Reach Codes Newcomers Corner
This new column will be a dedicated monthly feature focusing on specific topics of interest to newcomers to the reach code development community.
As cities and counties prepare for the 2022 code cycle, many jurisdictions are considering reach codes for the first time. To support these efforts, the Reach Codes Team is focusing on the basics of the process. This month, we’re focusing on some basic definitions, starting with what exactly a reach code is, and how it differs from other types of local ordinances. The term reach code typically refers to a local government law (ordinance) requiring buildings to meet energy standards that are more stringent than the California Energy Code. While local governments are required by law to adopt and enforce state energy standards within their jurisdiction, they have authority to establish additional energy conservation requirements that reach beyond statewide minimum standards; hence, the name “reach code.”
Building Energy Efficiency Standards Measures
If the jurisdiction is developing an ordinance linked to the statewide Building Energy Efficiency Standards (Title 24, Part 6), state law requires this type of reach code to meet certain conditions. For instance, it must result in lower energy consumption than the statewide provision does, and it must be cost-effective. These types of reach codes must also be approved by the Energy Commission and filed with the California Building Standards Commission (CBSC) before they may be enforced locally. Some examples of these types of ordinances that have been enacted during 2021 (see feature article above) include the City of Albany, Daly City, and Encinitas.
These types of reach codes are linked to the current version of the statewide Building Energy Efficiency Standards and must be updated with each new building code cycle (every three years). When the California Building Code (including the Energy Code) is superseded by a new version, as will occur when the new 2022 Standard becomes effective in January 2023, these local ordinances will expire unless superseded by new local ordinances (reach codes).
Health and Safety Measures
The local jurisdiction may also enact a reach code that emanates from the jurisdiction’s police powers; that is, the power it exercises to protect and preserve the health and safety of its citizens. A local ordinance enacted pursuant to these powers may also be referred to as a reach code, but does not usually require an increase in performance beyond a state minimum. Instead, a municipal ordinance may restrict the materials used in new construction to require all-electric buildings or to prohibit the installation of gas infrastructure. Because these types of measures emanate from a different source of jurisdictional authority, these do not require approval by the Energy Commission for local enforcement, nor must they satisfy the cost-effectiveness requirement. They must, however, satisfy a showing of necessity that the measure is needed to combat the specific health and safety risk identified by the jurisdiction. Some examples of these types of ordinances enacted during 2021 (see feature article above) include Santa Barbara and Petaluma.
These types of ordinances may be immediately enforceable by the local jurisdiction and will only expire or be superseded by measures enacted by that local jurisdiction.
Want to Learn More?
The Reach Codes Team in collaboration with BayREN, Building Decarbonization Coalition and California Climate and Energy Collaborative (CCEC) is kicking off a Reach Codes Newcomers group with a webinar series in early 2022.
To find out more, please email info@localenergycodes.com and watch for upcoming announcements.
