[HISTORY: Adopted by the Town Board of the Town of East Hampton 3-2-2017 by 7-2017.
Amendments noted where applicable.]
A.
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.
B.
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.
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.
A.
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.
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 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 Local
Law; 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 § 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.
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.
A.
The Department shall be the chief enforcement of this Local Law.
B.
The chief enforcement of this Local Law may promulgate regulations
necessary for the administration of the requirements of this Local
Law.
C.
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.
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.
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.
