Chapter 14.06
ELECTRIFICATION OF BUILDINGS
Sections:
14.06.030 Requirement for all-electric newly constructed buildings.
14.06.040 Prohibition on conversion to mixed-fuel buildings.
14.06.050 Termination of gas service.
14.06.070 Infeasibility waiver.
14.06.010 Title.
This chapter shall be known as “Electrification of Buildings.” (Ord. C-2022-02 §2(Att. B), 2022).
14.06.020 Definitions.
A. “Accessory dwelling unit” shall have the same meaning as specified in Section 18.02.040.
B. “All-electric building” or “all-electric design” is a building or building design that uses a permanent supply of electricity as the source of energy for all space heating, water heating (including pools and spas), cooking appliances, and clothes drying appliances, and has no fuel gas plumbing installed in the building.
C. “All-electric conversion” shall mean the conversion of a mixed-fuel building to a building that uses a permanent supply of electricity as the source of energy for all space heating, water heating (including pools and spas), decorative uses and lighting, cooking appliances, clothes drying appliances, and in which any previously existing fuel gas plumbing connection is capped or decommissioned.
D. “Building” shall have the same meaning as specified in Section 18.02.040. Notwithstanding that definition, for purposes of this chapter, “building” does not include mobile homes or manufactured homes, pursuant to Health and Safety Code Sections 18015, 18030.5, and 18300(a).
E. “Commercial greenhouse” shall have the same meaning as specified in Section 18.02.040.
F. “Dwelling unit” shall have the same meaning as specified in Section 18.02.040.
G. “Electrically pre-wire" shall mean to install necessary electrical components to permit future conversion to electric appliances. The required pre-wiring measures shall include the following:
1. A dedicated circuit, phased appropriately, for each appliance, with a minimum amperage requirement for a comparable electric appliance (see manufacturer’s recommendations) with an electrical receptacle or junction box that is connected to the electric panel with conductors of adequate capacity, extending to within three feet of the appliance and accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors;
2. Both ends of the conductor or conduit shall be labeled with the words “for future electric appliance” and be electrically isolated;
3. A circuit breaker shall be installed in the electrical panel for the branch circuit and labeled for each circuit (i.e., “for future electric range”); and
4. All electrical components, including conductors, receptacles, junction boxes, or blank covers related to this section, shall be installed in accordance with the California Electric Code.
H. “Fuel gas” shall be as defined in California Plumbing Code Section 208.0 and California Mechanical Code Section 208.0.
I. “Junior accessory dwelling unit” means a unit as defined in California Government Code Section 65852.22.
J. “Mixed-fuel building” means a building that uses fuel gas as fuel for space heating or cooling, exterior heating, decorative uses or lighting, water heating (including pools and spas), cooking appliances, clothes drying appliances, or on-site generation of electricity (except where primarily fueled by on-site digestion of organic material).
K. “Mixed-use building” shall have the same meaning as specified for “mixed use” in Section 18.02.040.
L. “Newly constructed building” is a building that has never before been used or occupied for any purpose.
M. “Nonresidential building” shall have the same meaning as specified in California Energy Code Section 100.1.
N. “Residential building” means a building in which sleeping accommodation is provided for normal residential purposes and includes one or more family dwellings, including private garages of such buildings. For purposes of this chapter, “residential building” does not include mobile homes or manufactured homes, pursuant to Health and Safety Code Sections 18015, 18030.5, and 18300(a). (Ord. C-2022-02 §2(Att. B), 2022).
14.06.030 Requirement for all-electric newly constructed buildings.
Newly constructed buildings shall meet the definition of an all-electric building and shall be designed using an all-electric design.
A. Exceptions.
1. Development projects for which all building and related permits have been issued and remain valid prior to January 1, 2023. These projects may be constructed as mixed-fuel buildings; however, they must be electrically pre-wired for future electric appliances in any location where a fuel gas appliance is installed.
2. New and existing accessory dwelling units and junior accessory dwelling units that are attached or wholly within an existing mixed-fuel residential building may utilize fuel gas appliances.
3. This section shall not apply to development projects that have obtained vested rights pursuant to state law prior to the effective date of the ordinance codified in this chapter. (Ord. C-2022-02 §2(Att. B), 2022).
14.06.040 Prohibition on conversion to mixed-fuel buildings.
A. Residential Buildings. No existing all-electric building may be converted into a mixed-fuel building on or after the effective date of this chapter.
B. Nonresidential and Mixed-Use Buildings. No existing all-electric building may be converted into a mixed-fuel building on or after January 1, 2045. (Ord. C-2022-02 §2(Att. B), 2022).
14.06.050 Termination of gas service.
No later than January 1, 2045, all buildings within Half Moon Bay shall be all-electric buildings or all-electric conversions and all fuel gas plumbing lines shall be capped and/or decommissioned. (Ord. C-2022-02 §2(Att. B), 2022).
14.06.060 Exemptions.
A. Commercial greenhouses shall be exempt from this chapter until January 1, 2045.
B. Wastewater treatment facilities shall be exempt from this chapter until January 1, 2045.
C. Fuel gas generators shall be exempt from this chapter until January 1, 2045.
D. The requirements of this chapter shall not apply to the use of portable propane appliances for use outside of the building envelope, such as outdoor cooking and outdoor heating appliances. (Ord. C-2022-02 §2(Att. B), 2022).
14.06.070 Infeasibility waiver.
A. Waiver. If an applicant for a permit for a newly constructed building believes that physical or technical circumstances exist that make it technically or physically infeasible to meet the requirements of this chapter in part or in whole, the applicant may request an infeasibility waiver as set forth below. Financial considerations alone shall not be a sufficient basis for technical or physical infeasibility. In applying for an exemption, the burden is on the applicant to show infeasibility.
B. Application Process. An applicant may apply for an infeasibility waiver by submitting a written letter of justification for an infeasibility waiver as early as practicable. Where the project involves issuance of a coastal development permit (CDP), the waiver request shall be filed concurrently and considered concurrently with the CDP. The applicant shall indicate in their letter of justification the maximum threshold of compliance he or she believes is feasible for the project and the circumstances that make it infeasible to fully comply with this chapter. Circumstances that constitute infeasibility include, but are not limited to, the following:
1. There is conflict with another city regulation, such as those requiring historic preservation;
2. There is a lack of commercially available materials, appliances, and/or technologies to comply with the requirements of this chapter;
3. Applying the requirements of this chapter would effectuate an unconstitutional interference.
C. Review of Exemption. Where the city manager or his/her designee determines that it is infeasible for the applicant to fully meet the requirements of this chapter based on the information provided, the city manager or his/her designee shall determine the maximum feasible threshold of compliance reasonably achievable for the project and condition the approval accordingly. The decision of the city manager or his/her designee shall be provided to the applicant in writing. If an exemption is granted but the city manager or his/her designee determines that the applicant can still achieve a certain threshold of compliance, the applicant shall be required to comply with this chapter in all other respects and shall be required to achieve, in accordance with this chapter, the threshold of compliance determined to be achievable by the city manager or his/her designee.
D. Final Determination. If the city manager or his/her designee determines that it is reasonably possible for the applicant to fully meet the requirements of this chapter, the request for an exemption shall be denied and the city manager or his/her designee shall so notify the applicant in writing.
E. Expiration. The city manager or his/her designee shall not grant infeasibility waivers on or after January 1, 2045. All infeasibility waivers granted previously shall expire on January 1, 2045. (Ord. C-2022-02 §2(Att. B), 2022).
14.06.080 Appeal.
A. Any aggrieved applicant may appeal the determination of the city manager or his/her designee regarding the granting or denial of an exception or infeasibility waiver pursuant to this chapter.
B. Any appeal must be filed in writing with the city clerk not later than fourteen days after the date of the city’s determination. The appeal shall state the alleged error or reason for the appeal.
C. The appeal shall be processed and considered by the city council in accordance with the provisions of the Half Moon Bay Municipal Code. (Ord. C-2022-02 §2(Att. B), 2022).
14.06.090 Periodic review.
A. The city anticipates that all buildings will be required by the state to be fully electrified over time and thus monitoring and managing implementation of this chapter is necessary.
B. The city council shall review the effectiveness of this chapter in conjunction with the annual review of the city’s adopted climate action and adaptation plan (CAAP).
C. The city council shall review this chapter in conjunction with the triannual building code adoption cycle to ensure it is at least as stringent as state code and to ensure progress under this chapter is sufficient in conjunction with the city’s greenhouse gas emission reduction goals. (Ord. C-2022-02 §2(Att. B), 2022).
14.06.100 Violations.
An owner of a building or property and/or an agent representing the owner subject to this chapter who fails to comply with any of the requirements of this chapter shall be subject to fines and penalties contained in Title 4 (Code Enforcement) and any other enforcement provisions authorized by the California Building Code or related codes. (Ord. C-2022-02 §2(Att. B), 2022).