HomeMy WebLinkAboutOrdinance No. 2019-10 Amending Chapt 20 Large Building BenchmarksORDINANCE NO. 2019-10
AN ORDINANCE AMENDING CHAPTER 20 OF THE EDINA CITY CODE
CONCERNING LARGE BUILDING BENCHMARKING
THE CITY OF EDINA ORDAINS:
Section 1. Chapter 20 of the Edina City Code is amended by adding Article XI to provide as
follows:
ARTICLE XI EFFICIENT BUILDING BENCHMARKING
20-625 Definitions. The following words shall have the meaning ascribed to them, unless the
context clearly indicates a different meaning:
Benchmark means to input the total energy consumed for a building and other descriptive
information for such building as required by the benchmarking tool.
Benchmarking information means information related to a building's energy consumption as
generated by the benchmarking tool, and descriptive information about the physical building and
its operational characteristics. The information shall include, but need not be limited to:
(1) Building address;
(2) Energy use intensity (EUI);
(3) Annual greenhouse gas emissions;
(4) The energy performance score that compares the energy use of the building to that
of similar properties, where available.
Benchmarking tool means the United States Environmental Protection Agency's Energy Star
Portfolio Manager Tool or an equivalent tool adopted by the Director.
Property owner means an individual or entity possessing title to a building, or an agent authorized
to act on behalf of the property owner.
City-owned building means any building, or group of buildings on the same tax lot, owned by the
City of Edina containing twenty-five thousand (25,000) or more gross square feet of an occupancy
use other than industrial.
Covered property means any property of occupancy uses other than industrial that has one or more
buildings containing in sum the gross square feet shall be classified in the following classes:
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Class Property Size (in square feet)
1 100,000 and greater
2 50,000-99,999
3 25,000 - 49,999
The term "covered property" shall not include any building owned by the county, state, or federal
government or other recognized political subdivision as there is no jurisdiction over these
buildings.
Director means the individual appointed by the City Manager.
Energy means electricity, natural gas, steam, heating oil, or other product sold by a utility 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.
Energy-saving assessment means a systematic process of identifying and developing modifications
and improvements of the base building systems, including but not limited to alterations of such
systems and the installation of new equipment, insulation or other generally recognized energy
and water efficiency technologies to optimize energy and water use performance of the building
and achieve energy and water savings, provided that such process shall be at least as stringent as
or comparable to the Level I Energy Survey and Engineering Analysis of the most recent edition
of Procedures for Commercial Building Energy Audits published by the American Society of
Heating, Refrigerating and Air-conditioning Engineers Inc. (ASHRAE) or as otherwise
determined by the Director and such process for water systems shall be as determined by the
Director.
Energy performance score means the numeric rating generated by the Energy Star Portfolio
Manager tool or equivalent tool adopted by the Director that compares the energy usage of the
building to that of similar buildings.
Energy Star Portfolio Manager means the tool developed and maintained by the United States
Environmental Protection Agency to track and assess the relative energy performance of buildings
nationwide.
Industrial means manufacturing, compounding, processing, packaging, treatment and assembly of
products and materials.
Tenant means a person or entity occupying or holding possession of a building or premises
pursuant to a rental agreement.
Utility means an entity that distributes and sells natural gas, electric, or thermal energy services
for buildings.
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20-626 Benchmarking required for city-owned properties. No later than August first, 2019, and no
later than every June first thereafter, each city-owned building shall be benchmarked for the
previous calendar year.
20-627 Benchmarking required for covered properties. Property owners shall annually benchmark
for the previous calendar year each covered property and obtain an energy performance score as
available according to the following schedule:
a. All Class 1 and Class 2 covered properties by June first, 2020 and by every June first
thereafter;
b. All Class 3 covered properties by June first, 2021 and by every June first thereafter;
20-628 Disclosure and publication of benchmarking information. The property owner shall
annually provide benchmarking information to the Director, in such form as established by the
Director's rule, by the date provided by the schedule in subsections 20-627.
20-629 The Director shall make readily available to the public, and update annually, benchmarking
information for the previous calendar year according to the following schedule:
a. Each city-owned property by August 30, 2020 and by every August 30th thereafter;
b. Each Class 1 and Class 2 covered property by August 30, 2021 and by every August
30th thereafter;
c. Each Class 3 covered property by August 30, 2022 and by every August 30th
thereafter;
20-630 The Director shall make available to the public, and update at least annually, the following
information about city-owned properties and covered properties:
a. Summary statistics on energy consumption derived from aggregation of bench
marking information for properties;
b. Summary statistics on overall compliance with this section;
c. For each property:
1. The status of compliance with the requirements of this chapter;
2. Annual summary statistics for the property, including energy use intensity,
annual greenhouse gas emissions, and an energy performance score where
available;
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20-631 Energy assessment requirement. Covered properties with energy and water efficiency
improvement potential shall submit proof of an energy assessment having been performed
according to the schedule (1) below. The assessment must have been performed within the last
five (5) years and must include recommendations for energy and water savings opportunities.
Qualifying proof that an evaluation has been performed shall be established by rules set at
discretion by the Director. The Director shall also establish energy standards in the rules that define
buildings requiring an assessment. Properties shall submit proof of energy assessment according
to the following schedule:
a. All Class 1 covered properties by June first, 2022 and by June first every fifth year
thereafter;
b. All Class 2 covered properties by June first, 2023 and by June first every fifth year
thereafter;
c. All Class 3 covered properties by June first, 2024 and by June first every fifth year
thereafter;
20-633 Exemptions. The Director may exempt a property owner from the benchmarking and
energy assessment requirements of subsection (c) if the property owner submits documentation
establishing any of the following:
a. The property is presently experiencing qualifying financial distress in that the
property is the subject of a qualified tax lien sale or public auction due to property
tax arrearages, the property is controlled by a court-appointed receiver based on
financial distress, the property is owned by a financial institution through default
by the borrower, the property has been acquired by a deed in lieu of foreclosure,
or the property has a senior mortgage which is subject to a notice of default; or
b. The property or areas of the property subject to the requirements of this section
have been less than fifty (50) percent occupied during the calendar year for which
benchmarking is required; or
c. The property does not have a certificate of occupancy or temporary certificate of
occupancy for all twelve (12) months of the calendar year for benchmarking is
required.
20-634 Where aggregate data is not available, tenants located in a covered property subject to this
chapter shall, within thirty (30) days of a request by the property owner and in a form to be
approved by the Director, provide all information that cannot otherwise be acquired by the property
owner and that is needed by the property owner to comply with the requirements of this section.
20-634 Violations. It shall be unlawful for any entity or person to fail to comply with the
requirements of this section or to misrepresent any material fact in a document required to be
prepared or disclosed by this section.
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CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify
that the attached and foregoing Ordinance was duly adopted by the Edina City Council at its
Regular Meeting of , 2019, and as recorded in the Minutes of said Regular
Meeting.
WITNESS my hand and seal of said City this day of , 2019.
City Clerk
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on, City Clerk Ja Mayor
I IN Sir-AVkiNtS
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20-635 Enforcement. The Director shall enforce the provisions of this section. If it is determined
that a property owner or any person subject to the provisions of this section fails to meet any
requirement of this section, the Director shall mail a warning notice to the property owner or
person. The notice shall specify the reasons why the property owner or person fails to meet the
requirements set forth in this section. The notice shall indicate that the person has forty-five (45)
business days to comply with the applicable requirement. If any property owner or person who
fails, omits, neglects, or refuses to comply with the provisions of this section after the period of
compliance provided for in the required warning notice the City shaly have cause for the denial,
suspension, revocation or refusal to issue any applicable business license held by the property
owner or person. This section may also be enforced by injunction, abatement, mandamus, or any
other appropriate remedy in any court of competent jurisdiction.
Section 2. This ordinance is effective immediately upon its passage and publication.
First Reading: May 21, 2019
Second Reading: June 4, 2019
Published:
Please publish in the Edina Sun Current on:
Send two affidavits of publication
Bill to Edina City Clerk
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