This 2018 model law presents sample language that can be used by jurisdictions interested in drafting a comprehensive existing building performance policy that encompasses provisions for benchmarking, as well as additional actions beyond benchmarking. The approach laid out by this suggested policy language begins by applying annual requirements for building benchmarking, reporting and transparency to a broad swath of municipal and privately-owned buildings in the city (Sections B through E). Beyond Benchmarking requirements (Sections F through M) are then applied to some or all of the buildings that benchmark. These provisions require that on a periodic basis (suggested as every five years) properties demonstrate that they have achieved pre-defined energy and water performance targets or that they have completed certain actions such as an audit or retuning that can help improve their energy and water efficiency. By providing a performance-oriented compliance path, building owners have maximum flexibility in determining what steps they will take to improve or maintain their building’s performance. Those unable or unwilling to achieve the performance path’s targets have the option to complete approved prescriptive actions to ensure compliance with the ordinance.
In a companion document, Annotated Model Ordinance Language for a Policy to Improve the Performance of Existing Buildings, the same model text has been annotated extensively to describe the rationale behind some of the recommendations and to provide additional background on some of the decision points.
Finally, the City Energy Project has prepared a Decision Framework for Local Governments on Performance Policy, which identifies the key decisions that should be resolved during the stakeholder engagement process, serving as a prompt for city staff when preparing resources and agendas for stakeholder meetings. The structure aligns closely with the Model Ordinance above, which includes placeholders that can be replaced with the outputs from this framework.