(a) (1) Within 30 days of a request by the building owner, each tenant of a unit in a covered building shall provide all information that cannot otherwise be acquired by the building owner and that is necessary for the building owner to comply with the requirements of this chapter.
(2) Any owner of a covered building shall request such information no later than March 1 of the years in which benchmarking is required by Section 18-14-102.1. If the owner of a covered building receives notice that a tenant intends to vacate a unit which is subject to the requirements of this subsection, the owner shall request the information specified in this subsection within 10 days of such notice, and the tenant shall provide such information within 30 days of the request.
(3) The failure of any tenant to provide the information required under this subsection to the owner of a covered building shall not relieve such owner of the obligation to benchmark the building as provided in Section 18-14-102.1, using all information otherwise available to the owner.
(4) Failure of any tenant to provide the information required under this subsection to the owner of a covered building shall create a rebuttable presumption that the owner, tenant, or both have not complied with the time limits specified in this section.
(5) If a tenant of a unit in a covered building fails to provide information to the owner of the building as provided in this subsection, the owner shall be considered to be in compliance with Section 18-14-102.1 with respect to the building if: (1) the owner proves that the owner has requested the tenant to provide such information as specified in this subsection; and (2) the owner has benchmarked the building as provided in Section 18-14-102.1, using all information otherwise available to the owner.
(b) The commissioner of water management may transmit water usage information for covered buildings to the commissioner. Except for covered buildings whose owners submit a request to the commissioner, in a form and manner provided by rule, that the buildings' water usage data not to be made public, the commissioner is authorized to make such water usage information readily available to the public. Notwithstanding any other provision of this chapter to the contrary, if the commissioner makes a covered building's water usage information readily available to the public as provided in this subsection, the covered building owner may, at the owner's option, decide to include such water usage data in the covered building's benchmark or reported benchmarking information but the covered building owner is not required to do so.
(Added Coun. J. 9-11-13, p. 60628, § 1; Amend Coun. J. 11-21-17, p. 62508, § 1)