The Clean and Affordable Energy Act requires owners of large buildings to annually report energy and water usage data to the District Department of the Environment (DDOE). The DDOE will make this information public so that building owners and potential buyers can see how their buildings perform.

Energy benchmarking is one of many energy initiatives created by the District Department of the Environment. As part of the Clean and Affordable Energy Act, energy benchmarking was implemented to gather information about energy efficiency in the built environment. Without meaningful comparisons, it is very difficult to know whether or not a building is operating efficiently. This collection of data will allow property owners to quickly see how efficient their buildings are so that they can make the appropriate retrofits or operational adjustments. By continuing to benchmark energy, the District of Columbia will be able to monitor efficiency improvements moving forward and will set an excellent example for other cities that are looking to go green.

The Clean and Affordable Energy Act impacts you if you own a building that is larger than 25,000 square feet. This ordinance includes multifamily residential buildings over 25,000 square feet as well as all District government buildings over 10,000 square feet.

Your building may qualify for an exemption if you meet any of the following:

• Unoccupied: A building may apply for an “unoccupied” exemption if on average less than one full-time-equivalent employee or occupant (less than 40 person-hours per week/2080 person-hours per year) worked or resided in the building, exclusive of security guards, janitors, construction workers, landscapers, and other maintenance personnel during the year being reported. (20 DCMR 3511.2(d))

• National Security: If you believe the disclosure of the energy use of the building would be harmful to the public interest and national security, you may apply for an exemption from reporting or public disclosure. (20 DCMR 3511.2(b))

• New Construction: If your building received its Temporary or Permanent Certificate of Occupancy in the year being reported then reporting will commence once a full calendar year of utility data can be collected. (20 DCMR 3514.3(a))

• Demolition: If your building was demolished in the year being reported, then reporting is not required, as the building no longer exists. (20 DCMR 3513.1)

• Under the threshold: If your building is smaller than 25,000 gross square feet, then it is not currently required to benchmark unless it shares energy use with other buildings. (20 DCMR 3513.1)

Building owners are required to submit their previous year’s energy and water usage reports by April 1 of each year.

2024 UPDATE: DOEE is granting certain affected building owners with an extension to the April 1, 2024, benchmarking report deadline due to ongoing issues with the release of Pepco data via the Energy Usage Data System (EUDS). These affected buildings will have until July 1, 2024, to submit the calendar year 2023 benchmarking report with third-party verification for the building.

All energy utilities including electricity, natural gas, district energy, and any other purchased fuel type used to operate your building.

Water is another utility that is required for reporting.

Benchmarking: Failure to comply with the energy benchmarking ordinance by the April 1 deadline will result in a fine. Non-residential tenants are required to provide the necessary energy and water information to the building owner. If the tenant does not provide this information, or if the building owner does not report this information by the April 1 deadline, then either the tenant or the owner can be fined up to $100/day of noncompliance.

Building Performance Standards: Maximum penalty for buildings at ten dollars ($10) per each square foot of gross floor area. The building gross square footage is based on the ENERGY STAR Portfolio Manager® calculation as reported on the building’s most recent District Benchmark Results and Compliance Report. The maximum penalty for a building shall be no greater than seven million five hundred thousand dollars ($7,500,000). For College/University Campuses and Hospital Campuses there is a single maximum penalty amount of $7,500,000.

Building owners must report their energy usage data to EPA’s Portfolio Manager, a reporting tool that allows building owners to compare their building’s energy efficiency with similar buildings.

However:

• Touchstone IQ for Buildings is a fast, easy-to-use tool that integrates directly with EPA’s Portfolio Manager

• Touchstone IQ also offers expert-led benchmarking to building owners and managers looking for streamlined compliance and cost-saving recommendations

Many benchmarking ordinances require a Building ID as part of the report submission process. If needed, you may be able to find your Building ID number here.

• Washington DC Building Energy Performance

• Washington DC’s Clean and Affordable Energy Act

• Washington DC Building Energy Performance Standards

• Washington DC Building Energy Performance Standards Compliance Guidebook

Third-Party Data Verification How-To

Touchstone IQ for Buildings offers expert-led benchmarking and easy DIY tools for Washington DC’s large properties. Simplify energy benchmarking compliance while gaining the tools to save money and build your energy intelligence with our exclusive software platform. Gain access to the nation's leading energy experts to ensure significant improvements in your energy usage for your commercial, multifamily, or public building. Our team has partnered with entities of all sizes to reduce their carbon footprint, reach ambitious targets, and comply with new regulations. Whether you're looking for comprehensive, step-by-step guidance to craft your energy management plan or a convenient, intuitive benchmarking solution, we've got you covered. Schedule your free personalized demo today or contact us for pricing or questions.