Fiscal Note
No City appropriation required.
Title
Amending various portions of Section 29.40 of the Madison General Ordinances to update language and requirements of the Building Energy Savings Code.
Body
DRAFTER’S ANALYSIS: This ordinance makes several changes to the Building Energy Savings Code. Other than some non-substantive formatting and editing changes that are being made, this ordinance clarifies that the base building system, the subject of a building tune-up, includes the building envelope, but not a building conveying system. This ordinance also corrects an omission that occurred when the Substitute for File No. 75280, the ordinance creating Section 29.40, the Building Energy Savings Code, was prepared. During the committee process, numerous changes were made to the proposed language, include altering the energy benchmarking requirement deadline back from March 31 to June 30 each year. That change was not made to the benchmarking reporting requirements in Section 29.40(3)(b)2, which omission is being corrected here. In addition, the deadline to request an extension of the benchmarking reporting deadline is being extended from 60 to 90 days to better align with various notices that will be issued under the program. Of note, this ordinance will push back the building tune-up requirements by one year, to 2026 for covered buildings over 100,000 square feet and to 2027 for covered buildings between 50,000 and 99,999 square feet. Also, new buildings will be subject to the tune-up requirements one year after receiving a certificate of occupancy, rather than after three years. Finally, the tune-up specialist qualification list is being updated based upon current and updated certification standards.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Paragraph 5 entitled “Reporting” of Subdivision (b) entitled “Requirement for Energy Benchmarking and Reporting” of Subsection (3) entitled “Energy Benchmarking” of Section 29.40 entitled “Building Energy Savings Code” of the Madison General Ordinances is amended as follows:
5. Benchmarking and tune-ups will lead to energy efficiency improvements in commercial buildings community-wide. This will lead to an increase in the quality and sustainability of the buildings in the City, raise property values and occupancy rates, and demonstrate City, City businesses’ and City residents' commitment toward climate action and sustainability.”
2. Subsection (2) entitled “Definitions” of Section 29.40 entitled “Building Energy Savings Code” of the Madison General Ordinances is amended by amending therein the following:
“Base Building Systems mean the systems or subsystems of a building that use energy and/or impact energy consumption including but not limited to: (1) the building envelope; (2) primary HVAC (heating, ventilation, air conditioning) systems; (2) conveying systems; (3) domestic hot water systems; (4) electrical and lighting systems. Base building systems shall not include life safety systems, such as fire detection and suppression, and equipment used for industrial or manufacturing processes.
Benchmarking Report means the ENERGY STAR Statement of Energy Performance or data, generated by ENERGY STAR Portfolio Manager, summarizing the annual energy performance of a building.”
3. Subparagraph b. entitled “Deadline” of Paragraph 3. entitled “Exemptions” of Subdivision (a) entitled “Applicability” of Subsection (3) entitled “Energy Benchmarking” of Section 29.40 entitled “Building Energy Savings Code” of the Madison General Ordinances is amended as follows:
“b. Deadline. Requests for benchmarking compliance exemptions must be submitted to the Administrator no sooner than January 1 following the year to be 5benchmarked, and no later than March 310 of the year following the year to be benchmarked. The Administrator shall notify applicants within 60 days of receiving an exemption request on the determination of whether the exemption is granted. If the exemption is not granted, the Administrator shall within such 60 day period provide a reasonably detailed explanation as to why the request was not granted.”
4. Paragraph 2. entitled “Reporting” of Subdivision (b) entitled “Requirement for Energy Benchmarking and Reporting” of Subsection (3) entitled “Energy Benchmarking” of Section 29.40 entitled “Building Energy Savings Code” of the Madison General Ordinances is amended as follows:
“2. Reporting. The owner shall provide to the Administrator, on a form provided by the Administrator, an energy benchmarking report for the previous calendar year by June 30 March 31 of each year.”
5. Paragraph 3. (intro) entitled “Extension” of Subdivision (b) entitled “Requirement for Energy Benchmarking and Reporting” of Subsection (3) entitled “Energy Benchmarking” of Section 29.40 entitled “Building Energy Savings Code” of the Madison General Ordinances is amended as follows:
“3. A building owner may apply for a 90 60 day compliance extension from the reporting deadline in Paragraph 2 by showing good cause. Receiving an extension does not alter the future schedule for compliance. Conditions to receive a 90 60 day extension under this Subparagraph include, but are not limited to:”
6. Paragraph 2. entitled “Schedule” of Subdivision (a) entitled “Applicability” of Subsection (4) entitled “Building Tune-Ups” of Section 29.40 entitled “Building Energy Savings Code” of the Madison General Ordinances is amended as follows:
“2. Schedule. Covered buildings are subject to the following building tune-up compliance dates:
a. Initial Tune-Up. Owners of covered buildings under Paragraph 1 shall conduct an initial building tune-up on the following schedule:
i. Covered buildings of 100,000 square feet of floor area or larger shall comply by October 31, 20265.
ii. Covered buildings between 50,000 and 99,999 square feet of floor area shall comply by October 31, 20276.
For buildings with both residential and non-residential uses, the compliance deadline will be based on the square footage of floor area for non-residential areas.
b. New Buildings. A nNewly constructed buildings that has had its certificate of occupancy for at least one year shall comply with the later of the applicable schedule for the building under Subparagraph a based upon its building size, or by October 31 following the point at which the building has had its certificate of occupancy for at least three years.
c. Subsequent Tune-Up. Covered buildings must conduct subsequent building tune-ups by October 31 of every fourth year after the first tune-up compliance date established under Subparagraphs a and b.
d. Alternative Schedules for Large Building Portfolios. A building owner may seek an alternative schedule for tune-up compliance by submitting a large portfolio compliance plan to the Administrator, on a form provided by the Administrator, if they own a portfolio of 5 or more covered buildings subject to this Subsection.”
7. Subsubparagraph v. of Subparagraph c. entitled “Alternative Compliance Pathways” of Paragraph 3. entitled “Exemptions” of Subdivision (a) entitled “Applicability” of Subsection (4) entitled “Building Tune-Ups” of Section 29.40 entitled “Building Energy Savings Code” of the Madison General Ordinances is amended as follows:
“v. The building can demonstrate evidence of continuous energy efficiency improvement as shown by a 10% reduction in weather normalized site energy use intensity (EUI) over the a four-year period preceding the tune-up compliance date;”
8. Subparagraph b. entitled “Systems Included in a Tune-Up” of Paragraph 4. entitled “Tune-Up Requirements” of Subdivision (b) entitled “Requirement for Building Tune-Ups and Reporting” of Subsection (4) entitled “Building Tune-Ups” of Section 29.40 entitled “Building Energy Savings Code” of the Madison General Ordinances is amended as follows:
“b. Systems Included in a Tune-Up. Building tune-ups will include the following base building systems or subsystems that use energy or impact energy consumption:
i. The building envelope;
ii. HVAC systems (heating, ventilation, and air conditioning);
iii. Conveying systems;
iii.iv. Domestic hot water systems; and
iv. Electrical and lighting systems.”
9. Subparagraph b. entitled “Qualifications” of Paragraph 5. entitled “Tune-Up Specialists” of Subdivision (b) entitled “Requirement for Building Tune-Ups and Reporting” of Subsection (4) entitled “Building Tune-Ups” of Section 29.40 entitled “Building Energy Savings Code” of the Madison General Ordinances is amended as follows:
“b. Qualifications. In order to be qualified as a tune-up specialist, the person must have, at a minimum, three or more years of commissioning, tune-up, energy auditing, or building energy system management experience and possesses one or more of the following certifications:
i. A Professional Engineer (PE) in Mechanical or Architectural Engineering licensed in the State of Wisconsin;
ii. Building Operator Certification (BOC) Level II;
iii. Certified Energy Manager (CEM), Certified Building Commissioning Professional (CBCP), or Existing Building Commissioning Professional (EBCP) issued by the Association of Energy Engineers (AEE);
iv. Building Commissioning Professional (BCxP) or Building Energy Assessment Professional (BEAP) issued by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE);
v. Accredited Commissioning Process Authority Professional (CxAPACPAP) approved by the University of Wisconsin;
vi. Certified Commissioning Professional administered by the Building Commissioning Certification Board;
vii. Commissioning Authority (CxA) administered by the AABC Commissioning Group (ACG);
viii. Energy Management Professional (EMP) certification issued by the Energy Management Association (EMA);
ix. Certified Healthcare Facility Manager (CHFM) issued by the American Hospital Association; or
x. Existing Building Commissioning Process Provider (EBCxP) approved by the University of Wisconsin;
xi. Qualified Commissioning Process Provider (QCxP) approved by the University of Wisconsin;
xii. Accredited Commissioning Process Manager (CxM) approved by the University of Wisconsin;
xiii. Accredited Commissioning Process Technical Service Provider (CxTS) approved by the University of Wisconsin;
xiv. Accredited Green Commissioning Process Provider (GCxP) approved by the University of Wisconsin; or,
xv. Additional qualified certifications as the Administrator deems appropriate.”