Model Policies

Law requires upgrades to meet the NYC energy conservation code in buildings 50,000 square feet and greater by 2025.

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure, Energy Conservation Ordinances and Mandatory Upgrades, Retro-commissioning
State: New York

This bill involves ENERGY STAR benchmarking for commercial buildings at time of sale, lease, or financing of the whole building. It requires disclosure to transactional counterparties. It will be phased in over 2 years beginning in 2011.

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure
State: California

As of 2009, all commercial buildings over 10,000 square feet and residential units adding one or more dwelling units must complete a green building checklist. Commercial buildings over 10,000 square feet must complete an energy analysis (recommended for multi-family residential).

Focus: Commercial, Residential
Category: Energy Audits, Benchmarking, and Disclosure, Green Building
State: California

An annual ENERGY STAR benchmarking must be performed for commercial buildings 10,000 square feet and greater and disclosed annually via a public website. The ordinance requirements will be phased in over 3 years (beginning 2011) based on building size. In addition, ASHRAE level II audits are required for commercial buildings 50,000 square feet and greater and ASHRAE level I audits are required for buildings 10,000 square feet to 49,999 square feet. These audits are required once every 5 years. The initial compliance schedule is still in progress. Results are reported to the city. There are exemptions for Leadership in Energy and Environmental Design Existing Building (LEED ED) certification (Green Building rating system for existing buildings) or multiple ENERGY STAR labels.

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure
State: California

Voluntary rules on ENERGY STAR benchmarking developed by the Maine Public Utilities Commission. 

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure
State: Maine

Law requires that, on or after January 1, 2013, an owner or operator of a privately owned commercial building with an interior space of more than 10,000 square feet disclose energy benchmarking information; providing that a purchaser or lessee that does not receive an energy benchmark disclosure statement has the right to rescind a contract for sale or lease within a specified period; utility data support; etc.

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure
State: Maryland

All publicly owned or leased facilities are audited, and a baseline emissions inventory is established. The city commits to a 10% reduction in energy use within 5 years and 15% by 2020. R-38-06 also requires a green building design checklist and green building fact sheet for all private building permit applications to raise awareness of green building standards. New public facilities must have minimum standard of silver certification.

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure, Green Building
State: Maryland

Estimated costs of utilities must be disclosed to tenants in the form of a "budget plan" by rental properties.

Focus: Residential
Category: Energy Audits, Benchmarking, and Disclosure
State: Michigan

Buildings owned by the state or occupied by a state agency must record utility bills in an effort to track the amount of energy used in each building and buildings of like construction. Incentives for reducing energy consumption are required.

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure, Incentive
State: Nevada

This law addresses annual ENERGY STAR benchmarking for commercial and multi-family buildings 50,000 square feet and greater. Annual disclosure to a public website is required. The law is being phased in over 3 years with city-owned buildings first, then commercial, then multi-family. The NYC Dept. of Buildings is in rulemaking.

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure
State: New York

Landlords and sellers must disclose the energy performance of buildings to renters/buyers. Commercial buildings must also disclose energy usage data to the EPA and State Department of Energy. Violations are subject to civil penalties. Additionally, buildings and homes meeting energy efficiency criteria may be eligible for property tax exemption.

Focus: Commercial, Residential
Category: Energy Audits, Benchmarking, and Disclosure, Incentive
State: Oregon

Ordinance proposed on ENERGY STAR benchmarking for commercial and multi-family buildings 20,000 square feet and greater.

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure, Green Building
State: Oregon

All buildings must comply with state energy and building codes and must prove compliance through either prescriptive, performance, or REScheck methods. An energy certificate must be attached to an electrical board in the building.

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure
State: Rhode Island

Home Energy Audits

Effective June 1, 2009, residences with four or fewer units, including all single-family homes, must complete an energy audit prior to the sale of the property and provide a copy of the results of the audit to prospective purchasers. A range of exemptions are available, including for homes built within 10 years of the sale date, all condominiums or voluntary participation in some Austin Energy Utility programs. Audits are valid for 10 years.\

Multi-family Energy Audits and Upgrades

Apartment buildings greater than 10 years old must have an energy audit by June 1, 2011, while buildings less than 10 years old are required to perform an audit within 10 years of the completion of construction. The results of the audit must be posted within the building and provided to prospective tenants and buyers. Additionally, "high energy-use" properties consuming more than 150% of the average multi-family energy use...

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure
State: Texas

Energy audits are required for all residential and multi-family homes after construction and before homes are sold. Audits are good for 10 years. Disclosure of the energy audit results is mandatory and in the case of multi-family homes, must be posted in specified locations for tenants to access. In cases where energy usage exceeds 150% of average homes, the owner is given 18 months to conduct retrofits.

Focus: Commercial, Residential
Category: Energy Audits, Benchmarking, and Disclosure
State: Texas

This bill proposes to requirethe seller or agent to complete a statement of energy performance at the time a commercial or residential building or unit is offered for sale; to inform potential buyers of their right to obtain the statement; and to supply the statement to a buyer prior to any such sale.

Focus: Commercial, Residential
Category: Energy Audits, Benchmarking, and Disclosure
State: Vermont

This consumer education plan proposes a benchmark assessment of energy use in both residential and commercial buildings, partnership with ENERGY STAR, and education for customers, students, and the general public.

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure
State: Virginia

Virginia Beach is creating an Energy Improvement Plan, which will include a "Green Fleet" program that requires all new buildings be LEED certified. Energy audits will be performed on selected buildings. Net metering and energy audits are encouraged for residential structures.

Focus: Commercial, Residential
Category: Energy Audits, Benchmarking, and Disclosure, Green Building, Netmetering and Submetering Policies
State: Virginia

This bill requires ENERGY STAR benchmarking for commercial buildings at time of sale, lease or financing as well as disclosure to transactional counterparties. It will be phased in over 2 years beginning in 2011. It also requires utility data support. Qualifying utilities shall maintain records of the energy consumption data of all non-residential and qualifying public agency buildings to which they provide service and shall upload the energy consumption data for the accounts specified by the owner or operator for a building to the U.S. Environmental Protection Agency's ENERGY STAR portfolio manager.

In addition, state agencies cannot lease or renew space in a building with less than a "75" on the ENERGY STAR scale. SB 5854 was effective in 2010.

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure
State: Washington

The CAEA requires the energy performance of large commercial buildings (over 50,000 SF) and all public buildings to be rated with ENERGY STAR software and disclosed on a public website. To rate energy performance, utility data is collected for 1 year and then reported to the District Department of the Environment via ENERGY STAR Portfolio Manager, a free tool from the U.S. Environmental Protection Agency. 

Beginning in 2010, public buildings of at least 10,000 SF were rated with ENERGY STAR and disclosed online via a publicly-available database.

For commercial buildings, owners are given a 1 year grace period between the reporting of their energy performance and the publication of their scores on the public website. Energy data must be first reported to the District Department of the Environment by the...

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure
State: District of Columbia

This bill requires annual ENERGY STAR benchmarking for commercial and multi-family buildings and disclosure to the city. It phases in over 2 years beginning in 2011. It also requires utility data support. The Department of Planning is in rulemaking.

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure
State: Washington

Relates to home energy rating systems, energy efficiency, conservation and weatherization for  certain programs of the state Housing and Finance Corporation; prohibits the Corporation from making or participating in the making of, or the purchase of a loan for a residential building, if construction began after a certain date unless the building complies with thermal and lighting energy standards; and requires certification and training for contractors, architects, engineers and building inspectors.

Focus: Residential
Category: Energy Audits, Benchmarking, and Disclosure
State: Alaska

The residential code covers energy conservation audit requirements. Prior to the sale or exchange of a home, the home must have an energy audit to determine compliance with the energy conservation standards of Roseville.

Focus: Residential
Category: Energy Audits, Benchmarking, and Disclosure
State: California

Energy disclosure is mandatory for all new and existing homes in Kansas. It is the responsibility of the builder or owner when a home is sold to disclose such information to the buyer.

Focus: Residential
Category: Energy Audits, Benchmarking, and Disclosure
State: Kansas

In addition to the state energy goals of reducing fossil fuel usage by 15% by 2015 and increasing the total renewable energy use to 25%, the Next Generation Energy Act requires utilities to provide technical assistance for all residential and commercial projects that incorporate green building practices in their construction.

Focus: Commercial, Residential
Category: Energy Audits, Benchmarking, and Disclosure, Green Building, Incentive
State: Minnesota

Expanding Building Efficiency Incentives Act of 2009. The 1986 Internal Revenue Code will be amended to include an extension and modification of the new energy efficient home credit and guidelines on energy rating of non-business property, including home inspection ratings.

Focus: Residential
Category: Energy Audits, Benchmarking, and Disclosure
State: National

Electric sub-metering is required for all tenant spaces 10,000 square feet and greater in buildings 50,000 square feet and greater by 2025. Owners must provide monthly energy consumption reports to each sub-metered tenant.

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure, Lighting Upgrades, Netmetering and Submetering Policies
State: New York

The 2009 Seattle Energy Code requires buildings 20,000 ft2 or larger to collect energy usage data for the whole building daily, at a minimum. Flow meters and current censors are permitted for submetering. Separate submetering is required for HVAC systems, lighting, plugs, electrical energy, and heat content. Energy usage must be displayed in a visible, accessible area and contain information regarding daily energy use, average and peak energy use for the previous day, average use from the same day the previous year, and the total energy demand for the previous 12 months. The code also includes compliance requirements, including mandatory energy credits.

Focus: Commercial
Category: Energy Audits, Benchmarking, and Disclosure, Netmetering and Submetering Policies
State: Washington

Incentives are provided to utility customers (residential and commercial) in purchasing renewable energy services. Energy audits are required before funding is given.

Focus: Commercial, Residential
Category: Energy Audits, Benchmarking, and Disclosure, Incentive
State: Delaware

Public Resources Code Section 25402.1(h)2 and Section 10-106 of the Building Energy Efficiency Standards establish a process which allows local adoption of energy standards that are more energy efficient than the statewide Standards. This process allows local governments to adopt and enforce energy standards before the statewide Standards effective date, require additional energy conservation measures, and/or set stricter energy budgets. Local governments are required to apply to the Energy Commission for approval, documenting the supporting analysis for how the local government has determined that their proposed Standards will save more energy than the current statewide Standards and the basis of the local government's determination that the local standards are cost-effective. Once the Energy Commission staff has verified that the local standards will require buildings to use no more energy than the current statewide Standards and that the documentation requirements...

Focus: Adoption
Category: Energy Audits, Benchmarking, and Disclosure, Exceeding the Code, Green Building, Incentive, Lighting Upgrades, Miscellaneous, Netmetering and Submetering Policies, Retro-commissioning, Water and Landscaping
State: California

Index of Green Building Provisions in Florida Municipal Codes, 2009

Focus: Adoption, Green and Advanced Codes
Category: Energy Audits, Benchmarking, and Disclosure, Exceeding the Code, Green Building, Incentive, Netmetering and Submetering Policies, Retro-commissioning, Water and Landscaping
State: Florida