NAVIGATING THE EXEMPTIONS TO EBEWE AUDIT & RETROCOMISSION REPORTING

Published on December 13, 2022 by Charles Orr to


FOR ASSISTANCE IN DETERMINING IF YOUR PROPERTY QUALIFIES FOR AN EXEMPTION, CALL PEGASUS AT 415-937-5046 AND TALK TO CHUCK

17.85.410 Performance Path:

Properties which are Highly Efficient or Have Demonstrated Increased Efficiency

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:

A. 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

B. 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 in Part 5

1. Energy Standards: The Property has a current Leadership in Energy and Environmental Design (LEEDTM) Existing Buildings Operations and Maintenance v4 Certification; or a California licensed engineer or architect, or Qualified Auditor or Retro-Commissioning Professional certified at least at least one (1) of the following:

a. The Property has received an ENERGY STAR® Score of 75 or greater from the US EPA; or

b. The Property has improved its ENERGY STAR® Score by fifteen (15) points or more relative to its performance during the baseline year; or

c. The Property has a weather normalized site Energy Use Intensity as calculated by the Benchmarking Tool (EUI) that is twenty-five percent (25%) below the calculated mean for that property type; or

d. 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.

2.Water Standards; A California licensed engineer or architect, or Qualified Auditor or Retro-Commissioning Professional certified at least one (1) of the following:

a. The building has received a US EPA Water Score of 75 from the US EPA;

b. The Property has improved its US EPA Water Score by fifteen (15) points or more relative to its performance during the baseline year;

c. The Property has a Water Use Intensity as calculated by the Benchmarking Tool (WUI) that is twenty-five percent (25%) below the locally calculated mean for that property type; or

d. The Property has reduced its Water Use Intensity by at least fifteen percent (15%) relative to its performance during the baseline year.

If a Property does not meet performance standards set forth in Section 17.85.400 above, an Owner shall meet the requirements of this Chapter through one (1) of three (3) alternative means:

(1) Conducting an Audit;
(2) Performing Retro-Commissioning; or
(3) Adopting Efficiency Improvement Measures.

An Owner of a Property which does not have a central cooling system may comply with the requirements of this Chapter for any unmet standard by demonstrating two (2) of the following corresponding efficiency improvement measures listed below were completed and submitting an Efficiency Improvement Measures Report within the time set forth in Part 5.

1. Energy Efficiency Improvement Measures:

a. 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 (LEDs)

b. 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;

c. Replacement of all refrigerators on the Property to ENERGY STAR® Certified models;

d. Replacement of all gas stoves on the Property to electric induction stoves;

e. Replacement of all gas water heaters on the Property to electric heat pump or tankless water heaters;

f. Installation of a smart thermostat;

g. Installation of a solar thermal heating/cooling system;

h. Enrollment in a Department-approved utility demand response program;

i. Installation of insulation on all hot water pipes in accessible Property locations; or

j. Participation in a Department-approved Energy utility retrofit program (e.g. taken advantage of rebate or incentive programs for upgrades).

2. Water Efficiency Improvement Measures

a. 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;

b. Installation of outdoor landscaping and irrigation such that all systems on the Property are in compliance with San Jose Municipal Code Chapter 15.11, Water Efficient Landscape Standards for New and Rehabilitated Landscaping in effect at the time of the compliance cycle;

c. Installation of a greywater system in accordance with California Code of Regulations, Title 24, Sections 1502.6, 1502.10.3, or as amended; d. Installation of insulation on all hot water pipes in accessible Property locations; or

d. Installation of insulation on all hot water pipes in accessible Property locations; or

e. Participation in approved water utility retrofit program (e.g. taken advantage of rebate or incentive programs for upgrades).

FOR ASSISTANCE IN DETERMINING IF YOUR PROPERTY QUALIFIES FOR AN EXEMPTION, CALL PEGASUS AT 415-937-5046 AND TALK TO CHUCK.