[Adopted by the Board of Trustees of the Village of Great
Neck as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-3-2017 by L.L.
No. 1-2017]
A.Â
Buildings are the single largest user of energy in the State of New
York. The poorest performing buildings typically use several times
the energy of the highest performing buildings — for the exact
same building use. As such, this program will use building energy
benchmarking to promote the public health, safety, and welfare by
making available good, actionable information on municipal building
energy use to help identify opportunities to cut costs and reduce
pollution in the Village of Great Neck ("Village").
B.Â
Collecting, reporting, and sharing building energy benchmarking data
on a regular basis allows municipal officials and the public to understand
the energy performance of municipal buildings relative to similar
buildings nationwide. Equipped with this information, the Village
is able to make smarter, more cost-effective operational and capital
investment decisions, reward efficiency, and drive widespread, continuous
improvement.
As used in this article, the following terms shall have the
meanings indicated:
Information generated by Portfolio Manager, as herein defined,
including descriptive information about the physical building and
its operational characteristics.
The process of measuring a building's energy use, tracking
that use over time, and comparing performance to similar buildings.
A building or facility that is owned or occupied by the Village
that is 1,000 square feet or larger in size.
The Deputy Clerk of the Village of Great Neck.
Electricity, natural gas, steam, hot or chilled water, fuel
oil, or other product for use in a building, or renewable on-site
electricity generation, for purposes of providing heating, cooling,
lighting, water heating, or for powering or fueling other end-uses
in the building and related facilities, as reflected in utility bills
or other documentation of actual energy use.
The numeric rating generated by Portfolio Manager that compares
the energy usage of the building to that of similar buildings.
The kBTUs (1,000 British thermal units) used per square foot
of gross floor area.
The total number of enclosed square feet measured between
the exterior surfaces of the fixed walls within any structure used
or intended for supporting or sheltering any use or occupancy.
ENERGY STAR Portfolio Manager, the internet-based tool developed
and maintained by the United States Environmental Protection Agency
to track and assess the relative energy performance of buildings nationwide,
or successor.
The Village's energy benchmarking program, as established
herein.
An entity that distributes and sells energy to covered municipal
buildings.
The Incorporated Village of Great Neck.
The amount of energy that would have been used by a property
under thirty-year average temperatures, accounting for the difference
between average temperatures and yearly fluctuations.
A.Â
This program is applicable to all covered municipal buildings, as defined in § 226-2 of this article.
B.Â
The Deputy Clerk may exempt a particular covered municipal building
from the benchmarking requirement if the Deputy Clerk determines that
it has characteristics that make benchmarking impractical.
A.Â
No later than December 31, 2016, and no later than May 1 every year
thereafter, the Deputy Clerk, or his or her designee, shall enter
into Portfolio Manager the total energy consumed by each covered municipal
building, along with all other descriptive information required by
Portfolio Manager for the previous calendar year.
B.Â
For new covered municipal buildings that have not accumulated 12
months of energy use data by the first applicable date following occupancy
for inputting energy use into Portfolio Manager, the Deputy Clerk,
or his or her designee, shall begin inputting data in the following
year.
A.Â
The Village shall make available to the public on the internet benchmarking
information for the previous calendar year no later than December
31, 2016, and by September 1 of each year thereafter for covered municipal
buildings.
B.Â
The Village shall make available to the public on the internet, and
update at least annually, the following benchmarking information:
(1)Â
Summary statistics on energy consumption for covered municipal buildings
derived from aggregation of benchmarking information; and
(2)Â
For each covered municipal building individually:
(a)Â
The status of compliance with the requirements of this program;
(b)Â
The building address, primary use type, and gross floor area;
(c)Â
Annual summary statistics, including site EUI, weather normalized source EUI, annual GHG emissions, and an energy performance score where available; and a comparison of the annual summary statistics [as required by § 226-5B(2)(c) of this program] across calendar years for all years since annual reporting under this program has been required for said building.
The Village shall maintain records as necessary for carrying
out the purposes of this program, including but not limited to energy
bills and other documents received from tenants and/or utilities.
Such records shall be preserved by the Village for a period of three
years.
A.Â
The Deputy Clerk, or his or her designee, shall be the Chief Enforcement
Officer of this program.
B.Â
The Chief Enforcement Officer of this program may promulgate regulations
necessary for the administration of the requirements of this program.
C.Â
Within 30 days after each anniversary date of the effective date
of this article, the Chief Enforcement Officer shall submit to the
Board of Trustees a report which shall include summary statistics
on energy consumption for covered municipal buildings derived from
aggregation of benchmarking information, a list of all covered municipal
buildings identifying each covered municipal building that the Deputy
Clerk determined to be exempt from the benchmarking requirement and
the reason for the exemption, and the status of compliance with the
requirements of this program.
This program shall be effective immediately upon passage of
this article.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
