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HomeMy WebLinkAbout5.6 Ordinance Adding a Low Carbon Concrete Requirement to the City’s Green Building Code in Coordination with the City’s Climate Action Planr DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 5.6 DATE: September 17, 2024 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Ordinance 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 waiving the second reading and adopting the Ordinance amending 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 City Council waived the first reading and introduced the ordinance at the meeting on September 3, 2024. STAFF RECOMMENDATION: Waive the second reading and adopt 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, reflecting staff time to educate applicants on the Ordinance and additional plan check and inspection time commitments. The City will recover the costs via fees adopted in the Master Fee Schedule. Page 1 of 2 1 DESCRIPTION: 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. 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. 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). SCMs include but are not limited to fly ash, slag, and glass pozzolans. On September 3, 2024, the City Council held a public hearing and introduced an Ordinance amending the Dublin Municipal Code Chapter 7.94 (Green Building Code) to require the use of low carbon concrete. The Ordinance would amend Section 7.94.050 (Definitions) and add Section 7.94.085 (Low Carbon Concrete) and Section 7.94.120 (Low Carbon Concrete) (Ordinance). These requirements would be applicable to all projects that require a building permit and that use ready - mix concrete, and this requirement would go into effect on January 1, 2025. The City Council will consider waiving the second reading and adopting the Ordinance (Attachment 1) approving amendments to the DMC Green Building Code. Attachment 2 provides a complete description of the proposed Ordinance. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) 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 7.94.120 (Low Carbon Concrete) 2) September 3, 2024 Staff Report (without attachments) Page 2 of 2 2 Attachment I 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 3 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 4 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 5 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. 4.420.1.2 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. Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 4 of 13 6 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 Tight 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 Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 5 of 13 7 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. 4.420.3.3. 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 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. 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 Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 6 of 13 8 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)($190) + A Where, Pm = the maximum penalty ($) 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 Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 7 of 13 9 (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. (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 Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 8 of 13 10 durability for the intended application and at the same time reduces greenhouse gas emissions associated with concrete composition. 5.420.1.2 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 Tight 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 %. Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 9 of 13 11 (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. 5.420.3.3. 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: > (ECn )(vn) <_ I(ECiim )(vn ) Where, n = the total number of concrete mixtures for the project Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 10 of 13 12 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. 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. Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 11 of 13 13 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 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 14 PASSED AND ADOPTED BY the City Council of the City of Dublin on this 17th day of September 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 15 Attachment 2 II 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 16 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 17 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 18 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 19