BuildingRating

Sharing Transparency for a More Efficient Future

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Policy Description:

On July 11, 2016, the Mayor and Council amended the Rockville City Code to allow Montgomery County’s building energy use benchmarking requirements to apply within the City of Rockville and be administered by Montgomery County Department of Environmental Protection. Montgomery County’s benchmarking program requires owners of certain types of non-residential buildings 50,000 square feet and greater, or a group of buildings that share a parcel (have the same Tax ID) that are collectively 50,000 square feet or greater, to benchmark energy use in ENERGY STAR Portfolio Manager; have data verified by a Recognized Data Verifier the first year and every three years thereafter; and report data to the County annually for public disclosure. Under the proposed ordinance, Rockville properties will have the same benchmarking requirements and access to technical and financial resources as other properties in Montgomery County.

Enacted Date:
2016
Authority in Charge:
Montgomery County Department of Environmental Protection
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 50,000 Sq. Feet 2017-06-01
Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2017-06-01
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Recipients:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
Yes
Notes:
Before the first benchmarking deadline required by Section 18A- 39, and before each third benchmarking deadline thereafter, the owner of each covered building must assure that reported benchmarking information for that year is verified by a recognized data verifier. The verification must be a signed statement by a recognized data verifier attesting to the accuracy of the information. If the Director requests, the owner of a covered building must produce the statement available for the most recent year in which verification was required. (b) Alternative Verification Path. The Director may waive the verification requirement under this Section if the owner can demonstrate that the building has achieved ENERGY STAR Certification for at least 6 months of the year being benchmarked.

Compliance:

Compliance Enforcement:
Yes
Policy Description:

In December 2011, Governor Robert Bentley issued Executive Order 25 requiring that all state departments and agencies select an Energy Officer to analyze and recommend energy savings procedures and measures to reduce energy consumption by 30% from 2005 levels by 2015. All state agencies are also required to use the U.S. Environmental Protection Agency's ENERGY STAR Portfolio Manager to benchmark the energy efficiency of their buildings.

 

Authority in Charge:
State of Alabama
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL
Notes:
All facilities owned by state departments and agencies are required to benchmark their energy consumption.
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
Yes

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Additional Information:
Agencies must reduce energy consumption by 30% from 2005 levels by 2015
Policy Description:

Arkansas Act 1494 of 2009 requires all state agencies that pay utility bills to submit benchmarking reprots through Energy Star Portfolio Manager. 

Authority in Charge:
Arkansas Energy Office
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL 2017-03-16
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Area of Buildings in Compliance:
25,000,000 Sq. Feet
Additional Program Information:
Audits:
Yes
The Arkansas Energy Office was required to conduct an energy audit of every state agency within 5 years of the legislation's adoption.
Atlanta, Georgia
Policy Description:

The Commercial Buildings Energy Efficiency Ordinance (No. 15-O-1101) was unanimously passed by the Atlanta City Council on April 21, 2015. Authored by the Mayor’s Office of Sustainability, the ordinance aims to reduce the city’s energy footprint while creating jobs. The City projects that the ordinance will drive a 20 percent reduction in commercial energy consumption by the year 2030, spur the creation of more than 1,000 jobs a year in the first few years, and reduce carbon emissions by 50 percent from 2013 levels by 2030.

Atlanta’s Commercial Buildings Energy Efficiency Ordinance addresses energy use in private and City-owned buildings over 25,000 square feet in size - 2,350 buildings that, as a whole, currently represent 80 percent of the city’s commercial sector. Participating buildings will be phased in, beginning with municipal buildings in 2015 and expanding to include private buildings in 2016.

Under the legislation, building owners of the designated buildings are required to benchmark and report to the City their properties’ energy use annually. Utilizing the data collected, building owners will complete an energy audit once every 10 years. An energy audit is a detailed assessment of how a building could improve its performance through upgrading its equipment and systems. In addition, building performance data collected under the benchmarking initiative will be made transparent to the public to allow the market to recognize, reward, and drive increased demand for high-performing buildings. 

Enacted Date:
2015
Authority in Charge:
Atlanta Mayor's Office of Sustainability
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 10,000 Sq. Feet 2015-04-30
Multi-Family, Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2015-08-01
Multi-Family, Non-Residential Greater Than or Equal To 25,000 Sq. Feet 2017-06-01
Number of Buildings Affected:
2,900
Floor Area Affected:
402,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Recipients:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Notes:
Benchmarking information is not made publicly available for buildings with Energy Star scores below 55.
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Written notice of first violation; Fine of $1,000 if 30 days late, an additional $1,000 every year thereafter
Additional Program Information:
Audits:
Yes
ASHRAE Level 2 audits for all covered buildings Cycle: Every 10 years Performance Exemptions: Energy Star Certification; EUI 25% better than similar building average; Improvement by 15%; LEED EBOM Certification
Water Use Tracking:
Yes
Austin, Texas, photo by Randall Stevens
Policy Description:

On Nov. 6, 2008, the Austin City Council approved the Energy Conservation Audit and Disclosure Ordinance (#20081106-047), one of the most aggressive pieces of building energy efficiency legislation in the nation. It requires building energy rating and disclosure for nonresidential facilities and mandatory energy audits for homes and apartment complexes. Some apartment complexes are also required to undergo energy retrofits. The ordinance became effective in June 2009. It supports former Austin Mayor Will Wynn's Climate Protection Plan, launched in 2007, that aims to offset 700 megawatts of peak energy demand by 2020 to reduce Austin's carbon footprint. The ordinance was crafted by the Austin Energy Efficiency Retrofit Task Force with input from local realtors and other parties. The law requires energy audits and upgrades in addition to a commercial building energy rating and disclosure mandate. Effective June 1, 2009, residences with four or fewer units, including all single-family homes, must complete an energy audit prior to the sale of the property and provide a copy of the results of the audit to prospective purchasers. A range of exemptions are available, including for homes built within 10 years of the sale date, all condominiums or voluntary participation in some Austin Energy Utility programs. Audits are valid for 10 years. Apartment buildings older than 10 years must have an energy audit by June 1, 2011, while buildings less than 10 years old are required to perform an audit within 10 years of the completion of construction. The results of the audit must be posted within the building and provided to prospective tenants and buyers. Additionally, "high energy-use" properties consuming more than 150% of the average multifamily energy use per SF in Austin must make energy retrofits within 18 months to bring the property to within 110% of the average.

Enacted Date:
2008
Authority in Charge:
Director of the Austin Electric Utility
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Non-Residential Greater Than or Equal To 75,000 Sq. Feet 2012-06-01
Non-Residential Greater Than or Equal To 30,000 Sq. Feet 2013-06-01
Non-Residential Greater Than or Equal To 10,000 Sq. Feet 2014-06-01
Multi-Family Greater Than or Equal To 5 Dwellings 2011-06-01
Single-Family ALL 2009-06-01
Public/Government Greater Than or Equal To 10,000 Sq. Feet 2014-06-01
Number of Buildings Affected:
2,800
Floor Area Affected:
113,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Recipients:
Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required)
Required Transparency:
Yes
Recipients:
Lessees
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Rent (required)
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually

Utility Requirements/Support:

Utility Requirements/Support:
Yes
Notes:
Works with municipal utility Austin Energy. Properties may be exempted if they participated in a utility rebate program.

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Proof of culpable mental state is not required for a fine of up to $500. If a person acts with criminal negligence, a fine of up to $2,000 may be assessed.
Notes:
Exemptions are allowed when: a) 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 chapter would cause undue hardship; b) due to exhaustion of reasonable energy efficiency measures, full compliance would require performance of work excluded from the scope of Section 6-7-23(B); c) application for a permit to substantially remodel or demolish the facility will be filed not later than 6 months after the time of sale; and in the case of a remodel, the owner and the purchaser of the facility have entered into a binding agreement whereby the purchaser of the facility agrees to complete an energy audit within a specified period of time after remodel of the facility is complete; d) the director determines that the facility cannot be adequately evaluated using currently available audit or rating tools; or e) by filing an application with the director
Additional Program Information:
Audits:
Yes
Retrocommissioning:
No
Water Use Tracking:
No
Sydney, Australia, photo by Taras Vyshnya
Policy Description:

The Commercial Building Disclosure program came into effect on 1 November 2010. Transitional arrangements were in place for the first year of operation. On 1 November 2011 full disclosure arrangements came into effect. This means that a Building Energy Efficiency Certificate(BEEC) must be obtained by a building owner or lessor when commercial office space with a net lettable area over 2,000 square meters is advertized for sale or lease. A BEEC is composed of three elements: 1) A NABERS Energy star rating for the building 2) An assessment of tenancy lighting in the area of the building that is being sold or leased 3) General energy efficiency guidance The Commercial Building Disclosure program is a legislative program underpinned by the Building Energy Efficiency Disclosure Act (2010). Civil penalty regimes apply for non-compliant properties.

Enacted Date:
2010
Authority in Charge:
Australian Government Department of Industry
Tool Name:
NABERS
Building Types Affected Size Compliance Deadline
Non-Residential Greater Than 2,000 Sq. Meters
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers, Lessees
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Notes:
The Secretary may grant an exemption from an energy efficiency disclosure obligation: (a) if the building, or the area of the building, in relation to which the obligation would otherwise apply is used for police or security operations; or (b) if, because of the characteristics of the building or the area of the building in relation to which the obligation would otherwise apply, it is not possible to assign an energy efficiency rating to the building, or assess the energy efficiency of lighting of the building or the area of the building in accordance with assessment methods and standards determined under section 21; or (c) in a case of any other class prescribed by the regulations.
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Vienna, Austria, photo by Creativemarc
Policy Description:

Federal Act on the obligation to provide an Energy Performance Certificate for the sale and in-stock-transfer of buildings and use objects.

Enacted Date:
2012
Authority in Charge:
Austrian Federal Ministry of Justice
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Non-Residential ALL 2008-01-01
Public/Government ALL
Exemptions:
Coverage applies to new construction and existing-renovations.
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Brussels, Belgium, photo by LENS68
Policy Description:

1) Order on EPCs for dwellings of 17/02/2011 (""Arrêté du Gouvernement de la Région de Bruxelles-Capitale relatif au certificat PEB établi par un certificateur pour les habitations individuelles"", [C − 2011/31104]): for dwellings.
2) The Royal Decree for the Brussels Capital Region from 27/05/2010: for public buildings.
3) The Royal Decree for the Brussels Capital Region from 17/02/2011: for tertiary buildings.
4) Order on certifiers agreement of 17/02/2011 (""Arrêté du Gouvernement de la Région de Bruxelles-Capitale relatif à l’agrément des certificateurs qui établissent un certificat PEB ou un certificat PEB Bâtiment public"", [C - 2011/31105]).

Enacted Date:
2008
Authority in Charge:
Ministry of Government of the Brussels Capital Region in charge of Environment, Energy and Water Politics
Tool Name:
Building Energy Performance Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Non-Residential ALL 2011-05-01
Public/Government Greater Than 1,000 Sq. Meters 2010-07-01
Exemptions:
For public buildings, the energy performance certificate is only valid 1 year and has to be updated every year by a certifier. For tertiary buildings, the energy performance certificate is valid 10 years if no modifications of the energetic aspect are made.
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Fines, sanctions, suspension or cancelation of the agreement for the building
Flanders, Belgium, photo by Elena Shchipkova
Policy Description:

1) Energy Decree of 8 May 2009 (published in the Moniteur Belge / Belgisch Staatsblad of 7 July 2009); 2) Energy Decision of 19 November 2010 (published in the Moniteur Belge / Belgisch Staatsblad of 8 December 2010); 3) Different ministerial decisions, 2006-2010.

Enacted Date:
2008
Authority in Charge:
Flemish Ministry of Energy, Living, Cities and Social Economy
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family ALL 2006-01-01
Non-Residential ALL 2006-01-01
Public/Government ALL 2009-01-01
Exemptions:
These compliance deadlines are for new construction. For existing buildings, the compliance deadlines are as follows: Single-Family and Multi-Family: 2008-11-01 Non-Residential: 2016-01-01 Public/Government: 2009-01-01
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
€500 - €5000 fine
Wallonia, Belgium, photo by Sergy Dzyuba
Policy Description:

Order of the Walloon government of the 03/12/2009, modified on 27/05/2010

Authority in Charge:
Ministry of the Walloon government for sustainable development and the public service
Tool Name:
Building Energy Performance Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family ALL 2010-06-01
Public/Government Greater Than 1,000 Sq. Meters 2010-06-01
Exemptions:
For new buildings, the energy performance certificates are prepared by a civil servant or agent appointed by the Walloon Government, based on the EPB declaration. For existing buildings, the energy performance certificate (when needed) has to be made by an EPB certifier. For residential buildings, one energy performance certificate is needed per individual housing unit (apartment, studio,...). Every energetic audit realized before 31/12/2010 is equivalent to an energy performance certificate during 5 years (energy audit conducted by a recognized energy expert). The energy performance certificate is valid 10 years if no modifications of the energetic aspects are made. The compliance deadlines for Public/Government buildings are as follows: New Construction: 2010-06-01 Existing - Renovations: 2014-04-30
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Invalidity of the certificate • Administrative fine (between 250€ and 50,000€ for the person concerned, depending on the circumstances)
Policy Description:

Berkeley Energy Savings Ordinance (No. 7397) was adopted into law by unanimous consent on March 10, 2015. The ordinance will require energy assessments at time of sale for medium, small, and single family buildings, and will phase-in all buildings by building size and year, with the exception of single family homes (1 to 4 units). This energy and water efficiency information will provide Berkeley property owners and potential buyers with an efficiency road map tailored for their building and link them to valuable incentives and resources provided through utility rate-payer efficiency funds. The goal of BESO is to accelerate greenhouse gas emissions reductions to help owners meet their Climate Action goals, save money on utility bills, and improve occupant health and comfort. The current ordinances RECO and CECO (Residential Energy Conservation Ordinance, 1987 and Commercial Energy Conservation Ordinance, 1994) will be phased out as BESO takes full effect on December 1, 2015.

Authority in Charge:
Office of Energy & Sustainable Development
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Single-Family Less Than or Equal To 4 Dwellings 2015-12-01
Multi-Family, Non-Residential, Public/Government Greater Than or Equal To 50,000 Sq. Feet 2016-10-01
Multi-Family, Non-Residential, Public/Government Greater Than or Equal To 25,000 Sq. Feet 2017-10-01
Multi-Family, Non-Residential, Public/Government Greater Than or Equal To 15,000 Sq. Feet 2018-10-01
Multi-Family, Non-Residential, Public/Government Greater Than or Equal To 5,000 Sq. Feet 2019-10-01
Multi-Family, Non-Residential, Public/Government ALL 2020-10-01
Exemptions:
Buildings with less than 25,000 Sq. Feet are required to be in compliance at time of sale, or within 12 months when a lender acquired title, or by the dates specified. The requirement at sale may be transferred to the buyer and deferred 12 months under certain provisions. Buildings over 25,000 Sq. Feet required to perform an annual ENERGY STAR Performance Report and an Energy Report every 5 years in accordance with the phase-in schedule and no later than October 1 every year after. Buildings under 25,000 Sq. Feet and larger than 5,000 Sq. Feet are required to perform a Energy Report according to the phase-in schedule and every 8 years after. Buildings under 5,000 Sq. Feet are required to perform a Energy Report according to the phase-in schedule and every 10 years after.
Number of Buildings Affected:
257
Floor Area Affected:
13,700,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Report to Recipient
Recipients:
Tenants, Buyers, Lessees
Transparency Trigger:
Point of Transaction
Frequency:
Annually
Transparency Trigger Events:
Purchase/sell (on demand), Rent (on demand)
Required Transparency:
Yes
Transparency Method:
Report to Recipient
Recipients:
Government
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually
Required Reporting:
Yes
Reporting Trigger:
Time of Transaction
Reporting Trigger Events:
Purchase/sell (required), Rent (required)
Required Reporting:
Yes
Reporting Trigger:
Time of Transaction
Reporting Trigger Events:
Purchase/sell (required), Rent (required)

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Owners that fail to comply with the ordinance may be subject to a fine of $100 for each violation, and an additional fine of up to $25 for each day that the violation continues, up to a maximum of $1,000 per violation
Additional Program Information:
Audits:
Yes
Upon full implementation, all existing buildings in Berkeley, regardless of size, will be required to undergo an energy audit at the time of sale or within certain time intervals as specified in the ordinance, whichever comes first. Large commercial, multifamily, and mixed-use buildings over 25,000 square feet will be required to report a performance benchmarking score or energy use intensity score annually while conducting and sharing an energy audit every five years or at the time of sale. For medium commercial, multifamily, and mixed-use buildings between 5,000 square feet and 24,999 square feet, energy audits must be conducted every eight years or at the time of sale, and for buildings of this type under 5,000 square feet, an energy audit is required every 10 years or at the time of sale. Performance Exemptions: Certification of high performance; Completion of a multi-measure energy project; Newly built or renovated within prior 10 years
Water Use Tracking:
Yes
Policy Description:

On October 18, 2016 the Pittsburgh City Council passed bill number 2016-0829, adopting benchmarking and transparency for city buildings and non-residential buildings with indoor floor space of 50,000 square feet or more. Non-residential portions of mixed use buildings are also covered by the policy if those non-residential portions have an indoor floor area greater than or equal to 50,000 square feet. Covered buildings will be required to benchmark and report their energy and water consumption annually.

Enacted Date:
2016
Authority in Charge:
Pittsburgh Department of Innovation and Performance
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL 2017-06-01
Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2018-06-01
Notes:
All non-residential portions of any mixed-use building where a total of at least 50,000 square feet of indoor floor space is devoted to any non-residential use must be benchmarked and reported to the City.
Exemptions:
Buildings that are primarily used for manufacturing or other industrial purposes for which benchmarking results would not meaningfully reflect the building's energy use characteristics due to the intensive use of process energy.
Number of Buildings Affected:
861
Floor Area Affected:
164,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Transparency Trigger:
Date Certain
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Additional Program Information:
Water Use Tracking:
Yes
Boston, Massachusetts, photo by Sean Paveone
Policy Description:

In 2010, the Boston Climate Action Leadership Committee, a multi-sector task force, recommended policy action on the buildings sector to Mayor Tom Menino. Shortly thereafter, the mayor launched the Boston Climate Action Plan, an ambitious blueprint for aggressively reducing the city's greenhouse gas emissions by 2050. As a corollary to this climate plan, the Building Energy Reporting and Disclosure Ordinance was filed with the Boston City Council on February 22, 2013. The ordinance aimed to publicize the energy and water performance of Boston's buildings, and oblige the poor performers to undertake measures that could help lead to increased efficiency of utility usage. In order to lead by example, the city benchmarked its building stock with Energy Star Portfolio Manager, and publicly disclosed the results in the summer of 2013. The ordinance requires that buildings report energy use, greenhouse gas emissions, and water use to the city using Portfolio Manager (or an equivalent tool, as approved by the Air Pollution Control Commission). Buildings registering poor energy, emissions, and water performance--and not demonstrating improvement--will be required to undertake energy assessments or audits every five years. However, owners are not required to act on the results of an audit.

Enacted Date:
2013
Authority in Charge:
Air Pollution Control Commission
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL 2013-06-15
Multi-Family Greater Than or Equal To 50,000 Sq. Feet 2015-05-15
Multi-Family Greater Than or Equal To 50 Dwellings 2015-05-15
Multi-Family Greater Than or Equal To 35,000 Sq. Feet 2017-05-15
Multi-Family Greater Than or Equal To 35 Dwellings 2017-05-15
Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2014-09-15
Non-Residential Greater Than or Equal To 35,000 Sq. Feet 2016-05-15
Exemptions:
On May 14, Mayor Walsh signed an amendment to extend the 2014 reporting deadline to September 15th (originally it was May 15th), providing additional flexibility for implementation in the first year. Threshold also includes two or more non-residential buildings on the same parcel that equal or exceed 100,000 gross square feet.
Number of Buildings Affected:
1,600
Floor Area Affected:
250,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Recipients:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually

Utility Requirements/Support:

Utility Requirements/Support:
Yes
Notes:
Building owners may authorize an energy or water utility or other third party to report building-specific data on their behalf to the Commission.

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
$75 to $200 per day for owners. Maximum annual fine is $3,000. Non-residential tenants may be fined up to $35 at a time for failing to supply building owners with their energy data. Residential tenants will not be fined.
Compliance Rate (Based on Building Area):
84% (2014)
Notes:
In the case of non-compliance, warning notice is mailed to the building owner, indicating 30 days to comply or request a hearing. Failure to comply with the notice of violation or adverse hearing decision may result in fines based on square footage of property. Fines also listed for non-residential tenants who fail to comply.
Additional Program Information:
Audits:
Yes
All buildings covered by the energy rating requirements must also conduct a periodic energy assessment (audit) or energy action once every 5 years. Energy assessment requirements are based on ASHRAE energy audit standards. Energy actions may include significant investments in energy efficiency, development of comprehensive energy management plans, retrocommissioning of energy systems, and similar actions. Exceptions are based on the following criteria: Energy Star rating of 75 or above; LEED Certification, pattern of significant improvement in energy efficiency or greenhouse gas emissions; a building's comprehensive energy management plan or inclusion in an institutional comprehensive energy management plan; or other factors that recognize the complexity of buildings and building management
Water Use Tracking:
Yes
Policy Description:

Adopted by the Boulder City Council on October 20, 2015, the Boulder Building Performance Ordinance (No. 8071) requires owners of commercial and industrial buildings to do the following:

1. Annually rate and report the energy use of their buildings;

2. Perform periodic energy assessments;

3. Perform periodic retrocommissioning and implement cost effective energy efficiency measures; and

4. Implement one-time lighting upgrades.

The policy also requires city buildings over 5,000 square feet and new buildings over 10,000 square feet to perform the above actions.

Industrial campuses served by one central plant where the buildings aren't individually metered must comply with custom requirements. They must annually give Xcel Energy permission to aggregate their campus' energy use with other campuses by fuel type. This aggregated information is then shared with the city. Campuses must also email a narrative to the City of Boulder that will be shared with the public. The narrative includes: Campus energy usage and emission reduction goals and a summary of energy efficiency or on-site renewable energy projects implemented in the reporting year that the owner would like to share with the public. Finally, campuses must share the following information with the city via in-person meeting: a qualitative comparison of energy usage in the reporting year with the preceding year and an explanation of the reasons for any changes and a calculation of the percentage of total energy savings during the reporting year. 

Enacted Date:
2015
Authority in Charge:
City Manager
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 5,000 Sq. Feet 2016-05-01
Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2016-08-01
Non-Residential Greater Than or Equal To 30,000 Sq. Feet 2018-06-01
Non-Residential Greater Than or Equal To 20,000 Sq. Feet 2020-06-01
Exemptions:
New buildings over 10,000 square feet must report benchmarking data by August 1, 2016. Large industrial campuses must report by June 1, 2016.
Number of Buildings Affected:
475
Floor Area Affected:
26,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Recipients:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
Yes

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Failure to comply with the ordinance can result in fines of $0.0025 per square foot up to $1,000 per day of non-compliance.
Additional Program Information:
Audits:
Yes
Energy audits, called energy assessments in Boulder's ordinance, are required every ten years. Performance Exemptions: Energy Star Certification; LEED O+M; Pattern of significant improvement in efficiency or GHG emissions
Retrocommissioning:
Yes
Buildings must perform retrocommissioning every ten years and within two years of the completion of the study must implement retrocommissioning measures that are likely to produce energy and maintenance savings in a two year period in excess of the cost of implementing the measure, less the cost of any rebates. Performance Exemptions: Energy Star Certification; LEED O+M; Pattern of significant improvement in efficiency or GHG emissions
Additional Information:
Boulder requires every owner of a covered property to implement a one-time lighting upgrade within 5 years of the first benchmarking deadline.
Policy Description:

As the largest country and economy in Latin America, Brazil is emerging as a leader in energy efficiency in the building sector. The country’s massive, quasi-governmental utility company, Elecrobras, created an energy benchmarking tool a decade ago.

Procel Edifica was established in 2003 to promote responsible energy use, using energy modeling to compare the efficiency of commercial and residential buildings. A labeling program for public buildings (Procel EPP) has recently been added to the repertoire.

The program rates energy performance through a simulation of that performance (an asset rating). It evaluates the envelope, lighting, and HVAC system of a new or existing building, and rates it on a 5-point scale from A to E. This practice is currently voluntary, but nationally available in Brazil.

National Energy Efficiency Plan [in Portuguese] has projected that efficiency labeling of buildings with Procel Edifica will be mandatory in 10-20 years. Still, Brazil’s booming real estate sector is able to take advantage of a sophisticated rating system right now.

Enacted Date:
2007
Authority in Charge:
Electrobas (quasi-governmental utility company)
Tool Name:
Procel Edifica
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Non-Residential, Public/Government ALL
Exemptions:
This is a voluntary regulation for energy labeling.
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Policy Description:

The Building Code of Australia (BCA) 2010 requires a minimum 6-star NatHERS rating for new residential houses and apartments. This standard was phased in on individualized time-frames for Australian states and territories. There are other largely voluntary rating programs in use in Australia, most of which are designed and monitored at the state and territory level. In addition, there are numerous energy rating tools which are used in compliance with national home energy rating standards.

Authority in Charge:
Australian Building Codes Board (ABCB)
Tool Name:
NatHERS
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family ALL
Transparency:
Required Transparency:
Yes
Recipients:
Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Policy Description:

On January 30, 2017 St. Louis, Missouri adopted the Building Energy Awareness Ordinance, requiring owners of large buildings to measure and report the energy and water use of their properties. 

The ordinance addresses energy use in existing municipal, commercial, and multifamily residential buildings greather than or equal to 50,000 square feet. Under the ordinance, these building owners will be required to track whole-building energy and water use and report it to the city annually.

Participating buildings will be phased in, starting with municipal buildings greater than or equal to 50,000 square feet reporting for the first time by December 31, 2017 and then every April 1 thereafter. Private commercial and multifamily residential buildings greater than or equal to 50,000 square feet must report by April 1, 2018 and every every April 1 thereafter. 

Under the legislation, owners of the designated buildings will be required to annually benchmark and report to the city their properties’ energy use via the U.S. Environmental Protection Agency’s ENERGY STAR Portfolio Manager tool. That reported benchmarking data will be made available to the public on a phased schedule starting in 2018.

Enacted Date:
2017
Authority in Charge:
St. Louis Building Division
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 50,000 Sq. Feet 2017-12-31
Multi-Family, Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2018-04-01
Exemptions:
An extension of the benchmarking submission date or an exemption from the benchmarking requirements to the owner of a covered property that submits a request, together with documentation in a form prescribed by the Commissioner's rule, at least thirty days prior to any benchmarking submission deadline, establishing any of the following criteria: 1) The property does not have a certificate of occupancy or temporary certificate of occupancy for all 12 months of the calendar year being benchmarked. 2) A demolition permit was issued during the prior calendar year, provided that demolition work has commenced and energy-related systems have been significantly compromised. 3) The covered property had average physical occupancy of less than 50 percent throughout the calendar year for which benchmarking is required. 4) The Commissioner determines that, 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 ordinance would cause financial hardship or would not be in the public interest. 5) The property is primarily used for manufacturing or other industrial purposes for which benchmarking results would not meaningfully reflect covered property energy use characteristics due to the intensive use of process energy. 6) The owner is unable to benchmark due to the failure of either a utility or a tenant (or both) to report the information necessary for the owner to complete any benchmarking submittal requirement. 7) The property is primarily multifamily residential, it is not master metered, and the serving electric utility does not provide data aggregation services or access to whole-building utility data. Once such services are available from the utility, as determined by the director, such buildings will no longer be exempt from benchmarking requirements, and shall file initial benchmarking reports in the first required reporting year following such data availability.
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
Yes
Notes:
The owner of a covered property shall run all data through all data quality assurance tools within the ENERGY STAR Portfolio Manager and correct all missing or incorrect information identified by the tool.

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
If benchmarking information is not reported within 60 days after a written warning is issued, the owner is subject to a fine of at least $50 and not more than $200. Each day of the violation is a separate offense. Cumulative fine cannot exceed $1,000.
Additional Program Information:
Audits:
No
Retrocommissioning:
No
Water Use Tracking:
Yes
Sofia, Bulgaria, photo by SJ Travel Photo and Video
Policy Description:

1) Regulation No. RD-16-1057 / 10.12.2009; 2) Regulation No. RD-16-1058 / 10.12.2009; 3) Energy Efficiency Act (2013)

Authority in Charge:
Ministry of Economy, Energy and Tourism; Ministry of Regional Development and Public Works
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Non-Residential, Public/Government ALL
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Fine
Sacramento, Calif., photo by Andrew Zarivny
Policy Description:

The state of California passed Assembly Bill 802 in September 2015. The law requires the California Energy Commission to adopt regulations providing for public transparency of benchmarking energy use data for commercial and multifamily buildings.  The law also require that utilities by January 1, 2017 provide whole-building aggregated energy use data to owners of commercial buildings with three or more active utility accounts and to owners of multifamily buildings with five or more accounts.

In 2008 the state of California passed AB 758 calling for the development of a statewide effort to reduce energy consumption in existing buildings, including a California-specific building performance rating and labeling program. The state-wide program compliments an annual benchmarking policy for commercial buildings in San Francisco.

Enacted Date:
2015
Authority in Charge:
California Energy Commission
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Non-Residential Greater Than or Equal To 50,000 Sq. Feet
Multi-Family Greater Than or Equal To 50,000 Sq. Feet
Number of Buildings Affected:
20,573
Floor Area Affected:
2,400,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Recipients:
Government, Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Additional Program Information:
Water Use Tracking:
No
Policy Description:

The Building Energy Use Disclosure Ordinance (No. 1360) was enacted by the Cambridge City Council on July 28, 2014. The ordinance is a key step in efforts to reduce Cambridge's greenhouse gas (GHG) emissions. 

Energy use in buildings accounts for about 80% of GHG emissions in Cambridge, with two-thirds of the total related to commercial, institutional, and large multifamily buildings.  Efforts to improve the energy performance of the building stock is hampered by the invisible nature of energy use. 

The ordinance is intended to address this problem by requiring owners of larger buildings to track and report annual energy use to the City and publicly disclose the data.  Disclosure places the information in the marketplace, where various users such as potential property buyers, tenants, realtors, energy service providers, and others can use the data to help create value for higher energy performing properties.  The data will also aid the City and others in planning for higher energy performance in the building stock. 

The ordinance is a foundational strategy for various community sustainability initiatives including the Community Compact for a Sustainable Future, Kendall Square Ecodistrict, and efforts to move the community toward net zero emissions.

Enacted Date:
2014
Authority in Charge:
City of Cambridge Community Development Department
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 10,000 Sq. Feet 2014-12-31
Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2015-05-01
Non-Residential Greater Than or Equal To 25,000 Sq. Feet 2016-05-01
Multi-Family Greater Than or Equal To 50 Dwellings 2015-05-01
Exemptions:
Municipal buildings will report 2013 usage by December 31, 2014 and by May 1 for every year following. All covered properties will report the previous year usage on May 1. New properties with less than 12 months of usage statistics will begin reporting the following year.
Number of Buildings Affected:
1,121
Floor Area Affected:
78,026,252 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Recipients:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Notes:
The Department shall make available to the public on the internet benchmarking information for the previous calendar year: no later than December 31, 2014 and by September 1 of each year thereafter for municipal properties; and no later than September 1, 2015 and by September 1 of each year thereafter for covered properties. Benchmarking information, received by the Department for the first year a covered property is required to input the total energy consumed and other descriptive information as required by the benchmarking tool, will not be published except to disclose whether or not the covered property is in compliance with this ordinance.
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually
Notes:
All covered building types must report their benchmarking information annually on May 1.

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No
Notes:
The Department may establish certification and/or licensing requirements for the users of benchmarking tools.

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
First violation results in a warning. Subsequent violations result in a fine of $300 per day.
Number of Buildings in Compliance:
1,121
Area of Buildings in Compliance:
78,026,252 Sq. Feet
Compliance Rate (Based on # of Buildings):
90% (2014)
Compliance Rate (Based on Building Area):
93.5% (2014)
Additional Program Information:
Audits:
No
Retrocommissioning:
No
Water Use Tracking:
Yes
Additional Information:
By December 31, 2018, the Department shall review the effect of the Ordinance on improving energy performance for Covered Buildings. If energy performance for Covered Buildings has not improved significantly, the Department will make recommendations to the City Manager as to whether amendments to the Ordinance or other measures are necessary to improve building energy performance for Covered Buildings.
Chicago, Illinois, photo by Semmick Photo
Policy Description:

Building on a strong legacy of sustainability, Mayor Rahm Emanuel kicked off the Sustainable Chicago 2015 Action Agenda in September of 2012. Of the seven themes and 100 individual actions, energy efficiency stands out as a key component for emissions reductions and economic development. Policy measures like Retrofit Chicago highlight the importance of the building sector. Moreover, the city has long had a residential building energy disclosure policy on the books. Prospective buyers and tenants of residential properties are entitled to a utility use disclosure. In keeping with the spirit of such programs, and to promote the city as a locus of green jobs and sustainability innovation, Mayor Emanuel introduced the Chicago Energy Use Benchmarking Ordinance (No. SO2013-1645) to City Council on June 26, 2013. On September 11, 2013, the Council voted 32-7 to approve the ordinance. The ordinance requires all commercial, residential, and government buildings over 50,000 square feet to annually evaluate energy performance using Energy Star Portfolio Manager. In total, the law covers over 900 million square feet of real estate--the second largest total of all American cities with comparable laws. Energy consumption and performance scores will be posted annually to a municipal website. In the first years, data will be aggregated at the city-level, but starting in the second year of reporting, individual buildings will be identified. Data can be submitted to the city thorugh the Portfolio Manager tool. In the first year, and every third year, the data must be verified by a licensed professional (architect, engineer, or other, as allowed).

Enacted Date:
2013
Authority in Charge:
City's Commissioner of Business Affairs and Consumer Protection
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 250,000 Sq. Feet 2014-06-01
Public/Government Greater Than or Equal To 50,000 Sq. Feet 2015-06-01
Non-Residential Greater Than or Equal To 250,000 Sq. Feet 2014-06-01
Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2015-06-01
Multi-Family Greater Than or Equal To 250,000 Sq. Feet 2015-06-01
Multi-Family Greater Than or Equal To 50,000 Sq. Feet 2016-06-01
Exemptions:
Requirements do not apply to any building with more than 10 percent occupancy use classified as Class D open air assembly units, Class G industrial units, Class H storage units, Class I hazardous use units, or Class J miscellaneous buildings and structures, as defined by Chapter 13-56. Additional exemptions include: a) The building is presently experiencing qualifying financial distress. b) The building or areas of the building subject to the requirements of this section have been less than 50 percent occupied during the calendar year for which benchmarking is required. c) The building is new construction and the certificate of occupancy was issued less than two years prior to the applicable benchmarking deadlines. The City will not publicly share data for buildings that contain a data center, television studio, or trading floor that together exceed 10% of gross area.
Number of Buildings Affected:
3,500
Floor Area Affected:
900,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Recipients:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Notes:
Exemptions: Properties with > 10% of space used for data centers, TV studios, or trading floors
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually
Notes:
The following building loads can be excluded from benchmarking where separately metered: a) Broadcast antennas b) Cell towers c) Electric vehicle charging d) Emergency generators not used to power regular building operations e) Separately-metered fire pumps

Utility Requirements/Support:

Utility Requirements/Support:
Yes
Notes:
Owners may authorize utilities to upload whole building energy data directly to Portfolio Manager.

Verification:

Verification:
Yes
Notes:
Prior to the first benchmarking deadline and prior to each third benchmarking deadline thereafter, the owner of a covered building shall ensure that reported benchmarking information for that year is verified by a professional engineer, architect, or holder of a City-recognized training credential.

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Owner subject up to $100 fine for 1st violation and additional fines up to $25/day
Number of Buildings in Compliance:
1,774
Area of Buildings in Compliance:
210,200,000 Sq. Feet
Compliance Rate (Based on # of Buildings):
84%
Compliance Rate (Based on Building Area):
92%
Notes:
Compliance numbers represent 2014 data, taken from the 2015 Chicago benchmarking report.
Additional Program Information:
Audits:
No
Retrocommissioning:
No
Water Use Tracking:
No
Shanghai, China, photo by Fuyu Liu
Policy Description:

In China, several local governments, like Shanghai and Beijing, developed building energy efficiency labels. But a national program, based on the Civil Building Energy Efficiency Regulation, was launched in 2008. The regulation legally requires that the energy performance of new government-owned office buildings or large public buildings should be rated and labeled. The building labeling program is administered by the Ministry of Housing and Urban-Rural Development (MOHURD).

It is only mandatory for four types of buildings:

  • New government-owned office buildings or large public buildings
  • Existing buildings (of the type listed above) that apply for government funding to subsidize energy retrofits
  • State or provincial energy efficiency demonstration buildings
  • Buildings that apply for National Green Building Labels

The MOHURD rating program has five levels, from one star to five stars, and covers both residential and non-residential buildings. It also is unique in its inclusion of both asset and operational ratings.

Authority in Charge:
Ministry of Housing and Urban-Rural Development
Tool Name:
MOHURD Building Energy Label
Building Types Affected Size Compliance Deadline
Public/Government ALL
Transparency:
Required Transparency:
Yes
Recipients:
Public Website
Transparency Trigger:
Date Certain
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Policy Description:

On December 13, 2016 the Los Angeles City Council unanimously passed the Council File 14-1478, the Existing Buildings Energy and Water Efficiency Program. The policy includes an energy and water benchmarking and transparency requirement as well as a requirement to conduct an energy and water audit and retrocommissioning once every five years. 

Enacted Date:
2016
Authority in Charge:
The City of Los Angeles Department of Building and Safety
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 7,500 Sq. Feet 2017-07-01
Multi-Family, Non-Residential Greater Than or Equal To 100,000 Sq. Feet 2017-07-01
Multi-Family, Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2018-04-01
Multi-Family, Non-Residential Greater Than or Equal To 20,000 Sq. Feet 2019-04-01
Notes:
After 2017, benchmarking reports for all buildings must be completed by April 1st.
Exemptions:
Benchmarking requirements do not apply to one- and two-family dwellings and related accessory structures; residential hotels as defined by the California Health and Safety Code Section 50519; broadcast antennas; vehicle charging stations; utility pumping stations; treatment facilities; sound stages; structure primarily used for the production and post-production of motion pictures and television; and similar uses; and other buildings not meeting the purpose of this division, as determined by the Department of Building and Safety. The owner of a building subject to this division shall not be required to file a benchmarking report for a reporting year if any of the following conditions apply: 1. The building did not have a Certificate of Occupancy or Temporary Certificate of Occupancy for the entire calendar year required to be benchmarked; 2. The entire building was not occupied, due to renovation, for the entire calendar year required to be benchmarked; 3. The demolition permit for the entire building has been issued and demolition work has commenced on or before the date the benchmarking report is due for that calendar year; 4. The building did not receive energy or water services for the entire calendar year required to be benchmarked.
Number of Buildings Affected:
14,000
Floor Area Affected:
900,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
Yes
Notes:
The building owner or the owner's authorized representative 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.

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Failure to comply with this division shall subject the owner to noncompliance fees as specified in Section 98.0411 of the Los Angeles Municipal Code, except that the amount of the noncompliance fee shall be $202.
Additional Program Information:
Audits:
Yes
An energy and water audit is due once every five years. Energy audits shall meet or exceed ASHRAE Level II audit standards. Exemptions: An energy audit and retrocommissioning is not required if one of the following conditions is met: 1. The building has received ENERGY STAR Certification from the EPA for the year of the building's compliance due date. 2. The building has received ENERGY STAR Certification from the EPA for two of the three years preceding the building's compliance due date. 3. For buildings not eligible to receive an ENERGY STAR score, a California licensed engineer or architect certifies that the energy performance of the building is at least 25% better than the median energy performance of similar buildings by comparing against the national source energy data provided in CBECS. 4. A California licensed engineer or architect certifies that the building has reduced its weather normalized source energy use intensity as calculated by the benchmarking tool by 15% when compared to five years preceding the building's compliance due date. 5. A building which does not have a central cooling system and where four of the following six measures listed in Paragraphs (a) to (f) below were completed within the five-year compliance cycle being reported. A report, certified by a California licensed engineer or architect, detailing the measures performed is required: a) Common area and exterior lighting. Common area (lighting outside of tenant spaces) and exterior lighting fixtures have been installed in accordance with the California Building Standards Code in effect at any time during the five-year compliance cycle being reported. b) Pipe insulation. All exposed pipes that are used to convey heat or hot water have been insulated in accordance with the California Building Standards Code in effect at any time during the five-year compliance cycle being reported. c) Cool roof. A cool roof has been installed in accordance with the Los Angeles Green Building Code and the California Building Standards Code in effect at any time during the five-year compliance cycle being reported. d) Demand response. The building owner has committed to participate in a utility sponsored demand response program. e) Solar thermal. A solar water heating system has been installed. f) Domestic hot water. A new water heater has been installed in accordance with the California Building Standards Code in effect at any time during the five-year compliance cycle being reported. 6. The building is new and has been occupied for less than five years from its first due date, based on its Temporary Certificate of Occupancy or Certificate of Occupancy.
Retrocommissioning:
Yes
Energy and water retrocommissioning is due once every five years. Energy and water retrocommissioning shall be performed in accordance with industry standard practices, including ASHRAE Guideline 0.2 Commissioning Process for Existing Systems and Assemblies, and under the direct supervision of a California Licensed engineer or architect. The retrocommissioning of the base building systems shall include, at minimum, the following: a) Heating, ventilation, air conditioning (HVAC) systems and controls; b) Indoor lighting systems and controls; c) Water heating systems; and d) Renewable energy systems. Exemptions: See exemptions in Audits Notes above.
Water Use Tracking:
Yes
A water audit and retrocommissioning are not required if one of the following conditions is met: 1. A California licensed engineer or architect certifies that the building has reduced its water use intensity by at least 20% when compared to the five years preceding the building's due date for compliance; or 2. The building does not have a central cooling system and two of the three following measures have been installed within five years of the due date. A report detailing the measures performed, certified by a California licensed engineer or architect, is required: a) Low flow faucets and shower heads. All faucets and showerheads within the building have been replaced and meet the Los Angeles Municipal Code and the California Building Standards Code in effect at any time during the five-year compliance cycle being reported. b) Washing machines. Front loading clothes washing machines have been installed in all common laundry facilities. c) Water closets and urinals. All water closets and urinals within the building have been replaced and meet the Los Angeles Municipal Code and the California Building Standards Code in effect at any time during the five-year compliance cycle being reported. 3. A California licensed engineer or architect certifies that the building's water use conforms to the requirements of the Los Angeles Municipal Code and the California Building Standards Code in effect at any time during the five-year compliance cycle being reported. 4. The building is new and has been occupied for less than five years from its first due date, based on its Temporary Certificate of Occupancy or Certificate of Occupancy.
Philadelphia, Pennsylvania, photo by David Reilly
Policy Description:

One of the first actions by Mayor Michael Nutter upon his election in 2008 was to create the Mayor's Office of Sustainability. This body spearheaded the development of Greenworks Philadelphia, an ambitious plan to improve the city’s energy, environment, equity, economy, and engagement with the goal of becoming the greenest city in America by 2015. In light of these plans, advocacy groups like the Coalition for an Energy Efficient Philadelphia and the Energy Efficient Buildings Hub began working with the city on benchmarking requirements. On May 17, 2012, Philadelphia City Councilwoman Blondell Reynolds Brown introduced Bill No. 120428, mandating that all large commercial buildings in Philadelphia benchmark and disclose their energy and water use. The ordinance was adopted as § 9-3402 of the Philadelphia Code. In March of 2015 the Philidelphia City Council voted unanimously to amend § 9-3402 to include multifamily buildings over 50,000 square feet.

Enacted Date:
2012
Authority in Charge:
Office of Sustainability
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Non-Residential, Public/Government Greater Than or Equal To 50,000 Sq. Feet 2013-11-01
Multi-Family Greater Than or Equal To 50,000 Sq. Feet 2016-06-30
Exemptions:
a) any calendar year where more than 50 percent of the indoor floor space is unoccupied for more than 180 days in total b) where benchmarking or disclosure would cause exceptional hardship or would not be in the public interest c) where buildings are used primarily for manufacturing or other industrial purposes for which benchmarking results would not meaningfully reflect building energy use characteristics due to the intensive use of process energy. "Process energy" refers to energy used in the actual manufacturing, production, or processing of a good, commodity, or other material.
Number of Buildings Affected:
2,900
Floor Area Affected:
390,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Recipients:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually

Utility Requirements/Support:

Utility Requirements/Support:
Yes
Notes:
Owners may arrange for usage information to be electronically transmitted to the benchmarking application by the utility or other energy supplier. Energy suppliers may require building owners requesting electronic transmittal to the benchmarking application to create and maintain lists of buildings and utility account numbers for which the electronic transmittal is requested, and to provide such information to the utility or energy supplier in the manner specified thereby.

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
$300 fine for the 1st 30 days, and then $100/day
Compliance Rate (Based on # of Buildings):
90%
Compliance Rate (Based on Building Area):
90%
Notes:
Based on 2014 Energy Benchmarking Report, detailing statistics from 2013.
Additional Program Information:
Water Use Tracking:
Yes
Policy Description:

In 2015, Colorado Governor John Hickenlooper signed Executive Order D 2015-013, the "Greening of State Government." The Executive Order directs the Greening Government Leadership Council to work with all executive state agencies and departments to reduce weather normalized energy consumption per square foot by at least 2 percent annually and at least 12 percent by 2020 from a FY 2015 baseline. They must also reduce potable water use by 1 percent per year annually and 7 percent by 2020 from a FY 2015 baseline. 

 

To acheive these goals, all executive state agencies and departments must track their energy and water use using EnergyCAP and report their monthly and annual usage to the state energy office.

Enacted Date:
2015
Authority in Charge:
Colorado Energy Office
Tool Name:
Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL 2017-03-16
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Portland, Orgeon
Policy Description:

On April 22, 2015, Portland City Council voted unanimously to approve a new policy that will require owners of commercial buildings over 20,000 square feet to track energy use and report it on an annual basis. The policy will cover nearly 80 percent of the commercial square footage and affect approximately 1,000 buildings.

“Portland has set a goal to cut carbon emissions 80 percent by 2050. To reach that goal, we all have a role to play — public and private, at work and at home,” said Portland Mayor Charlie Hales. “Reducing energy use in buildings is a critical part of that picture. Tracking energy use and investing in energy efficiency saves money for the building owners. And for the city as a whole. Last year alone, the city saved $6 million on its own energy bills.”

The policy will cover offices, retail spaces, grocery stores, hotels, health care and higher education buildings. It does not include residential properties, nursing homes, and places of worship, parking structures, K-12 schools, industrial facilities or warehouses.

The new Energy Performance Reporting Policy will require commercial buildings to track performance with a free online tool called ENERGY STAR Portfolio Manager and report energy use information to the City of Portland on an annual basis. There are approximately 5,000 commercial buildings in Portland. Currently fewer than 100 buildings claim ENERGY STAR certification.

Enacted Date:
2015
Authority in Charge:
Portland Bureau of Planning and Sustainability
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2016-04-22
Non-Residential Greater Than or Equal To 20,000 Sq. Feet 2017-04-22
Public/Government Greater Than or Equal To 20,000 Sq. Feet 2017-04-22
Notes:
The following primary use types are covered by the Portland benchmarking ordinance: Auto dealership, Bowling alley, Commercial building, Commercial condominium, Day care center, Fraternal building, Generic commercial use or shop, Health club, Hotel, Medical office, Motel, Office, Public Building, Recreation, Store, Theater, Warehouse predominantly used as any of the above property types
Exemptions:
The ordinance's definition of "Covered building" does not include buildings predominantly used for housing, industrial, nursing home, parking, primary and secondary education, residential, warehouse and worship pmposes.
Number of Buildings Affected:
1,024
Floor Area Affected:
87,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Required Transparency:
No
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
$500 for every 90 day period during which violations continue.
Additional Program Information:
Audits:
No
Retrocommissioning:
No
Water Use Tracking:
No
Policy Description:

On January 16, 2015 Salt Lake City Mayor Ralph Becker issued an Executive Order requiring Salt Lake City Departments to create energy management plans for their facilities. The requirements include energy benchmarking, energy audits, retrocommissioning, building operator training, occupant engagement, and identification of renewable opportunities. 

Enacted Date:
2015
Authority in Charge:
Energy Management Steering Committee
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 3,000 Sq. Feet
Notes:
Benchmarking requirements also apply to "a physical system or component owned and operated by the City that consumes a significant amount of energy, roughly equal to or greater than" facilities between 22,000 and 49,999 gross square feet, and that is not larger than 2,999 gross square feet in combined floor area. This can include water-related and other industrial systems or components.
Exemptions:
Rules and exemptions are overseen by the Steering Committee.
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Additional Program Information:
Audits:
Yes
Buildings 22,000 gross square feet and larger must identify energy-saving opportunities through an energy audit program. Audits must be completed at least once every five years for related facilities.
Retrocommissioning:
Yes
Buildings 22,000 gross square feet and larger must complete retrocommissioning every ten years plus continuous building retuning. Additionally, after December 31, 2015, all buildings covered by the benchmarking requirements must be operated by or under the supervision of an individual who holds a certificate from an industry-recognized building operator program.
Chicago, Illinois, photo by Semmick Photo
Policy Description:

The Cook County Benchmarking Ordinance requires the County to benchmark and publicly report annual energy and water use of County-owned buildings larger than 35,000 square feet.

 

 

Enacted Date:
2014
Authority in Charge:
Director of the Cook County Office of Capital Planning and Policy
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 250,000 Sq. Feet 2014-08-01
Public/Government Greater Than or Equal To 35,000 Sq. Feet 2015-06-01
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Notes:
The Director and the Chief Sustainability Officer are authorized to make reported benchmarking information readily available to the public.
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
Yes
Notes:
The Director shall verify all benchmarking information for each building. Benchmarking information shall include at least the following: Building address; Energy use intensity (EUI); Annual greenhouse gas emissions; and The Energy Performance Score that compares the energy use of the building to that of similar buildings, where available.

Compliance:

Compliance Enforcement:
Yes
Additional Program Information:
Water Use Tracking:
Yes
Protaras, Cyprus, photo by Marcin Krzyzzak
Policy Description:

1) Regulations for the Energy Certification of Buildings (RAA164/2009); 2) Ministerial Order regarding the Certificate for the energy performance of buildings; 3) Ministerial Order regulating the methodology for the calculation of the energy performance of buildings (RAA414/2009); 4) Ministerial Order regulating the methodology for the calculation of the energy performance of buildings (RAA567/2007); 5) Regulations for the Exam Syllabus and the Exam fees (RAA260/2009); 6) Notification of the Inspectors for the monitoring of the implementation of the Laws governing the energy performance of buildings (RAA411/2009); 7) Law amending the Law regulating Roads and Buildings (Building Permit) (L101/2006): includes provisions for the energy performance certificate to be submitted for the building permit to be issued by the Buildings Authorities; 8) Law concerning the issuance of energy performance certificate for residential buildings (L30 (I)/2009); 9) Laws of 2006 and 2009 concerning the issuance of energy performance certificate for non-residents.

Authority in Charge:
The Energy Service, Ministry of Commerce Industry and Tourism
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family ALL 2010-01-01
Non-Residential ALL 2010-09-01
Public/Government Greater Than 1,000 Sq. Meters
Exemptions:
For public buildings, the rule applies to those buildings which are frequently visited.
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Fine (must not exceed 8,550 €)
Prague, Czech Republic, photo by Oleksiy Mark
Policy Description:

1) Law 406/2000 Coll. (or the later integrated version 406/2006 Coll.) 2) Decree 148/2007 Coll.

Authority in Charge:
Ministry of Industry and Trade
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Non-Residential, Public/Government ALL 2009-01-01
Exemptions:
These regulations are mandatory for major renovations. “Major renovation” in the sense of Decree 148/2007 Coll. Energy Performance of Buildings means, for buildings with more than 1000 m² of floor area, that: 1. at least 25 % of the surface area of the building envelope shall be reconstructed OR 2. a change of building services systems causes at least a 25 % change of the total energy consumption.
Transparency:
Required Transparency:
No
Notes:
In 2011, in case of renting or selling of house, flat or other unit, energy performance certificates are not required (this should be changed with the new version of the decree 148/2007 Coll.).
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Issuer could lose his accreditation; fine of up to 200k EUR
Policy Description:

Executive Order 18 requires all state executive branch agencies, departments, and offices shall reduce their energy consumption from FY 2008 levels 30% by the end of fiscal year 2015.  The policy directs state agencies, departments, and offices to develop a method to benchmark, monitor, and track the energy use and greenhouse gas emissions of all state-owned and state-leased facilities.

The benchmarking system shall:

 

Require all State executive branch agencies, departments and offices that own or operate facilities to enter energy and utility usage and cost data into a tool or system provided by OMB and DNREC;

Require historic energy usage and cost data for the last two fiscal years to be compiled for all state-owned and state-leased facilities. The information will be used to rank each facility's energy usage and enable benchmarking against facilities of a similar age, size, construction and function;

Target facilities with the highest energy use and identify no or low-cost operational changes that can reduce consumption without capital investment;

Be used to prioritize energy efficiency and distributed renewable energy projects based on energy savings, cost savings and environmental benefit;

Quantify, on a facility-by-facility basis, the estimated cost and work necessary to reduce energy consumption by 10%, 20% and 30%; and

Evaluate the feasibility of installing on-site wind, photovoltaic, co-generation or other cleaner energy systems that can be implemented using a simple payback period not to exceed 20 years.

Authority in Charge:
State of Delaware
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL 2016-01-12
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
Yes

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Additional Program Information:
Audits:
Yes
The Office of Management and Budget is directed to work with DNREC, the Agency Sustainability Managers, and the Sustainable Energy Utility ("SEU"), in preparation of a plan to audit State facilities for energy efficiency opportunities. Said plan shall include a timetable for such audits and identify appropriate funding for energy efficiency projects, including resources from the American Recovery and Reinvestment Act, Regional Greenhouse Gas Initiative auction proceeds, and tax-exempt financing and other programs administered by the SEU. A preliminary plan is to be delivered to the Cabinet Committee on Energy by May 31, 2010.
Copenhagen, Denmark, photo by Bucchi Francesco
Policy Description:

1) Act number 585 of the Danish Parliament of 24/06/2005 on Energy Savings in Buildings; 2) Decree number 1294 of the Danish Energy Agency of 13/12/2005 on Energy Labeling of Buildings

Authority in Charge:
Danish Energy Agency (DEA); Danish Enterprise and Construction Authority
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
ALL
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Policy Description:

Executive Order No. 123 was signed by Mayor Michael Hancock on March 11, 2013. The order created the Denver Office of Sustainability as well as setting several sustainability policies for the City of Denver. Chapter 2 of the order, "High Performing Green Buildings" requires all new City buildings and major renovations to be LEED Gold Certified and to achieve ENERGY STAR certification after one year of operation if they are ENERGY STAR eligible. Existing City buildings must benchmark their energy use and must certify if they are ENERGY STAR eligible and meet the certification requirements.

 

Enacted Date:
2013
Authority in Charge:
Denver Office of Sustainability
Tool Name:
Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Washington, D.C., photo by Orhan Cam
Policy Description:

The Clean and Affordable Energy Act of 2008 (CAEA) was passed unanimously by the DC Council on July 15, 2008, and signed into law by District of Columbia Mayor Adrian Fenty on Aug. 4, 2008. Among other energy conservation and efficiency initiatives, the bill required for the first time in any U.S. jurisdiction that the energy performance of commercial buildings be annually rated and disclosed to the marketplace. Roughly 75 percent of DC's greenhouse gas emissions come from buildings. Additionally, energy is the largest operating cost for office buildings in downtown DC, accounting for 32 percent of operating expenses -- 10 percent more than the next highest expense -- according to data from the Building Owners and Managers Association (BOMA) International. Public buildings were benchmarked beginning in 2010 and disclosed thereafter via an online database (link below). Private buildings must submit benchmarking scores every year, with the size threshold phased in over time. Annual disclosure, requiring the posting of an ENERGY STAR Statement of Performance, will occur via an online database open to the public and administered by the District of Columbia.

Enacted Date:
2008
Authority in Charge:
District Department of the Environment
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 10,000 Sq. Feet 2010-04-01
Multi-Family, Non-Residential Greater Than or Equal To 200,000 Sq. Feet 2013-03-09
Multi-Family, Non-Residential Greater Than or Equal To 150,000 Sq. Feet 2013-03-09
Multi-Family, Non-Residential Greater Than or Equal To 100,000 Sq. Feet 2013-04-01
Multi-Family, Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2014-04-01
Exemptions:
New buildings must only be benchmarked beginning with 1st full calendar year after receiving Certificate of occupancy; buildings that are sold must only be benchmarked beginning with 1st full calendar year after completion of transaction.
Number of Buildings Affected:
2,000
Floor Area Affected:
357,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Recipients:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually

Utility Requirements/Support:

Utility Requirements/Support:
Yes
Notes:
Pepco provides aggregate whole-building data via web services. Washington Gas provides aggregate whole-building data via spreadsheet.

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Up to $100 per day.
Number of Buildings in Compliance:
490
Area of Buildings in Compliance:
170,000,000 Sq. Feet
Compliance Rate (Based on # of Buildings):
83%
Notes:
Compliance numbers from February 2014.
Additional Program Information:
Water Use Tracking:
Yes
Policy Description:

On December 19, 2016 the Denver City Council voted unanimously to approve Bill 16-1231 to enact the Energize Denver Ordinance, requiring annual benchmarking and transparency for commercial and multifamily buildings with a gross floor area of 25,000 square feet or larger.

Enacted Date:
2016
Authority in Charge:
The Department of Environmental Health for the City
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 25,000 Sq. Feet 2017-06-01
Multi-Family, Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2017-06-01
Multi-Family, Non-Residential Greater Than or Equal To 25,000 Sq. Feet 2018-06-01
Exemptions:
A) A building that was not occupied and did not have a certificate of occupancy or temporary certificate of occupancy for all 12 months of the calendar year for which benchmarking is required. B) A building that was not occupied, due to renovation, for all 12 months of the calendar year for which benchmarking is required C) A building for which a demolition permit for the entire building has been issued and for which demolition work has commenced on or before the date the benchmarking report is due D) A building that is presently experiencing qualifying financial distress, as defined by any of the following: 1) the building is the subject of a qualified tax lien sale or public auction due to property tax arrearages; 2) the building is controlled by a court appointed receiver; or 3) the building has been acquired by a deed in lieu of foreclosure E) A building that had an average physical occpancy of less than 60 percent throughout the calendar year for which benchmarking is required F) A building that is used primarily for industrial or agricultural processes G) A building for which the Owner can demonstrate that its energy performance is a confidential business practice that includes trade secrets, privileged, or confidential commercial information. In order to qualify for this exemption, the Owner shall specifically identify the information it believes is confidential and provide a written statement describing the manner in which public disclosure would cause substantial harm to the Owner's competitive position. Inefficient energy usage alone will not be considered confidential commercial information.
Number of Buildings Affected:
3,000
Floor Area Affected:
360,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Notes:
The energy performance information that must be reported to the Department shall include, at a minimum, a Covered Building's annual energy use intensity, ENERGY STAR Portfolio Manager score if eligible for a score, greenhouse gas emissions, and any other data fields needed to calculate the ENERGY STAR Portfolio Manager score for auditing and verification purposes. Owners of Covered Buildings shall not be required to report monthly energy bill data.
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Description:
In the first compliance year, the City offers a 90-day grace period for non-compliant buildings to report. After the 90-day grace period, non-compliant buildings will be assessed a penalty of $2,000.
Additional Program Information:
Audits:
No
Retrocommissioning:
No
Water Use Tracking:
No
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
Tallinn, Estonia, photo by Alexander Mak
Policy Description:

Energy Performance Certificate

Authority in Charge:
Ministry of Economic Affairs and Communications
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
ALL
Exemptions:
Energy performance certificates are not needed for churches, buildings that are used less than 2 years, buildings whose net area is less than 50 m², industrial, agricultural buildings without accommodation and buildings with low energy consumption, as well as buildings that are under heritage protection and cannot be insulated.
Transparency:
Required Transparency:
Yes
Recipients:
Public Website
Transparency Trigger:
Point of Transaction
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Building permit is not provided for new building. No penalties for existing buildings if energy performance certificate does not meet requirements.
Policy Description:

On December 12, 2016 the Evanston City Council voted 7-2 to enact the Evanston Building Energy and Water Use Benchmarking Ordinance.

Enacted Date:
2016
Authority in Charge:
City Manager
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Multi-Family, Non-Residential Greater Than or Equal To 100,000 Sq. Feet 2017-06-30
Multi-Family, Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2018-06-30
Multi-Family, Non-Residential Greater Than or Equal To 20,000 Sq. Feet 2019-06-30
Public/Government Greater Than or Equal To 10,000 Sq. Feet 2017-06-30
Notes:
Condominiums between 20,000 gross square feet and 50,000 gross square feet as defined in City Code Section 5-4-1-7 are not covered by the policy.
Exemptions:
The policy does not cover buildings whose primary occupancy is classified as Assembly Group A-5 uses, Factory Group F uses, Storage Group S uses, High Hazard Group H uses, or Utility and Miscellaneous Group U uses, as defined by Chapter 3 "Use and Occupancy Classification" of the International Building Code adopted pursuant to City Code Section 4-2-1. The City manager may exempt from the benchmarking requirement the owner of a covered building that submits documentation establishing any of the following: 1. The building is presently experiencing qualifying financial distress, as defined by any of the following: 1) the building is the subject of a qualified tax lien sale or public auction due to property tax arrearages, 2) the building is controlled by a court appointed receiver, or 3) the building has been acquired by a deed in lieu of foreclosure; or 2. The building had average physical occupancy of less than fifty percent (50%) throughout the calendar year for which benchmarking is required; or 3. The building is a new construction and the building's certificate of occupancy was issued during the calendar year for which benchmarking is required.
Number of Buildings Affected:
557
Floor Area Affected:
45,600,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
Yes
Notes:
Prior to the first benchmarking deadline in City Code Section 4-22-5 and prior to each third benchmarking deadline thereafter, the owner of a covered building must ensure that reported benchmarking information for that year is verified by a certified professional. Such verification must be in a form of a signed statement by a certified professional attesting to the accuracy of the information. The owner of a covered building must produce such statement for the most recent year in which verification of reported benchmarking information was required upon a written request by the City manager or his/her designee.

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Any person who violates any provision of this Chapter will be fined one hundred dollars ($100) for each such offense. Every month a violation continues will be deemed a separate offense.
Additional Program Information:
Water Use Tracking:
Yes
Helsinki, Finland, photo by Mark Oleskiy
Policy Description:

Law (487/2007) and Act (765/2007) concerning energy performance certificates

Authority in Charge:
Ministry of the Environment
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Non-Residential, Public/Government ALL 2008-01-01
Exemptions:
The compliance deadline shown is for new construction. For existing buildings, the compliance deadline is 2009-01-01.
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Building Permit is not issued if an energy certificate is not provided
Policy Description:

1) Decree no. 2006-1147 of September 14th, 2006 relating to energy performance certificate and diagnosis of natural gas internal distribution and systems in buildings for sale; 2) Decree no. 2007-363 of March 19th, 2007 relating to energy feasibility studies, to thermal characteristics and energy performance of existing buildings and to energy performance certificate of new constructions. 3) Implementation act of September 21st, 2007 relating to energy performance certificate of new constructions in mainland France; 4) Decree no. 2006 – 1653 establishing the validity duration of "DPE" to 10 years; 5) Decree no. 2006 – 1114 on competence of experts 6) Decree of September 14th, 2006 on "DPE" for buildings on sale 7) Decree of March 19th, 2007 on "DPE" for buildings for rent 8) Decree on "DPE" for public buildings, January 2008"

Enacted Date:
2006
Authority in Charge:
Ministry of Construction, within the Ministry of Environment Protection (in 2007); Network of CETEs (5 regional Technical Centres for Building and Road works), technical division of the Ministry of Construction
Tool Name:
Energy Performance Diagnostic
Building Types Affected Size Compliance Deadline
Public/Government ALL 2008-01-02
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Sale cannot be concluded.
Frankfurt, Germany, photo by Canadastock
Policy Description:

Energy Saving Ordinance - “Energieeinsparverordnung” (EnEV 2009)

Authority in Charge:
Federal Ministry of Transport, Building, and Urban Development
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
ALL
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (on demand), Rent (on demand)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Fine
Athens, Greece, photo by Anadtasios71
Policy Description:

1) Law 3661/2008 National official journal A’ 89 (transposes the 2002/91/ΕC Directive); 2) Law 3851 04/06/2010, National Official Gazette A’, 85 (transposes the recast EPB Directive).

Authority in Charge:
Ministry of Environment, Energy and Climate Change
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
ALL
Exemptions:
In 2011, energy performance certificates are not required for renting a property, although this measure will most likely apply in 2012 for renting transactions for buildings.
Transparency:
Required Transparency:
Yes
Recipients:
Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Policy Description:

House Bill 1464 requires each state department with responsibilities for the design and construction of public buildings and facilities to benchmark every existing public building that is either larger than five thousand square feet or uses more than eight thousand kilowatt-hours of electricity or energy per year and shall use the benchmark as a basis for determining the State's investment in improving the efficiency of its own building stock.  Benchmarking shall be conducted using the ENERGY STAR portfolio management or equivalent tool.  The energy resources coordinator shall provide training to affected departments on the ENERGY STAR portfolio management or equivalent tool.

Additionally, public buildings must be retro-commissioned no less often than every five years.

Authority in Charge:
State of Hawaii
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL 2010-12-31
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Additional Program Information:
Retrocommissioning:
Yes
Public buildings must be retro-commissioned at least once every 5 years.
Budapest, Hungary, photo by Alexander Mazurkevich
Policy Description:

Government Regulation 176/2008 on certification of energy performance of buildings

Authority in Charge:
Ministry of the Interior
Tool Name:
Energy Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Non-Residential ALL
Public/Government Greater Than 1,000 Sq. Meters
Exemptions:
The following buildings are exempted from the certification requirement: 1) Buildings of a net floor area smaller than 50 m² 2) Buildings used for less than 4 months per year 3) Temporary buildings not intended to be used for more than 2 years 4) Buildings for religious purposes 5) Protected (historic) buildings 6) Buildings for agricultural use 7) Buildings experiencing internal heat gains above 20 W/m³ during their regular use 8) Workshops 9) Tents An energy performance certificate is valid for 10 years.
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Dublin, Ireland, photo by Davis Soanes
Policy Description:

1) S.I. 229 of 2008: enabled the introduction of energy performance certificates for non-residential buildings; 2) S.I. 591 of 2008: provided clarification in regard to certification of public buildings.

Authority in Charge:
Department of Environment, Heritage & Local Government and the Department of Communications, Energy and Natural Resources
Tool Name:
Building Energy Rating (BER) certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family ALL 2007-07-01
Non-Residential ALL 2008-07-01
Public/Government Greater Than 1,000 Sq. Meters 2009-07-01
Exemptions:
The shown compliance deadlines are for new construction. For existing-renovations, the compliance deadlines are as follows: Single-Family and Multi-Family: 2008-07-01 Non-Residential: 2009-07-01 Public/Government: 2009-07-01
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Fine and/or prison
Florence, Italy, photo by S-F
Policy Description:

1) Legislative decree No. 192/2005 and subsequent amendments (Legislative decree No. 311/2006). 2) Decree of 26 June 2009 of the Ministry of Economic Development “National guidelines for energy certification of buildings”: sets the standard layout of the energy performance certificate. This legal requirement also sets a national standard for certification trying to uniform the differences between the different Regions and Provinces.

Authority in Charge:
The State, Regional Government (19) and Autonomous Provinces (2)
Tool Name:
Building Energy Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Non-Residential, Public/Government ALL 2005-10-09
Transparency:
Required Transparency:
Yes
Recipients:
Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Fines and potential for disciplinary action
Policy Description:

On June 4, 2015 Mayor Sly James and the Kansas City City Council adopted the Energy Empowerment Ordinance (No. 150299), requiring owners of large buildings to measure and report the energy and water use of their properties. The ordinance covers 3% of the city’s non-single family buildings, accounting for 47% of the energy used by buildings in Kansas City.

The ordinance addresses energy use in existing municipal, commercial, and residential buildings larger than 50,000 square feet. Under the ordinance, these building owners will be required to track whole-building energy and water use and report it to the city annually.

Participating buildings will be phased in, starting with municipal buildings over 10,000 square feet in 2016, and expanding to include private commercial and multifamily residential buildings over 100,000 square feet in 2017. All private commercial and multifamily buildings over 50,000 square feet will be included in 2018.

Under the legislation, owners of the designated buildings will be required to annually benchmark and report to the city their properties’ energy use via the U.S. Environmental Protection Agency’s ENERGY STAR Portfolio Manager tool. That reported benchmarking data will be made available to the public on a phased schedule starting in 2016.

Enacted Date:
2015
Authority in Charge:
City Manager
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 10,000 Sq. Feet 2016-05-01
Multi-Family, Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2018-05-01
Multi-Family, Non-Residential Greater Than or Equal To 100,000 Sq. Feet 2017-05-01
Number of Buildings Affected:
1,500
Floor Area Affected:
400,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Report to Recipient
Recipients:
Government, Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Written warning for first failure to comply; fine of up to $500 if compliance not met within 60 days of warning; additional to other remedies, city may file suit
Additional Program Information:
Water Use Tracking:
Yes
Riga, Latvia, photo by Viktar Malyshchyts
Policy Description:

"1) Law on the Energy Performance of Buildings (13/03/2008); 2) Cabinet regulations regarding Energy Certification of Buildings (Nо 40 of 13 January 2009, re-casted Nо 504 of 8 June 2010); 3) Cabinet regulations regarding calculation of energy performance of buildings (No 39 of 13 January 2009); 4) Requirements to produce temporary energy performance certificates are included in Regulations regarding Accepting Structures for Service (Regulation No 299 adopted on 13 April 2004, amendment Regulation No 350 adopted on 28 April 2009); 5) Regulations regarding Energy Auditors (No 26 of 13 January 2009)."

Enacted Date:
2008
Authority in Charge:
Ministry of Economics
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
ALL
Exemptions:
Energy certification requirements do not apply to buildings that have been put into service before the 31 December 2008, if the parties have agreed upon it.
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Vilnius, Lithuania, photo by Iryna Sarina
Policy Description:

Energy resource use and environmental pollution are currently critical issues. One of the means to address these concerns is the building energy performance certification.

Authority in Charge:
Ministry of Environment
Tool Name:
Building Energy Performance Certificate
Building Types Affected Size Compliance Deadline
ALL
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Luxembourg, Luxembourg, photo by Sergy Novikov
Policy Description:

"1) Regulation modified on 30/11/2007 concerning the energy performance of residential buildings 2) Regulation modified on 31/08/2010 concerning the energy performance of functional buildings

Enacted Date:
2007
Authority in Charge:
Directorate of energy of the Ministry of Economy and Foreign Trade Ministry of Sustainable Development and Infrastructure
Tool Name:
Energy Passport - Energiepass
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family ALL 2008-01-01
Non-Residential ALL 2011-01-01
Public/Government ALL
Exemptions:
In residential buildings owned by the State, the local authorities or associations of local authorities where the reference energy floor area is higher than 1000 m², and which are frequented by a significant number of people, the energy performance certificate must be displayed at the entrance of the building. These compliance deadlines apply to new construction. For existing-renovations, the compliance deadlines are as follows: Single-family and Multi-family Residential: 2008-09-01 Non-residential: 2011-06-01
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Valletta, Malta, photo by mRGB
Policy Description:

L.N. 261 of 2008 MALTA RESOURCES AUTHORITY ACT (CAP. 423) Energy Performance of Buildings Regulations

Authority in Charge:
Ministry for Resources and Rural Affairs
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family ALL 2009-01-02
Non-Residential, Public/Government ALL 2009-06-01
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Fine
shutterstock_288776798.jpg
Policy Description:

Executive Directive No. 2005-4 directed the Michigan Department of Management and Budget to establish an energy efficiency savings target for all state buildings managed by the Department or another department or agency within the Executive Branch of state government.  Buildings were required to attain a 10% reduction in energy use by December 31, 2008 and a 20% reduction in grid-based energy purchases by December 31, 2015, when compared to energy use and energy purchases for the state fiscal year ending September 30, 2002.

Additionally, the Directive ordered the Department to implement Energy Conservation Measures and the following best management practices to improve energy efficiency On or before December 31, 2006:

1. Establish a program for an energy analysis of each state building identifying opportunities for reduced energy use, the cost, and associated savings for each, including a completion schedule for the energy analysis program.  Under the program, the Energy Star assessment and rating program shall be extended to all state buildings occupied by state employees.

2. Establish a program to perform regular maintenance on all lighting, heating, ventilation, and air conditioning systems, including, but not limited to, lubricating, balancing, aligning, vacuuming, cleaning, and checking seals, to ensure optimum efficiency.

3. Establish a program to evaluate the feasibility of converting to more energy-efficient lighting systems, including goals for making cost-effective lighting efficiency improvements that reduce electricity costs and maintain illumination quality.

4. Establish policies and procedures to identify and eliminate air infiltration and improve thermal insulation in building exteriors, such as walls, windows, doors, ceilings and floors.

5. Establish policies and procedures to reduce unnecessary use of lighting, heating, ventilation, and air conditioning systems, and to control thermostats to maximize energy savings while also providing occupant comfort.

6. Establish policies and procedures to maintain, monitor, and control systems that use water to reduce waste.

7. Establish policies and procedures to ensure the energy-saving feature in all Energy Star compliant electronic office equipment is activated, unless enabling the feature will hinder the performance or security of the equipment.

Authority in Charge:
Michigan Department of Management and Budget
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL 2006-12-31
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
Yes

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Policy Description:

Minneapolis's benchmarking ordinance has its origins in the 2006 Think Green Collaborative, an initiative from the mayors' offices of St. Paul and Minneapolis. The collaborative convened industry, non-profit, and government representatives to develop recommendations for sustainable economic development. A policy addressing existing building energy policy was one of many recommendations. Minneapolis Council member Elizabeth Glidden authored the Commercial Building Rating and Disclosure Ordinance (No. 47.190), which was enacted on January 28, 2013. Beginning with the second annual benchmarking report for each building, the City of Minneapolis will make the data accessible to the public.

Enacted Date:
2013
Authority in Charge:
Director of Minneapolis Health Department
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Non-Residential Greater Than or Equal To 100,000 Sq. Feet 2014-06-01
Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2015-06-01
Public/Government Greater Than or Equal To 25,000 Sq. Feet 2013-05-01
Exemptions:
**Threshold Values apply to occupancy use other than residential or industrial Exemptions: Industrial & residential - when either use comprises over 50% of a building's GSF; New buildings issued a certificate of occupancy less than 2 years before current reporting deadline; Unoccupied buildings - buildings, or the commercial areas of mixed use buildings, that were less than 50% occupied during the year for which reporting is due; Buildings that are in verifiable financial distress, such as subject to tax lien sales, or currently owned by financial institutions due to borrower default.
Number of Buildings Affected:
625
Floor Area Affected:
110,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Recipients:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Warning notice mailed to the building owner, indicating 45 days to comply else face a penalty. Failure to comply with penalties may result in a suspension of commercial building registration.
Number of Buildings in Compliance:
102
Area of Buildings in Compliance:
21,000,000 Sq. Feet
Compliance Rate (Based on # of Buildings):
87% (2013)
Notes:
Compliance data from November 2013
Additional Program Information:
Water Use Tracking:
Yes
Policy Description:
The department of administration shall maintain information on energy usage in all public buildings for the purpose of establishing energy efficiency benchmarks and energy conservation goals.  The department shall report preliminary  energy conservation goals to the chairs of the senate telecommunications, energy and utilities committee and the house regulated industries committee by January 15, 2002. 

The department shall develop, in coordination with the department of commerce, a comprehensive plan by January 15, 2003 2004, to maximize electrical and thermal energy efficiency in existing public buildings through conservation measures having a simple payback within ten to 15 years.  The plan must detail the steps necessary to implement the conservation measures and include the projected costs of these measures.  The owner or operator of a public building subject to this section shall provide information to the department of administration necessary to accomplish the purposes of this section.  
Enacted Date:
2002
Authority in Charge:
Minnesota Department of Administration
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL
Notes:
The benchmarking required covers all public buildings.
Number of Buildings Affected:
8,590
Floor Area Affected:
324,034,678 Sq. Feet
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Compliance Rate (Based on # of Buildings):
87
Compliance Rate (Based on Building Area):
87
Montgomery County, Maryland, photo by Dean Evangelista
Policy Description:

Montgomery County, Maryland, a suburban county bordering Washington DC with a population over 1 million, is the first county in the nation to pass an energy benchmarking law. Bill 2-14 was part of a package of nine energy bills unanimously passed by County Council on Earth Day, April 22, 2014. The law requires that owners of large nonresidential buildings benchmark energy use on an annual basis. The law was amended on November 17, 2015 with the passage of Bill 35-15. The amendments set the private sector building group deadlines six months earlier than they had been in the original Bill 2-14. The new dates are noted below.

All county-owned nonresidential buildings must benchmark by June 1, 2015. Private, nonresidential buildings greater than or equal to 250,000 square feet must comply with the law by June 1, 2016, while the deadline for private, nonresidential buildings greater than or equal to 50,000 square feet is June1, 2017. A licensed professional must verify benchmarking data before the first submission and every three years thereafter.

Enacted Date:
2014
Authority in Charge:
Department of Environmental Protection
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL 2015-06-01
Non-Residential Greater Than or Equal To 250,000 Sq. Feet 2016-06-01
Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2017-06-01
Exemptions:
Any building where more than 10 percent is used for: 1) Public occupancy in a building without walls; 2) Warehousing 3) Self storage; or 4) A use classified as manufacturing and industrial, transportation, communications, or utilities Any building: a) in financial distress b) with average occupancy of less than 50 percent during the calendar year c) newly constructed and received its certificate of occupancy during the current calendar year
Number of Buildings Affected:
750
Floor Area Affected:
68,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Recipients:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
Yes
Notes:
Benchmarking data must be verified by a recognized data verifier before the first submission and every three years thereafter. A recognized data verifier is defined as a Professional Engineer, Registered Architect, or another trained individual whose professional license or building energy training program credential is recognized by the Director.

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
No
Description:
To be addressed through Method 2 regulations. Any violation is considered a Class A violation.
Additional Program Information:
Audits:
No
Retrocommissioning:
No
Water Use Tracking:
No
Amsterdam, Netherlands, photo by Anibal Trejo
Policy Description:

1) Decree on Energy Performance of Buildings’ (BEG), December 2006; 2) Regulation on Energy Performance of Buildings’ (REG) , December 2006.

Authority in Charge:
Ministry of the Interior and Kingdom Relations
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Non-Residential, Public/Government ALL 2008-01-01
Exemptions:
The compliance deadline only applies to existing buildings.
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Penalties for certified experts are initially extra audits and in the worst case loss of licence.
New York City, New York, photo by Songquan Deng
Policy Description:

Announced by Mayor Bloomberg on Earth Day 2009, New York City's Greener, Greater Buildings Plan (GGBP) was hailed as one of the nation's most ambitious efforts to reduce energy waste in buildings by city officials, environmental groups and elected officials. The New York City Council voted overwhelmingly to pass the legislation on Dec. 9, 2009. Roughly 80 percent of New York City's carbon footprint comes from buildings' operations, and 85 percent of existing buildings today will still be in use by the year 2030. Thus, the GGBP was a primary focus of the Mayor's PlaNYC initiative to reduce the city's greenhouse gas emissions by 30 percent by 2030. According to city estimates, the Greener, Greater Buildings Plan will create more than 10,000 jobs in the building and construction sectors, and save consumers $700 million each year in energy costs. It is projected to trim New York City's emissions by nearly 5 percent, the largest projected reduction from any PlaNYC program. The Greener, Greater Buildings Plan is comprised of four energy efficiency bills requiring the benchmarking and public disclosure of building energy performance and water consumption; periodic energy audits and building "tune-ups" known as retro commissioning; lighting upgrades; the sub metering of large tenant spaces; and improvements to the city’s building energy code. The package also includes new government initiatives on green workforce development and retrofit financing. The rating and disclosure provision of the Greener, Greater Buildings Plan requires annual ENERGY STAR benchmarking and public disclosure for city buildings as well as large commercial and multifamily buildings. Benchmarking information will be reported through Energy Star Portfolio Manager in the form of a Compliance Report (pdf below) that is filed with the NYC Department of Finance. The report includes a building's energy use intensity (EUI), ENERGY STAR rating and water use for multiple years. Utilities are encouraged to automatically upload utility bills into ENERGY STAR to assist in the data entry process. In the public disclosure process, all of this information is posted to an online database administered by the city.

In October 2016, the New York City Council passed Int. 1163, which extends benchmarking requirements to commercial and multifamily buildings greater than 25,000 square feet. Mid sized buildings between 25,000 and 50,000 square feet are not required to submit benchmarking reports until their utilities implement automatic upload of energy consumption data to Portfolio Manager, which is expected to occur in 2018.

The Council also passed Int. 1160 which lowers the compliance threshold from 10,000 square feet to 5,000 square feet for commercial tenant spaces that must be submetered in covered buildings. 

Finally Int. 1165 extends the lighting upgrade requirements to common spaces in multifamily buildings like hallways and laundry rooms though dwelling units remain exempt. 

Enacted Date:
2009
Authority in Charge:
Department of Buildings
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 10,000 Sq. Feet 2010-05-01
Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2011-05-01
Multi-Family Greater Than or Equal To 50,000 Sq. Feet 2011-05-01
Multi-Family, Non-Residential Greater Than 25,000 Sq. Feet 2018-05-01
Notes:
For buildings greater than 25,000 square feet but smaller than 50,000 square feet, benchmarking reports will be due on May 1 of the first year that commences after the department determines that whole building energy data can be directly uploaded to Portfolio Manager by the utility. That year is expected to be 2018.
Exemptions:
Exemptions: City buildings less than or equal to 50,000 gross square feet that participate in an HPD program; residential property classified as class one in section 1802, subdivision one of the real property tax law. New York City's policy covers 2.8 billion SF of building area annually.
Number of Buildings Affected:
33,417
Floor Area Affected:
2,800,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Recipients:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Notes:
Public disclosure deadlines are one year after initial benchmarking deadlines.
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
$500 fine for missing May 1st benchmarking deadline, additional $500 fines for each subsequent quarter failing to benchmark (maximum: $2,000)
Compliance Rate (Based on # of Buildings):
87%
Notes:
Compliance data is based on NYC's Energy and Water Use 2013 Report, released in August 2016. This report analyzed benchmarking data collected for calendar year 2013.
Additional Program Information:
Audits:
Yes
ASHRAE Level 2 Audits required every 10 years Performance Exemptions: Energy Star Certification for 2 of 3 preceding years; Energy performance 25 points or more LEED points better than average building of same type
Retrocommissioning:
Yes
Retrocommissioning process is defined in LL 87. Retrocommissioning required every 10 years Performance Exemptions: LEED EBOM Certification with point for Existing Building Commissioning
Water Use Tracking:
Yes
Policy Description:

Executive Order 88 requires all agencies and departments over which the Governor has executive authority to reduce the average EUI in State-owned buildings by at least 20% from a 2010/2011 baseline by April 1, 2020. The Order requires that all affected buildings that have an area greater than 20,000 square feet benchmark their energy consumption annually. Buildings that receive low scores, as determined by guidelines determined by an implementation team, will be required to undergo ASHRAE Level 2 energy audits and implement cost-effective improvements identified in the audit.

 

Authority in Charge:
New York Power Authority
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
Yes

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Additional Program Information:
Audits:
Yes
Buildings that receive low benchmarking scores as defined in the implementation team's guidelines must undergo an ASHRAE Level 2 energy audit.
Oslo, Norway, photo by Andrey Emelyanenko
Policy Description:

FOR 2009-12-18 nr.1665: Regulation regarding the energy certification of buildings and energy estimation of technical installations

Authority in Charge:
Ministry of Local Government and Regional Development; Ministry of Petroleum and Energy; Norwegian Water Resources and Energy Directorate
Tool Name:
Energy Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Public/Government ALL 2010-07-01
Non-Residential Greater Than 1,000 Sq. Meters 2010-07-01
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Fine (numerical values not defined)
Policy Description:

Executive Order 2007-02 establishes that the State of Ohio will use the ENERGY STAR Portfolio Manager tool as the benchmarking tool for state-owned facilities to establish building baselines and measure and track energy use and carbon emissions within the state.

Authority in Charge:
State of Ohio
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
Yes

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Policy Description:

SB 1096 creates the Oklahoma State Facilities Program which called for a centralized effort to gather information pertaining to energy use in state facilities and prioritize conservation projects. The Program requires the use of ENERGY STAR Portfolio Manager to benchmark energy use in all state buildings. The Program targets a 20% reduction in energy use by 2020 compared to 2012. The law directs state facilities to pursue ENERGY STAR certification when certificaiton requirements are met.

Enacted Date:
2012
Authority in Charge:
Office of State Finance
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
Yes

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Policy Description:

The State Energy Efficiency Design (SEED) program directs state agencies to work with the Oregon Department of Energy to ensure cost-effective energy conservation measures are included in new and renovated public buildings. The program was revised in 2001 to require that all state facilities constructed on or after June 30, 2001 exceed the energy conservation provisions of the Oregon State building code by at least 20 percent. Beginning in 2015, state agencies will utilize Portfolio Manager to track, report, and benchmark building-specific  energy data to support the next phase of 20 percent energy reduction by 2023, as specified in Oregon’s 10-Year Energy Action Plan.

 

 

Authority in Charge:
Oregon Department of Energy
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL 2016-01-13
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Policy Description:

On December 5, 2016 the Orlando City Council unanimously passed Ordinance No. 2016-64. The law requires city-owned buildings over 10,000 gross square feet and privately-owned building over 50,000 gross square feet to benchmark their buildings annually. Building owners must also conduct an energy audit or retrocommissioning every five years, unless their building received an ENERGY STAR score at or above 50.

Enacted Date:
2016
Authority in Charge:
City of Orlando's Office of Sustainability & Energy
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 10,000 Sq. Feet 2017-05-01
Multi-Family, Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2018-05-01
Exemptions:
Benchmarking is not required for a city property if: 1) the property does not have a certificate of occupancy or temporary certificate of occupancy for the full calendar year being benchmarked, or 2) full demolition permit has been issued during the previous calendar year, provided that demolition work has commenced, some energy-related systems have been compromised and legal occupancy is no longer possible prior to May 1, or 3) the property does not receive utility services Benchmarking is not required for a non-city property if: 1) it meets any of the exemptions defined for a covered city property, or 2) the director determines that, due to special circumstances unique to the4 applicant's facility and not based on a condition caused by actions of the applicant, strict compliance with provisions of this ordinance would cause undue hardship or would not be in the public interest; or 3) the property qualifies as having a financial hardship; or 4) the property is considered “industry,” “manufacturing,” or is part of a theme park; or 5) substantially all of such non-city property is used for telecommunications infrastructure; or 6) more than 3 meters are associated with the covered non-city property, and, (i) the electric utility does not provide whole-building data aggregation services, and, (ii) the owner does not have access to master meters or other means. Once such services are available from the utility, as determined by the office, such buildings will no longer be exempt from benchmarking requirements, and such buildings shall file initial benchmarking reports in the year following such data availability according to the schedule established in this part.
Number of Buildings Affected:
826
Floor Area Affected:
125,600,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually
Notes:
The Director shall publish a report on the benchmarking of all covered properties including an assessment of compliance rates, an assessment of accuracy and issues affecting accuracy, summary energy consumption statistics, and trends observed, including an assessment of changes across the portfolio over time. Beginning in 2025 and annually thereafter the Director shall make public a report on the progress of auditing for all covered properties, including but not limited to compliance rates, trends observed, correlations of benchmarking scores and recommended measures, the impact of audits on EUIs and ENERGY STAR Scores before and after, and recommendations on how the audit implementation could be improved or the uptake of energy conservation measures increased.

Utility Requirements/Support:

Utility Requirements/Support:
Yes
Notes:
The Orlando Utility Commission is expected to provide whole building utility data to building owners and provide a free energy audit that meets the requirements of the ordinance.

Verification:

Verification:
Yes
Notes:
Benchmarking must be conducted by a qualified benchmarker defined as an individual or entity that possesses a benchmarking certification or other credential approved by the director. Qualified benchmarkers include Registered Architects, Professionals Engineers licensed in the State of Florida, Certified Energy Managers, Certified Facilities Managers, Building Energy Audits Professionals, Individuals with a Certificate of Proficiency of Benchmarking, Real Property Administrators, Facilities Management Administrators, System Maintenance Administrators, System Maintenance Technicians, High Performance Managers, Certified Healthcare Facility Managers, Certified Plant Maintenance Managers, or designated staff with at least three years of professional experience performing benchmarking and energy audits on similar types of buildings, or additional credentials approved by the director.

Compliance:

Compliance Enforcement:
Yes
Additional Program Information:
Audits:
Yes
Audit process should be at least as stringent as or comparable to ASHRAE Level 2. Eligible audits such as the ASHRAE Building Energy Quotient (bEQ) and/or the free commercial audit offered by a utility provider will be allowed to comply with the audit requirements.
An owner may substitute a retrocommissioning for the energy audit requirement.
Gdansk, Poland, photo by PHOTOCREO Michael Bedrnarek
Policy Description:

1) Ordinance of the Ministry of Infrastructure of 6th November 2009 on the methodology for calculating the energy characteristics of a building that constitute an independent technical-usable unit and on patterns for preparing certificates of their energy characteristics (Dz.U. 2008 nr 201 poz. 1240); amendment form 3rd January 2013 (Dz.U. 2013 nr 0 poz. 45); 2) Ordinance of the Ministry of Infrastructure of 21st January 2008 on performing trainings and examinations for persons applying for authorizations on preparing certificates of energy characteristics of buildings, dwellings and parts of buildings that constitute and independent technical – usable unit (Dz.U. 2008 nr 17 poz. 104); amendment form 8th February 2012 (Dz.U. 2012 nr 0 poz. 167); 3) Ordinance of the Ministry of Finance of 28th December 2009 on the obligatory insurance of civil responsibility of a person who prepares certificates on energy characteristics of buildings, dwellings or part of buildings that constitute an independent technical-usable unit (Dz.U. 2009 nr 224 poz. 1802); 4) Ordinance about energy labels of buildings.

Authority in Charge:
Ministry of Transport, Construction and Marine Economy
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Non-Residential, Public/Government ALL
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Policy Description:

On November 7, 2016 the Portland City Council adopted Order 67 16/17. The Order requires municipal buildings greater than 5,000 square feet, non-residential buildings greater than 20,000 square feet and multifamily properties with at least 50 residential units to participate in a benchmarking and transparency program.    

Enacted Date:
2016
Authority in Charge:
City of Portland Energy and Sustainability Coordinator
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Non-Residential Greater Than or Equal To 20,000 Sq. Feet 2018-05-01
Multi-Family Greater Than or Equal To 50 Dwellings 2018-05-01
Public/Government Greater Than or Equal To 5,000 Sq. Feet 2017-05-01
Number of Buildings Affected:
284
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually
Notes:
By December 31, 2020, the Department shall review the effect of this Ordinance on improving energy and water performance for Covered Buildings. If energy and water performance for Covered Buildings has not improved significantly, the Department shall make recommendations to the City Manager as to whether amendments to this Ordinance or other measures are necessary to improve building energy and water performance for Covered Buildings.

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
Yes
Notes:
The City Manager or his or her designee, including but not limited to the Department, may establish certification and/or licensing requirements for the users of Benchmarking Tools.

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
For the first violation, a written warning may be issued. Any subsequent or ongoing violation will be subject to a fine of up to $20.00 per day.
Additional Program Information:
Audits:
No
Retrocommissioning:
No
Water Use Tracking:
Yes
Lisbon, Portugal, photo by Gubin Yury
Policy Description:

The new certification system for the energy performance of buildings, approved by Decree-Law 118/2013, entered into force on December 1 2013.

The new certification system, which transposed EU Directive 2010/31/EC, establishes a clear distinction between the regimes applicable to residential and non-residential buildings (eg, services and commercial buildings), with a view to simplifying and clarifying an issue of significant technical complexity.

For buildings under construction or major renovation, a provisional EPC is required before the construction or renovation takes place. However, this provisional EPC will expire if it is not converted into a final EPC once the work has been completed.

EPCs (and provisional EPCs) are valid for 10 years from the date of issue. EPCs for major services and commercial buildings are valid for six years from the date of issue. However, if there is any change in the building that could affect its energy performance, the EPC will be rendered invalid.

Apart from the owners, developers and real estate agents must now disclose the relevant EPC (or provisional EPC) number and energy performance rating in all advertisements for the sale or rent of buildings covered by the certification system.

Enacted Date:
2013
Authority in Charge:
ADENE
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Non-Residential Greater Than or Equal To 1,000 Sq. Meters
Public/Government Greater Than 500 Sq. Meters
Exemptions:
Shopping centers, supermarkets and covered pools greater than or equal to 500 square meters must comply. On July 1st, 2015, the threshold for buildings owned by a public authority will decrease to 250 square meters.
Transparency:
Required Transparency:
Yes
Transparency Method:
Report to Recipient
Recipients:
Tenants, Buyers, Lessees
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Failure by owner to obtain an EPC is subject to fine ranging from €250 to €44,890. The same fine applies to owners, developers and real estate agents that fail to identify the building's EPC (or provisional EPC) number and energy performance rating.
Policy Description:

On February 6, 2017 the Province of Ontario adopted Regulation 20/17 "Reporting of Energy Consumption And Water Use" under the Green Energy Act of 2009. The regulation requires owners of Ontario's non-residential and multifamily buildings over 50,000 gross square feet to benchmarking and report their buildings' annual energy and water consumption.

Enacted Date:
2017
Authority in Charge:
Ontario Ministry of Energy
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Non-Residential Greater Than or Equal To 250,000 Sq. Feet 2018-07-01
Multi-Family, Non-Residential Greater Than or Equal To 100,000 Sq. Feet 2019-07-01
Multi-Family, Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2020-07-01
Notes:
Multifamily buildings with gross floor area of 50,000 square feet and 10 or more dwelling units are required to comply.
Exemptions:
Buildings are exempt if at least 50 percent of the property's gross floor area is occupied by a public agency; 10 percent of the property's gross floor area functions as a data center, television studio, or trading floor; 10 percent of the property's gross floor area is used for manufacturing processing, commercial processing, agricultural processing or industrial processing, if the environmental conditions within the property are governed mainly by the operations or processes within the building. Additional exemptions: 1. Any owner of the property is an insolvent person at any time during the year. 2. If at any time during the year the property is subject to a tax arrears certificate; a power of sale or foreclosure under a mortgage; or a write of execution. 3. During that year, the property has an average occupancy rate of less than 50 percent. 4. The property is newly constructed and a certificate for the occupancy is issued in that year
Transparency:
Required Transparency:
Yes
Transparency Trigger:
Date Certain
Frequency:
Annually
Notes:
The Ontario Energy Ministry will not publicly disclose the first year of reported data for each of the three roll-out phases to provide an opportunity for building owners to gain experience with reporting before their data is made publicly available. Data elements that will be publicly disclosed include property identification and building performance information, such as ENERGY STAR score, energy, water and GHG intensity, building age and confirmation of whether data was verified by an accredited or certified professional.
Reporting:
Required Reporting:
Yes

Utility Requirements/Support:

Utility Requirements/Support:
Yes
Notes:
A utility/power distributor must provide aggregated whole building monthly energy consumption data to a property owner who requests it.

Verification:

Verification:
Yes
Notes:
Buildings that are greater than or equal to 100,000 square feet will be required to have their data verified by an accredited or certified professional in the first year they are required to report, then every five years thereafter to ensure the reliability of publicly reported data. Verification may be performed by someone who holds an accreditation or certification from an accrediting body recognized in Canada or the United States that qualifies the person to perform data verification such as a certified energy manager, building operator, measurement and verification professional or commissioning agent. The verifier may be an employee of the owner.

Compliance:

Compliance Enforcement:
Yes
Additional Program Information:
Audits:
No
Retrocommissioning:
No
Water Use Tracking:
Yes
Bucharest, Romania, photo by Felea Adina
Policy Description:

Law Nr. 372/2005 of 13th December 2005 (republished in 2013)

Enacted Date:
2005
Authority in Charge:
Ministry of Regional Development and Public Administration
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family Greater Than or Equal To 50 Sq. Meters
Non-Residential, Public/Government ALL
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (on demand), Rent (on demand)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Policy Description:

The Salt Lake City Council passed the Commercial Building Benchmarking and Market Transparency ordinance on August 30, 2017. The ordinance requires city-owned buildings greater than or equal to 3,000 gross square feet and privately-owned non-residential buildings 25,000 gross square feet and higher to benchmark their buildings' annual energy and water consumption and report the results to the city. The city will make identifying information publicly available for buildings receiving ENERGY STAR scores of 49 or below. Additionally, buildings with scores below 50 that are eligible to participate in a utility tune-up incentive program will be required to complete a tune-up evaluation. The evaluation will inform owners of measures they can take to improve the operational performance of their facilities.

Authority in Charge:
Salt Lake City Department of Sustainability
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than or Equal To 3,000 Sq. Feet 2018-05-01
Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2019-05-01
Non-Residential Greater Than or Equal To 25,000 Sq. Feet 2020-05-01
Notes:
Buildings are not required to benchmark if: 1. Average occupancy throughout the calendar year for which benchmarking is required is less than 60% 2. They are under financial hardship, as defined in the ordinance. 3. Due to special circumstances, strict compliance with the ordinance would cause undue hardship or not be in the public interest 4. An owner is unable to benchmark due to the failure of either a utility provider or a tenant to report the information necessary for the owner to complete any benchmarking submittal requirement.
Exemptions:
City-owned buildings that are exempt: wastewater reclamation plants, buildings used for heavy manufacturing. Privately-owned buildings that are exempt: houses of worship, apartments, agricultural storage facilities and greenhouses, buildings used for heavy manufacturing purposes, oil and gas production facilities, buildings containing: a movie/television/radio production studio, soundstages, broadcast antennae, data center, or trading floor that together exceed 10% of Gross Floor Area. Privately owned buildings are exempt if they meet the following conditions: 1. New construction with a Certificate of Occupation issued less than two years prior to the applicable deadlines 2. Do not have a Certificate of Occupation or temporary Certificate of Occupation for all 12 months of the calendar year being benchmarked 3. Have a full demolition permit for the prior calendar year, provided that demolition work has commenced, some energy-related systems have been compromised, and legal occupancy is no longer possible at some point during the calendar year being benchmarked 4. Do not receive utility services 5. Are not assessed ad valorem real property taxes by Salt Lake County
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Transparency Trigger:
Date Certain
Frequency:
Annually
Notes:
Benchmarking data is made publicly available on September 1, beginning in a building's first compliance year. The ordinance only publishes identifying information for buildings if their ENERGY STAR score is greater than 50.
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No
Notes:
A randomly-selected subset of benchmarking submissions not to exceed 10% of the total benchmarking submissions in a given year may be subject to verification by the city.

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
If after three written notices, an owner has not compiled with the ordinance, that owner may be fined up to $500 per violation, not to exceed $1,000 annually.
Additional Program Information:
Retrocommissioning:
Yes
Tune-up evaluations of Base Building Systems are required for buildings that are eligible for participation in a utility-sponsored tune-up incentive program, as determined by the utility offering the incentive program and that have an Energy Star Score of 49 and below. Evaluations for buildings meeting these conditions must be completed once every 5 years. Owners are not required to implement any of the tune-up measures identified in the evaluation. The tune-up evaluation is not required if: 1. The building is less than 5 years old. 2. If a registered design professional or tune-up professional certifies that: a. The building has an ENERGY STAR score of 50 or above for the year prior to the first tune-up due date or for at least two of the three years preceding the due date. b. There is no ENERGY STAR rating for the building type and the owner submits documentation that the building's energy performance is better than the energy performance of an average building of its type for tow of the three years preceding the due date. c. The building has received certification under the most recent LEED 2009 rating system for Existing Building Operation and Maintenance, or Existing Buildings Version 4 rating system or future iterations of LEED, or other substantially similar rating systems for existing buildings, for at least tow of the three years preceding the due date. d. The building has performed a tune-up evaluation with the past 5 years. 3. The building has a persistent commissioning program.
Water Use Tracking:
Yes
San Francisco, California, photo by Andrew Zarivny
Policy Description:

The San Francisco Board of Supervisors unanimously passed the Existing Commercial Buildings Energy Performance Ordinance in Feb. 2011. The ordinance requires annual benchmarking, periodic energy audits and the public availability of benchmarking information for nonresidential and public buildings. It augments California law AB 802 which enacted a benchmarking and transparency program for non-residential and multifamily buildings in 2015. The ordinance is based on proposals by the Task Force on Existing Commercial Buildings, convened in 2009 by Mayor Gavin Newsome to develop and recommend actions to reduce energy consumption and carbon emissions, enhance electricity reliability and improve the competitiveness of commercial buildings in San Francisco. The Task Force included local commercial real estate owners, building operators, green building consultants, utilities and banks, and was advised by city and state policymakers. Non-residential buildings are to report benchmarking scores to the San Francisco Department of Environment (SFDOE) in the form of an Annual Energy Benchmark Summary. Annual reporting of benchmarking scores will occur on April 1st each year after the initial reporting deadline. The very first AEBS score was not made publicly available to give owners a chance to understand the process and improve performance.

Enacted Date:
2011
Authority in Charge:
San Francisco Department of Environment
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2011-10-01
Non-Residential Greater Than or Equal To 25,000 Sq. Feet 2012-04-01
Non-Residential Greater Than or Equal To 10,000 Sq. Feet 2013-04-01
Public/Government Greater Than or Equal To 50,000 Sq. Feet 2011-10-01
Public/Government Greater Than or Equal To 25,000 Sq. Feet 2012-04-01
Public/Government Greater Than or Equal To 10,000 Sq. Feet 2013-04-01
Exemptions:
Exemptions: New buildings with Certificate of Occupancy from the Dept. of Building Inspection dated less than 2 years prior to benchmarking due date; Unoccupied buildings: less than 1 full-time equivalent occupant for previous calendar year The city took the initiative to benchmark and disclose the energy use of its municipal buildings. The city's first report reveals municipal buildings' energy use for calendar year 2011.
Number of Buildings Affected:
2,312
Floor Area Affected:
203,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website
Recipients:
Tenants
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually

Utility Requirements/Support:

Utility Requirements/Support:
Yes
Notes:
Pacific Gas & Electric, along with other serving utilities, is required by California's state law AB802 to aggregate and provide data for buildings that meet the state's threshold requirements of three or more accounts for non-residential buildings or five or more accounts if any residential accounts are present.

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Warning, then public notice, then fine
Compliance Rate (Based on Building Area):
82% (2013)
Additional Program Information:
Audits:
Yes
ASHRAE Level 2 for buildings >= 50,000 Sq. Feet ASHRAE Level 1 for buildings 10,000 - 49,999 Sq. Feet Audits due every 5 years Performance Exemptions: Energy Star Certification; EUI 25% better than similar building average; Improvement by 15%; LEED EBOM
Retrocommissioning:
Yes
Owners may comply by conducting retrocommissioning instead of an energy audit every 5 years.
Water Use Tracking:
No
Seattle, Washington, photo by cpaulfell
Policy Description:

In January 2010, the Seattle City Council unanimously passed Council Bill 116731, an ordinance that requires benchmarking and disclosure for nonresidential and multifamily buildings 20,000 square feet (sf) or greater. The ordinance expands on the Green Building Capital Initiative, a comprehensive strategy proposed in 2009 by former Mayor Greg Nickels to reduce the climate impact from Seattle's homes and buildings. The design of the benchmarking requirement is based on proposals from the City of Seattle's Green Building Task Force. The 50-member group of public- and private-sector stakeholders met in 2008 and 2009 to generate policy recommendations for achieving energy efficiency and consumption reduction targets laid out in the Green Building Capital Initiative. Their findings were issued in April 2009 and incorporated into legislation that was ultimately signed by Mayor Mike McGinn on Feb. 1, 2010. The Seattle policy compliments a transactional commercial rating program in Washington State. Seattle Council Bill 117575 was passed as an amendment to the original bill on September 17th, 2012, raising the square footage threshold to 20,000 sf and restructuring enforcement of the requirement. Owners of nonresidential and multifamily buildings must benchmark energy performance with Energy Star Portfolio Manager and annually report their results to the Seattle Office of Sustainability and Environment, and disclose upon request to transactional parties. Building owners must disclose a Statement of Energy Performance from their EPA ENERGY STAR Portfolio Manager account to current tenants as well as prospective buyers, tenants, and lenders. Seattle Energy Benchmarking Helpline - (EnergyBenchmarking@seattle.gov; 206-727-8484 www.seattle.gov/energybenchmarking)

In March 2016, the Seattle City Council passed Council Bill 118630 amending the Building Energy Benchmarking and Reporting Program to make benchmarking reports available to the public. The amendment also orders utilties to upload aggregated utility consumption data into an owner's Energy Star Portfolio Manager account provided written authorization from a representative of the owner.

In March 2016, Seattle City Council passed Council Bill 118631. The ordinance requires owners of nonresidential buildings greater than or equal to 50,000 square feet to complete a tune-up of buildings once every five years.

A building tune-up is defined as:

1. An inspection of building energy and water systems conducted by a qualified tune-up specialist and resulting in a report of findings and recommendations for improving building energy operations; and

2. Actions taken to optimize energy and water performance by implementing all low-cost adjustments and minor repairs to existing buildings’ energy and water systems as determined by the Office of Sustainability & Environment Director.

Enacted Date:
2012
Authority in Charge:
Director of the Seattle Office of Sustainability and Environment
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Multi-Family, Non-Residential, Public/Government Greater Than or Equal To 50,000 Sq. Feet 2012-10-01
Multi-Family, Non-Residential, Public/Government Greater Than or Equal To 20,000 Sq. Feet 2013-04-01
Exemptions:
Buildings subject to the Seattle Residential Code are exempt. Per the Director's Rule, buildings used primarily for manufacturing or industrial purposes are also exempt from all benchmarking, disclosure, and reporting requirements. Compliance for multifamily and nonresidential buildings less than 20,000 square feet is encouraged, but is voluntary.
Number of Buildings Affected:
3,250
Floor Area Affected:
281,200,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Public Website, Report to Recipient
Recipients:
Public Website, Tenants, Buyers, Lenders
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (on demand), Rent (on demand), Financing
Notes:
Seattle requires benchmarking reports be shared at time of transaction as well as on a public website on an annual basis.
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually

Utility Requirements/Support:

Utility Requirements/Support:
Yes
Notes:
Upon written or secure electronic authorization by an authorized representative of the building owner, the utility providing energy service to the building must upload the utility consumption data for the accounts to Energy Star Portfolio Manager.

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Penalties accrue quarterly, starting 90 days after reporting deadlines. Buildings 50,000 SF or greater: $1,000/quarter. Buildings greater than or equal to 20,000 SF and less than 50,000 SF: $500/quarter
Number of Buildings in Compliance:
2,992
Area of Buildings in Compliance:
267,200,000 Sq. Feet
Compliance Rate (Based on # of Buildings):
99.2 (2013)
Compliance Rate (Based on Building Area):
99.4% (2013)
Notes:
This compliance data is for the 2013 energy reporting year. Non-Residential: 1,651 buildings (99% compliance) with 178.6 million square feet (99.2% compliance). Multifamily: 1,565 buildings (99.5% compliance) with 102.4 million square feet (99.7% compliance).
Additional Program Information:
Audits:
No
Retrocommissioning:
Yes
Seattle's policy requires "tune-ups" of nonresidential buildings greater than or equal to 50,000 gross square feet. Though the term is different, the process it describes is roughly equivalent to retro-commissioning. In the case of mixed-use buildings, the owner must perform a tune-up only on the nonresidential portion of the building if that portion is greater than or equal to 50,000 square feet. Tune-Ups are required every 5 years. Owners must implement all Tune-Up measures predicted to pay back in 2-3 years. Performance Exemptions: High certified Energy Star Score; Green Building Certification equivalent to LEED EBOM Gold or Living Future Institute Net-Zero; Evidence of continuous commissioning; Completion of an approved utility RCx program; 15% energy savings within 3 years of due date; Completion of ASHRAE Level 2 audit and implemented all cost-effective measures; Participation in Seattle City Light Energy Assistance Analysis program and implemented cost-effective measures
Water Use Tracking:
No
Policy Description:

Senate Bill 220, passed in 2010, requires Alaska state agencies to benchmark their facilities' energy consumption and collect information on their energy costs. As of June 2013, the state had benchmarked over 1,700 public facilities.

In addition to the benchmarking requirements, SB 220 requires energy retrofits of 25 percent of the state's public buildings that are 10,000 square feet or greater, not including legislative or court buildings. The energy retrofits must reduce building energy use by at least 15 percent

Enacted Date:
2010
Authority in Charge:
Office of Management and Budget
Tool Name:
Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL 2017-03-16
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Number of Buildings in Compliance:
1,700
Koà ¡ice, Slovakia, photo by FarkasB
Policy Description:

Ministerial Decree of Ministry of Construction and Regional Development of SR N° 364/2012 Coll. (sets the technical standards is aslo refered in Decree)

Authority in Charge:
Ministry of Transport, Construction and Regional Development
Tool Name:
Energy Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Non-Residential ALL
Public/Government Greater Than or Equal To 500 Sq. Meters
Public/Government Greater Than or Equal To 250 Sq. Meters 2016-01-01
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (on demand), Rent (on demand)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Certified expert subject to penalty up to 5000 Euro by state inspection authority if energy certification was not following Act 555/2005 Coll. ammended by Act 300/2012 Coll., OR (see compliance notes)
Notes:
OR following technical standards determining calculation, minimum requirements, mandatory design and content of energy certificate. Legal entity may be subjected to a fine of 500 - 3000 Euro when failed to display energy certificate on a clearly visible place in a building with high frequency of visitors. This applies to an entity which owns building occupied by public authorities or institutions providing public services to large number of persons. The same fine applies to a natural body that owns apartment house or another residential or non-residential building for the purpose of renting. Fines apply when the owner neglects following obligations: • Owner is required to obtain a certificate • The owner of the building is required to keep the energy certificate for the duration of its length of validity • At selling the building, a valid energy certificate must be handed over to the new owner • At renting the building, an approved copy of the energy certificate must be handed over to the tenant • EC must be prominently displayed so that it is visible for tenants, accommodated persons or employees • Owner´s responsibility is to ensure that the periodic control of boiler and air conditioning equipment is being held.
Ptuj, Slovenia, photo by Gary Yim
Policy Description:

1) Regulation on the methodology for producing and issuing energy performance certification of buildings (""Pravilnik o metodologiji izdelave in izdaji energetskih izkaznic stavb""), Ur.l.Št. 77/2009, 02.10.2009; 2) Regulation on the training, licensing and register of licenses of independent experts for energy performance certification of buildings (""Pravilnik o izobraževanju, licencah in vodenju registra licenc neodvisnih strokovnjakov (čl. 10) izdajanje energetskih izkaznic stavb""), January 2010.

Enacted Date:
2009
Authority in Charge:
Ministry of Energy; Ministry of Environment and Spatial Planning
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Non-Residential, Public/Government ALL
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Barcelona, Spain, photo by Luciano Mortula
Policy Description:

Royal Decree 47/2007, 19 January, approving the Basic Procedure for Energy Certification of New Buildings

Enacted Date:
2007
Authority in Charge:
Ministry of Industry, Tourism and Trade; Ministry of Development (within which the old Ministry of House has been integrated)
Tool Name:
Energy Efficiency Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Non-Residential, Public/Government Greater Than 1,000 Sq. Meters 2007-10-01
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Fine
Stockholm, Sweden, photo by leoks
Policy Description:

1) Law (2006:985) on energy certification/declaration of buildings; 2) Ordinance (2006:1592) on energy declaration of buildings; 3) Regulation (2007:4) on energy declaration of buildings (last amendment (2010:6)); 4) Regulation (2007:5) on energy experts (last amendment (2010:7)).

Authority in Charge:
Ministry of Enterprise; National Board of Housing, Building and Planning.
Tool Name:
Energy Certification
Building Types Affected Size Compliance Deadline
Public/Government Greater Than 1,000 Sq. Meters
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Fine
Zurich, Switzerland, photo by SBorisov
Policy Description:

MuKEn 2008 ("Mustervorschriften der Kantone im Energiebereich"): example regulations of the cantons in the energy field.

Authority in Charge:
Swiss Office of Energy/EnDK
Tool Name:
Building energy performance certificate of the cantons
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family, Non-Residential ALL
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
London, United Kingdom, photo by Iakov Kalinin
Policy Description:

An Energy Performance Certificate (EPC) rates how energy efficient your building is using grades from A to G (with ‘A’ the most efficient grade).

Authority in Charge:
Department for Communities and Local Government
Tool Name:
Energy Performance Certificate
Building Types Affected Size Compliance Deadline
Single-Family, Multi-Family ALL 2008-04-06
Non-Residential Greater Than 10,000 Sq. Meters 2008-04-06
Non-Residential Greater Than 2,500 Sq. Meters 2008-07-01
Non-Residential ALL 2008-10-01
Public/Government ALL 2008-10-01
Exemptions:
The displayed compliance deadlines are only for new construction. For existing buildings, the compliance deadlines are as follows: Single-Family and Multi-Family: 2007-06-01 Non-Residential (> 10,000 sq. meters): 2008-04-06 Non-Residential (> 2,500 sq. meters): 2008-07-01 Non-Residential (all buildings): 2008-10-01 Public/Government: 2008-10-01 Exempted if building is any of the following: listed or officially protected and the minimum energy performance requirements would unacceptably alter it a temporary building only going to be used for 2 years or less used as a place of worship or for other religious activities an industrial site, workshop or non-residential agricultural building that doesn’t use much energy a detached building with a total floor space under 50 square metres due to be demolished by the seller or landlord and they have all the relevant planning and conservation consents A building is also exempt if all of the following are true: it’s due to be sold or rented out with vacant possession it’s suitable for demolition and the site could be redeveloped the buyer or tenant has applied for planning permission to demolish it
Transparency:
Required Transparency:
Yes
Recipients:
Tenants, Buyers
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
You can be fined between £500 and £5,000 based on the rateable value of the building if you don’t make an EPC available to any prospective buyer or tenant.
Policy Description:

Executive Order 2006-0004 which required state facilities managers to adopt practical conservation practices and procedures. It also required the Utah Department of Environmental Quality to prepare a report regarding each agency's efforts to achieve the State's 2015 energy efficiency goal of a 20% increase in the energy efficiency of state buildings by 2015. In response to the Order, the Division of Facilites Construction and Management required all state buildings to benchmark energy consumption using ENERGY STAR Portfolio Manager.

 

.

Authority in Charge:
State of Utah
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government ALL
Transparency:
Required Transparency:
No
Reporting:
Required Reporting:
Yes

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Policy Description:

On May 8, 2009, Washington Governor Chris Gregoire signed into law SB 5854, also known as the Efficiency First bill. Focusing on energy efficiency in the built environment, the bill requires commercial building energy rating and disclosure, major improvements to the state energy code, and energy performance standards and retrofits (if necessary) for public buildings. The bill also requires the state to recommend a methodology to rate the energy performance of homes. The benchmarking provisions are based on proposals from the Washington Climate Action Team, which convened in 2008 to develop recommendations to reduce greenhouse gas emissions in Washington. The statewide program is augmented by an annual benchmarking policy for commercial buildings in Seattle. SB 5854, modeled after AB 1103 in California, requires owners of nonresidential buildings larger than 10,000 SF to rate their buildings using ENERGY STAR software and disclose that information to prospective buyers, lessees and lenders prior to the closing of a transaction. Utilities are required beginning Jan. 1, 2010, at the request of a building owner, to automatically upload energy consumption information for a building into ENERGY STAR software. For public buildings, the requirements are more stringent. A preliminary energy audit is required for buildings with an ENERGY STAR rating less than 50. If that audit identifies cost effective energy savings, an investment grade audit is required by July 1, 2013 and cost-effective measures must be implemented by 2016. Additionally, state agencies may not sign a new lease or a lease renewal in a privately owned building with a Portfolio Manager rating of less than 75, unless certain energy efficiency measures are utilized. The provision is modeled after a federal requirement on the U.S. General Services Administration enacted under the Energy Independence and Security Act of 2007.

Enacted Date:
2009
Authority in Charge:
Department of Community, Trade, and Economic Development
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Public/Government Greater Than 10,000 Sq. Feet 2010-07-01
Non-Residential Greater Than or Equal To 50,000 Sq. Feet 2011-01-01
Non-Residential Greater Than or Equal To 10,000 Sq. Feet 2012-01-01
Number of Buildings Affected:
4,600
Floor Area Affected:
247,000,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Recipients:
Buyers, Lessees, Lenders
Transparency Trigger:
Point of Transaction
Transparency Trigger Events:
Purchase/sell (required), Rent (required)
Notes:
State agencies must disclose benchmarking data for public buildings by July 1, 2010 to the state General Administration (GA), which will make the information public.
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes
Additional Program Information:
Audits:
Yes
Water Use Tracking:
No
Policy Description:

The borough of West Chester, PA requires new private commercial buildings to be designed to earn ENERGY STAR certification. One year after the building becomes operational it must begin annual benchmarking and must apply for the ENERGY STAR label. 

Authority in Charge:
Borough of West Chester, Pennsylvania
Tool Name:
ENERGY STAR Portfolio Manager
Building Types Affected Size Compliance Deadline
Non-Residential ALL 2016-11-01
Notes:
The policy applies to all new commercial construction that is subject to conditional use approvals by the Borough. In West Chester, conditional use approvals are required for buildings higher than 45 feet.
Transparency:
Required Transparency:
Yes
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
No

Utility Requirements/Support:

Utility Requirements/Support:
No

Verification:

Verification:
No

Compliance:

Compliance Enforcement:
Yes