(a) 
Except as provided by subsection (b), below, the requirements of this Chapter shall apply to all newly constructed buildings as provided in Section 8.38.030 for which a building permit for construction is issued on or after January 1, 2023.
(b) 
The requirements of this Chapter shall not apply to:
(1) 
Newly constructed buildings for which a complete building permit application is submitted on or before December 31, 2022;
(2) 
Junior accessory dwelling units;
(3) 
Accessory dwelling units that are attached to an existing primary residential unit that has natural gas infrastructure;
(4) 
City-designated historic resources demolished in the course of rehabilitation, if compliance with the requirements of this Chapter would require removal of more original finishes or features than proposed in the scope of the rehabilitation; and
(5) 
The use of portable propane appliances for outdoor cooking and heating.
(c) 
This Chapter neither amends the California Energy Code as adopted by Section 8.36.010 of this Code, nor requires the use or installation of any specific appliance or system as a condition of approval.
(Added by Ord. No. 2722CCS § 1, adopted 10/11/22)
For purposes of this Chapter, the following words or phrases shall have the following meanings:
"Accessory dwelling unit"
means an accessory dwelling unit as defined in Santa Monica Municipal Code Section 9.52.020.0095.
"Applicant"
means any person, firm, partnership, association, joint venture, corporation, or any other entity or combination of entities, or state or local government agency applying for a permit for a newly constructed building.
"Energy Code"
means the most current version of the California Energy Code published by the California Building Standards Commission as adopted by reference pursuant to Chapter 8.36 and any local amendments thereto.
"City-designated historic resource"
means a city-designated historic resource as defined by Santa Monica Municipal Code Section 9.52.020.0500.
"Greenhouse gas emissions"
means gases that trap heat in the atmosphere.
"Junior accessory dwelling unit"
means a junior accessory dwelling unit as defined in Santa Monica Municipal Code Section 9.52.020.1155.
"Mechanical Code"
means the California Mechanical Code published by the California Building Standards Commission as adopted by reference to Chapter 8.28 and any local amendments thereto.
"Natural gas"
has the same meaning as "fuel gas" as defined in the Plumbing Code and in the Mechanical Code.
"Fuel gas infrastructure"
means natural gas or fuel gas piping, other than service pipe, in or in connection with a building or within the property lines of a parcel, extending from the point of delivery at the gas meter as specified in the Plumbing Code or in the Mechanical Code.
"Newly-constructed building"
means a new structure that has never before been used or occupied for any purpose or removal and replacement of an existing structure, or repair, alteration, modification, addition to, or rehabilitation of an existing structure, where a demolition will occur, as defined in Santa Monica Municipal Code Section 9.25.030 (A)(1) or (A)(2).
"Permitting authority"
means the Building Official or a city employee exercising authority delegated by the Building Official.
"Plumbing Code"
means the California Plumbing Code published by the California Building Standards Commission as adopted by reference to Chapter 8.32 and any local amendments thereto.
(Added by Ord. No. 2722CCS § 1, adopted 10/11/22)
(a) 
Fuel gas infrastructure is prohibited in newly constructed buildings.
(b) 
Notwithstanding subsection (a), the permitting authority may authorize fuel gas infrastructure in a newly constructed building if the applicant establishes that it is not physically feasible to construct the building without fuel gas infrastructure. For purposes of this exception, it is physically feasible to construct the building without fuel gas infrastructure if an all-electric prescriptive compliance approach is available for the building under the Energy Code or the building is able to achieve the performance compliance standards under the Energy Code using commercially available technology and an approved calculation method.
(c) 
When fuel gas infrastructure is permitted for a newly constructed building pursuant to subsection (b), it may be extended to any system, device, or appliance within a building for which an equivalent all-electric system or design is not available. Further, newly constructed buildings with fuel gas infrastructure must also have sufficient electric capacity, wiring, and conduit to facilitate future full building electrification.
(d) 
The requirements of this Section shall be deemed objective planning standards under Government Code Section 65913.4 and objective development standards under Government Code Section 65589.5.
(e) 
Authorization of fuel gas infrastructure in a newly constructed building may occur on a case-by-case basis by the permitting authority where compliance is not feasible based on the utility being unable to supply adequate power.
(Added by Ord. No. 2722CCS § 1, adopted 10/11/22)
(a) 
Notwithstanding the requirements of Section 8.38.030(a), minimally necessary and specifically tailored natural gas infrastructure may be allowed in a newly constructed building if the permitting authority finds that the use of specifically tailored fuel gas infrastructure serves the public interest. In determining whether the construction of natural gas infrastructure is in the public interest, the permitting authority may consider:
(1) 
The availability of alternative technologies or systems that do not use natural gas; and
(2) 
Any other impacts that the decision to allow fuel gas infrastructure may have on the health, safety, or welfare of the public.
(b) 
If the installation of fuel gas infrastructure is granted under a public interest exemption, the newly constructed buildings shall nonetheless be required at the minimum to have sufficient electric capacity, wiring and conduit to facilitate future full building electrification.
(c) 
For purposes of this Section, provision of fuel gas infrastructure for cooking appliances in commercial kitchens in restaurants and institutional cooking facilities shall be deemed to be in the public interest provided that the infrastructure is limited to the capacity necessary to operate the appliances as designed. Further, commercial kitchens in restaurants and institutional cooking facilities with fuel gas infrastructure must also have sufficient electric capacity, wiring, and conduit to facilitate future full building electrification.
(d) 
For purposes of this Section, provision of fuel gas infrastructure for medical uses, laboratory equipment or clean-rooms in buildings designed for scientific or medical uses shall be deemed to be in the public interest provided that the infrastructure is limited to the capacity necessary for designated medical, laboratory or clean-room areas.
(Added by Ord. No. 2722CCS § 1, adopted 10/11/22)
Decisions of the permitting authority under this Chapter may be appealed to the Building and Fire Life Safety Commission under this Section, pursuant to the provisions of Santa Monica Municipal Code 8.08.040.
(Added by Ord. No. 2722CCS § 1, adopted 10/11/22)
Public Works shall review the requirements of this Chapter every thirty-six months for ongoing consistency with the California Energy Code and the Energy Commission's triennial code adoption cycle and make a report and recommendation to the City Manager.
(Added by Ord. No. 2722CCS § 1, adopted 10/11/22)