Locally Adopted Energy Ordinances

1. Locally Adopted Energy Ordinances Build it Green Bay Area Public Agency Council San Jose, California June 15, 2010 Joe LoyerHigh Performance Buildings and Standards Development OfficeEfficiency and Renewable Energy Division JMLoyer@energy.state.ca.us 916-654-4811 California Energy Commission www.energy.ca.gov

2. Local Building Energy Efficiency StandardsSection 10-106, Title 24, Part 1What Does the Statue Provide and Require • Allows local governments to adopt and enforce their own energy standards • Applications must include publicly reviewed documentation showing how the ordinance will save energy and is cost-effective. • Energy Commission staff must verify that the ordinance will result in greater energy savings than current statewide Standards before bringing the application before the full Commission for approval. • The ordinance is only legally enforceable by the local jurisdiction after the full Commission has approved it. California Energy Commission www.energy.ca.gov

3. Approved Local Ordinances • Approved Local Ordinances are listed on the Energy Commission web page www.energy.ca.gov/title24/2008standards/ordinances • Local Jurisdiction • Date Approved • Application (which includes the ordinance) • Letter guaranteeing continued enforcement of Title 24, Part 6 California Energy Commission www.energy.ca.gov

4. Your Ordinance Needs Approval if it has any of the Following Elements • Green Building Standard that includes mandatory energy efficiency requirements that exceed the statewide Standard. • Using Third Party Verification Programs such as GPR or LEED that require greater energy efficiency than the statewide Standard. • Early Adoption of Energy Standards. • Adoption of stricter energy budgets. • Renewal or Updating Existing Ordinance California Energy Commission www.energy.ca.gov

5. The Application to the Commission • Required Documentation • A copy of the ordinance. • A study/analysis showing the expected energy savings and the cost effectiveness of the ordinance. • A statement/finding that the ordinance will require buildings to “consume no more energy than is permitted by (Title 24) Part 6.” • The date the ordinance, energy savings and cost-effectiveness study were presented to Council/Board in a Publicly Noticed Meeting. • A letter to the Commissioners assuring them that the City/County will continue to enforce Title 24,Part 6 as well as the proposed Ordinance. California Energy Commission www.energy.ca.gov

6. Commission Review of a Complete Application Ordinance Review • Ensure that buildings will consume no more energy than permitted by Title 24, Part 6. • Clear requirements to ensure greater energy efficiency. • Clear statement(s) that Title 24, Part 6 will still be enforced. • Any exception or exemption is explicitly limited to the ordinance and does not affect compliance with Title 24, Part 6. California Energy Commission www.energy.ca.gov

7. Third Party Verification Programs Some ordinances do NOT require third party verification while requiring the use of the Third Party Verification Program. • The ordinance must clearly state that third party verification or certification is not required. • The ordinance should make it clear to the applicant that compliance with the ordinance does not equal compliance with the Third Party Verification Program. California Energy Commission www.energy.ca.gov

8. The Benefits of Commission Approval • Only those local energy efficiency ordinances that have been approved by the Energy Commission are legally enforceable. • Unapproved local ordinances that require buildings under their jurisdiction to be more energy efficient than what is required under the California Building Energy Efficiency Standards, Title 24, Part 6 are not legally enforceable • Complaints are investigated and remedies are developed and enforced. California Energy Commission www.energy.ca.gov