SC 10-24-2019 Item 2 HandoutsVideo link: “Peninsula Developer Talks About Challenges of
Building in Bay Area,” October 22, 2019:
https://www.youtube.com/watch?v=4KDmPK5aDmI
COUNCIL AGENDA: 10/29/19
city of ffr 2
SAN JOSE
FILE: 19-977
ITEM: 2.10
CITY OF
Memorandum
CAPITAL OF SILICON VALLEY
TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Kerrie Romano w
Rosalynn Hughey
SUBJECT: SEE BELOW DATE: October 8,2019
Approved Date
SUBJECT: ORDINANCE PROHIBITING NATURAL GAS INFRASTRUCTURE IN
DETACHED ACCESSORY DWELLING UNITS, SINGLE-FAMILY, AND
LOW-RISE MULTI-FAMILY NEW CONSTRUCTION AND POLICY FOR
MUNICIPAL BUILDINGS
RECOMMENDATION
(a) Approve an ordinance of the City of San Jose adding a new Chapter 17.845 to Title 17 of
the San Jose Municipal Code to Prohibit Natural Gas Infrastructure in New Single-
Family, Low-Rise Multi-Family Buildings (three stories and under), and Detached
Accessory Dwelling Units.
(b) Adopt a resolution to approve a new Council Policy Number 8-15, entitled, “Natural Gas
Infrastructure in Municipal Buildings.”
OUTCOME
City Council approval of these two actions, an ordinance prohibiting natural gas infrastructure in
new low rise residential construction and a resolution for municipal facilities, will further
community-wide progress on meeting the goals of the following Climate Smart San Jose
strategies:
1. Strategy 1.1: Transition to a renewable energy future
2. Strategy 2.2: Make homes efficient and affordable for our residents
BACKGROUND
These two actions are the next steps in the City of San Jose’s leadership role in addressing
critical environmental challenges. On September 17,22019, City Council approved the “Reach
Code” which requires increased building efficiencies for new construction beyond that which is
required by state law. In taking that action, Council also directed staff to return to Council in
October 2019 with an ordinance prohibiting natural gas infrastructure in new detached accessory
dwelling units, single-family, and low-rise multi-family building (three stories and under)
starting January 1, 2020. Council further directed staff to return to Council with a policy
prohibiting natural gas infrastructure in all new municipal construction, with exceptions allowed
for emergency equipment or micro-grids providing energy resiliency in anticipation of extended
blackouts and de-energization of the grid.
HONORABLE MAYOR AND CITY COUNCIL
October 8, 2019
Subject: Ordinance Prohibiting Natural Gas Infrastructure in Detached Accessory Dwelling Units, Single-
Family, and Low-Rise Multi-Family New Construction and Policy for Municipal Buildings
Page 2
ANALYSIS
The City remains a leader in addressing the environmental crisis, from its approval of Climate
Smart San Jose to the adoption of the Reach Code Ordinance and declaration of a Climate
Emergency last month. The City’s unique local, geological, topographical and climatic
conditions make it particularly vulnerable to the impacts of the changing climate, including risk
of devastation from flood or fire. A rise in temperature increases the risks associated with climate
change and its impact on local conditions. In September 2019, the United Nations Development
Programme and the United Nations Climate Change issued its report, The Heat is On: Taking
Stock of Global Climate Ambition which concludes that the climate crises is more urgent than
previously projected. With global emissions on the rise, local governments play an increasingly
critical role in curbing emissions. Replacing natural gas with near carbon-free electricity in low-
rise residential buildings (three stories and under) and municipal buildings will help the City
meet its Climate Smart goals and help mitigate the impact of climate change on local conditions,
while also setting an example for other cities to follow.
The ordinance prohibiting natural gas infrastructure (i.e. natural gas piping to heat water, space,
food, etc.) in new detached accessory dwelling units, single family, and low-rise multi-family
buildings, excluding low-rise hotels and motels, is expected to have a significant positive impact
on future greenhouse gas (GHG) emissions from the building sector. According the City’s latest
five-year development forecast, San Jose can conservatively expect approximately 350 single
family new residences and 2400 new multi-family residences per year. Since the ordinance
applies to low-rise residential including single family and multi-family buildings of three stories
or less, the projected GHG emissions offset by this ordinance over the estimated 50-year
lifecycle of these buildings is at least 105,000 MT of C02e. However, due to a lack of
disaggregated data available, it is important to note that emissions from multi-family buildings
were not included in this analysis; therefore, GHG emissions offset by the ordinance are
expected to be much greater. Furthermore, the ordinance will help the City of San Jose reach its
Climate Smart goals and transition the building industry toward electrification.
The proposed Council Policy Number 8-15, entitled, “Natural Gas Infrastructure in Municipal
Buildings” (attached) requires all new municipal facilities to be constructed without natural gas
infrastructure such as pipes, meters, appliances and equipment. All new municipal buildings will
be designed and constructed without provisions for gas piping infrastructure that utilize fossil
fuel (e.g. natural gas, propane, heating oil).
As explained in more detail in the Policy, exceptions are contemplated for:
1. Emergency or backup power equipment that is used in the event of power outages.
2. Microgrids that provide energy resiliency in anticipation of extended blackouts or de
energization of the grid.
3. City corporation yards and the Police Substation where vehicle fueling takes place
4. Norman Y. Mineta San Jose International Airport facilities that process, transport or store
aviation and/or vehicle fuel.
5. San Jose - Santa Clara Regional Wastewater Facility which relies on blended
biogas/natural gas to operate.
6. This Policy does not apply to the renovation, retrofit, remodel, or reconfiguration of
existing buildings that already have gas infrastructure.
This policy builds on Council’s previous direction (February 12, 2019, item 3.4, referenced
above). It ensures that new municipal buildings are constructed without natural gas
infrastructure, allowing the City to lead by example in pursuing building electrification.
HONORABLE MAYOR AND CITY COUNCIL
October 8, 2019
Subject: Ordinance Prohibiting Natural Gas Infrastructure in Detached Accessory Dwelling Units, Single-
Family, and Low-Rise Multi-Family New Construction and Policy for Municipal Buildings
Page 3
EVALUATION AND FOLLOW-UP
Staff will return to Council by January 2020 with an analysis as to whether or not the City should
require building electrification for all wood-frame construction up to seven stories. In addition,
staff will track data associated with the compliance of the reach code and report back to Council
in May 2021 and annually thereafter. Staff will provide progress updates to Transportation and
Environment Committee and City Council on Climate Smart San Jose activities on a semi-annual
basis.
PUBLIC OUTREACH
This memorandum will be posted on the City’s website for the October 29, 2019 City Council’s
Agenda website.
COORDINATION
This memorandum has been coordinated with the City’s Attorney’s Office, City Manager’s
Budget Office, Planning, Building & Code Enforcement, San Jose Clean Energy, and Public
Works.
COMMISSION RECOMMENDATION/INPUT
HONORABLE MAYOR AND CITY COUNCIL
October 8,2019
Subject: Ordinance Prohibiting Natural Gas Infrastructure in Detached Accessory Dwelling Units, Single-
Family, and Low-Rise Multi-Family New Construction and Policy for Municipal Buildings
Page 4
There is no commission recommendation/input associated with this action.
FISCAL/POLICY ALIGNMENT
Requiring new construction to be built without natural gas infrastructure and as a policy for new
municipal facilities align with Climate Smart San Jose strategies and the City’s Envision 2040
General Plan approved by City Council.
CEOA
Categorically Exempt, File No. PP19-067, CEQA Guidelines Section 15308, Actions by
Regulatory Agencies for Protection of the Environment.
/s/
ROSALYNN HUGHEY
Director, Planning, Building,
and Code Enforcement
/s/
KERRIE ROMANOW
Director, Environmental Services
For questions, please contact Ken Davies, Deputy Director, at (408) 975-2587.
Attachment: Council Policy Number 8-15, entitled, “Natural Gas Infrastructure in Municipal
Buildings”
ATTACHMENT
City of San Jose, California
DRAFT
COUNCIL POLICY
TITLE NATURAL GAS INFRASTRUCTURE
FOR MUNICIPAL FACILITIES
PAGE
1 of 1
POLICY NUMBER
8-15
EFFECTIVE DATE REVISED DATE
APPROVED BY COUNCIL ACTION
BACKGROUND
In February 2018, the City adopted Climate Smart San Jose which sets aggressive goals around
electric vehicle adoption, solar installation, and zero net energy/carbon buildings. Municipal
construction presents an opportunity for the City to incorporate these goals into its new building
inventory.
PURPOSE
This policy establishes leadership in reducing greenhouse gas emissions and global climate
change by requiring all new municipal facilities to be constructed without natural gas
infrastructure such as pipes, meters, appliances, and equipment. This policy supplements the
City’s existing Green Building Policy 8-13.
POLICY
All new municipal buildings will be designed and constructed without provisions for natural gas
piping infrastructure. Exceptions to this policy are listed below. Project-specific exceptions to
this Policy may be approved by the City Council.
All existing buildings that undergo major renovation, retrofit, or remodel will be evaluated for the
elimination of natural gas infrastructure during the scoping and preliminary design process, with
the goal of eliminating natural gas infrastructure where feasible, as determined by the Director of
Public Works.
Exceptions to this Policy:
• Emergency or backup power equipment that is used in the event of power outages.
• Microgrids that provide energy resiliency in anticipation of extended blackouts or de
energization of the grid.
• City corporation yards and the Police Substation where vehicle fueling takes place
• Norman Y. Mineta San Jose International Airport Central Utilities Plant, commercial
concessions, and facilities that process, transport or store aviation and/or vehicle fuel.
• San Jose - Santa Clara Regional Wastewater Facility which relies on blended
biogas/natural gas to operate.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JOSE ADDING A
NEW CHAPTER 17.845 TO TITLE 17 OF THE SAN JOSE
MUNICIPAL CODE TO PROHIBIT NATURAL GAS
INFRASTRUCTURE IN NEW SINGLE-FAMILY, LOW-RISE
RESIDENTIAL BUILDINGS, AND DETACHED
ACCESSORY DWELLING UNITS
WHEREAS, pursuant to Sections 17922, 17958, 17958.5 and 17958.7 of the California
Health and Safety Code, the City of San José (“City”) may adopt the provisions of the
Green Building Standards Code and Building Efficiency Energy Standards with certain
amendments to those provisions which are reasonably necessary to protect the health,
welfare and safety of the citizens of San José because of local climatic, geological and
topographical conditions; and
WHEREAS, on September 17, 2019, the City Council adopted Resolution No. 79251
declaring a Climate Emergency within the City and the City Council adopts and
incorporates the findings in that Resolution; and
WHEREAS, the City Council hereby makes the following findings with respect to local
geological, topographical and climatic conditions relating to the amendments to the
California Codes for which such findings are required:
A. The San Francisco Bay area region is densely populated and located in an area
of high seismic activities. The City is bounded by the Hayward and San Andreas
faults capable of producing major earthquakes; and
B. Concern for fire-life safety associated with gas appliances and associated piping
located in the ground and in the buildings increases with the risk of explosion or
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fire if there is a structural failure due to a seismic event considering the
increasing number of buildings in the region; and
C. Severe seismic events could disrupt communications, damage gas mains, and
place extreme demands on the limited and widely dispersed resources of the
Fire Department necessary for the life safety needs of the community; and
D. The local geographic, topographic, and climatic conditions pose an increased
hazard in acceleration, spread, magnitude, and severity of potential fires in the
City, and may cause a delayed response from emergency responders, allowing
further growth of the fire; and
E. Over the next century, increasing levels of atmospheric greenhouse gas
concentrates are expected to result in global temperature increases, causing a
variety of local changes, including extreme weather conditions, sea level rise,
more frequent heat waves and extended period of drought. Local geographic,
topographic, and climatic conditions include increased risk of the following:
1. Fires: In addition to the increased risk as a result of earthquakes, the City
is surrounded by hills both within City limits and adjacent to them. The dry
brush and steep terrain are particularly susceptible to wildfires. The City,
through its Fire Department, has designated approximately 54.5 square
miles of the City’s 180 square miles of incorporated area as Wildland
Urban Interface (“WUI”). These areas in in the southwestern and
southeastern areas of the City known as the Almaden Valley and East
Foothills which allows for heightened construction and regulatory
standards to mitigate the spread of wildfires. In addition, wildfires located
outside of the area in 2018 created a blanket of toxic smoke over the City,
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causing the worst air quality on record by the Bay Area Air Quality
Management District for two consecutive weeks; and
2. Landslides: Extreme storms as a result of climate change increases the
chance of rainfall-induced landslide; fire and drought may kill vegetation
on the City’s WUI, increasing runoff and potential for landslide; and
3. Drought: Prolonged period of drought as a result of climate change may
deplete reservoirs and the groundwater basin serving San José; and
4. Flooding: Extreme weather conditions such as sudden, prolonged rainfall
as result of climate change could also result in a spillover from local dams,
including the Anderson Dam, which can result in flooding of local creeks
which run through San José, such as the Coyote Creek, as the City
experienced in 2017; and
5. Sea Level Rise: Sea level rise as a result of climate change will have a
dramatic local impact on the City. The City’s Alviso area borders the
southern end of the San Francisco Bay and is particularly vulnerable to
sea level rise and is at an increased risk of flooding; and
6. Heat: Increased heat as a result of climate change can have a local
impact on the health, safety, and welfare of the City’s population,
especially those without resources to purchase air conditioning, the
elderly, disabled, or those with children; and
F. Failure to address and substantially reduce Greenhouse Gas creates an
increased risk to the health, safety and welfare of the City residents; and the City
Council considers and adopts as findings the analysis contained in Kerrie
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Romanow and Rosalynn Hughey’s Memorandum dated August 21, 2019 and the
staff presentation at the September 17, 2019 City Council meeting; and
G. Amendments to the California Codes have been adopted in the past by the City
Council based on specific findings of local geographic, topographic and climatic
conditions; and the City Council hereby reaffirms such findings and confirms that
the facts on which such findings were based continue to exist; and
H. The provisions of this Ordinance establishing certain more restrictive standards
than the California Codes will better serve to prevent or minimize structural and
environmental damage resulting from local conditions; and
WHEREAS, the City Council hereby makes the following additional findings with
respect to cost effectiveness of any amendments to the California Codes for which
such findings are required:
A. An August 1, 2019 Low Rise Residential Reach Code Cost Effectiveness Study
prepared by Frontier Energy, Inc. and Misti Bruceri & Associates, LLC, funded by
California utility ratepayers and submitted to the California Energy Commission
supports and documents the cost-effectiveness of the Ordinance; and
B. A July 25, 2019 Non-residential New Construction Reach Code Cost
Effectiveness Study prepared by TRC Advanced Energy and Energy Soft,
funded by California utility ratepayers and submitted to the California Energy
Commission further supports and documents the cost-effectiveness of the
Ordinance; and
C. This Ordinance is in alignment with the cost effectiveness studies and therefore
the City Council finds them to be cost-effective; and
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D. None of the provisions of this Ordinance change minimum efficiency standards,
and therefore this Ordinance is not preempted by federal appliance regulations;
and
WHEREAS, this Ordinance was found to be categorically exempt from environmental
review, per the provisions of the California Environmental Quality Act (CEQA) of 1970,
as amended, 14 California Code of Regulations Section 15308, and Title 21 of the
San José Municipal Code, under File Number PP19-067; and
WHEREAS, the City Council of the City of San José is the decision-making body for
this Ordinance; and
WHEREAS, this Council has reviewed, considered, and approves the Statement of
Exemption determination under CEQA prior to taking any approval actions on this
Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
SAN JOSE:
SECTION 1. A new Chapter 17.845 is added to Title 17 of the San José Municipal
Code, to be numbered, entitled, and to read as follows:
CHAPTER 17.845
PROHIBITION OF NATURAL GAS INFRASTRUCTURE IN NEW SINGLE-FAMILY,
LOW-RISE RESIDENTIAL BUILDINGS, AND DETACHED ACCESSORY DWELLING
UNITS
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17.845.010 Applicability
A. The requirements of this Chapter shall apply to the entitlement of or the
processing of development applications for all Newly Constructed Single Family,
Low Rise Residential and Accessory Dwelling Buildings proposed to be located
in whole or in part within the City.
B. The requirements of this Chapter shall not apply to portable propane appliances
for outdoor cooking and heating.
C. This Chapter shall in no way be construed as amending Energy Code
requirements under Title 24 of the California Code of Regulations, Part 6 or Part
1, nor as requiring the use or installation of any specific appliance or system as a
condition of approval.
D. The requirements of this Chapter shall be incorporated into conditions of
approval for applications for permits under San José Municipal Code Titles 17
and 20.
17.845.20 Definitions
A. “Accessory Dwelling Unit” shall mean a detached secondary unit as specified in
San José Municipal Code Section 20.200.325.
B. “Director” shall mean the Director of Planning, Building, Code Enforcement or his
or her designee.
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C. “Low Rise Residential Building” shall mean a building which is three stories or
less with a multifamily or single-family residential occupancy and shall not
include a hotel or motel.
D. “Natural Gas” shall have the same meaning as “Fuel Gas” as defined in
California Plumbing Code and Mechanical Code.
E. “Natural Gas Infrastructure” shall be defined as fuel gas piping, other than
service pipe, in or in connection with a building, structure or within the property
lines of premises, extending from the point of delivery at the meter, service meter
assembly, outlet of the service regulator, service shutoff valve, or final pressure
regulator, whichever is applicable, as specified in the California Mechanical Code
and Plumbing Code.
F. “Newly Constructed” shall be defined as a building where an application for a
building permit was made on or after January 1, 2020 and that has never before
been used or occupied for any purpose.
17.845.030 Prohibited Natural Gas Infrastructure in Newly Constructed Buildings
A. Natural Gas Infrastructure shall be prohibited in Newly Constructed Low Rise
Residential Buildings and Accessory Dwelling Units.
B. Natural Gas Infrastructure shall not be extended to any system or device within a
building for which an equivalent all-electric system or design is available.
C. The requirements of this Section shall be deemed objective planning standards
under Government Code Section 65913.4 and objective development standards
under Government Code Section 65589.5.
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17.845.040 Exception for Attached Accessory Dwelling Units
The requirements of this Chapter shall not apply to attached Accessory Dwelling Units
in existing mixed-fuel buildings.
17.845.050 Hardship Exemption
A. If an applicant for a Newly Constructed Low Rise Residential Building or
Accessory Dwelling Unit believes that circumstances regarding the type of
project or physical site conditions make it a hardship or infeasible to meet the
requirements of this Chapter, or the project meets the City’s adopted
sustainability and environmental policies, then the applicant may request an
exemption or modification from the Director. The burden shall be on the
applicant to demonstrate the grounds for any exemption.
B. In making a determination in response to an application under Subsection A.
above, if the Director determines that the facts offered in support of an
application demonstrate that the purposes of this Chapter will have been
achieved to the maximum extent reasonably allowed by the circumstances,
then the Director may issue a decision requiring compliance with less than the
full extent of the requirements of this Chapter but to the fullest extent
reasonably achievable given the circumstances, provided such requirements
meet or exceed those in San José Municipal Code Chapter 24.12.
C. The Director's decision shall contain a statement of the facts upon which the
decision was based, as well as the reduced compliance level requirements
that must be achieved. The Director's decision shall become a condition of
the development or building permit issued for the project.
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D. The Director's decision shall be mailed or electronically mailed to the
applicant to the address shown on the application.
17.845.060 Director’s Decision
The Director’s decision on a request for an exemption as specified in Section
17.845.050 is final, conclusive, and appealable under the provisions of California
Code of Civil Procedure Section 1094.6.
17.845.070 Annual Review
The City shall review annually the requirements of this ordinance for ongoing
consistency with California Energy Commission regulations under California Code of
Regulations Title 24, Part 6, and the Commission’s code adoption cycle.
SECTION 2. This Ordinance shall become effective on January 1, 2020.
/ / /
/ / /
/ / /
/ / /
/ / /
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PASSED FOR PUBLICATION of title this _____ day of ___________, 2019, by the
following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
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RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE APPROVING A NEW COUNCIL POLICY NO.
8-15 ENTITLED “NATURAL GAS INFRASTRUCTURE
FOR NEW MUNICIPAL FACILITIES”
WHEREAS, the City of San José (“City”) is committed to innovation in environmental
and sustainability leadership; and
WHEREAS, in February 2018, City Council adopted Climate Smart San José which
sets aggressive goals for electrical vehicle adoption, solar installation, and zero net
energy/carbon buildings; and
WHEREAS, in February 2018, the City was awarded the largest environmental grant in
the City’s history through the American Cities Climate Challenge (ACCC) facilitating the
required work to rapidly reduce greenhouse gas (GHG) emissions; and
WHEREAS, on September 17, 2019, the City Council adopted Resolution No. 79251
declaring a Climate Emergency within the City; and
WHEREAS, electrifying buildings supports the goals of Climate Smart San José;
WHEREAS, the City Council desires to establish a new City Council Policy No. 8-15
entitled “Natural Gas Infrastructure for Municipal Facilities” to create consistent
practices for the construction and electrification of future municipal facilities;
WHEREAS, this action is categorically exempt from environmental review, per the
provisions of the California Environmental Quality Act (CEQA) of 1970, as amended, 14
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California Code of Regulations Section 15308, and Title 21 of the San José Municipal
Code, under File Number PP19-067;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SAN JOSE THAT:
A new Council Policy 8-15 entitled “Natural Gas Infrastructure for Municipal Facilities”,
attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby
approved.
ADOPTED this _____ day of ___________, 2019, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
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EXHIBIT “A”
City of San José, California
COUNCIL POLICY
TITLE NATURAL GAS INFRASTRUCTURE
FOR MUNICIPAL FACILITIES
PAGE
1 of 1
POLICY NUMBER
8-15
EFFECTIVE DATE REVISED DATE
APPROVED BY COUNCIL ACTION
BACKGROUND
In February 2018, the City adopted Climate Smart San Jose which sets aggressive goals
around electric vehicle adoption, solar installation, and zero net energy/carbon buildings.
Municipal construction presents an opportunity for the City to incorporate these goals
into its new building inventory.
PURPOSE
This policy establishes leadership in reducing greenhouse gas emissions and global
climate change by requiring all new municipal facilities to be constructed without natural
gas infrastructure such as pipes, meters, appliances, and equipment. This policy
supplements the City’s existing Green Building Policy 8-13.
POLICY
All new municipal buildings will be designed and constructed without provisions for
natural gas piping infrastructure. Exceptions to this policy are listed below. Project-
specific exceptions to this Policy may be approved by the City Council.
All existing buildings that undergo major renovation, retrofit, or remodel will be evaluated
for the elimination of natural gas infrastructure during the scoping and preliminary design
process, with the goal of eliminating natural gas infrastructure where feasible, as
determined by the Director of Public Works.
Exceptions to this Policy:
Emergency or backup power equipment that is used in the event of power
outages.
Microgrids that provide energy resiliency in anticipation of extended blackouts or
de-energization of the grid.
City of San José, California
TITLE "Click HERE to add Title" PAGE
2 of 2
POLICY NUMBER
Exhibit A-2
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City corporation yards and the Police Substation where vehicle fueling takes place
Norman Y. Mineta San Jose International Airport Central Utilities Plant,
commercial concessions, and facilities that process, transport or store aviation
and/or vehicle fuel.
San Jose – Santa Clara Regional Wastewater Facility which relies on blended
biogas/natural gas to operate.