Sec. 381. Definitions
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/bill/117/hr/1512/ih/section-381·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of this subtitle: The term Administrator means the Administrator of the Environmental Protection Agency. The term anonymized data means data that does not reveal names, addresses, or any other information that would identify an individual or business. The term condominium means a property that combines separate ownership of individual units with common ownership of other elements, such as common areas. The term covered property means any of the following properties that exceeds 50,000 square feet in gross floor area:
A single building. One or more buildings held in the condominium form of ownership, and governed by a single board of managers. A campus of two or more buildings which are owned and operated by the same party and are— behind a common utility meter, or served by a common mechanical or electrical system (such as a chilled water loop), which would prevent the owner from being able to easily determine the energy use attributable to each of the individual buildings; or used primarily as— an elementary or secondary school; a hospital; a hotel; multifamily housing; or a senior care community.
The term covered property does not include any of the following: Single family, duplex, triplex, and fourplex residential homes and related accessory structures, or any other residential building with less than 5 units. Properties classified as manufacturing per designated Standard Industrial Classification
(SIC)codes 20 through 39. Other building types not meeting the purpose of the initiative, as determined by the Administrator. The term Energy Star score means the 1–100 numeric rating generated by the Energy Star Portfolio Manager tool as a measurement of a building’s energy efficiency. The term Energy Star Portfolio Manager means the tool developed and maintained by the Administrator to track and assess the relative energy performance of buildings. The term financial hardship means, with respect to a property, that the property— had arrears of property taxes or water or wastewater charges that resulted in the property’s inclusion, within the prior two years, on an annual tax lien sale list; has a court appointed receiver in control of the asset due to financial distress; is owned by a financial institution through default by the borrower; has been acquired by a deed in lieu of foreclosure; or has a senior mortgage subject to a notice of default. The term gross floor area means the total property area, measured between the outside surface of the exterior walls of the building. This includes all areas inside the building including lobbies, tenant areas, common areas, meeting rooms, break rooms, atriums (count the base level only), restrooms, elevator shafts, stairwells, mechanical equipment areas, basements, and storage rooms. The term initiative means the benchmarking and transparency initiative for commercial and multifamily properties developed and carried out pursuant to section 382. The term owner means any of the following: An individual or entity possessing title to a property. In the case of a condominium, the board of the owners’ association. The master association, in the case of a condominium where the powers of an owners’ association are exercised by or delegated to a master association. The board of directors, in the case of a cooperative apartment corporation. An agent authorized to act on behalf of any of the above. The term State means each of the several States, the District of Columbia, each territory or possession of the United States, and the governing body of each federally recognized Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. The term Secretary means the Secretary of Energy.