TABLE OF CONTENTS
COMPLIANCE GUIDE

WHAT IS THE CALIFORNIA ASSEMBLY BILL 802?

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.

AB 802 PROGRAM HIGHLIGHTS

Policy

CLEAN ENERGY AND POLLUTION REDUCTION ACT SB 350

Bill Text

CA ASSEMBLY BILL 802

Enforcing Agency

CALIFORNIA ENERGY COMMISSION (CEC)

Size of Property

50,000 SQ. FT. AND ABOVE

Property Type

COMMERCIAL, INDUSTRIAL, MULTIFAMILY BUILDINGS

Required Information

12 MONTHS ENERGY AND BUILDING USE DATA

Phase II Building Performance
Standards

N/A

Due Date

JUNE 1, ANNUALLY

Fees

N/A

DOWNLOAD AB 802 BROCHURE

EXEMPTIONS FROM BENCHMARKING

  1. No/temporary certificate of occupancy for more than half of the reporting calendar year.
  2. The building is scheduled to be demolished one year or less from the reporting date.
  3. Condominium complexes.
  4. When more than half of the gross floor area of a building is used for scientific experiments requiring controlled environments, or for manufacturing with production lines or industrial purposes.
  5. The building is in compliance with its local disclosure law listed on the CEC’s website (e.g. City of LA’s EBEWE), granted that the square footage requirements are met by each program.

PROGRAM ENFORCEMENT

Public Resource Code #25321 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.”

WHAT IS BENCHMARKING

ENERGY STAR benchmarking measures a building's efficiency performance by calculating its energy/water, and property use data, then compares those metrics to similar buildings in the EPA's software. The building may receive an ENERGY STAR score from 1-100, with 100 being the most energy efficient. Eligible building types with a score over 75 may be eligible for ENERGY STAR Certification.

AS BENCHMARKING CONSULTANTS AND ESG REPORTING EXPERTS, WE WILL WORK WITH YOU TO DEVELOP A BUILDING PERFORMANCE BASELINE FOR COMPLIANCE

Green Econome takes an accurate, efficient, and comprehensive approach to ENERGY STAR® benchmarking that ensures you receive meaningful data about the performance of your building for disclosure compliance, ESG reporting, green loans, auditing, or whatever your project needs may be. Our property use details and utility data collection, review, and verification process leads to complete benchmarking.

RELEVANT SERVICES

TABLE OF CONTENTS
COMPLIANCE GUIDE

WHAT IS THE LOS ANGELES EXISTING BUILDINGS ENERGY AND WATER EFFICIENCY PROGRAM?

The City of Los Angeles Existing Buildings Energy and Water Efficiency Program (EBEWE), is a two-part local ordinance. Phase I benchmarking requires commercial buildings with more than 20,000 sq. ft. and no residential utility accounts, and multifamily residential buildings with more than 20,000 sq. ft. and 17 or more utility accounts to submit whole-building energy and water benchmarking reports annually. Phase II Audit/Retro-commissioning (A/RCx) requirements are due every five years and compliance is based on the benchmarking results and performance of the building.

DOWNLOAD THE LA EBEWE BROCHURE

LA EBEWE PROGRAM HIGHLIGHTS

Policy

LOS ANGELES' GREEN NEW DEAL

Bill Text

DIVISION 97 TO THE LOS ANGELES MUNICIPAL CODE (LAMC)

Enforcing Agency

LOS ANGELES DEPT. OF BUILDING AND SAFETY (LADBS)

Size of Property

20,000 SQ. FT. AND ABOVE

Property Type

COMMERCIAL, INDUSTRIAL, MULTIFAMILY BUILDINGS

Required Information

12 MONTHS ENERGY, WATER AND BUILDING USE DATA

Phase II Building Performance
Standards

AUDITS & RETRO-COMMISSIONING (A/RCx) REQUIREMENT

Due Date

BENCHMARKING: JUNE 1, ANNUALLY
A/RCx REQUIREMENT: EVERY 5 YEARS

Fees

$66.41 ANNUAL BENCHMARKING REGISTRATION FEE
$199.22 5-YEAR A/RCx REGISTRATION FEE

EXEMPTIONS FROM BENCHMARKING

  1. The building is scheduled to be demolished within the calendar year.
  2. The building is and/or was unoccupied for the entire compliance year.
  3. The building did not receive energy or water service during the entire compliance year.
  4. The building use types are excluded in 91.9703. SCOPE.

Compliance List: LA City Public Disclosure Dashboard

PROGRAM ENFORCEMENT

$202 non-compliance fee. Payment of this fine does not constitute compliance.

PHASE II BUILDING PERFORMANCE STANDARDS 

Every 5 years, covered buildings must undergo an ASHRAE Level II Energy & Water Audit and Retro-Commissioning (A/RCx), unless they meet certain energy and/or water exemptions.

OPTION 1

PERFORMANCE PATHWAY

Meet Energy and/or Water Exemptions based on program-defined efficiency standards.

OPTION 2

PRESCRIPTIVE PATHWAY

Perform an ASHRAE Level II Energy and/or Water Audit and Retro-Commissioning (A/RCx) Report.

LA EBEWE PHASE II A/RCx COMPLIANCE SCHEDULE

LAST DIGIT OF DBS BUILDING ID INITIAL COMPLIANCE DUE DATE ENERGY CONSUMPTION COMPARATIVE PERIOD NEXT COMPLIANCE
DUE DATE
0 or 1 Dec 1, 2021
Sept 7, 2023*
Dec 1, 2016 - Dec 1, 2021
Sept 1, 2018 - Sept 1, 2023
Dec 1, 2026
2 or 3 Dec 1, 2022
Sept 7, 2023*
Dec 1, 2017 - Dec 1, 2022
Sept 1, 2018 - Sept 1, 2023
Dec 1, 2027
4 or 5 Dec 1, 2023* Dec 1, 2018 - Dec 1, 2023 Dec 1, 2028
6 or 7 Dec 1, 2024 Dec 1, 2019 - Dec 1, 2024 Dec 1, 2029
8 or 9 Dec 1, 2025 Dec 1, 2020 - Dec 1, 2025 Dec 1, 2030

* Bold text (0-3) reflects the reissued due date from tolled deadlines.
* Green Econome can provide historic benchmarking and Phase II reporting, to bring any past-due EBEWE compliance up to date.

OPTION 1: PERFORMANCE PATHWAY DETAIL

Buildings that meet an Energy Exemption are not required to have an Energy Audit & RCx. Likewise, buildings that meet a Water Exemption are not required to have a Water Audit & RCx. All Energy and Water Exemptions, except Water Exemption #4, must be certified by a California-licensed architect or engineer.

ENERGY EXEMPTIONS

Buildings must meet one of the following requirements to be exempt:

  1. ENERGY STAR Certification for the building’s compliance year (CY). Requires ENERGY STAR score greater than 75.
  2. ENERGY STAR Certification for two of the three years preceding the building’s compliance year. Requires ENERGY STAR score greater than 75.
  3. For property types not eligible to receive an ENERGY STAR score, the building must perform 25% better than the national median of similar building types.
  4. The building has reduced its Source Energy Use Intensity (EUI) by 15% when compared to the five years before a building’s compliance due date.
  5. A building that does not have a central cooling system or has a cooling system having an aggregate input capacity of less than 100 refrigeration tons (1,200,000 Btu/h) and has completed four of six prescribed measures within the five-year Phase II compliance cycle, in accordance with Title 24, and permitted when required.
  6. The building is new and has been occupied for less than five years based on the Temporary or Final Certificate of Occupancy.
  7. The tenant pays the energy and water bills as specified in Section 91.9704.
WATER EXEMPTIONS

Buildings must meet one of the following requirements to be exempt:

  1. The building has reduced its Water Use Intensity by at least 20% when compared to the five years prior to the building’s compliance due date.
  2. A building with no central cooling system or a cooling system that does not operate by the consumption of water as part of the cooling process and has installed two of the three prescribed measures within the five-year Phase II compliance cycle, in accordance with Title 24, and permitted when required.
  3. The building’s water use conforms to the LA Municipal and Title 24 Code in effect at any time during the five-year compliance cycle.
  4. The building is new and has been occupied for less than five years based on the Temporary or Final Certificate of Occupancy.
  5. The tenant pays the energy and water bills as specified in Section 91.9704.

OPTION 2: PRESCRIPTIVE PATHWAY DETAIL

ASHRAE LEVEL II AUDIT (A)

The American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) Level II Audit includes an in-depth identification and documentation of a building’s energy and water-use equipment, by examining existing conditions to pinpoint potential areas of improvement for energy and water efficiency. A building must meet or exceed ASHRAE Level II standards to comply.

RETRO-COMMISSIONING REPORT (RCx)

The report creates a schedule of maintenance and repairs (i.e. “tune-ups”) for existing building systems (energy and water). The owner does not have to utilize these options to comply with the ordinance. The owner must only be informed that such options and incentives exist.

GREEN ECONOME PHASE II (A/RCx) PROCESS

    1. Evaluate the Phase I benchmarking report(s) for the building's least-cost path to Phase II compliance (or complete benchmarking, if annual disclosure hasn't been met).
    2. Provide Phase II proposals for applicable services.
    3. Upon signed agreement, fulfill Phase II services, submit compliance requirements to the City, and provide reports to the building owner/representative.

Meeting exemptions can save up to 65% off the cost of a full ASHRAE Level II Audit/RCx Report. If you need benchmarking performed or an evaluation of your existing benchmarking report, please contact us right away. Our company has been working with Los Angeles EBEWE compliance since the beginning.

AS BENCHMARKING CONSULTANTS AND ESG REPORTING EXPERTS, WE WILL WORK WITH YOU TO DEVELOP A BUILDING PERFORMANCE BASELINE FOR COMPLIANCE

Green Econome takes an accurate, efficient, and comprehensive approach to ENERGY STAR® benchmarking that ensures you receive meaningful data about the performance of your building for disclosure compliance, ESG reporting, green loans, auditing, or whatever your project needs may be. Our property use details and utility data collection, review, and verification process leads to complete benchmarking.

RELEVANT SERVICES

In this episode of The Commercial Real Estate Report podcast, Chris Berg of Abernathey Holdings and Green Econome Founder and CEO, Marika Erdely take a deep dive into:

  • Solar and clean energy requirements in CA
  • The positive impacts of ESG
  • Challenges facing CRE and building performance
  • Financial incentives and the tax benefits of the Inflation Reduction Act

The Commercial Real Estate Report is dedicated to bringing you in-depth analyses, market trends, and expert opinions from the world of commercial real estate. Whether you're an investor, a developer, or simply someone interested in the dynamics of commercial properties, they've got you covered. Find them on YouTube @TheCommercialRealEstate. Listen, share, subscribe.

CREW Orange County and Green Econome present Connections 2024 Outlook Lunch and Learn

Please join us on Wednesday, January 10, 2024, for lunch, learning, and networking at Tangram Interiors' beautiful space in Newport Beach. Green Econome CEO, Marika Erdely will be discussing:

  • What you need to know about energy and water disclosure laws for existing buildings.
  • Critical insight into ESG and its impact on commercial real estate.
  • Available utility incentives and tax benefits of the Inflation Reduction Act for new development, renovations, and efficiency upgrades.

Space is limited. Registration is required and closes on January 9, 2024 at noon. We hope to see you there!

CREW Connections 2024 Outlook Lunch and Learn

Wednesday, January 10th
12:00 pm - 1:00 pm

Tangram Interiors
1375 Dove Street, Suite 300
Newport Beach, CA 92660

WHAT IS THE LOS ANGELES EXISTING BUILDINGS ENERGY AND WATER EFFICIENCY PROGRAM?

The City of Los Angeles Existing Buildings Energy and Water Efficiency Program (EBEWE), is a two-part local ordinance. Phase I benchmarking requires commercial buildings with more than 20,000 sq. ft. and no residential utility accounts, and multifamily residential buildings with more than 20,000 sq. ft. and 17 or more utility accounts to submit whole-building energy and water benchmarking reports annually. Phase II Audit/Retro-commissioning (A/RCx) requirements are due every five years and compliance is based on the benchmarking results and performance of the building.

LA EBEWE PROGRAM HIGHLIGHTS

Policy: Los Angeles’ Green New Deal

Bill Text: Division 97 to the Los Angeles Municipal Code (LAMC)

Enforcing Agency: Los Angeles Dept. of Building and Safety (LADBS)

Benchmarking Report Due Date: June 1, annually

Phase II A/RCx Due Date: December 1, every five years, based on the below schedule

Size of Property: 20,000 Sq.Ft. and above

Property Type: Commercial, industrial, multifamily

Required Information: 12 months of energy, water, and building use data

Performance Reporting: Yes

Fees: $66.41 Phase I annual benchmarking registration fee, $199.22 Phase II 5-year A/RCx registration fee (includes processing fee)

Enforcement: $202 non-compliance fee. Payment of this fine does not constitute compliance.

Exemptions:

  • The building is scheduled to be demolished within the calendar year.
  • The building is and/or was unoccupied for the entire compliance year.
  • The building did not receive energy or water service during the entire compliance year.
  • The building use types are excluded in 91.9703. SCOPE.

Compliance List: LA City Public Disclosure Dashboard

DOWNLOAD THE LA EBEWE BROCHURE

PHASE II BUILDING PERFORMANCE STANDARDS REQUIREMENTS

Every 5 years, covered buildings must undergo an ASHRAE Level II Energy & Water Audit and Retro-Commissioning (A/RCx), unless they meet certain energy and/or water exemptions.

LA EBEWE PHASE II A/RCx COMPLIANCE SCHEDULE
LAST DIGIT OF DBS BUILDING ID INITIAL COMPLIANCE DUE DATE ENERGY CONSUMPTION COMPARATIVE PERIOD NEXT COMPLIANCE
DUE DATE
0 or 1 Sept 7, 2023* Jan 2016 – Dec 2020 Dec 1, 2026
2 or 3 Sept 7, 2023* Jan 2017 – Dec 2021 Dec 1, 2027
4 or 5 Dec 1, 2023 Jan 2018 – Dec 2022 Dec 1, 2028
6 or 7 Dec 1, 2024 Jan 2019 – Dec 2023 Dec 1, 2029
8 or 9 Dec 1, 2025 Jan 2020 – Dec 2024 Dec 1, 2030

*Reissued deadlines due to the tolling of deadlines associated with the COVID-19 Emergency Order issued in 2020, and lifted in 2023.

PHASE II BUILDING PERFORMANCE STANDARDS REQUIREMENTS
Option 1:
PERFORMANCE EXEMPTIONSMeet Energy and/or Water Exemptions based on program-defined efficiency standards.
–OR– Option 2:
AUDIT REPORTINGPerform an ASHRAE Level II Energy and/or Water Audit and Retro-commissioning (A/RCx) Report.

OPTION 1: PERFORMANCE EXEMPTION DETAIL

Buildings that meet an Energy Exemption are not required to have an Energy Audit & RCx. Likewise, buildings that meet a Water Exemption are not required to have a Water Audit & RCx. All Energy and Water Exemptions, except Water Exemption #4, must be certified by a California-licensed architect or engineer.

ENERGY EXEMPTIONS

Buildings must meet one of the following requirements to be exempt:

  1. ENERGY STAR Certification for the building’s compliance year (CY). Requires ENERGY STAR score greater than 75.
  2. ENERGY STAR Certification for two of the three years preceding the building’s compliance year. Requires ENERGY STAR score greater than 75.
  3. For property types not eligible to receive an ENERGY STAR score, the building must perform 25% better than the national median of similar building types.
  4. The building has reduced its Source Energy Use Intensity (EUI) by 15% when compared to the five years before a building’s compliance due date.
  5. A building that does not have a central cooling system or has a cooling system having an aggregate input capacity of less than 100 refrigeration tons (1,200,000 Btu/h) and has completed four of six prescribed measures within the five-year Phase II compliance cycle, in accordance with Title 24, and permitted when required.
  6. The building is new and has been occupied for less than five years based on the Temporary or Final Certificate of Occupancy.
  7. The tenant pays the energy and water bills as specified in Section 91.9704.
WATER EXEMPTIONS

Buildings must meet one of the following requirements to be exempt:

  1. The building has reduced its Water Use Intensity by at least 20% when compared to the five years prior to the building’s compliance due date.
  2. A building with no central cooling system or a cooling system that does not operate by the consumption of water as part of the cooling process and has installed two of the three prescribed measures within the five-year Phase II compliance cycle, in accordance with Title 24, and permitted when required.
  3. The building’s water use conforms to the LA Municipal and Title 24 Code in effect at any time during the five-year compliance cycle.
  4. The building is new and has been occupied for less than five years based on the Temporary or Final Certificate of Occupancy.
  5. The tenant pays the energy and water bills as specified in Section 91.9704.

OPTION 2: AUDIT REPORTING DETAIL

ASHRAE LEVEL II AUDIT (A)

The American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) Level II Audit includes an in-depth identification and documentation of a building’s energy and water-use equipment, by examining existing conditions to pinpoint potential areas of improvement for energy and water efficiency. A building must meet or exceed ASHRAE Level II standards to comply.

RETRO-COMMISSIONING REPORT (RCx)

The report creates a schedule of maintenance and repairs (i.e. “tune-ups”) for existing building systems (energy and water). The owner does not have to utilize these options to comply with the ordinance. The owner must only be informed that such options and incentives exist.

GREEN ECONOME PHASE II (A/RCx) PROCESS

    1. Evaluate the Phase I benchmarking report(s) for the building's best path to Phase II compliance (or complete benchmarking, if annual EBEWE disclosure hasn't been met).
    2. Provide Phase II proposals for those exemption and/or audit services.
    3. Upon signed agreement, fulfill Phase II services, submit proof of compliance to LADBS, and provide reports to the building owner/representative.

Meeting exemptions can save up to 65% off the cost of a full ASHRAE Level II Audit/RCx Report. If you need benchmarking performed or an evaluation of your existing benchmarking report, please contact us right away. Our company has been working with Los Angeles EBEWE compliance since the beginning.

COMPLIANCE GUIDE

WHAT IS THE CHULA VISTA BUILDING ENERGY SAVING ORDINANCE (BESO)?

The Chula Vista Building Energy Saving Ordinance (BESO), is a citywide energy benchmarking & building performance program requiring owners of existing commercial and multifamily buildings to report energy use annually, using ENERGY STAR® Portfolio Manager®, meet building performance standards every 5 years, and demonstrate improvements every 10 years.

DOWNLOAD CHULA VISTA BESO BROCHURE

BESO PROGRAM HIGHLIGHTS

Policy

CITY OF CHULA VISTA CLIMATE ACTION PLAN

Bill Text

CHULA VISTA BUILDING ENERGY SAVING ORDINANCE

Enforcing Agency

CITY OF CHULA VISTA

Size of Property

20,000 SQ. FT. AND ABOVE

Property Type

COMMERCIAL, INDUSTRIAL, MULTIFAMILY BUILDINGS

Required Information

12 MONTHS ENERGY AND BUILDING USE DATA

Phase II Building Performance
Standards Compliance

YES

Fees

N/A

BESO ORDINANCE DEADLINES

PHASE I – BENCHMARKING DISCLOSURE

May 20 - Annually

PHASE II – BUILDING PERFORMANCE STANDARDS
CONSERVATION REQUIREMENT COMPLIANCE DUE DATE 50,000+ SQ.FT. COMPLIANCE DUE DATE 20,000-49,999 SQ.FT.
Commercial Buildings Performance Targets / A/RCx Every five (5) years beginning
2023 or later. Schedule TBD.
Every five (5) years beginning
2026 or later. Schedule TBD.
Commercial Buildings Min. Improvement Requirements Every ten (10) years beginning
2028 or later. Schedule TBD.
Every ten (10) years beginning
2031 or later. Schedule TBD.
Multifamily Prescriptive
Upgrades
2023 or later, schedule TBD. 2023 or later, schedule TBD.

EXEMPTIONS FROM BENCHMARKING

  1. No/temporary certificate of occupancy for more than half of the reporting calendar year.
  2. The building is scheduled to be demolished one year or less from the reporting date.
  3. The building is under financial distress.
  4. The building does not receive energy or water service.
  5. Disclosure of energy usage data would result in the release of proprietary information covered by applicable privacy law(s).

PROGRAM ENFORCEMENT

Failure to comply with this law results in a notification and a 60-day window. If a building owner/agent does not submit the report within that time, they are subject to fines of up to $2,250 on a per-incident basis, with the amount based on the building’s gross floor area (GFA).

PHASE II BUILDING PERFORMANCE STANDARDS REQUIREMENTS

Phase II consists of conservation requirements every five (5) years, and demonstrating minimum improvements every ten (10) years. The requirements are categorized between multifamily and commercial building types.

COMMERCIAL

CONSERVATION REQUIREMENTS

Buildings must meet either the Performance Targets or the Audit Requirement every 5 years, and the Minimum Improvement requirement every 10 years.

MULTIFAMILY

PRESCRIPTIVE MEASURES

Buildings built prior to 2006 must perform prescribed measures. Properties with Significant Common Load are subject to Commercial Conservation Requirements.

Meeting exemptions can save up to 65% off the cost of a full ASHRAE Level II Audit/RCx Report. If you need benchmarking performed or an evaluation of your existing benchmarking report, please contact us right away.

COMMERCIAL PROPERTIES: CONSERVATION REQUIREMENT DETAIL

High Performing Buildings are exempt from all requirements. All other covered commercial buildings must demonstrate energy reductions that meet or exceed Performance Targets, and submit an ASHRAE Level I or higher energy audit and retro-commissioning report (A/RCx).

EXEMPTIONS

Buildings must meet one of the following requirements to be exempt from both the 5-year Performance Targets and the 10-year Minimum Improvement Requirement:

  1. HIGH PERFORMANCE BUILDING:
    • Submit a benchmarking report for the most recent compliance deadline AND meet any of the following:
    • ENERGY STAR score of 80 or greater
    • Achieved ENERGY STAR certification
    • Achieved LEED Existing Building Certification for three (3) of five (5) preceding years
  2. The Property has been occupied for less than five (5) years
  3. The Property is in Financial Distress
  4. A demolition permit for the entire Property has been issued and demolition work has commenced
  5. The Property is not subject to the Benchmarking Requirement
CONSERVATION REQUIREMENT DETAIL

Non-residential buildings, and multifamily buildings with Significant Common Load which do not meet any of the above exemptions must:

EVERY FIVE (5) YEARS

  • Meet or exceed the Improvement Target % (see chart below) by reducing energy use compared to the baseline ENERGY STAR score or EUI equivalent, within the 5-year compliance window. OR;
  • If the building does not meet or exceed the Improvement Target %, An ASHRAE Level I or higher energy Audit and Retro-commissioning (A/RCx) report must be conducted and submitted to the City.

EVERY TEN (10) YEARS

  • Meet or exceed the Mandatory Minimum Improvement (see chart below) by reducing energy use compared to the previous (5-year) baseline ENERGY STAR score or EUI equivalent.

BASELINE ENERGY STAR SCORE / EQUIVALENT SITE EUI-WN 5-YEAR IMPROVEMENT TARGET 10-YEAR MANDATORY IMPROVEMENT
1-45 / 80+ 30% 15%
46-65 / 51-79 20% 10%
66-79 / 19-50 10% Exempt
80+ / 0-18 Exempt Exempt

MULTIFAMILY PROPERTIES: CONSERVATION REQUIREMENT DETAIL

High Performing Buildings are exempt from all requirements. All other covered multifamily buildings must meet the prescriptive measures requirement by their first 5-year deadline. Additionally, buildings with Significant Common Load (10,000+ Sq. Ft. master metered, or shared common meter/load) are subject to the Conservation Requirements outlined above for commercial properties.

EXEMPTIONS

Buildings must meet one of the following requirements to be exempt from Conservation Requirements:

  1. HIGH PERFORMANCE BUILDING:
    • Submit a benchmarking report for the most recent compliance deadline AND meet any of the following:
    • ENERGY STAR score of 80 or greater
    • Achieved ENERGY STAR certification
    • Achieved LEED Existing Building Certification for three (3) of five (5) preceding years
  2. The Property has been occupied for less than five (5) years
  3. The Property is in Financial Distress
  4. A demolition permit for the entire Property has been issued and demolition work has commenced
  5. The Property is not subject to the Benchmarking Requirement
PRESCRIPTIVE MEASURES DETAIL

Multifamily Residential Properties constructed prior to 2006 must perform the minimum number of energy efficiency upgrades, or 'measures' required in the table below, within all tenant spaces where utility costs are borne by tenants. Owners may choose from a prescribed list of applicable measures. Efficiency measures already in place, or not included on the list count toward satisfying the minimum number of measures.

YEAR BUILT        CLIMATE ZONE 7*  CLIMATE ZONE 10* 
Pre-1978 Choose four (4) Measures Chose five (5) Measures
1978 - 1991 Choose three (3) Measures Chose five (5) Measures
1992 - 2005 Choose two (2) Measures Chose five (5) Measures

* Chula Vista Climate Zone Map

PRESCRIPTIVE MEASURE LIST SAMPLE
  • Attic Insulation
  • Air Sealing
  • Cool Roof
  • Duct Sealing
  • LED Lighting
  • Water Heating Package
  • Heat Pump Water Heater Replacement
  • HVAC Replacement
  • Windows

GREEN ECONOME PHASE II (A/RCx) PROCESS

    1. Evaluate the Phase I benchmarking report(s) for the building's least-cost path to Phase II compliance (or complete benchmarking, if annual disclosure hasn't been met).
    2. Provide Phase II proposals for applicable services.
    3. Upon signed agreement, fulfill Phase II services, submit compliance requirements to the City, and provide reports to the building owner/representative.

AS BENCHMARKING CONSULTANTS AND ESG REPORTING EXPERTS, WE WILL WORK WITH YOU TO DEVELOP A BUILDING PERFORMANCE BASELINE FOR COMPLIANCE

Green Econome takes an accurate, efficient, and comprehensive approach to ENERGY STAR® benchmarking that ensures you receive meaningful data about the performance of your building for disclosure compliance, ESG reporting, green loans, auditing, or whatever your project needs may be. Our property use details and utility data collection, review, and verification process leads to complete benchmarking.

COMPLIANCE GUIDE

WHAT IS THE SAN DIEGO BUILDING ENERGY BENCHMARKING ORDINANCE (BEBO)?

The City of San Diego Building Energy Benchmarking Ordinance (BEBO), is a citywide energy benchmarking & disclosure program requiring owners of existing commercial and multifamily buildings to report energy use annually, using ENERGY STAR® Portfolio Manager®. This program provides building owners insight into their building’s energy efficiency and helps meet the City of San Diego’s Climate Action Plan goals.

DOWNLOAD SAN DIEGO BEBO BROCHURE

BEBO PROGRAM HIGHLIGHTS

Policy

CITY OF SAN DIEGO CLIMATE ACTION PLAN

Bill Text

SAN DIEGO BUILDING ENERGY BENCHMARKING ORDINANCE

Enforcing Agency

CITY OF SAN DIEGO

Due Date

JUNE 1, ANNUALLY

Size of Property

50,000 SQ. FT. AND ABOVE

Property Type

COMMERCIAL, INDUSTRIAL, MULTIFAMILY BUILDINGS

Required Information

12 MONTHS ENERGY AND BUILDING USE DATA

Phase II Building Performance
Standards Compliance

NO

Fees

N/A

PROGRAM ENFORCEMENT

San Diego has not initiated any fines or penalties at this time. As of January 2022, the city is working on initiating non-compliance penalties starting next reporting year, which will most likely apply to previous non-compliance years.

EXEMPTIONS FROM BENCHMARKING

  1. No/temporary certificate of occupancy for more than half of the reporting calendar year.
  2. The building is scheduled to be demolished one year or less from the reporting date.
  3. Condominium complexes.
  4. When more than half of the gross floor area of a building is used for scientific experiments requiring controlled environments, or for manufacturing with production lines or industrial purposes.

WHAT IS BENCHMARKING?

ENERGY STAR benchmarking measures a building's efficiency performance by calculating its energy/water, and property use data, then compares those metrics to similar buildings in the EPA's software. The building may receive an ENERGY STAR score from 1-100, with 100 being the most energy efficient. Eligible building types with a score over 75 may be eligible for ENERGY STAR Certification.

WHY EXISTING BUILDINGS?

Existing buildings are the second-largest source of GHG emissions in California. Identifying energy and water inefficiencies in our buildings provides valuable insights. The chosen method of identifying and analyzing this data is through local and state-mandated Energy Benchmarking and Performance Reporting. Below are key points for meeting energy disclosure requirements:

  • The owner of the building is the responsible party.
  • Benchmarking disclosure is required annually.
  • “Covered or disclosable buildings” are the building types that need to comply.
  • When you comply with your local benchmarking ordinance, 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.
  • The State of California only requires annual energy disclosure; however, some cities also require buildings to become energy efficient or meet building performance standards.

5 TIPS FOR BENCHMARKING COMPLIANCE

  1. Hire Green Econome to complete your energy and water compliance and energy efficiency consulting. We have benchmarked over 2,000 commercial, industrial, and multifamily buildings. 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, but 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 and/or ESG reporting.
  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 a utility authorization to share their usage data. As you can imagine, collecting 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 outlines common barriers, solutions, and options for energy financing. Energy ordinances are all-for-none if building owners and operators do not invest in reduction goals. Visit our case studies for examples of the cost 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. 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 or a requirement for ESG strategies that the building owner or tenant company has in place. Either way, you now have a powerful tool that tracks your ongoing use, so take advantage of it. Green Econome includes benchmarking consultations to assess your building’s performance and identify problem areas or opportunities for savings.

AS BENCHMARKING CONSULTANTS AND ESG REPORTING EXPERTS, WE WILL WORK WITH YOU TO DEVELOP A BUILDING PERFORMANCE BASELINE FOR COMPLIANCE

Green Econome takes an accurate, efficient, and comprehensive approach to ENERGY STAR® benchmarking that ensures you receive meaningful data about the performance of your building for disclosure compliance, ESG reporting, green loans, auditing, or whatever your project needs may be. Our property use details and utility data collection, review, and verification process leads to complete benchmarking.

During National Clean Energy Action Month, take steps toward climate action for your commercial real estate.

Since our inception, the U.S. EPA’s ENERGY STAR® programs have been at the core of Green Econome’s services to help our customers save energy, save money, and protect the planet. As a commercial real estate owner or manager, you have the power to make a positive impact on the environment and your bottom line. October is National Clean Energy Action Month, a perfect time to take action and implement energy-efficient practices in your buildings. One of the best ways to start is through ENERGY STAR benchmarking and certification.

ENERGY STAR is a program by the U.S. Environmental Protection Agency (EPA) that helps businesses and individuals save money and protect the environment by promoting energy-efficient products and practices. Through benchmarking, you can compare your building's energy performance to similar buildings and identify areas for improvement. Certification, on the other hand, recognizes buildings that meet strict energy efficiency standards and have lower energy costs and greenhouse gas (GHG) emissions. By using ENERGY STAR benchmarking and certification, you can reap numerous benefits for your buildings and your business.

Top 5 Reasons for Clean Energy Action

Comply with Local and State Energy Benchmarking and Building Performance Policy

Cities and states nationwide are adopting climate action plans, which in many cases include annual ENERGY STAR benchmarking to track energy and water use and building performance standards to reduce GHG emissions across their existing building stock. Often ENERGY STAR certification is an exemption from having to perform costly audits, retro-commissioning, and efficiency improvements.

Lower Energy Costs

Energy-efficient buildings consume less energy and therefore have lower energy bills. According to ENERGY STAR, certified buildings use 35% less energy and emit 35% less carbon dioxide than typical buildings. By benchmarking your building's energy performance, you can identify ways to reduce energy waste and save money in the long run.

Higher Property Value

ENERGY STAR certification is a badge of honor that can increase your building's value and appeal to potential tenants or buyers. Certified buildings are more attractive to environmentally conscious tenants who prefer to work or live in sustainable spaces. Moreover, building certifications are being used as ESG targets and requirements by tenant companies, REITs, and investment firms.

Improved Indoor Comfort

Energy-efficient buildings are not only good for the environment and your wallet, but also for the health and comfort of occupants. By reducing energy waste, you can improve indoor air quality, reduce noise levels, and enhance thermal comfort. This can result in higher productivity, better health outcomes, and happier occupants.

Positive Public Relations

Implementing energy-efficient practices and achieving ENERGY STAR certification can improve your business's public image and reputation. You can promote your achievements to your stakeholders, customers, and the media, and showcase your commitment to sustainability and energy conservation.

Join us this month in celebrating the progress made, and more importantly, taking steps to further the clean energy transition needed to sustain our future. Take a moment, gather your team, and discuss with purpose what changes and goals you can commit to in 2024 and beyond. When you have the vision, take action. Call (424) 422-9696 or Contact Us. Talk to you soon!

About Green Econome

Green Econome is a woman-owned, small business providing energy and water efficiency compliance, consulting, and construction services for commercial real estate. Our Los Angeles-based team of licensed and credentialed professionals takes an integrated approach to finding efficiency solutions that positively affect market valuations, reduce environmental impact, meet ESG and sustainability goals, and ensure regulatory compliance.

What does the Reissued A/RCx Notice mean and why is it wonderful?

Recently, the Los Angeles Department of Building and Safety (LADBS) released a notice that they will allow building owners with the reissued A/RCx due date of September 7, 2023, to meet exemption with 2023 ENERGY STAR Certification, which previously they had not. This comes after Green Econome had advocated for the move on behalf of our EBEWE clients whose buildings are eligible for certification but leveraged the tolled deadlines afforded under the COVID emergency order. We feel it is fair for high-performing buildings to be exempt from the A/RCx report, and beneficial to the EBEWE program and the city at large to increase the number of ENERGY STAR Certified buildings throughout Los Angeles.

In plain English, there are many building owners that have not complied with EBEWE Phase II. Their understanding was that the entire program was ‘tolled’ or suspended while the COVID-19 Emergency Order was in place.

One of Mayor Bass’ initial efforts was to release this Emergency Order which also released the tolling of EBEWE Phase II deadlines.

Notices were recently sent out to buildings ending with Building IDs of 0, 1, 2, or 3 that the tolling was lifted and they were required to meet the compliance requirements. However, this lifting did not allow buildings to be ENERGY STAR certified as the window had passed if you didn’t conduct this certification the year it was required.

As you may know, we are big advocates of the available energy and water exemptions and ENERGY STAR Certification is Energy Exemption #1. Buildings must be eligible for this certification identified in the ENERGY STAR Portfolio Manager® software with an ENERGY STAR score of 75 and above. The ENERGY STAR scoring is from 1- 100 with 100 being the most energy efficient.

Along with this score, the property must have three tests conducted and verified by a licensed PE or Architect. The tests measure indoor air ventilation (quality), thermal comfort, and illumination (lighting). These test scores are then sent in an application to the EPA, which reviews the documentation and either approves or disapproves the samplings.

Why should you have your building ENERGY STAR Certified? Well besides having a nice blue decal on the entrance to your property advertising what a great building you own and operate, it has been proven by BOMA, CoStar, and others that ENERGY STAR Certified properties have higher sales prices and lease rates and lower vacancy rates.

So for those of you who want to invest in your properties, this is a wise investment! Contact us at (424) 422-9696 for information and a free quote for this certification. Please do not delay, especially if you are complying with the 9/1/23 deadline. Certification can take 2-3 months to complete.

About Green Econome

Green Econome is a woman-owned, small business providing energy and water efficiency compliance, consulting, and construction services for commercial real estate. Our Los Angeles-based team of licensed and credentialed professionals takes an integrated approach to finding efficiency solutions that positively affect market valuations, reduce environmental impact, meet ESG and sustainability goals, and ensure regulatory compliance.

Marika Erdely Headshot

Marika Erdely is the founder and CEO of Green EconoME. Before founding the company, she was CFO/VP at New Millennium Homes, a major home builder, and land developer, bringing with her nearly thirty years as an accounting professional. Marika has her Contractors License B & C-10 and is a LEED AP BD+C, Certified Energy Auditor, and Fitwel Ambassador. Marika holds an MBA from Pepperdine University and a BA in Business Economics from UCSB.

We talk to many building owners and property managers asking what happens if they do not comply with the Phase II Audit/Retro-commissioning (A/RCx) stage of the City of Los Angeles Existing Buildings Energy & Water Efficiency Program (EBEWE) Ordinance. You can read about the fines and penalties for non-compliance here. But, we want people to understand that energy and water exemptions can be met to avoid the cost, time, and labor of ASHRAE Level II audits and retro-commissioning reports. It’s easy to miss the fine print on the notices sent by the Los Angeles Department of Building and Safety (LADBS).

"You may be exempt from performing an A/RCx for energy and/or water if your building falls under the specific exemptions provided in Division 97 of the LAMC. To be considered for an exemption, a request and supporting justification must be submitted by a California licensed engineer or architect to LADBS.”

How to Know if You Qualify for an EBEWE Exemption

We prioritize these least-cost options to save money and provide value to each of our EBEWE clients. After we complete the benchmarking of a building, we deliver a custom progress and goals report which, using the metrics from ENERGY STAR® Portfolio Manager®,  illustrates the building’s benchmarked energy and water efficiency performance. The report then outlines all EBEWE Phase II compliance options based on the previous 5-years performance of that building. Surprisingly, often buildings can meet at least one or both energy and water exemptions. The table below shows the Phase II compliance schedule and comparative periods used to determine exemptions.

EBEWE Phase II compliance deadlines

* The initial compliance due dates for Building IDs ending with 0-3 were impacted by the COVID emergency order tolling of deadlines and are now subject to the reissue due date of September 7, 2023.

Why do EBEWE A/RCx Exemptions Matter?

The cost of meeting an exemption can be up to 65% less than receiving an ASHRAE Level II energy and or water audit and RCx report. Additionally, if you’re meeting an exemption you have a high-performing building, which is contributing to the city’s goal to reduce carbon emissions, and you operate an efficient building, congratulations. If you are eligible, you can also gain ENERGY STAR Certification which can help with the lease rate and marketing of your property.

What do I Have to do to Submit an EBEWE A/RCx Exemption?

Hire Green Econome of course! Whether our team completes it for you or not, here are the basics:

  • The building must be accurately benchmarked with no estimated data. LADBS requires a CA Professional Engineer or Licensed Architect to validate the results.
  • Once the exemption is met (reduction verification, ENERGY STAR Certification, etc) a declaration of exemption must be signed by the Licensed Professional and submitted through the LADBS online portal.
  • Compliance must be met every 5 years, with benchmarking required every year. Since that data is required, it’s best to always stay current on your energy and water benchmarking disclosure compliance.

Of course, you can pay for an audit that someone else tells you is required without considering these exemptions. Not all Service Providers ever mention these exemptions, because their entire approach is to sell you into an audit.

Since the tolling of EBEWE deadlines has been lifted, and the due date is now September 7, 2023, it is time to get moving. Depending on the exemption, it can take 6-8 weeks to complete, so have your building benchmarked if it hasn’t been brought up to compliance and see if it can meet any exemptions.

JUST ANNOUNCED: LADBS will be accepting 2023 ENERGY STAR Certifications for Building IDs 0-3 who need to comply by September 7th.  This is a huge win that Green Econome advocated for. It allows building owners who may not meet a reduction target but are eligible for Certification to still gain that recognition and exemption, where their only other option would have been an A/RCx report. Thank you Los Angeles!

Contact us at 424-422-9696 or info@greeneconme.com to see if your building can meet any exemptions.

Marika Erdely Headshot

Marika Erdely is the founder and CEO of Green EconoME. Before founding the company, she was CFO/VP at New Millennium Homes, a major home builder, and land developer, bringing with her nearly thirty years as an accounting professional. Marika has her Contractors License B & C-10 and is a LEED AP BD+C, Certified Energy Auditor, and Fitwel Ambassador. Marika holds an MBA from Pepperdine University and a BA in Business Economics from UCSB.