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San Luis Obispo drops enforcement of all-electric new building ordinance — for now

A view of the city of San Luis Obispo from Terrace Hill.
A view of the city of San Luis Obispo from Terrace Hill. jjohnston@thetribunenews.com

The city of San Luis Obispo has paused enforcement of an ordinance that requires new buildings to be all-electric.

Following an April 2023 decision made by a three-judge panel of the Ninth Circuit Court of Appeals that overturned Berkeley’s ban on natural gas in new construction, no building applications filed in San Luis Obispo will be denied on the basis of including natural gas until further notice, the city said in a news release.

Property owners and developers may now submit permit applications for new mixed-fuel buildings, meaning some new future buildings could install and use natural gas infrastructure, the release said.

However, if the panel’s decision is overturned, mixed-fuel applicants may have to modify their building plans, even if the project was approved to include natural gas, the release said.

In its appeal, the city of Berkeley asked the full Ninth Circuit Court to overturn the panel’s decision, the release said.

If the decision is overturned by the full Ninth Circuit Court and the case is not reviewed by the Supreme Court, San Luis Obispo will immediately resume enforcing its all-electric new building ordinance, the release said.

In the meantime, the city will remain committed to its Climate Action Plan for Community Recovery, and still aims to achieve carbon neutrality by 2035, the release said.

Developers are still encouraged to consider all-electric building plans, as they are cost-effective, use efficient appliances, are connected to the city’s “increasingly green electricity system” and include state-mandated solar energy systems, the release said.

The change was approved June 28 by city manager Derek Johnson and community development director Michael Codron, according to the administrative order.

This story was originally published July 18, 2023 at 5:52 PM.

Joan Lynch
The Tribune
Joan Lynch is a housing reporter at the San Luis Obispo Tribune. Originally from Kenosha, Wisconsin, Joan studied journalism and telecommunications at Ball State University, graduating in 2022.
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