HomeMy WebLinkAbout005 - 01/18/2022 - AMENDING CITY CODE REGARDING THE REQUIREMENTS FOR THE BUILDING ENERGY AND WATER SCORING PROGRAMORDINANCE NO.005, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF
FORT COLLINS REGARDING THE REQUIREMENTS
FOR THE BUILDING ENERGY AND WATER SCORING PROGRAM
WHEREAS, the City of Fort Collins' strategic vision seeks to build a culture of innovation
and a future climate economy; and
WHEREAS, on October 2, 2018, City Council adopted Resolution 2018-094, establishing
a communitywide 100% renewable electricity goal by 2030, in furtherance of the City's 2015 CAP
Framework (adopted by Resolution 2015-030), 2015 Energy Policy goals; and
WHEREAS, on December 4, 2018, City Council adopted Ordinance No. 144, 2018,
creating the Fort Collins Building Energy and Water Scoring (BEWS) program under Art. XI,
Chapter 12 of the City Code, to increase transparency and access to building information, and
enhance coordination among community efficiency programs and partner organizations across
public, nonprofit, and private sectors; and
WHEREAS, community building performance scoring is an identified strategy in the
City's Our Climate Future plan (2021) which addresses energy and water goals, and the absence
of this data reduces the efficacy of measures targeting these community goals; and
WHEREAS, public BEWS data provides transparent energy and water performance
information to prospective tenants and investors and thereby improves the City's ability to attract
tenants and investors seeking to live and work in a world -class City; and
WHEREAS, on September 7, 2021, Colorado HB 21-1286 became effective (codified at
C.R.S. § 25-7-142), requiring owners of commercial, multifamily, and public buildings with gross
floor areas of 50,000 square feet or more to report annual energy use to the Colorado Energy
Office, which building performance reporting is similar to the City's BEWS program though
expressly does not preempt local building scoring ordinances; and
WHEREAS, based on input from commercial building owners, operators, and real estate
professionals gained during BEWS program implementation, and to align with HB 21-1286, staff
have identified formatting and terminology updates to City Code to improve the clarity with which
BEWS requirements are stated and applied; and
WHEREAS, staff recommends City Council adopt the proposed BEWS program updates
in furtherance of Council's support of community climate, energy and water efficiency efforts, as
administered by Utilities Customer Connections staff, and
WHEREAS, the Energy Board discussed the proposed BEWS program updates, and HB
21-1286 at its December 9, 2021, regular meeting, and the Board added Building Performance
Standards to its 2022 work plan.; and
WHEREAS, the Interim City Manager and staff recommend to the City Council the
following program adjustments and City Code language clarifications for all BEWS reporting due
for reporting years starting June 1, 2022; and
WHEREAS, based on the foregoing, the City Council finds and determines that the
adoption of this Ordinance is necessary for the public's health, safety and welfare and, therefore,
wishes to amend Art. XI, Chapter 12 of the City Code to revise the Building Energy and Water
Scoring program conditions and reporting requirements as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 12-201 of the Code of the City of Fort Collins is hereby
amended by the adoption of a new subsection (d) to read as follows:
Sec. 12-201. - Purpose and applicability
(d) This Article applies to privately owned covered buildings as defined in § 12-202 and in
C.R.S. §25-7-142.
Section 3. That Section 12-202 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 12-202. - Definitions
The following words, terms and phrases, when used in this Article, shall have the meaning
ascribed to them in this section. Words, terms and phrases defined in the rules, regulations, policies
and procedures adopted by the City Manager shall have the meaning set forth therein:
Covered building shall mean any building or group of adjacent buildings in the City of Fort
Collins with a Gross Floor Area that is five thousand (5,000) square feet or larger and is a
commercial covered building as defined by ENERGY STAR® Portfolio Manager® or Building
Energy Consumption Survey (CBECS) published by the United States Energy Information
Administration (EIA). Covered buildings include apartment and condominium buildings three
stories or more in height above grade and representing multifamily structures defined by a typical
R-2 occupancy by the International Building Code.
-2-
Owner shall mean the person or entity including common interest ownership groups having
a legal or equitable interest in real property and the associated asset features of a covered building
during the calendar year in which benchmarking is required under § 12-203(b)(1).
Public building shall mean a covered building owned by:
(1) The state;
(2) A local government;
(3) A district or special district regulated under Title 32 of the Colorado Revised
Statutes;
(4) A state institution of higher education;
(5) A private institution of higher education as defined in C.R.S §23-18-102(9);
(6) A school district created pursuant to Article 30, Title 22 of the Colorado Revised
Statues; and
(7) A charter school authorized pursuant to Part 1 of Article 30.5, Title 22 of the
Colorado Revised Statutes.
Section 3. That Section 12-203 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 12-203. - Building energy and water score reporting.
(a) Reportingproperties. Owners of commercial and multifamily covered buildings, including
City -owned covered buildings, with a gross floor area greater than five thousand (5,000) square
feet, shall begin benchmarking building energy and water usage through ENERGY STARO
Portfolio Manager® starting June 1, 2022, and follow an annual reporting cycle thereafter:
(b) Ongoing compliance. Each covered building owner will report on an annual basis, as
follows:
(1) Benchmarking. The Owner shall provide the information necessary to benchmark
energy and water usage as defined in § 12-202 for the previous calendar year, such that
reported data encompasses January 1 to December 31 of the prior calendar year.
(2) Reporting. For every building subject to this Article, the Owner shall annually
submit to the City an energy and water benchmarking report according to the schedule set
forth herein. The report shall be based on data entered into ENERGY STAR' Portfolio
-3-
Manager' reflecting the energy and water performance information for the whole building
during the full calendar year reported. The report shall, at minimum, include the building
address, facility gross square footage, property type, and the individual or entity
responsible for submitting the benchmarking report.
(3) Transparency. Reported benchmarking information and data obtained from reports
submitted pursuant to this Article, including ENERGY STAR score, Energy Use Intensity,
and Water Use Intensity, shall be available to the public, consistent with City open data
policies, as adopted in Resolution No. 2017-014 and as amended from time to time.
(c) Building Performance Standards. The City Manager will promulgate rules consistent with
§ 12-207 and pursuant to capital expansion projects, facilities master plan and design standards for
City -owned buildings by December 31, 2022, establishing perfornnance standards to achieve a
reduction in building energy use of at least seven percent (7%) by 2026, compared to 2021
benchmarking data. City -owned building energy performance will be included in annual reports
submitted to City Council as required in § 12-208.
Section 4. That Section 12-205(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 12-205. — Exemptions; variance.
(a) Owners may apply annually to the City Manager for exemption from the benchmarking
and reporting requirements of this Article and in the manner described in any rules and regulations
promulgated by the City Manager. The City Manager, or their delegate will review and render a
decision on any application for exemption or variance from the requirements of this Article. An
exemption or variance may be granted for any building that meets at least one of the following
criteria:
(1) The building had an average physical occupancy of less than sixty (60) percent,
throughout the calendar year for which benchmarking is required, based on criteria set forth
in rules, regulations, policies and procedures adopted by the City Manager;
(2) The building is used 50% or more for industrial or agricultural processes, as such
activities are defined by ENERGY STAR' Portfolio Manager';
(3) The Owner can demonstrate the subject building's performance information is or
involves a confidential business practice, including trade secret, privileged, or confidential
commercial information. To qualify for this exemption, the Owner shall specifically
identify the information it believes to be confidential and provide a written statement
describing the manner in which public disclosure would cause substantial harm to the
Owner's competitive position in efficient energy usage alone will not be considered
confidential commercial information; and
(4) The building is a "public building" as defined by § 12-202.
-4-
(5) The covered building meets the criteria for a waiver from benchmarking or
reporting deadlines under C.R.S. §25-7-142 (5).
(6) The City Manager determines that, due to special circumstances unique to the
applicant's building and not based on a condition caused by actions of the applicant, strict
compliance with the benchmarking and reporting requirements would cause undue
hardship or would not be in the public interest.
Section 5. That Section 12-207(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 12-207. - Violations and penalties.
Any person who violates § 12-203 or § 12-204 without an applicable exception or variance
commits a civil infraction and is subject to the penalty provisions of §I-15(f) of the Code.
Failure to comply with § 12-203 or § 12-204 in any calendar year shall constitute a single
violation in that calendar year.
Introduced, considered favorably on first reading, and ordered published this 4th day of
January, A.D. 2022, and to be presented for final passage on the 18th oy of January, A.D. 2022.
ATTEST: o�
�:
c� : SE�L
Interim City Clerk
Passed and adopted on final reading on the 18th day of January, A.D. 2022.
ATTEST: /
! Cps
City Clerk;`
vAL'
-5-