[HISTORY: Adopted by the Town Board of the Town of Riverhead7-24-2017 by L.L. No. 14-2017. Amendments noted where applicable.]
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 chapter 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 Town of Riverhead. 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 Town of Riverhead is able to make smarter, more
cost-effective operational and capital investment decisions, reward
efficiency, and drive widespread continuous improvement.
As used in this chapter, 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 Town
of Riverhead that is 1,000 square feet or larger in size.
Office of the Town Engineer.
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 head of the Department.
An entity that distributes and sells energy to covered municipal
buildings.
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.
This chapter is applicable to all covered municipal buildings as defined in § 250-2 of this chapter.
B.
The Town
Engineer may exempt a particular covered municipal building from the
benchmarking requirement if the Town Engineer determines that it has
characteristics that make benchmarking impractical.
A.
No later
than December 31, 2017, and no later than May 1 every year thereafter,
the Town Engineer or his or her designee from the Department 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.
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 Town Engineer or
his or her designee from the Department shall begin inputting data
in the following year.
A.
The Department
shall make available to the public on the internet benchmarking information
for the previous calendar year:
(1)
No
later than December 31, 2017, and by September 1 of each year thereafter
for covered municipal buildings; and
B.
The Department
shall make available to the public on the internet and update at least
annually, the following benchmarking information:
(1)
Summary
statistics on energy consumption for covered municipal buildings derived
from aggregation of benchmarking information; and
(2)
For
each covered municipal building individually:
(a)
The status of compliance with the requirements of this chapter; and
(b)
The building address, primary use type, and gross floor area; and
(c)
Annual summary statistics, including site EUI weather normalized
source EUI, annual GHG emissions, and an energy performance score
where available; and
(d)
A comparison of the annual summary statistics [as required by § 250-5B(2)(c) of this chapter] across calendar years for all years since annual reporting under this chapter has been required for said building.
The Department shall maintain records as necessary for carrying
out the purposes of this chapter, including but not limited to energy
bills and other documents received from tenants and/or utilities.
Such records shall be preserved by the Department for a period of
three years.
A.
The Town
Engineer or his or her designee from the Department shall be the Chief
Enforcement Officer of this chapter.
B.
The Chief
Enforcement Officer of this chapter may promulgate regulations necessary
for the administration of the requirements of this chapter.
C.
Within
30 days after each anniversary date of the effective date of this
chapter, the Chief Enforcement Officer shall submit a report to the
Town Board of the Town of Riverhead, including but not limited to
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 Town Engineer determined to be exempt from the benchmarking
requirement and the reason for the exemption, and the status of compliance
with the requirements of this chapter.
This chapter shall be effective immediately upon passage.
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.