HOW TO BECOME EXEMPT FROM AUDITS AND RETROCOMMISIONING IN SAN JOSE

Published on February 2, 2023 by Charles Orr to

BEYOND BENCHMARKING – without audits or retro-commissioning

An Owner CAN establish a Property's satisfactory Energy and Water efficiency without the expense of Energy and Water Audits or Retro-Commissioning by:

  1. Providing a Performance Verification Report, or
  2. Completing Energy and Water Efficiency Improvement Measures and providing verification of such

Submitting a Performance Verification Report

An Owner may establish satisfactory Energy and water efficiency by providing a Performance Verification Report to the Department in such a form as required by the Director of the Department that demonstrates the following:

  1. The Property is new and has been occupied for less than five (5) years from its first compliance due date, based on its Temporary Certificate of Occupancy or Certificate of Occupancy; or
  2. The Property has achieved one (1) or more of the Energy standards and one (1) or more of the water standards as set forth below for at least two (2) of the three (3) calendar years preceding the Property's compliance due date

The Energy Standards:
A California licensed engineer or architect, Qualified Auditor, or Retro-Commissioning Professional certified one (1) of the following:

  • The Property has a current Leadership in Energy and Environmental Design (LEED™) Existing Buildings Operations and Maintenance, or
  • The Property has received an ENERGY STAR® Score of 75 or greater from the US EPA;
  • The Property has Improved its ENERGY STAR® Score by fifteen (15) points or more relative to its performance during the baseline year; or
  • The Property has a weather-normalized site Energy Use Intensity (EUI) as calculated by the Benchmarking Tool that is twenty-five percent (25%) below the calculated mean for that property type; or
  • The Property has reduced its weather-normalized site Energy Use Intensity by at least fifteen percent (15%) relative to its performance during the baseline year.

The Water Standards:

A California licensed engineer or architect, or Qualified Auditor or Retro-Commissioning Professional certified one (1) of the following:

  1. The building has received a US EPA Water Score of 75 from the US EPA;
  2. The Property has improved its US EPA Water Score by fifteen (15) points or more relative to its performance during the baseline year;
  3. The Property has a Water Use Intensity as calculated by the Benchmarking Tool that is twenty-five percent (25%) below the locally calculated mean for that property type; or
  4. The Property has reduced its Water Use Intensity by at least fifteen percent (15%) relative to its performance during the baseline year.


IF YOU DON'T MEET THE ABOVE "STANDARDS" AND THE PROPERTY DOES NOT HAVE CENTRAL AIR CONDITIONING, YOU MAY AVOID AUDIT OR RETROCOMMISSIONING EXPENSES BY ADOPTING EFFICIENCY IMPROVEMENT MEASURES.

Energy Efficiency Improvement Measures that Qualify

  1. Installation of common area and exterior lighting fixtures in accordance with California Building Standards Code (California Code of Regulations, Title 24) requirements in effect at the time of the compliance cycle;
  2. Installation of domestic hot water heater in accordance with California Building Standards Code (California Code of Regulations, Title 24) requirements in effect at the time of the compliance cycle;
  3. Replacement of all refrigerators on the Property to ENERGY STAR® Certified models;
  4. Replacement of all gas stoves on the Property with electric induction stoves;
  5. Replacement of all gas water heaters on the Property with electric heat pumps or tankless water heaters;
  6. Installation of a smart thermostat;
  7. Installation of a solar thermal heating/cooling system;
  8. Enrollment in a Department-approved utility demand response program;
  9. Installation of insulation on all hot water pipes in accessible Property locations; or
  10. Participation in a Department-approved Energy utility retrofit program (e.g., taking advantage of rebate or incentive programs for upgrades).

Water Efficiency Improvement Measures that Qualify

  1. Installation of plumbing such that all systems on the Property are in compliance with California Building Standards Code (California Code of Regulations, Title 24) requirements in effect at the time of the compliance cycle;
  2. Installation of outdoor landscaping and irrigation such that all systems on the Property are in compliance with San José Municipal Code Chapter 15.11, Water Efficient Landscape Standards for New and Rehabilitated Landscaping in effect at the time of the compliance cycle;
  3. Installation of a greywater system in accordance with California Code of Regulations, Title 24, Sections 1502.6, 1502.10.3, or as amended;
  4. Installation of insulation on all hot water pipes in accessible Property locations; or
  5. Participation in approved water utility retrofit program (e.g., taking advantage of rebate or incentive programs for upgrades)

The above improvements shall be documented by an Efficiency Improvement Measures Report

To inquire as to whether your property may be exempt, call Pegasus at 408-539-0075 and talk to Chuck.