HomeMy WebLinkAboutOrdinance No. 2024-13 Amending Chapter 20 of Edina City Code re Efficient Building BenchmarkingORDINANCE NO. 2024-13
AN ORDINANCE AMENDING CHAPTER 20 OF THE EDINA CITY CODE CONCERNING
EFFICIENT BUILDING BENCHMARKING
The City of Edina Ordains:
Chapter 20 Article XI of the Edina City Code is amended to provide as follows:
Sec. 20-625. - Definitions.
The following words shall have the meaning ascribed to them, unless the context clearly
indicates a different meaning:
Benchmark means to compare the measured energy performance of a building to itself, its
peers, or to industry standards, with the goal of informing and motivating performance
improvement.
Benchmarking information means information related to a building's energy and water
consumption as generated by the benchmarking tool, and descriptive information about the
physical building, its operational characteristics, and energy and water consumption. 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 25,000 - 49.999 or moro 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:
Class Property Size (in square feet)
1- 100,000 and greater
2 50,000-99,999
3 25,000 - 49,999
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.
Gross square footage means total building floor area of all conditioned space calculated from
overall exterior wall dimensions of all below and above grade floors.
Industrial means manufacturing, compounding, processing, packaging, treatment and
assembly of products and materials.
Property owner means an individual or entity possessing title to a building, or an agent
authorized to act on bohalf of the property owner.
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.
Water means supplied, metered potable water for mixed use and irrigation uses.
Sec. 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 in the benchmarking tool. Using
the benchmarking tool's automated data quality assurance functions, the Director will correct
missing or incorrect data with 30 days of notification of the inaccuracy for city-owned buildings.
Sec. 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 in the benchmarking tool. Using
the benchmarking tool's automated data quality assurance functions property owners will
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correct missing or incorrect data with 30 days of notification of the inaccuracy.
Benchmarking will be completed for according to the following schedule:
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firstthereafter;
(2) all Class 3 covered properties by June first, 2021 and by every June first thereafter.
The Director shall notify property owners required to comply with this section by March first
of each year. The failure of the City to provide such notice does not relieve the property
owner from compliance with benchmarking requirements.
Property owners may contact the Director for technical assistance, training or assistance with
using the benchmarking tool or managing benchmarked data.
Sec. 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.
Sec. 20-629. Utility data requirements.
This section incorporates the utility data requirements under Minn. Stat. § 216C.331, subd. 8 for all
utilities responsible for data that may be established, used, or maintained for the benchmarking
program established by this Chapter.
Sec. 20-630. - Data collection and management.
The City shall collect benchmarking information and rank benchmarked properties by their energy
performance score from worst to best energy performance score. The City shall provide each
owner of benchmarked property with a written notice of the property's star ranking and energy
performance score by December first each year.
Sec. 20-629631. - Benchmarking information made available to public.
The Director shall make readily available to the public, and update annually, benchmarking
information for the previous calendar year according to the following schedule:
(1) Each city-owned property by August 30, 2020 and by every August 30a4 December first
thereafter;
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40444 thereafter;
0 Each Class 3 covered property by August 30, 2022 and by every December first
thereafter;
Sec. 20-630632. - Property information made available to public.
The Director shall make available to the public, and update at least annually, the following
information about city-owned properties and covered properties by December first of each
year:
(1) Summary statistics on energy consumption derived from aggregation of bench
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(2)
marking information for properties;
(2) Summary statistics on overall compliance with this section;
(3) For each property:
a. The status of compliance with the requirements of this chapter;
b. Annual summary statistics for the property, including address, total energy use.
energy use intensity, annual greenhouse gas emissions, and an energy
performance score where available, and star ranking based on energy
performance score where available;
c. Disclosure material of the covered property's summary statistics that each
property owner must prominently display for the public at the covered property.
Sec. 20-631633. - 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—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.
following schedule:
(1)
thereafter;
(2)
thereafter;
All Class 3 covered properties by June December first, 2024 and by Juno December first
every fifth year thereafter shall submit proof of an energy assessment.
Sec. 20-632634. - Exemptions.
The Director may exempt a property owner from the benchmarking and energy assessment
requirements of subsection (c) this section if the property owner submits documentation
establishing any of the following:
a) A building's primary use is industrial, measured by square footage dedicated to
industrial use or energy use. If more than 50 percent of square footage is dedicated to
industrial use, or more than 50 percent of building energy use is dedicated to industrial
processes, the building owner may request an exemption. In order to qualify for an
exemption, the property owner must permit the city to complete an inspection of the
property; or
b) 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
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c) The property or areas of the property subject to the requirements of this section have
been less than 50 percent occupied during the calendar year for which benchmarking is
required; or
d) The property does not have a certificate of occupancy or temporary certificate of
occupancy for all 12 months of the calendar year for benchmarking is required; or
(e) The property was issued a demolition permit during the previous calendar year that
remains current: or
(f) The property received no energy services for at least 30 days during the previous
calendar year.
An exemption granted under this section applies only to a single calendar year. A property
owner must reapply to the Director each year an extension is sought.
Sec. 20-633.635. - Data to be provided to property owner.
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
propertyowner and that is needed by the property owner to comply with the requirements of
this section.
A property owner who is selling a covered property must provide the following to the new owner
at the time of sale:
0_1 benchmarking information for the most recent 12-month period, including monthly energy
use by source: or
tl) ownership of the digital property record in the benchmarking tool through an online transfer.
Sec. 20-634636. - 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. In addition to or instead of any criminal penalties available. the City may impose a
$1,000.00 civil penalty pursuant to Minn. Stat. § 216C.331, subd. 16 for such violations.
Sec. 20-635637. - 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 by June 15
each year. 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 property owner has
until July 15 of that same year to bring the covered property into compliance, unless the owner
requests and receives an extension until August 15 of that same year. forty five (45) business
days to comply with the applicable requirement.
If any property owner or person 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 shall have cause for the denial, suspension, revocation or refusal to issue any applicable
business license held by the property owner or person, and may subject the property owner or
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Jame Hovland, Mayor
person to the penalties described in Sec. 20-636. This section may also be enforced by
injunction, abatement, mandamus, or any other appropriate remedy in any court of competent
jurisdiction.
Effective Date : January 1, 2025
First Reading: December 17, 2024
Second Reading: Waived
Published:
girf
,
, City Cler
Please publish in the Edina Sun Current on
Send two affidavits of publication
Bill to Edina City Clerk
Attest
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