CC 04-15-2025 Oral CommunicationsCC 04-15-2025
Oral
Communications
Written Comments
From:Santosh Rao
To:City Clerk
Subject:Fw: Request to Halt Unapproved Gas-to-Electric Appliance Ordinance Effort
Date:Sunday, April 13, 2025 10:02:03 PM
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[Writing on behalf of myself, as a Cupertino resident, voter and taxpayer.]
Dear City Clerk,
Would you please include in written communications for the upcoming city council meeting.
Dear Mayor Liang Chao, Vice Mayor Kitty Moore, and Cupertino City Council
Members,
I am writing to express my concern regarding a recent social media post from the
City of Cupertino soliciting resident input on a potential ordinance to limit or ban
gas appliances in homes and businesses.
To my knowledge, this initiative was neither discussed during the recent
Community Work Plan (CWP) process nor prioritized or funded by the Council. I
respectfully request that the Council and Mayor direct staff to halt this initiative
immediately. Proceeding with a project that lacks Council approval risks
misallocation of limited staff resources and funding, which could be better
directed toward projects explicitly supported by Council—such as the urban forest
initiative.
Additionally, I would like to remind the Council that the U.S. Court of Appeals
for the Ninth Circuit has already ruled against a similar ordinance passed by the
City of Berkeley, citing federal preemption under the Energy Policy and
Conservation Act. Pursuing a similar path in Cupertino could expose the City to
unnecessary legal challenges.
It is also important to consider the unique demographic needs of Cupertino.
Nearly 70% of our residents are of Asian descent, and gas appliances are essential
for traditional Asian and Indian cooking methods, both in homes and in our
restaurants. Attempts to limit or ban gas usage do not reflect the cultural realities
or culinary practices of a significant portion of our community.
Given that this effort was not approved through the CWP process, I urge the
Council to cancel it immediately and focus on initiatives that reflect Council
direction and community priorities.
Thank you for your attention to this matter and for your continued commitment to
thoughtful governance and cultural inclusivity.
Sincerely,
San Rao (Cupertino resident and voter)
——————————
Court ruling:
California Restaurant Association v. City of Berkeley (2023): On April 17,
2023, the 9th U.S. Circuit Court of Appeals overturned Berkeley's 2019 ordinance
that banned natural gas piping in new construction. The court ruled that the
federal Energy Policy and Conservation Act preempts local regulations that
effectively ban gas appliances.
Sonoma County's Suspension of Natural Gas Ban (2024): Following the 9th
Circuit's decision, Sonoma County suspended its prohibition on natural gas
appliances in new construction in August 2024, acknowledging that federal law
overrides such local bans.
Santa Rosa: In May 2024, Santa Rosa suspended enforcement of its all-electric
code for new residential constructions.
Sunnyvale: In May 2024, Sunnyvale suspended its natural gas ban to avoid
potential litigation, acknowledging that its regulations were structured differently
from Berkeley's.
San Mateo County: In May 2024, San Mateo County paused its efforts to
promote all-electric buildings in response to the legal developments.
San Luis Obispo:
April 18, 2023: The City Council voted unanimously to suspend its natural
gas ban for new construction in response to the appellate court's ruling
against Berkeley's similar ordinance. Cal Coast News
July 18, 2023: The city announced a pause in enforcing its all-electric new
buildings ordinance, allowing permits for mixed-fuel buildings until further
notice.
——————————-
City communications on the project:
“
The City of Cupertino is considering a policy to transition home appliances
and equipment that use natural gas to those that use electricity. This
transition is essential for fighting climate change.
To help inform and guide this draft policy, we invite you to share your
knowledge, experience, and opinions on home electrification. This refers
to using electric appliances and equipment, such as electric panel
upgrades, induction cooktops, heat pump water heaters, and heat pump
air conditioning and heating systems.
What could this policy look like?
The City is carefully considering options for what is best for our
community and is limited on what we can do legally. Here are a few
concepts:
Option 1: (most ambitious) Require homes to meet a whole-house
energy efficiency standard.
Option 2: (somewhat ambitious)Require an “electric-ready” home
(panel upgrade and wiring) and allow for the switch from gas to
electric to happen as appliances need replacing.
Option 3: (least ambitious) Phase in requirements over time, e.g.
require “electric-ready” homes now and a stricter energy efficiency
standard in a few years.
Option 4: (not ambitious) Support the policies and programs created
by state and regional districts and consider local policy at a later
date.
Each of these options comes with some concerns and challenges to
overcome. We need your help planning the best path for Cupertino.
“
https://engagecupertino.org/goelectricsurvey?tool=survey_tool#tool_tab