Code Updates for Climate Change

Motivation

As members of the City of Gladstone Planning Commission, it often comes to our attention that certain parts of our municipal code are outdated. There have been multiple efforts to update various areas of the code over time. This particular effort is to look at what changes might be necessary to accommodate climate change.

Background

Civic Design Standards

In the Planning Commission meeting from 15 August 2017, I presented the “Civic Design Standards” proposal. The idea behind this proposal was for the City of Gladstone to lead by example. Goal 1 of this proposal was focused on reducing the energy footprint of our Civic buildings.

The proposal can be found in the Planning Commission Agenda on the city website.

A copy of it is also located here.

2020 Annual Work Plan

In the Planning Commission meeting from 18 February 2020, I requested that we add Energy Efficiency as a topic to our Annual Work Plan.

The goal here was to revisit whether our current residential siting requirements still make sense with regards to climate change.

17.44.020 (2) currently says:

(a) Concentrate window areas on the south side (within twenty degrees of true south) of buildings where there is good
southern exposure, and provide overhangs, balconies, or other shading devices to prevent excessive summer heat gains;

As many of us have large south-facing windows, we find that we are having to cool our houses more as temperatures rise.

The request to add this to the work plan can be found in the Planning Commission Minutes on the city website.

Investigation

Chair Milch asked that we investigate what other cities or counties are doing to address these matters.

Department of Land Conservation and Development (DLCD)

DLCD maintains a page entitled Land Use Planning and Climate Change.

DLCD addresses mitigation and adaptation of climate change in three areas:

  • Land Use and Transportation
  • Natural Hazards
  • Coastal Management

Their site does list the Climate Action Plan of two of our neighbors:

In addition, there was also a regional Metro Climate Smart Communities.

I contacted the Land Use and Transportation Planner, Cody Meyer identified on the DLCD page and inquired as to the current state of the code changes from the State or Agencies.

Cody forwarded me onto Laura Buhl, Land Use & Transportation Planner with TGM (Transportation & Growth Management).

Laura indicated that the current Oregon Standard building codes are about 2+ years behind the international building codes. She also stated that some of the international codes are focused on green/energy. She suggested I start my search there.

In addition, she directed me to the Sustainable Development Code.

Looking at the SDC website, Chapter 7 is geared towards Energy. Diving into those chapters, they provide example ordinances (from various communities) and model code that can be used to incentivize green energy.

Laura also indicated that Jonathan Rosenbloom of SDC will be hosting an event in October 2020 based on his book: Remarkable Cities and the Fight Against Climate Change: 43 Recommendations to Reduce Greenhouse Gases and the Communities That Adopted Them (Environmental Law Institute)

Laura indicated that TGM would still like to work with Gladstone, if we are interested; but that it should probably wait until after the Housing code changes are done.

The Building Codes Assistance Project

From their site:

The Building Codes Assistance Project (BCAP) was established in 1994 as a joint initiative of the Alliance to Save Energy, the American Council for an Energy-Efficient Economy, and the Natural Resources Defense Council.

BCAP’s goal is to reduce the energy consumed in the construction and operation of buildings by working with national, 
state, and local governments and other international and national stakeholders to promote the adoption, enforcement, 
and compliance of building energy codes and standards. BCAP aspires to be the premier resource for energy code support, 
coordination, technical assistance, news, and information.

While much of their site seems to be a couple years out of date, they do have a page dedicated to Oregon. I have not yet contacted the Oregon representatives listed.

American Council for an Energy-Efficient Economy

One of the parties involved in creating the BCAP was the ACEEE. They maintain a State and Local Policy Database.

While Gladstone was not listed in it, Portland was.

A few key things listed (for Portland):

  • Climate Mitigation Goal
  • Energy Reduction Goal
  • Renewable Energy Goal
  • Fleet Policies and Composition
  • Public Lighting
  • Public Workforce Commuting
  • Equity-driven approaches
  • Mitigation of Urban Heat Islands
  • Solar and EV-ready building codes
  • Incentives and Financing for Efficient Buildings and Renewable Energy
  • Low income programs
  • Car sharing parking code

Executive Orders

Governor Brown has issued a couple executive orders that directly relate to this investigation.

Executive Order No. 17-20

Accelerating Efficiency in Oregon's Built Environment to Reduce Greenhouse Gas Emissions and Address Climate Change

Signed on 6 November 2017, this order establishes timelines for changing the state building codes (residential and commercial).

It also established the Built Environment Efficiency Working Group to carry out the executive order.

The executive order can be found on the state’s website.

A copy of it is also located here.

Timelines (non-exhaustive list):

Date Type Description
Oct 2020 Residential Require new buildings to be solar-ready
Oct 2022 Commercial Require new buildings to be solar-ready
Oct 2022 All Require parking structures for new buildings support at least level 2 EV charger
Oct 2023 Residential Require new buildings to achieve zero-energy ready standard
Oct 2022 Commercial New buildings (on average) exceed international ASHRAE 90.1
Jan 2020 Residential Require high-efficiency water fixtures in new buildings
Oct 2025 Commercial Require high-efficiency water fixtures in new buildings
Built Environment Efficiency Working Group

The Built Environment Efficiency Working Group (BEEWG) is a collaborative of state agencies including:

  • Oregon Department of Energy
  • Department of Administrative Services
  • Building Codes Division
  • Public Utility Commission
  • Oregon Housing & Community Services.

You can view the state of their action items here.

For example, EO Directive 4A:

BCD and Advisory Boards to amend code to require solar readiness requirements and exemptions for residential buildings
  • The due date is 1 October 2020.
  • The current code is here
  • The proposed code changes are here
  • Anticipated effective date is 1 April 2021. (see below)
The division has been working with it's advisory boards to adopt the new codes. Due to the COVID-19 pandemic, 
the division's ability to adopt the next edition of the OESC, ORSC, and OPSC on schedule has been interrupted.

The adoption of the new codes is postponed to April 1, 2021.

Executive Order No. 17-21

Accelerating Zero Emission Vehicle Adoption in Oregon to Reduce Greenhouse Gas Emissions and Address Climate Change

Signed on 6 November 2017.

The executive order can be found on the state’s website.

A copy of it is also located here.

A couple key callouts:

  • The state will begin migrating their Fleet to electric
  • DEQ is directed to conduct rulemaking to encourage Oregonians to purchase or lease electric vehicles
  • PUC is directed to encourage greater electric vehicle adoption in moderate- and low-income communities
  • BCD is directed to update state building code to require that parking structures for all newly constructed residential and commercial buildings support the installation of at least a level 2 EV charger
  • School districts are to consider switching to electric buses
  • ODOE is directed to engage with the utilities to provide assistance on handling the increased energy load

It established the Zero Emission Vehicle Working Group to carry out the executive order.

Zero Emission Vehicle Working Group

The Zero Emission Vehicle Interagency Working Group (ZEVIWG) is a collaborative of state agencies including:

  • Oregon Department of Energy
  • Department of Administrative Services
  • Public Utility Commission
  • Department of Environmental Quality
  • Oregon Department of Transportation.

You can view the state of their action items here.

Executive Order No. 20-04

Directing State Agencies to Take Actions to Reduce and Regulate Greenhouse Gas Emissions

Signed on 10 March 2020.

The executive order can be found on the state’s website.

A copy of it is also located here.

This executive order was directed at:

  • Business Oregon
  • Department of Administative Services (DAS)
  • Department of Consumer and Business Services Building Codes Division (BCD)
  • Department of Land Conservation and Development (DLCD) and Land Conservation and Development Commission (LCDC)
  • Environmental Justice Task Force
  • Environmental Quality Commission (EQC) and Department of Environmental Quality (DEQ)
  • Oregon Department of Agriculture (ODA)
  • Oregon Department of Energy (ODOE)
  • Oregon Department of Fish and Wildlife (ODFW)
  • Oregon Department of Forestry (ODF)
  • Oregon Department of Transportation (ODOT) and Oregon Transportation Commission (OTC)
  • Oregon Global Warming Commission
  • Oregon Health Authority (OHA)
  • Oregon Water Resources Department (OWRD)
  • Oregon Watershed Enhancement Board (OWEB)
  • Public Utility Commission of Oregon (PUC)

The order discusses:

  • Communities that are under-represented and disproportionately affected
  • OHA and OSHA to develop standards for protecting workers from both wildfires and excessive heat
  • Protecting our natural landscapes (forest, wetlands) and agricultural lands
  • Carbon reduction and zero-emission vehicle adoption
  • Fuel economy changes
  • Landfill emission changes
  • Food waste recovery
  • BCD to adopt new building efficiency standards (60% reduction in annual site consumption)
  • ODOE to update efficiency standards for products sold in Oregon
  • DAS to develop statewide policy for rapid migration of Fleet to zero-emission
  • Amendments to Transportation Planning Rule that directs metropolitan planning to meet reduction goals
  • ODOT and DLCD directed to provide financial and technical assistance with metro planning and reduction

Additional Resources

Oregon Climate Change Research Institute

Fourth Oregon Climate Assessment Report

U.S. Climate Resilience Toolkit

Planning and Land Use

U.S. Global Change Research Program (USGCRP)

Land Cover and Land-Use Change - Fourth National Climate Assessment

Summary

Gladstone is behind in addressing how climate change will affect our land use. Some of our neighbors (Mikwaukie and Portland) have developed Climate Action Plans. The State of Oregon (and various agencies) are also actively developing changes that will, in the near term, directly affect us and the land use applications that come before us.

We don’t have a large team, and are not currently meeting in person. There are some code assistance programs available to assist with these kinds of changes.

Perhaps a better short-term plan for the Commission would be:

  • Evaluate the proposed BEEWG code amendments
  • Create our own Climate Action Plan
  • Start to identify areas that would be harder for us to accommodate (like the protection from wildfires mentioned above).
  • The residential BEEWG codes have been delayed until April. Perhaps we could get training on the proposed changes?

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