Model Policies

Arkansas SB 876 amends the Clean Energy Development Act to include natural gas public utilities. It requires natural gas public utilities to consider clean energy and the use of renewable energy as part of any resource plan or natural gas procurement plan. It also allows biofuel to satisfy an electric or natural gas utility's energy efficiency or conservation goals.

Category: Green Building, Miscellaneous, Non-building
State: Arkansas

Colorado SB 19 requires a new small or low impact hydroelectric energy facility to be valued for the purpose of property taxation in the same manner in which new wind energy facilities and new solar energy facilities are valued for that purpose.

Category: Non-building
State: Colorado

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

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

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.

Page 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.

Page 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.

Page 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.

Page 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.

Page Focus: Commercial, Residential
Category: Energy Audits, Benchmarking, and Disclosure, Incentive
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.

Page 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...

Page 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.

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

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 following dates:

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

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.

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

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.

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

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.

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

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.

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

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.

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

All new state-leased buildings must be built as high-performance buildings and exceed the IECC most recently adopted by at least 20%. High-performance building standards will be adopted by the state department and apply to any structure purchased with state money, located at a state institution, or owned by a state agency.

Page Focus: Commercial
Category: Exceeding the Code
State: Montana

The "Stretch Code," an appendix to the Massachusetts state code, is a voluntary option for both residential and commercial buildings to achieve higher levels of energy efficiency than the 2009 IECC code. Adherence to the stretch code could result in 20% to 35% better energy efficiency in residential structures, and 20% better energy efficiency in commercial buildings when compared to the existing code.

Page Focus: Commercial, Residential
Category: Exceeding the Code
State: Massachusetts

Law requires that commercial buildings, including additions and remodels, must exceed ASHRAE 90.1 or the 2006 IECC energy requirements by at least 30%.

Page Focus: Commercial
Category: Exceeding the Code
State: Colorado

"Prior to the sale of an existing residential structure, all toilets must be retrofitted with high efficiency toilets that meet the most recent requirements of the EPA Water Sense program. All city buildings with 5,000 square feet or more and all commercial buildings with 10,000 square feet or more must attain a LEED rating of silver. Select city buildings are required to achieve a gold rating. Commissioning is required for city buildings as a prerequisite for LEED. The energy performance and CO2 emissions for green buildings must be calculated to ensure that the structure exceeds the California Code by 15%."

Page Focus: Commercial, Residential
Category: Exceeding the Code, Green Building
State: California

State buildings should lead by example in energy efficiency. New construction and renovations of state-owned buildings must exceed the state energy code by at least 20% and should use energy modeling during the design process. Energy usage and costs are managed in a state-developed database, Enterprise Energy Management System.

Page Focus: Commercial
Category: Exceeding the Code
State: New Hampshire

Rental housing must meet minimum energy-efficiency standards at time of sale.

Page Focus: Residential
Category: Energy Conservation Ordinances and Mandatory Upgrades
State: Wisconsin

New state construction must exceed the energy conservation provisions of the Oregon State building code by 20% or more. In addition, the 2007 Oregon Legislature passed HB2620, which requires that public entities spend 1.5% of the total contract price of a public improvement contract for new construction or major renovation of a public building on solar energy technology. The SEED guidelines were updated October 1, 2010, to include changes made to the 2010 Oregon Energy Efficiency Specialty Code.

Page Focus: Commercial
Category: Exceeding the Code
State: Oregon

This law is known as the single-family dwelling Energy Efficiency Ordinance. All new single family homes greater than 1,500 square feet and additions and remodels resulting in 1,500 square feet or greater must have energy efficiency that exceeds the Standard Design by 15% or more (determined by square footage and climate zone). Homes must meet the requirements without photovoltaic credit or alternative proposed design credit. Multi-family homes are excluded.

Page Focus: Residential
Category: Exceeding the Code
State: California

Residential homes, including both single-family and multi-family, must exceed the 2006 IECC energy efficiency standards by a percentage that is based on square footage. Single-family homes less than 3,000 square feet must be 30% more efficient; homes between 3,000 and 5,000 square feet must be 50% more efficient; and homes larger than 5000 square feet must be 75% more efficient. All multi-family homes must exceed the 2006 IECC by 30%. All applicants seeking a remodel or addition to an existing structure must complete an energy audit before a permit to build will be issued. New construction and remodels must also show that at least 50% of the construction waste is recycled.

Page Focus: Residential
Category: Exceeding the Code, Green Building
State: Colorado

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.

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

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

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

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.

Page 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).

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

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.

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

New residential construction of 500 square feet or more, remodels or renovations resulting in 1,500 square feet total or more, multi-family residential construction and new commercial buildings with 5,000 square feet or more must exceed the Current Standards by the percentage listed in the compliance table for each structure. Building permits will not be issued without proof of compliance. Homes over 7,000 square feet must reach net zero energy. Projects may use photovoltaic credits and/or Alternative Proposed Design Credit to meet the requirements of the compliance tables.

Page Focus: Residential
Category: Exceeding the Code
State: California

The Michigan Construction Code covers code changes pertaining to the Michigan Uniform Energy Code. All buildings must be designed and constructed in accordance with the Michigan energy code. Changes became effective March 2011.

Page Focus: Residential
Category: Code Adoption and Compliance
State: Michigan

Ordinance No. 3043 adopts the 2009 IECC and the Oregon Specialty Codes in Ashland, OR.

Page Focus: Commercial, Residential
Category: Code Adoption and Compliance
State: Oregon

The Oregon Energy Efficiency Specialty Code Envelope Compliance Certificate for Commercial Buildings is used to demonstrate compliance with the mandatory requirements of the Oregon Energy Efficiency Specialty code.

Page Focus: Adoption
Category: Code Adoption and Compliance
State: Oregon

Oregon's code amendment proposal application may be used to initiate changes to the current state code.

Page Focus: Commercial, Residential
Category: Code Adoption and Compliance
State: Oregon

Adoption of the 2009 New Mexico Energy Conservation Code was based on the requirements of the 2009 IECC. Residential structures must comply with envelope and system requirements, including thermal bypass requirements, of ENERGY STAR. Lighting requirements are also based on ENERGY STAR: 75% must be high-efficacy OR 50% of installed lighting must be ENERGY STAR certified. All residential projects must be 20% more efficient than the 2006 IECC. Commercial structures must comply with the 2009 IECC unless more energy efficient standards are provided by the NM code. Effective January 11, 2011.

Page Focus: Commercial, Residential
Category: Code Adoption and Compliance, Exceeding the Code
State: New Mexico

Massachusetts is required to adopt the latest version of the IECC within 1 year. All commercial buildings must demonstrate full compliance with the energy provisions of the state code.

Page Focus: Commercial
Category: Code Adoption and Compliance
State: Massachusetts

The Vermont Energy Act of 2009 states that all new residential and commercial buildings must be in compliance with state regulations and building codes. A plan to achieve compliance in 90% of new and renovated homes and buildings must be submitted by September 2011.

Page Focus: Commercial
Category: Code Adoption and Compliance
State: Vermont

This is a supplemental packet pertaining to code changes, and is an example of how codes are altered. The regulations on duct testing are amended in this packet.

Page Focus: Commercial, Residential
Category: Code Adoption and Compliance
State: Virginia

The Michigan Construction Code commercial provisions include adoption of the 2009 IECC.

Page Focus: Adoption
Category: Code Adoption and Compliance
State: Michigan

The Michigan Construction Code residential provisions include the adoption of the 2009 IECC.

Page Focus: Residential
Category: Code Adoption and Compliance
State: Michigan

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

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

The Residential Energy Conservation Ordinance (RECO) was adopted to improve the energy and water efficiency of existing housing in the city of Berkeley.
RECO is meant to help insulate residents from energy price increases by reducing the amount of energy used for heat, hot water and lighting. The ordinance states that every home or apartment building sold or transferred in Berkeley or undergoing renovations valued at $50,000 or more must meet energy or water efficiency requirements for a number of items including toilets, showerheads, faucets, etc.

Page Focus: Residential
Category: Energy Conservation Ordinances and Mandatory Upgrades
State: California

Law requires that homes and apartments must meet minimum energy efficiency standards at time of sale or renovation.

Page Focus: Residential
Category: Energy Conservation Ordinances and Mandatory Upgrades
State: California

Rental housing must meet minimum energy efficiency standards.

Page Focus: Residential
Category: Energy Conservation Ordinances and Mandatory Upgrades
State: Vermont

Law requires that rental housing must meet minimum energy efficiency standards by 2019.

Page Focus: Residential
Category: Energy Conservation Ordinances and Mandatory Upgrades
State: Colorado

All new construction and substantial remodels must exceed Title 24 by 10%, use solar as primary heating for pools, insulate hot water pipes, use the Green Materials list for 50% of building square footage or 100% of building fixtures, submit landscape and irrigation plans for approval to the city of Santa Monica, divert 65% of construction and demolition waste from the landfill, and capture and treat rainwater.

Page Focus: Commercial, Residential
Category: Code Adoption and Compliance, Exceeding the Code, Green Building
State: California

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