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HomeMy WebLinkAbout6.1 Adding a Low Carbon Concrete Requirement to the City’s Green Building Code in Coordination with the City’s Climate Action PlanII DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 6.1 DATE: September 3, 2024 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Adding a Low Carbon Concrete Requirement to the City's Green Building Code in Coordination with the City's Climate Action Plan Prepared by: Nelson Pureco, Plan Check Engineer, and Shannan Young, Environmental & Sustainability Manager EXECUTIVE SUMMARY: The City Council will consider introducing an ordinance amending the City's Green Building Code to add a requirement for the use of low carbon concrete and adopting a related resolution. The low carbon concrete requirements are in alignment with the City of Dublin Climate Action Plan 2030 and Beyond, Measure MM-2, Reduce the Embodied Greenhouse Gas Emissions Associated with Building Materials. STAFF RECOMMENDATION: Take the following actions: 1) adopt the Resolution Approving Findings Regarding the Need for Local Amendments to Provisions in the California Green Building Standards Code as Adopted by the City; and 2) INTRODUCE the Ordinance Approving Amendments to the Dublin Municipal Code Chapter 7.94 (Green Building Code) to Amend Section 7.94.050 (Definitions) and to Add Section 7.94.085 (Low Carbon Concrete) and Section 7.94.120 (Low Carbon Concrete). FINANCIAL IMPACT: The cost associated with implementing the Ordinance is estimated to be approximately $85,000 to $140,000 per year for additional plan check and inspection time commitments. The costs may decrease over time as applicants become familiar with the requirements. These increased costs are accounted for in the City's Master Fee Schedule adopted in June 2024. Page 1 of 4 1 DESCRIPTION: Background The City of Dublin adopted the Climate Action Plan 2030 and Beyond (CAP 2030) on September 15, 2020 (Resolution 100-20). CAP 2030 includes five strategies with 22 measures intended to reduce greenhouse gas emissions by 40 percent below 1990 levels by 2030 and to put the City on the path to reach carbon neutrality by 2045. The five strategies in CAP 2030 are: Strategy 1 - Renewable and Carbon Free Electricity Strategy 2 - Building Efficiency and Electrification Strategy 3 - Sustainable Mobility and Land Use Strategy 4 - Materials and Waste Management Strategy 5 - Municipal Leadership Included under Strategy 4 is Measure MM-2, Reduce the Embodied Greenhouse Gas Emissions (GHG) Associated with Building Materials. The embodied GHG emissions of a building are carbon dioxide or other GHGs generated by making and transporting building materials to a site, including mining, refining, and shipping. According to the Rocky Mountain Institute', 11 percent of global GHG emissions are generated during the lifecycle of building materials and concrete production is responsible for approximately 8 percent of global carbon emissions. Although CAP 2030 did not quantify the embodied GHG emissions from the consumption of building materials, the inclusion of Measure MM-2 acknowledges the importance of addressing embodied emission to achieve the 2045 carbon neutrality goal. Concrete is composed of an aggregate blend and cement. The GHG emissions associated with concrete can be reduced by minimizing cement use to the extent possible or by using cement alternatives called supplementary cementitious materials (SCMs). These include but are not limited to fly ash, slag, and glass pozzolans. Based on conversations with local ready -mix suppliers, Staff understands these cement alternatives to be locally available and have cost parity with cement. These low carbon concrete mixes are not new. The State of California Department of Transportation incorporated SCMs into the 2010 document "Guidelines for the Design & Inspection of Concrete" and noted that SCMs are cost effective and provide benefits to the strength, workability, permeability, and durability of concrete. Based on Staff's research and in alignment with the goals of CAP 2030, Staff proposes to amend the City's Green Building Code to add a requirement for the use of low carbon concrete. Analysis The proposed Ordinance would add Sections 7.94.085 and 7.94.120 to Chapter 7.94, Green Building Code, of the Dublin Municipal Code (DMC). The requirements are based on the low carbon concrete code adopted in 2019 by Marin County, who partnered with several entities and conducted robust stakeholder engagement to develop a 1 The Rocky Mountain Institute is an independent, non -partisan, non-profit organization of experts across disciplines working to accelerate the clean energy transition and improve lives. Page 2 of 4 2 regionally replicable building code amendment. Requirements would be applicable to all projects that require a building permit and that use ready -mix concrete. Projects that use bagged concrete, shotcrete, gunite, stucco, and asphaltic concrete (asphalt) would be exempt. Projects would demonstrate compliance with the low carbon concrete code by either using the cement limit equation or through the embodied carbon pathway. When using the embodied carbon method, the carbon in the concrete mix shall not exceed the values, as demonstrated via an Environmental Product Declaration (EPD) for the concrete mix. An EPD is a document that provides third -party verification of life -cycle analysis of products and goods. If an applicant is unable to meet the limits, the applicant has the option to use an alternative compliance pathway to demonstrate reduced equivalent carbon emissions reductions from the remaining portions of the project. If the applicant is unable to provide sufficient evidence to demonstrate equivalent carbon emissions reductions, the Ordinance allows for the assessment of penalties based on the social cost of carbon as established by the United States Environmental Protection Agency. The Ordinance includes the calculation for assessing penalties. The current social cost of carbon is set at $190 per metric ton of carbon dioxide. The initial implementation of the proposed Ordinance would be an education and outreach effort led by the Public Works Department in conjunction with the Community Development Department. To ensure a successful launch of the low carbon concrete code, Staff recommends adoption with an effective date of January 1, 2025. The proposed modifications as described in Section 7.94.085 and 7.94.120 are necessary to limit carbon emissions associated with concrete construction, while ensuring adequate strength and durability for the intended use. Low carbon concrete is available locally and can be incorporated into projects occurring in the City. The reduction of greenhouse gas emissions from the use of low carbon concrete helps mitigate climate change and its negative effects such as extreme heat, droughts, intense storms, and flooding that may occur in the City, making these amendments reasonably necessary for local climatic reasons. In calendar year 2023, 2,903 building permits were issued. Of those permits, 11.6 percent (338 permits) would have been subject to this ordinance while 17.2 percent (499 permits) would require further review to determine if the project met an exemption. Therefore, at least 71.2 percent of permits issued met an exception and would not require a review for compliance. Based on the time it takes to review applications and enforce requirements during the plan check and inspection process, Staff estimates that the new requirements will add 45 minutes to the review time for smaller buildings, such as a single-family detached dwelling, to as much as four hours for a large commercial project. Review and inspection times will likely decrease over time as applicants, owners, contractors, and developers become more familiar with the standards. The effect on residential projects depends on the scope of the project. See examples listed below: • No Effect: o Work that is exempt from a Building permit Page 3 of 4 3 o Water heater replacement permits o Heating and air conditioning replacement permits o Electrical permits • Possible Minor Effect: o Repair work o New swimming pool permits without a concrete deck around the pool o Retaining walls • Moderate Effect: o New swimming pools with a concrete deck o Small additions o Accessory structures o New landscaping permits with concrete pathways • Full Effect: o New buildings o Accessory Dwellings Units o Additions Lastly, in order to amend our local Building Code, the City has to make certain legal findings that support the amendments to the State Code. Attached to this item is a resolution that makes those findings. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Two community meetings were held on April 10, 2024 to inform stakeholders of the potential Ordinance and requirements. A combined 20 people attended, including both contractors and developers. A few questions were addressed regarding the documentation and the timeframe of the process. In accordance with State law, a public notice was published in the East Bay Times and posted at several locations throughout the City. The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving Findings Regarding the Need for Local Amendments to Provisions in the California Green Building Standards Code as Adopted by the City 2) Exhibit A to the Resolution - California Green Building Standards Code Findings 3) Ordinance Approving Amendments to the Dublin Municipal Code Chapter 7.94 (Green Building Code) to Amend Section 7.94.050 (Definitions) and to Add Section 7.94.085 (Low Carbon Concrete) and Section 7.94.120 (Low Carbon Concrete) 4) Underline Version of the Proposed Amendments to Chapter 7.94 of the Dublin Municipal Code Page 4 of 4 4 Attachment I RESOLUTION NO. XX-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINDINGS REGARDING THE NEED FOR LOCAL AMENDMENTS TO PROVISIONS IN THE CALIFORNIA GREEN BUILDING STANDARDS CODE AS ADOPTED BY THE CITY WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the "Commission"), or at a later date established by the Commission; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 establish the authority for a city to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 permit a city to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 require a city, before making any amendments and modifications to the California Building Standards Code, make an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and WHEREAS, the Dublin City Council held a properly noticed public hearing on September 3, 2024, at which time all interested parties had an opportunity to be heard; and WHEREAS, the City Council of the City of Dublin intends to adopt an Ordinance adopting by reference provisions of the California Building Standards Code, with local amendments; and WHEREAS, the City Council has reviewed the reasons for proposed changes to the California Building Standards Code set forth below, attached hereto and hereinafter incorporated by reference. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the findings (Exhibit A), declare, and find that the local amendments to the provisions of the California Building Standards Code set forth below are reasonably necessary because of local climatic, Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 12 5 geologic, or topographical conditions in accordance with Health and Safety Code Section 17958.7 as further set forth below. BE IT FURTHER RESOLVED that a copy of this Resolution, including items shown below, and Ordinance No. xx-24, Approving Amendments to the Dublin Municipal Code Chapter 7.94 (Green Building Code) to Amend Section 7.94.050 (Definitions) and to Add Section 7.94.085 (Low Carbon Concrete) and Section 7.94.120 (Low Carbon Concrete) shall be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7. GREEN BUILDING CODE Sections: 7.94.050 7.94.085 7.94.120 Chapter 7.94 Section 202, Chapter 2, Definitions — Amended. Section 4.420, Division 4.4, Chapter 4, Low Carbon Concrete — Added. Section 5.420, Division 5.4, Chapter 5, Low Carbon Concrete — Added. Section 7.94.050 of the Dublin Municipal Code is hereby amended to read as follows: 7.94.050 Section 202, Chapter 2, Definitions — Amended. The following definitions are hereby added to Section 202 of the State Code to read as follows: ALL -ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment within the building or building property lines, and instead uses electric appliances for service. ASPHALTIC CONCRETE. Commonly called asphalt, bituminous asphalt concrete, and bituminous mixture), consists of any composite material composed of mineral aggregate adhered with a binder and commonly used to surface roads and parking lots. CALTRANS AUTHORIZED MATERIALS LIST. Cementitious Materials for use in concrete as updated from time to time. This list includes blended cement, Portland cement, fly ash, pozzolan, metakaolin pozzolan, silica fume, and slag materials. CARBON CURE CONCRETE. A technology that introduces recycled CO, into fresh concrete to reduce its carbon footprint without compromising performance. Once injected, the CO, undergoes a mineralization process and becomes permanently embedded. COMMERCIAL FOOD HEAT -PROCESSING EQUIPMENT. Equipment used in a food establishment for heat -processing food or utensils and that produces grease vapors, steam, fumes, smoke, or odors that are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code. COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas. Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 2 of 12 6 CONCRETE. Any approved combination of mineral aggregates bound together into a hardened conglomerate in accordance with the requirements of this code. Concrete as defined in this Chapter does not include asphaltic concrete. CO2. Carbon Dioxide. CO2 INJECTION. The process of injecting CO2 into the cement mixture rather than water for purposes of curing the product. ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code. ENVIRONMENTAL PRODUCT DECLARATION. Present quantified environmental information on the life cycle of a product based on the results of a comprehensive Life Cycle Assessment (LCA) to enable comparisons between products fulfilling the same function. Environmental Product Declarations must conform to International Organization for Standardization 14025 accreditation and European Standard EN 15804, or International Organization for Standardization 21930 accreditation, and have at least a "cradle to grave" scope (which covers product life cycle from resource extraction to the factory). FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these. GREENHOUSE GAS (GHG). Any gas that has the property of absorbing infrared radiation (net heat energy) emitted from Earth's surface and reradiating it back to Earth's surface, thus contributing to the greenhouse effect. GHG gasses include carbon dioxide, methane, nitrous oxides, and water vapor. PLAIN CONCRETE. Concrete that contains no steel reinforcement in the form of rods, bars, or mesh or containing not more than two tenths of one percent of reinforcing. READY -MIX CONCRETE. Concrete that is batched for delivery from a central plant instead of being mixed on the job site. Each batch of ready -mixed concrete is tailor-made according to the specifics of the contractor and is delivered to the contractor in a plastic condition, usually in the cylindrical trucks often known as cement mixers. REINFORCED CONCRETE. Concrete in which reinforcing steel in the form of rods, bars, or mesh —is inserted into the concrete to absorb the tensile, shear, and sometimes compressive stresses in a concrete structure. SECONDARY CEMENTITIOUS MATERIALS (SCM'S). Materials that include, but are not limited to, ground granulated blast furnace slag (ggbs), fly ash, metakaolin pozzolan, pozzolan, silica fume, and Belterra clay. UPFRONT EMBODIED CARBON (EMBODIED CARBON). The emissions, including greenhouse gasses, released before the built asset is used. The release of emissions occurs in material extraction, transportation, manufacturing, and installing building materials on site. Upfront embodied carbon also includes operational and end -of -life emissions associated with materials. Section 7.94.085 is hereby added to the Dublin Municipal Code to read as follows: Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 3 of 12 7 7.94.085 Section 4.420, Division 4.4, Chapter 4, Low Carbon Concrete -Added. A new Section 4.420 is added to read: 4.420 Low Carbon Concrete Requirements. 4.420.1 Purpose. The purpose of this section is to provide standards and requirements for the composition of concrete, as defined herein, that maintains adequate strength and durability for the intended application and at the same time reduces greenhouse gas emissions associated with concrete composition. 4.4.20.1.2 Applicability. The requirements of this section shall only be applicable to projects that require a building permit. 4.420.3 Compliance. Compliance with the requirements of this section shall be demonstrated through any of the compliance options in Sections 4.420.3.2 through 4.420.3.5. Table 4.420.3: Cement and Embodied Carbon Limit Pathways Cement limits for use with any compliance method 4.420.3.2 through 4.420.3.5 Embodied Carbon limits for use with any compliance method 4.420.3.2 through 4.420.3.5 Minimum specified compressive strength f'c , psi Maximum ordinary Portland cement content, Ibs/yd3 (1) Maximum embodied carbon kg CO2e/m3, per Environmental Product Declaration up to 2500 362 260 2501-3000 410 289 3001-4000 456 313 4001-5000 503 338 5001-6000 531 356 6001-7000 594 394 Greater than 7000 657 433 up to 3000 light weight 512 578 Up to 4000 light weight 571 626 4001-5000 light weight 629 675 Notes (1) Portland cement of any type per ASTM C150. Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 4 of 12 8 4.420.3.1 Allowable Increases (1) Approved Cements. The maximum cement content may be increased proportionately above the tabulated value when using an approved cement, or blended cement, demonstrated by approved Environmental Product Declaration to have a plant -specific Environmental Product Declaration lower than 1040 kg CO2e/metric ton. The increase in allowable cement content is: 1040 / plant -specific Environmental Product Declaration %. (2) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon limits shown in Table 4.420.3 can be increased by 30% for concretes demonstrated to the Building Official as requiring high early strength. Such concretes may include but are not limited to, precast or prestressed concrete; beams and slabs above grade; and shotcrete. 4.420.3.2 Cement Limit Method — Mix Cement content of a concrete mix using this method shall not exceed the value shown in Table 4.420.3. Use of this method is limited to concrete with specified compressive strength not exceeding 5,000 psi. 4.120.3.3. Cement Limit Method — Project Total cement content shall be based on total cement usage of all concrete mix designs within the same project. Total cement content for a project shall not exceed the value calculated according to Equation 4.420.3.3. Equation 4.420.3.3: Z(Cemn)(Vn) 5 Z(Cemiim)(vn) Where, n = the total number of concrete mixtures for the project Cemn = the cement content for mixture n, kg/m3 or lb/yd3 Cemiim = the maximum cement content for mixture n per Table 4.420.3, kg/m3 or lb/yd3 vn = the volume of mixture n concrete to be placed, yd3 or m3 Calculations may use yd3 or m3 but must keep the same units throughout. 4.420.3.4 Embodied Carbon Method — Mix Mix embodied carbon of a concrete mix, based on an approved Environmental Product Declaration, shall not exceed the value given in Table 4.420.3. Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 5 of 12 9 4.420.3.5 Embodied Carbon Method — Project Total embodied carbon of all concrete mix designs within the same project (EC proj) shall not exceed the project limit (EC allowed) determined using Table 4.420.3 and Equation 4.420.3.5. Equation 4.420.3.5: Z(ECn )(vn) <_ Z(ECiim )(vn ) Where, n = the total number of concrete mixtures for the project ECn = the embodied carbon content for mixture n, per mixture Environmental Product Declaration, kgCO2e/m3 ECiim = the maximum embodied carbon content for mixture n per Table 4.420.3, kgCO2e/m3 vn = the volume of mixture n concrete to be placed, yd3 or m3 4.420.3.6 Verification and Enforcement Prior to the approval of the building permit application involving the placement of concrete, the permit applicant shall submit a completed Low -Carbon Concrete Compliance Form to the Building & Safety Division. If the permit applicant has not secured a concrete supplier at the time the permit application is submitted, the applicant may complete the Low -Carbon Concrete Compliance Form to calculate the maximum allowable cement and embodied carbon and shall certify by signature that they will meet maximum allowable limits at the time of construction. As a condition of such building permits, and prior to approving construction inspections and prior to placement of concrete, the permit applicant shall submit batch certificates and/or Environmental Product Declarations with an updated Low -Carbon Concrete Compliance Form to the Building & Safety Division. The batch certificates and/or Environmental Product Declarations, and the updated Low -Carbon Concrete Compliance Form shall be reviewed for compliance by the Building & Safety Division prior to performing further inspections or pouring concrete. When deviations from compliance with this section occur, the Building Official or their designee, is authorized to require the permit applicant to provide evidence of equivalent carbon reductions from the portions of remaining construction of the project to demonstrate alternative compliance with the intent of this chapter and payment of associated administrative fees. If the permit applicant is unable to provide evidence of equivalent carbon reductions, the Building & Safety Division reserves the right to penalize the permit applicant for the excess embodied carbon used in the project. Excess embodied carbon shall be determined by the amount of embodied carbon content in the project greater than ECiim per Equation 4.420.3.5, in metric tons. The maximum penalty shall be determined as follows: Pm = (ECx)($190) + A Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 6 of 12 10 Where, Pm = the maximum penalty ($) ECX = the total excess embodied carbon content in the project, in metric tons determined from Equation 4.420.3.5. $190 = penalty per metric ton of excess embodied carbon ($/metric ton) A = Building and Safety Administrative Fee ($), refer to the City's Master Fee Schedule. For projects involving placement of concrete by, or on behalf of, the City of Dublin the City Project Manager for the project, or their designee, shall maintain accurate records of the total volume (in cubic yards) of all concrete placed, as well as the total compliant volume (in cubic yards) of all concrete placed. 4.420.3.7 Exemptions (a) Projects exempt from permits. Projects that do not require a building permit per Chapter 7.28, shall not be subject to the requirements in section 4.420 (b) Projects that do not involve the placement of ready -mix concrete. (c) Asphaltic concrete is not considered as concrete for the purposes of section 4.420 (d) Due to lack of commercial availability of low -carbon concrete options, shotcrete, gunite, and stucco are exempt from embodied carbon requirements. (e) Small projects as approved by the Building Official. (f) Hardship or infeasibility exemption. If an applicant for a project subject to section 4.420 believes that circumstances exist that make it a hardship or infeasible to meet the requirements of section 4.420, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility. The applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. Circumstances that constitute hardship or infeasibility may include, but are not limited to the following: (1) There is a lack of commercially available material necessary to comply with section 4.420; (2) The cost of achieving compliance is disproportionate to the overall cost of the project; (3) Compliance with the requirements would impair the historic integrity of buildings listed on a local, state or federal list or register of historic structures as regulated by the California Historic Building Code (Title 24, Part 8). (g) Granting of an exemption. If the Building Official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of section 4.420 and that granting the requested exemption will not cause the building to fail to comply with the California Green Building Standards Code, the Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the Building Official shall consider whether alternate, practical means of achieving the objectives of section 4.420 can be satisfied. If an exemption is granted, the applicant shall be required to comply with section 4.420 in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the Building Official. Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 7 of 12 11 (h) Denial of exception. If the Building Official determines that it is reasonably possible for the applicant to fully meet the requirements of section 4.420, the request shall be denied, and the applicant shall be notified of the decision in writing within 60 days after receipt of the request for exemption. The project and compliance documentation shall be modified to comply with the standards for compliance. Section 7.94.120 is hereby added to the Dublin Municipal Code to read as follows: 7.94.120 Section 5.420, Division 5.4, Chapter 5, Low Carbon Concrete -Added. A new Section 5.420 is added to read: 5.420 Low Carbon Concrete Requirements. 5.420.1 Purpose. The purpose of this section is to provide standards and requirements for the composition of concrete, as defined herein, that maintains adequate strength and durability for the intended application and at the same time reduces greenhouse gas emissions associated with concrete composition. 5.4.20.1.2 Applicability. The requirements of this section shall only be applicable to projects that require a building permit. 5.420.3 Compliance. Compliance with the requirements of this section shall be demonstrated through any of the compliance options in Sections 5.420.3.2 through 5.420.3.5. Table 5.420.3: Cement and Embodied Carbon Limit Pathways Cement limits for use with any compliance method 5.420.3.2 through 5.420.3.5 Embodied Carbon limits for use with any compliance method 5.420.3.2 through 5.420.3.5 Minimum specified compressive strength f'c , psi Maximum ordinary Portland cement content, Ibs/yd3 (1) Maximum embodied carbon kg CO2e/m3, per Environmental Product Declaration up to 2500 362 260 2501-3000 410 289 3001-4000 456 313 4001-5000 503 338 5001-6000 531 356 6001-7000 594 394 Greater than 7000 657 433 up to 3000 light weight 512 578 Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 8 of 12 12 Up to 4000 light weight 571 626 4001-5000 light weight 629 675 Notes (1) Portland cement of any type per ASTM C150. 5.420.3.1 Allowable Increases (1) Approved Cements. The maximum cement content may be increased proportionately above the tabulated value when using an approved cement, or blended cement, demonstrated by approved Environmental Product Declaration to have a plant -specific Environmental Product Declaration lower than 1040 kg CO2e/metric ton. The increase in allowable cement content is: 1040 / plant -specific Environmental Product Declaration %. (2) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon limits shown in Table 5.420.3 can be increased by 30% for concretes demonstrated to the Building Official as requiring high early strength. Such concretes may include but are not limited to, precast or prestressed concrete; beams and slabs above grade; and shotcrete. 5.420.3.2 Cement Limit Method — Mix Cement content of a concrete mix using this method shall not exceed the value shown in Table 5.420.3. Use of this method is limited to concrete with specified compressive strength not exceeding 5,000 psi. 5.120.3.3. Cement Limit Method — Project Total cement content shall be based on total cement usage of all concrete mix designs within the same project. Total cement content for a project shall not exceed the value calculated according to Equation 5.420.3.3. Equation 5.420.3.3: Z(Cemn)(vn) < Z(Cemiim)(vn) Where, n = the total number of concrete mixtures for the project Cemn = the cement content for mixture n, kg/m3 or Ib/yd3 Cemiim = the maximum cement content for mixture n per Table 5.420.3, kg/m3 or Ib/yd3 Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 9 of 12 13 vn = the volume of mixture n concrete to be placed, yd3 or m3 Calculations may use yd3 or m3 but must keep the same units throughout. 5.420.3.4 Embodied Carbon Method — Mix Mix embodied carbon of a concrete mix, based on an approved Environmental Product Declaration, shall not exceed the value given in Table 5.420.3. 5.420.3.5 Embodied Carbon Method — Project Total embodied carbon of all concrete mix designs within the same project (EC proj) shall not exceed the project limit (EC allowed) determined using Table 5.420.3 and Equation 5.420.3.5. Equation 5.420.3.5: Z(ECn )(vn) <_ Z(ECiim )(vn ) Where, n = the total number of concrete mixtures for the project ECn = the embodied carbon content for mixture n, per mixture Environmental Product Declaration, kgCO2e/m3 ECim = the maximum embodied carbon content for mixture n per Table 4.420.3, kgCO2e/m3 vn = the volume of mixture n concrete to be placed, yd3 or m3 5.420.3.6 Verification and Enforcement Prior to the approval of the building permit application involving the placement of concrete, the permit applicant shall submit a completed Low -Carbon Concrete Compliance Form to the Building & Safety Division. If the permit applicant has not secured a concrete supplier at the time the permit application is submitted, the applicant may complete the Low -Carbon Concrete Compliance Form to calculate the maximum allowable cement and embodied carbon and shall certify by signature that they will meet maximum allowable limits at the time of construction. As a condition of such building permits, and prior to approving construction inspections and prior to placement of concrete, the permit applicant shall submit batch certificates and/or Environmental Product Declarations with an updated Low -Carbon Concrete Compliance Form to the Building & Safety Division. The batch certificates and/or Environmental Product Declarations, and the updated Low -Carbon Concrete Compliance Form shall be reviewed for compliance by the Building & Safety Division prior to performing further inspections or pouring concrete. When deviations from compliance with this section occur, the Building Official or their designee, is authorized to require the permit applicant to provide evidence of equivalent carbon reductions from the portions of remaining construction of the project to demonstrate Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 10 of 12 14 alternative compliance with the intent of this chapter and payment of associated administrative fees. If the permit applicant is unable to provide evidence of equivalent carbon reductions, the Building & Safety Division reserves the right to penalize the permit applicant for the excess embodied carbon used in the project. Excess embodied carbon shall be determined by the amount of embodied carbon content in the project greater than ECiim per Equation 4.420.3.5, in metric tons. The maximum penalty shall be determined as follows: Pm = (ECx)($190) + A Where, Pm = the maximum penalty ($) ECx = the total excess embodied carbon content in the project, in metric tons determined from Equation 4.420.3.5. $190 = penalty per metric ton of excess embodied carbon ($/metric ton) A = Building and Safety Administrative Fee ($), refer to the City's Master Fee Schedule. For projects involving placement of concrete by, or on behalf of, the City of Dublin the City Project Manager for the project, or their designee, shall maintain accurate records of the total volume (in cubic yards) of all concrete placed, as well as the total compliant volume (in cubic yards) of all concrete placed. 5.420.3.7 Exemptions (a) Projects exempt from permits. Projects that do not require a building permit per Chapter 7.28, shall not be subject to the requirements in section 5.420. (b) Projects that do not involve the placement of ready -mix concrete. (c) Asphaltic concrete is not considered as concrete for the purposes of section 5.420 (d)Due to lack of commercial availability of low -carbon concrete options, shotcrete, gunite, and stucco are exempt from embodied carbon requirements. (e) Small projects as approved by the Building Official. (f) Hardship or infeasibility exemption. If an applicant for a project subject to section 5.420 believes that circumstances exist that make it a hardship or infeasible to meet the requirements of section 5.420, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility. The applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. Circumstances that constitute hardship or infeasibility may include, but are not limited to the following: (1) There is a lack of commercially available material necessary to comply with section 5.420; (2) The cost of achieving compliance is disproportionate to the overall cost of the project; (3) Compliance with the requirements would impair the historic integrity of buildings listed on a local, state, or federal list or register of historic structures as regulated by the California Historic Building Code (Title 24, Part 8). (g) Granting of an exemption. If the Building Official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of section 5.420 and that granting the requested exemption will not cause the building to fail to comply with the California Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 11 of 12 15 Green Building Standards Code, the Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the Building Official shall consider whether alternate, practical means of achieving the objectives of section 5.420 can be satisfied. If an exemption is granted, the applicant shall be required to comply with section 5.420 in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the Building Official. (h) Denial of exception. If the Building Official determines that it is reasonably possible for the applicant to fully meet the requirements of section 5.420, the request shall be denied, and the applicant shall be notified of the decision in writing within 60 days after receipt of the request for exemption. The project and compliance documentation shall be modified to comply with the standards for compliance. PASSED, APPROVED AND ADOPTED this 3rd day of September 2024, by the following votes. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 12 of 12 16 Attachment 2 Exhibit A to Resolution California Green Building Standards Code Findings Exhibit A FINDINGS FOR AMENDMENT AND ADDITIONS TO THE CALIFORNIA GREEN BUILDING STANDARDS CODE A. General Findings. The Dublin City Council makes the following general findings regarding regional and local climatic conditions, which the City Council finds necessitates the local modifications to the California Building Standards Code set forth below: The City of Dublin's weather is primarily influenced by its Mediterranean climate that typically boasts dry summers and wet winters, with summer conditions ranging from warm to hot and winter conditions typically being mild to cool. Observed local climatic conditions typically include a low amount of average yearly rainfall, which tends to be concentrated during the months of October through April. The months of May through September are typically dry where daily temperatures remain high. Except for infrequent monsoonal moisture originating from the south, there is little measurable precipitation during these months. In addition to the influence of the Mediterranean climate, the local climate is further influenced by the presence of the North Pacific High (NPH) which is a semi -permanent area of high pressure in the North Pacific Ocean that is strongest in the summer and shifts to the equator in the winter. The NPH however, has also been known to remain in place during winter months leading to drought conditions. During the 2011-2017 California drought, the NPH persisted longer than usual, due to a mass of warm water in the Pacific Ocean. In addition to influencing weather patterns, the persistence of high pressure in a region can also lead to air stagnation trapping air pollutants including Carbon Dioxide (CO2) which is a primary source of air pollution and a greenhouse gas that contributes to climate change. The concrete industry is a significant contributor to global greenhouse gas emissions as concrete production accounts for 4% to 8% of global CO2 emissions. In concrete production, CO2 is emitted due to the chemical reaction when limestone is heated in kilns to form cement and from the fuel used to heat the kilns. The CO2 emissions from the cement production, material extraction, transportation, and installation become part of the embodied carbon of projects that include concrete in construction projects. The reduction of CO2 emissions in the production of concrete can be achieved through a variety of methods including replacing a portion of the cement in concrete with secondary cementitious materials (SCMs) during the manufacturing process. Such materials include, but are not limited to, ground granulated blast furnace slag, silica, natural pozzolan, fly ash, and uncalcined limestone. These materials are lower in embodied carbon since these materials do not give off CO2 as part of the cement manufacturing process. By substituting these SCMs for a portion of the cement in concrete, the CO2 emissions of the concrete are reduced. 17 The economics of producing low carbon concrete are also more favorable than producing common Portland cement. This is accomplished through the reduction of fossil fuels used in the heating of limestone (parent material of Portland cement) and the use of SCMs as a former waste product. The adoption of low carbon concrete standards will assist the State of California, the San Bay Area, and the City of Dublin in the overall reduction of greenhouse gasses. Global climate change imposes substantial and local impacts and risks on the San Francisco Bay Area, and thus the City of Dublin, including rising temperatures, changing precipitation patterns and amounts, sea level rise, flooding, drought, and wildfire. A general summary of climate risks facing the San Francisco Bay Area and the City of Dublin are as follows: • Increased temperatures and extreme heat events. The Bay Area is expected to see an increase in average annual temperature of 2.7°F by 2050, and 3.5°F to 11°F by 2100. • Reduction in the Quality and Supply of Water in the Sierra Snowpack. If heat - trapping emissions continue unabated, more precipitation will fall as rain instead of snow, and the snow that does fall will melt earlier, reducing the Sierra Nevada spring snowpack by as much as 70% to 90%. This can lead to challenges in securing adequate water supplies. It can also lead to a potential reduction in hydropower. • Changes in Rainfall Intensity. By mid-century, more precipitation is projected to occur in winter in the form of less frequent but larger events. Most climate models predict drying trends across the State by 2100. • Increased Risk of Large Wildfires. A hotter, drier climate could promote up to 90% more Northern California fires by the end of the century by drying out and increasing the flammability of forest vegetation. • Exacerbation of Air Quality Problems. If temperatures rise to the medium warming range, there could be 75% to 85% more days with weather conducive to ozone formation, relative to today's conditions. This is more than twice the increase expected if rising temperatures remain in the lower warming range. This increase in air quality problems could result in an increase in asthma and other health -related problems. The average air quality index in Dublin has consistently worsened over time and is lower than the State and national averages. The air quality index also worsens during extreme heat and wildfire events, As the air quality index increases, an increasingly large percentage of the Dublin population is likely to experience increasingly adverse health effects. B. Specific Findings. The Dublin City Council hereby makes the following specific findings, which, in addition to the general findings regarding the production of concrete and low carbon concrete approves local modifications to the California Building Standards Code as cited below: California Green Building Standards Code Page 2 of 3 18 7.94.050 7.94.085 7.94.120 Section 202, Chapter 2 Definitions — Amended. Section 4.420, Division 4.4, Chapter 4, Low Carbon Concrete — Added. Section 5.420, Division 5.4, Chapter 5, Low Carbon Concrete — Added. FINDING: The amendment and additions are needed due to local climatic conditions. Incorporating low -carbon concrete into building construction has a significant and positive effect on resource efficiency resulting in the reduction of waste and pollution. Low carbon concrete meets or exceeds the same performance standards as traditional concrete thus ensuring building structural integrity. Low carbon concrete is available locally and can feasibly be incorporated into projects occurring in the City. Producing low carbon concrete results in fewer emissions of CO? a greenhouse gas, resulting in the reduction of heat absorption in the atmosphere. The reduction of greenhouse gas emissions from the use of low carbon concrete helps mitigate climate change and its negative effects such as extreme heat events, droughts, intense storms, and flooding, that may occur in the City thus making these amendments reasonably necessary because of local climactic conditions. Page 3 of 3 19 Attachment 3 ORDINANCE NO. xx — 24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO THE DUBLIN MUNICIPAL CODE CHAPTER 7.94 (GREEN BUILDING CODE) TO AMEND SECTION 7.94.050 (DEFINITIONS) AND TO ADD SECTION 7.94.085 (LOW CARBON CONCRETE) AND SECTION 7.94.120 (LOW CARBON CONCRETE) The Dublin City Council does ordain as follows: SECTION 1. RECITALS. A. Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the "Commission"), or at a later date established by the Commission. B. California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 establish the authority for a city to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code. C. California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 permit a city to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological, or topographical conditions. D. California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 require a city, before making any amendments and modifications to the California Building Standards Code, make an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological, or topographical conditions. E. Under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and F. Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference. G. A Staff Report was submitted to the Dublin City Council recommending approval of the proposed amendments to Dublin Municipal Code Chapter 7.94 (Green Building Code). H. The City Council held a public hearing on the proposed amendments to Dublin Municipal Code Chapter 7.94 (Green Building Code) on September 3, 2024, at which time all interested persons had an opportunity to be heard. I. Proper notice of said hearing was given in all respects as required by law. Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 1 of 13 20 J. The City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgement to evaluate the amendments. Section 2. EFFECT OF CODE ON PAST ACTIONS AND OBLIGATIONS. The adoption of the Dublin Building Code, 2022, does not affect any civil lawsuit instituted or filed or prosecutions for ordinance violations committed on or prior to the effective date of said Code, does not waive any fee or penalty due and unpaid prior to the effective date of said Code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance. Section 3. REFERENCES TO PRIOR CODE. Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of the former Dublin Building Code, 2019, shall be construed to apply to the corresponding provisions contained within the Dublin Building Code, 2022. Section 4. No penalty clauses are adopted by reference pursuant to this Ordinance. While Chapter 7.94 of the Dublin Municipal Code remain in force, a reasonable supply of the incorporated codes shall be available in the office of the City Clerk for public purchase. Section 5. SEVERABILITY. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 6. POSTING. This Ordinance shall take effect on January 1, 2025. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Government Code Section 36933. Section 7. CEQA FINDING. The City Council hereby finds that the adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to California Code of Regulations Title 14, sections 15002 and 15378 as this Ordinance is not a "project" within the meaning of the State CEQA Guidelines. Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new large structures or other physical changes resulting in impacts to the environment. Section 8. AMENDMENT 7.94.050 OF THE DUBLIN MUNICIPAL CODE. Section 7.94.050 of the Dublin Municipal Code is hereby amended to read as follows: 7.94.050 Section 202, Chapter 2, Definitions — Amended. Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 2 of 13 21 The following definitions are hereby added to Section 202 of the State Code to read as follows: ALL -ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment within the building or building property lines, and instead uses electric appliances for service. ASPHALTIC CONCRETE. Commonly called asphalt, bituminous asphalt concrete, and bituminous mixture), consists of any composite material composed of mineral aggregate adhered with a binder and commonly used to surface roads and parking lots. CALTRANS AUTHORIZED MATERIALS LIST. Cementitious Materials for use in concrete as updated from time to time. This list includes blended cement, Portland cement, fly ash, pozzolan, metakaolin pozzolan, silica fume, and slag materials. CARBON CURE CONCRETE. A technology that introduces recycled CO2 into fresh concrete to reduce its carbon footprint without compromising performance. Once injected, the CO2 undergoes a mineralization process and becomes permanently embedded. COMMERCIAL FOOD HEAT -PROCESSING EQUIPMENT. Equipment used in a food establishment for heat -processing food or utensils and that produces grease vapors, steam, fumes, smoke, or odors that are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code. COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas. CONCRETE. Any approved combination of mineral aggregates bound together into a hardened conglomerate in accordance with the requirements of this code. Concrete as defined in this Chapter does not include asphaltic concrete. CO2. Carbon Dioxide. CO2 INJECTION. The process of injecting CO2 into the cement mixture rather than water for purposes of curing the product. ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code. ENVIRONMENTAL PRODUCT DECLARATION. Present quantified environmental information on the life cycle of a product based on the results of a comprehensive Life Cycle Assessment (LCA) to enable comparisons between products fulfilling the same function. Environmental Product Declarations must conform to International Organization for Standardization 14025 accreditation and European Standard EN 15804, or International Organization for Standardization 21930 accreditation, and have at least a "cradle to grave" scope (which covers product life cycle from resource extraction to the factory). FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these. Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 3 of 13 22 GREENHOUSE GAS (GHG). Any gas that has the property of absorbing infrared radiation (net heat energy) emitted from Earth's surface and reradiating it back to Earth's surface, thus contributing to the greenhouse effect. GHG gasses include carbon dioxide, methane, nitrous oxides, and water vapor. PLAIN CONCRETE. Concrete that contains no steel reinforcement in the form of rods, bars, or mesh or containing not more than two tenths of one percent of reinforcing. READY -MIX CONCRETE. Concrete that is batched for delivery from a central plant instead of being mixed on the job site. Each batch of ready -mixed concrete is tailor-made according to the specifics of the contractor and is delivered to the contractor in a plastic condition, usually in the cylindrical trucks often known as cement mixers. REINFORCED CONCRETE. Concrete in which reinforcing steel in the form of rods, bars, or mesh —is inserted into the concrete to absorb the tensile, shear, and sometimes compressive stresses in a concrete structure. SECONDARY CEMENTITIOUS MATERIALS (SCM'S). Materials that include, but are not limited to, ground granulated blast furnace slag (ggbs), fly ash, metakaolin pozzolan, pozzolan, silica fume, and Belterra clay. UPFRONT EMBODIED CARBON (EMBODIED CARBON). The emissions, including greenhouse gasses, released before the built asset is used. The release of emissions occurs in material extraction, transportation, manufacturing, and installing building materials on site. Upfront embodied carbon also includes operational and end -of -life emissions associated with materials. Section 9. ADDITION OF 7.94.085 TO THE DUBLIN MUNICIPAL CODE. Section 7.94.085 is hereby added to the Dublin Municipal Code to read as follows: 7.94.085 Section 4.420, Division 4.4, Chapter 4, Low Carbon Concrete -Added. A new Section 4.420 is added to read: 4.420 Low Carbon Concrete Requirements. 4.420.1 Purpose. The purpose of this section is to provide standards and requirements for the composition of concrete, as defined herein, that maintains adequate strength and durability for the intended application and at the same time reduces greenhouse gas emissions associated with concrete composition. 4.4.20.1.2 Applicability. The requirements of this section shall only be applicable to projects that require a building permit. 4.420.3 Compliance. Compliance with the requirements of this section shall be demonstrated through any of the compliance options in Sections 4.420.3.2 through 4.420.3.5. Table 4.420.3: Cement and Embodied Carbon Limit Pathways Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 4 of 13 23 Cement limits for use with any compliance method 4.420.3.2 through 4.420.3.5 Embodied Carbon limits for use with any compliance method 4.420.3.2 through 4.420.3.5 Minimum specified compressive strength f'c , psi Maximum ordinary Portland cement content, Ibs/yd3 (1) Maximum embodied carbon kg CO2e/m3, per Environmental Product Declaration up to 2500 362 260 2501-3000 410 289 3001-4000 456 313 4001-5000 503 338 5001-6000 531 356 6001-7000 594 394 Greater than 7000 657 433 up to 3000 light weight 512 578 Up to 4000 light weight 571 626 4001-5000 light weight 629 675 Notes (1) Portland cement of any type per ASTM C150. 4.420.3.1 Allowable Increases (1) Approved Cements. The maximum cement content may be increased proportionately above the tabulated value when using an approved cement, or blended cement, demonstrated by approved Environmental Product Declaration to have a plant -specific Environmental Product Declaration lower than 1040 kg CO2e/metric ton. The increase in allowable cement content is: 1040 / plant -specific Environmental Product Declaration %. (2) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon limits shown in Table 4.420.3 can be increased by 30% for concretes demonstrated to the Building Official as requiring high early strength. Such concretes may include but are not limited to, precast or prestressed concrete; beams and slabs above grade; and shotcrete. 4.420.3.2 Cement Limit Method — Mix Cement content of a concrete mix using this method shall not exceed the value shown in Table 4.420.3. Use of this method is limited to concrete with specified compressive strength not exceeding 5,000 psi. Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 5 of 13 24 4.120.3.3. Cement Limit Method — Project Total cement content shall be based on total cement usage of all concrete mix designs within the same project. Total cement content for a project shall not exceed the value calculated according to Equation 4.420.3.3. Equation 4.420.3.3: Z(Cemn)(vn) < Z(Cemiim)(vn) Where, n = the total number of concrete mixtures for the project Cemn = the cement content for mixture n, kg/m3 or lb/yd3 Cemiim = the maximum cement content for mixture n per Table 4.420.3, kg/m3 or Ib/yd3 Vn = the volume of mixture n concrete to be placed, yd3 or m3 Calculations may use yd3 or m3 but must keep the same units throughout. 4.420.3.4 Embodied Carbon Method — Mix Mix embodied carbon of a concrete mix, based on an approved Environmental Product Declaration, shall not exceed the value given in Table 4.420.3. 4.420.3.5 Embodied Carbon Method — Project Total embodied carbon of all concrete mix designs within the same project (EC proj) shall not exceed the project limit (EC allowed) determined using Table 4.420.3 and Equation 4.420.3.5. Equation 4.420.3.5: Z(ECn )(vn) < Z(ECiim )(vn ) Where, n = the total number of concrete mixtures for the project ECn = the embodied carbon content for mixture n, per mixture Environmental Product Declaration, kgCO2e/m3 ECiim = the maximum embodied carbon content for mixture n per Table 4.420.3, kgCO2e/m3 vn = the volume of mixture n concrete to be placed, yd3 or m3 4.420.3.6 Verification and Enforcement Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 6 of 13 25 Prior to the approval of the building permit application involving the placement of concrete, the permit applicant shall submit a completed Low -Carbon Concrete Compliance Form to the Building & Safety Division. If the permit applicant has not secured a concrete supplier at the time the permit application is submitted, the applicant may complete the Low -Carbon Concrete Compliance Form to calculate the maximum allowable cement and embodied carbon and shall certify by signature that they will meet maximum allowable limits at the time of construction. As a condition of such building permits, and prior to approving construction inspections and prior to placement of concrete, the permit applicant shall submit batch certificates and/or Environmental Product Declarations with an updated Low -Carbon Concrete Compliance Form to the Building & Safety Division. The batch certificates and/or Environmental Product Declarations, and the updated Low -Carbon Concrete Compliance Form shall be reviewed for compliance by the Building & Safety Division prior to performing further inspections or pouring concrete. When deviations from compliance with this section occur, the Building Official or their designee, is authorized to require the permit applicant to provide evidence of equivalent carbon reductions from the portions of remaining construction of the project to demonstrate alternative compliance with the intent of this chapter and payment of associated administrative fees. If the permit applicant is unable to provide evidence of equivalent carbon reductions, the Building & Safety Division reserves the right to penalize the permit applicant for the excess embodied carbon used in the project. Excess embodied carbon shall be determined by the amount of embodied carbon content in the project greater than ECiim per Equation 4.420.3.5, in metric tons. The maximum penalty shall be determined as follows: Pm = (ECX)($190) + A Where, Pm = the maximum penalty ($) ECX = the total excess embodied carbon content in the project, in metric tons determined from Equation 4.420.3.5. $190 = penalty per metric ton of excess embodied carbon ($/metric ton) A = Building and Safety Administrative Fee ($), refer to the City's Master Fee Schedule. For projects involving placement of concrete by, or on behalf of, the City of Dublin the City Project Manager for the project, or their designee, shall maintain accurate records of the total volume (in cubic yards) of all concrete placed, as well as the total compliant volume (in cubic yards) of all concrete placed. 4.420.3.7 Exemptions (a) Projects exempt from permits. Projects that do not require a building permit per Chapter 7.28, shall not be subject to the requirements in section 4.420 (b) Projects that do not involve the placement of ready -mix concrete. (c) Asphaltic concrete is not considered as concrete for the purposes of section 4.420 (d) Due to lack of commercial availability of low -carbon concrete options, shotcrete, gunite, and stucco are exempt from embodied carbon requirements. (e) Small projects as approved by the Building Official. Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 7 of 13 26 (f) Hardship or infeasibility exemption. If an applicant for a project subject to section 4.420 believes that circumstances exist that make it a hardship or infeasible to meet the requirements of section 4.420, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility. The applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. Circumstances that constitute hardship or infeasibility may include, but are not limited to the following: (1) There is a lack of commercially available material necessary to comply with section 4.420; (2) The cost of achieving compliance is disproportionate to the overall cost of the project; (3) Compliance with the requirements would impair the historic integrity of buildings listed on a local, state or federal list or register of historic structures as regulated by the California Historic Building Code (Title 24, Part 8). (g) Granting of an exemption. If the Building Official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of section 4.420 and that granting the requested exemption will not cause the building to fail to comply with the California Green Building Standards Code, the Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the Building Official shall consider whether alternate, practical means of achieving the objectives of section 4.420 can be satisfied. If an exemption is granted, the applicant shall be required to comply with section 4.420 in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the Building Official. (h) Denial of exception. If the Building Official determines that it is reasonably possible for the applicant to fully meet the requirements of section 4.420, the request shall be denied, and the applicant shall be notified of the decision in writing within 60 days after receipt of the request for exemption. The project and compliance documentation shall be modified to comply with the standards for compliance. Section 10. ADDITION OF 7.94.120 TO THE DUBLIN MUNICIPAL CODE. Section 7.94.120 is hereby added to the Dublin Municipal Code to read as follows: 7.94.120 Section 5.420, Division 5.4, Chapter 5, Low Carbon Concrete -Added. A new Section 5.420 is added to read: 5.420 Low Carbon Concrete Requirements. 5.420.1 Purpose. The purpose of this section is to provide standards and requirements for the composition of concrete, as defined herein, that maintains adequate strength and durability for the intended application and at the same time reduces greenhouse gas emissions associated with concrete composition. Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 8 of 13 27 5.4.20.1.2 Applicability. The requirements of this section shall only be applicable to projects that require a building permit. 5.420.3 Compliance. Compliance with the requirements of this section shall be demonstrated through any of the compliance options in Sections 5.420.3.2 through 5.420.3.5. Table 5.420.3: Cement and Embodied Carbon Limit Pathways Cement limits for use with any compliance method 5.420.3.2 through 5.420.3.5 Embodied Carbon limits for use with any compliance method 5.420.3.2 through 5.420.3.5 Minimum specified compressive strength f'c , psi Maximum ordinary Portland cement content, Ibs/yd3 (1) Maximum embodied carbon kg CO2e/m3, per Environmental Product Declaration up to 2500 362 260 2501-3000 410 289 3001-4000 456 313 4001-5000 503 338 5001-6000 531 356 6001-7000 594 394 Greater than 7000 657 433 up to 3000 light weight 512 578 Up to 4000 light weight 571 626 4001-5000 light weight 629 675 Notes (1) Portland cement of any type per ASTM C150. 5.420.3.1 Allowable Increases (1) Approved Cements. The maximum cement content may be increased proportionately above the tabulated value when using an approved cement, or blended cement, demonstrated by approved Environmental Product Declaration to have a plant -specific Environmental Product Declaration lower than 1040 kg CO2e/metric ton. The increase in allowable cement content is: 1040 / plant -specific Environmental Product Declaration %. (2) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon limits shown in Table 5.420.3 can be increased by 30% for concretes demonstrated to the Building Official as requiring high early strength. Such concretes may include Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 9 of 13 28 but are not limited to, precast or prestressed concrete; beams and slabs above grade; and shotcrete. 5.420.3.2 Cement Limit Method - Mix Cement content of a concrete mix using this method shall not exceed the value shown in Table 5.420.3. Use of this method is limited to concrete with specified compressive strength not exceeding 5,000 psi. 5.120.3.3. Cement Limit Method - Project Total cement content shall be based on total cement usage of all concrete mix designs within the same project. Total cement content for a project shall not exceed the value calculated according to Equation 5.420.3.3. Equation 5.420.3.3: Z(Cemn)(vn) < Z(Cemiim)(vn) Where, n = the total number of concrete mixtures for the project Cemn = the cement content for mixture n, kg/m3 or lb/yd3 Cemiim = the maximum cement content for mixture n per Table 5.420.3, kg/m3 or lb/yd3 vn = the volume of mixture n concrete to be placed, yd3 or m3 Calculations may use yd3 or m3 but must keep the same units throughout. 5.420.3.4 Embodied Carbon Method - Mix Mix embodied carbon of a concrete mix, based on an approved Environmental Product Declaration, shall not exceed the value given in Table 5.420.3. 5.420.3.5 Embodied Carbon Method - Project Total embodied carbon of all concrete mix designs within the same project (EC proj) shall not exceed the project limit (EC allowed) determined using Table 5.420.3 and Equation 5.420.3.5. Equation 5.420.3.5: Z(ECn )(vn) <- Z(ECiim )(vn ) Where, n = the total number of concrete mixtures for the project ECn = the embodied carbon content for mixture n, per mixture Environmental Product Declaration, kgCO2e/m3 Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 10 of 13 29 ECiim = the maximum embodied carbon content for mixture n per Table 4.420.3, kgCO2e/m3 vn = the volume of mixture n concrete to be placed, yd3 or m3 5.420.3.6 Verification and Enforcement Prior to the approval of the building permit application involving the placement of concrete, the permit applicant shall submit a completed Low -Carbon Concrete Compliance Form to the Building & Safety Division. If the permit applicant has not secured a concrete supplier at the time the permit application is submitted, the applicant may complete the Low -Carbon Concrete Compliance Form to calculate the maximum allowable cement and embodied carbon and shall certify by signature that they will meet maximum allowable limits at the time of construction. As a condition of such building permits, and prior to approving construction inspections and prior to placement of concrete, the permit applicant shall submit batch certificates and/or Environmental Product Declarations with an updated Low -Carbon Concrete Compliance Form to the Building & Safety Division. The batch certificates and/or Environmental Product Declarations, and the updated Low -Carbon Concrete Compliance Form shall be reviewed for compliance by the Building & Safety Division prior to performing further inspections or pouring concrete. When deviations from compliance with this section occur, the Building Official or their designee, is authorized to require the permit applicant to provide evidence of equivalent carbon reductions from the portions of remaining construction of the project to demonstrate alternative compliance with the intent of this chapter and payment of associated administrative fees. If the permit applicant is unable to provide evidence of equivalent carbon reductions, the Building & Safety Division reserves the right to penalize the permit applicant for the excess embodied carbon used in the project. Excess embodied carbon shall be determined by the amount of embodied carbon content in the project greater than ECiim per Equation 4.420.3.5, in metric tons. The maximum penalty shall be determined as follows: Pm = (ECX)($190) + A Where, Pm = the maximum penalty ($) ECX = the total excess embodied carbon content in the project, in metric tons determined from Equation 4.420.3.5. $190 = penalty per metric ton of excess embodied carbon ($/metric ton) A = Building and Safety Administrative Fee ($), refer to the City's Master Fee Schedule. For projects involving placement of concrete by, or on behalf of, the City of Dublin the City Project Manager for the project, or their designee, shall maintain accurate records of the total volume (in cubic yards) of all concrete placed, as well as the total compliant volume (in cubic yards) of all concrete placed. 5.420.3.7 Exemptions Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 11 of 13 30 (a) Projects exempt from permits. Projects that do not require a building permit per Chapter 7.28, shall not be subject to the requirements in section 5.420. (b) Projects that do not involve the placement of ready -mix concrete. (c) Asphaltic concrete is not considered as concrete for the purposes of section 5.420 (d)Due to lack of commercial availability of low -carbon concrete options, shotcrete, gunite, and stucco are exempt from embodied carbon requirements. (e) Small projects as approved by the Building Official. (f) Hardship or infeasibility exemption. If an applicant for a project subject to section 5.420 believes that circumstances exist that make it a hardship or infeasible to meet the requirements of section 5.420, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility. The applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. Circumstances that constitute hardship or infeasibility may include, but are not limited to the following: (1) There is a lack of commercially available material necessary to comply with section 5.420; (2) The cost of achieving compliance is disproportionate to the overall cost of the project; (3) Compliance with the requirements would impair the historic integrity of buildings listed on a local, state, or federal list or register of historic structures as regulated by the California Historic Building Code (Title 24, Part 8). (g) Granting of an exemption. If the Building Official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of section 5.420 and that granting the requested exemption will not cause the building to fail to comply with the California Green Building Standards Code, the Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the Building Official shall consider whether alternate, practical means of achieving the objectives of section 5.420 can be satisfied. If an exemption is granted, the applicant shall be required to comply with section 5.420 in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the Building Official. (h) Denial of exception. If the Building Official determines that it is reasonably possible for the applicant to fully meet the requirements of section 5.420, the request shall be denied, and the applicant shall be notified of the decision in writing within 60 days after receipt of the request for exemption. The project and compliance documentation shall be modified to comply with the standards for compliance. {Signatures on the following page} Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 12 of 13 31 PASSED AND ADOPTED BY the City Council of the City of Dublin on this day of 2024, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 13 of 13 32 Attachment 4 Chapter 7.94 GREEN BUILDING Sections: 7.94.010 Title. 7.94.020 Purpose. 7.94.030 Adoption of the Green Building Code. 7.94.040 Scope. 7.94.050 Section 202, Chapter 2 Definitions — Amended. 7.94.060 Section 4.106.4 Electric vehicle (EV) charging for new construction — Deleted and Replaced. 7.94.070 Sections 4.106.5, 4.106.5.1, and 4.106.5.2 All Electric Buildings — Added. 7.94.080 Section 4.107.1, Division 4.1, Chapter 4, Future access for solar systems -Added. 7.94.085 Section 4.420, Division 4.4, Chapter 4, Low Carbon Concrete - Added. 7.94.090 Sections 5.106.5.3 and 5.106.5.3.1 Electric vehicle (EV) charging. — Deleted and Replaced. 7.94.100 Section 5.106.13, 5.106.13.1 and 5.106.13.2 All electric buildings. — Added. 7.94.110 Section 5.107.1, Division 5.1, Chapter 5, Future access for solar systems -Added. 7.94.120 Section 5.420, Division 5.4, Chapter 5, Low Carbon Concrete - Added. 7.94.010 Title. The green building standards codes adopted by Section 7.94.030 and the provisions of this Chapter shall constitute the Dublin Green Building Code and may be referred to as such. 7.94.020 Purpose. A. To improve public health, safety, and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices in the following categories: 1. Planning and design 2. Energy efficiency 3. Water efficiency and conservation 4. Material conservation and resource efficiency 5. Environmental quality 33 B. The purpose of this Code is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this Code. 7.94.030 Adoption of the Green Building Code. A. The 2022 California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code Section 18901 et. seq. (hereinafter referred to as the "State Code"), and any rules and regulations promulgated pursuant thereto, as referenced in and adopted pursuant to California Health and Safety Code Sections 17922 and 18935, are hereby adopted and incorporated by reference herein. Copies of the adopted codes have been and are now filed in the Office of the Building Official, 100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of California, and the codes are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Dublin. B. Notwithstanding the provisions of Section 7.94.030.A, the State Code is amended as set forth in Sections 7.94.050 through 7.94.120. 7.94.040 Scope. A. The provisions of this Code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure, unless otherwise indicated in this Code, within the City. B. It is not the intent that this Code substitute or be identified as meeting the certification requirements of any green building program. 7.94.050 Section 202, Chapter 2, Definitions — Amended. The following definitions are hereby added to Section 202 of the State Code to read as follows: ALL -ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment within the building or building property lines, and instead uses electric appliances for service. ASPHALTIC CONCRETE. Commonly called asphalt, bituminous asphalt concrete, and bituminous mixture), consists of any composite material composed of mineral aggregate adhered with a binder and commonly used to surface roads and parking lots. Page 2 of 18 34 CALTRANS AUTHORIZED MATERIALS LIST. Cementitious Materials for use in concrete as updated from time to time. This list includes blended cement, Portland cement, fly ash, pozzolan, metakaolin pozzolan, silica fume, and slag materials. CARBON CURE CONCRETE. A technology that introduces recycled CO2 into fresh concrete to reduce its carbon footprint without compromising performance. Once injected, the CO2 undergoes a mineralization process and becomes permanently embedded. COMMERCIAL FOOD HEAT -PROCESSING EQUIPMENT. Equipment used in a food establishment for heat -processing food or utensils and that produces grease vapors, steam, fumes, smoke, or odors that are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code. COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas. CONCRETE. Any approved combination of mineral aggregates bound together into a hardened conglomerate in accordance with the requirements of this code. Concrete as defined in this Chapter does not include asphaltic concrete. CO2. Carbon Dioxide. CO2 INJECTION. The process of injecting CO2 into the cement mixture rather than water for purposes of curing the product. ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code. ENVIRONMENTAL PRODUCT DECLARATION. Present quantified environmental information on the life cycle of a product based on the results of a comprehensive Life Cycle Assessment (LCA) to enable comparisons between products fulfilling the same function. Environmental Product Declarations must conform to International Organization for Standardization 14025 accreditation and European Standard EN 15804, or International Organization for Standardization 21930 accreditation, and have at least a "cradle to grave" scope (which covers product life cycle from resource extraction to the factory). FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these. Page 3 of 18 35 GREENHOUSE GAS (GHG). Any gas that has the property of absorbing infrared radiation (net heat energy) emitted from Earth's surface and reradiating it back to Earth's surface, thus contributing to the greenhouse effect. GHG gasses include carbon dioxide, methane, nitrous oxides, and water vapor. PLAIN CONCRETE. Concrete that contains no steel reinforcement in the form of rods, bars, or mesh or containing not more than two tenths of one percent of reinforcing. READY -MIX CONCRETE. Concrete that is batched for delivery from a central plant instead of being mixed on the job site. Each batch of ready -mixed concrete is tailor-made according to the specifics of the contractor and is delivered to the contractor in a plastic condition, usually in the cylindrical trucks often known as cement mixers. REINFORCED CONCRETE. Concrete in which reinforcing steel in the form of rods, bars, or mesh —is inserted into the concrete to absorb the tensile, shear, and sometimes compressive stresses in a concrete structure. SECONDARY CEMENTITIOUS MATERIALS (SCM'S). Materials that include, but are not limited to, ground granulated blast furnace slag (ggbs), fly ash, metakaolin pozzolan, pozzolan, silica fume, and Belterra clay. UPFRONT EMBODIED CARBON (EMBODIED CARBON). The emissions, including greenhouse gasses, released before the built asset is used. The release of emissions occurs in material extraction, transportation, manufacturing, and installing building materials on site. Upfront embodied carbon also includes operational and end -of -life emissions associated with materials. 7.94.060 Section 4.106.4 Electric vehicle (EV) charging for new construction — Deleted and Replaced. Section 4.106.4 is deleted and replaced with Section A4.106.8 to read: A4.106.8 Electric vehicle (EV) charging for new construction is adopted as mandatory at the Tier 2 level. 7.94.070 Sections 4.106.5, 4.106.5.1, and 4.106.5.2 All Electric Buildings — Added. Sections 4.106.5, 4.106.5.1, and 4.106.5.2 are added to read: 4.106.5 All -electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances. Page 4 of 18 36 4.106.5.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all -electric buildings. Qualifying alteration projects shall be limited to additions or alterations that remove 50 percent or more of the existing exterior walls of a dwelling and additions that increase the square footage of the structure by more than 50 percent. The final determination whether a project meets the definition of a qualifying alteration project shall be made by the Building Official Exception: If the applicant establishes that there is not an all -electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the Building Official may grant a modification. The applicant shall comply with the following and Section 4.106.5.2. Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes. The Building Official shall have the authority to approve alternative materials and methods of construction as per the Dublin Municipal Code, Chapter 7.28. 4.106.5.2 Requirements for combustion equipment. Where combustion equipment is allowed under subsection 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor: 1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no Page 5 of 18 37 obstructions. Appropriately sized conduit may be installed in lieu of conductors; and 2. Labeling of both ends of the unused conductors or conduit shall be with "For Future Electrical Appliance"; and 3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e. "Reserved for Future Electric Range"), and positioned on the opposite end of the panel supply conductor connection; and 4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and 5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment. 7.94.080 Section 4.107.1, Division 4.1, Chapter 4, Future access for solar systems -Added. A new Section 4.107.1 is added to read: 4.107.1 Future Access for Solar Systems. A minimum one -inch (25.4 mm) electrical conduit shall be provided from the electrical service equipment to the solar zone as defined by the California Energy Code, Title 24, Part 6, Section 110.10. Where a solar zone is not required by the California Energy Code, the conduit location shall be subject to approval of the Building Official. Exception: Where solar is installed as part of the original construction and prior to first occupancy. 7.94.085 Section 4.420, Division 4.4, Chapter 4, Low Carbon Concrete - Added. A new Section 4.420 is added to read: 4.420 Low Carbon Concrete Requirements. 4.420.1 Purpose. The purpose of this section is to provide standards and requirements for the composition of concrete, as defined herein, that maintains adequate strength and durability for the intended application and Page 6 of 18 38 at the same time reduces greenhouse gas emissions associated with concrete composition. 4.4.20.1.2 Applicability. The requirements of this section shall only be applicable to projects that require a building permit. 4.420.3 Compliance. Compliance with the requirements of this section shall be demonstrated through any of the compliance options in Sections 4.420.3.2 through 4.420.3.5. Table 4.420.3: Cement and Embodied Carbon Limit Pathways Cement limits Embodied Carbon limits for use with any compliance for use with any compliance method method 4.420.3.2 through 4.420.3.5 4.420.3.2 through 4.420.3.5 Minimum Maximum ordinary Portland Maximum embodied carbon kg specified cement contentjlbs/yd3 (1) CO2e/m3, per Environmental compressive Product Declaration strength f'c , psi up to 2500 362 260 2501-3000 410 289 3001-4000 456 313 4001-5000 503 338 5001-6000 531 356 6001-7000 594 394 Greater than 657 433 7000 up to 3000 light 512 578 weight Up to 4000 light 571 626 weight 4001-5000 light 629 675 weight Notes (1) Portland cement of any type per ASTM C150. 4.420.3.1 Allowable Increases (1) Approved Cements. The maximum cement content may be increased proportionately above the tabulated value when using an approved cement, or blended cement, demonstrated by approved Page 7 of 18 39 Environmental Product Declaration to have a plant -specific Environmental Product Declaration lower than 1040 kg CO2e/metric ton. The increase in allowable cement content is: 1040 / plant -specific Environmental Product Declaration %. (2) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon limits shown in Table 4.420.3 can be increased by 30% for concretes demonstrated to the Building Official as requiring high early strength. Such concretes may include but are not limited to, precast or prestressed concrete; beams and slabs above grade; and shotcrete. 4.420.3.2 Cement Limit Method — Mix Cement content of a concrete mix using this method shall not exceed the value shown in Table 4.420.3. Use of this method is limited to concrete with specified compressive strength not exceeding 5,000 psi. 4.120.3.3. Cement Limit Method — Project Total cement content shall be based on total cement usage of all concrete mix designs within the same project. Total cement content for a project shall not exceed the value calculated according to Equation 4.420.3.3. Equation 4.420.3.3: Z(Cemn)(vn) <_ Z(Cemrm)(vn) Where, n = the total number of concrete mixtures for the project Cemn = the cement content for mixture n, kg/m3 or lb/yd3 Cemiim = the maximum cement content for mixture n per Table 4.420.3, kg/m3 or lb/yd3 vn = the volume of mixture n concrete to be placed, yd3 or m3 Calculations may use yd3 or m3 but must keep the same units throughout. 4.420.3.4 Embodied Carbon Method — Mix Mix embodied carbon of a concrete mix, based on an approved Environmental Product Declaration, shall not exceed the value given in Table 4.420.3. Page 8 of 18 40 4.420.3.5 Embodied Carbon Method - Project Total embodied carbon of all concrete mix designs within the same project (EC prof) shall not exceed the project limit (EC allowed) determined using Table 4.420.3 and Equation 4.420.3.5. Equation 4.420.3.5: Z(ECn )(vn) <- Z(ECiim )(vn ) Where, n = the total number of concrete mixtures for the project ECn = the embodied carbon content for mixture n, per mixture Environmental Product Declaration, kgCO2e/m3 ECiim = the maximum embodied carbon content for mixture n per Table 4.420.3, kgCO2e/m3 vn = the volume of mixture n concrete to be placed, yd3 or m3 4.420.3.6 Verification and Enforcement Prior to the approval of the building permit application involving the placement of concrete, the permit applicant shall submit a completed Low - Carbon Concrete Compliance Form to the Building & Safety Division. If the permit applicant has not secured a concrete supplier at the time the permit application is submitted, the applicant may complete the Low - Carbon Concrete Compliance Form to calculate the maximum allowable cement and embodied carbon and shall certify by signature that they will meet maximum allowable limits at the time of construction. As a condition of such building permits, and prior to approving construction inspections and prior to placement of concrete, the permit applicant shall submit batch certificates and/or Environmental Product Declarations with an updated Low -Carbon Concrete Compliance Form to the Building & Safety Division. The batch certificates and/or Environmental Product Declarations, and the updated Low -Carbon Concrete Compliance Form shall be reviewed for compliance by the Building & Safety Division prior to performing further inspections or pouring concrete. When deviations from compliance with this section occur, the Building Official or their designee, is authorized to require the permit applicant to provide evidence of equivalent carbon reductions from the portions of remaining construction of the project to demonstrate alternative compliance with the intent of this chapter and payment of associated Page 9 of 18 41 administrative fees. If the permit applicant is unable to provide evidence of equivalent carbon reductions, the Building & Safety Division reserves the right to penalize the permit applicant for the excess embodied carbon used in the project. Excess embodied carbon shall be determined by the amount of embodied carbon content in the project greater than ECiim per Equation 4.420.3.5, in metric tons. The maximum penalty shall be determined as follows: Pm = (ECx)($190) + A Where, Pm = the maximum penalty ($) ECx = the total excess embodied carbon content in the project, in metric tons determined from Equation 4.420.3.5. $190 = penalty per metric ton of excess embodied carbon ($/metric tom A = Building and Safety Administrative Fee ($), refer to the City's Master Fee Schedule. For projects involving placement of concrete by, or on behalf of, the City of Dublin the City Project Manager for the project, or their designee, shall maintain accurate records of the total volume (in cubic yards) of all concrete placed, as well as the total compliant volume (in cubic yards) of all concrete placed. 4.420.3.7 Exemptions (a) Projects exempt from permits. Protects that do not require a building permit per Chapter 7.28, shall not be subject to the requirements in section 4.420 (b) Projects that do not involve the placement of ready -mix concrete. (c) Asphaltic concrete is not considered as concrete for the purposes of section 4.420 (d) Due to lack of commercial availability of low -carbon concrete options, shotcrete, qunite, and stucco are exempt from embodied carbon regpirements. (e) Small projects as approved by the Building Official. (f) Hardship or infeasibility exemption. If an applicant for a project subject to section 4.420 believes that circumstances exist that make it a hardship or infeasible to meet the requirements of section 4.420, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility. The applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. Circumstances that constitute hardship or infeasibility may include, but are not limited to the following: Page 10 of 18 42 (1) There is a lack of commercially available material necessary to comply with section 4.420; (2) The cost of achieving compliance is disproportionate to the overall cost of the project; (3) Compliance with the requirements would impair the historic integrity of buildings listed on a local, state or federal list or register of historic structures as regulated by the California Historic Building Code (Title 24, Part 8). (q) Granting of an exemption. If the Building Official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of section 4.420 and that granting the requested exemption will not cause the building to fail to comply with the California Green Building Standards Code, the Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the Building Official shall consider whether alternate, practical means of achieving the objectives of section 4.420 can be satisfied. If an exemption is granted, the applicant shall be required to comply with section 4.420 in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the Building Official. (h) Denial of exception. If the Building Official determines that it is reasonably possible for the applicant to fully meet the requirements of section 4.420, the request shall be denied, and the applicant shall be notified of the decision in writing within 60 days after receipt of the request for exemption. The project and compliance documentation shall be modified to comply with the standards for compliance. 7.94.090 Sections 5.106.5.3 and 5.106.5.3.1 Electric vehicle (EV) charging. — Deleted and Replaced. Sections 5.106.5.3 and 5.106.5.3.1 are deleted and replaced with Section A5.106.5.3 to read: Section A5.106.5.3 Electric vehicle (EV) charging for new construction is adopted as mandatory at the Tier 2 level. 7.94.100 Section 5.106.13, 5.106.13.1 and 5.106.13.2 All electric buildings. — Added. Section 5.106.13, 5.106.13.1 and 5.106.13.5.2 are added to read: 5.106.13 All -electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 5.106.13.1 or 5.106.13.2 so that they do not use combustion equipment or are ready to facilitate future electrification. Page 11 of 18 43 5.106.13.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all -electric buildings. Qualifying alteration projects shall be limited to additions or alterations that remove 50 percent or more of the existing exterior walls of a structure and additions that increase the square footage of the structure by more than 50 percent. Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of qualifying alteration project shall be made by the Building Official. Exceptions: 1. Nonresidential buildings containing kitchens located in a place of public accommodation, as defined in the California Building Code Chapter 2, may apply to the Building Official for a modification to install commercial food heat -processing equipment served by fuel gas. The Building Official may grant the modification, provided the following findings are made: a) The applicant has a business -related need to cook with combustion equipment; and b) The applicant has installed energy efficient equipment based on Energy Star or California Energy Wise qualifications, as available. c) The applicant will comply with Section 5.106.13.2. 2. If the applicant establishes that there is not an all -electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the Building Official may grant a modification. The applicant shall comply with following and Section 5.106.13.2 Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise be used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes. Page 12 of 18 44 The Building Official shall have the authority to approve alternative materials and methods of construction as per the Dublin Municipal Code, Chapter 7.28. 5.106.13.2. Requirements for combustion equipment. Where combustion equipment is allowed under Subsection 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor: 1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and 2. Labeling of both ends of the unused conductors or conduit shall be with "For Future Electrical Appliance"; and 3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e. "Reserved for Future Electric Range"), and positioned on the opposite end of the panel supply conductor connection; and 4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and 5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment. 7.94.110 Section 5.107.1, Division 5.1, Chapter 5, Future access for solar systems -Added. A new Section 5.107.1 is added to read: 5.107.1 Future Access for Solar Systems. Install conduit from the solar zone as defined by the California Energy Code, Title 24, Part 6, Section 110.10 to a location within the building identified as suitable for future installation of a charge controller (regulator) and inverter. Page 13 of 18 45 Exception: Where solar is installed as part of the original construction and prior to first occupancy. 7.94.120 Added. Section 5.420, Division 5.4, Chapter 5, Low Carbon Concrete - A new Section 5.420 is added to read: 5.420 Low Carbon Concrete Requirements. 5.420.1 Purpose. The purpose of this section is to provide standards and requirements for the composition of concrete, as defined herein, that maintains adequate strength and durability for the intended application and at the same time reduces greenhouse gas emissions associated with concrete composition. 5.4.20.1.2 Applicability. The requirements of this section shall only be applicable to projects that require a building permit. 5.420.3 Compliance. Compliance with the requirements of this section shall be demonstrated through any of the compliance options in Sections 5.420.3.2 through 5.420.3.5. Table 5.420.3: Cement and Embodied Carbon Limit Pathways Cement limits Embodied Carbon limits for use with any compliance for use with any compliance method method 5.420.3.2 through 5.420.3.5 5.420.3.2 through 5.420.3.5 Minimum Maximum ordinary Portland Maximum embodied carbon kg specified cement content, Ibs/yd3 (1) CO2e/m3, per Environmental compressive Product Declaration strength f'c , psi up to 2500 362 260 2501-3000 410 289 3001-4000 456 313 4001-5000 503 338 5001-6000 531 356 6001-7000 594 394 Greater than 657 433 7000 up to 3000 light 512 578 weight Page 14 of 18 46 Up to 4000 light 571 626 weight 4001-5000 light 629 675 weight Notes (1) Portland cement of any type per ASTM C150. 5.420.3.1 Allowable Increases (1) Approved Cements. The maximum cement content may be increased proportionately above the tabulated value when using an approved cement, or blended cement, demonstrated by approved Environmental Product Declaration to have a plant -specific Environmental Product Declaration lower than 1040 kg CO2e/metric ton. The increase in allowable cement content is: 1040 / plant -specific Environmental Product Declaration %. (2) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon limits shown in Table 5.420.3 can be increased by 30% for concretes demonstrated to the Building Official as requiring high early strength. Such concretes may include but are not limited to, precast or prestressed concrete. beams and slabs above grade; and shotcrete. 5.420.3.2 Cement Limit Method — Mix Cement content of a concrete mix using this method shall not exceed the value shown in Table 5.420.3. Use of this method is limited to concrete with specified compressive strength not exceeding 5,000 psi. 5.120.3.3. Cement Limit Method — Project Total cement content shall be based on total cement usage of all concrete mix designs within the same project. Total cement content for a project shall not exceed the value calculated according to Equation 5.420.3.3. Equation 5.420.3.3: Z(Cemn)(vn) < Z(Cemiim)(vn) Where, Page 15 of 18 47 n = the total number of concrete mixtures for the project Cemn = the cement content for mixture n, kg/m3 or lb/yd3 Cemiim = the maximum cement content for mixture n per Table 5.420.3, kg/m3 or lb/yd3 vn = the volume of mixture n concrete to be placed, yd3 or m3 Calculations may use yd3 or m3 but must keep the same units throughout. 5.420.3.4 Embodied Carbon Method - Mix Mix embodied carbon of a concrete mix, based on an approved Environmental Product Declaration, shall not exceed the value given in Table 5.420.3. 5.420.3.5 Embodied Carbon Method - Project Total embodied carbon of all concrete mix designs within the same project (EC proj) shall not exceed the project limit (EC allowed) determined using Table 5.420.3 and Equation 5.420.3.5. Equation 5.420.3.5: Z(ECn )(vn) <- Z(ECiim )(vn ) Where, n = the total number of concrete mixtures for the project ECn = the embodied carbon content for mixture n, per mixture Environmental Product Declaration, kgCO2e/m3 ECiim = the maximum embodied carbon content for mixture n per Table 4.420.3, kgCO2e/m3 vn = the volume of mixture n concrete to be placed, yd3 or m3 5.420.3.6 Verification and Enforcement Prior to the approval of the building permit application involving the placement of concrete, the permit applicant shall submit a completed Low - Carbon Concrete Compliance Form to the Building & Safety Division. If the permit applicant has not secured a concrete supplier at the time the permit application is submitted, the applicant may complete the Low - Carbon Concrete Compliance Form to calculate the maximum allowable cement and embodied carbon and shall certify by signature that they will meet maximum allowable limits at the time of construction. Page 16 of 18 48 As a condition of such building permits, and prior to approving construction inspections and prior to placement of concrete, the permit applicant shall submit batch certificates and/or Environmental Product Declarations with an updated Low -Carbon Concrete Compliance Form to the Building & Safety Division. The batch certificates and/or Environmental Product Declarations, and the updated Low -Carbon Concrete Compliance Form shall be reviewed for compliance by the Building & Safety Division prior to performing further inspections or pouring concrete. When deviations from compliance with this section occur, the Building Official or their designee, is authorized to require the permit applicant to provide evidence of equivalent carbon reductions from the portions of remaining construction of the project to demonstrate alternative compliance with the intent of this chapter and payment of associated administrative fees. If the permit applicant is unable to provide evidence of equivalent carbon reductions, the Building & Safety Division reserves the right to penalize the permit applicant for the excess embodied carbon used in the project. Excess embodied carbon shall be determined by the amount of embodied carbon content in the project greater than ECum per Equation 4.420.3.5, in metric tons. The maximum penalty shall be determined as follows: Pm = (EC,($190) + A Where, Pm = the maximum penalty ($) ECX = the total excess embodied carbon content in the project, in metric tons determined from Equation 4.420.3.5. $190 = penalty per metric ton of excess embodied carbon ($/metric ton) A = Building and Safety Administrative Fee ($), refer to the City's Master Fee Schedule. For projects involving placement of concrete by, or on behalf of, the City of Dublin the City Project Manager for the project, or their designee, shall maintain accurate records of the total volume (in cubic yards) of all concrete placed, as well as the total compliant volume (in cubic yards) of all concrete placed. 5.420.3.7 Exemptions (a) Projects exempt from permits. Projects that do not require a building permit per Chapter 7.28, shall not be subject to the requirements in section 5.420. (b) Projects that do not involve the placement of ready -mix concrete. (c) Asphaltic concrete is not considered as concrete for the purposes of section 5.420 Page 17 of 18 49 (d)Due to lack of commercial availability of low -carbon concrete options, shotcrete, gunite, and stucco are exempt from embodied carbon requirements. (e) Small projects as approved by the Building Official. (f) Hardship or infeasibility exemption. If an applicant for a prof ct subject to section 5.420 believes that circumstances exist that make it a hardship or infeasible to meet the requirements of section 5.420, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility. The applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. Circumstances that constitute hardship or infeasibility may include, but are not limited to the following: (1) There is a lack of commercially available material necessary to comply with section 5.420; (2) The cost of achieving compliance is disproportionate to the overall cost of the project; (3) Compliance with the requirements would impair the historic integrity of buildings listed on a local, state, or federal list or register of historic structures as regulated by the California Historic Building Code (Title 24, Part 8). (g) Granting of an exemption. If the Building Official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of section 5.420 and that granting the requested exemption will not cause the building to fail to comply with the California Green Building Standards Code, the Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the BuildincgOfficial shall consider whether alternate, practical means of achieving the objectives of section 5.420 can be satisfied. If an exemption is granted, the applicant shall be required to compl ry with section 5.420 in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the Building Official. (h) Denial of exception. If the Building Official determines that it is reasonably possible for the applicant to fully meet the requirements of section 5.420, the request shall be denied, and the applicant shall be notified of the decision in writing within 60 days after receipt of the request for exemption. The protect and compliance documentation shall be modified to comply with the standards for compliance. Page 18 of 18 50 Adding a Low Carbon Concrete Requirement to the City's Green Building Code September 3, 2024 II DUBLIN CALIFORNIA 51 Climate Action Plan 2030 and Beyond CITY OF DUBLIN CLIMATE ACTION PLAN 2030 AND BEYOND Building Thriving and Resilient Neighborhoods for All Sepeembcr 2030 Five strategies in Climate Action Plan 2030 and Beyond (CAP 2030) I. Renewable and carbon free electricity (CF) 2. Building efficiency and electrification (EE) 3. Sustainable Mobility and Land Use (SM) 4. Materials and Waste Management (MM) 5. Municipal Leadership (ML) Portland Cement Carbon Emissions and LCC Cement F h . Ash • Concrete industry accounts for 8% of global carbon emissions • Greenhouse gas emissions can be reduced by minimizing the amount of cement in concrete by using supplementary cementitious materials (SCMs). • SCMs such as fly ash, slag, and glass pozzolans have been used for years, are locally available and can reduce the cost of producing concrete Low Carbon Concrete Green Building Code • Based on the code adopted by Marin County in 2019. • Applies to all projects that require a building permit and that use ready -mix concrete. • Compliance demonstrated by either: — Using cement limit equation — Using the embodied carbon pathway 54 Impact on Building Permits 2023 Calendar Year (2,903 building permits): • I 1.6% subject to ordinance • 17.2% require further review • 71.2% exempt from requirements 55 Impact on Residential Projects • No Effect: — Work exempt from a Building permit — Water heater and HVAC replacement permits — Electrical permits • Possible Minor Effect: Repair work New swimming pool permits without a concrete deck Retaining walls • Moderate Effect: — New swimming pool with a concrete deck Small additions Accessory structures New landscaping permits with concrete pathways • Full Effect: — New buildings — Accessory dwelling units — Additions Fiscal Impact • Cost to the City associated with implementing the ordinance is estimated to be approximately $85,000 to $140,000 per year. • Funding has been included in the Master Fee Schedule. • Adjustments to Master Fees for cost recovery as we learn more of the impact. Next Steps • If adopted by the City Council, the New Requirements in the Ordinance would become effective January I , 2025. • Education and outreach would be conducted between ordinance adoption and implementation. Staff Recommendation Staff recommends that the City Council take the following actions: I) Adopt the Resolution Approving Findings Regarding the Need for Local Amendments to Provisions in the California Building Standards Code As Adopted by the City (Resolution); and, 2) Introduce the Ordinance Approving Amendments to the Dublin Municipal Code Chapter 7.94 (Green Building Code) to Amend Section 7.94.050 (Definitions) and to Add Section 7.94.085 (Low Carbon Concrete) and Section 7.94.120 (Low Carbon Concrete) (Ordinance).