HomeMy WebLinkAboutRESO 10152Resolution No. 10152 .
Resolution of the Council of the City of Palo Alto
Establishing a Temporary Moratorium on Enforcement of Palo Alto Municipal Code
Sections 16.14.090, 16.14.110 and 16.14.300 (Requiring Full Electrification for New and
Substantially Remodeled Residential and Commercial Buildings)
R E C I T A L S
A.On November 14, 2022, the Palo Alto City Council adopted an ordinance amending Title
16 of the Palo Alto Municipal Code, Chapter 14, by adding Sections 16.14.090, 16.14.110 and
16.14.300 (the “Electrification Requirements”) to support progress towards the City’s 80-by-30
carbon reduction goal by promoting electrification of new residential and commercial
construction and substantial remodels.
B.The Electrification Requirements prohibit installation of combustion equipment or
plumbing for combustion equipment in new residential and non-residential buildings, in
substantial remodels of residential and non-residential buildings, and with respect to new
outdoor appliances and equipment such as grills, firepits, swimming pool heaters, and similar
equipment. The Electrification Requirements also require use of heat pump water heaters for
all existing structures replacing or adding a water heater. The Electrification Requirements
became effective January 1, 2023.
C.In the case of California Restaurant Association v. City of Berkeley, 89 F.4th 1094 (9th
Cir. 2024), the United States Court of Appeals for the Ninth Circuit held that the state and local
governments may not prohibit installation of gas piping in new construction because such
regulations are preempted by the Energy Policy and Conservation Act (EPCA), 42 U.S. Code sect.
6201 et. seq.
D.The Palo Alto Council finds that suspending enforcement of the Electrification
Requirements is appropriate at this time, pending potential further developments including,
but not limited to, final resolution of California Restaurant Association v. City of Berkeley
litigation or amendments to the EPCA and any rules promulgated thereunder.
NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as follows:
SECTION 1. Enforcement of Palo Alto Municipal Code Sections 16.14.090, 16.14.110 and
16.14.300 is suspended. This moratorium on enforcement is effective immediately on adoption
of this Resolution and shall remain in place until repealed by Council or December 31, 2024,
whichever is sooner. This moratorium on enforcement shall apply to all applications for building
permits or other development project entitlements including, without limitation, currently-
pending applications, new applications filed after adoption of this Resolution, requests for
DocuSign Envelope ID: A7FDF3D9-9119-4A92-98EE-00237EB0DD9B
modification of pending applications, and applications for modification of previously-issued
permits or entitlements.
INTRODUCED AND PASSED: February 26, 2024
AYES: BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager or Designee
City Attorney
Director of Planning and Development
Services
DocuSign Envelope ID: A7FDF3D9-9119-4A92-98EE-00237EB0DD9B
Certificate Of Completion
Envelope Id: A7FDF3D991194A9298EE00237EB0DD9B Status: Completed
Subject: DocuSign: Resolution 10152 - Electrification Moratorium
Source Envelope:
Document Pages: 2 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Vinhloc Nguyen
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Vinhloc.Nguyen@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
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3/5/2024 3:31:14 PM
Holder: Vinhloc Nguyen
Vinhloc.Nguyen@CityofPaloAlto.org
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Molly Stump
Molly.Stump@CityofPaloAlto.org
City Attorney
City of Palo Alto
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Jonathan Lait
Jonathan.Lait@CityofPaloAlto.org
Interim Director Planning and Community
Environment
City of Palo Alto
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Ed Shikada
Ed.Shikada@CityofPaloAlto.org
Ed Shikada
City of Palo Alto
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Greer Stone
greer.stone@cityofpaloalto.org
Vice Mayor
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Mahealani Ah Yun
Mahealani.AhYun@CityofPaloAlto.org
City Clerk
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