3519 BUILDING ENERGY PERFORMANCE REPORTING AND VERIFICATION

3519.1 This section establishes reporting and verification requirements for building owners to meet the building energy performance requirements. For the BEPS Period beginning in 2021, all buildings that receive a delay under § 3520.7(g) shall have all deadlines set forth in this section extended by one (1) year.

3519.2 The owner of a building that does not meet the BEPS shall select a compliance pathway described under § 3518.1 for DOEE review and approval through the Online BEPS Portal no later than April 1, one (1) year from the start of the Compliance Cycle.

(a) DOEE shall not approve selection of the prescriptive pathway until the building owner submits an energy audit to DOEE as described in § 3519.6(a).

(b) A building that receives a one-year delay of compliance under § 3520.7(g) shall select one of the pathways described in § 3518.1(c) - (e).

3519.3 If a building owner does not select a compliance pathway as specified in § 3519.2 or does not receive DOEE approval for a pathway, DOEE shall assign a pathway for the building.

3519.4 A building owner may change a pathway, including a DOEE-assigned compliance pathway, during a Compliance Cycle for good cause shown by submitting a pathway change application through the Online BEPS Portal and receiving approval from DOEE. A building owner may not change pathways until approval is received from DOEE.

3519.5 For a building following either a performance or standard target pathway, a building owner shall submit a report of completed actions to DOEE through the Online BEPS Portal no later than April 1, five (5) years from the start of the Compliance Cycle.

3519.6 For a building following a prescriptive pathway, a building owner shall submit the following documents to DOEE through the Online BEPS Portal:

(a) No later than April 1, one (1) year from the start of the Compliance Cycle, an energy audit that:

(1) Accurately reflects building energy use at the time the plan is submitted to DOEE; and

1. (2) Is conducted by a professional who possesses one (1) of the following licenses, credentials, or certifications and who is in good standing with the licensing, credentialing, or certifying entity at the time that the energy use audit is conducted:
2. (A) Certified Energy Auditor (CEA);
3. (B) Certified Energy Manager (CEM); or
4. (C) Any other additional license or training program credentials recognized by the Department and posted on the Online BEPS Portal.
5. (b) No later than April 1, two (2) years from the start of the Compliance Cycle, an action plan that includes a final list of energy efficiency measures selected for implementation and an operations and maintenance program;
6. (c) No later than April 1, four (4) years from the start of the Compliance Cycle, an implementation report that includes permit drawings, permits, inspection reports, or other documentation identified in the approved pathway pertaining to the implementation of selected energy efficiency measures;
7. (d) No later than April 1, five (5) years from the start of the Compliance Cycle, an evaluation, monitoring, and verification report that includes a narrative describing the savings achieved and any corrective actions taken and an updated operations and maintenance program that reflects the energy efficiency measures implemented; and
8. (e) Additional documentation as identified by DOEE in its approval of the building pathway.3519.7 For a building pursuing the prescriptive pathway, all retro-commissioning activities that are part of the approved pathway must be conducted by:- (a) A professional that meets the Minimum Qualifications for a Commissioning Authority as defined by Department of Consumer and Regulatory Affairs (DCRA), or
9. (b) A professional possessing other additional license or training program credentials recognized by DOEE and posted to its website.3519.8 For an alternative compliance pathway, a building owner shall implement an alternative compliance pathway agreement proposed by the building owner and agreed to by DOEE, and shall complete and submit all documentation in a manner

and timeframe required by the agreement.

3519.9 A building owner may use a complete and accurate District Benchmark Results and Compliance Report as required under §§ 3513 through 3516 of this chapter to demonstrate that the building has met its pathway target for a Compliance Cycle.3519.10 A building owner shall provide any supporting documentation as requested by DOEE to determine compliance with this section.3519.11 Any report, plan, or documentation submitted as required by §§ 3519.5 through 3519.10 must be complete and accurate.3519.12 DOEE may deny or revoke approval of a pathway and designate a different pathway specified in § 3518.1 if a building owner:- (a) Fails to submit a complete and accurate report, plan, or documentation as required by §§ 3519.5 through 3519.10;

- (b) Fails to implement a requirement of a DOEE-approved compliance pathway; or

- (c) Failed to demonstrate energy savings required by a DOEE-approved pathway for the previous Compliance Cycle.3519.13 If ownership of a building covered by § 3517.3 is transferred during a Compliance Cycle, the seller shall provide the buyer with the following information prior to the transfer or sale:- (a) Any information, plans, or reports submitted to DOEE as required by §§ 3519.2, 3519.5, 3519.6, and 3519.8;

- (b) The most recent complete and accurate District Benchmark Results and Compliance Report as required under §§ 3513 through 3516 of this chapter; and

- (c) Information describing any progress toward meeting the energy performance requirements as applicable under § 3518.3519.14 If ownership of a building covered by § 3517.3 is transferred during a Compliance Cycle, the buyer shall notify DOEE of the transfer or sale within sixty (60) days after the completion of closing.

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