Md. Code Regs. 26.28.02.02
Current through Register Vol. 51, No. 26, December 27, 2024
Section 26.28.02.02 - Reporting Requirements of Building OwnersA. Data Collection.(1) Each calendar year beginning in 2025 or in the first calendar year after which a newly constructed covered building is occupied, the covered building owner shall collect and enter all required benchmarking information for the previous calendar year into the benchmarking tool.(2) Nothing in this regulation shall be construed to permit a building owner to use tenant energy usage data for purposes other than evaluation of the performance of the building.(3) A building owner shall follow the exemption procedures under the TM 24-01, "Technical Guidance and Calculation Methodologies to Comply with Building Energy Performance Standards".B. Benchmarking Report.(1) A building owner shall submit a benchmarking report to the Department by June 1st of each year, beginning in 2025, using the benchmarking tool.(2) Following the first full calendar year that energy data can be collected and the building was occupied, the owner of any newly constructed covered building shall benchmark the building and report to the Department no later than June 1st of the following year, and every June 1st thereafter.(3) The annual benchmarking report shall include, at a minimum, the benchmarking information spanning January 1st to December 31st of the previous calendar year.(4) The building owner shall enter data into the benchmarking tool such that the benchmarking report shall be based on an assessment of the energy consumed by the building for the entire calendar year being reported and demonstrate the net direct emissions and site EUI for the entire calendar year being reported.(5) The building owner shall exclude from the benchmarking report submetered and separately metered energy consumption data for:(a) Food service facilities that engage in commercial cooking and water heating;(b) Electric vehicle charging;(c) Other electricity uses excluded from site energy use by the benchmarking tool; and(d) Emissions from required combustion equipment under the following conditions:(i) Emissions from generators shall be excluded from the net direct emissions requirements if a federal or State regulation requires a covered building including a health care facility, laboratory, assisted living and nursing facility, military building, critical infrastructure, and a building used in life sciences to use a backup generator or other equipment that shall run on combustible fuels.(ii) A covered building is required to include emissions from a combustion generator/equipment if the relevant federal or State regulation is updated to allow battery storage and/or other types of systems that do not produce direct emissions.(6) Energy consumption for food service facilities can be excluded using a standard deduction formula in accordance with the Department's TM 24-01 "Technical Guidance and Calculation Methodologies to Comply with Building Energy Performance Standards", which is incorporated by reference in COMAR 26.28.01.03 when such energy consumption cannot be excluded using submetered or separately metered data.(7) Before submitting a benchmarking report, the building owner shall run all automated data quality checker functions available within the benchmarking tool and shall confirm that all data has been accurately entered into the tool. The building owner shall correct all missing or incorrect information as identified by the data quality checker prior to submitting the benchmarking report to the Department.(8) If a building owner is notified of an inaccuracy by the Department or other third party, then the building owner shall amend the information reported within the benchmarking tool, and shall provide the Department with an updated benchmarking submission within 30 days of learning of the inaccuracy.(9) The building owner of a mixed-use covered building shall use the benchmarking tool to report the gross floor area for all property types in the building.(10) The building owners of a covered building that is connected to district energy systems shall submit additional information to supplement the annual benchmarking report in accordance with the Department's TM 24-01, "Technical Guidance and Calculation Methodologies to Comply with Building Energy Performance Standards", which is incorporated by reference in COMAR 26.28.01.03.C. Third Party Verification of Benchmarking Reports.(1) The building owner shall have a third party verify the accuracy of benchmarking reports for calendar years: (a) 2025 (benchmarking report due in 2026);(b) 2030 (benchmarking report due in 2031);(c) 2035 (benchmarking report due in 2036);(d) 2040 (benchmarking report due in 2041); and(e) Every 5 years thereafter.(2) The building owner of a newly constructed covered building shall have a third party verify the first required benchmarking report and then comply with the schedule in this chapter for verification of subsequent reports.(3) The building owner shall provide to the third party verifier all utility bills, delivered fuel receipts, and other documentation needed by the verifier for the calendar year covered by the benchmarking report.(4) The building owner shall submit a copy of a third party verification to the Department when submitting the associated benchmarking report in accordance with the Department's TM 24-01 "Technical Guidance and Calculation Methodologies to Comply with Building Energy Performance Standards", which is incorporated by reference in COMAR 26.28.01.03.D. Maintenance of Historical Data. (1) The building owner shall maintain adequate records demonstrating compliance with this chapter, including but not limited to, energy bills, reports, forms, and records received from tenants or utilities and records.(2) Such records shall be preserved for a period no less than 5 years.(3) At the request of the Department, such records shall be made available for inspection and audit by the Department.Md. Code Regs. 26.28.02.02
Regulation .02 adopted effective 51:25 Md. R. 1142, eff. 12/23/2024.