D.C. Mun. Regs. tit. 20, r. 20-3515

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

Rule 20-3515 - PERFORMANCE BENCHMARKING DATA VERIFICATION

3515.1

Every three (3) years, building owners or their designees shall perform third-party verifications of their District Benchmark Results and Compliance Reports.

3515.2

Third-party verification shall begin in 2024 with verification of District Benchmark Results and Compliance Reports submitted for calendar year 2023 and shall be performed every third year thereafter. Third-party verification shall be submitted as part of the District Benchmark Results and Compliance Report no later than April 1 of each reporting year for which third-party verification is required.

3515.3

For each property requiring verification, the building owner of that building, or the building owner's designee, shall make the ENERGY STAR Data Verification Checklist, and any appropriate supporting documentation, available to an Approved District Data Verifier. The Data Verification Checklist is not required to be submitted with the District Benchmark Results and Compliance Report to meet the requirements of this section.

3515.4

An individual is an Approved District Data Verifier if they possess one (1) of the following licenses, credentials, or certifications, and are in good standing with the licensing, credentialing, or certifying entity at the time that the data verification is conducted:

(1) Professional Engineer (PE) issued within the United States;

(2) Licensed Architect issued within the United States;

(3) Certified Energy Manager (CEM);

(4) Building Energy Assessment Professional; or

(5) Any other additional data verifier license or training program credentials recognized by the Department and posted to its website.

3515.5

The U.S. Environmental Protection Agency is an Approved District Data Verifier for the purpose of this section when it performs data verification as part of an ENERGY STAR Certification that uses data including at least six (6) months of the calendar year for which this section requires data verification.

3515.6

An Approved District Data Verifier shall not be:

(a) The building owner or an employee of the building owner; or

(b) The building owner's designee, or an employee of that designee, who prepares or submits benchmarking information in Portfolio Manager.

3515.7

To meet the requirements of this section, the building owner or building owner's designee may request that the Approved District Data Verifier:

(a) Review the Portfolio Manager entries and supporting documentation provided by the building owner or building owner's designee to identify any errors or gaps in the data; and

(b) Work with the building owner or building owner's designee as needed to correct errors and fill gaps.

3515.8

Upon completion of verification, the Approved District Data Verifier must certify on the final page of the Data Verification Checklist that the Data Verification Checklist is complete and accurate by signing and dating it and listing any credential, license, or certification information that demonstrates the verifier's eligibility to act as an Approved District Data Verifier.

3515.9

Approved District Data Verifiers are not required to conduct a site visit or to complete the waste and indoor environmental quality section of the Data Verification Checklist to meet the requirements of this section.

3515.10

The building owner or building owner's designee shall use the Property Notes section or other relevant section in Portfolio Manager to report to the Department that third-party verification is complete by providing the following information:

(a) The name, title, telephone number, and email of the Approved District Data Verifier who completed the verification;

(b) The date of the verification; and

(c) The name of the credential, license, or certification, the issuing state or organization, and the license or certification number held by the Approved District Data Verifier.

3515.11

A building owner or building owner's designee may use a current EPA ENERGY STAR Certification, which includes third-party data verification, to meet the third-party verification requirements of this section. To do so, the building owner or building owner's designee shall include the following information within the District Benchmark Results and Compliance Report Property Notes section or other relevant section:

(a) The date that the building received ENERGY STAR Certification;

(b) The date range of the data verified, which must include a minimum of six (6) months of the calendar year requiring data verification; and

(c) The name, title, email address, name and issuing state or organization of the credential, license, or certification, and license or certification number of the licensed professional who verified the data for the ENERGY STAR Certification.

3515.12

A building owner or building owner's designee shall retain a signed copy of the Data Verification Checklist and all records documenting the information contained in the District Benchmarking Results and Compliance Report for a minimum of three (3) 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. 20-3515

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