For the purposes of this article, the following definitions apply unless the context clearly indicates or requires a different meaning:
Benchmark. To input and submit the total energy and water consumed for a property for the previous calendar year and other descriptive information for such property as required by the benchmarking tool.
Benchmarking Tool. The U.S. Environmental Protection Agency’s ENERGY STAR® Portfolio Manager, or any additional or alternative tool adopted by the department, used to track and assess the energy and water use of certain properties relative to similar properties.
Covered Property. A property that exceeds 25,000 square feet in gross floor area. The following properties are not considered to be covered properties and are not subject to any of the requirements of this article:
(1) Single family, duplex, triplex and fourplex residential homes and related accessory structures, or any other residential building with fewer than five units;
(2) Any building with less than 25,000 square feet in gross floor area, that is not otherwise part of a campus for the purposes of benchmarking;
(3) Properties classified as industrial per designated Standard Industrial Classification (SIC) codes 20 through 39;
(4) Properties owned by government bodies not subject to the authority of this article or already governed by other articles; and
(5) Other building types not meeting the purpose of this article, as determined by the director.
Department. The office of climate change, sustainability and resiliency, except where it refers to the department of planning and permitting.
Director. The executive for climate change, sustainability and resiliency, except where it refers to the director of planning and permitting.
Energy. Electricity, natural gas, steam, or other product sold by a utility to a customer of a property, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses as recorded in the benchmarking tool.
ENERGY STAR® Portfolio Manager. The tool developed and maintained by the U.S. Environmental Protection Agency to track and assess the relative energy performance of buildings.
ENERGY STAR® Score. The numeric rating generated by the ENERGY STAR® Portfolio Manager tool as a measurement of a building’s energy efficiency.
Financial Hardship. A property that:
(1) Had arrears of property taxes or water or wastewater charges that resulted in the property’s inclusion, within the prior two years, on the city’s annual tax lien sale list;
(2) Has a court appointed receiver in control of the asset due to financial distress;
(3) Is owned by a financial institution through default by the borrower;
(4) Has been acquired by a deed in lieu of foreclosure; or
(5) Has a senior mortgage subject to a notice of default.
Gross Floor Area. The total property area, measured between the outside surfaces of the exterior walls of the building. This includes all areas inside the building including but not limited to lobbies, tenant areas, common areas, meeting rooms, break rooms, base level atriums, restrooms, elevator shafts, stairwells, mechanical equipment areas, basements, and storage rooms.
Owner.
(1) An individual or entity possessing title to a property or, when a person or entity holds the leasehold interest in an entire building for a term of five years or longer, that person or entity in lieu of the title holder with respect to that building;
(2) The board of the owners’ association, in the case of a condominium project;
(3) The master association, in the case of a condominium project where the powers of an owners’ association are exercised by or delegated to a master association;
(4) The board of directors, in the case of a cooperative apartment corporation; or
(5) An agent authorized to act on behalf of any of the above.
Property.
(1) A single building;
(2) One or more buildings held in the condominium form of ownership, and governed by a single board of managers; or
(3) A campus of two or more contiguous buildings that are owned and operated by the same party, have a single shared primary function, and are:
(A) Behind a common utility meter or served by a common mechanical/electrical system (such as a chilled water loop) that would prevent the owner from being able to easily determine the energy use attributable to each of the individual buildings; or
(B) Used primarily for:
(i) A K-12 school;
(ii) A hospital;
(iii) A hotel;
(iv) Multifamily housing; or
(v) A senior care community.
Shared Benchmarking Information. Information generated by the benchmarking tool and descriptive information about the physical property and its operational characteristics that is shared with the department. The information must include, but need not be limited to:
(1) Descriptive information, such as:
(A) Property address;
(B) Primary use;
(C) Gross floor area;
(D) Number of floors;
(E) Number of building parking spaces or parking area in square feet;
(F) Number of years the property has been ENERGY STAR® Certified and the last approval date, if applicable; and
(G) Individual or entity responsible for the benchmarking submission.
(2) Output information, such as:
(A) Site and source energy use intensity;
(B) Weather normalized site and source energy use intensity;
(C) The ENERGY STAR® score, where available;
(D) Total annual greenhouse gas emissions;
(E) Monthly energy use by fuel type;
(F) Indoor water use and water use intensity (consumption per gross square foot);
(G) Outdoor water use (where available);
(H) Total water use;
(I) The ENERGY STAR® Water Score, where available; and
(J) General comments section, if needed, to explain the building’s ENERGY STAR® scores.
Tenant. A person or entity occupying or holding possession of a building, part of a building, or premises pursuant to a rental or lease agreement or through ownership of a unit within, or portion of, the building.
(Added by Ord.
22-17
)