D.C. Mun. Regs. tit. 20, r. 20-3520

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

Rule 20-3520 - BUILDING ENERGY PERFORMANCE EXEMPTIONS ANDCOMPLIANCE DELAYS

3520.1

A building owner may apply for DOEE approval through the Online BEPS Portal for an exemption from, or delay of, compliance with the performance and procedural requirements specified in § 3518 and § 3519.

3520.2

A building owner seeking an exemption or delay shall submit a request describing the exemption or delay sought, and the reason(s) the exemption or delay is being requested. The request shall include documentation that substantiates the basis for the request, such as financial information, deeds, building and construction permits, technical reports, invoices, or other documentation that supports the request being sought.

3520.3

An exemption may be granted only if the building owner demonstrates to the satisfaction of DOEE, based upon the documentation presented, that the building is demolished prior to the beginning of the applicable Compliance Cycle or during the Compliance Cycle.

3520.4

A delay may be granted only if the building owner demonstrates to the satisfaction of DOEE, based upon the documentation presented, that the building meets at least one of the criteria specified in § 3520.7.

3520.5

DOEE shall grant a delay in compliance from the performance and procedural requirements specified in § 3518 and § 3519 for up to three (3) years upon a showing of good cause for delay as specified in § 3520.7.

3520.6

For qualifying affordable housing buildings, DOEE may grant a delay in compliance of more than three (3) years upon a showing of good cause for delay as specified in § 3520.7.

3520.7

For a building owner to demonstrate good cause for granting a delay of compliance under § 3520.5 or § 3520.6, the building owner must provide substantial evidence that one or more of the following circumstances exist and that the circumstance(s) make meeting the requirements of § 3518.1 by the end of the Compliance Cycle practically infeasible:

(a) Financial distress;

(b) A change of ownership of the property during a Compliance Cycle;

(c) The building undergoes a major renovation;

(d) The building becomes unoccupied;

(e) The building is pending demolition;

(f) There is a change in property type;

(g) For the BEPS Period beginning in 2021, the building was consuming energy during the COVID-19 public health emergency declared on March 11, 2020 by Mayor's Order 2020-045;

(h) The building is on the DC Inventory of Historic Sites maintained by the District Office of Planning or is designated as contributing to a historic district; or

(i) The building is implementing an innovative approach to energy efficiency

3520.8

For the BEPS Period beginning in 2021, an owner of a building subject to compliance under § 3517.4(a), in keeping with § 3520.7(g), shall receive a one (1)-year delay of compliance upon DOEE receipt of the building's 2020 District Benchmark Results and Compliance Report, unless the building owner requests not to receive this delay. A delay of compliance granted pursuant to this subsection shall not preclude DOEE from granting additional delays in compliance under §§ 3520.5 or 3520.6; provided, that, for a building other than a qualifying affordable housing building, all delays may not, in total, exceed three (3) years.

3520.9

DOEE may attach additional conditions to a delay of compliance, including adjustments to the building's compliance pathway, or additional reporting and verification requirements to move a building toward compliance with the BEPS.

3520.10

A delay approved during one Compliance Cycle does not delay the requirement for a building to meet the BEPS established for the next BEPS Period or the requirements of the next Compliance Cycle.

D.C. Mun. Regs. tit. 20, r. 20-3520

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