Chula Vista, CA joins a growing list of municipalities with building benchmarking and performance targets.

Chula Vista is the second-largest city in the San Diego metropolitan area and known as, “the lemon capital of the world”. It’s marine to mountain biodiversity and urban landscape requires the city to prioritize the unique challenges to the local community, on how it consumes and conserves natural resources. Which is why they are all-in on their 2017 Climate Action Plan. That and, it’s what all cities should be doing. As a building compliance service provider, we want to break down the why, what, who, when, and how of the ordinance, because we like to help!

WHY: Chula Vista Climate Action Plan

The 2017 Chula Vista Climate Action Plan is exemplary, with clear objectives and holistic strategies targeting clean growth, transportation, infrastructure, urban forestry, and energy, water, and waste reduction. Through the Plan, the city has committed to reducing greenhouse gas (GHG) emissions to 15% below 2005 levels by 2020 and 55% below 2005 levels by 2030. 

WHAT: Building Energy Saving Ordinance

One of the Climate Action Plan strategies to energy conservation in existing buildings comes as a familiar code and, for Chula Vista, is known as the Building Energy Saving Ordinance (BESO). Where cities like Los Angeles currently take a two-pronged approach: benchmarking and performance reporting, Chula Vista goes a step further to include minimum improvement requirements and transactional disclosure when applicable. 

We’ll call it the 1-5-10 Rule:

• Every (1) year - ENERGY STAR® benchmark your building
• Every five (5) years - meet conservation (performance targets) or audit (A/RCx) requirements
• Every ten (10) years - demonstrate that your building is meeting the mandatory minimum improvement requirements

WHO: Owners of 20,000+ Sq.Ft. Multifamily & Commercial Buildings

Section 15.26.050 of the Municipal Code now requires multifamily and nonresidential buildings of at least 20,000 square feet to comply with the above Rule. The law and subsequent non-compliance fines apply to the owner, aka title holder of the property. The owner is responsible for maintaining all records related to their reporting. There are, of course, exemptions. Download our info sheet for a full list, but here are exemptions by building type:

•       Residential buildings with less than five (residential) utility accounts
•       Local and federal owned buildings
•       Buildings owned by the Metropolitan Transit Service, Chula Vista and Sweetwater School Districts

WHEN: As Soon as January 2022

There is a gradual implementation of compliance reporting; however, benchmarking submission should be available starting in January. We’ll go back to the 1-5-10 Rule below, giving you a basic guideline:

 (1) Annual Benchmarking First Due Date:

• March 20, 2022 - Buildings 20,000 - 49,999 Sq.Ft.
• May 20, 2022 - Buildings 50,000+ Sq.Ft. 

(5) Year Conservation Requirements First Due Date:

• Beginning 2023 or later - Buildings 50,000+ Sq.Ft. 
• Beginning 2026 or later - Buildings 20,000 - 49,999 Sq.Ft.

(10) Year Minimum Improvement Requirements First Due Date:

• Beginning 2023 or later - Multifamily Prescriptive Upgrades
• Beginning 2028 or later - Buildings 50,000+ Sq.Ft.
• Beginning 2031 or later - Buildings 20,000 - 49,999 Sq.Ft.

HOW: With a Little Help from Some Friends

The City of Chula Vista and ENERGY STAR Portfolio Manager websites can help guide you through the benchmarking process and how to connect your SDG&E data. We always recommend automatic data upload, unless of course, you like manually entering billing data year after year. You can also hire us to do all of it!

There is currently no cost to comply; however, there is a cost to not comply! Failure to comply with this law results in a notification and 60-day window. If a building does not submit their report within that time, they are subject to fines of up to $2,250 on a per-incident basis, based on the building’s gross floor area (GFA).

All good plans come with a solution. There are incentives and programs available through the city to help businesses (and residents) identify areas of improvement and pay for efficiency upgrades. There are many incentives at the utility, state, and federal levels to help implement building resiliency as well.

Green EconoME is a full-service provider. Our team of multidisciplinary, qualified professionals can fulfill your 1-5-10 and are versed in the latest incentive programs and financing options. It is what our integrated approach is based on. Whether your goal is to simply comply or to fulfill ESG strategies, Green EconoME analyzes energy use, and existing conditions to provide solutions that reduce operating costs, and increase the value of your property. Contact us with questions or for pricing. Chula Vista, we are so excited for the health and future of your community, congratulations! We can’t wait to get started.

California’s energy efficiency action plan for existing buildings is ramping up in 2021. We are offering this guide to help identify what your city’s climate policy is and what the requirements are for existing commercial and residential buildings. Included are some tips for making the most of your efficiency compliance.

Why Existing Buildings?

Existing buildings are the second-largest source of GHG emissions in California. Identifying energy and water waste in our buildings provides valuable insight for policymakers. The chosen method of identifying is through local and state-mandated Energy Benchmarking and Performance Reporting. Benchmarking is the comparison of a site’s energy performance to similar type and use buildings over a specified period of time. ENERGY STARⓇ Portfolio Manager is the approved tool used to complete and submit benchmarking reports for compliance. Here are a few overall notes on meeting energy disclosure requirements:

• The owner of the building is the responsible party 
• These benchmarking laws are required annually
• “Covered or disclosable buildings” are the building types that need to comply. Exceptions exist and vary per ordinance so be sure to check with your individual city’s program or contact us for program requirements 
• When you comply with your local benchmarking ordinances, the city shares the data with the state, placing you in AB 802 compliance as well
• Benchmarking provides insight into how efficient or inefficient your building is operating. Efficient buildings provide for lower operating costs and higher market valuations
• Funding: there are available rebates and incentives through your utilities and in some places, local funding for compliance and energy efficiency projects. Most ordinance pages have links to these programs. Also check your electric, gas, and water company webpages for info, or contact us
• The State of California and the City of San Diego only require annual energy disclosure. However, some cities also require buildings to become energy efficient or show their performance by meeting Energy Star Certification requirements

5 Tips for Compliance & Becoming a High-Performing Building

1. Hire Green EconoME to complete your compliance and energy efficiency consulting. We understand that you have benchmarking service provider options; however, from our experience benchmarking over 1,600 buildings properly, not all benchmarking is the same. We place emphasis on accurately measuring your data, rather than meeting the bare minimum for compliance. It is not only the legal thing to do, it is also more economic in the long run. The data in your benchmarking report is valuable to the operation and investment of your property, and the basis of your performance reporting. If corners are cut, you may end up paying more in unnecessary (and costly) audits or having to rehire another firm to correct the work. 
2. Add tenant authorization to your lease to release energy and water use data from the utilities. In some cases where the tenants are the electric/gas/water account holder, they are required to sign an authorization to share their usage data. As you can imagine, this is time consuming and not always successful. In lieu of the authorization, we can submit a copy of the lease if it includes authorization language. 
3. Create an energy efficiency budget. The Better Buildings Financing Navigator is a great resource which outlines common barriers, solutions and considerations to energy financing. These ordinances are all-for-none if building owners and operators do not invest in the goal of achieving more energy and water efficient buildings by 2030. Visit our case studies for examples of the cost to savings you can achieve through efficiency projects.
4. Leverage available rebates and incentives. In addition to outside funding and loans, there are robust programs for energy efficiency and clean power through utilities, local and federal government. Word on the street is that further funding (and further policy) will be proposed soon after the new administration takes office. Green EconoME calculates available rebates & incentives savings into our estimates and/or audit reports.
5. Put your data to work. Use monthly data to track your energy & water use in ENERGY STAR Portfolio Manager. Demonstrating energy and water reductions through the benchmarking tool in some cities is a path to performance compliance. Either way, you now have a powerful tool that tracks your ongoing use, so take advantage of it. Green EconoME offers consultations to assess your building’s performance and identify problem areas or opportunities for savings.

Our hope is that the purpose of the requirements is clear and can inspire long term efficiency in your buildings. Our city and state leadership also recognize this can come as a big ask, and so they are supporting owners and communities through funding programs. Take advantage of them. Most importantly, existing buildings are recognized across the globe as a vital part of the solution. That is a big opportunity when you throw your hat in the ring. Good luck and call us if you need us. We cannot wait to see what California buildings can do.

Statewide Program

California State AB 802

State Policy: Clean Energy and Pollution Reduction Act - SB 350

Benchmarking Report: Due by June 1, annually

Performance Report: N/A

Fees: N/A

Program Summary: Commercial buildings with more than 50,000 sq. ft. and no residential utility accounts, and multifamily residential buildings with more than 50,000 sq. ft. and 17 or more utility accounts must submit whole-building energy benchmarking reports annually.

Enforcement: Per Public Resource Code #25321, the California Energy Commission is able to enforce this law. This code states:¨If after five working days, the owner does not comply, the owner will be subject to a civil penalty (after a hearing that complies with constitutional requirements. Civil Penalty will not be less than $500 nor more than $2,000 for each category of data for each day the violation existed and continues to exist.”

Southern California Programs By City

Los Angeles Existing Buildings Energy and Water Efficiency Program (EBEWE)

Local Policy: Los Angeles’ Green New Deal

Benchmarking Report: Due by June 1, annually

Performance Report: Due by December 1, every five-years based on the last digit of your LADBS Building ID

Fees: LADBS registration fee + surcharge for benchmarking is $66.41 / building / year, and $183 per audit/RCx confirmation submittal.

Program Summary: Buildings 20,000 sq ft or more in gross floor area privately owned or owned by a local agency of the State in the City of Los Angeles must report energy and water use annually, and a performance report every five years, based on qualifying performance metrics or prescribed efficiency measures outlined in the ordinance. Head to our EBEWE page for further program details.

Enforcement: Program non-compliance fee of $202 / building, plus disruption to LADBS permitting requests, or transactions. This fee is subject to double digit interest each month.

City of San Diego Building Energy Benchmarking Ordinance

Local Policy: The City of San Diego Climate Action Plan (CAP)

Benchmarking Report: Due by June 1, annually

Performance Report: N/A

Fees: N/A

Program Summary: Commercial buildings over 50,000 square feet and multifamily and mixed-use buildings greater than 50,000 square feet and with 17 or more residential accounts in the City of San Diego are required to submit whole-building energy data (water not required).

Enforcement: Violations may be prosecuted as misdemeanors subject to the fines and custody provided in San Diego Municipal Code. Additionally, the Department Director may seek injunctive relief and civil penalties in the Superior Court pursuant to San Diego Municipal Code.