City to explore options after gas ban defeated in court

The city of Los Altos isn’t giving up just yet on mandating natural gas restrictions in new construction.

Despite a Jan. 2 federal appeals court ruling that prohibited cities from enacting such laws, Los Altos City councilmembers informally agreed at their Jan. 23 meeting to direct city staff to look into other ways of restricting gas in order to accomplish the city’s Climate Action and Adaptation Plan (CAAP). 

“We have no idea what (staff) will find,” said Councilwoman Neysa Fligor. “Maybe they will come back and say no, there’s no option here that they would recommend. But I think it’s prudent of us as a city that that says we care about, we believe in, climate change. And we believe in sustainability and taking this leadership action.”

The Ninth Circuit Court of Appeals sided with the California Restaurant Association in its legal fight with the city of Berkeley over enacting a mandatory gas ban. Gas is the preferred use for cooking among chefs and other food preparers, and it is seen as a less expensive alternative for hot water heaters and cooktops. But gas is major contributor to greenhouse gas emissions that adversely impact the environment.

Los Altos last year introduced new reach codes that required all-electric installations in new construction and major remodels. But the Ninth Circuit court decision in Berkeley shortly after that introduction forced suspension of the codes until the city could determine impacts. The court chose not to re-hear Berkeley’s case when the city appealed last year’s decision. Central to the court’s ruling is the assertion that Berkeley’s law is pre-empted by the federal Energy Policy and Conservation Act.

Connie Miller, a member of the environmental advocacy group Greentown Los Altos, indicated she was not satisfied with a city statement after the Jan. 2 Berkeley ruling that the city can only “encourage and educate” building electrification, not require it.

“Since our buildings represent about a third of all of our city’s emissions, we will never achieve our cap goal of carbon neutrality by 2035 if we don’t implement a workaround to the Berkeley ruling,” Miller told council members Jan. 23. “Without expanded reach codes, you don’t have many other big leverage tools that you can use. I’m requesting the city council to direct city staff to explore other options to the Berkeley-style reach codes and to continue decarbonization efforts just beyond recommending them.”

Miller noted, Los Altos Hills officials, as an example, are strengthening town reach codes by building performance standards. Patterned after the Bay Area Air Quality Management District’s nitrous oxide standards, they measure emissions rather than type of fuels used, Miller said.

“Applying the Los Altos Hills or equivalent standard will help prepare our community for a grid based on renewables,” Miller said. “It’ll help us create healthier buildings and accelerate those healthier built buildings as we implement the housing element. And they’ll also provide a compass to our public towards technologies that won’t become obsolete in a few years as the industry and our states transitions to 100% clean energy. … We’ve got to keep our eye on the end goal and not let one ruling to deter us.”

City attorney Jolie Houston said she would raise the issue at a scheduled meeting with other city attorneys that she was planning to attend, and report back to council on recommendations.