Real Estate & Property Law

Coming Soon To A City Near You: "We Want To Emphasize That This Is In People's Interest" - Berkeley To Mandate $34k+ Draconian Energy Efficiency

By Robert Thomas (inversecondemnation.com)

University Avenue in Berkeley, California -- the main entry to the city hosting the flagship campus of the University of California system -- is not exactly a grand introduction:  the street is rutted with potholes (a trip west of San Pablo Avenue can be especially bone-jarring), the median strip was revamped as a "xeriscape" a few years ago at a six-figure cost but still looks mostly like a weed patch (ok, a water efficient weed patch), and vacant storefronts with semi-permanent homeless encampments in their doorways line the street. And University Avenue is not unique. The city's other main drags - Shattuck, MLK, Jr. Way, Ashby, Sacramento, Telegraph, and College are in similar (or worse) condition.

I guess these basic issues must be getting fixed, because the city fathers and mothers have moved on to more pressing issues: from the San Francisco Chronicle comes word that Berkeley is on the verge of requiring the owners of the city's nearly 50,000 residential buildings to hire an "energy auditor" and based on the results of the audit make changes to meet "city standards," such as a new roof, new windows, new appliances, and other repairs projected to cost tens of thousands.  In "Hot debate ahead on Berkeley's energy plans," the Chron reports:

The classic Berkeley home - a creaky Victorian with drafty windows, a Wedgewood stove and musty furnace - will undergo a drastic makeover under the city's aggressive new plans to fight global warming.

Within the next few years, the city is likely to mandate that all homes meet strict energy standards. In many cases this would mean new double-paned windows, insulation in the attic, walls and floors, a new white roof that reflects heat, a forced-air furnace and high-efficiency appliances.

The cost: upward of $33,800.

"The improvements will not only save energy, they'll make the home less drafty and more comfortable," said Billi Romain, the city's sustainability coordinator. "There are many benefits not just for the city, but for the homeowner."

No telling how this squares with Berkeley's landmarks ordinance; I doubt that vinyl windows and a "new white roof" is what Julia Morgan had in mind. The proposal isn't just an aspirational suggestion -- the regulations come with teeth: 

In the beginning, the city will offer incentives, such as rebates and financial assistance, for homeowners to comply. But within a few years, the city will start imposing penalties for those who don't meet the standards, said Timothy Burroughs, the city's climate action coordinator.

"We want to emphasize that this is in people's interest," he said. "If we're serious about reducing our emissions, it's only possible if virtually every building achieves significant improvements in energy efficiency."

No deadlines or specific standards have been set yet. But the city's goal is for all of Berkeley's 23,000 homes and 25,000 duplexes and apartment units to reduce energy use by 35 percent by 2020.

The city's "sustainability coordinator" apparently has a different definition of "inexpensive" than we do: 

In some cases, the standards can be met relatively inexpensively, [Billi] Romain said. Caulking, sealing, insulation and new appliances - an investment of under $10,000 - can reduce energy use by more than 25 percent.

Don't forget that Berkeley has one of the most restrictive residential rent-control ordinances in the country, so property owners will most likely have to absorb these costs themselves, despite the promise of "financial assistance" from the cash-strapped city.

But that's OK because "this is in people's interest." 

Not to worry, Berkeley homeowners, you can always work a second job as an "energy auditor," "sustainability coordinator," or "climate action coordinator."

Full post as published by inversecondemnation on April 18, 2009 (boomark / email).