State of California The Resources Agency of California
M e m o r a n d u m
To: MELISSA JONES Date: November 29, 2010
Executive Director
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 3
Subject: POSSIBLE APPROVAL OF THE COUNTY OF SANTA CLARA’S LOCALLY ADOPTED 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 (Standards), allows cities or counties to adopt new versions of the Standards before their statewide effective date (early adoption), require additional energy efficiency measures, or set 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 standards will require the diminution of energy consumption levels permitted by the current 2008 Building Energy Efficiency Standards.
On December 16, 2009, the Energy Commission approved a local ordinance submitted by the County of Santa Clara that required single-family residential newly constructed buildings larger than 1,200 square feet to have greater energy efficiency than required by the 2008 Building Energy Efficiency Standards (Title 24, Part 6) of the California Building Code and additions and alterations to existing buildings larger than 500 square feet to meet green building standards that may lead to greater energy efficiency than Title 24, Part 6.
On September 14, 2010, the Santa Clara County Board of Supervisors retracted the approved ordinance in favor of an ordinance that included requirements not only for newly constructed single-family residential buildings as above, but also additions larger than 500 square feet and alterations greater than $100,000 to existing single-family residential buildings, newly constructed multi-family residential buildings and newly constructed nonresidential buildings, and additions to existing nonresidential buildings.
On September 23, 2010, the County of Santa Clara submitted an application under Title 24, Part 1 to the Energy Commission for approval of a local ordinance for the above buildings that will meet or exceed the 2008 Building Energy Efficiency Standards
(Title 24, Part 6) of the California Building Code.
The County of Santa Clara has provided a cost effectiveness study that assumes that buildings subject to the ordinance will achieve an energy saving of 15 percent over Title 24, Part 6. The ordinance incorporates specific levels of Build It Green’s GreenPoint Rated program that will save at least 15% for newly constructed single family homes larger than 1,260 square feet and newly constructed multi-family home buildings greater than 5,000 square feet and lesser amounts for other residential buildings. The ordinance incorporates specific levels of the U.S. Green Building Council’s Leadership in Energy Efficiency Design (LEED) for Homes program as an option for residential buildings and as a requirement for nonresidential buildings. The LEED program will save variable levels of energy up to about 15% for nonresidential buildings larger than 5,000 square feet. The ordinance allows for exemptions to the energy efficiency requirements; however, all projects at a minimum must demonstrate compliance with Title 24, Part 6.
The County of Santa Clara has made a written commitment to enforce compliance with both the locally adopted energy standards and Title 24, Part 6.
A detailed summary of the proposed local energy standard is available in Attachment A. The complete application, including the proposed ordinance and cost effectiveness analysis, will be 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 Town of San Anselmo is to be commended for seeking to achieve the energy savings that result from their local energy ordinance.
The County of Santa Clara 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 enforced and upon implementation of a new adopted State Standard, the City 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 County of Santa Clara’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
1. Defined Terms
a. GreenPoint Rated (GPR): Rating system as developed by Build It Green for residential buildings only.
i. Certification under GPR requires that the applicant use a certified GreenPoint Rater and that the documentation from the GreenPoint Rater be submitted for approval to Building It Green.
ii. Checklist Only under GPR requires that the applicant submit to the City the appropriate checklist from Build It Green for the proposed building.
b. Leadership in Energy and Environmental Design (LEED): Rating system developed by the U.S. Green Building Council for residential and nonresidential buildings.
i. Certification under LEED requires that the applicant use a certified LEED-AP and that the documentation from the LEED-AP be submitted for approval to USGBC.
ii. Checklist Only under LEED requires that the applicant submit to the City the appropriate checklist from USGBC for the proposed building.
2. General Requirements
a. All covered projects must meet or exceed Title 24, Part 6.
3. Requirements for Residential
a. Single-Family and Two-Family Residence
i. Newly Constructed Buildings
1. Greater than 1,200 sq ft and less than or equal to 3,000 sq ft, 50 GPR points or Certified LEED for Homes.
2. Greater than 3,000 sq ft, the above requirements plus 1 point for every 100 sq ft beyond 3,000.
ii. Additions and Alterations to Existing Buildings
1. Additions greater than or equal to 500 sq ft or alterations beyond $100,000 of permit valuation, GPR-Existing Homes Checklist.
b. Multi-Family Residence
i. Newly Constructed Buildings
1. Less than 5,000 sq ft total and less than 1,200 sq ft per unit, submit Checklist for GPR Multi-Family or LEED for Homes.
2. Greater than 2 units and less than 10 units, Certified GPR Multi-Family Homes or LEED for Homes or approved by the building official by an alternative means.
3. Greater than or equal to 10 units, 70 GPR points, LEED certified or approved by the building official by an alternative means.
4. Requirements for Nonresidential
a. Newly Constructed Buildings and Additions to existing Buildings
i. Less than 5,000 sq ft, LEED Checklist.
ii. Greater than or equal to 5,000 sq ft and less than 25,000 sq ft, LEED Certified.
iii. Greater than or equal to 25,000 sq ft, Certified LEED Silver.
5. Other
a. The ordinance provides for exemptions due to hardship or infeasibility, however all buildings are required to comply with Title 24, Part 6.