[1]
Editor's Note: This chapter was originally designated as Ch. 626 but was renumbered due to a preexisting Ch. 626.
[Ord. No. 29-2016, § 1, eff. 10-21-2016]
As used in this Chapter, the terms below shall have the following definitions:
(a) 
BENCHMARKING APPLICATION
means the internet-based database system known as "ENERGY STAR Portfolio Manager," or any successor system thereto, developed by the United States Environmental Protection Agency (EPA), to track and assess the energy and water consumption and performance of a building.
(b) 
COVERED BUILDING
is either of the following:
(1) 
Any non-residential building with indoor floor space of fifty thousand (50,000) square feet or more.
(2) 
All non-residential portions of any mixed-use building where a total of at least fifty thousand (50,000) square feet of indoor floor space is devoted to any non-residential use.
(c) 
CITY FACILITY
means a building that appears in the records of the Department of Finance, that is owned by the City, or a building for which the City regularly pays all or part of the annual energy or water bills; for purposes of this Chapter, a City facility is a covered building.
(d) 
DEPARTMENT
means the Department of Innovation and Performance or such other department the Mayor may designate to administer this Section.
(e) 
ENERGY
means electricity, natural gas, steam, heating oil, or other products sold by a utility to a customer of a covered building, and on-site energy generation or renewable on-site energy generation, used for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end uses captured by the ENERGY STAR Portfolio Manager, and/or any other sources of energy that the City may designate.
(f) 
OWNER
means any of the following:
(1) 
An individual or entity possessing title to a covered building;
(2) 
The net lessee in the case of a covered building subject to a triple net lease; or
(3) 
An agent authorized, in writing on file with the Department, to act on behalf of any of the above.
(g) 
WATER
means water used for potable and nonpotable uses sold by a utility to a covered building, as well as non-purchased on-site water use from wells, the aquifer, reuse, and any other sources of water that the City may designate.
(h) 
STATEMENT OF ENERGY PERFORMANCE
means a statement of energy and water performance generated by EPA's ENERGY STAR Portfolio Manager.
[Ord. No. 29-2016, § 1, eff. 10-21-2016]
(a) 
The owner or owner's designee of a covered building shall, no later than June 1 of each year, submit the following information to the Department, in EPA's Energy Star Portfolio Manager for the previous calendar year, and share with the City of Pittsburgh:
(1) 
Complete building energy usage;
(2) 
Complete building water usage; and
(3) 
Building characteristics and use attributes as required by the EPA's Energy Star Portfolio Manager.
[Ord. No. 29-2016, § 1, eff. 10-21-2016]
(a) 
The Department may exempt from the benchmarking requirements the owner of a covered building that submits a request, together with documentation which demonstrates to the satisfaction of the Department any of the following criteria, at least sixty (60) days prior to any benchmarking submission deadline:
(1) 
The covered building does not have a certificate of occupancy or temporary certificate of occupancy for all twelve (12) months of the calendar year being benchmarked.
(2) 
A demolition permit has been issued for the covered building during the calendar year being benchmarked, provided that demolition work has commenced, energy-related systems have been compromised and legal occupancy is no longer possible prior to June 1 for the applicable year.
(3) 
The covered building had average physical occupancy of less than fifty (50) percent throughout the calendar year for which benchmarking is required.
(4) 
The Department determines that, due to special circumstances unique to the covered building and not based on a condition caused by actions of the owner, applicant, or operator, that strict compliance with provisions of this Chapter would cause undue hardship or would not be in the public interest.
(5) 
The covered building is primarily used for manufacturing or other industrial purposes for which benchmarking results would not meaningfully reflect the covered building's energy use characteristics due to the intensive use of process energy.
(6) 
The owner is unable to benchmark due to the failure of either a utility or a tenant (or both) to provide the information necessary for the owner to complete any benchmarking submittal requirement.
Any Owner requesting such an exemption shall provide the Department with any and all documentation requested to substantiate the request or otherwise assist the Department in the exemption determination. Any exemption granted shall be limited to the benchmarking submission for which the request was made and shall not extend to past or future submittals.
[Ord. No. 29-2016, § 1, eff. 10-21-2016]
Nothing in this Chapter shall be construed as to prevent a person or entity in control of a building, not otherwise a covered building, from submitting any benchmarking information to the Department, otherwise in accordance with this Chapter. The Department may enter into agreements with any such persons governing any such participation.
[Ord. No. 29-2016, § 1, eff. 10-21-2016]
The City shall implement a Citywide program to provide an online-platform for the reporting of Citywide benchmarking data online and in a manner that permits owners and tenants of covered buildings, prospective purchasers, and lessees, and the public to view and compare energy and water usage among comparable buildings and uses.
[Ord. No. 29-2016, § 1, eff. 10-21-2016]
(a) 
Between September 1 and December 31 of each year, the Department shall notify owners of their obligation to benchmark for that calendar year, provided that the failure of the Department to notify any such owner shall not affect the obligation of such owner to benchmark.
(b) 
By December 1 of each year, the City shall publicly post on the internet a list of all covered buildings and city facility properties that must provide a benchmarking submission for the following calendar year.
[Ord. No. 29-2016, § 1, eff. 10-21-2016]
(a) 
A covered building owner or City facility operator who successfully complies with the benchmarking requirements in this Chapter will be publicly posted on the online platform described in Section 629.05 as "participating."
(b) 
A covered building owner or City facility operator who is exempt from benchmarking requirements, pursuant to Section 629.03, will be publicly posted on the online platform described in Section 629.05 as "exempted."
(c) 
A covered building owner or City facility operator who fails to comply with the benchmarking requirements in this Chapter will be publicly posted on the online platform described in Section 629.05 as "eligible and non-participating."
(d) 
Pursuant to Section 629.04, a property owner of a building that is not a covered building, or City facility operator of a building that is not a covered building, yet successfully complies with the benchmarking requirements in this Chapter, will be publicly posted on the online platform described in Section 629.05 as "voluntarily participating."
[Ord. No. 29-2016, § 1, eff. 10-21-2016]
All City facilities shall complete Section 629.02 by June 1, 2017. All covered buildings shall complete Section 629.02 by June 1, 2018.
[Ord. No. 29-2016, § 1, eff. 10-21-2016]
The provisions of this Chapter are severable. If any portion of this Chapter is held invalid, unenforceable, or unconstitutional by any court of competent jurisdiction, it shall not affect the validity of the remaining portions of this Chapter, which shall be given full force and effect.