State of California The Resources Agency of California
M e m o r a n d u m
To: MELISSA JONES Date: February 28, 2011
Telephone: (916) 654-5013
From: California Energy Commission - Panama Bartholomy, Deputy Director
1516 Ninth Street Efficiency and Renewable Energy Division
Sacramento CA 95814-5512
Melissa Jones
Page 2
Subject: POSSIBLE APPROVAL OF THE CITY OF HAYWARD’S LOCALLY ADOPTED BUILDING ENERGY STANDARDS TO REQUIRE GREATER ENERGY EFFICIENCY THAN THE 2008 BUILDING ENERGY EFFICIENCY STANDARDS
Summary of Item
The California Public Resources Code establishes a process that allows cities or counties to adopt and enforce locally adopted energy standards that are more stringent than the statewide standards. This process, described in Section 25402.1(h)(2) and the 2008 Building Energy Efficiency Standards, Title 24, Part 1, Section 10-106, allows cities or counties to adopt new versions of the Standards before their statewide effective date (early adoption), requires additional energy efficiency measures, or sets more stringent energy budgets. The governing body of the city or county is required to make a determination that the standards are cost effective and adopt the findings at a public meeting. The city or county is required to file this determination of cost effectiveness with the California Energy Commission. The Energy Commission must find that the local standards will require the diminution of energy consumption levels permitted by the current California Standards. The proposed local energy standard cannot be enforced until it is approved by the Energy Commission.
On November 5, 2010, the City Council of the City of Hayward submitted an application for approval of their local Ordinance No. 09-15 (an ordinance amending, Article 22 of Chapter 10 of the Hayward Municipal Code) which will meet or exceed the 2008 Standards (Title 24, Part 6 of the California Building Standards). The Ordinance covers residential and nonresidential, newly constructed buildings as well as additions and alterations to existing buildings.
The ordinance requires that all newly constructed residential buildings (single-family, multi-family and mixed-use buildings) demonstrate compliance with all requirements of the 2008 Standards and be certified GreenPoint Rated (GPR) with the rating system developed by Build It Green. Additions and alterations to existing single-family and multi-family residential buildings greater than 500 square feet must demonstrate compliance with the 2008 Standards and submit the GPR checklist (certification is not required).
The ordinance requires that all newly constructed nonresidential buildings and additions and alterations to existing nonresidential buildings greater than 1,000 square feet where at least 50 percent of the lighting fixtures are new or replaced must meet one of the following requirements:
1. The lighting load for such fixtures must be reduced by at least 15 percent below Title 24, Part 6 requirements, or
2. 15 percent of the lighting load of such fixtures must be provided by solar, wind, or other renewable energy source as approved by the Building Official of the City of Hayward, or
3. The project must show compliance for overall energy budget savings of 5 percent below Title 24, Part 6 requirements using the performance method.
The City of Hayward has made a written commitment to enforce compliance with their local energy standard (Ordinance 09-15) and the 2008 Standards. Energy Commission staff has found that the application meets all requirements under Public Resources Code Section 25402.1(h)(2) and Section 10-106 of Title 24, Part 1 and recommends it for approval.
A detailed summary of the proposed local energy standard is provided in Attachment A. The complete application including the full proposed ordinance and cost effectiveness analysis will be made available on the Energy Commission web site upon Energy Commission approval of the proposed ordinance.
Project Manager
Joseph M. Loyer, High Performance Buildings and Standards Development Office.
Summary of Staff Position
Energy Commission staff has found that the application meets all requirements under Public Resources Code Section 25402.1(h)(2) and Section 10-106 of Title 24, Part 1. Energy Commission staff believes that the City of Hayward is to be commended for seeking to achieve the energy savings that result from their local energy ordinance.
The City of Hayward has been informed that the approved ordinance will be enforceable while the 2008 Building Energy Efficiency Standard (Title 24, Part 6) of the California Building Code is in effect. Upon the effective date of a new adopted State Standard, the City of Hayward will be required to resubmit an application for a local energy standard under Public Resources Code Section 25402.1(h)(2) and Section 10-106 of Title 24, Part 1.
Oral Presentation Outline
Energy Commission staff will provide a brief summary and be available to answer questions if any arise.
Business Meeting Participants
Joseph M. Loyer, High Performance Buildings and Standards Development Office.
Commission Action Requested
Approval of the City of Hayward’s locally adopted energy standards that result in more stringent energy requirements than the 2008 Building Energy Efficiency Standards.
______
Panama Bartholomy, Deputy Director
Efficiency and Renewable Energy Division
Attachment A
Detailed Summary of the Proposed Energy Standard
City of Hayward
Ordinance No. 09-15, Article 22 of Chapter 10
of the Hayward Municipal Code
Green Building Requirements for Private Development
City of Hayward
Ordinance No. 09-15, Article 22 of Chapter 10 of the Hayward Municipal Code
1. General Requirements of all Buildings
a. All covered projects must demonstrate compliance with Title 24, Part 6[1].
2. Requirements for Residential Buildings
a. Single Family, Multi-Family Residential Buildings
i. Newly Constructed
1. Must be certified Green Point Rated[2]. To qualify to be GPR, buildings must be a minimum of 15% mor energy efficient than Title 24, Part 6.
ii. Additions and Alterations to Existing Buildings greater than 500 square feet.
1. Must submit a checklist for GPR (certification not required). The applicant can volunteer but is not required to include measures from the checklist in their projects.
3. Requirements for Nonresidential Buildings
a. Newly Constructed and Additions and Alterations to Existing Buildings that are greater than 1,000 square feet and where at least 50 percent of the lighting fixtures are new or replaced, must meet one of the following requirements:
i. The lighting load for such fixtures must be reduced by at least 15 percent below Title 24, Part 6 requirements, or
ii. 15 percent of the lighting load of such fixtures must be provided by solar, wind, or other renewable energy source as approved by the Building Official of the City of Hayward, or
iii. The project must show compliance for overall energy budget savings of 5 percent below Title 24, Part 6 requirements using the performance method.
4. Requirements for Mixed-Use Buildings
i. Newly Constructed
1. Must be certified Green Point Rated[3]. To qualify to be GPR, buildings must be a minimum of 15% mor energy efficient than Title 24, Part 6.
ii. Additions and Alterations to Existing Buildings greater than 500 square feet.
1. Must submit a checklist for GPR (certification not required). The applicant can volunteer but is not required to include measures from the checklist in their projects.
5. Other
a. The City of Hayward has made a written commitment to enforce compliance with their local energy standard and Title 24, Part 6.
Page A-2
[1] Title 24, Part 6: Refers to the 2008 Building Energy Efficiency Standards (Title 24, Part 6) of the California Building Code.
[2] GPR: GreenPoint Rated is a rating system developed by Build It Green for residential buildings only. Certification under GPR requires that the applicant meet specific green building points, including a minimum requirement for achieving 15 percent energy reduction compared to Title 24, Part 6 and use a certified GreenPoint Rater and provide documentation from the GreenPoint Rater that was submitted to and approved by Building It Green.
[3] GPR: GreenPoint Rated is a rating system developed by Build It Green for residential buildings only. Certification under GPR requires that the applicant meet specific green building points, including a minimum requirement for achieving 15 percent energy reduction compared to Title 24, Part 6 and use a certified GreenPoint Rater and provide documentation from the GreenPoint Rater that was submitted to and approved by Build It Green.