Title and Purpose. | |
Definitions. | |
Energy Performance Evaluation and Reporting Required. | |
Disclosure of Energy Performance Information. | |
Schedule for Compliance. | |
Confidentiality. | |
Municipal Facilities. | |
Implementation. | |
Exceptions. | |
Undertaking for the General Welfare. | |
No Conflict with Federal or State Law. | |
(a) This Chapter 20 may be referred to as the Existing Buildings Energy Performance Ordinance.
(b) To encourage efficient use of energy, this Chapter requires owners of nonresidential buildings in San Francisco to obtain energy efficiency audits, as well as requiring owners of nonresidential and multifamily residential buildings to annually measure and disclose energy performance. It also requires the Department of the Environment to collect summary statistics about the energy performance of nonresidential and multifamily residential buildings and make those statistics available to the public.
For purposes of this Chapter 20, the following terms shall have the following meanings:
“Annual Energy Benchmark Summary” means a report to the Department of Environment summarizing the annual energy performance of a whole building for purposes of verifying compliance with this chapter, tracking improvement, motivating improved energy performance, targeting incentives and resources, and enabling comparison to similar facilities.
“Building” means a Nonresidential Building or a Residential Building, as these terms are defined in this Chapter 20.
“Building Owner” means a person, as defined by California Public Resources Code Section 25116 or any successor legislation, possessing title to the building. For buildings owned or primarily occupied by City departments, the department or entity responsible for annual greenhouse gas emissions reporting for the building under Section 904 of this Code may act as the “building owner” for purposes of this Chapter.
“Building Characteristics” means basic descriptive information and reasonable estimates of factors affecting energy use in the building, including but not limited to building type and space attributes as defined by the benchmarking tool(s).
“Director” means the Director of the Department of the Environment, or his or her designee.
“Energy” means electricity, natural gas, steam, heating oil, or other product sold by a utility to a customer of a nonresidential building, or renewable on-site electricity generation, for purposes of providing heat, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities.
“Energy efficiency audit” means a systematic evaluation to identify modifications and improvements to building equipment and systems which utilize energy, meeting or exceeding the Procedures for Commercial Building Energy Audits published by the American Society of Heating, Refrigerating, and Air-conditioning Engineers Inc. (ASHRAE), or similar comprehensive whole-building evaluation, as determined by the Director, or, in the case of municipal buildings, as determined by the General Manager of the Public Utilities Commission.
“Energy Professional” means an individual qualified to perform energy efficiency audits required by this Chapter, as further detailed in Section 2002(c) of this Chapter.
“ENERGY STAR® Portfolio Manager” means the US Environmental Protection Agency’s online tool for managing building data, used to create a US EPA Energy Performance Rating.
“ENERGY STAR® Portfolio Manager Energy Performance Rating” means the US Environmental Protection Agency’s 1-to-100 building energy efficiency measurement, normalized for a building’s characteristics, operations, and weather, according to methods established by US EPA’s ENERGY STAR® Portfolio Manager.
“Gross Floor Area” or “Area” means the total number of square feet measured between the principal exterior surfaces of enclosing fixed walls.
“kBTU” means kilo (thousand) British thermal units, a common unit of energy measurement utilized to convert and combine other common energy measurements such as kilowatt hours of electricity, therms of natural gas, and pounds of steam.
“Level I Audit” means a brief on-site survey of a building which identifies and provides cost analysis for low-cost and no-cost energy saving measures, and lists potential capital improvements, meeting the Level I standard of Procedures for Commercial Building Energy Audits published by the American Society of Heating, Refrigerating, and Air-conditioning Engineers Inc. (ASHRAE)
“Level II Audit” means a detailed on-site survey and energy analysis which identifies and provides savings and cost analysis of all practical measures and meets the Level II standard of Procedures for Commercial Building Energy Audits published by the American Society of Heating, Refrigerating, and Air-conditioning Engineers Inc. (ASHRAE).
“Net Present Value” means the value in today’s dollars of all future costs and benefits from an investment, after compensating for the effects of interest.
“Nonresidential Building” means a facility composed of occupancy type(s) other than residential — including type A, B, E, I-1, I-2, I-3, M, R1, and S, as defined by California Building Code Title 24 Section 302 (2016) as amended — where a gross area of 10,000 square feet or more is heated or cooled in its interior.
“Residential Building” means a facility composed of residential occupancy type(s) — including type R-2, R-2.1, R-3, R-3.1, and R-4 as defined by California Building Code Title 24 Section 302 (2016) as amended where a gross area of 50,000 square feet or more is heated or cooled in its interior.
“Retro-Commissioning Measures” mean non-capital work such as repairs, maintenance, adjustments, changes to controls or related software, or operational improvements that optimize a building’s energy performance and that have been identified by a systematic process of investigating and analyzing the performance of a building’s equipment and systems that impact energy consumption.
“Retrofit Measures” mean capital alterations of building systems involving the installation of energy efficiency technologies that reduce energy consumption and improve the efficiency of such systems.
“Simple Payback” means the number of years it takes for the projected annual energy savings to pay back the amount invested in the energy efficiency measure, as determined by dividing the investment by the annual energy savings.
“System” means a building assembly made up of various components that serve a specific function, including but not limited to exterior walls, windows, doors, roofs, ceilings, floors, lighting, piping, ductwork, insulation, HVAC system equipment or components, electrical appliances and plumbing appliances.
“Tenant” means a person, as defined by California Public Resources Code 25116 or any successor legislation, who leases space in a building.
(a) Energy Efficiency Audits and Energy Efficiency Audit Reports. The owner of any Nonresidential Building with a gross area of 10,000 square feet or greater shall conduct a comprehensive energy efficiency audit for each such building. Energy efficiency audits shall comprehensively examine whole buildings, and must be completed on the schedule set forth in Section 2004, or as described in Section 2006, as applicable.
(b) Energy Efficiency Audit Standards. Energy efficiency audits required by this Chapter 20 shall meet or exceed the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE) Procedures for Commercial Building Energy Audits (2011), or shall comply with Section 2006, as applicable. Energy efficiency audits must be performed by, or under the supervision of, an energy professional as defined in subsections (c) and (d), below. The level of detail required in an energy efficiency audit shall be proportionate to the scale of the Nonresidential Building, such that:
(1) Nonresidential Buildings greater than 50,000 square feet in gross area shall receive a comprehensive audit of the whole building which meets or exceeds the Level II Audit standard or equivalent as determined by the Director.
(2) Nonresidential Buildings greater than 10,000 square feet and less than or equal to 49,999 square feet in gross area receive a walkthrough audit of the whole building which meets or exceeds the Level I audit standard, or equivalent as determined by the Director.
(c) Energy Efficiency Auditor Qualifications. An energy professional performing or supervising energy efficiency audits must be able to demonstrate possession in good standing of at least one of the following minimum qualifications:
(1) Licensed Engineer and one of the following:
(A) At least 2 years of experience performing energy efficiency audits or commissioning of existing buildings; or
(B) ASHRAE Commissioning Process Management Professional Certification; or
(C) Similar qualifications in energy efficiency analysis or commissioning.
(2) Association of Energy Engineers Certified Energy Manager (CEM), and at least 2 years of experience performing energy efficiency audits or commissioning of existing buildings;
(3) At least 10 years of experience as a building operating engineer, or at least 5 years of experience as a chief operating engineer and one of the following:
(A) BOC International Building Operator Certification; or
(B) International Union of Operating Engineers Certified Energy Specialist; or
(4) Equivalent professional qualifications to manage, maintain, or evaluate building systems, as well as specialized training in energy efficiency audits and maintenance of building systems, as determined by the Director and set forth on the Department of Environment website.
(d) Energy Efficiency Audit Report. The energy professional shall prepare, sign, and deliver to the owner of the Nonresidential Building a report of the energy efficiency audit which meets or exceeds the reporting standards set forth in ASHRAE Procedures for Commercial Building Energy Audits (2011 or later), or equivalent as determined by the Director pursuant to this Section 2002 or Section 2006, as applicable. The signed report shall be delivered to the owner of the Nonresidential Building. In the course of meeting the relevant ASHRAE standards for communication, the energy efficiency audit report shall include:
(1) The date(s) that the audit was performed;
(2) A list of all retro-commissioning and retrofit measures available to the owner;
(3) An estimate of the approximate energy savings, avoided energy cost, and costs to implement each measure; and
(4) One of the following:
(A) A list of all retro-commissioning and retrofit measures available to the owner with a simple payback of not more than 5 years; or
(B) A list of all retro-commissioning and retrofit measures available to the owner with a positive net present value; or
(C) An integrated package of retro-commissioning and retrofit measures that in combination will equal or exceed the total combined reduction in energy consumption of implementing all retrofit and retro-commissioning measures with a simple payback of not more than 5 years.
(e) Tracking and benchmarking energy performance. Building owners shall use “EPA ENERGY STAR® Portfolio Manager” to track the total energy use of each Nonresidential Building and obtain an ENERGY STAR® Portfolio Manager Energy Performance Rating for each applicable entire Nonresidential Building according to the schedule provided in Section 2004.
(a) Annual Energy Benchmark Summary Reporting. The owner of every Building as defined in Section 2001 of this Chapter in the City shall annually file with the Department of the Environment an Annual Energy Benchmark Summary report (“AEBS”) for each Building using ENERGY STAR® Portfolio Manager and according to the schedule set forth in Section 2004. The AEBS shall be based on assessment in Portfolio Manager of the entire Building and related facilities, and must use 12 continuous months of data ending no earlier than two months prior to submittal to the Department of the Environment. Data required in the AEBS shall include, at a minimum:
(1) Descriptive Information. Basic descriptive information to track compliance with this Chapter 20, including but not limited to the Building address, the individual or entity responsible for the energy performance summary and energy efficiency audit, and similar information required by the Director for purposes of tracking and reporting compliance.
(2) Energy Benchmark Information.
(A) The ENERGY STAR® Portfolio Manager Energy Performance Rating for the Building, wherever applicable;
(B) The nonresidential building energy rating established by the State of California for the Building, if applicable;
(C) The weather-normalized energy use intensity per unit area per year (kBTU per square foot per year) for the Building;
(D) The energy use intensity per unit area per year (kBTU per square foot per year) for the Building;
(E) Energy consumption by fuel, including electricity, natural gas, and/or steam where applicable for the Building, on the same frequency as required by the California Energy Commission in Title 20 of the California Code of Regulations at Section 1683, or other applicable regulations, and specified on the Department of the Environment website;
(F) The annual carbon dioxide equivalent emissions due to energy use for the Building as estimated by ENERGY STAR® Portfolio Manager or other tools approved by the Director in a manner consistent with Department Climate Action Plan Reporting procedures;
(G) Similar metrics calculated by ENERGY STAR Portfolio Manager;
(H) Descriptive information required by Portfolio Manager to assess the property, such as facility gross square footage; and
(I) Additional data consistent with regulations adopted by the California State Energy Resources Conservation and Development Commission in implementation of California Public Resources Code 25402.10.
(b) Energy Efficiency Audit Reporting. The owner of every Nonresidential Building shall file a Confirmation of Energy Efficiency Audit for each Nonresidential Building with the Department of the Environment according to the schedule set forth in Section 2004 or Section 2006, as applicable. The Confirmation of Energy Efficiency Audit shall be limited to:
(1) Acknowledgement of the type of energy efficiency audit required for the Nonresidential Building.
(2) For the most recent energy efficiency audit meeting these requirements, a summary of:
(A) The date(s) that the audit was performed, along with affirmation by the energy professional and building owner that the audit meets the applicable standards;
(B) A list of all retro-commissioning and retrofit measures available to the owner with a simple payback of not more than 3 years, or with a beneficial net present value, or in an integrated package of measures;
(C) The sum of estimated costs, as well as the sum of estimated energy savings if the list of identified measures, and indication which measures at the option of the owner have been implemented; and
(D) An inventory of the significant energy-using systems and features of the Non-residential Building, utilizing the United States Department of Energy’s “Audit Template,” or equivalent as determined by the Director and set forth on the Department of the Environment website.
(c) Publication of Limited Summary Data. The Department of the Environment shall make available to the public, update at least annually, and report to the California Energy Commission for compliance with California Public Resources Code Section 25402.10, the following information:
(1) Summary statistics on energy use in Buildings in San Francisco derived from aggregation of Annual Energy Benchmark Summary reports, aggregation of Confirmation of Energy Efficiency Audits, and relevant additional aggregate data as available;
(2) Summary statistics on overall compliance with this Chapter 20;
(3) For each Building:
(A) The status of compliance with the requirements of this Chapter; and
(B) Annual summary statistics for the whole Building from the Annual Energy Benchmark Summary, including annual average energy use intensity, ENERGY STAR® Portfolio Manager Energy Performance Rating where available, California energy performance ratings if available, annual carbon dioxide emissions attributable to energy use in the Building, and additional data consistent with State regulations implementing California Public Resources Code 25402.10.
(4) For each Nonresidential Building:
(A) The minimum required ASHRAE level for an energy efficiency audit;
(B) The most recent date when an energy efficiency audit meeting the required ASHRAE level was completed;
(d) Tenant Notification. In order to engage Building occupants in efforts to save energy, Building owners must make the Annual Energy Benchmark Summary report available to all tenants occupying the Building.
(e) Individually-Metered Tenant Spaces. Where a unit or other space in a Building is occupied by a tenant and such unit or space is separately metered by a utility company, the owner of the Building shall acquire energy usage data for all meters in the Building solely for the purpose of benchmarking the energy performance of the Building as a whole, consistent with California Public Resources Code Section 25402.10. Nothing in this Chapter 20 shall require or in any way change the ability of a Building owner to report or disclose energy usage of individual tenants.
(f) Quality Assurance. To assist with the reliability and utility of Annual Energy Benchmark Summary and Confirmation of Energy Efficient Audit report data, as well as to verify good faith compliance with this Chapter 20, the Director shall have the authority to review relevant documents, including an ENERGY STAR® Statement of Energy Performance or equivalent, or Energy Efficiency Audit Report. The Director may promulgate regulations to require stamp and signature of such documents by an Engineer or Architect licensed to perform work in California. In the event an energy efficiency audit report or Statement of Energy Performance is found to have failed to meet the criteria in Section 2002(a) through (d), the Director may apply the administrative penalties specified in Section 2009, and the Building owner shall correct the errors and resubmit the energy efficiency audit report or Statement of Energy performance within 45 days of being notified by the Director of the insufficiencies of the original submission. Any energy-related information obtained in the course of Quality Assurance beyond items explicitly required to be made public in Section 2003(c) shall remain confidential to the extent permitted by law, unless designated in writing by the building owner to be public or otherwise demonstrated to be common knowledge.
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