Town of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of East Hampton 3-2-2017 by 7-2017. Amendments noted where applicable.]

§ 175-1 Purpose.

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 local law 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 East Hampton.
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 East Hampton is able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement.

§ 175-2 Definitions.

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 East Hampton that is 1,000 square feet or larger in size.
Town of East Hampton Department of Natural Resources.
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.
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.

§ 175-3 Applicability.

This local law is applicable to all covered municipal buildings as defined in § 175-2 of this local law.
The Department may exempt a particular covered municipal building from the benchmarking requirement if it has characteristics that make benchmarking impractical.

§ 175-4 Benchmarking required for covered municipal buildings.

No later than December 31, 2017, and no later than May 1 every year thereafter, 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.
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 Department shall begin inputting data in the following year.

§ 175-5 Disclosure and publication of benchmarking information.

The Department shall make available to the public on the Internet benchmarking information for the previous calendar year:
No later than December 31, 2017, and by September 1 of each year thereafter for covered municipal buildings; and
The Department shall make available to the public on the Internet and update at least annually, the following benchmarking information:
Summary statistics on energy consumption for covered municipal buildings derived from aggregation of benchmarking information; and
For each covered municipal building individually:
The status of compliance with the requirements of this Local Law; and
The building address, primary use type, and gross floor area; and
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 § 175-5B(2)(c) of this Local Law) across calendar years for all years since annual reporting under this Local Law has been required for said building.

§ 175-6 Maintenance of records.

The Town shall maintain records as necessary for carrying out the purposes of this Local Law, 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.

§ 175-7 Enforcement and administration.

The Department shall be the chief enforcement of this Local Law.
The chief enforcement of this Local Law may promulgate regulations necessary for the administration of the requirements of this Local Law.
The Department shall submit a report to the Town Board annually, 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 any covered municipal buildings determined to be exempt from the benchmarking requirement, and the status of compliance with the requirements of this Local Law.

§ 175-8 When effective.

This Local Law shall be effective immediately upon its adoption by the Town Board and filing of the same with the Secretary of State as provided by law.

§ 175-9 Severability.

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.