BuildingRating

Sharing Transparency for a More Efficient Future

South Portland, Me

Policy Description:

On January 4, 2017 the South Portland City Council passed its Energy and Water Use Performance Benchmarking ordinance. The ordinance applies to certain municipal, commercial, and multifamiy buildings in the Mill Creek area of South Portland. The area includes the Village Extension (VE), Broadway Corridor (BC), and Mill Creek Core (MCC) zoning districts. Owners of covered buildings must complete annual benchmarking reports on their buildings' energy and water use. Every five years, owners must also have a licensed professional engineer produce a verification report (called an energy audit in the ordinance, though not used in the engineering sense of the term) that consists of a review of the owner’s meter data for up to the most recent three years and documentation of errors and suggestions for how to correct them.

Enacted Date:
2017
Authority in Charge:
City of South Portland
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 5,000 Sq. Feet 2018-05-01
Non-Residential Greater Than or Equal To 5,000 Sq. Feet 2018-05-01
Multi-Family Greater Than or Equal To 10 Dwellings 2018-05-01
Notes:
Benchmarking requirements only apply to buildings in the Village Extension (VE), Broadway Corridor (BC), and Mill Creek Core (MCC) zoning districts.
Exemptions:
The Sustainability Coordinator shall grant a waiver from a requirement of this section if he/she determines that either, (1) due to special circumstances unique to the applicant’s facility and not based on a condition caused by actions of the applicant, strict compliance with provisions of this section would cause hardship, or (2) an application for a permit to substantially remodel or demolish the facility will be filed not later than 6 months after the time of sale.
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Notes:
The South Portland Sustainability Coordinator shall make available to the public and update at least annually, the following information: (a) Summary statistics on Energy consumption for Covered Properties derived from aggregating Benchmarking Information; (b) Summary statistics on overall compliance with this section; (c) For each Covered Property: (1) The status of compliance with the requirements of this section; (2) Annual summary statistics for the Covered Property, including EUI, annual greenhouse gas emissions, water use per square foot, and an Energy Performance Score where available; and (3) A comparison of Benchmarking Information across calendar years for any years such Covered Property has input the total Energy consumed and other descriptive information for such Properties.
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
Yes
Notes:
Owners of each Covered Property shall complete and submit a benchmarking verification report (called an energy audit in the ordinance) to the Sustainability Coordinator within five years of the first annual benchmarking report deadline, and every five years thereafter. The report must meet the following criteria: (a) Must be performed by a licensed professional engineer every five years. (b) Shall consist of a review of the owner’s meter data for up to the most recent three years, as appropriate, and include a determination as to whether accurate data is being used and whether the Portfolio Manager tool is being appropriately applied. Any inconsistencies shall be documented and recommendations for corrections shall be provided. A benchmarking verification report is not required if: (a) The building is to be fully demolished within six months of when the assessment or action would otherwise be due. (b) The building is fully vacant for the five-year period.

Compliance:

Compliance Enforcement:
Yes
Notes:
Notwithstanding relevant ordinance provisions with fee requirements to the contrary, the Owner of a Covered Property for which at least one Energy Performance Report has been issued, and which the South Portland Sustainability Coordinator deems is in compliance with the Energy and Water Use Benchmarking provisions, shall, for however long a period such compliance is maintained, be excused from paying the first $5,000 per project of any building, electrical, plumbing, demolition, site plan, or other City application, review, or inspection fee(s) associated with building construction or redevelopment on the Covered Property. In addition, to the extent otherwise allowed by law, the Owner of a Covered Property in compliance with these provisions shall also be eligible for any financial incentives, reduced interest loans, assistance with the cost of meters that would aid in the collection of whole-building data by owners, or other programs the City of South Portland may provide associated with improving energy and water efficiency and/or meeting the objectives of the City’s Climate Action Plan.
Additional Program Information:
Audits:
No
Retrocommissioning:
No
Water Use Tracking:
Yes