Part 3 — BENCHMARKING AND SELF-REPORTING

A.

For every Property subject to this Chapter, the Owner shall annually collect data related to the building's Energy and water usage according to the latest guidance under Building Energy Use Data Access, Benchmarking, and Public Disclosure Regulations, California Code of Regulations, Title 20, Division 2, Chapter 4, Article 9, Section 1680, and following, including, but not limited to, those related to obtaining customer consent.

B.

The Owner shall annually submit to the Department an Energy and Water Benchmarking Report according to the schedule set forth in Part 5 together with the fees as established by resolution of the Council. The Energy and Water Benchmarking Report shall be based on an assessment in the ENERGY STAR® Portfolio Manager of the total Energy and water consumed by the whole building for the entire calendar year being reported. The Energy and Water Benchmarking Report shall, at minimum, include the following:

Descriptive Information. Basic descriptive information to track and report a building's compliance with this Chapter, including, but not limited to, the building address, facility gross square footage, property type, and the individual or entity responsible for the Benchmarking Report.

Energy and Water Benchmarking Information. Information necessary to Benchmark Energy and water usage shall be determined by the Department and shall include, at a minimum, the following data:

a.

The ENERGY STAR® Portfolio Manager ENERGY STAR® Score for the building, where available;

b.

The weather-normalized site and source Energy Use Intensity (EUI) per unit area per year (kBTU per square foot per year) for the building;

c.

The site and source Energy Use Intensity (EUI) per unit area per year (kBTU per square foot per year) for the building;

d.

The annual carbon dioxide equivalent emissions due to Energy use for the building as estimated by ENERGY STAR® Portfolio Manager;

e.

The US EPA Water Score for the building, where available;

f.

Indoor water use, indoor water intensity, outdoor water use (when available), and total water use; and

g.

Number of years the building has been ENERGY STAR® Certified and the last approval date, if applicable.

C.

Nothing in this Chapter permits an Owner to use tenant utility usage data for purposes other than compliance with Benchmarking Report requirements. The reporting requirements of this Chapter are in addition to any federal or state laws governing direct access to, and publication of, tenant utility data.

(Ords. 30197, 30550.)

The Owner shall run all automated data quality checker functions available within ENERGY STAR® Portfolio Manager and shall correct all missing or incorrect information as identified by ENERGY STAR® Portfolio Manager prior to submitting the Benchmarking Report to the Department.

(Ord. 30197.)

A.

The Owner may receive an exemption from filing a Benchmarking Report for a reporting year if any of the following conditions apply:

The Property did not have a Certificate of Occupancy or Temporary Certificate of Occupancy for the entire calendar year required to be Benchmarked;

The entire Property was not occupied, due to renovation, for the entire calendar year required to be Benchmarked;

The demolition permit for the entire Property has been issued and demolition work has commenced on or before the date the Benchmarking Report is due for that calendar year;

The Property did not receive Energy or water services for the entire calendar year required to be Benchmarked;

The Property is in Financial Distress; or

The disclosure of the Property Energy or water use data would result in the release of proprietary information that can be characterized as a trade secret or would otherwise violate a customer's right to privacy under the California Constitution or other applicable law.

B.

Any Owner requesting an exemption under this Section shall, by April 1 in the year for which the exemption is being requested, submit to the Director of the Department any documentation reasonably necessary to substantiate the request or otherwise assist the Director of the Department in the exemption determination. Any exemption granted will be limited to the Benchmarking submission for which the request was made and does not extend to past or future submittals.

C.

For each reporting cycle, the Department shall determine whether an exemption under this Section applies to a building. Appeal of a determination that a building is not exempt shall be made according to the procedures set forth in Part 6.

(Ord. 30197.)

The Department shall make at least the following information available to the public on the internet, as reported by Owners, and update the information at least annually:

A.

Summary statistics on overall compliance with this Chapter;

B.

Summary statistics on overall Energy and water consumption of Properties subject to this Chapter derived from aggregation of annual Benchmarking Reports; and

C.

For each Property subject to this Chapter:

Property address and property use type;

Annual summary statistics for the whole Property derived from the submitted Benchmarking Report, including all information required under Section 17.85.300, except for Subsection B.2.g.; and

The status of compliance with the requirements of this Chapter.

(Ord. 30197.)