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(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.