3599

Aggregated utility data – total whole-building energy or water data for a specified period as provided by the utility company or a third party for the building for a given utility type.

Blended Custom Source Energy Use Intensity or Blended Custom Source EUI – The DOEE developed customized metric for the College/University Campus property type using the local median Source EUI adjusted for the square footage percentage of high-intensity space present on each building of a campus, accounting for the diverse property type uses that might be present on a university campus (e.g. laboratories, residence halls/dormitories, dining halls, offices, restaurants).

Building – any structure used or intended for supporting or sheltering any use or occupancy.

Building Energy Performance Standards or BEPS – the level of energy efficiency set forth by DOEE as an ENERGY STAR score or Normalized Source EUI value for each property type, as provided in section 301(b) of the Act (D.C. Official Code § 8-1772.21(b)).

Building Energy Performance Standards Period or BEPS Period – the period of time in which specific BEPS are in effect, which shall run from the date DOEE establishes BEPS until the next DOEE establishment of BEPS.

Building Energy Performance Standards Program or BEPS Program – the DOEE program overseeing and implementing BEPS.

Building owner – an individual, partnership, corporation, trust, association, firm, joint stock company, organization, commission, or other entity either possessing title or designated to govern a building.

College/University Campus – a secondary educational institution with multiple buildings in a single location that are owned by a single entity.

Compliance Cycle – a period of five (5) years from the date of the establishment of BEPS during which, in the absence of a delay of compliance granted by DOEE, a building must meet the performance requirements set forth in § 3518 and procedural requirements set forth in § 3519.

Department – the Department of Energy and Environment (DOEE).

Director – the Director of the Department of Energy and Environment (DOEE),

or the Director's representative, agent, designee, or successor.

District Benchmark Results and Compliance Report – The ENERGY STAR Portfolio Manager report that includes benchmark and ENERGY STAR statements of energy performance, identifies reporting methodology, and contains data verification information when required by section 4 of the Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234; D.C. Official Code § 6-1451.03).

Energy audit – An evaluation of a building that identifies potential energy efficiency measures for building systems and operations in accordance with the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 211-2018 Level 2.

ENERGY STAR Data Verification Checklist – a U.S. EPA ENERGY STAR form used to complete the third-party verification of District Benchmark Results and Compliance Reports.

ENERGY STAR® Portfolio Manager benchmarking tool, or Portfolio Manager – the system developed by the U.S. EPA that rates the energy and water performance of a building.

ENERGY STAR score – a 1-to-100 score provided to buildings by the U.S. EPA ENERGY STAR Program to assess how buildings perform in relation to similar buildings nationwide.

High-performing property type – a property type for which the BEPS is at least as energy-efficient as the U.S. EPA's National Median for that property type.

Hospital Campus – a hospital with multiple buildings in a single location that are owned by a single entity.

Limited-equity cooperative (LEC) – a cooperative required by a government agency or nonprofit organization to limit the resale price of membership shares for the purpose of keeping the housing affordable to incoming members with low and moderate incomes.

Major renovation – any repair, alteration, or addition of a building that:

(1) Significantly affects multiple core building systems; and

(2) Costs at least twenty-five (25) percent of the value of the building, as determined based on the District Office of Tax and Revenue records, before the repair, alteration, or addition is started.

National Median – the ENERGY STAR score or Source EUI benchmark, available on the U.S. Environmental Protection Agency (EPA) ENERGY STAR Portfolio Manager® website, that fifty percent (50%) of properties perform above and fifty percent (50%) perform below.

Online BEPS Portal – a web-based application created by DOEE for a building owner to submit required reporting and verification documents pertaining to BEPS, accessible through the DOEE BEPS Program webpage.

Operation and maintenance program – A plan meeting the specifications found in American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 100-2018, Chapter 6, that addresses every applicable building system and element as outlined in Annex D and follows the implementation requirements laid out in Annex L that address the functions, duties and labor associated with the daily operations and normal repairs, replacement of parts and structural components, and other activities needed to preserve an asset so that it continues to provide acceptable services and achieves its expected life.

Portfolio Manager Data Collection Worksheet – the list of data fields required to fulfill District benchmarking requirements, which includes the information needed for a building owner to request information from a non-residential tenant. This worksheet can be found on the U.S. EPA ENERGY STAR website.

Property type – the primary function of a building as determined through EPA’s ENERGY STAR Portfolio Manager.

Property use information – the characteristics, such as the conditioned floor area, weekly operating hours, number of occupied units, and number of computers in use, described by Portfolio Manager for a particular building type.

Qualifying affordable housing – a building that is primarily residential, contains five (5) or more dwelling units, and can demonstrate that:

(1) Use restrictions or other covenants require that at least 50% of the building’s dwelling units are occupied by households with household income of less than 50% of the area median income (AMI);

(2) At least 50% of the dwelling units rent at levels affordable to households with incomes less than or equal to 50% of the AMI.; or

(3) The building is a Limited-equity Cooperative (LEC) that meets the definition of affordable housing pursuant to section 301(k) of the Clean Energy Omnibus Amendment Act of 2018 (D.C. Official Code § 8-1772.21(k)).

Site Energy Use Intensity or Site EUI – the annual amount of energy a building consumes onsite, as reported on a building’s utility bills, divided by the building’s gross floor area (or in the case of water and wastewater treatment plants, by gallons per day), as determined through Portfolio Manager.

Site Energy Use Intensity Adjusted to Current Year or Adjusted Site EUI – the Site EUI a building would be expected to have if its operations were the same as in the current time period, as determined through Portfolio Manager.

Source Energy Use Intensity or Source EUI – the total amount of raw fuel that is required to operate a building, divided by the building’s gross floor area, as determined through EPA’s ENERGY STAR Portfolio Manager.

Tenant – a person or entity entitled to the possession, occupancy, or the benefits of any rental unit owned by another person or entity, or the owner of an individual condominium unit within a condominium association.

Utility company – an entity distributing, supplying, or transmitting electricity, natural gas, or other fuel for heating, cooling, or power generation, or water to a building.

Utility data – energy or water consumption data from one or more meters for a specified period.

Weather Normalized Site Energy Use Intensity or Normalized Site EUI – the Site EUI a building would have consumed during thirty (30) year average weather conditions, as determined through Portfolio Manager.

Weather Normalized Source Energy Use Intensity or Normalized Source EUI – the Source EUI a building would have consumed during thirty (30) year average weather conditions, as determined through EPA’s ENERGY STAR Portfolio Manager.

Whole-building utility data – information about all energy and water consumed on the premises, including in common areas, tenant-controlled areas, and residential living areas, but not including spaces that meet all exclusion

criteria described in the Portfolio Manager Data Collection Worksheet.

SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008); as amended by Final Rulemaking published at 60 DCR 367 (January 18, 2013); as amended by Final Rulemaking published at 68 DCR 4643 (April 30, 2021); as amended by Final Rulemaking 68 DCR 011077 (October 22, 2021); as amended by Final Rulemaking 68 DCR 011790 (November 5, 2021).