The Clean and Affordable Energy Act requires owners of large buildings to annually report energy and water usage data to the District Department of the Environment (DDOE). The DDOE will make this information public so that building owners and potential buyers can see how their buildings perform.
Benchmarking FAST FACTS:
- Requires all buildings over 25,000 square feet
- BEPS applies to all privately owned buildings over 50,000 sq. ft and all District-owned buildings over 10,000 sq. ft
- Third Party Data Verification – Required in 2024 and every three years after
Standard Pathway – A building that has its Standard measured in an ENERGY STAR Score must increase its ENERGY STAR Score to be equal to or higher than the Standard for that property type. A building that has its Standard measured in Normalized Source EUI mustlower its Normalized Source EUI so it is equal to or lower than the Standard for the property type.
Prescriptive Pathway – is separated into four Phases, each with specific actions and reporting/verification requirements.37 The phased approach is designed to keep buildings on track to achieve compliance. Building owners will develop a list of EEMs by the end of Phase 2 that best fit their building and submit them to DOEE for approval.
Deadlines
Pathway Selection Forms
- DUE April 1st, 2023
Audits and Action Reports
- Standard – April 1st, 2027
- Prescriptive – April 1st, 2024
Benchmarking: Failure to comply with the energy benchmarking ordinance by the April 1 deadline will result in a fine. Non-residential tenants are required to provide the necessary energy and water information to the building owner. If the tenant does not provide this information, or if the building owner does not report this information by the April 1 deadline, then either the tenant or the owner can be fined up to $100/day of noncompliance.
Building Performance Standards: Maximum penalty for buildings at ten dollars ($10) per each square foot of gross floor area. The building gross square footage is based on the ENERGY STAR Portfolio Manager® calculation as reported on the building’s most recent District Benchmark Results and Compliance Report. The maximum penalty for a building shall be no greater than seven million five hundred thousand dollars ($7,500,000). For College/University Campuses and Hospital Campuses there is a single maximum penalty amount of $7,500,000.
Compliance Pathways
Your building may qualify for an exemption if you meet any of the following:
- Unoccupied
- National Security
- New Construction
- Demolition
- Under the threshold
What are the fines?
Maximum Penalty:
- $10/sq foot of gross area
College/University Campuses & Hospital:
- Single maximum penalty of $7,500,000