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A. Adoption of Codes and Applicability. The effective date of the ordinance codified in this section shall be January 1, 2024, and is applicable to newly constructed buildings and facilities, and those that are built after a demolition. The minimum energy compliance margin standards established in this code shall apply to all applicable buildings accordingly. The amendments contained in this section do not apply to additions, alterations, or repairs to buildings or facilities constructed prior to the effective date of the ordinance codified in this section.

B. Add Item D to Subchapter 1, Section 100.0(e)3, to read as follows:

D. Prohibited reduction in source energy performance. No repair, addition, or alteration shall reduce the efficiency of any building or facility, as determined by the source energy compliance margin.

C. Add the following definition to Subchapter 1, Section 100.1(b):

DEMOLITION is the act of reconstructing, removing, taking down or destroying all or portions of an existing building or structure, or making extensive repairs or modifications to an existing building or structure, if such changes involve removal or replacement of fifty percent or more of both the structural framing and cladding or of the exterior walls within a twenty-four-month period. When determining whether a building or structure is demolished, the following applies:

1. The nonconforming portions of any wall are counted as removed or taken down, even when retention of these portions is proposed.

2. Any continuous run of remaining exterior wall surfaces measuring ten feet or less in length are counted as removed or replaced.

D. Add Section 120.11 to Subchapter 3, to read as follows:

120.11 Electric Readiness Requirements for All Systems

Where nonresidential systems using gas or propane are installed, the construction drawings shall indicate a pathway for routing of conduit from the equipment using gas or propane to the point of interconnection with the electrical service.

E. Delete Section 140.1 from Subchapter 5, and replace with new Section 140.1 to read as follows:

A building complies with the performance approach provided that:

1. The TDV energy budget calculated for the Proposed Design Building under Subsection (b) is no greater than the TDV energy budget calculated for the Standard Design Building under Subsection (a), and

2. The energy budget calculated for the proposed design building under Subsection (b) has a source energy compliance margin, relative to the energy budget calculated for the standard design building under Subsection (a), of at least 7 percent for all nonresidential occupancies.

Exception to Section 140.1 item 2. A source energy compliance margin of at least 7 percent is not required when nonresidential occupancies are designed with single zone space-conditioning systems complying with Section 140.4(a)2.

(a) Energy budget for the standard design building. The energy budget for the Standard Design Building is determined by applying the mandatory and prescriptive requirements to the proposed design building. The energy budget is the sum of the TDV energy for space-conditioning, indoor lighting, mechanical ventilation, photovoltaic (PV) and battery storage systems, service water heating and covered process loads.

(b) Energy budget for the proposed design building.

The energy budget for a proposed design building is determined by calculating the TDV energy for the proposed design building. The energy budget is the sum of the TDV energy for space-conditioning, indoor lighting, mechanical ventilation, photovoltaic (PV) and battery storage systems, and service water heating and covered process loads.

Exception to Section 140.1(b). A community shared solar electric generation system, or other renewable electric generation system, and/or community shared battery storage system, that provides dedicated power, utility energy reduction credits or payments for energy bill reductions to the permitted building and is approved by the Energy Commission as specified in Title 24, Part 1, Section 10-115, may offset part or all of the solar electric generation system or battery storage system TDV energy required to comply with the standards, as calculated according to methods established by the Commission in the Nonresidential ACM Reference Manual.

(c) Calculation of energy budget. The TDV energy for both the standard design building and the proposed design building shall be computed by compliance software certified for this use by the Commission. The processes for compliance software approval by the Commission are documented in the ACM Approval Manual.

Note: Authority: Sections 25213, 25218, 25218.5, 25402 and 25402.1, Public Resources Code. Reference: Sections 25007, 25008, 25218.5, 25310, 25402, 25402.1, 25402.4, 25402.5, 25402.8, and 25943, Public Resources Code.

F. Amend Subchapter 8, Section 150.1(b), to read as follows, with Items 2 and 3 to remain:

(b) Performance Standards. A building complies with the performance standards if the energy consumption calculated for the proposed design building is no greater than the energy budget calculated for the standard design building using Commission-certified compliance software as specified by the Alternative Calculation Methods Approval Manual, and as specified in items 1, 2 and 3 below.

1. Newly Constructed Buildings. The Energy Budget for newly constructed buildings is expressed in terms of the Energy Design Ratings, which are based on source energy and time-dependent valuation (TDV) energy. The Energy Design Rating 1 (EDR1) is based on source energy. The Energy Design Rating 2 (EDR2) is based on TDV energy and has two components, the Energy Efficiency Design Rating, and the Solar Electric Generation and Demand Flexibility Design Rating. The total Energy Design Rating shall account for both the Energy Efficiency Design Rating and the Solar Electric Generation and Demand Flexibility Design Rating. The proposed building shall separately comply with the Source Energy Design Rating, Energy Efficiency Design Rating and the Total Energy Design Rating. A newly constructed building complies with the performance approach if the TDV energy budget calculated for the proposed design building is no greater than the TDV energy budget calculated for the Standard Design Building AND the Source Energy compliance margin is at least 6, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.

EXCEPTION 1 to Section 150.1(b)1. A community shared solar electric generation system, or other renewable electric generation system, and/or community shared battery storage system, which provides dedicated power, utility energy reduction credits, or payments for energy bill reductions, to the permitted building and is approved by the Energy Commission as specified in Title 24, Part 1, Section 10-115, may offset part or all of the solar electric generation system Energy Design Rating required to comply with the Standards, as calculated according to methods established by the Commission in the Residential ACM Reference Manual.

EXCEPTION 2 to Section 150.1(b)1. A newly constructed building that does not require a PV system in accordance with section 150.1(c)14 does not need a Source Energy compliance margin of at least 6, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.

G. Add Section 160.9(d), to read as follows:

160.9(d) Central Water Heater Readiness

Where a multi-family central water heating system using gas or propane is installed, the construction drawings shall indicate a pathway for routing of conduit from the equipment using gas or propane to the point of interconnection with the electrical service.

H. Amend Subchapter 11, Section 170.1, paragraph 1, to read as follows:

A building complies with the performance approach if the TDV energy budget calculated for the proposed design building under Subsection (b) is no greater than the TDV energy budget calculated for the Standard Design Building under Subsection (a). Additionally:

1. The source energy budget of a newly constructed multifamily building (with three or less habitable stories) shall be at least 9% lower than that of the Standard Design Building.

2. The source energy budget of newly constructed multifamily buildings (with four or more habitable stories) shall be at least 3% lower than that of the Standard Design Building.

(Ord. 1730 § 2 (Exh. A), 2023)