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San Francisco Commercial Energy Performance Disclosure and Energy Audit Ordinance

Non-Residential Energy Performance Disclosure and Energy Audit Requirement Summary

On February 8th, 2011, the city of San Francisco adopted the San Francisco Existing Commercial Building Energy Performance Ordinance, requiring owners of non-residential buildings in San Francisco to obtain energy efficiency audits, as well as to measure and disclose energy performance annually.

Energy Performance Disclosure Requirement

The owner of every non-residential building in the city of San Francisco shall annually file with the Department of the Environment an Annual Energy Benchmark Summary report (AEBS) for each covered building using ENERGY STAR® Portfolio Manager.  The AEBS shall be based on assessment in Portfolio Manager of the entire non-residential building and related facilities and must use 12 continuous months of data ending no earlier than two months prior to submittal to the Department of the Environment.

Energy Disclosure Schedule

Annual Energy Benchmark Summary reports from Portfolio Manager shall be filed with the Department of the Environment according to the following schedule:

  1. For buildings greater than 50,000 square feet in gross area, the owner must complete and submit the initial Annual Energy Benchmark Summary report on or before April 1, 2011, and annually no later than April 1 thereafter.
  2. For buildings greater than 10,000 square feet but less than or equal to 49,999 square feet in gross area, the owner must complete and submit the initial AEBS on or before April 1, 2012, and annually no later than April 1 thereafter.
  3. For buildings greater than 5,000 square feet but less than 9,999 square feet in gross area, the owner must complete and submit the initial AEBS on or before April 1, 2013, and annually no later than April 1 thereafter.

Energy Efficiency Audit and Report Requirement

The owner of any non-residential building with a gross area of 5,000 square feet or greater shall conduct a comprehensive energy audit for each such building not less than once every five (5) years.  The energy efficiency audit shall meet or exceed standards set forth by the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE) Procedures for Commercial Building Energy Audits (2004).

  1. Buildings greater than 50,000 square feet in gross area shall receive a comprehensive audit of the whole building which meets or exceeds the Level II Audit standard as defined by ASHRAE.
  2. Buildings greater than 4,999 square feet and less than or equal to 49,999 square feet in gross area receive a walkthrough audit of the whole building which meets or exceeds the Level I audit standard, as defined by ASHRAE.

The energy professional performing or supervising the energy efficiency audit must have one of the following qualifications:

  1. Licensed Professional Engineer (PE)
  2. Association of Energy Engineers Certified Energy Manager (CEM)
  3. Association of Energy Engineers Certified Energy Auditor (CEA)
  4. A person with similar professional credentials as determined by the Department of the Environment

Energy Efficiency Audit and Report Schedule

The owner of every non-residential building shall file a Confirmation of Energy Efficiency Audit for each covered building with the Department of the Environment.  The Department of the Environment shall establish a schedule such that:

  1. Due dates for all covered buildings shall be staggered over a five year rolling deadline, with subsequent energy efficiency audits and energy efficiency audit reports due every five years thereafter.
  2. All buildings required to undertake an energy efficiency audit shall be assigned a specific date when a completed energy efficiency audit is due.

Buildings owners may comply with the first assigned due date for an energy efficiency audit by submitting records of audits, retro-commissioning, and retrofits performed not more than three (3) years prior to the effective date of this ordinance.

The new San Francisco Existing Commercial Building Energy Performance Ordinance will force building owners to benchmark their buildings via EPA’s Energy Star, which they really need to anyway to comply with Califronia Energy Disclosure Law AB 1103.   AB 1103 requires property owners to disclose their buildings Energy Star Portfolio Manager ratings during lease, sale, and financing transactions.   So on some level, building owners were required to do their energy benchmarking work anyway. 

2011 should be an interesting year.  Email me if you have further if you have further quesiton:  joe@partneresi.com.

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