Client Alert: DC BEPS Update
Date: December 29, 2022
By:
Ellen Moroney
Our recommendations include: (1) accounting for these costs when planning the association’s budget and (2) beginning the process as soon as possible.
DC Building Energy and Performance Standards (“BEPS”)
Title III of the CleanEnergy DC Omnibus Amendment Act of 2018 created the Building Energy Performance Standards (BEPS) Program. The BEPS requires large buildings to annually track their energy and water efficiency and report the results to DOEE for public disclosure. BEPS sets a minimum threshold for energy performance for existing buildings.
Buildings must submit a benchmarking report each year by April 1. Benchmarking reports depends on what type of building you are reporting. The Portfolio Manager Data Collection Worksheet lists all the information you must collect for your specific property type(s).
DC uses the US EPA’s EnergyStar Portfolio Manager benchmarking tool. After you finish the Portfolio Manager entries, you’ll be given an EnergyStar score or, if an EnergyStar score is not available, a Weather Normalized Site energy use intensity (EUI). EnergyStar scores range from 1-100 and quantify a building’s energy performance relative to similar buildings nationwide.
For buildings that can receive an ENERGY STAR score, a building will not meet the BEPS standards if, based on its 2019 energy benchmarking data, its score is less than the ENERGY STAR score standard listed for their property type.
Buildings that do not meet the BEPS will must select a compliance pathway no later than April 1, 2023.
Alternative Compliance Pathways can be: (1) deep energy retrofits, (2) new construction or change in property type, (3) adjusted baseline, or (4) custom plan that will address building specific barriers or inequities.
Compliance with a Pathway means you must meet two standards: (1) energy performance requirements and (2) reporting/verification requirements. A building may apply to change the pathway by submitting a Pathway Change Application including an explanation of why the building is seeking the change.
Buildings can check their past performance on: www.energybenchmarkingdc.org
Buildings can check if they meet BEPS on: www.opendata.dc.gov
You can check DC’s Sustainability Plans on: www.sustainable.dc.gov
Hub Resources:
Title III of the CleanEnergy DC Omnibus Amendment Act of 2018 created the Building Energy Performance Standards (BEPS) Program. The BEPS requires large buildings to annually track their energy and water efficiency and report the results to DOEE for public disclosure. BEPS sets a minimum threshold for energy performance for existing buildings.
- Private Buildings larger than 50,000 square feet were required to start benchmarking during CY 2013.
- Private Buildings larger than 25,000 square feet were required to start benchmarking during CY 2021.
- Click here for the Covered Buildings List for 2021 Reporting
- All Private Buildings over 10,000 square feet are required to start benchmarking during CY 2024.
- DOEE allows exemptions under certain circumstances for example unoccupied building, national security, or new construction
Buildings must submit a benchmarking report each year by April 1. Benchmarking reports depends on what type of building you are reporting. The Portfolio Manager Data Collection Worksheet lists all the information you must collect for your specific property type(s).
DC uses the US EPA’s EnergyStar Portfolio Manager benchmarking tool. After you finish the Portfolio Manager entries, you’ll be given an EnergyStar score or, if an EnergyStar score is not available, a Weather Normalized Site energy use intensity (EUI). EnergyStar scores range from 1-100 and quantify a building’s energy performance relative to similar buildings nationwide.
For buildings that can receive an ENERGY STAR score, a building will not meet the BEPS standards if, based on its 2019 energy benchmarking data, its score is less than the ENERGY STAR score standard listed for their property type.
Buildings that do not meet the BEPS will must select a compliance pathway no later than April 1, 2023.
Alternative Compliance Pathways can be: (1) deep energy retrofits, (2) new construction or change in property type, (3) adjusted baseline, or (4) custom plan that will address building specific barriers or inequities.
Compliance with a Pathway means you must meet two standards: (1) energy performance requirements and (2) reporting/verification requirements. A building may apply to change the pathway by submitting a Pathway Change Application including an explanation of why the building is seeking the change.
Buildings can check their past performance on: www.energybenchmarkingdc.org
Buildings can check if they meet BEPS on: www.opendata.dc.gov
You can check DC’s Sustainability Plans on: www.sustainable.dc.gov
- BEPS Rules and Guidebook: Articles Summarizing Standards and Rules
- Common Errors in DC Energy Benchmarking
- Industry Playbooks
- DC Code Updates
- High Road Contracting
- Service Procurement Guide
- BEPS Compliance Wizard
- BEPS Compliance Pathway Timelines
- Energy Audit Scope of Work
- Find-A-Vendor Portal
DOEE Resources:
- Building Performance Helpdesk and Knowledgebase
- Building Owner Portal
- Energy Audit Report Help and Tools
- Laws and Regulations
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.