Sec. 384. Exemptions and extensions
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/bill/117/hr/1512/ih/section-384·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The owner of a covered property shall not be required to make a benchmarking submission with respect to the covered property for a calendar year if the owner satisfies an applicable State or local benchmarking requirement for which a certification is approved under this subsection. A State may provide a certification to the Administrator that the State— has reviewed and updated, as necessary, an existing State benchmarking requirement, or established a new State benchmarking requirement that meets or exceeds the benchmarking submission requirements under section 383; and will provide State benchmarking data that meet the requirements under section 383, in a form determined by the Administrator.
Not later than 90 days after a State certification is provided under subparagraph (A), the Administrator shall determine whether the State’s benchmarking requirement meets or exceeds the benchmarking submission requirements under section 383. If the Administrator determines under clause
(i)that a State’s benchmarking requirement meets or exceeds the benchmarking submission requirements under section 383, the Administrator shall approve the certification. If the Administrator determines under clause
(i)that a State’s benchmarking requirement does not meet or exceed the benchmarking submission requirements under section 383, the Administrator shall identify any deficiencies, and, to the extent possible, indicate how the State’s benchmarking requirement could be updated to eliminate any deficiencies identified. A State may revise its benchmarking requirement and submit a recertification under subparagraph
(A)to the Administrator at any time. In any State that has not certified a State benchmarking requirement under this subsection, a local government may certify a local benchmarking requirement in accordance with this subsection. If, at any time, the Administrator determines that the benchmarking requirements of a State or local government with an approved certification under this section no longer meet or exceed the benchmarking submission requirements under section 383, the Administrator shall revoke such certification. The owner of a covered property may request an exemption from making a benchmarking submission in accordance with this subsection. In order to receive an exemption under this subsection, the owner of a covered property shall, by March 1 in the year for which the benchmarking submission is due, submit to the Administrator any documentation reasonably necessary to substantiate the request or otherwise assist the Administrator determining whether to grant such exemption. The Administrator may grant an exemption under this subsection if the request for such exemption establishes that the applicable covered property met one or more of the following conditions for the calendar year to be benchmarked: A demolition permit for the covered property was issued during the calendar year, provided that demolition work commenced and legal occupancy was no longer possible prior to end of such calendar year. The covered property did not receive energy or water utility services for at least 90 days during such calendar year. The covered property had an average physical occupancy rate of less than 50 percent over such calendar year. Due to special circumstances unique to the covered property, strict compliance with the requirements of the initiative would not be in the public interest. Due to special circumstances unique to the covered property and not based on a condition caused by actions of the applicant, strict compliance with provisions of the initiative would cause undue hardship. The covered property is under financial hardship. More than 50 percent of gross floor area is used for residential purposes and— more than 4 meters are associated with the covered property; the owner is not able to obtain aggregated whole-building data; and the utility that provides energy or water service does not provide access to aggregated whole-building data. In granting an exemption under this subsection, the Administrator shall limit the exemption to the benchmarking submission for which the request was made. An owner may apply for a time extension for a benchmarking submission if, despite such owner’s good faith efforts, the owner is unable to complete the benchmarking submission prior to the scheduled due date due to the failure of either a utility provider or a tenant to provide the owner with information needed to complete such benchmarking submission. The owner requesting an extension shall submit to the Administrator any documentation reasonably necessary to substantiate the request or otherwise assist the Administrator in the determination. For each covered property, the Administrator may grant no more than 2 such extensions per year of not more than 60 days each.