Your Comprehensive Guide to the DC Energy Benchmarking Program (EBP)
Introduction
The Energy Benchmarking Program (EBP) requires that DC buildings conduct, verify, and report an annual energy benchmark score or face daily fines up to $100. As DC-based experts in energy engineering, CEG helps DC building owners benchmark their energy consumption to comply with the EBP (please contact our engineering team to learn more).
While this post focuses on the EBP, we have written a similar piece on the DC Building Energy Performance Standards (BEPS) and another on how CEG can guarantee BEPS compliance.
Does my building have to conduct energy benchmarking?
Based on the most recent ruling updates, DC buildings that are greater than 25,000 square feet must conduct energy benchmarking starting in 2022. Note that this is a lower threshold than the BEPS (50,000 square feet) — likely so that the DOEE can record buildings’ benchmarks to prepare for BEPS compliance periods. The annual reporting deadline is April 1st of each year for the previous year’s energy consumption. So, for the April 1, 2022 deadline, buildings greater than 25,000 square feet must report their benchmarks using their 2021 data.
How do I benchmark my building’s energy consumption?
If your building is above 25,000 square feet, then you (or your designated building owner) will have to measure the annual energy performance of your building using the US EPA’s EnergyStar Portfolio Manager benchmarking tool. The Portfolio Manager asks for several pieces of information, including energy and water utility information, complete whole-building utility data, and values for property use. 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. A score of 90 means your building is more efficient than 90% of similar buildings and a score of 50 means your building meets a median level of efficiency.
How do I verify my benchmarks?
To ensure accuracy and compliance, your building’s benchmark reports will have to be verified by a third party every three years. The third-party verifier must be an “Approved District Data Verifier”, which is any individual that possesses one of the following licenses:
Professional Engineer (PE)
Licensed Architect
Certified Energy Manager (CEM)
Building Energy Assessment Professional
Any other data verifier license recognized by the DOEE and posted to its website
In the event of a building ownership transfer during a benchmarking year, the former owner will have sixty days (after the transfer) to provide complete and accurate benchmarking information to the new owner.
Exemptions
The DOEE allows exemptions from the EBP under certain circumstances. Several major circumstances that may warrant exemption are as follows:
Unoccupied building: A building may apply for the “unoccupied exemption” if on average less than one full-time employee or occupant (i.e. less than 40 person-hours per week or 2080 person-hours per year) worked or resided in the building.
National security: If you believe that the disclosure of your energy benchmarking information would harm national security or public interests, then you may apply for an exemption under this rationale.
New construction: If your building received its Temporary or Permanent Certificate of Occupancy in the current reporting cycle for the EBP, then reporting will commence once a full calendar year of utility data can be collected.
All exemption applications will be decided upon by the DOEE and it is the responsibility of the building owner or representative to apply for exemption in a timely manner.
Penalties for non-compliant benchmarks
There are four possible infractions for the EBP:
Failure to submit accurate and complete benchmarking information
Failure to submit a benchmark report at all
Failure of a former building owner to submit accurate and complete benchmarking information
Failure of a non-residential tenant to submit complete and accurate information to the building owner for benchmarking purposes
If you commit any of these infractions, then the DOEE will issue a penalty of no more than $100 for each calendar day that the required submission has not been made.
The Benchmarking System is used to Determine Whether Your Building Meets the BEPS
The BEPS and EBP are directly tied together, as the EBP is used to determine whether you are compliant with the BEPS, which can carry fines of up to $15 million. If your building does not meet the BEPS, then the EBP is used to track your yearly progress towards your chosen compliance pathway. For instance, if your building is on a compliance pathway starting in January 1, 2027, then the DOEE will use your 2025-2026 benchmarking data as your baseline and your 2032 benchmarking data to determine whether you have achieved your compliance pathway. Under the BEPS program, building owners are required to meet increasing levels of energy efficiency every five years or face fines. For more information, see our piece on the BEPS.
Conclusion
The EBP program requires building owners to report energy benchmarks annually or face steep fines.
The key to avoiding these DOEE audits and fines is to track and report your building’s energy consumption and employ a third party expert to review your scores at least every three years.
CEG provides turnkey benchmarking compliance to simplify your operations and uncover energy savings. Beyond compliance, our team will provide actionable energy insights that will improve your net operating income (NOI). To avoid the hassle of EBP compliance and have a third-party expert regularly review your operations to uncover savings, contact our engineering team today.
