D.C. Mun. Regs. tit. 20, r. 20-3518

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

Rule 20-3518 - BUILDING ENERGY PERFORMANCE COMPLIANCEPATHWAYS

3518.1

An owner of a building that does not meet the BEPS shall implement one (1) of the following compliance pathways to meet the building energy performance requirements:

(a) A performance pathway, which includes meeting the reporting milestone described in § 3519.5 and achieving energy savings according to the following metrics, as determined through Portfolio Manager:

(1) For a building that can earn an ENERGY STAR® score, a greater than twenty percent (20%) decrease in Site Energy Use Intensity Adjusted to Current Year (Adjusted Site EUI) averaged over the last two (2) years of the Compliance Cycle, as compared to the Adjusted Site EUI averaged over the two (2) years preceding the first year of the Compliance Cycle; or

(2) For a building that cannot earn an ENERGY STAR® score, a greater than twenty percent (20%) decrease in in the Weather Normalized Site Energy Use Intensity (Normalized Site EUI) averaged over the last two (2) years of the Compliance Cycle, as compared to the Normalized Site EUI averaged over the two (2) years preceding the first year of the Compliance Cycle;

(b) For high-performing property types, a standard target pathway, which includes meeting the reporting milestone described in § 3519.5 and achieving energy savings according to the following metrics, as determined through Portfolio Manager:

(1) If a building can earn an ENERGY STAR® score, an increase in its ENERGY STAR® score to the level established as the BEPS for the applicable BEPS Period in the last year of the Compliance Cycle; or

(2) If a building cannot earn an ENERGY STAR® score, a decrease in its Weather Normalized Source Energy Use Intensity (Normalized Source EUI) to the level established as the BEPS for the applicable BEPS Period in the last year of the Compliance Cycle;

(c) A prescriptive pathway to achieve energy savings comparable to the requirements in § 3518.1(a), which includes meeting reporting milestones described in § 3519.6 across four (4) phases and completing DOEE-approved energy efficiency measures set forth in a final action plan approved by DOEE and;

(d) An alternative compliance pathway as proposed by a building owner and agreed to by DOEE that is designed to achieve energy savings comparable to the requirements in § 3518.1(a); or

(e) Only for the BEPS Period beginning on January 1, 2021, buildings that receive a delay of compliance pursuant to § 3520.7(g) may follow a 2021 option for the pathways described in § 3518.1(a) and (b), with the following adjustments:

(1) The performance pathway described in § 3518.1(a) shall use the Site EUI average for the period from 2018 to 2019 as the baseline to compare with the Site EUI for 2026 to determine whether the twenty percent (20%) reduction has been met; and

(2) The standard target pathway described in § 3518.1(b) shall achieve energy performance in 2026 equal to or greater than the 2021 BEPS.

3518.2

Throughout a Compliance Cycle, a building owner shall consistently exclude gross floor area and energy consumption of spaces in accordance with the criteria in Portfolio Manager for excluding a space, unless that gross floor area and energy consumption was included in the District Benchmark Results and Compliance Report used to determine whether the building met the BEPS.

3518.3

A building owner shall not, in the process of complying with this chapter, implement a measure that poses a threat to the health and safety of a building occupant or user, including by reducing indoor environmental quality.

D.C. Mun. Regs. tit. 20, r. 20-3518

Final Rulemaking published at 68 DCR 11790 (11/5/2021)