(a) In accordance with the schedule prescribed by Section 18-14-102.1, the owner of any covered building shall submit reported benchmarking information for the previous calendar year, using the benchmarking tool, in a manner prescribed by the commissioner.
(b) The commissioner and the chief sustainability officer shall prepare and submit an annual report to the mayor and the city council reviewing and evaluating energy efficiency in covered buildings, including summary statistics on the most recent reported energy benchmarking information and a discussion of energy efficiency trends, cost savings, and job creation effects resulting from energy efficiency improvements.
(c) (1) The commissioner shall establish and implement an energy performance rating system that assigns stars to covered buildings based on such buildings' energy performance scores. Beginning in calendar year 2019, the commissioner shall annually, after covered buildings have submitted their reported benchmarking information as provided in 18-14-102.3, assign a rating to each covered building, as follows:
(i) A rating of four stars shall be assigned to those covered buildings whose energy performance scores are between 81 and 100, inclusive, or whose energy performance scores are between 61 and 80, inclusive, and which have shown a total of 10-point improvement in their energy performance scores in the previous two consecutive calendar years;
(ii) A rating of three stars shall be assigned to those covered buildings whose energy performance scores are between 61 and 80, inclusive, or whose energy performance scores are between 41 and 60, inclusive, and which have shown a total of 10-point improvement in their energy performance scores in the previous two consecutive calendar years;
(iii) A rating of two stars shall be assigned to those covered buildings whose energy performance scores are between 41 and 60, inclusive, or whose energy performance scores are between 11 and 40, inclusive, and which have shown a total of 10-point improvement in their energy performance scores in the previous two consecutive calendar years;
(iv) A rating of one star shall be assigned to those covered buildings whose energy performance scores are below 40; and
(v) A rating of zero star shall be assigned to those covered buildings whose reported benchmarking information is not timely submitted in violation of this chapter.
(2) In addition to the rating provided in subsection (c)(1) of this section, the commissioner is authorized to assign an additional rating of half a star to a covered building that has an energy performance score which is close to: (i) the highest possible score; or (ii) the next higher rating, as determined by rule promulgated by the commissioner.
(3) No rating shall be assigned to those covered buildings that: (i) are exempt from the benchmarking requirement as provided in 18-14-102.1(c); (ii) do not receive an energy performance score or EUI from the benchmarking tool for technical reasons acceptable to the commissioner; or (iii) are unable to make energy efficiency improvements due to the building's infrastructure limitations or other acceptable technical reasons, as determined by the commissioner after reviewing the application, supporting documentations and other relevant materials submitted by the owner as provided by rule.
(4) For buildings with no energy performance scores, the energy performance rating shall be based on EUI as compared to national medians.
(5) The commissioner is authorized, by rule, to adjust the energy performance score thresholds for the energy performance rating system in order to ensure the energy performance ratings continue to reflect changing energy efficiency standards and best practices.
(d) The commissioner shall provide each covered building with an energy rating card indicating the covered building's current year energy performance rating. Provided, however, no energy rating card shall be provided to covered buildings: (i) that are exempt from public disclosure of reported benchmarking information as provided in 18-14-102.3, (ii) that are exempt from the benchmarking requirement as provided in 18-14-102.1, or (iii) that do not receive an energy performance score or EUI from the benchmarking tool for technical reasons acceptable to the commissioner.
(e) Upon receipt of an energy rating card, a covered building shall conspicuously post the energy rating card so that it is visible to the general public and to visitors prior to or upon entering the covered building. The energy rating card shall not be defaced, marred, camouflaged or hidden from public view.
(f) (1) A covered building owner, or agent thereof, shall not execute an oral or written lease or purchase agreement, contract to lease or sell, or accept any money or other valuable consideration in an application for an oral or written lease or purchase agreement for the entire building or a portion of the building without disclosing to the tenant, applicant or prospective buyer, in a form and manner prescribed by the commissioner by rule, the covered building's current calendar year energy performance rating or energy performance score. The tenant, applicant, or prospective buyer shall sign a receipt acknowledging that such tenant, applicant, or prospective buyer has received the disclosure required by this subsection.
(2) A covered building owner, or agent thereof, shall include a covered building's current calendar year energy performance rating or energy performance score in any advertisements for sale or lease of the covered building or a portion of the building.
Exception: No disclosure shall be required under this subsection (f) if any portion of the covered building is subject to the utility costs disclosure requirements and exceptions provided in Chapter 5-16 of this Code.
Exception: No disclosure shall be required under this subsection (f) if the covered building is exempt from the benchmarking requirement as provided in 18-14-102.1(c).
(g) The commissioner is authorized to make reported benchmarking information and energy performance ratings readily available to the public.
Exception: Unless a different result is mandated by applicable law, the commissioner shall not make readily available to the public any individually attributable reported benchmarking information from the first calendar year that a covered building is required to benchmark.
Exception: Unless a different result is mandated by applicable law, the commissioner shall not make readily available to the public any individually attributable energy performance rating assigned to a covered building until six months after initial ratings are assigned.
Exception: Unless a different result is mandated by applicable law, the commissioner shall not make readily available to the public any individually attributable reported benchmarking information or energy performance rating pertaining to a covered building that contains a data center, television studio, or trading floor that together exceed 10 percent of the gross square footage of any such building until the commissioner determines that the benchmarking tool can make adequate adjustments for such facilities. When the commissioner determines that the benchmarking tool can make such adjustments, it shall report such determination to the mayor and the city council.
(Added Coun. J. 9-11-13, p. 60628, § 1; Amend Coun. J. 11-21-17, p. 62508, § 1)