Building Energy and Water Scoring

Sec. 12-201. - Purpose and applicability.

The purpose of this Article is to establish a Building Energy and Water Scoring Program that requires owners of existing buildings (“Covered Buildings”) to benchmark building energy and water performance, and makes such building performance information publicly available, in the interest of increasing transparency and access to community building information, and enhanced coordination and efficiencies among City energy efficiency programs and partner organizations across public, nonprofit, and private sectors.

The provisions of this Article shall:

Apply to any person who owns a Covered Building or is a registered agent of an entity owning a Covered Building within the City limits; and

Apply to aggregated utility usage data reported in a statistical format; including ENERGY STAR® score.

This Article shall not apply to Fort Collins Utilities customer financial data or other data protected from disclosure under § 26-26 of this Code, unless requested in writing by the utility customer.

This Article applies to privately owned covered buildings as defined in §12-202 and in C.R.S. §25-7-142.

Sec. 12-202. - Definitions.

The following words, terms and phrases, when used in this Article, shall have the meaning ascribed to them in this section. Words, terms and phrases defined in the rules, regulations, policies and procedures adopted by the City Manager shall have the meaning set forth therein:
Benchmarking shall mean measuring a Covered Building’s energy performance using the ENERGY STAR® Portfolio Manager® tool.
Covered building shall mean any building or group of adjacent buildings in the City of Fort Collins with a Gross Floor Area that is five thousand (5,000) square feet or larger and is a commercial covered building as defined by ENERGY STAR® Portfolio Manager® or Commercial Building Energy Consumption Survey (CBECS) published by the United States Energy Information Administration (EIA). Covered buildings include apartment and condominium buildings three stories or more in height above grade and representing multifamily structures defined by a typical R-2 occupancy by the International Building Code.

Energy Efficiency Program shall mean the administrative program funded by the City of Fort Collins Utilities providing rebate and incentive money for energy efficiency upgrades for new construction and existing commercial buildings.

ENERGY STAR® Portfolio Manager® shall mean the online tool created by the US Environmental Protection Agency used to measure and track a building's energy use, water consumption, waste diversion and greenhouse gas emissions.

Energy use intensity or EUI shall mean a building's energy use expressed as energy per square foot per year as a function of its size and other characteristics. A whole building's EUI is typically measured in thousands of BTU per square foot per year (kBTU/ft 2 /yr).

Sec. 12-203. - Building energy and water score reporting.

Reporting properties. Owners of commercial and multifamily covered buildings, including City-owned covered buildings, with a gross floor area greater than five thousand (5,000) square feet, shall begin benchmarking building energy and water usage through ENERGY STAR ® Portfolio Manager® starting June 1, 2022, and follow an annual reporting cycle thereafter:
Ongoing compliance. Each covered building owner will report on an annual basis, as follows:

Benchmarking. The Owner shall provide the information necessary to benchmark energy and water usage as defined in § 12-202 for the previous calendar year, such that reported data encompasses January 1 to December 31 of the prior calendar year .

Reporting. For every building subject to this Article, the Owner shall annually submit to the City an energy and water benchmarking report according to the schedule set forth herein. The report shall be based on data entered into ENERGY STAR ® Portfolio Manager ® reflecting the energy and water performance information for the whole building during the full calendar year reported. The report shall, at minimum, include the building address, facility gross square footage, property type, and the individual or entity responsible for submitting the benchmarking report.

Transparency. Reported benchmarking information and data obtained from reports submitted pursuant to this Article, including ENERGY STAR score, Energy Use Intensity, and Water Use Intensity, shall be available to the public, consistent with City open data policies, as adopted in Resolution No. 2017-014 and as amended from time to time.

Building Performance Standards. The City Manager will promulgate rules consistent with §12-207 and pursuant to capital expansion projects, facilities master plan and design standards for City-owned buildings by December 31, 2022, establishing performance standards to achieve a reduction in building energy use of seven percent (7%) by 2026, compared to 2021 benchmarking data. City-owned building energy performance will be included in annual reports submitted to City Council as required in §12-208.

Sec. 12-204. - Data verification; records retention.

Owners are required to submit accurate and complete data as defined in this Article and ENERGY STAR® Portfolio Manager® How to Get Utility Data into Portfolio Manager® and by using the data quality checker tool within ENERGY STAR® Portfolio Manager® for each Covered Building in their portfolio.
Owners shall maintain the following records for a period of at least three years, and shall make such records available for inspection during business hours upon reasonable notice from the City:

ENERGY STAR® Portfolio Manager® account data;

Proof of tenant data requests for energy or space use attribute data from any separately metered tenants; and

Any back-up information substantiating the energy data and space use attribute information entered into the ENERGY STAR® Portfolio Manager®.

Any person who fails, neglects or refuses to submit accurate and complete data as required by this Article is subject to enforcement under § 12-206 of this Code.

Sec. 12-206. - Implementation.

The City Manager may adopt such other rules and regulations concerning the benchmarking and reporting of building performance information as may be necessary to implement the provisions of this Article not in conflict with such provisions.

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