Sec. 383. National benchmarking requirement
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/bill/117/hr/1512/ih/section-383·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In carrying out the initiative, the Administrator shall require each owner of a covered property to submit data annually to the Administrator (hereinafter to be known as a benchmarking submission ) that includes data required under subsection (d). The owner of each covered property shall make a benchmarking submission for the covered property with respect to the previous calendar year not later than— for a residential covered property, May 1, 2025, and each year thereafter; or for a covered property not described in paragraph (1), May 1, 2024, and each year thereafter.
By December 1 of each year prior to a year in which benchmarking submissions are due, the Administrator may publicly post a list of all covered properties that are required provide a benchmarking submission to the Administrator during the following year. Between January 1 and March 1 of each year, for at least the first 3 years during which an owner is required to provide a benchmarking submission, the Administrator shall attempt to notify such owner of such requirement via direct mail, electronically via email, or through a public posting on a website.
Failure of the Administrator to notify an owner of a covered property under this subsection shall not affect the obligation of such owner to make a benchmarking submission. Not later than 6 months after the date of the enactment of this Act, the Administrator shall develop requirements for benchmarking submissions. If the Administrator fails to develop requirements pursuant to subparagraph (A), the owner of each covered property shall make a benchmarking submission in accordance with paragraphs
(2)and (3). The Administrator may periodically update the requirements under this paragraph to increase data transparency for the purposes of reducing energy and water consumption and greenhouse gas emissions of covered properties. The requirements developed under paragraph
(1)shall include a requirement that each benchmarking submission for a covered property include— descriptive information about the covered property, including— the address; the gross floor area; the property type; and the individual or entity responsible for the benchmarking submission; and information about the operational characteristics of the covered property, including— aggregated whole-building data for the covered property’s energy and water consumption, including monthly— energy use, by fuel type; and total water use and, when available, indoor and outdoor water use; the weather-normalized site and source Energy Use Intensity
(EUI)per unit area per year (kBTU per square foot per year) for the covered property; the site and source Energy Use Intensity
(EUI)per unit area per year (kBTU per square foot per year) for the covered property; the annual carbon dioxide equivalent emissions due to energy use for the covered property, as estimated by the Energy Star Portfolio Manager, where available; the Energy Star score, where available; the Energy Star Water Score, where available; and the number of years the covered property has been Energy Star certified and the last approval date, if applicable. Before making a benchmarking submission with respect to a covered property, the owner of the covered property shall run data quality checks to verify that all data is accurate. In order for the benchmarking submission to be considered in compliance with this section, the owner shall correct all missing or incorrect information as identified by the data quality checks run pursuant to this subparagraph prior to finalizing the benchmarking submission. Where the owner learns that any information reported as part of a benchmarking submission is inaccurate or incomplete, the owner shall amend the benchmarking submission within 30 days of learning of the inaccuracy. Aggregated whole-building data submitted under this section shall not include separately metered uses that are not integral to building operations, as determined by the Administrator. Aggregated whole-building data for a covered property’s energy and water use may be compiled using one or more of the following methods: Obtaining aggregated whole-building data from a utility pursuant to subparagraph (B). Collecting data from all tenants pursuant to subparagraph (C). Reading a master meter. A utility that distributes or sells energy or water to a covered property may directly submit to the Administrator aggregated whole-building data on the energy or water use of the covered property for the covered property if— the owner of the covered property requests the utility release the data for the purposes of meeting the requirements of this section; and the number of individually metered accounts associated with the covered property is at least 3; or the owner provides proof of consent from each tenant for the utility to release the data. If a utility does not provide aggregated whole-building data, the owner of a covered property shall request any information that cannot otherwise be acquired by the owner and that is needed by the owner to comply with the requirements of this section from each tenant located on the property. When the owner of a covered property receives notice that a nonresidential tenant intends to vacate a space within such covered property, and the utilities that distribute or sell energy or water to the covered property do not provide aggregated whole-building energy and water data, the owner shall request information relating to such tenant’s energy and water use for any period of occupancy relevant to the owner’s obligation to make a benchmarking submission. Nothing in this section shall be construed to— permit a property owner to use tenant energy or water usage data for purposes other than compliance with benchmarking submission requirements; or relieve property owners from compliance with State or local laws governing direct access to tenant utility data from the responsible utility.