06.07.23 EAB PacketCITY OF BOULDER
ENVIRONMENTAL ADVISORY BOARD MEETING AGENDA
DATE: June 7, 2023
TIME: 6 pm
PLACE: Hybrid meeting
1. CALL TO ORDER
2. APPROVAL OF MINUTES
A.The May 3, 2023 Environmental Advisory Board meeting minutes are scheduled
for approval.
3. PUBLIC PARTICIPATION
4. DISCUSSION ITEMS/ CONTINUED DISCUSSION ITEMS
A.Introduction to the 2024 City of Boulder Energy Conservation Code (CoBECC)
Development Project – B. Mueller, E. Stafford, R. Adriaens, J. Hanson & C. Elam
5. OLD BUSINESS/UPDATES
6. MATTERS FROM THE ENVIRONMENTAL ADVISORY BOARD, STAFF,
CITY MANAGER AND CITY ATTORNEY
A.Council Calendar Preview (20 min.) – J. Koehn
7. DEBRIEF MEETING/CALENDAR CHECK
A.The next EAB meeting is scheduled July 5 at 6 PM.
Does the board wish to reschedule for July 12 due to the July 4 holiday?
8. ADJOURNMENT
For more information call (303) 441-3272. Board packets are generally available after 2 pm the
Friday prior to the meeting, online at www.bouldercolorado.gov.
ATTACHMENTS
A.EAB Meeting Guidelines
B.May 3, 2023 Meeting Minutes for Approval
C.Introduction to the 2024 CoBECC Development Project
D. May 30, 2023 CAC Summary
June 7, 2023 Environmental Advisory Board Packet Page 1
Attachment A – EAB Meeting Guidelines
CITY OF BOULDER ENVIRONMENTAL ADVISORY BOARD
MEETING GUIDELINES
CALL TO ORDER
The board must have a quorum (three members present) before the meeting can be called to order.
AGENDA
The board may rearrange the order of the agenda or delete items for good cause. The board may not add items requiring public notice.
PUBLIC PARTICIPATION
The public is welcome to address the board (three minutes* maximum per speaker) during the Public Participation portion of the
meeting regarding any item not scheduled for a public hearing. The only items scheduled for a public hearing are those listed under
the category PUBLIC HEARING ITEMS on the agenda. Any exhibits introduced into the record at this time must be provided in
quantities of eight to the Board Secretary for distribution to the board and admission into the record.
DISCUSSION AND STUDY SESSION ITEMS
Discussion and study session items do not require motions of approval or recommendation.
PUBLIC HEARING ITEMS
A Public Hearing item requires a motion and a vote. The general format for hearing of an action item is as follows:
1.Presentations
•Staff presentation (15 minutes maximum*) Any exhibits introduced into the record at this time must be provided in
quantities of eight to the Board Secretary for distribution to the board and admission into the record.
•Environmental Advisory Board questioning of staff for information only.
2.Public Hearing
Each speaker will be allowed an oral presentation (three minutes maximum*). All speakers wishing to pool their time must
be present, and time allotted will be determined by the Chair. Two minutes will be added to the pooled speaker for each such
speaker’s allotted time up to a maximum of 10 minutes total.
•Time remaining is presented by a green blinking light that means one minute remains, a yellow light means 30 seconds
remain, and a red light and beep means time has expired.
•Speakers should introduce themselves, giving name and address. If officially representing a group, please state that for
the record as well.
•Speakers are requested not to repeat items addressed by previous speakers other than to express points of agreement or
disagreement. Refrain from reading long documents, and summarize comments wherever possible. Long documents
may be submitted and will become a part of the official record.
•Any exhibits introduced into the record at the hearing must be provided in quantities of eight to the Board Secretary for
distribution to the board and admission into the record.
•Interested persons can send a letter to Climate Initiatives staff at PO Box 791, Boulder, CO 80306 and email a copy of
the information to sandineh@bouldercolorado.gov, two weeks before the Environmental Advisory Board meeting, to
be included in the board packet. Correspondence received after this time will be distributed at the board meeting.
3.Board Action
Board motion. Motions may take any number of forms. Motions are generally used to approve (with or without conditions),
deny, or continue agenda item to a later date (generally in order to obtain additional information).
•Board discussion. This is undertaken entirely by members of the board. Members of the public or city staff participate
only if called upon by the Chair.
•Board action (the vote). An affirmative vote of at least three members of the board is required to pass a motion
approving any action.
MATTERS FROM THE ENVIRONMENTAL ADVISORYBOARD, CITY MANAGER, AND CITY ATTORNEY
Any Environmental Advisory Board member, City Manager, or the City Attorney may introduce before the board matters which are
not included in the formal agenda.
ADJOURNMENT
The board's goal is that regular meetings adjourn by 8 p.m. Agenda items will not be commenced after 8 p.m. except by majority vote
of board members present.
*The Chair may lengthen or shorten the time allotted as appropriate. If the allotted time is exceeded, the Chair may request that the speaker conclude
his or her comments.
June 7, 2023 Environmental Advisory Board Packet Page 2
Attachment B – May 3, 2023 Meeting Minutes for Approval
1
CITY OF BOULDER, COLORADO
BOARDS AND COMMISSIONS
MEETING SUMMARY
NAME OF BOARD/COMMISSION: Environmental Advisory Board
DATE OF MEETING: May 3, 2023
NAME/TELEPHONE OF PERSON PREPARING SUMMARY:
Heather Sandine, 303-441-4390
NAMES OF MEMBERS, STAFF AND INVITED GUESTS:
Environmental Advisory Board Members Present: Hernan Villanueva, Amanda
Groziak, Alex Bothwell
Environmental Advisory Board Members Absent: Michael SanClements, Brook
Brockett
City Staff Members Present: Jonathan Koehn, Heather Sandine, Matt Lehrman, Ben Katz-
Moses, Yael Gichon, Antonia-Mia Gallegos
1. CALL TO ORDER
H. Villanueva declared a quorum and called the meeting to order at 6:01 PM.
H. Sandine reviewed the meeting protocols.
2. APPROVAL OF MINUTES
On a motion by H. Villanueva, seconded by A. Bothwell, the Environmental Advisory
Board (EAB) approved the April 12, 2023 meeting minutes as amended.
3. PUBLIC PARTICIPATION
A. Jen Riley, City of Boulder Code Enforcement Supervisor, joined as a public participant
to provide clarification about the change to weeds and trash citations from criminal
penalties to civil penalties.
4. DISCUSSION ITEMS
A. Ebike Rebate Program Update
i. Overview
M. Lehrman provided an update on the city’s e-bike incentive program,
including the number and types of incentives, application process, applicant
selection, voucher use and surveys. Incentives will be for both standard income
and income-qualified community members. Income-qualified recipients will also
receive incentives for safety gear.
Those interested in an e-bike voucher can apply on the city’s website
www.bouldercolorado.gov/projects/e-bike-incentives.
There will be two phases of voucher releases, likely in July and September.
ii. Clarifying Questions and Discussion
A. Bothwell asked about income qualifications and how information will be
shared with the community. She also wanted to know if there is a paper
June 7, 2023 Environmental Advisory Board Packet Page 3
Attachment B – May 3, 2023 Meeting Minutes for Approval
2
application for folks without internet access.
Housing and Human Services sets the rate for median income within Boulder
County. Currently, any individuals under 80% of the median income qualify.
The city is coordinating a comprehensive communication strategy involving city
communications, social media posts, bike shop promotion, and partnerships with
the city’s community connectors and other organizations. Staff intends to work
with community connectors and the library to provide support to accessing the
online application.
The board discussed the survey, desired information, and incentives to
encourage participation.
A. Groziak asked if it is possible to prioritize applicants who indicate on their
application that would use an e-bike to transition from a car.
J. Koehn responded that the application selection is a sweepstakes type draw
instead of first-come-first served. This is something we could consider during
phase two. There could possibly be a different structure to the incentive process.
B. Consumption-Based Accounting
i. Overview
B. Katz-Moses presented on consumption-based accounting, which tracks
production, transportation, usage and disposal and provides a more accurate view
of the impact our projects have.
Key takeaways: Circularity is an essential climate strategy. We have shifted our
approach from solely waste management to a systems change approach around
consumption. We need a better understanding of the activities and behaviors
associated with consumption.
Preliminary results from the city’s consumption-based inventory (CBI) show the
lowest per capita emissions in the city center and higher in suburban
neighborhoods. Density, walkability, vehicle ownership and distance from
destinations impact these results. The report will be completed in spring 2023 and
additional analysis will be conducted over summer.
ii. Clarifying Questions and Discussion
The board asked questions about the types of data that were included in each
category, such as “shelter” and “other housing” and whether students were
included.
B. Katz-Moses clarified as needed and indicated additional information will be
available with the final report. He said that, although we do have some data on
student consumption, we would need to consider maintaining a local data tool to
know more.
The board asked about data collection and the use of the data. A. Bothwell
referenced Senate Bill 217 and wanted to know if staff could determine how
policy and social changes affect consumption and emissions.
B. Katz-Moses answered that one of the limitations of consumption-based
accounting is that tracking behavior, policy and infrastructure changes require a
different kind of analysis. There is not yet pre- and post-pandemic data.
Y. Gichon added that the most recent data is from 2021. Staff can model the
impact different policies may have, but we don’t have a mechanism to collect the
June 7, 2023 Environmental Advisory Board Packet Page 4
Attachment B – May 3, 2023 Meeting Minutes for Approval
3
actual data.
J. Koehn added that the Climate Initiatives department has developed strategies
based on emissions-based inventories. Staff uses the data to drive policy changes
at various levels.
5. OLD BUSINESS/UPDATES
None
6. MATTERS FROM THE ENVIRONMENTAL ADVISORY BOARD, CITY
MANAGER AND CITY ATTORNEY DEBRIEF MEETING
A. Council Calendar Preview
i. Overview
The purpose of this agenda item is to provide the board with information about
upcoming council items that the board may want to gain more information about
and possibly provide input. The proposal is to provide the board with the Council
Agenda Committee (CAC) summary available the week EAB meeting packet is
sent out.
Question for the board: Is this something that the board will find beneficial to
review during each meeting or as an attachment to each packet?
ii. Clarifying Questions & Discussion
The board decided to include the CAC summary in the packet and allocate 20
minutes for related discussion within the agenda.
H. Villanueva would like to discuss Building Energy Codes at the June 7
meeting. He would also like to see the board’s recommendations for council
clearly outlined in memos and see a summary of council discussions if possible.
The board discussed the options for additional meetings as needed and asked what
the process would be if the board did request to provide feedback on an item.
J. Koehn explained that the charter does not limit the board to a certain number
of meetings, but there are requirements for providing notice to the public and
other considerations. Regarding requests to discuss council topics, Climate
Initiatives staff can’t commit other departments’ time, but we can share the
requests and help visibility of the items and help the board prioritize the items.
A. Groziak requested the board speak to council about the Indian Child Welfare
Act. The board recommended she speak to council as a public participant.
7. DEBRIEF MEETING/CALENDAR CHECK
A. The next EAB meeting is scheduled for June 7 at 6 PM.
8. ADJOURNMENT
The Environmental Advisory Board adjourned at 8:06 PM.
Approved:
_____________________________________________________________
Chair Date
June 7, 2023 Environmental Advisory Board Packet Page 5
CITY OF BOULDER
ENVIRONMENTAL ADVISORY BOARD AGENDA ITEM
MEETING DATE: June 7, 2023
AGENDA TITLE: Introduction to the 2024 City of Boulder Energy Conservation
Code (CoBECC) Development Project
PRESENTER(S)
Brad Mueller, Director Planning and Development Services
Edward Stafford, Senior Civil Engineering Manager
Rob Adriaens, Chief Building Official
Josh Hanson, Energy Code Compliance Principal Examiner
Carolyn Elam, Sustainability Senior Manager
EXECUTIVE SUMMARY
The Environmental Advisory Board (EAB) is requested to offer feedback and
recommendations regarding the scope for the development of the 2024 City of Boulder
Energy Conservation Code (CoBECC). The City of Boulder's energy conservation code
was last revised in 2019-2020, and updates are planned on a three-year cycle. The
suggested updates to the code primarily concentrate on enhancing energy performance
criteria, specifically emphasizing electrification, as the community aims to achieve a 70%
reduction in emissions by 2030 and carbon neutrality by 2035. The project update will
also consider revisions to the city’s code roadmap, specifically revising the 2031 goal
from net zero energy to net zero greenhouse gas (GHG) codes. The roadmap update will
also consider targets for embodied carbon reduction.
Proposed areas of focus for the 2024 CoBECC:
•Updated performance targets for both residential and commercial projects.
Attachment C - Introduction to the 2024 CoBECC Development Project
June 7, 2023 Environmental Advisory Board Packet Page 6
• Requiring all-electric for space and water heating for new construction and level
41 alterations with electric ready requirements for other appliances
• Requiring level 3 alterations2 to be electric-ready and encourage all-electric
through relaxed performance targets.
• Requiring 100% offset of natural gas usage through on-site solar for new
construction and level 4 alterations.
• Consideration of the DOE’s Zero Energy Ready Home Program for residential
new construction and an alternative to the ERI path
• Requirements to analyze and reduce embodied carbon for new commercial
construction.
• Compliance with state minimum energy code requirements as required by HB19-
1260.
STAFF RECOMMENDATION
Staff are requesting feedback and recommendations from the EAB on the focus areas
presented for the update to the 2024 City of Boulder Energy Conservation Code.
1. Does the EAB agree on the proposed areas of focus for the 2024 CoBECC?
2. Are there other areas of focus that should be included?
3. Does EAB have recommendations on the community engagement strategies for
this project?
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
• Economic – Updating the 2024 City of Boulder Energy Conservation Code may
result in higher upfront construction costs. This is due to the requirement for more
efficient and superior products to meet the enhanced performance standards.
While upfront construction cost may be higher, investments in energy efficiency
and reducing dependency on natural gas is expected to lead to reduced lifecycle
costs for buildings.
• Environmental – This project represents a crucial advancement towards
achieving a 70% greenhouse gas (GH) emissions reduction by 2030 and carbon
neutrality by 2035. In addition to a focus on operational emissions, efforts are also
focused on reducing embodied carbon associated with new construction materials,
and with deconstruction and construction waste. Additionally, there will be a
continued emphasis on on-site renewable energy sources as the community aims
to transition away from fossil fuels. These measures will not only enhance the
performance of buildings but also create a healthier indoor environment for
occupants. Finally, this code update is expected to more aggressively address the
environmental and health impacts associated with natural gas use.
• Social – One of the objectives of this project is to carefully examine the equity
aspect as the city progresses towards achieving carbon neutrality. These updates
will prioritize the equitable impact on the community, aiming to make energy
1 Level 4 Alteration: An alteration where work exceeds 50% of the building area, mechanical and lighting
systems are substantially replaced, and the alteration meets the criteria of substantial structural alteration,
including fenestration replacement.
2 Level 3 Alteration: An alteration where work exceeds 50% of the building area.
Attachment C - Introduction to the 2024 CoBECC Development Project
June 7, 2023 Environmental Advisory Board Packet Page 7
efficiency and net zero energy (or zero energy ready) accessible to all. The focus
of this code is on improving efficiency, resilience, and sustainability in buildings
and thus improving the well-being of the community as a whole (lower utility
bills, lower maintenance, cleaner air, etc.). Staff will utilize the racial equity
instrument to further evaluate equity impacts and strategies.
OTHER IMPACTS
• City Resources – This project is included in the 2023 work plan for Planning and
Development Services and is also supported by staff in the Climate Initiatives
department. The city is in the process of contracting with a consulting firm to
support analysis and code development. Resources will also be allocated in 2024
to provide training to plan review, inspection and code compliance personnel, and
to develop and publish templates and other resources for the city website.
PUBLIC FEEDBACK
The scope of this project has been informed by past public engagement, as well as
feedback from EAB and City Council during the Site Review Criteria update process.
The project is also informed by peer exchange with other municipalities and aligns with
Boulder County’s Code Cohort adopted roadmap. Staff will be conducting community
engagement based on the strategies prioritized through discussions with the EAB and
Environmental Advisory Board, and through the June 22, 2023, City Council Study
Session.
BACKGROUND
In 2017, the City of Boulder implemented its inaugural independent energy code, known
as the City of Boulder Energy Conservation Code (CoBECC). In July 1, 2020, the first
CoBECC revision, the 2020 City of Boulder Energy Conservation Code (CoBECC), went
into effect. In developing the 2020 CoBECC, the city partnered with expert consultants
and undertook the task of revising the energy code by incorporating elements from the
2018 IECC (International Energy Conservation Code) along with local amendments. The
net result was a local Boulder code that was 20% more stringent than the base 2018
IECC.
The city's current code roadmap outlines a pathway to net zero energy, starting first with
residential and then achieving it across all new construction by 2031. The roadmap is
framed around the approach of imposing the strictest requirements on the largest and/or
most cost-effective projects first, then gradually increasing the requirements for projects
of all sizes with each code update. This approach was established based on the
understanding that larger projects have a greater environmental impact and were also best
positioned to be able to absorb the incremental cost of the higher efficiency requirements.
The net-zero requirement, and more specifically the requirement for on-site solar
generation, was prioritized to mitigate the impact of grid electricity emissions and to
support local resiliency and economic development priorities.
Attachment C - Introduction to the 2024 CoBECC Development Project
June 7, 2023 Environmental Advisory Board Packet Page 8
The city’s experience implementing the CoBECC requirements, as well as recent changes
at the state level, inform the strategies staff are exploring with the 2024 CoBECC update:
• Grid Emissions: Since the roadmap was originally developed, the State has
passed a regulation that requires utilities to reduce their grid electricity emissions
by 80% compared to a 2005 baseline. Utilities, including Xcel Energy, the city’s
electricity provider, are on track to meet or exceed this requirement.
• Construction Market Transformation: During May of 2022, the state of Colorado
passed the Building Energy Codes law (HB22-1362 Building Greenhouse Gas
Emissions) which requires jurisdictions throughout Colorado to adopt an energy
code that is equal to or more stringent than the 2021 IECC, along with state-
prescribed electric- and solar-ready requirements during the next code cycle
update or by July 1, 2026 whichever is first. This represents a significant
acceleration of construction market transformation in the push for net zero energy
and carbon neutrality.
• Barriers to On-Site Solar: Lot orientations and neighboring structures can present
challenges for achieving net zero energy solely through on-site solar, even with
highly efficient homes. This will prove especially challenging for high-density
housing, redevelopment of smaller lots and smaller in-fill projects. While the city
permits compliance through off-site options, this introduces administrative
complexities and may not align with the city's objective of actually reducing
greenhouse gas emissions and fostering community resilience, which underpin the
net zero energy requirements.
• Equity: While the intention of setting more stringent requirements for larger
buildings was to address energy usage, the unintended outcome is that residents of
the largest and most affluent homes enjoy the lowest utility bills, while those
residing in smaller, low-to-moderate income homes are left exposed to escalating
and volatile energy costs. Rather than setting less stringent requirements for
smaller homes or commercial projects, there is opportunity to leverage federal,
state and local investment to advance equity priorities without sacrificing building
performance.
Taking into account these factors, staff will be considering a revision to the city’s code
roadmap. In particular, staff proposes to transition from a net zero energy focus to a net
zero GHG focus that considers grid emissions reductions when imposing requirements on
projects. The updated roadmap would also have increased emphasis on embodied carbon
reductions targeting strategies that can reduce embodied carbon by as much as 40% as
compared to a 2018 baseline.
Residential Energy
With the 2017 CoBECC, the city began requiring new residential buildings 5,000 square
feet and larger to be constructed as net zero energy, meaning that on-site solar would
produce as much energy as the home consumed on an annual basis. Under the 2017
CoBECC, approximately half of the total new home square footage was constructed to be
Attachment C - Introduction to the 2024 CoBECC Development Project
June 7, 2023 Environmental Advisory Board Packet Page 9
net zero energy. With the 2020 CoBECC, the net-zero energy threshold was lowered to
3,000 square feet; 3,000 square feet represents the majority of all residential (single
family and townhomes) construction in Boulder, with the exception of accessory
dwelling units (ADUs) and some permanently affordable housing. Among those homes
that were mandated to be net zero energy, about half have been built as all-electric
residences. In cases where natural gas infrastructure is present, electricity serves as the
main source for space and water heating.
As depicted in Figure 1, compliance with residential energy codes is determined by the
size of the project. For new homes larger than 500 square feet, additions greater than
1,000 square feet, and level 3 or 4 alterations, the Energy Rating Index (ERI) pathway is
mandatory for compliance, with ERI score requirements ranging from 50 down to 0
depending on the home's size.3 Additions greater than 1,000 square feet and level 3
alterations must have an ERI score no greater than 50 OR demonstrate a 30% reduction
in the existing building’s ERI. Level 4 alterations are required to be modeled as new
construction, with a 10% allowance above the required ERI target. The 10% allowance is
intended to incentivize preservation of the original structure and the embodied carbon
contained within it. Homes equal to or less than 500 square feet, additions equal to or less
than 1,000 square feet, and level 1 and 2 alterations have the option to follow either the
ERI (total performance outcome) or a prescriptive (defined percent better than code
minimum) pathway.
3 The Energy Rating Index (ERI) utilizes an established national standard to measure home performance
against a baseline code, where a score of 100 is equivalent to the 2006 IECC and a score of 0 represents net
zero energy use on an annual basis.
Attachment C - Introduction to the 2024 CoBECC Development Project
June 7, 2023 Environmental Advisory Board Packet Page 10
Figure 1 - Residential Energy Code Compliance Path Flow Chart
Commercial Energy
Similar to the residential sector, the city has adopted an approach for commercial
buildings that establishes performance requirements surpassing the most recent national
standards. This ensures the city's commitment to being at the forefront of energy
conservation efforts, while considering the cost implications for new construction and
significant renovations. With the implementation of the 2020 City of Boulder Energy
Conservation Code as of July 1, 2020, the City became one of the pioneers in adopting an
Energy Use Index (EUI) compliance approach.4 The EUI pathway, which is now part of
the national code, provides designers with greater flexibility for achieving the
performance outcomes, while still preserving critical backstops at design. Under the 2020
CoBECC, new commercial construction projects are mandated to achieve an annual
operating energy cost that is 25% lower than the 2016 American Society of Heating,
Refrigeration, and Air Conditioning Engineers (ASHRAE) 90.1 standard while for major
renovations a 10% allowance above the permitted operating expense is allowed.
In addition to prescribed energy performance, new commercial buildings must offset at
least 5% of the annual energy use through on-site solar.
Electric Vehicle (EV) Infrastructure
In addition to mitigating the operational emissions impacts of buildings, CoBECC also
advances the community’s goals for mitigating transportation-related emissions by
supporting electric vehicle (EV) adoption. All new residential and commercial projects
must install EV infrastructure as outlined in Table 1, where EV-Ready means there is a
fully wired, dedicated circuit terminated at an outlet or junction box, and EV-Capable
means there is space in the electric panel and conduit installed to allow a circuit to be
added in the future.
4 Energy Use Index (EUI) is measured as total energy use per square foot of gross floor space.
Attachment C - Introduction to the 2024 CoBECC Development ProjectAttachment C - Introduction to the 2024 CoBECC Development Project
June 7, 2023 Environmental Advisory Board Packet Page 11
Table 1 – Electric Vehicle (EV) Infrastructure Requirements
Building Type Number of EV-
Ready Spaces
Number of EV-
Capable Spaces
Number of Spaces
Served by Installed
EV Charging
Equipment
Residential single-
family and
townhomes
1 0 0
R-2 Occupancies*
with 1-25 total
parking spaces
1 0 0
R-2 Occupancies*
with >25 parking
spaces
10% of spaces 40% of remaining
spaces
5% of spaces
(minimum 1 dual
port charging
station)
Commercial with 1
parking space
1 0 0
Commercial with 2-
25 parking spaces
1 1 0
Commercial with
>25 parking spaces
10% of spaces 10% of remaining
spaces
5% of spaces
(minimum 1 dual
port charging
station)
*R-2 Occupancies are defined in the International Building Code and include multifamily housing, non-
transient congregate living facilities, hotels and live/work motels, and vacation timeshare properties
ANALYSIS
The following summarizes staff’s analysis of the primary areas of focus for the 2024
CoBECC update.
Natural Gas
Natural gas combustion appliances in buildings significantly contribute to GHG
emissions, urban air pollution and poor indoor air quality. As seen particularly this past
year, the reliance on natural gas appliances also leaves building occupants vulnerable to
Attachment C - Introduction to the 2024 CoBECC Development Project
June 7, 2023 Environmental Advisory Board Packet Page 12
volatile fuel costs as well as unforeseen health problems. Achieving carbon and urban air
quality goals, as well as mitigating future energy cost burdens, necessitates the
elimination of natural gas use, at least in any application for which there is a technically
viable and economically feasible electric alternative.
The current CoBECC has several embedded strategies to reduce GHG emissions and air
pollution through attractive standards for all-electric or largely electric construction
compliance options. For example, residential mixed-fuel buildings and commercial
mixed-fuel buildings have more stringent requirements than all-electric buildings.
Despite these incentives aimed to promote electrification and reduce GHG emissions,
projects continue to incorporate natural gas combustion systems. With the 2024 update,
staff expects to propose one or more strategies to further incentivize reduction or
elimination of natural gas use.
One strategy that some jurisdictions have employed is to prohibit natural gas
infrastructure within a new building and on a new building’s property (past the gas
meter). This strategy was first implemented by Berkeley, California (the Berkeley
Ordinance). The Berkeley Ordinance was not part of Berkeley’s building and energy
code, but part of Title 12 of Berkeley’s Municipal Code which concerns Health and
Safety and adopted in reliance on Berkeley’s general police power. The Ordinance stated
that it attempts to address the global impacts caused by the combustion of natural gas.
The Berkley ordinance was challenged by the California Restaurant Association (CRA).
CRA alleged that Berkeley’s ordinance was preempted by federal law, in particular the
Energy Policy and Conservation Act (EPCA). EPCA establishes energy efficiency
standards for certain consumer and commercial appliances and expressly preempts state
and local regulations “concerning the energy efficiency” and “energy use” of the products
for which energy conservation standards are established pursuant to EPCA. The
ordinance was initially upheld at the federal district court level where the court found that
Berkeley’s ordinance was not preempted as it regulates natural gas piping and does not
directly regulate the energy use or energy efficiency of appliances covered by EPCA. On
appeal, the 9th Circuit Court of Appeals disagreed and held that EPCA preempts the
Berkeley Ordinance finding that EPCA’s preemption encompasses an ordinance that
effectively eliminates the “use” of an energy source. The court stated “EPCA
preemption extends to regulations that address the products themselves and the on-site
infrastructure for their use of natural gas. The 9th Circuit Court of Appeals decision was
issued on April 17, 2023. The City of Berkeley could petition the U.S. Supreme Court to
hear its case, which would have to be submitted within 90 days of the court of appeals
final judgment.
Other jurisdictions, such as Crested Butte and Denver have adopted all-electric
construction requirements, with exceptions for certain applications, such as commercial
kitchens. Public feedback engagement conducted by both municipalities suggested less
resistance to all-electric requirements limited to space and water heating. Staff is not
aware of any legal challenge of a local all-electric construction requirement. However,
such a requirement as it relates to products covered by EPCA could also be challenged as
preempted by EPCA. In the 9th Circuit Court of Appeals decision on the Berkeley
Attachment C - Introduction to the 2024 CoBECC Development Project
June 7, 2023 Environmental Advisory Board Packet Page 13
Ordinance the judge wrote that “EPCA no doubt preempts an ordinance that directly
prohibits the use of covered natural gas appliances in new buildings.” Based on that
decision, a significant risk of litigation and finding of preemption also exists with this
approach.
At a minimum, the 2024 CoBECC will need to meet state minimum requirements,5which
mandate electric-ready in new construction. Electric ready refers to construction having
adequate electrical service, breakers, wiring and outlets to easily be converted to electric
from natural gas. Staff expects to propose extending these requirements to Level 4
alterations and potentially to Level 3 alterations, as well. Staff also is exploring to further
incentivize all-electric design options.
GHG Offset vs. Net-Zero Energy
Even buildings built to the highest level of efficiency possible may not be able to achieve
net zero energy with on-site resources alone. Lot orientations and adjacent structures can
limit solar access. Multi-story commercial buildings and high-density multi-family
housing may not have adequate roof or ground space available to them. While off-site
solutions, such as solar gardens, can be an option, given the rapidly increasing share of
renewables on the grid and the state’s grid-emissions reduction trajectory, the cost and
administrative complexity of utilizing off-site solutions likely far exceeds the incremental
benefits. For this reason, staff is considering shifting from a net-zero energy strategy to
instead focus on future GHG emissions. Specifically, staff is considering preserving the
current minimum percent of energy use that must be supplied by on-site solar, but then
require that any new mixed fuel building offset 100% of their natural gas use with on-site
renewables. Under the proposed provision, off-site renewables would not be allowed to
serve as an offset. Extending this same requirement to Level 4 alterations is also a
consideration.
Updated Performance Targets
Consistent with the city’s policy of adopting energy conservation codes that are more
stringent than the national baseline code, the 2024 CoBECC will build upon the current
code while incorporating elements of the 2021 and potentially the 2024 IECC, and adding
a target of 15-25% greater energy efficiency than the 2021 IECC.
Outcome Verified Performance
While modeled building performance continues to evolve and be refined, post-occupancy
energy use can often be far different than was predicted. Outcome-verified code
compliance is an emerging strategy and one the city sought to pilot through the 2020
5 The Colorado General Assembly passed the Building Energy Codes law (HB22 -1362 Building
Greenhouse Gas Emissions) in May of 2022 . The law requires that cities and counties with building codes
must adopt at least the 2021 International Energy Conservation Code (IECC) when they update other
building codes between July 1, 2023 and July 1, 2026. This adoption must include the electric and solar
ready provisions in the model electric ready and solar ready code, which are set to be published by June 1,
2023.
Attachment C - Introduction to the 2024 CoBECC Development Project
June 7, 2023 Environmental Advisory Board Packet Page 14
CoBECC. Unfortunately, no projects elected to pursue the pilot option, and, therefore, the
methodology for implementing outcome verified code compliance is not yet established.
Staff is considering a proposal for this code update to require outcome verified
performance for one or more commercial building types. Since 2016, new commercial
buildings over 10,000 square feet have been required to annually report their energy use,
beginning after their first full year of occupancy. Staff will analyze this data and will
propose one or more commercial building types to become subject to verified
performance.
Embodied Carbon
In addition to regulating operational energy use through building codes, jurisdictions
have begun tackling embodied carbon. Currently, CoBECC sets requirements for
deconstruction and construction waste minimization. Based on Board and Council
feedback during the Site Review Criteria update process, this project will develop new
requirements for larger construction projects to target embodied carbon in construction
materials. This may include requirements for low carbon concrete and other strategies to
lower embodied carbon. Requirements for projects to conduct a full carbon accounting
and demonstrate steps that are being taken to reduce embodied carbon may also be
proposed in this code update.
DOE Zero Energy Ready Home Program Alternative
Since 2013, the Department of Energy’s (DOE) Zero Energy Ready Home (ZERH)
program has been setting the highest Federal standards for the U.S. Housing industry to
pursue. With over 12,000 homes certified across the country, they are often seen to be 40-
50% more efficient than a typical new home. The program requires compliance with the
ENERGY STAR® program as well as the EPA’s Indoor airPLUS to achieve
certification.
Currently CoBECC sets performance targets based on the size of the home with homes
3,000 square feet and larger to have a maximum Energy Rating Index (ERI) of zero or
less; and homes less than 3,000 square feet having a required ERI determined by the
home size with smaller homes having more relaxed targets, up to an ERI of 50. Staff is
proposing that this code update analyze ZERH program as an alternative pathway for
code compliance. This alternative would be available to all homes with the requirement
that those 3,000sqft and larger still need to be net zero. An added benefit of the ZERH is
that some utilities, including Xcel, as well as the federal government, provide tax credits
or other incentives to help offset the cost of the implementing ZERH, which helps
homeowners take the next step from solar ready to solar active.
NEXT STEPS
Attachment C - Introduction to the 2024 CoBECC Development Project
June 7, 2023 Environmental Advisory Board Packet Page 15
•Meeting scheduled with the Environmental Advisory Board on June 7, 2023, to
gather feedback and recommendations, similar to the request made to the EAB.
•City Council Study Session on June 22, 2023.
•Conduct engagement with designers, developers and the community and
incorporate feedback into the analysis and draft code package.
•Return to Planning Board and EAB with draft code package for further input,
refinement and/or concurrence, as applicable.
•Initial public reading targeted for early November, followed by subsequent
readings as required with goal of an effective code date of not later than March 1,
2024
The purpose of this agenda item is to solicit feedback and recommendations from the
EAB as we embark on the process of reviewing and updating the existing City of Boulder
Energy Conservation Code. Staff will use this feedback to finalize the scope of the
project and in the development of the proposed 2024 CoBECC
ATTACHMENT(S)
1.Attachment A Commercial Energy Code Road Map
http://lfprod/WebLink/DocView.aspx?id=14131373&(page 29)
2.Attachment B Residential Energy Code Road Map
http://lfprod/WebLink/DocView.aspx?id=14131373&(page 53)
Attachment C - Introduction to the 2024 CoBECC Development Project
June 7, 2023 Environmental Advisory Board Packet Page 16
Study Session Rotation: Benjamin, Folkerts, Friend, Joseph, Speer, Wallach, Winer, Yates
(Order subject to change based on Council Member availability) 1
COUNCIL AGENDA COMMITTEE – SUMMARY
Monday, May 30, 2023
Via Zoom Webinar
Note: Highlighted items are items added or amended since the last CAC meeting.
Rotation #4 – Brockett, Wallach, & Friend
CAC convened at 9:00 a.m.
1.Scheduling Items and Reminders
•Does CAC wish to schedule an item for a future meeting under the Consent Agenda to
provide the City Attorney authority to appoint Special Counsel to investigate and, if
necessary, prosecute a complaint filed related to an alleged code of conduct violation
filed pursuant to § 2-7-10(c), Boulder Revised Code, 1981? - Yes, scheduled as Item 3J
at the June 15th Regular Meeting.
2.Final Agenda Review
June 1, 2023 Regular Meeting – 6 p.m.
Preliminary materials due Thursday, May 18 at noon
Final materials due Wednesday, May 24 at noon
Mayor Pro Tem Wallach may be absent or present virtually.
1.CALL TO ORDER AND ROLL CALL
A.Pride Month Declaration to be presented by Council Member Speer 5 min
B.National Gun Violence Awareness Day Declaration presented by
Council Member Friend
5 min
C.The Sink’s 100th anniversary Declaration presented by Mayor Brockett 5 min
2.OPEN COMMENT 60 min
3.CONSENT AGENDA
A.Consideration of a motion to accept the April 6, 2023 Regular Council
Meeting Minutes
B.Consideration of a motion to accept the April 20, 2023 Regular Meeting
Minutes
C.Consideration of a motion to accept the April 27, 2023 Study Session
Summary regarding Policy Discussion Related to Gas-Powered
Landscaping Equipment
D.Introduction, first reading and consideration of a motion to order
published by title only Ordinance 8579 amending Title 9, “Land Use
Code,” B.R.C. 1981, by granting exemptions to the city’s land use code
standards for properties located at 2050 Mesa Drive and 2049 Bluff
Street to allow development of 2050 Mesa Drive with a detached
single-family dwelling unit; and setting forth related details. This
ordinance is proposed in order to settle a lawsuit between the property
owner of 2050 Mesa Drive and the city
Attachment D - May 30, 2023 CAC Summary
June 7, 2023 Environmental Advisory Board Packet Page 17
2
E.Introduction, first reading and consideration of a motion to order
published by title only Ordinance 8577 rezoning approximately 1.01
acres of land located at 5405 Spine Road and adjacent rights-of-way
from the Industrial - General (IG) to the Business - Community 2 (BC-2)
zoning district as described in Chapter 9-5, “Modular Zone Systems,”
B.R.C. 1981, and setting forth related details. (Case no. LUR2022-
00057)
F.Consideration of a motion to adjourn as the Boulder City Council and
convene as the Boulder Junction Access Commission General
Improvement District - Travel Demand Management Board of Directors
Consideration of a motion to adopt Resolution XX approving
supplemental appropriation to the 2023 Boulder Junction Access
Commission General Improvement District - Travel Demand
Management Fund Budget
Consideration of a motion to adjourn from the Boulder Junction Access
Commission General Improvement District - Travel Demand
Management Board of Directors and convene as the Boulder Junction
Access Commission General Improvement District - Parking Board of
Directors
G.Consideration of a motion to adopt Resolution XX approving
supplemental appropriation to the 2023 Boulder Junction Access
Commission General Improvement District - Parking Fund Budget.
Consideration of a motion to adjourn from the Boulder Junction Access
Commission General Improvement District - Parking Board of Directors
and convene as Boulder City Council.
4.CALL-UP CHECK-IN
A.Call-up consideration of a Review and Comment on the proposed
site development plan for New Vista High School proposing to
replace the existing school building at 700 20th St. with a new
approximately 74,000 square-foot two -story high school, new sports
field, an enlarged parking lot, and updated access. Reviewed under
case no. LUR2023-00017
15 min
5.PUBLIC HEARINGS
A.Second Reading and consideration of motion to adopt the
following ordinances that would amend the Boulder Revised Code
(BRC) to allow e-biking on certain open space trails.
Staff recommended ordinance:
1.Second reading and consideration of a motion to adopt
Ordinance 8575 to Allow Electric Assisted Bicycles on Certain
Recreational Paths or Trails on Open Space Land by Amending
Definitions in Sections 1-2-1 and 7-1-1; Repealing Section 7-5-25,
“No Electric Assisted Bicycles on Open Space;” Amending Section
120 min –
20 min staff
presentation /
100 min Public
Hearing &
Council
discussion
Attachment D - May 30, 2023 CAC Summary
June 7, 2023 Environmental Advisory Board Packet Page 18
3
8-3-6,“Vehicle Regulation”; and adding a new Section 8-8-12,
“Electric Assisted Bicycles on Open Space,” B.R.C. 1981; and
setting forth related details.
OR
OSBT recommended ordinance:
A member(s) of the OSBT will be present to provide Council with a
presentation and answer questions.
2.Second reading and consideration of a motion to adopt
Ordinance 8576 to Allow Electric Assisted Bicycles on Certain
Recreational Paths or Trails on Open Space Land by Amending
Definitions in Sections 1-2-1 and 7 -1-1; Amending Sections 7-5-25,
“No Electric Assisted Bicycles on Open Space,” and 8-3-6, “Vehicle
Regulation,” B.R.C. 1981; and setting forth related details.
B.Second reading and consideration of a motion to adopt Ordinance
8574 approving annual supplemental appropriations to the 2023
Budget; and setting forth related details
40 min –
10 min staff
presentation /
30 min Public
Hearing &
Council
discussion
6.MATTERS FROM THE CITY MANAGER
7.MATTERS FROM THE CITY ATTORNEY
8.MATTERS FROM THE MAYOR AND MEMBERS OF COUNCIL
9.DISCUSSION ITEMS
10.DEBRIEF
11.ADJOURNMENT
4:10 hrs
3.Preliminary Agenda Review
June 8, 2023 Study Session – (Est. time 2:45 2:30 hrs) – Facilitated by Council
Member Speer - 6 p.m.
Final materials due Thursday, May 25 at noon
1.Boulder Junction Phase 2 Update 90 min –
30 min staff
presentation/
60 min council
discussion
2.Community, Culture, Resilience, and Safety Tax (CCRS)
Non-Profit Support Program: Grant Criteria Review
60 min –
15 min staff
presentation/
45 min Council
discussion
Attachment D - May 30, 2023 CAC Summary
June 7, 2023 Environmental Advisory Board Packet Page 19
4
3.MOVED from June 15th Regular Meeting: Discussion on
proposed rules regarding council participation at Board
and Commission meetings
15 min
2:45 hrs
2:30 hrs
4.Future Meeting Look Ahead
June 15, 2023 Regular Meeting - 6 p.m.
Preliminary materials due Thursday, June 1 at noon
Final materials due Wednesday, June 7 at noon
Mayor Pro Tem Wallach may be absent or present virtually.
1.CALL TO ORDER AND ROLL CALL
A.Immigrant Heritage Month Declaration presented by Mayor Pro Tem
Wallach
5 min
B.Juneteenth Declaration presented by Council Member Joseph 5 min
2.OPEN COMMENT 60 min
3.CONSENT AGENDA
A.Consideration of a motion to accept the May 11, 2023 Study Session
Summary regarding Potential Ballot Measures
B.Consideration of a motion to accept the May 11, 2023 Study Session
Summary regarding the Financial Update for City of Boulder
C.Consideration of a motion to accept the May 25, 2023 Study Session
Summary regarding Alpine-Balsam Update/Facilities Master Plan
Implementation
D.Consideration of a motion to authorize the City Manager to approve and
execute a 20-year revocable lease for storm water infrastructure at 3320
28th Street/Diagonal Plaza
E.Consideration of a request from the Mary Beth Kent Family Trust and
representatives to approve a permanent, nonexclusive sewer line
easement across a portion of the City of Boulder’s Gebhard Open
Space property for the installation, operation, maintenance, repair and
replacement of a sanitary sewer connection to serve the proposed
Peacock Place subdivision at 5691 S. Boulder Road pursuant to the
disposal procedures of Article XII, Section 177 of the City of Boulder
Charter
F.Consideration of a motion to approve, and authorize the city manager to
execute, an interim intergovernmental agreement between the City of
Boulder, Boulder County, and the Boulder Public Library District that
addresses issues related to the transition from a municipal library to a
library operated by a library district
Attachment D - May 30, 2023 CAC Summary
June 7, 2023 Environmental Advisory Board Packet Page 20
5
G.Introduction, first reading and consideration of a motion to order
published by title only Ordinance 8580 designating the property at 830
14th St. as an individual historic landmark, pursuant to Section 9-11 -5 of
the Boulder Revised Code 1981, and under the procedures prescribed
by chapter 1-3, “Quasi-Judicial Hearings,” B.R.C. 1981
H.Introduction, first reading and consideration of a motion to order
published by title only and adopt by emergency measure Ordinance
XXXX adopting Supplement 155 which codifies previously adopted
ordinances, Appendix Council Procedures and other miscellaneous
corrections and amendments, as amendments to the Boulder Revised
Code, 1981; and setting forth related details
I.Second reading and consideration of a motion to adopt Ordinance 8579
amending Title 9, “Land Use Code,” B.R.C. 1981, by granting
exemptions to the city’s land use code standards for properties located
at 2050 Mesa Drive and 2049 Bluff Street to allow development of 2050
Mesa Drive with a detached single-family dwelling unit; and setting forth
related details. This ordinance is proposed in order to settle a lawsuit
between the property owner of 2050 Mesa Drive and the city
J.ADDED: Consideration of the motion to authorize the City Attorney
authority to appoint Special Counsel to investigate and, if necessary,
prosecute a complaint filed related to an alleged code of conduct
violation filed pursuant to § 2-7-10(c), Boulder Revised Code, 1981
15 min
4.CALL-UP CHECK-IN
A.Landmark Alteration Certificate to demolish an existing accessory
structure to replace with new detached ADU at 661 Maxwell Ave. a
contributing property in the Mapleton Hill Historic District, pursuant to
Section 9-11 -23 of the Boulder Revised Code, 1981., under Chapter 9-
11, “Historic Preservation,” B.R.C. 1981 (HIS2023-00076)
5.PUBLIC HEARINGS
A.Continued Public Hearing - Consideration a motion to approve
Landmark Alteration Certificate to rehabilitate and add on to
Building L, the former Nurses’ Dormitory at the Academy of Mapleton
Hill at 2543 4th St. (previously addressed 311 Mapleton Ave.) a pending
individual landmark, per section 9-11-18 of the Boulder Revised Code
(HIS2023-00018) – Council deliberations ONLY – NO PUBLIC
TESTIMONY
45 min –
No public
hearing / 45
Council
discussion
6.MATTERS FROM THE CITY MANAGER
A.Occupancy & Zoning for Affordable Housing Update 75 90 min –
30 min staff
presentation/
45 60 min
council
discussion
7.MATTERS FROM THE CITY ATTORNEY
Attachment D - May 30, 2023 CAC Summary
June 7, 2023 Environmental Advisory Board Packet Page 21
6
A.REMOVED and MOVED to June 8th Study Session: Discussion on
proposed rules regarding council participation at Board and
Commission meetings
45 min
8.MATTERS FROM THE MAYOR AND MEMBERS OF COUNCIL
9.DISCUSSION ITEMS
10.DEBRIEF
11.ADJOURNMENT
3:25 hrs
4:10 hrs
June 22, 2023 Study Session – (Est. time 2:45 hrs) – Facilitated by Mayor Pro Tem
Wallach - 6 p.m.
Final materials due Thursday , June 8 at noon
1.Update on RCV Process and Potential Ballot Items
Boulder County Clerk Molly Fitzpatrick will be present to
address Council.
75 min –
30 min staff
presentation/
45 min council
discussion
2.Energy Code Update 90 min –
30 min staff
presentation/
45 min Council
discussion
2:45 hrs
June 29th - 5th Thursday – NO MEETING
June 26th to July 7th – COUNCIL’S SUMMER RECESS
5.Extended Meeting Calendar (Study Sessions, Public Hearings, Matters)
July 13 , 2023 SPECIAL Meeting – (Est time 1:30) - 6 p.m.
REMINDER, this will be a virtual meeting.
Preliminary materials due Thursday, June 29 at noon
Final materials due Wednesday, July 5 at noon
Concept Plan Review and Comment for a proposed redevelopment of 4401 Broadway
(PH - 90 min)
July 20 , 2023 Regular Meeting – (Est time 1:30 2:30) - 6 p.m.
Preliminary materials due Thursday, July 6 at noon
Final materials due Wednesday, July 12 at noon
1st Reading of Ballot Measures (PH – 90 min)
Attachment D - May 30, 2023 CAC Summary
June 7, 2023 Environmental Advisory Board Packet Page 22
7
Additional Council items anticipated - Quarter 3
(Below dates are TENTATIVELY scheduled)
•Police Oversight Ordinance Update (July 27 SS – 90 min)
•Use Table Module 3 – Neighborhood Serving Uses (July 27 SS – 90 min)
•Board & Commission Mid-Year Appointments (August 3rd – Consent)
•2nd Rdg Ballot Measures (August 3rd PH – 90 min)
•University Hill Commercial Revitalization Update (August 10th SS – 90 min)
•Affordable Commercial Program Development (August 10th SS – 90 min)
•Inclusionary Housing Update (August 17th PH – 120 min)
•Occupancy Reform Ordinance (August 17th PH – 90 min)
•ACFR Acceptance (August 17th – 15 min)
•Airport Community Conversation Update (August 24th SS – 90 min)
•Community Broadband (August 24th SS – 90 min)
•Municipal Court Quarterly Update (September 7th CTORC – 30 min)
•2024 Budget (September 14th SS – 180 min)
•2nd Rdg Ordinance Zoning for Affordable Housing (September 21st PH – 90 min)
•Boulder Junction TVAP & BVCP Land Use Map Amendments (September 21st
PH – 90 min)
•East Boulder FBC Update P&DS (September 28th SS – 90 min)
•Safe Outdoor Spaces (September 28th SS – 90 min)
Declarations to be issued but not presented - Quarter 2/ Quarter 3
Dr. Oakleigh Thorne II Day Declaration
World Refugee Day (June 15th)
Men’s Health Month (June 15th)
International Youth Day (August 3rd)
Never Give Up Day (August 17th)
National Non-Profit Day (August 17th)
Constitution Day and Citizenship Day (September 7th)
CAC adjourned at 9:24 a.m.
Attachment D - May 30, 2023 CAC Summary
June 7, 2023 Environmental Advisory Board Packet Page 23