San Francisco's Ordinance 17-11
San Francisco Ordinance 17-11 requires that owners of nonresidential buildings with a gross area of 10,000 sq ft or greater conduct energy efficiency audits and create energy efficiency audit reports for each such building . Energy efficiency audits shall comprehensively examine whole buildings and must be completed on the schedule set forth in Section 2004,
Energy efficiency audits required by this Chapter shall meet or exceed the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE) Procedures for Commercial Building Energy Audits (2004) or shall comply with Section 2006 as applicable.
(1) Buildings greater than 50,000 square feet in gross area shall receive comprehensive audit of the whole building which meets or exceeds the Level II Audit standard or equivalent as determined by the Director.
(2) Buildings greater than 10,000 square feet and less than or equal to 49,999 square feet in gross area receive a walk through audit of the whole building which meets or exceeds the Level I audit standard, or equivalent as determined by the Director.
The owner of every non-residential building of greater than 10,000 gross square feet in the City shall annually file with the Department of the Environment an Annual Energy Benchmark Summary report ("AEBS") for each covered building using ENERGY STAR® Portfolio Manager and according to the schedule set forth in Section 2004 of this Chapter.
Building owners shall use "EPA ENERGY STAR® Portfolio Manager" to track the total energy use of each non-residential building and obtain an ENERGY STAR® Portfolio Manager Energy Performance Rating for each applicable entire nonresidential building according to the schedule provided in Section 2004.
The owner of every non-residential building shall file a Confirmation of Energy Efficiency Audit for each covered building with the Department of the Environment according to the schedule set forth in Section 2004 or Section 2006 of this Chapter, as applicable.
Note the The Department of the Environment shall make available to the public, an update at least annually of limited summary data.
The owner of the building must make the Annual Energy Benchmark Summary report available to all tenants occupying the building.
Where a unit or other space in a covered building is occupied by a tenant and such unit or space is separately metered by a utility company, the owner of the building shall acquire energy usage data for all meters in the building solely for the purpose of benchmarking the energy performance of the building as a whole. Nothing in this Chapter shall require or in any way change the ability of a building owner to report or disclose energy usage of individual tenants.
To assist with the reliability and utility of Annual Energy Benchmark Summary and Confirmation of Energy Efficient Audit report data, as well as to verify good faith compliance with this Chapter, the Director shall have the authority to review relevant documents, including an ENERGY STAR® Statement of Energy Performance signed by an energy professional, or Energy Efficiency Audit Report. In the event an energy efficiency audit report or Statement of Energy Performance is found to have failed to meet the criteria in Section 2002(a) through (d), The Director may apply the administrative penalties specified in Section 2009, and the building owner shall correct the errors and resubmit the energy efficiency audit report or Statement of Energy performance within 45 days of being notified by the Director of the insufficiencies of the original submission.
The schedule for compliance is as follows for Annual Energy Benchmark Summary Reports from Portfolio Manager:
For a non-residential building with gross area greater than 50,000 square feet, the owner must complete and submit the initial Annual Energy Benchmark Summary report on or before October 1, 2011, and annually no later than April 1 thereafter. Annual Energy Benchmark Summary report data submitted prior to January 1, 2012 shall not be published, is exempt from Section 2003(c) and (d) of this Chapter, and shall remain confidential to the extent permitted by law, unless designated in writing by the building owner to be public or otherwise demonstrated to be common knowledge.
For a non-residential building with gross area greater than 25,000 square feet but less than or equal to 49,999 square feet, the owner must complete and submit the initial AEBS on or before April 1, 2012, and annually no later than April 1 thereafter. Annual Energy Benchmark Summary report data submitted prior to January 1, 2013 for buildings less than or equal to 50,000 square feet shall not be published, is exempt from Section 2003(c) and (d) of this Chapter, and shall remain confidential to the extent permitted by law, unless designated in writing by the building owner to be public or otherwise demonstrated to be common knowledge.
For a non-residential building with gross area greater than 10,000 square feet but less than 24,999 square feet, the owner must complete and submit the initial AEBS on or before April 1, 2013, and annually no later than April 1 thereafter. Annual Energy Benchmark Summary report data submitted prior to January 1, 2013 for buildings less than or equal to 25,000 square feet shall not be published, is exempt from Section 2003(c) and (d) of this Chapter,and shall remain confidential to the extent permitted by law, unless designated in writing by the building owner to be public or otherwise demonstrated to be common knowledge.
Energy Efficiency Audits and Reporting. No later than 120 days after enactment of this Chapter, the Department of Environment shall establish a schedule for energy efficiency audit reports for nonresidential buildings not covered by Section 2006, such that: (A) To ensure sufficient energy auditing capacity, due dates for initial energy efficiency audits for all covered buildings shall be staggered over a three five year rolling deadline, starting no later than 12 months after the effective date of this ordinance, with subsequent energy efficiency audits and energy efficiency audit reports every five years thereafter, (B) All buildings required to undertake an energy efficiency audit shall be assigned a specific date when a completed energy efficiency audit is due, (C) The Department of Environment shall notify the owner of each covered building of the requirements of this article one year prior to the date an energy efficiency audit is required to be completed.
The owners of covered buildings in existence on the effective date of this Chapter may comply with the first assigned due date for an energy efficiency audit by submitting records of audits, retro-commissioning, and retrofits performed not more than 3 years prior to the effective date of this ordinance, provided that the entire building was evaluated and that the energy efficiency audit reports performed prior to the completion of rule-making are signed and dated by a Professional Engineer, Certified Energy Manager, Certified Energy Auditor, or person with similar professional credentials as determined by the Director. Such submissions shall include certification that all work associated with the audit (including but not limited to surveys, inspections, and analyses) was completed not more than 3 years prior to the effective date of this ordinance, and meets at least one of the following criteria:
(A) For buildings greater than 50,000 square feet in gross area, energy efficiency audits performed prior to the completion of rule-making must meet the Level II audit standard,
(B) For buildings 49,999 square feet in gross area or less, energy efficiency audits performed prior to the completion of rule-making must meet the Level I audit standard,
(C) An energy efficiency audit of the entire building for work implemented under the San Francisco Energy Watch program, or
(D) Other comprehensive energy efficiency audit of the entire building, subject to approval by the Director.
ENFORCEMENT
(a) Written Warning of Violation. The Director shall issue a written warning to any building owner he or she determines is violating any provision of this Chapter. In the event a building owner fails to file an AEBS report for 30 days or more after the relevant deadline, the Director shall indicate that building's compliance status via the publicly accessible electronic reporting interface. If 45 days after issuing a written warning of violation from the Director, the Director finds that building owner continues to violate any provisions of this Chapter, the Director may impose administrative fines as provided in this Section.
(b) Administrative Fines. Violations of the provisions of this Chapter, or of any regulations issued by the Director pursuant to Section 2007, may be punished by administrative fines as follows: (l) For buildings of 50,000 square feet and greater, up to $100.00 per day for a maximum of 25 days in one twelve-month period for each building in violation. (2) For buildings of 49,999 square feet or less, up to $50.00 per day for a maximum of 25 days in one twelve-month period for each building in violation.
To see the details of San Francisco Ordinance 17-11 click here.
Energy efficiency audits required by this Chapter shall meet or exceed the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE) Procedures for Commercial Building Energy Audits (2004) or shall comply with Section 2006 as applicable.
(1) Buildings greater than 50,000 square feet in gross area shall receive comprehensive audit of the whole building which meets or exceeds the Level II Audit standard or equivalent as determined by the Director.
(2) Buildings greater than 10,000 square feet and less than or equal to 49,999 square feet in gross area receive a walk through audit of the whole building which meets or exceeds the Level I audit standard, or equivalent as determined by the Director.
The owner of every non-residential building of greater than 10,000 gross square feet in the City shall annually file with the Department of the Environment an Annual Energy Benchmark Summary report ("AEBS") for each covered building using ENERGY STAR® Portfolio Manager and according to the schedule set forth in Section 2004 of this Chapter.
Building owners shall use "EPA ENERGY STAR® Portfolio Manager" to track the total energy use of each non-residential building and obtain an ENERGY STAR® Portfolio Manager Energy Performance Rating for each applicable entire nonresidential building according to the schedule provided in Section 2004.
The owner of every non-residential building shall file a Confirmation of Energy Efficiency Audit for each covered building with the Department of the Environment according to the schedule set forth in Section 2004 or Section 2006 of this Chapter, as applicable.
Note the The Department of the Environment shall make available to the public, an update at least annually of limited summary data.
The owner of the building must make the Annual Energy Benchmark Summary report available to all tenants occupying the building.
Where a unit or other space in a covered building is occupied by a tenant and such unit or space is separately metered by a utility company, the owner of the building shall acquire energy usage data for all meters in the building solely for the purpose of benchmarking the energy performance of the building as a whole. Nothing in this Chapter shall require or in any way change the ability of a building owner to report or disclose energy usage of individual tenants.
To assist with the reliability and utility of Annual Energy Benchmark Summary and Confirmation of Energy Efficient Audit report data, as well as to verify good faith compliance with this Chapter, the Director shall have the authority to review relevant documents, including an ENERGY STAR® Statement of Energy Performance signed by an energy professional, or Energy Efficiency Audit Report. In the event an energy efficiency audit report or Statement of Energy Performance is found to have failed to meet the criteria in Section 2002(a) through (d), The Director may apply the administrative penalties specified in Section 2009, and the building owner shall correct the errors and resubmit the energy efficiency audit report or Statement of Energy performance within 45 days of being notified by the Director of the insufficiencies of the original submission.
The schedule for compliance is as follows for Annual Energy Benchmark Summary Reports from Portfolio Manager:
For a non-residential building with gross area greater than 50,000 square feet, the owner must complete and submit the initial Annual Energy Benchmark Summary report on or before October 1, 2011, and annually no later than April 1 thereafter. Annual Energy Benchmark Summary report data submitted prior to January 1, 2012 shall not be published, is exempt from Section 2003(c) and (d) of this Chapter, and shall remain confidential to the extent permitted by law, unless designated in writing by the building owner to be public or otherwise demonstrated to be common knowledge.
For a non-residential building with gross area greater than 25,000 square feet but less than or equal to 49,999 square feet, the owner must complete and submit the initial AEBS on or before April 1, 2012, and annually no later than April 1 thereafter. Annual Energy Benchmark Summary report data submitted prior to January 1, 2013 for buildings less than or equal to 50,000 square feet shall not be published, is exempt from Section 2003(c) and (d) of this Chapter, and shall remain confidential to the extent permitted by law, unless designated in writing by the building owner to be public or otherwise demonstrated to be common knowledge.
For a non-residential building with gross area greater than 10,000 square feet but less than 24,999 square feet, the owner must complete and submit the initial AEBS on or before April 1, 2013, and annually no later than April 1 thereafter. Annual Energy Benchmark Summary report data submitted prior to January 1, 2013 for buildings less than or equal to 25,000 square feet shall not be published, is exempt from Section 2003(c) and (d) of this Chapter,and shall remain confidential to the extent permitted by law, unless designated in writing by the building owner to be public or otherwise demonstrated to be common knowledge.
Energy Efficiency Audits and Reporting. No later than 120 days after enactment of this Chapter, the Department of Environment shall establish a schedule for energy efficiency audit reports for nonresidential buildings not covered by Section 2006, such that: (A) To ensure sufficient energy auditing capacity, due dates for initial energy efficiency audits for all covered buildings shall be staggered over a three five year rolling deadline, starting no later than 12 months after the effective date of this ordinance, with subsequent energy efficiency audits and energy efficiency audit reports every five years thereafter, (B) All buildings required to undertake an energy efficiency audit shall be assigned a specific date when a completed energy efficiency audit is due, (C) The Department of Environment shall notify the owner of each covered building of the requirements of this article one year prior to the date an energy efficiency audit is required to be completed.
The owners of covered buildings in existence on the effective date of this Chapter may comply with the first assigned due date for an energy efficiency audit by submitting records of audits, retro-commissioning, and retrofits performed not more than 3 years prior to the effective date of this ordinance, provided that the entire building was evaluated and that the energy efficiency audit reports performed prior to the completion of rule-making are signed and dated by a Professional Engineer, Certified Energy Manager, Certified Energy Auditor, or person with similar professional credentials as determined by the Director. Such submissions shall include certification that all work associated with the audit (including but not limited to surveys, inspections, and analyses) was completed not more than 3 years prior to the effective date of this ordinance, and meets at least one of the following criteria:
(A) For buildings greater than 50,000 square feet in gross area, energy efficiency audits performed prior to the completion of rule-making must meet the Level II audit standard,
(B) For buildings 49,999 square feet in gross area or less, energy efficiency audits performed prior to the completion of rule-making must meet the Level I audit standard,
(C) An energy efficiency audit of the entire building for work implemented under the San Francisco Energy Watch program, or
(D) Other comprehensive energy efficiency audit of the entire building, subject to approval by the Director.
ENFORCEMENT
(a) Written Warning of Violation. The Director shall issue a written warning to any building owner he or she determines is violating any provision of this Chapter. In the event a building owner fails to file an AEBS report for 30 days or more after the relevant deadline, the Director shall indicate that building's compliance status via the publicly accessible electronic reporting interface. If 45 days after issuing a written warning of violation from the Director, the Director finds that building owner continues to violate any provisions of this Chapter, the Director may impose administrative fines as provided in this Section.
(b) Administrative Fines. Violations of the provisions of this Chapter, or of any regulations issued by the Director pursuant to Section 2007, may be punished by administrative fines as follows: (l) For buildings of 50,000 square feet and greater, up to $100.00 per day for a maximum of 25 days in one twelve-month period for each building in violation. (2) For buildings of 49,999 square feet or less, up to $50.00 per day for a maximum of 25 days in one twelve-month period for each building in violation.
To see the details of San Francisco Ordinance 17-11 click here.