HomeMy WebLinkAbout223 - - REPEALING ARTICLE XI, CHAPTER 12, OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO BUILDING ENE- 1 - Ordinance Defeated on First Reading December 2, 2025.
ORDINANCE NO. 223, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ARTICLE XI, CHAPTER 12, OF THE CODE OF THE CITY OF FORT
COLLINS PERTAINING TO BUILDING ENERGY AND WATER SCORING AND
REENACTING ARTICLE XI, CHAPTER 12 AS BENCHMARK AND BUILDING
PERFORMANCE
A. The City of Fort Collins’ strategic vision seeks to build a culture of
innovation.
B. On March 3, 2015, City Council adopted Resolution 2015-030, recognizing
the 2015 Climate Action Plan Framework (“2015 CAP Framework”), which contains a high
level analysis of the strategies necessary to reduce Fort Collins’ community-wide
greenhouse gas emissions and established goals to reduce emissions to twenty (20)
percent below 2005 levels by 2020; and additionally, established the goals of reducing
emissions to eighty (80) percent levels by 2030 and to be carbon neutral by 2050.
C. On December 15, 2015, City Council adopted Resolution 2015-115,
approving the 2015 Energy Policy, which establishes goals for reducing energy in existing
buildings.
D. On March 1, 2016, City Council adopted Resolution 2016-023, approving
the 2015 Water Efficiency Plan and establishing a goal to reduce water use to one
hundred thirty (130) gallons per capita per day by 2030 of which goal community building
water scoring serves an integral component in identifying strategies.
E. On April 19, 2016, City Council adopted Ordinance No. 046, 2016,
recognized the electric utility benefits of community building energy scoring by authorizing
funding from the Electric Utility Fund to establish a Building Energy Disclosure and
Scoring effort to manage or reduce peak demand and overall electric service loads.
F. On October 2, 2018, City Council adopted Resolution 2018-094,
establishing a community-wide one hundred (100) percent renewable electricity goal by
2030, in furtherance of the City’s 2015 Climate Action Plan (“CAP”) Framework (adopted
by Resolution 2015-030), 2015 Energy Policy goals.
G. 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.
H. 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.
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I. Public Building Benchmarking and Performance 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.
J. On September 7, 2021 Colorado HB 21-1286 became effective (codified at
Colorado Revised Statutes (“C.R.S.”) Section 25-7-142), requiring owners of commercial,
multifamily, and public buildings with gross floor areas of fifty thousand (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.
K. Building Performance Standards (BPS) programs set energy performance
targets for existing commercial buildings 10,000 square feet (sq. ft.) to meet established
Energy Use Intensity (EUI) targets for specific building types or meet a reduction target,
identified as a percentage reduction over the compliance period through 2035.
L. Staff has recommended that City Council adopt the Building Benchmarking
and Performance (BBP) program updates set out in this Ordinance in furtherance of
Council’s support of the 2024-2026 adopted City Council priorities and the Our Climate
Future plan, as administered by Utilities Customer Connections staff.
M. The Energy Board considered the Building Performance Standards as
proposed by staff at the April 23, 2024, Council meeting, and provided a memorandum in
support dated July 15, 2024.
N. The City Manager and staff have recommended that the program
adjustments and City Code language clarifications set out in this Ordinance go into effect
for all BBP reporting due for reporting years starting January 1, 2026.
O. 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 repeal
Article XI, Chapter 12, of the Code of the City of Fort Collins pertaining to Building Energy
and Water Scoring and reenacting Article XI, Chapter 12 as Benchmark and Building
Performance as set forth herein.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Article XI of Chapter 12 of the Code of the City of Fort Collins is
repealed and reenacted to read as follows:
ARTICLE XI. - BUILDING ENERGY AND WATER SCORING
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Sec. 12-201. - Purpose and applicability.
(a) The purpose of this Article is to establish a Building Energy and Water Scoring
Program that requires owners of existing buildings ("Covered Buildings") to
benchmark building energy and water performance, and makes such building
performance information publicly available, in the interest of increasing
transparency and access to community building information, and enhanced
coordination and efficiencies among City energy efficiency programs and partner
organizations across public, nonprofit, and private sectors.
(b) The provisions of this Article shall:
(1) Apply to any person who owns a Covered Building or is a registered agent of
an entity owning a Covered Building within the City limits; and
(2) Apply to aggregated utility usage data reported in a statistical format; including
ENERGY STAR® score.
(c) This Article shall not apply to Fort Collins Utilities customer financial data or other
data protected from disclosure under § 26-26 of this Code, unless requested in
writing by the utility customer.
(d) This Article applies to privately owned covered buildings as defined in §12-202 and
in C.R.S. §25-7-142.
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:
Benchmarking shall mean measuring a Covered Building's energy performance
using the ENERGY STAR® Portfolio Manager® tool.
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 Commercial 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.
Energy Efficiency Program shall mean the administrative program funded by the City
of Fort Collins Utilities providing rebate and incentive money for energy efficiency
upgrades for new construction and existing commercial buildings.
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ENERGY STAR® Portfolio Manager® shall mean the online tool created by the US
Environmental Protection Agency used to measure and track a building's energy use,
water consumption, waste diversion and greenhouse gas emissions.
Energy use intensity or EUI shall mean a building's energy use expressed as energy
per square foot per year as a function of its size and other characteristics. A whole
building's EUI is typically measured in thousands of BTU per square foot per year
(kBTU/ft2 /yr).
Gross floor area or GFA shall mean the total property square footage, measured
between the principal exterior surfaces of the enclosing fixed walls of a building, as
defined in the ENERGY STAR® Portfolio Manager® definitions.
Occupancy shall mean the percentage of a property's gross floor area that is
occupied and operational.
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.
Reporting or report shall mean the data submitted each year via the ENERGY
STAR® Portfolio Manager® tool using a template and submission link to be distributed
and publicized by the City of Fort Collins. All information expressly denoted as mandatory
by either ENERGY STAR® Portfolio Manager® or the City shall be included in the
submission.
Water use intensity or WUI shall mean a building's water use expressed as all water
sources divided by the building square feet (not including parking or irrigated area). A
whole building's WUI is typically expressed in gallons per square foot per year (gal/ft2 /yr).
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Sec. 12-203. - Building energy and water score reporting.
(a) Reporting properties. 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 STAR® 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 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 performance standards to achieve a reduction in building energy use
of 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.
Sec. 12-204. - Data verification; records retention.
(a) Owners are required to submit accurate and complete data as defined in this
Article and ENERGY STAR® Portfolio Manager® How to Get Utility Data into
Portfolio Manager® and by using the data quality checker tool within ENERGY
STAR® Portfolio Manager® for each Covered Building in their portfolio.
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(b) Owners shall maintain the following records for a period of at least three years,
and shall make such records available for inspection during business hours upon
reasonable notice from the City:
(1) ENERGY STAR® Portfolio Manager® account data;
(2) Proof of tenant data requests for energy or space use attribute data from any
separately metered tenants; and
(3) Any back-up information substantiating the energy data and space use attribute
information entered into the ENERGY STAR® Portfolio Manager®.
(c) Any person who fails, neglects or refuses to submit accurate and complete data
as required by this Article is subject to enforcement under § 12-206 of this Code.
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.
(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.
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(b) The City Manager's determination regarding applicability of an exception or
variance under this section shall be final; no further administrative review or appeal
to the City shall be available to an Owner aggrieved by such determination.
Sec. 12-206. - Implementation.
The City Manager may adopt such other rules and regulations concerning the
benchmarking and reporting of building performance information as may be necessary to
implement the provisions of this Article not in conflict with such provisions.
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 §1-15(f) of
the Code. Notwithstanding the citation service requirements otherwise set forth in § 19-
65 of the Code, citations for violations of this section will be deemed properly served when
delivered to the covered building owner or other responsible party by first-class mail at
the last known address of said party, as reflected in the records of the City, County, or
State. A copy of the citation may also be posted in a conspicuous place on the covered
building.
Failure to comply with §12-203 or §12-204 in any calendar year shall constitute a
single violation in that calendar year.
Sec. 12-208. - Evaluation.
The City Manager shall present an annual report to the City Council each year
evaluating the Building Energy and Water Scoring Program output and outcomes.
Secs. 12-209—12-219. - Reserved.
ARTICLE XI. - BUILDING BENCHMARKING AND PERFORMANCE
Sec. 12-201. - Purpose and applicability.
(a) The purpose of this Article is to establish benchmarking and performance
programs that require owners of covered buildings to benchmark building energy
and water performance and increase transparency and access to community
building information as outlined in §12-203.
(1) Improve and increase commercial building performance efficiency through
building performance standards as outlined in §12-204 and §12-205 with the option
of selecting one of two compliance pathways: Meeting site EUI targets outlined in
Table 1; or achieving a minimum standard percent reduction as outlined in §12-
205. Attainment of these requirements shall be demonstrated through annual
benchmarking reports as outlined in §12-204(j).
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(2) Building Benchmarking and Performance Standards are powerful tools to
improve building performance and reduce energy use across Fort Collins. In
alignment with the City’s community-developed and council-adopted, Our Climate
Future plan, benchmarking and performance programs are critical to reduce
greenhouse gas emissions. As of 2025, buildings in Fort Collins accounted for
over two thirds of our local greenhouse gas emissions. Improving building
efficiency reduces greenhouse gas emissions and costs for owners and rate
payers. It can also increase occupancy and tenant retention, improve health,
safety, and comfort of occupants.
(3) The provisions of this Article shall:
a. Apply to any building owner who owns a covered building or is a
registered agent of an entity owning a covered building within the City limits;
and
b. Apply to aggregated utility usage data reported in a statistical format;
including ENERGY STAR® score.
(4) This Article shall not apply to Fort Collins Utilities customer financial data or
other data protected from disclosure under §26-26 of this Code, unless requested
in writing by the utility customer.
(5) This Article applies to privately owned covered buildings as defined in §12-
202 and in C.R.S. § 25-7-142.
(6) Benchmarking requirements shall apply to water use beginning on July 1,
2027.
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:
Baseline year means a calendar year of benchmarking reported data that building owner
of a covered building selects to comply with standard percent reduction within one of
these three (3) calendar years: 2023, 2024, or 2025.
Benchmarking means annually measuring a covered building's performance using the
ENERGY STAR® Portfolio Manager® tool or other City-approved tool.
Building means any single structure utilized or intended for supporting or sheltering any
occupancy, except if a single structure contains two or more individually metered units
operating independently that have stand-alone heating, cooling, hot water, and other
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mechanical systems, and no shared interior common areas. Building also means two (2)
or more structures utilized or intended for supporting or sheltering any occupancy that:
(1) Is serviced by a common energy meter;
(2) has a common heating or cooling system;
(3) share interior common areas; or
(4) whose configuration otherwise prevents an accurate determination of the
energy consumption attributable to each individual structure.
Building performance standards (BPS) means the performance targets that a covered
building must meet to achieve the energy requirements as outlined in §12-204.
Exception: For the purposes of compliance with building performance standards in
§12-204, multifamily residential, buildings under ten thousand (10,000) square feet
total Gross Floor Area, and buildings constructed in compliance with the 2024
International Energy Conservation Code (IECC) or subsequent codes are excluded.
These buildings will still need to comply with benchmarking requirements in §12-203.
Campus means a collection of two or more buildings that are owned and operated by the
same building owner, have a shared purpose and function as a single property.
Covered building means a commercial or multifamily building comprising a gross floor
area of five thousand (5,000) square feet or more that is occupied by a single occupant
or a group of tenants.
Exception: Excludes public buildings, aside from City-owned buildings, and buildings
used fifty (50) percent or more for industrial or agricultural processes, as such
activities are defined by ENERGY STAR® Portfolio Manager® tool or other City-
approved tool.
ENERGY STAR® Portfolio Manager® means the online tool created by the US
Environmental Protection Agency used to measure and track a building's energy use,
water consumption, waste diversion and greenhouse gas emissions.
Energy use intensity (EUI) means a building's total amount of energy for all fuel types
used by a building, expressed as energy per square foot per year as a function of its size
and other characteristics. A whole building's EUI is typically measured in thousands of
BTU per square foot per year (kBTU/ft 2 /yr).
Final performance standard means the numeric site EUI target or standard percentage
reduction target the covered buildings shall achieve during the 2035 calendar year and
thereafter as reported in the ENERGY STAR® Portfolio Manager® tool or other City-
approved tool as outlined in §12-205.
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Gross floor area (GFA) shall mean the total building area, as measured from the outside
surface of each exterior wall of the building, including above-grade and below-grade
space.
Interim performance standard means the numeric site EUI target or standard percentage
reduction target the covered buildings shall achieve during the 2031 calendar year as
reported in the benchmarking tool.
kBtu means thousand British thermal units.
Mixed-use building means a building that contains two or more property types.
Multifamily building means, for the purposes of this Article, a covered building that includes
apartments 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. Individual multifamily buildings within a complex are
benchmarked together as a campus. (If any building within the campus is three [3] stories
or more above grade, the whole complex is covered together and reports as one single
entity if the total square footage of all buildings combined is at least five thousand [5,000]
square feet.).
Occupancy means the percentage of a property's gross floor area that is occupied and
operational.
Owner means 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 or building performance
standards as required in §12-203 and §12-204.
Property financial distress means the property owned by the building owner is
experiencing at least one of the following conditions:
(1) The property has been included on the City's, Larimer County's annual tax
lien sale list within the previous two years;
(2) The property is an asset subject to a court-appointed receiver that controls
the asset due to financial stress;
(3) The property is owned by a financial institution as a result of a default by a
borrower;
(4) The property has been acquired by a deed in lieu of foreclosure; or
(5) The property is the subject of a senior mortgage subject to a notice of
default.
Property type means the building property use type that the building owner selects in
the ENERGY STAR® Portfolio Manager® tool as listed in §12-205.
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Public building means 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.
Renewable energy means electricity generated from a source that is not depleted when
used.
Reporting or reports means the data submitted each year via the ENERGY STAR®
Portfolio Manager® tool or other City-approved tool using templates and submission links
to be distributed and publicized by the City of Fort Collins. All information expressly
denoted as mandatory by either ENERGY STAR® Portfolio Manager® or the City shall be
included in the submission. Energy and water shall be separately reported.
Site energy-use intensity or Site EUI means a measurement of a building’s site energy
use relative to the building’s size, calculated by dividing the total net energy the building
consumes in one year by the building’s gross floor area, excluding any parking garage,
and that is reported in thousands of British thermal units per square foot per year.
Standard percent reduction means the minimum required percentage reduction as
defined in §12-205 (b).
Unoccupied means a building without occupants or tenants other than security,
maintenance staff, or construction workers during a construction or renovation project.
Water use intensity (WUI) means a building's water use expressed as all water sources
divided by the building square feet (not including parking or irrigated area). A whole
building's WUI is typically expressed in gallons per square foot per year (gal/ft 2 /yr).
Weather-normalized means a method for modifying the measured building energy use in
a specific weather year to energy use under normal weather conditions.
Sec. 12-203. - Building benchmarking and reporting.
Reporting properties. Building owners of commercial and multifamily covered buildings,
including City-owned covered buildings, with a gross floor area equal to or greater than
five thousand (5,000) square feet, shall benchmark building energy and water usage
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through ENERGY STAR® Portfolio Manager® or other City-approved tool, and follow an
annual reporting cycle thereafter.
(1) Ongoing compliance. Each covered building owner will report on an annual
basis, as follows:
a. Benchmarking. The building 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.
b. Reporting. For every building subject to this Article, the building
owner shall annually submit to the City energy and water benchmarking
reports according to the schedule set forth herein. The reports shall be
based on data entered into ENERGY STAR® Portfolio Manager® or other
City-approved tool 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 reports.
c. Transparency. Reported benchmarking information and data
obtained from reports submitted pursuant to this Article, including ENERGY
STAR® score (if available), 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.
Sec. 12-204. - Building performance standards.
(a) Properties covered by building performance standards. Building owners of
covered buildings with a gross floor area equal to or greater than ten thousand (10,000)
square feet, shall comply with building performance standards as outlined in this Article.
(b) Benchmarking. Building owners of covered buildings shall continue to provide the
information necessary to benchmark energy and water usage as required in §12-203.
(c) In general. Building owners of covered buildings shall demonstrate compliance
with the building performance standards during the 2031 interim target year and 2035
final target year, through benchmarking reports showing the prior year performance shall
be submitted no later than June 1, 2032, and June 1, 2036. The 2035 compliance targets
must be maintained each subsequent year until ordinance language is changed.
(d) Interim targets. Interim targets will be uniquely assigned to each building to reflect
a midpoint between 2025 reported benchmarked use and 2035 target use based on a
straight line from the building’s 2025 reported energy use to their final target EUI. If 2025
benchmarked data is not available, interim targets included in §12-205 will be used until
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accurate benchmarking data are submitted, at which point it will be assigned based on
building use.
(e) Change in ownership. Responsibility to comply shall not be affected by changes in
ownership or owner/tenant lease agreements. Approved adjustments will be reevaluated
upon change in ownership.
(f) Changes in property type. If a covered building's property type changes the
established target will be changed to the new property type.
(g) Renewable energy. Renewable energy generated on-site, as measured in kWh,
will be credited towards energy use, lowering the target EUI.
(h) Transparency. The City shall publish each building’s final and interim building
standards and the buildings’ performance against those standards on an annual basis.
(i) Building performance standards in City-owned buildings. City-owned building
energy performance will be included in annual reports submitted to City Council as
required in §12-203, and City-owned covered buildings will be subject to building
performance standards requirements defined in this Article.
(j) Demonstrating building compliance.
(1) Owners of covered buildings shall use the ENERGY STAR® Portfolio
Manager® tool or other City-approved tool, to demonstrate the following:
a. In the compliance benchmarking report due on June 1, 2032, a
demonstration that the covered building has met the interim site EUI target
or standard percent reduction for calendar year 2031.
b. In the compliance benchmarking report due on June 1, 2036, a
demonstration that the covered building has met the site EUI target or
standard percent reduction for calendar year 2035.
(2) Each covered building must maintain compliance with the final building
performance standards each subsequent year until ordinance language is
changed.
(k) State covered buildings. For buildings that are also covered by the State of
Colorado building performance standards requirements as defined in 5 CCR 1001-32,
those buildings shall be deemed in compliance with the Fort Collins requirements if the
State of Colorado has determined they are in compliance with the State requirements.
(l) Disclosure upon sale. The owner of a covered building shall disclose the covered
building's compliance status in documentation concerning the sale of the covered building
to all prospective buyers prior to the sale of the building, including all performance targets,
any approved alternate compliance pathways, and any penalties assessed.
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(m) Data Verification. Covered buildings must submit third-party data verification for
benchmarking data of baseline, interim, and final target years at the City’s request.
Section 12-205. - Performance metrics.
(a) Building owners of covered buildings must reduce energy use through one of the
following building performance standards compliance pathways:
(1) Meet the site EUI targets included in Table 1 by demonstrating that the
building’s weather normalized site EUI during the interim and final target calendar
years are less than or equal to the applicable site EUI targets; or
(2) Meet the standard percent reduction.
(b) Standard percent reduction: Instead of achieving the site EUI targets in Table 1,
a covered building owner may opt to comply by achieving and maintaining the standard
reduction target based on their covered building’s weather-normalized site EUI as
compared to the covered building’s baseline year. Under this compliance pathway, the
covered building must:
(1) In 2031, achieve and maintain a standard percent reduction of twelve (12)
percent in comparison to the covered building’s benchmarked baseline weather-
normalized site EUI.
(2) In 2035, achieve and maintain a standard percent reduction of twenty-five
(25) percent in comparison to the covered building’s benchmarked baseline
weather-normalized site EUI.
(c) Establishing baseline EUI.
(1) Building owners who will use the standard reduction pathway must report
to City which year they will use as baseline through a City-approved form. If
building owners do not select a baseline year, the City will assign the year with the
highest weather normalized site EUI.
(2) For existing covered buildings where no baseline data is available, the City
will establish reasonable baseline data based on benchmarking data for that
covered building from other years if available, or on the average reported use for
that property type if historical benchmarking data is not available.
(3) For new covered buildings, the baseline data shall be the predicted weather
normalized site EUI for that covered building if one was submitted as part of energy
code compliance. If no predicted EUI is available, program administrators will
establish a reasonable baseline based on the average reported use for that
property type.
-15- Ordinance Defeated on First Reading December 2, 2025.
Table 1: Building Performance Targets by Property Type
Property Type Interim Site EUI Final Site EUI
Adult Education 85 77
Ambulatory Surgical Center 117 105
Aquarium 122 112
Automobile Dealership 78 71
Bank Branch 91 82
Bar/Nightclub 264 249
Barracks 103 96
Bowling Alley 64 57
Casino 122 112
College/University 103 93
Convenience Store with Gas Station 262 237
Convenience Store without Gas Station 262 237
Convention Center 122 112
Courthouse 94 84
Data Center Note i Note i
Distribution Center 60 54
Drinking Water Treatment & Distribution 147 131
Enclosed Mall 130 119
Energy/Power Station 147 131
Fast Food Restaurant 264 249
Financial Office 63 56
Fire Station 68 62
Fitness Center/Health Club/Gym 68 61
Food Sales 262 237
Food Service 264 249
Hospital (
Hotel 71 65
Ice/Curling Rink 122 112
Indoor Arena 44 40
53 48
Laboratory 240 215
Library 70 63
Lifestyle Center 106 96
Mailing Center/Post Office 93 83
Medical Office 63 56
Mixed Use Property Note ii Note ii
Movie Theater 102 92
Multifamily Housing (Excluded) 47 43
Museum 77 69
Non-Refrigerated Warehouse 40 36
-16- Ordinance Defeated on First Reading December 2, 2025.
Property Type Interim Site EUI Final Site EUI
-17- Ordinance Defeated on First Reading December 2, 2025.
Property Type Interim Site EUI Final Site EUI
i. Data Centers.
energy usage. The installation of a sub-meter to provide an accurate measure of data center energy data is strongly
encouraged and considered a best practice. Energy use from data centers as defined by ENERGY STAR® Portfolio
Manager® may be excluded from whole building data for the purposes of attaining BPS targets.
ii. Mixed Use Property. Mixed Use properties shall report their actual space use types to determine an EUI target
which will be weighted by GFA.
iii. Parking. Using ENERGY STAR® Portfolio Manager® instructions, users with submetered parking may exclude that
energy use and gross floor area from their benchmarking report. If data is not submetered, include the parking square
footage in the benchmarking report and Portfolio Manager will estimate out parking’s energy usage.
Section 12.206. - Building performance standards adjustments.
(a) Adjusted Timeline.
(1) To apply for a timeline adjustment, a covered building owner must submit
an application on a City-approved form requesting an adjusted timeline, including:
a. The specific adjusted timeline needed.
b. Documentation of the need for the adjusted timeline.
c. The covered building owner’s plan to achieve the performance
targets within the adjusted timeline.
d. Purchase orders for necessary equipment demonstrating purchase
and delivery dates, and/or any additional documentation supporting the
need for an adjustment, as requested by the City.
(2) Building owners applying for an adjusted timeline must submit their
application at least 30 days before December 31, 2031, for the interim performance
standard, or at least 30 days before December 31, 2035, for the final performance
standard.
a. Building owners will be eligible for an adjustment if they meet one or
more of the following criteria:
1. Covered buildings undergoing a major renovation that does
not align with the interim target dates but that will achieve the final
target.
2. Building owners experiencing significant supply chain or
workforce delays.
3. Building owners who can demonstrate a plan to replace
building heating and cooling systems at end of life where the system
-18- Ordinance Defeated on First Reading December 2, 2025.
end of life occurs after the compliance period but within five (5) years
of the final target.
4. Building owners can demonstrate that the property meets
one or more of the conditions defined as property financial distress
in §12-202.
5. Buildings that require updates to the electrical distribution
infrastructure that cannot be completed in time to meet the building
performance standard deadline.
6. Building owners that purchased a covered building within the
twelve (12) month period before a required building performance
standard deadline.
7. Building owners that qualify for a waiver for benchmarking
during the interim and final building performance standard target
years.
8. Building owners who have made a good faith effort to comply
but encountered circumstances that prevented compliance through
no fault of the building owner, as approved by the City Manager.
(3) If the City learns that an adjustment was granted based on materially
inaccurate submissions, then the City may revoke or modify the adjustment.
(b) Adjusted Targets. To apply for a target adjustment, a covered building owner must
submit an application on a City-approved form at least thirty (30) days before December
31, 2031, for the interim performance standard or at least thirty (30) days before
December 31, 2035, for the final performance standard requesting an adjusted target,
including:
(1) A third-party data verification for the previous year of benchmarking
data.
(2) An energy audit completed by an approved energy auditor
demonstrating improvement pathways.
a. The audit report must include the achievable weather-
normalized site EUI for the building, based on the results and
recommendations of the audit.
b. Energy auditors must be certified by the Association of Energy
Engineers (AEE), ASHRAE, the Energy Management Association,
the Building Performance Institute, or other certification approved by
the City.
-19- Ordinance Defeated on First Reading December 2, 2025.
c. Energy auditors must certify that the results of the energy
audit are accurate and complete.
(3) Narrative detailing the building characteristics (e.g., year of
construction, state, City, or federal historical status, etc.) and any functional
variations that qualify for an adjustment with a plan that shall include, at a
minimum:
a. description of the circumstances that prevent the building from
reasonably complying;
b. a physical description of the covered property;
c. an inventory of all major energy using equipment including
their age, efficiency, fuel type, designed performance, and capacity
as indicated on the nameplate;
d. recommendations, including engineering calculations, for
proposed performance;
e. a timeline by which proposed improvements will be achieved;
and
The City may request other information from the covered building owner in
order to generate a standard performance adjustment target.
(4) Building owners will be eligible for an adjustment if they meet one or more
of the following criteria:
a. Building owners can demonstrate that the property meets one
or more of the conditions defined as property financial distress in
§12-202.
b. Building owners whose buildings have inherent and unique
characteristics of the physical building that make the weather
normalized site EUI target and standard percent reduction
unachievable.
c. Building owners who have made a good faith effort to comply
but encountered circumstances that prevented compliance through
no fault of the building owner, as approved by the City Manager.
(5) If the City learns that an adjustment was granted based on materially
inaccurate submissions, then the City may revoke or modify the adjustment.
-20- Ordinance Defeated on First Reading December 2, 2025.
(6) The City Manager's determination regarding applicability of an adjustment
under this section shall be final; no further administrative review or appeal to the
City shall be available to an owner aggrieved by such determination.
Sec. 12-207. - Building benchmarking and building performance standards annual
waivers.
(a) Each year, building owners may apply to the City Manager for a one-year waiver
from the benchmarking reporting and/or building performance standards if a building will
not meet its targets under §12-205. In order to apply for this waiver condition, the building
owner must submit an application at least thirty (30) days before the benchmarking
deadline of June 1 and thirty at least thirty (30) days before December 31, 2031, for the
interim performance standard and at least thirty (30) days before December 31, 2035, for
the final performance standard. The City Manager, or their delegate will review and render
a decision on any application for waivers from the requirements of this Article. Building
owners’ will be eligible for a waiver if they meet one or more 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) A demolition permit was issued or demolition is scheduled that will prevent
achievement of the targets;
(3) The covered building did not have a certificate of occupancy or temporary
certificate of occupancy for all twelve months of the year prior to the building
performance standard target year or benchmarking compliance year;
(4) The building owners of the property can demonstrate that the property
meets one or more of the conditions defined as property financial distress in §12-
202;
(5) 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 any requirements under this Article would cause
undue hardship or would not be in the public interest.
(b) If a building owner receives a one-year benchmarking waiver approval, it does not
exempt them from the building performance standard requirements.
(c) Any owner requesting a waiver shall provide the City any and all documentation
requested to substantiate the request or otherwise assist the City in the waiver
determination.
-21- Ordinance Defeated on First Reading December 2, 2025.
(d) If the City learns that a waiver was granted based on materially inaccurate
submissions, then the City may revoke or modify the waiver.
(e) The City Manager's determination regarding applicability of a waiver under this
section shall be final; no further administrative review or appeal to the City shall be
available to an owner aggrieved by such determination.
Sec. 12-208. - Records retention.
(a) Owners are required to submit accurate and complete data as defined in this
Article and ENERGY STAR® Portfolio Manager® or from other City-approved
benchmarking guidance.
(b) Owners shall maintain the following records for a period of at least seven years,
and shall make such records available for inspection during business hours upon
reasonable notice from the City:
(1) Account data from City-approved benchmarking tool.
(2) Proof of tenant data requests for energy or space use attribute data from
any separately metered tenants.
(3) Any back-up information substantiating the energy and space use attribute
information entered into the ENERGY STAR® Portfolio Manager® or City-approved
benchmarking tool.
(4) Demonstration of compliance with the chosen Building Performance
Standards compliance pathway for Building Performance Standards covered
buildings, including results from the ENERGY STAR® Portfolio Manager® or City-
approved benchmarking tool.
(5) Any waiver or adjustment submissions regarding compliance status.
(6) Records of any upgrades made to comply with the building performance
standards requirements (e.g., receipts, invoices).
(c) Any building owner who fails, neglects or refuses to submit accurate and complete
data as required by this Article is subject to enforcement under § 12-210 of this
Code.
Sec. 12-209. - Implementation.
The City Manager may adopt such other rules and regulations concerning the
benchmarking and building performance standards requirements as may be necessary
to implement the provisions of this Article not in conflict with such provisions. Any adopted
rules and regulations shall be clearly stated and shall become effective upon the filing of
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such regulations with the office of the City Clerk and the posting of a notice of the adoption
of the regulations on the City’s website. Such notice shall include the effective date of the
regulations, and notice that the full text of the regulations is on file in the office of the City
Clerk.
Sec. 12-210. - Violations and penalties.
(a) Any building owner who violates §12-203 commits a civil infraction and is subject
to the penalty provisions of §1-15(f) of the Code. Failure to comply with benchmarking in
§12-203 in any calendar year shall constitute a single violation in that calendar year.
(b) Any building owner who fails to comply with meeting the applicable interim or final
site EUI target or standard percent reduction in §12-204 and §12-205 shall,
severally and for each and every violation in noncompliance respectively, be liable for a
civil infraction and subject to a civil penalty in the amount of up to seventy cents
($0.70) for each required kBtu reduction that the building owner fails to achieve.
(c) For the purposes of this Article, §12-204 and §12-205, each active violation and
every calendar quarter during which the violation continues shall constitute a separate
violation.
(d) Unpaid fines may result in a lien on the property and shall continue at all
times against the property until the amount is fully paid.
(e) Notwithstanding the citation service requirements otherwise set forth in §19-65 of
the Code, citations for violations of this section will be deemed properly served when sent
to the covered building owner or other responsible party by first-class mail at the last
known address of said party, as reflected in the records of the City, County, or State. A
copy of the citation may also be posted in a conspicuous place on the covered building.
Sec. 12-211. - Evaluation.
The City Manager shall present an annual report to the City Council each year evaluating
the building Benchmarking Program output and outcomes and additional information on
building Performance Standards as available.
Secs. 12-212—12-219. - Reserved.
-23- Ordinance Defeated on First Reading December 2, 2025.
Introduced, considered favorably on first reading on December 2, 2025, and
approved on second reading for final passage on December 16, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 26, 2025
Approving Attorney: Yvette Lewis-Molock
Exhibit: None