[Adopted 6-7-2017 by L.L. No. 1-2017]
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 article 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 City
of Geneva, New York.
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 City of
Geneva, New York, 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.
The head of the Department.
A building or facility that is owned or occupied by the City
of Geneva that is 1,000 square feet or larger in size.
The Office of the Comptroller.
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 its 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.
This article is applicable to all covered municipal buildings as defined in § 140-2 of this article.
B.
The Commissioner may exempt a particular covered municipal building
from the benchmarking requirement if the Commissioner determines that
it has characteristics that make benchmarking impractical.
A.
No later than May 1 every year, the Commissioner 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 Commissioner
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 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 article;
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 § 140-5B(2)(c) of this article) across calendar years for all years since annual reporting under this article has been required for said building.
The Department shall maintain records as necessary for carrying
out the purposes of this article, 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 Comptroller or his or her designee from the Department shall
be the chief enforcement officer of this article.
B.
The chief enforcement officer of this article may promulgate regulations
necessary for the administration of the requirements of this article.
C.
Within 30 days after each anniversary date of the effective date
of this article, the chief enforcement officer shall submit a report
to the City Council, 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 Commissioner
determined to be exempt from the benchmarking requirement and the
reason for the exemption, and the status of compliance with the requirements
of this article.
This article 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.
