3517.1 Every six (6) years, DOEE shall, pursuant to Section 301(b) of the Act (D.C. Official Code § 8-1772.21(b)), establish the BEPS. DOEE shall publish notice of the BEPS in the D.C. Register before the relevant Compliance Cycle begins.

3517.2 A building owner shall determine whether the building has met the 2021 BEPS as described in § 3530.

3517.3 A building that does not meet the BEPS shall have a Compliance Cycle of five (5) years from the effective date of the BEPS to meet the performance requirements set forth in § 3518 and the procedural requirements set forth in § 3519.

3517.4 Sections 3517 through 3521 shall apply to buildings in accordance with the following schedule:

(a) Beginning January 1, 2021, all privately-owned buildings with at least fifty thousand square feet (50,000 sq. ft.) of gross floor area and all District-owned or District instrumentality-owned buildings with at least ten thousand square feet (10,000 sq. ft.) of gross floor area;

(b) Beginning January 1, 2027, all privately-owned buildings with at least twenty-five thousand square feet (25,000 sq. ft.) of gross floor area; and

(c) Beginning January 1, 2033, all privately-owned buildings with at least ten thousand square feet (10,000 sq. ft.) of gross floor area.

3517.5 To assess applicability of § 3517.4, a building owner, including for District-owned and District instrumentality-owned buildings, shall determine the building size in accordance with 20 DCMR § 3513 (Energy Performance Benchmarking of Privately-Owned Buildings).

SOURCE: Final Rulemaking published at 68 DCR 011790 (November 5, 2021).