Articles

Client Alert: DC BEPS Update

Date: December 29, 2022
As of 2021, all Buildings in DC over 25,000 square feet are required to track their energy and water efficiency to determine if they meet the Building Energy and Performance Standards (“BEPS”).  Buildings must submit a report with these numbers by April 1 each year.  If the building does not meet BEPS, the building must select an alternative compliance pathway by April 1, 2023.  In 2024, all Buildings in DC over 10,000 square feet will be required to track their energy and water efficiency. 
 
Our recommendations include: (1) accounting for these costs when planning the association’s budget and (2) beginning the process as soon as possible.
DC Building Energy and Performance Standards (“BEPS”)
 
Title III of the CleanEnergy DC Omnibus Amendment Act of 2018 created the Building Energy Performance Standards (BEPS) Program. The BEPS requires large buildings to annually track their energy and water efficiency and report the results to DOEE for public disclosure. BEPS sets a minimum threshold for energy performance for existing buildings.
 
  • Private Buildings larger than 50,000 square feet were required to start benchmarking during CY 2013.
  • Private Buildings larger than 25,000 square feet were required to start benchmarking during CY 2021.
  • All Private Buildings over 10,000 square feet are required to start benchmarking during CY 2024.
  • DOEE allows exemptions under certain circumstances for example unoccupied building, national security, or new construction
 
Buildings must submit a benchmarking report each year by April 1.  Benchmarking reports depends on what type of building you are reporting. The Portfolio Manager Data Collection Worksheet lists all the information you must collect for your specific property type(s). 
 
DC uses the US EPA’s EnergyStar Portfolio Manager benchmarking tool.  After you finish the Portfolio Manager entries, you’ll be given an EnergyStar score or, if an EnergyStar score is not available, a Weather Normalized Site energy use intensity (EUI).  EnergyStar scores range from 1-100 and quantify a building’s energy performance relative to similar buildings nationwide.
 
For buildings that can receive an ENERGY STAR score, a building will not meet the BEPS standards if, based on its 2019 energy benchmarking data, its score is less than the ENERGY STAR score standard listed for their property type.
 
Buildings that do not meet the BEPS will must select a compliance pathway no later than April 1, 2023.

Alternative Compliance Pathways can be: (1) deep energy retrofits, (2) new construction or change in property type, (3) adjusted baseline, or (4) custom plan that will address building specific barriers or inequities.  

Compliance with a Pathway means you must meet two standards: (1) energy performance requirements and (2) reporting/verification requirements.  A building may apply to change the pathway by submitting a Pathway Change Application including an explanation of why the building is seeking the change.
 
Buildings can check their past performance on: www.energybenchmarkingdc.org

Buildings can check if they meet BEPS on: www.opendata.dc.gov

You can check DC’s Sustainability Plans on: www.sustainable.dc.gov
 
Hub Resources:  
DOEE Resources:
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.