Published on March 14, 2022 by Charles Orr to in San Jose BPO

This is an attempt to condense 7 pages of the ordinance into 1 page plus the implementation schedule. Click here for the complete Beyond Benchmarking ordinance. See Section 2 page 15.

Beyond Benchmarking

Starting in 2023, building owners will be required to meet key Performance Standards for both energy and water usage. The Performance Standard requires the property to be Highly Efficient or to Demonstrate Increased Efficiency. If the property is unable to meet the Performance Standards, the owner can perform an audit, retro-commissioning, or efficiency upgrade to improve performance.

The Performance Standards can be met by achieving one or more of the Energy standards and one or more of the Water standards shown below for at least 2 of the 3 calendar due dates preceding the properties compliance due date.

For Energy:

  1. The Property has received an ENERGY STAR score of 75 or greater from the US EPA, or
  2. The Property has improved its ENERGY STAR score by 15 points or more relative to its performance during the baseline year, or
  3. The Property has a weather normalized Site Energy Use Intensity (EUI), as calculated by the benchmarking tool (Portfolio Manager) that is 25% below the calculated mean for that property type, or
  4. The Property has reduced its weather normalized site ENERGY Use Intensity (EUI) by at least 15% relative to its performance during the baseline year

For Water:

  1. The building received a US EPW Water Score of 75 from the EPA
  2. The property has improved its US EPA Water score by 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 25% below the locally calculated mean for that property, or
  4. The property has reduces its Water Use Intensity by at least 15% relative to its performance during the baseline year

If the property has achieved the Energy or Water Performance Standard, the Owner is required to submit a Performance Verification Report for Energy or Water for that reporting year.

If the property does not meet the standard for Energy or Water, the property must comply with the ordinance by

Buildings with central air conditioning: Completing 1. Audit or 2.Retro-commissioning

Buildings without central cooling: Completing 1. Audit or 2.Retro-commissioning or 3. Adopt Energy Efficiency Improvements

completing 1 of 3 improvement pathways. The improvement pathways are:

  1. Conduct a Level II Audit
  2. Conduct Retro-commissioning, or
  3. Adopt Energy Efficiency Improvements, which include
    1. Installation of common area and exterior lighting fixtures in accordance with Title 24
    2. Installation of a domestic hot water heater in accordance with Title 24
    3. Replace existing refrigerators with ENERGY STAR certified models
    4. Replace existing gas stoves with electric induction models
    5. Replace gas water heaters with electric pump or tankless water heaters
    6. Install smart thermostats
    7. Install a solar thermal heating/cooling system
    8. Enroll in approved utility demand response system
    9. Insulate all hot water pipes
    10. Participate in an approved energy utility retrofit program
  4. Adopt Water Efficiency Measures, which include:
    1. Installation of plumbing that meets Title 24 standards
    2. Installation of outdoor landscaping and irrigation in compliance with SJ Municipal Code
    3. Installation of a greywater system in accordance with Title 24
    4. Installation of insulation on all accessible hot pipes
    5. Participate in approved water utility retrofit program

Any application for an EXEMPTION to this ordinance must be submitted by April 1.

SAN JOSE AUDIT SCHEDULE

Schedule for Performance, Audit, Retro-Commissioning, or Efficiency Improvement Measures Report Compliance.

Compliance with Part 4 shall be due once every five (5) years, as set forth below based on the last number of the Santa Clara County Tax Assessor's Parcel Number for each Property subject to this Chapter under Section 17.85.120.

Properties ≥ 50,000 square feet

Last digit of APN

First compliance due date

Subsequent compliance due dates

0

1-May-23

Every five years thereafter

1

1-May-23

Every five years thereafter

2

1-May-24

Every five years thereafter

3

1-May-24

Every five years thereafter

4

1-May-25

Every five years thereafter

5

1-May-25

Every five years thereafter

6

1-May-26

Every five years thereafter

7

1-May-26

Every five years thereafter

8

1-May-27

Every five years thereafter

9

1-May-27

Every five years thereafter

Properties 20,000 square feet—49,999 square feet

Last digit of APN

First compliance due date

Subsequent compliance due dates

0

1-May-24

Every five years thereafter

1

1-May-24

Every five years thereafter

2

1-May-25

Every five years thereafter

3

1-May-25

Every five years thereafter

4

1-May-26

Every five years thereafter

5

1-May-26

Every five years thereafter

6

1-May-27

Every five years thereafter

7

1-May-27

Every five years thereafter

8

1-May-28

Every five years thereafter

9

1-May-28

Every five years thereafter