D.C. Mun. Regs. tit. 20, r. 20-3514

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 20-3514 - PERFORMANCE BENCHMARKING REQUIREMENTS

3514.1

According to the schedule described in § 3513.2 and the requirements of this Section, by April 1 of each year, a building owner required to benchmark for the previous calendar year:

(a) Shall use an existing Portfolio Manager account or, if necessary, create a new account to measure the annual performance of the building;

(b) May use an existing Portfolio Manager account created in accordance with D.C. Official Code § 6-1451.03(c)(3), for estimating the energy performance of new construction or substantial improvement.

(c) Shall use an existing Portfolio Manager property or, if necessary, create a new property for each building or set of buildings that are served by shared utility systems required to benchmark;

(d) Shall enter complete and accurate information for each building, property, or campus as required by this section or Portfolio Manager including:

(1) The name and contact information for the building owner and any operator of the property;

(2) The D.C. Real Property Unique Identifier(s) for the property on which the building is located as provided by DOEE;

(3) Energy and water utility information (use of estimated values is not permitted without written DOEE permission for instances where DOEE determines that a non-estimated value is not feasible);

(4) Complete whole-building utility data as specified in § 3514.3;

(5) Values for all property use information (use of default or temporary values is not permitted without written DOEE permission for instances where DOEE determines that it is not feasible to do otherwise); and

(6) Any non-residential tenant space use or utility information as necessary to meet the reporting requirements of this section; and

(e) When entering complete and accurate information into Portfolio Manager, may exclude the gross floor area and energy consumption of property spaces so long as they meet Portfolio Manager criteria for excluding a property space.

(f) Shall complete all automated data quality check functions within Portfolio Manager within seven (7) calendar days prior to submission of a District Benchmark Results and Compliance Report;

(g) If required by § 3515, shall provide third-party verification information; and

(h) Shall submit a complete and accurate District Benchmark Results and Compliance Report to DOEE by authorizing the transfer of the Report in Portfolio Manager.

3514.2

The District Benchmark Results and Compliance Report shall include one of the following for the building:

(a) An ENERGY STAR score, if a score is available;

(b) A Weather Normalized Energy Use Intensity (EUI) result, if an ENERGY STAR score is not available; or

(c) An explanation of why the building owner could not provide complete information for calculation of an ENERGY STAR score or a Weather Normalized EUI result.

3514.3

A building owner shall collect and enter into Portfolio Manager complete whole building data for the calendar year in accordance with § 3514.1 as follows:

(a) For new buildings, consistent with the requirements of § 3513.2, a building owner shall benchmark beginning with the first full calendar year after the building receives its Temporary Certificate of Occupancy or Certificate of Occupancy, whichever comes first;

(b) If ownership of a building is transferred during a reporting year, the former building owner or owners shall, no later than sixty (60) days after the transfer, provide complete and accurate information necessary to the building owner required to benchmark to complete the benchmark reporting requirements for the full calendar year in which the transfer occurred;

(c) If necessary to submit a complete and accurate District Benchmark Results and Compliance Report, a building owner shall obtain information from non-residential tenants, master meters, or a utility company;

(d) If a building owner has made a reasonable effort to obtain information and does not have complete whole-building information to fulfill the requirements of this section, a building owner shall submit an incomplete building District Benchmark Results and Compliance Report containing as much information as is available and shall notify DOEE which set(s) of utility data are incomplete; and

(e) A building owner who receives updated or corrected information for a reported calendar year after submitting a District Benchmark Results and Compliance Report shall submit an updated Report within thirty (30) days of receiving the new information. A building owner shall notify DOEE when it submits an updated or corrected Report.

3514.4

If a building owner has leased or allowed the sublease of all or part of a building to a non-residential tenant, for the non-residential tenant spaces, the owner shall:

(a) Provide property use information relevant to the tenant space use type and annual utility data for the non-residential tenant space, either as:

(1) Aggregated or single-meter utility data provided directly from the utility companies; or

(2) Provided by tenants;

(b) Upon notice that a non-residential tenant intends to vacate a building before the District Benchmark Results and Compliance Report is due, require from the tenant the necessary information for the period the tenant occupied the building; and

(c) Provide contact information and gross floor areas leased for any non-residential tenant who did not provide necessary data as required by this section.

3514.5

A non-residential tenant of a building owner required to benchmark shall provide the building owner complete and accurate information, as described in §3514.4, within thirty (30) days of the date a written request for such information is received by the tenant. Non-residential tenants who sublease their space are responsible for collecting and reporting sub-tenant information to the building owner. A request for information is considered received if:

(a) The tenant actually receives the request; or

(b) If the building owner signs a sworn statement that the building owner placed the request in U.S. first class mail, waited at least thirty (30) days, and did not receive notice that the request was returned as undeliverable.

3514.6

A building owner shall retain all records documenting the information contained in the District Benchmarking Results and Compliance Report for a minimum of eight (8) years from the date that the Report is submitted to the Department, and shall provide a copy of those records to the Department upon request.

D.C. Mun. Regs. tit. 20, r. 20-3514

Final Rulemaking published at 68 DCR 11077 (10/22/2021)