Council Sustainability Committee

This report recommends the Council Sustainability Committee explore a local Building Performance Standard (BPS) model ordinance for Hayward, targeting existing commercial and multifamily buildings 20,000 square feet or larger. This initiative aligns with Hayward's Climate Action Plan, aiming to reduce building-related greenhouse gas emissions, which currently account for 32% of community-wide GHG. The proposed ordinance, based on the California BPS Peer Learning Collaborative model, would cover 30.8% of Hayward's buildings, representing 69% of building-related emissions.

The BPS policy would implement a two-phase approach: an initial five-year period of mandatory benchmarking (tracking Greenhouse Gas Emissions Intensity, Site Energy Use Intensity, and potentially Water Use Intensity) followed by the introduction of interim performance targets every five years, leading to a final net-zero emissions goal by 2045 or 2050.

To ensure feasibility, the model ordinance includes flexible compliance pathways such as temporary exemptions for financial hardship or low occupancy, individual trajectory options (e.g., 20% reduction over five years), short-term extensions, and custom compliance plans. Special provisions, including up to 15-year extensions, are available for regulated affordable housing. Enforcement would prioritize education and technical assistance, with non-compliance fees and alternative compliance payments funding a Building Performance Fund, dedicating at least 50% to under-resourced properties.

Fiscal impacts are projected to be offset by cost-recovery fees, estimated at $100-$200 per building annually for Hayward's 919 covered buildings, avoiding reliance on the General Fund. Case studies demonstrate significant savings, such as a $715,000 retrofit yielding 11% annual electricity savings for affordable housing, and a university building achieving a 26% drop in whole-building energy use for $11 per square foot. The Committee will decide whether to actively explore this local ordinance or await the State's broader BPS strategy.

This proposal seeks to update two key aspects of the City's Solid Waste program.

1. Trash Enclosure Requirements:

• New Design Standards: Establishes new, codified design requirements for trash enclosures for all new non-residential buildings. This aims to streamline the building permit review process and ensure consistent application of solid waste management policies.
• Existing Buildings: For existing non-residential buildings, new enclosures or upgrades will be required for new uses or alterations/additions if the project valuation exceeds $500,000. The cost of compliance for these upgrades will be limited to 20% of the project valuation, with exceptions for businesses generating large amounts of organic waste.
• Larger Bins: Guidelines will be updated to include requirements for larger bins (6-7 cubic yards), roofs over roll-off containers/compactors, and sanitary sewer drains for businesses using grease, oil, or organic materials.

2. Construction and Demolition (C&D) Debris Recycling:

• Increased Penalties: The current penalty for failing to properly recycle C&D debris (currently a $100 fine) will be increased to allow for penalties of up to $1,000. This aims to deter developers from ignoring recycling requirements.
• Enforcement: The proposed penalty structure is similar to that used in San Mateo County and aims to be more effective than the current $100 fine or delaying project occupancy.

Fiscal Impact: This item is expected to have no negative impact on the General Fund or Measure C. It could have a positive impact on the General Fund through fines collected. No impact on Recycling Funds is anticipated.

This report provides an update on the City's compliance with the Municipal Regional Stormwater Permit (MRP) 3.0's trash reduction requirements, specifically Provision C.10. The City has successfully achieved 100% compliance with all C.10 requirements by the July 1, 2025, deadline, meaning all trash is now prevented from entering the storm drain system and ultimately the San Francisco Bay.

Key Actions and Funding:

• Extensive Installation of Trash Capture Devices: The City has installed numerous devices, including 6 large Continuous Deflective Separation (CDS) units and 629 smaller devices in storm drain inlets, treating a total of 4,220 acres.
• Grant Funding: Significant efforts were made to secure external funding, including an $800,000 EPA grant for two CDS units and an educational outreach program for over 1,200 students. A cooperative agreement with Caltrans funded two additional CDS units, treating approximately 831 acres.
• Private Land Drainage Areas (PLDA): The City surveyed and verified 196 PLDAs, ensuring compliance through inspections and enforcement. Only one PLDA property required the installation of full trash capture devices.
• Educational Outreach: An EPA-funded program educated over 1,200 students on the impacts of trash on waterways and wildlife.

Fiscal Impact: Compliance activities are funded by the Stormwater Fund and have not impacted the General Fund. Grant funding has significantly offset costs. Businesses may incur costs for monitoring, trash pickup, or installing capture facilities.

Next Steps: Staff will continue maintenance of all installed trash capture devices and periodically inspect PLDA properties to ensure ongoing compliance.

This report provides an overview of the City of Hayward's Annual Urban Water Use Objective (UWUO) Report, a requirement for water suppliers serving over 3,000 connections. The UWUO framework, established by SB 606 and AB 1668, ensures adherence to measurable water conservation and efficiency goals. The report details the city's compliance for Fiscal Year 2024-2025, noting moderate increases in residential water use (approximately 7% for single-family and 39% for multi-family, largely due to irrigation) and a 9.3% increase in Commercial, Industrial, and Institutional (CII) landscape irrigation.

Despite these increases, the City remains 14.03% below the State's water use objective. Key reporting elements include identifying the 90th percentile of residential water users, addressing misclassified landscape data, subclassifying CII accounts (2,615 of 5,391 subclassified to date), identifying large landscapes with Mixed-Use-Meters (MUMs), and identifying top CII customers. The City also details its Best Management Practices (BMPs) offered to CII customers, such as the WaterSmart portal, rebates, and turf replacement programs. The report has no direct fiscal impact but supports climate resilience and sustainable water management.

The Council Sustainability Committee (CSC) is reviewing a proposed agenda planning calendar for its meetings in 2026. The committee will transition from three meetings per year to two, scheduled for March and September. Key topics planned for discussion include:

September 14, 2026:

• Environmentally Preferred Purchasing Policy Amendments
• Tree Canopy Assessment & Tree Planting Goals
• Curbside Electric Vehicle Charging Pilot Program
• Data Centers (Information and Discussion)

Unscheduled Items:

• Pilot Program for Reusable Dishware
• Regulation of Disposable Food Service Ware Reduction and Reuse
• Existing Building Electrification Roadmap
• 2024 Greenhouse Gas Inventory (Information and Discussion)
• Ava Community Energy Update
• Heat Pump Water Heater Direct Installation Program (Final Report)