HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannan, City Clerk
FROM: Victoria Mendez, City Attorney"� for
DATE: December 15, 2022
RE: Ordinance 14005 — Amend Code - Chapter 10 - Building Energy and Water
Consumption Benchmarking
File No. 8727
At its June 10, 2021, meeting, the City Commission adopted the above referenced agenda
item, SR.3, requiring private and City of Miami ("City") owned buildings over 20,000 square
feet to perform and report annual energy and water benchmarking unless otherwise exempted;
and, requiring periodic retuning, or maintenance of, building facilities and equipment, every 5
years for all such buildings over 50,000 square feet that do not meet exemption criteria as part of
the Building Efficiency 305 Program or BE305 program.
The item inadvertently printed with a link to an incorrect cross reference. Further, the file
version was inadvertently incremented prior to the April 22, 2021, City Commission meeting
and, therefore, no changes are reflected in the legislation between the original version and
Revision A.
The Legislation has been corrected and incremented to Revision D.
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Enclosure(s)
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I* aseaie ieat[a *r' Clty of Miami
<s Legislation
Ordinance
File Number: 8727 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"BUILDINGS," TO ADD A NEW ARTICLE XII, TITLED "BUILDING ENERGY AND
WATER CONSUMPTION BENCHMARKING", REQUIRING BUILDINGS OVER 20,000
SQUARE FEET OF GROSS FLOOR AREA TO PERFORM AND REPORT ANNUAL
ENERGY AND WATER BENCHMARKING TO THE CITY OF MIAMI; PROVIDING FOR
EXEMPTION OF CERTAIN BUILDING TYPES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") desires to raise awareness of energy performance
through information and transparency with a goal of unlocking energy and cost savings
opportunities and health benefits for the City's businesses and residents; and
WHEREAS, Benchmarking of energy and water consumption is part of committed
actions in the Resilient305 unified strategy with Miami -Dade County and the City of Miami
Beach as well as in the City's Miami Forever Climate Ready strategy which was launched
in January 2020; and
WHEREAS, the City of Miami's 2018 Greenhouse Gas Emission Inventory
revealed fifty-two percent (52%) of greenhouse gas emissions are from buildings; and
WHEREAS, a relatively small number of large buildings often account for a�; fw.
considerable portion of a city's energy use; and
WHEREAS, annual Benchmarking of energy and water consumption helps 6uildingp
owners, property managers, and facilities' staff establish energy performance baseiines,
monitor performance over time, guide actions to cut waste, and verify energy and rroater `=u
savings from investments as well as mitigates carbon emissions; and is ....
WHEREAS, Benchmarking data provides summary information about public and
private buildings, documenting trends in energy and water performance; and
WHEREAS, Benchmarking allows for a data -based approach to analyzing future
energy needs, where improvements can be made, and how to reduce costs, and
WHEREAS, more than thirty (30) major United States cities and counties, including New
York, Chicago, Atlanta, Boulder, and Kansas City, have adopted similar requirements, thus
demonstrating the acceptability, legality, and feasibility of such requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLOR4DA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami File 1D: 8727 (Revision: A) Printed On: 411412021
Section 2. Chapter 10 of the Code of the City of Miami, Florida, as amended, is further
amended in the following particulars.'
"CHAPTER 10
BUILDINGS
ARTICLE XII. BUILDING ENERGY AND WATER
CONSUMPTION BENCHMARKING AND RETUNING
Sec. 10-147. Building Energy and Water Consumption Benchmarking and Retulltng Ordi.nancb.
("Ordinance").
allow a data -based approach to analyze future energy needs, improve future usages, eliminate
waste, and reduce costs.
Sec. 10-148. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this Article, have
the meanings indicated in this Section:
Aggregated, Whole -Building Data means energy or water data that has been summed for an
entire property, which may include a single occupant or a group of separately metered tenants.
Base Building Systems mean the systems or subsystems of a building that use or distribute
energy, water, impact energy, and/or water consumption, including, but not limited to the
building's envelope as well as its HVAC systems, conveying systems, electrical and lighting
systems, on -site generation systems, domestic hot water systems, water distribution systems,
plumbing fixtures and other water -using equipment, and landscape irrigation systems and water
features including fountains and excluding systems or subsystems that operate industrial
applications or processes or any systems or subsystems in a multifamily residential building
appurtenant only to the specific dwelling unit for which the occupant of that unit bears
responsibility for its maintenance and such usage is measured by a meter or submeter.
Benchmark means to input and submit the total energy and water consumed for a property for
the previous calendar year and other descriptive information for such property as required by
the Benchmarking Tool. Total energy and water consumption shall not include separately
metered uses that are not integral to building operations as determined by the Director.
Benchmarking Submission means a subset of information input into the Benchmarking Tool and
Benchmarking information generated by the Benchmarking Tool as determined by the Director.
Benchmarking Tool means the U.S. Environmental Protection Agency's ("EPA") ENERGY
STAR® Portfolio Manager, or anv additional or alternative tool adopted by the Director, used to
track and assess the energy and water use of certain properties relative to similar properties.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
City of Miami File ID: 8727 (Revision: A) Printed On: 411412021
Covered Private Property means a property, other than a covered City property, or any property
owned or operated by Miami -Dade County, the State of Florida, or the Federal government with
a building or buildings that exceed 20,000 square feet of Gross Floor Area.
Covered Public Property means a property with a building or buildings that exceed 20,000
square feet of Gross Floor Area and is owned, leased, or managed by the City and where the
City regularly pays all or part of the annual energy and/or water bills.
Covered Property means anv Covered Public Property or Covered Private Prooerty except for
any property with a single-family home or duplex, a solely residential multi -family building of five
(5) units or less, or any building with an industrial use per designated Standard Industrial
Classification (SIC) codes 20 through 39.
Department means the City's Building Department. t
Director means the Director of the City's Building Department or designee. �; .: C-01
Enerav means electricity. natural aas. steam. or other product sold by a utilitv to a r;6
stom4r of a
lighting, water heating, or for powering or fueling other end -uses as recorded in the i . -
Benchmarking Tool. _
ENERGY STAR® Score means the 1-100 numeric rating generated by the ENERGY STAR®
Portfolio Manager tool as a measurement of a building's energy efficiency.
ENERGY STAR® Portfolio Manager means the tool developed and maintained by the EPA to
track and assess the relative energy performance of buildings.
Financial Hardship (of a property) means that a property
1 Had arrears of property taxes or special assessments that resulted in the issuance of
a tax certificate against the property within the prior two (2) years;
2. Has a court appointed receiver in control of the asset due to financial distress;
3._I_s_owned by a financial institution through default by the borrower;
4. Has been acquired by a deed in lieu of foreclosure; or
5. Has a senior mortgage subject to a notice of default.
Gross Floor Area means Floor Area as defined in Article I Section 1.2 of Ordinance No. 13114
the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), or any
successor Zoning Ordinance.
Shared Benchmarking Information means information generated by the Benchmarking Tool and
descriptive information about the physical property and its operational characteristics, which is
shared with the public. The information, as defined by the ENERGY STAR® Portfolio Manager
glossary, includes, but is not limited to, descriptive information such as the property's address,
primary use, Gross Floor Area, number of floors, number of years the property has been
ENERGY STAR® Certified, and the last approval date, if applicable, as well as energy -related
output information such as site and source energy use intensity, weather normalized site and
source energy use intensity, the ENERGY STAR ®score, where available, total annual
greenhouse gas emissions, monthly energy use by fuel type, indoor water use and water use
intensity (consumption per gross square foot), outdoor water use (where available), total water
use, the property's ENERGY STAR® Water Score, where available, and any other general
comments required to explain said ENERGY STAR® Scores.
City of Miami File ID: 8727 (Revision: A) Printed On: 411412021
System or Subsystem means a building assembly made up of various components that serve a
specific function including but not limited to exterior walls, windows, doors, roofs, ceilings, floors,
lighting, piping, ductwork, insulation, Heating, Ventilation, and Air Conditioning ("HVAC") system
equipment or components, electrical appliances, and plumbing appliances.
Utility means an entity that distributes and/or sells natural gas, electric, water, or thermal energy
services for buildings.
Sec. 10-149. Applicability.
This Ordinance shall apply to all new and existing Covered Properties in accordance with the
initial compliance timetable set forth in Section 10-138 of the City Code so long as the
Benchmarkinq Tool as selected by the Director remains free to use by members of the aen.eral
public.
Sec. 10-150. Procedures.
The owner of each Covered Property shall collect and enter data for the previous (alendaoear '
into the Benchmarkinq Tool. Unless otherwise defined in this Ordinance, the owner of each.:
Covered Property shall input all data into the Benchmarking Tool in a manner that ce formi` o
latest guidance provided by the EPA for use of the Benchmarkinq Tool. Whole -building utility -
following methods:
f�g) Obtaining Aggregated, Whole -Building Data from a utility company;
Collecting data from all tenants for nonresidential properties; or
U Reading a master meter.
If the owner of a Covered Property does not otherwise have access to whole -building energy
and water data, such property owner shall request Aggregated, Whole -Building Data from each
utility that provides energy or water service to the property and that has made aggregated utility
data available to owners before the reporting date of that calendar year. When a Utility does not
provide whole -building energy or water data, the owner of a Covered nonresidential property
shall _request energy and water data from tenants or occupants.
Each non-residential tenant located in a Covered Property shall, within thirty (30) days of a
request by the owner and in a form to be determined by the Director, provide all information that
cannot otherwise be acquired by the owner and that is needed by the owner to comply with the
requirements of this Ordinance.
When the owner of a Covered Property receives notice that a nonresidential tenant intends to
vacate a space within such property and the Utilities do not provide Aggregated, Whole -Building
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 Benchmark.
When a Covered Property changes ownership, the previous owner shall provide the new owner
with all information needed to Benchmark for the period during which the previous owner was in
possession of the DrODerty.
Sec. 10-151. Dutv to Report Benchmarkina.
For every Covered Property subiect to this Chapter, the owner shall annually submit to the
Director an energy and water Benchmarkinq report in an electronic format as established by the
Director by the date specified in Section 10-152 of the City Code.
City of Miami File ID: 8727 (Revision: A) Printed On: 411412021
The information included in the annual Energy and Water Benchmarking Report shall include, at
a minimum, the Shared Benchmarking Information for the previous calendar year.
The owner of each Covered Property shall enter data into the Benchmarking Tool such that that
the energy and water Benchmarking report shall be based on an assessment in the
Benchmarking Tool of the aggregated total energy and water consumed by the whole property
for the entire calendar year being reported.
Before submitting a Benchmarking Submission, the owner shall run all automated data quality
checker functions available within the Benchmarking Tool and shall verify that all data has been
accurately entered into the Benchmarking Tool. In order for the Benchmarking report to be
considered in compliance with this Ordinance, the owner shall correct all missing or incorrect
information as identified by the Benchmarking Tool prior to submitting the Benchmarking report
to the Director.
Where the current owner learns that anv information reported as part of the Benchmarkin
Submission is inaccurate or incomplete, the owner shall amend the information so reported
within the Benchmarking Tool and shall provide the Director with an updated Benchmarking
Submission within thirty (30) days of learning of the inaccuracy.
;-,ry a
Sec. 10-152. Benchmarkinq Requirements.
(a) The owner of a Covered Property shall ensure that for each such propert�a ? `
Benchmarking report is generated, completed, and submitted to the DirectUr-annually.
(b) The Benchmarking reports for each Covered Property shall be due by the dates as-"$
Property shall be due by June 30 of each year thereafter.
Size (Gross Floor Area)
Initial Compliance Required by:
Buildings 100,000 square feet
June 30, 2022
or larger
Buildings between 50,000 and
June 30, 2023
99,999 square feet
Buildings between 20,000 and
June 30, 2024
49,999 square feet
Sec. 10-153. Benchmarking Exemptions.
(a) Benchmarking is not required for a Covered Public Property for the current reporting
year if the owner submits documentation with the Director establishing that the property
has met one of the following conditions:
1. The property does not have a Certificate of Occupancy or Temporary Certificate
of Occupancy for all 12 months of the calendar year being Benchmarked;
2. A demolition permit for the entire buildinq was issued for the calendar year being
Benchmarked, provided that demolition work has commenced and legal
occupancy was no longer possible prior to end of that year;
3. The property did not receive energy or water services for the entire calendar year
to be Benchmarked; or
City of Miami File ID: 8727 (Revision: A) Printed On: 411412021
4. The Covered Property had average physical occupancy of less than fifty percent
(50%) throughout the calendar year for which Benchmarkinq is required.
(b) Benchmarkinq is not required for a Covered Private Property for the current reporting
year if an owner submits documentation with the Director, in such form and with such
evidence as required by the Director, establishing that the property has met one of the
following conditions:
1. It meets any of the exemptions defined for a Covered Public Property;
2. The Director determines that due to special circumstances unique to the
applicant's facility and not based on a condition caused by actions of the
applicant, strict compliance with provisions of this Ordinance would cause undue
hardship or would not be in the public's interest; `
3. The owner notifies the Director that the property is under Financial Ha: rilshig and
provides proof of the same; or ,c
4. The Covered Property may be exempted from electricity Benchmarkinq if mare
than fifty percent (50%) of Gross Floor Area is used for residential pu ose'r and
i. The property is not master metered or the owner does not have acdess to::
master meters or other means to obtain whole -building electricity data; and
ii. The serving electric utility does not provide data aggregation services or-�':..
access to whole -building utility data. Once such services are available from the
Utility as determined by the Director, such properties will no longer be exempt
from Benchmarkinq requirements and shall file initial Benchmarking reports in the
first required reporting year following such data availability.
(b) Any or owner requesting an exemption from Benchmarkinq shall submit an Annual
Benchmarkinq Exemption Request form to the Director by April 1 in the year for which
the exemption is being requested. Any exemption granted will be limited to the
Benchmarkinq Submission for which the reauest was made and does not extend to bast
or future submittals.
(c) For each reporting year in which an owner files a request for an exemption, the Director
shall determine whether that exemption is approved. Appeal of a determination that a
property is not exempt shall be made within fifteen (15) days of such determination to a
review committee comprised of the Director of the Departments of Resilience and Public
Works (or the Supervisor of Plats in lieu thereof), Zoning, and Planning, the Director, and
an Assistant City Manager as designated by the City Manager. The review committee,
acting by maiority vote, shall either affirm the Director's denial or reverse his/her denial
and grant the requested exemption.
Sec. 10-154. Energy and Water Retuning Requirements.
(a) The owner of each Covered Property 50,000 sq. ft. or above shall ensure that retuning
is performed on the Base Building Systems of each such property in accordance with the
schedule requirements of Section 10-156 to ensure that Base Building Systems are
maintained, cleaned, and repaired.
(b) Retuning shall be performed by or under the supervision of a qualified retuning
professional in accordance with industry standard practices including ASHRAE
Guideline 1.2 Commissioning Process for Existing Systems and Assemblies, ASHRAE
Standard 0.2 Commissionina Process for Existina Svstems and Assemblies. and other
standards as may be defined by the Director.
City of Miami File ID: 8727 (Revision: A) Printed On: 411412021
(c) The owner shall correct, through low-cost adjustments and minor repairs to the
property's energy and water systems, all deficiencies identified by the retuning
professional as having a simple payback of three (3) years or less. However, a retuning
measure is not required if such retuning measure would necessitate a building permit
other than an electrical or plumbing permit.
(d) The cost estimates for recommended improvements to Covered properties that are
regulated by any City, County, State, or federal law regulating landmarks and historic
buildings shall include all additional costs necessary for the proposed retuning work to
comply with such law.
(e) Unless otherwise restricted by statute or contract, tenants shall allow property o&ers,
reasonable access to systems and Utility information, if necessary, to cam ply w(fh'the t
terms of this Ordinance.,,
».T , "
Sec. 10-155. Energy and Water Retuning Reports. = t
(a) For each Covered Property, a retuning professional shall complete phys oily ors ligital
sian. and electronicallv submit an on-line Retunina Reoort on behalf of thebrooer`ty
owner in accordance with the schedule requirements of Section 10-156. .-
(b) Before submitting the Retuning Report, the qualified retuning professional shall verify
that the energy and water consumption reported in the annual Benchmarking reports for
the five (5) previous years are accurate. If found to be inaccurate, the qualified
professional must identify inaccuracies in the reports and ensure that the data entered in
the Benchmarkinq Tool and reported to the Director is updated prior to submitting the
retuning report so that it reflects correct historical electricity and water consumption data.
Sec. 10-156. Retuning Schedule.
(a) The owner of a Covered Property shall ensure that for each such property retuning is
performed, a retuning report is completed and submitted to the Director once every five
(5) years with a start date commencing per Table 2.
(b) The retuning reports for each Covered Property shall be due prior to December 30 of the
Calendar Year shown in Table 2 as determined by the building's square footage.
Table 2.
Size
Retuning
Buildings 350,000 square feet
December 1, 2027 and every five (5) years
thereafter
or larger
Buildings between 175,000 and
December 1, 2028 and every five (5) years
thereafter
349,999 square feet
Buildings between 100,000 and
December 1, 2029 and every five (5) vears
174,999 square feet
thereafter
City of Miami File 1D: 8727 (Revision: A) Printed On: 411412021
(c)
(d)
(e)
Buildings between 74,000 and December 1, 2030 and every five (5) years
99,999 square feet thereafter
Buildings between 50,000 and December 1, 2031 and every five (5) years
74,999 square feet thereafter
An owner may apply for an extension of time to file a retuning report if despite such
owner's good faith efforts, to be documented in such application, the owner is unable to
complete the required retuning prior to the scheduled due date for such report. The
Director may grant no more than one (1) such extension for no more than one (1) year.
The owner of a property that is in Financial Hardship may apply for and be granted
annual extensions of time to file a retuning report.
Extensions granted pursuant to this Section shall not extend the scheduled due dates for
subsequent retuning reports. The property owner acknowledaes that by reauestina and
Sec. 10-157. Retuning Exemption.
(a)
for the current
(1) of the following conditions:
1. The property is exempt from Benchmarkinq requirements pursuant to -,then.:-.
provisions of Section 8.
2. The initial Certificate of Occupancy for the property was issued less than five (5)
years prior to the date when the first retuning would otherwise be due.
3. The property has undergone substantial rehabilitation, as certified by a registered
design professional, within the five-year period prior to the Calendar Year in
which a retuning is due such that at the commencement of such Calendar Year,
all of the Base Building Systems of such property are in compliance with energy
conservation and efficiency codes of the State, County, and City as applicable,
and any State, County, and City Codes impacting water consumption in
existence at the time this Ordinance takes effect.
(b) The energy portion of the retuning is not required for the current reporting cycle if a
qualified professional submits documentation with the Department in such form and with
such certifications as required by the Director. For each reporting cycle, the Department
shall determine whether an exemption under this Subsection applies to a property.
Appeal of a determination that a property is not exempt shall be made accordina to the
rocedures set forth by the Director.
Sec. 10-158. Sharing of Data.
(a) The Director shall make available on a publicly accessible website the Shared
Benchmarking Information as defined in Section. 10-148 for the previous Calendar Year
for each Covered Property.
(b) The Shared Benchmarkinq Information for each Covered Property shall be made
available to the public beginning one (1) year after each such property is first required to
submit a Benchmarkinq report.
City of Miami File ID: 8727 (Revision: A) Printed On: 411412021
(c) The Director will determine if any Benchmarking shared summary data shall be
excluded from publishing because it is not in the public interest.
(d) The City may provide non-anonymized data from Benchmarkinq or Retuning
submissions to any Utility serving a Covered Property or to any federal, State, County, or
City -managed Energy efficiency program, provided that the data will be used only for
purposes of targeting incentives provided through energy and water efficiency programs
and provided that the City has first obtained the Covered Property owner's written or
electronic permission to share the data with the Utility or energy efficiency program.
Where the property owner's permission can be granted electronically through
acceptance of a default option, the City shall provide a clearly delineated option for
owners of Covered Properties to choose to opt out of granting this permission.
(e) The City may disclose any retuning data or data from Benchmarkinq Submissions to a
third party for academic or other non-commercial research purposes provided that such
data is anonymized.
(f) All third parties receiving data from Benchmarkinq or Retuning submissions shall sign a
non -disclosure agreement with the City stipulating terms for acceptable use of the data,
including assurances that such data shall not be disclosed to other entities, before
receiving such data. M;
Sec. 10-159. Annual Report and Analysis. x
(a) The Director shall make available on a publicly accessible website and update annually
the following information:
1. No later than December 1, 2022. a report on the Benchmarkina of all -available.
accuracy, summary energy and water consumption statistics, trends observed --
and an assessment of changes across the portfolio over time; and
2. No later than December 1, 2023, a report on the Benchmarkinq of all av illable
Covered Properties, including an assessment of compliance rates, an
assessment of accuracy and issues affectinq accuracy, summary energy and
water consumption statistics, trends observed, and an assessment of changes
across the portfolio over time.
(b) Beginning in 2027 and every three (3) years thereafter, the Director shall make available
on a publicly accessible website a report on the progress of retuning for all Covered
Properties, including but not limited to, compliance rates, trends observed, correlations
of Benchmarkinq scores and retuning measures completed, the impact of retuning on
EUls and ENERGY STAR® Scores, and recommendations on how the uptake of energy
and water conservation measures could be increased or the implementation of retuning
could be improved.
(c) Nothing in this Ordinance shall prevent the Director from including all such information in
a combined annual energy and water efficiency report covering the progress of all of the
City's energy and water efficiency ordinances and programs.
Sec. 10-160. Enforcemen
(a) It shall be unlawful for any entity or person to fail to comply with the requirements of this
Ordinance or misrepresent any material fact in a document required to be prepared or
shared by this Ordinance.
City of Miami File ID: 8727 (Revision: A) Printed On: 411412021
(b) If the Director determines that a property owner has failed to report Benchmarkinq
information as required under this Ordinance or the owner has submitted incomplete or
false Benchmarkinq information, the Director may refer the owner for enforcement as set
forth in Chapter 2, Article X of the City Code, titled "Code Enforcement," and may be
brought for further proceedings before the Code Enforcement Board. A property owner
in violation of this Article may be fined $250.00 per day for a first-time offense or $500.00
per day for a repeat violation of this Article. The City may also avail itself of any other
legal remedy available and the use of one enforcement option shall not preclude the use
of another."
Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
i ria ndez, ity ttar ey 4l13/2021
p"
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 8727 (Revision: A) Printed On: 411412021
w
f City of Miami
rt Legislation
Ordinance
File Number: 8727 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"BUILDINGS," TO ADD A NEW ARTICLE XII, TITLED "BUILDING ENERGY AND
WATER CONSUMPTION BENCHMARKING", REQUIRING BUILDINGS OVER 20,000
SQUARE FEET OF GROSS FLOOR AREA TO PERFORM AND REPORT ANNUAL
ENERGY AND WATER BENCHMARKING TO THE CITY OF MIAMI; PROVIDING FOR
EXEMPTION OF CERTAIN BUILDING TYPES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") desires to raise awareness of energy performance
through information and transparency with a goal of unlocking energy and cost savings
opportunities and health benefits for the City's businesses and residents; and
WHEREAS, benchmarking of energy and water consumption is part of committed
actions in the Resilient305 Unified Strategy with Miami -Dade County and the City of Miami
Beach as well as in the City's Miami Forever Climate Ready strategy which was launched
in January 2020; and
WHEREAS, the City's 2018 Greenhouse Gas Emission Inventory revealed fifty-two
percent (52%) of greenhouse gas emissions are from buildings; and
WHEREAS, a relatively small number of large buildings often account for a
considerable portion of a city's energy use; and, i
WHEREAS, annual benchmarking of energy and water consumption helps.6ildir"'
owners, property managers, and facilities' staff establish energy performance baselines,
monitor performance over time, guide actions to cut waste, and verify energy and water n
savings from investments as well as mitigates carbon emissions; and,
WHEREAS, benchmarking data provides summary information about public', d y
private buildings, documenting trends in energy and water performance; and
WHEREAS, benchmarking allows for a data -based approach to analyzing future
energy needs, where improvements can be made, and how to reduce costs; and
WHEREAS, more than thirty (30) major United States cities and counties, including New
York, Chicago, Atlanta, Boulder, and Kansas City, have adopted similar requirements, thus
demonstrating the acceptability, legality, and feasibility of such requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami File ID: 8727 (Revision: B) Printed On: 511912021
Section 2. Chapter 10 of the Code of the City of Miami, Florida, as amended, is further
amended in the following particulars.'
"CHAPTER 10
BUILDINGS
ARTICLE XII. BUILDING ENERGY AND WATER;:. r
CONSUMPTION BENCHMARKING AND RETUNING
Sec. 10-147. Building Energy and Water Consumption Benchmarkinq and Retunmg:Ordimnce
waste, and reduce costs.
Sec. 10-148. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this Article, have
the meanings indicated in this Section:
Aqqreqated, Whole-Buildinq Data means energy or water data that has been summed for an
entire property, which may include a single occupant or a group of separately metered tenants.
Base Building Systems mean the systems or subsystems of a building that use or distribute
energv, water, impact energy, and/or water consumption, including, but not limited to the
building's envelope as well as its HVAC systems, conveying systems, electrical and lighting
systems, on -site generation systems, domestic hot water systems, water distribution systems,
plumbing fixtures and other water -using equipment, and landscape irrigation systems and water
features, including fountains and excluding systems or subsystems that operate industrial
applications or processes or any systems or subsystems in a multifamily residential building
appurtenant only to the specific dwelling unit for which the occupant of that unit bears
responsibility for its maintenance and such usage is measured by a meter or submeter.
Benchmark means to input and submit the total energy and water consumed for a property for
the previous calendar year and other descriptive information for such property as required by
the Benchmarkinq Tool. Total energy and water consumption shall not include separately
metered uses that are not integral to building operations as determined by the Director.
Benchmarkinq Submission means a subset of information input into the Benchmarkinq Tool and
Benchmarking information generated by the Benchmarkinq Tool as determined by the Director.
Benchmarkinq Tool means the U.S. Environmental Protection Agency's (EPA") ENERGY
STAR® Portfolio Manaqer or any additional or alternative tool adopted by the Director used to
track and assess the energy and water use of certain properties relative to similar properties.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami File ID: 8727 (Revision: B) Printed On: 511912021
Covered Private Property means a property, other than a covered City property, or any property
owned or operated by Miami -Dade County, the State of Florida, or the Federal government with
a building or buildings that exceed 20,000 square feet of Gross Floor Area.
Covered Public Property means a property with a building or buildings that exceed 20,000
square feet of Gross Floor Area and is owned, leased, or managed by the City and where the
City regularly pays all or part of the annual energy and/or water bills.
Covered Property means anv Covered Public Property or Covered Private Prooertv except for
any property with a single-family home or duplex, a solely residential multi -family building of five
( ) units or less, or any building with an industrial use per designated Standard l.n,dustrial
Classification (SIC) codes 20 through 39. y_
Department means the City's Building Department. 3'
Director means the Director of the Department or designee. ca
Benchmarking Tool. a,.x
ENERGY STAR® Score means the 1-100 numeric rating generated by the ENERGY STAR®
Portfolio Manager tool as a measurement of a building's energy efficiency.
ENERGY STAR® Portfolio Manager means the tool developed and maintained by the EPA to
track and assess the relative energy performance of buildings.
Financial Hardship (of a property) means that a property:
1, Had arrears of property taxes or special assessments that resulted in the issuance of
a tax certificate against the property within the prior two (2) years;
2. Has a court appointed receiver in control of the asset due to financial distress;
3. Is owned by a financial institution through default by the borrower;
4. Has been acquired by a deed in lieu of foreclosure; or
5. Has a senior mortgage subject to a notice of default.
Gross Floor Area means Floor Area as defined in Article I, Section 1.2 of Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), or as
defined in any successor Zoning Ordinance.
Shared Benchmarking Information means information generated by the Benchmarking Tool and
descriptive information about the physical property and its operational characteristics, which is
shared with the public. The information, as defined by the ENERGY STAR® Portfolio Manager
glossary, includes, but is not limited to, descriptive information such as the property's address,
primary use, Gross Floor Area, number of floors, number of years the property has been
ENERGY STAR® Certified, and the last approval date, if applicable, as well as energy -related
output information such as site and source energy use intensity, weather normalized site and
source energy use intensity, the ENERGY STAR ®score (where available), total annual
greenhouse gas emissions, monthly energy use by fuel type, indoor water use and water use
intensity (consumption per gross square foot), outdoor water use (where available), total water
use, the property's ENERGY STAR® Water Score (where available), and any other eg neral
comments required to explain said ENERGY STAR® Scores.
City of Miami File 1D: 8727 (Revision: B) Printed On: 511912021
System or Subsystem means a building assembly made up of various components that serve a
specific function including but not limited to exterior walls, windows, doors, roofs, ceilings, floors,
lighting, piping, ductwork, insulation, Heating, Ventilation, and Air Conditioning ("HVAC") system
equipment or components, electrical appliances, and plumbing appliances.
Utility means an entity that distributes and/or sells natural gas, electric, water, or thermal energv
services for buildings.
Sec. 10-149. Applicability.
This Ordinance shall apply to all new and existing Covered Properties in accordance with the
initial compliance timetable set forth in Section 10-138 of the City Code so long as the
Benchmarkinq Tool as selected by the Director remains free to use by members of the general
public.
Sec. 10-150. Procedures.
The owner of each Covered Property shall collect and enter data for the previous calendar vear
into the Benchmarkinq Tool. Unless otherwise defined in this Ordinance, the owner of each
Covered Property shall input all data into the Benchmarkinq Tool in a manner that conforms to
latest guidance provided by the EPA for use of the Benchmarkinq Tool. Whole -building utility
data for the property's energy water and energy use shall be compiled using one or, iore`bf the ,
following methods:
la Obtaining Aggregated, Whole -Building Data from a utility company; T"ZI
(b) Collecting data from all tenants for nonresidential properties; or
U Reading a master meter.
IF 4-1- --F ., r`......,--A 0.-..--. 4...J^-- h--- .,..---- +.. -k-l..
utility that provides energy or water service to the property and that has made aggrecfated utility
data available to owners before the reporting date of that calendar year. When a Utility does not
provide whole -building energy or water data, the owner of a nonresidential Covered Property
shall request energy and water data from tenants or occupants.
Each non-residential tenant located in a Covered Property shall, within thirty (30) days of a
request by the owner and in a form to be determined by the Director, provide all information that
cannot otherwise be acquired by the owner and that is needed by the owner to comply with the
requirements of this Ordinance.
When the owner of a Covered Property receives notice that a nonresidential tenant intends to
vacate a space within such property and the Utilities do not provide Aggregated, Whole -Building
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 Benchmark.
When a Covered Property changes ownership, the previous owner shall provide the new owner
with all information needed to Benchmark for the period during which the previous owner was in
possession of the property.
Sec. 10-151. Dutv to Report Benchmarkina.
For every Covered Property subject to this Chapter, the owner shall annually submit to the
Director an energv and water Benchmarking report in an electronic format as established by the
Director by the date specified in Section 10-152 of the Citv Code.
City of Miami File 1D: 8727 (Revision: B) Printed On: 511912021
The information included in the annual Energy and Water Benchmarking Report shall include, at
a minimum, the Shared Benchmarking Information for the previous calendar year.
The owner of each Covered Property shall enter data into the Benchmarking Tool so that the
energy and water Benchmarking report shall be based on an assessment in the Benchmarking
Tool of the aggregated total energy and water consumed by the whole property for the entire
calendar year being reported.
Before submitting a Benchmarking Submission, the owner shall run all automated data quality
checker functions available within the Benchmarking Tool and shall verify that all data has been
accurately entered into the Benchmarking Tool. In order for the Benchmarking report to be
considered in compliance with this Ordinance, the owner shall correct all missing or incorrect
information as identified by the Benchmarking Tool prior to submitting the Benchmarking report
to the Director.
Where the current owner learns that any information reported as part of the Benchmarking
Submission is inaccurate or incomplete, the owner shall amend the information so reported
within the Benchmarking Tool and shall provide the Director with an updated Benchmarking
Submission within thirty (30) days of learning of the inaccuracy.
Sec. 10-152. Benchmarking Requirements.
C:�
(a) The owner of a Covered Property shall ensure that for each such property
Benchmarking report is generated, completed, and submitted to the Director.
t..
(b) The Benchmarking reports for each Covered Property shall be due by thE:-da
Property shall be due by June 30 of each year thereafter.
Table 1.
Size (Gross Floor Area)
Initial Compliance
Required by: M
Buildings 200,000 square
June 30, 2023
feet or larger
Buildings between 100,000
October 1,
2023
square feet and 199,999
s uare feet
Buildings between 50,000
October 1,
2024
and 99,999 square feet
Buildings between 20,000
October 1,
2025
and 49,999 square feet
Sec. 10-153. Benchmarking Exemptions.
,l
(a) Benchmarking is not required for a Covered Public Property for the current reporting
year if the owner submits documentation to the Director establishing that the property
has met one of the following conditions:
1. The property does not have a Certificate of Occupancy or Temporary Certificate
of Occupancy for all 12 months of the calendar year being Benchmarked;
City of Miami File ID: 8727 (Revision: 8) Printed On: 511912021
2. A_demolition _permit for the entire building was issued for the calendar year being
Benchmarked, provided that demolition work has commenced and legal
occupancy was no longer possible prior to end of that year;
3. The property did not receive energy or water services for the entire calendar year
to be Benchmarked; or
4. The Covered Property had average physical occupancy of less than fifty percent
(50%) throughout the calendar year for which Benchmarking is required.
(b) Benchmarkinq is not required for a Covered Private Property for the current reporting
year if an owner submits documentation with the Director in such form and with such
evidence as required bV the Director establishing that the property has met one of the
following conditions:
1. It meets any of the exemptions defined for a Covered Public Property; --_
2. The Director determines that due to special circumstances unique to the
applicant's facilitv and not based on a condition caused by actions dthe'r..
hardship or would not be in the public's best interest; =
3. The owner notifies the Director that the property is under Financial Ugrdsa hip and
provides proof of the same; or =
4. The Covered Property may be exempted from electricity Benchmaikrng if ir'ore
than fifty percent (50%) of Gross Floor Area is used for residential purposes andk
i. The property is not master metered or the owner does not have acces. s to
master meters or other means to obtain whole -building electricity data; and
ii. The servina electric utilitv does not provide data aaareaation services or
access to whole -building utility data. Once such services are available from the
Utility as determined by the Director, such properties will no longer be exempt
from Benchmarkinq requirements and shall file initial Benchmarkinq reports in the
first required reporting Vear following such data availability.
5. If over 25% of the dwelling units within the property qualify as affordable housing,
the property owner or representative maV request an exemption.
(b) Any entity or owner requesting an exemption from Benchmarkinq shall submit an Annual
Benchmarkinq Exemption Request form to the Director by April 1 in the year for which
the exemption is being requested. Any exemption granted will be limited to the
Benchmarkina Submission for which the reauest was made and does not extend to past
or future submittals.
(c) For each reporting year in which an owner files a request for an exemption, the Director
shall determine whether that exemption is approved. Appeal of a determination that a
Property is not exempt shall be made within fifteen (15) days of such determination to a
review committee comprised of the Director of the Departments of Resilience and Public
Works (or the Supervisor of Plats in lieu thereof), Zoning, and Planning, the Director, and
an Assistant City Manager as designated bV the CitV Manager. The review committee,
actina by maiority vote. shall either affirm the Director's denial or reverse his/her denial
and grant the requested exemption.
Sec. 10-154. Energy and Water Retuning Requirements.
(a) The owner of each Covered Property 50,000 sq. ft. or above shall ensure that retuning
is performed on the Base Building Systems of each such property in accordance with the
schedule requirements of Section 10-156 to ensure that Base Building Systems are
maintained, cleaned, and repaired.
City of Miami File ID: 8727 (Revision: B) Printed On: 511912021
(b) Retuning shall be performed by or under the supervision of a qualified retuning
professional in accordance with industry standard practices including ASHRAE
Guideline 1.2 Commissioning Process for Existing Systems and Assemblies, ASHRAE
Standard 0.2 Commissioning Process for Existing Systems and Assemblies, and other
standards as may be defined by the Director.
(c) The owner shall correct, through low-cost adjustments and minor repairs to the
property's energy and water systems, all deficiencies identified by the retuning
professional as having a simple payback of three (3) years or less. However, a retuning
measure is not required if such retuning measure would necessitate a building permit
other than an electrical or plumbing permit.
(d) The cost estimates for recommended improvements to Covered Properties that are
regulated by any City, County, State, or federal law regulating landmarks and historic
buildings shall include all additional costs necessary for the proposed retuning work to
comply with such law.
(e) Unless otherwise restricted by statute or contract, tenants shall allow prope.r(y owners
terms of this Ordinance.
Sec. 10-155. Energy and Water Retuning Reports.
(a) For each Covered Property, a retuning professional shall complete, h sica ;or di it
sign, and electronically submit an on-line Retuning Report on behalf of the pro erty r ..Y
owner in accordance with the schedule requirements of Section 10-156.
(b) Before submitting the Retuning Report, the qualified retuning professional shall verify
that the energy and water consumption reported in the annual Benchmarking reports for
the five (5) previous years are accurate. If found to be inaccurate, the qualified
professional must identify inaccuracies in the reports and ensure that the data entered in
the Benchmarking Tool and reported to the Director is updated prior to submitting the
retuning report so that it reflects correct historical electricity and water consumption data.
Sec. 10-156. Retuning Schedule.
(a) The owner of a Covered Property shall ensure that for each such property retuning is
performed, a retuning report is completed and submitted to the Director once every five
(5) years with a start date commencing per Table 2.
(b) The retuning reports for each Covered Property shall be due prior to December 30 of the
Calendar Year shown in Table 2 as determined by the building's square footage.
Table 2.
Size
Retuning
Buildings 200,000 square
feet or larger
December 1, 2028 and every five (5) years
thereafter
City of Miami File ID: 8727 (Revision: B) Printed On: 511912021
Buildings between 100,000
and 199,000 square feet
Buildings between 50,000
99.999 sauare feet
Buildings between 20,000
and 49,999 square feet
December 1, 2029 and every five (5) years
thereafter
December 1, 2030 and every five (5) years
thereafter
Optional
(c) An owner may apply for an extension of time to file a retuning report if, despite such
owner's good faith efforts documented in such application, the owner is unable to
complete the required retuning prior to the scheduled due date for such report. The
Director may -grant no more than one (1) such extension for no more than one (1) year.
(d) The owner of a property that is in Financial Hardship may apply for and be granted
annual extensions of time to file a retuning report.
(e) Extensions granted pursuant to this Section shall not extend the scheduled due dates for
subsequent retuning reports. The property owner acknowledges that by requesting and
receiving an extension, the period of time before the property's next compliarlye date will
be less than the typical schedule. j
Sec. 10-157. Retuning Exemption. s
(a) A retuning report is not required for a Covered Property for the current reporting c)Me if
a qualified professional submits documentation to the Department in such farm anal=with
(1) of the following conditions: u
k l
1. The property is exempt from Benchmarking requirements pursuant to! -the
provisions of Section 10-153.
2. The initial Certificate of Occupancy for the property was issued less than five (5)
years prior to the date when the first retuning would otherwise be due.
3. The property has undergone substantial rehabilitation, as certified by a registered
design professional, within the five-year period prior to the Calendar Year in
which a retuning is due such that at the commencement of such Calendar Year,
all of the Base Buildinq Systems of such property are in compliance with energy
conservation and efficiency codes of the State, County, and City as applicable,
and any State, County, and City Codes impacting water consumption in
existence at the time this Ordinance takes effect.
(b) The energy portion of the retuning is not required for the current reporting cycle if a
qualified professional submits documentation with the Department in such form and with
such certifications as required by the Director. For each reporting cycle, the Department
shall determine whether an exemption under this Subsection applies to a property.
Appeal of a determination that a property is not exempt shall be made according to the
procedures set forth by the Director.
Sec. 10-158— Permit Fee Credit
City of Miami File ID: 8727 (Revision: B) Printed On: 511912021
a. All Covered Properties that are in aood standina with submittina Benchmarkin
Submissions, retuning reports, and have not been found in violation of either
Benchmarkinq Submissions as required by Section 10-152 or retuning reporting as
required by Section 10-155 within the past five (5) calendar years shall be -granted a
maximum one-time credit per building, up to the amount provided in Table 3, for permit
fees related to direct costs incurred for Benchmarkinq or retuning purposes pursuant to
this Chapter. A property that has been found to have any code violations shall not
ug alify.
Table 3.
Size
Maximum Credit of Building -Efficiency Related
Permit Fees
Buildings 500,000 square or
Up to $25,000.00
later er
Buildings between 100,000 and
$10,000.00 `
�- t
499,999 square feet
Buildings between 20,000 and
$5,000.00
99,999 square feet
Sec. 10-159. Sharina of Data.
(a) The Director shall make available on a publicly accessible website the Shared
Benchmarkinq Information as defined in Section 10-148 for the previous Calendar Year
for each Covered Property.
(b) The Shared Benchmarkinq Information for each Covered Property shall be made
available to the public beginning one (1) year after each such property is first required to
submit a Benchmarkinq report.
(c) The Director will determine if any Benchmarkinq shared summary data shall be
excluded from publishing because it is not in the public's best interest.
(d) The City may provide non-anonvmized data from Benchmarkinq or retuning submissions
to any Utility serving a Covered Property or to any federal, State, County, or City -
managed Energy efficiency program, provided that the data will be used only for
purposes of targeting incentives provided through energy and water efficiency programs
and provided that the City has first obtained the Covered Property owner's written or
electronic permission to share the data with the Utility or energy efficiency program.
Where the property owner's permission can be granted electronically through
acceptance of a default option, the City shall provide a clearly delineated option for
owners of Covered Properties to choose to opt out of granting such permission.
(e) The City may disclose any retuning data or data from Benchmarkinq Submissions to a
third party for academic or other non-commercial research purposes provided that such
data is anonvmized.
City of Miami File ID: 8727 (Revision: 8) Printed On: 511912021
(f) All third parties receiving data from Benchmarking or retuninq submissions shall sign a
non -disclosure agreement with the City stipulating terms for acceptable use of the data,
including assurances that such data shall not be disclosed to other entities, before
receiving such data.
Sec. 10-160. Annual Report and Analysis.
(a) The Director shall make available on a publicly accessible website and update annually
the following information:
1. No later than December 1, 2023, a report on the Benchmarking of all available
Covered Properties, including an assessment of accuracy and issues affecting
accuracy, summary energy and water consumption statistics, trends observed,
and an assessment of changes across the portfolio over time, and
2. No later than December 1, 2024, a report on the Benchmarking of all available
Covered Properties, including an assessment of compliance rates, an
assessment of accuracy and issues affecting accuracy, summary energy and
water consumption statistics, trends observed, and an assessment of changes
across the portfolio over time.
(b)
(c)
Beainnina in 2029 and every three (3) vears thereafter. the Director shall make available
on a publicly accessible website a report on the progress of retuning for all Covered
Properties, including but not limited to, compliance rates, trends observed, correlations
of Benchmarking scores and retuning measures completed, the impact of retuning on
EUIs and ENERGY STAR® Scores, and recommendations on how the uptake of energy
and water conservation measures could be increased or the implementation of"retuning
could be improved.
C,.k^:
City's energy and water efficiency ordinances and programs.
Sec. 10-161. Enforcement.
(a)
shared by this Ordinance.
I °or au , t, the - "-
_.— .:
7
(b) If the Director determines that a property owner has failed to report Benchmarking
information as required under this Ordinance or the owner has submitted incomplete or
false Benchmarking information, the Director may refer the owner for enforcement as set
forth in Chapter 2, Article X of the City Code, titled "Code Enforcement," and may be
brought for further proceedings before the Code Enforcement Board. A property owner
in violation of this Article may be fined $250.00 per day for a first-time offense or $500.00
per day for a repeat violation of this Article. The City may also avail itself of any other
leaal remedv available and the use of one enforcement option shall not Dreclude the use
of another.
(c) No violation shall be issued for non-compliance or failure to submit to the Director a
Benchmarking report until one year from the first compliance date for Benchmarking
reports as defined in Section 10-152."
Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
City of Miami File ID: 8727 (Revision: B) Printed On: 511912021
Section 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i " dez, City Atto
r ey 4/13/2021
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 8727 (Revision: B) Printed On: 511912021
City of Miami
c�s� ax rp
i
City Hall
Legislation
3500 Pan American Drive
Miami, FL 33133
� � IAS#Bf D#d1E4 54'
www.miamigov.com
Ordinance: 14005
File Number: 8727
Final Action Date: 6/10/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"BUILDINGS," TO ADD A NEW ARTICLE XII, TITLED "BUILDING ENERGY
AND WATER CONSUMPTION BENCHMARKING", REQUIRING BUILDINGS
OVER 20,000 SQUARE FEET OF GROSS FLOOR AREA TO PERFORM AND
REPORT ANNUAL ENERGY AND WATER BENCHMARKING TO THE CITY OF
MIAMI; PROVIDING FOR EXEMPTION OF CERTAIN BUILDING TYPES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR A
IMMEDIATE EFFECTIVE DATE.
r_
SPONSOR(S): Commissioner Ken Russell '
WHEREAS, the City of Miami ("City") desires to raise awareness of energy pOrforrrlance
through information and transparency with a goal of unlocking energy and cost savings; -
opportunities and health benefits for the City's businesses and residents; and
WHEREAS, benchmarking of energy and water consumption is part of committed
actions in the Resilient305 Unified Strategy with Miami -Dade County and the City of Mi6 mi
Beach as well as in the City's Miami Forever Climate Ready strategy which was launched
in January 2020; and
WHEREAS, the City's 2018 Greenhouse Gas Emission Inventory revealed fifty-two
percent (52%) of greenhouse gas emissions are from buildings; and
WHEREAS, a relatively small number of large buildings often account for a
considerable portion of a city's energy use; and
WHEREAS, annual benchmarking of energy and water consumption helps building
owners, property managers, and facilities' staff establish energy performance baselines,
monitor performance over time, guide actions to cut waste, verify energy and water
savings from investments, and mitigate carbon emissions; and
WHEREAS, benchmarking data provides summary information about public and
private buildings, documenting trends in energy and water performance; and
WHEREAS, benchmarking allows for a data -based approach to analyzing future
energy needs, where improvements can be made, and how to reduce costs; and
WHEREAS, more than thirty (30) major United States cities and counties, including New
York, Chicago, Atlanta, Boulder, and Kansas. City, have adopted similar requirements, thus
demonstrating the acceptability, legality, and feasibility of such requirements;
NOW,, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 11 File ID: 8727 (Revision: C) Printed On: 612912021
File ID: 8727 Enactment Number: 14006
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 10 of the Code of the City of Miami, Florida, as amended, is further
amended in the following particulars.'
"CHAPTER 10
ARTICLE XII. BUILDING ENERGY AND WATER
CONSUMPTION BENCHMARKING AND RETUNING
10-147. Build
waste, and reduce costs. s
F .a
Sec. 10-148. Definitions. r ''
Unless otherwise expressly stated, the following terms shall, for the purpose of this Article, have
the meanings indicated in this Section:
Aggregated, Whole -Building Data means energy or water data that has been summed for an
entire_ property, which may include a single occupant or a group of separately metered tenants.
Base Building Systems mean the systems or subsystems of a building that use or distribute
energy, water, impact energy, and/or water consumption, including, but not limited to the
_building's envelope as well as its HVAC systems, conveying systems, electrical and lighting
systems, on -site generation systems, domestic hot water systems, water distribution systems,
plumbing fixtures and other water -using equipment, and landscape irrigation systems and water
features, including fountains and excluding systems or subsystems that operate industrial
applications or processes or any systems or subsystems in a multifamily residential building
appurtenant only to the specific dwelling unit for which the occupant of that unit bears
responsibility for its maintenance and such usage is measured by a meter or submeter.
Benchmark means to input and submit the total energy and water consumed for a property for
the previous calendar year and other descriptive information for such property as required by
the Benchmarking Tool. Total energy and water consumption shall not include separately
metered uses that are not integral to building operations as determined by the Director.
Benchmarking Submission means a subset of information input into the Benchmarking Tool and
Benchmarking information generated by the Benchmarking Tool as determined by the Director.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 11 File ID: 8727 (Revision: C) Printed on: 612912021
File ID: 8727 Enactment Number: 14005
Benchmarkinp Tool means the United States Environmental Protection Agency's ("EPA")
ENERGY STARO Portfolio Manager or anv additional or alternative tool adopted by the Director
used to track and assess the energy and water use of certain properties relative to similar
properties.
Covered Private Property means a property, other than a covered City property, or any property
owned or operated by Miami -Dade County, the State of Florida, or the Federal government with
a building or buildings that exceed 20,000 square feet of Gross Floor Area.
Covered Public Property means a property with a building or buildings that exceed 20,000
square feet of Gross Floor Area and is owned, leased, or managed by the City and where the
City regularly pays all or part of the annual energy and/or water bills.
Covered Property means any Covered Public Property or Covered Private Property except for
any property with a single-family home or duplex, a solely residential multi -family building of five
(5) units or less, or any building with an industrial use per designated Standard Industrial
Classification (SIC) codes 20 through 39.
Department means the City's Building Department.
Director means the Director of the Department or designee,
property or renewable on -site electricity generation for purposes of providing heatin' cooling
lighting, water heating, or for powering or fueling other end -uses as recorded in the a
Benchmarking Tool`a''
ENERGY STAR@ Score means the 1-100 numeric rating generated by the ENEgy SIAhO
Portfolio Manager tool as a measurement of a building's energy efficiency.
ENERGY STARO Portfolio Manager means the tool developed and maintained b'y the EPA to . L
track and assess the relative energy performance of buildings.
Financial Hardship (of a property) means that a property
1, Had arrears of property taxes or special assessments that resulted in the issuance of
a tax certificate against the property within the prior two (2) years-
2. Has a court appointed receiver in control of the asset due to financial distress-,
3. Is owned by a financial institution through default by the borrower:
4. Has been acquired by a deed in lieu of foreclosure: or
5. Has a senior mortgage subject to a notice of default.
Gross Floor Area means Floor Area as defined in Article I Section 1.2 of Ordinance No. 13114
the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") or as
defined in any successor Zoning Ordinance.
Shared Benchmarkinp_lnformation means information generated by the Benchmarkina Tool and
descriptive information about the physical property and its operational characteristics which is
shared with the public. The information as defined by the ENERGY STAR@ Portfolio Manager
glossary, includes, but is not limited to, descriptive information such as the property's address
primary use, Gross Floor Area, number of floors, number of years the property has been
City of Miami Page 3 of 11 Fite ID: 8727 (Revision. C) Printed on: 612912021
File ID: 8727 Enactment Number: 14006
ENERGY STAR@ Certified, the last approval date, if applicable, and energy -related output
information such as site and source energy use intensity, weather normalized site and source
energy use intensity, the ENERGY STAR @score (where available), total annual greenhouse
gas emissions, monthly energy use by fuel type, indoor water use and water use intensity
(consumption per gross square foot), outdoor water use (where available), total water use, the
property's ENERGY STARO Water Score (where available), and any other general comments
required to explain said ENERGY STAR@ Scores.
System or Subsystem means a building assembly made up of various components that serve a
specific function including but not limited to exterior walls, windows, doors, roofs, ceilings, floors,
lighting, piping, ductwork, insulation, Heating, Ventilation, and Air Conditioning ("HVAC") system
equipment or components, electrical appliances, and plumbing appliances.
Utility means an entity that distributes and/or sells natural gas, electric, water, or thermal energy
services for buildings.
Sec zY10=149.RAppllea�ilitu-
This`Ordihahbi" `sha11"applv"to all'h' End existina"Cove''Pr operties iri accordanceu`i(th'the
ainitial cert pliance "timetable -set forth in=Section -10=�138,.of the City'C`ode so`lortg as tt[e
Benchmarking Tool asrseiected "bV"the Drectorrerrrin free to use bymetnbers=of"the general
public. a'
Sec. 10-150. Procedures.
The owner of each Covered Property shall collect and enter data for the previous mer dar,-dear . _ ..
into the Benchmarking Tool. Unless otherwise defined in this Ordinance, the owner dfeach 1e
Covered Property shall input all data into the Benchmarking Tool in a manner that cp-nforms
latest Guidance provided by the EPA for use of the Benchmarking Tool. Whole -build nq�-U ilityv
data for the property's energy water and energy use shall be compiled using one or more of.the
following methods:
(1) Obtaining Aggregated, Whole -Building Data from a utility company;
(2) Collecting data from all tenants for nonresidential properties; or
(3) Reading a master meter.
If the owner of a Covered Property does not otherwise have access to whole -building energy
and water data, such property owner shall request Aggregated, Whole -Building Data from each
utility that provides enemy or water service to the property and that has made aggregated utility
data available to owners before the reporting date of that calendar year. When a Utility does not
provide whole -building energy or water data, the owner of a nonresidential Covered Property
shall request energy and water data from tenants or occupants.
Each non-residential tenant located in a Covered Prosy shall, within thirty (30) days of a
request by the owner and in a form to be determined by the Director, provide all information that
cannot otherwise be acquired by the owner and that is needed by the owner to comply with the
requirements of this Ordinance.
When the owner of a Covered Property receives notice that a nonresidential tenant intends to
vacate a space within such property and the Utilities do not provide Aggregated, Whole -Building
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 Benchmark.
City of Miami Page 4 of 11 File ID: 8727 (Revision: C) Printed on: 612912021
File ID: 8727 Enactment Number: 14006
When a Covered Property changes ownership, the previous owner shall provide the new owner
with all information needed to Benchmark for the period during which the previous owner was in
possession of the property..
Sec. 10-151. Duty to Report Benchmarking.
There shall be no City fees associated with the submission of Benchmarking reports or retuning
reports. For every Covered Property subject to this Chapter, the owner shall annually submit to
the Director an energy and water Benchmarking report in an electronic format as established by
the Director by the date specified in Section 10-152 of the City Code.
The information included in the annual Energy and Water Benchmarking Report shall include, at
a minimum, the Shared Benchmarking Information for the previous calendar year.
The owner of each Covered Property shall enter data into the Benchmarking Tool so that the
energy and water Benchmarking report shall be based on an assessment in the Benchmarking
Tool of the aggregated total energy and water consumed by the whole property for the entire
calendar year being reported.
Before submittina a Benchmarkina Submission. the owner shall run all automated data aualit
checker functions available within the Benchmarking Tool and shall verify that all data has been
accurately entered into the Benchmarking Tool. In order for the Benchmarking report to be
considered in compliance with this Ordinance, the owner shall correct all missing or incorrect
information as identified by the Benchmarking Tool prior to submitting the Benchmal'kingLr4port
to the Director. - -=
Vi I
Submission is inaccurate or incomplete. the owner shall amend the information so r6Dorted."'
shall provide the Director with an
Submission within thirty (30) days of learning of the inaccuracy.
r"P
Sec. 10-152. Benchmarking Requirements.
1. The owner of a Covered Property shall ensure that for each such property, a
Benchmarking report is generated, completed, and submitted to the Director annually.
2. The Benchmarking reports for each Covered Property shall be due by the dates as
defined in the following table. Subsequent Benchmarking reports for each Covered
Property shall be due by June 30 of each year thereafter.
Table 1.
Size (Gross Floor Area)
Initial Compliance Required by:
Buildings 200,000 square
June 30, 2023
feet or larger
Buildings between 100,000
October 1, 2023
s uare feet and 199,999
s uare feet
City of Miami Page 6 of 11 File ID: 8727 (Revision: C) Printed on: 612912021
File ID: 8727 Enactment Number: 14006
Buildings between 50,000 I October 1, 2024
and 99,999 square feet
Buildings between 20,000 I
October 1, 2025
and 49,999 square feet
Sec. 10-153. Benchmarking Exemptions.
(a) Benchmarking is not required for a Covered Public Property for the current reporting
year if the owner submits documentation to the Director establishing that the property
has met one of the following conditions:
1. The property does not have a Certificate of Occupancy or Temporary Certificate
of Occupancy for all 12 months of the calendar year being Benchmarked;
2. A demolition permit for the entire building was issued for the calendar year being
Benchmarked, provided that demolition work has commenced and legal
occupancy was no longer possible prior to end of that year;
3. The property did not receive energy or water services for the entire.calendar year
to be Benchmarked; or�
4. The Covered ProDerty had averaae ohvsical occuoancv of less than fifkv--b.ercen,V
(50%) throughout the calendar year for which Benchmarking is required,,`
A �y.
(b) Benchmarking is not required for a Covered Private Property for the currel�l`t reporting
year if an owner submits documentation with the Director in such form and',With such
evidence as required by the Director establishing that the property has milt one o-f-the I
following conditions: m'
1. It meets any of the exemptions defined for a Covered Public Property;, ry
2. The Director determines that due to special circumstances unique to the
applicant's facility and not based on a condition caused by actions of the
applicant, strict compliance with provisions of this Ordinance would cause undue
hardship or would not be in the public's best interest;
3. The owner notifies the Director that the pro eery is under Financial Hardship and
provides proof of the same, or
4. The Covered Property may be exempted from electricity Benchmarking if more
than fifty percent (50%) of Gross Floor Area is used for residential purposes and:
i. The property is not master metered or the owner does not have access to
master meters or other means to obtain whole -building electricity data; and
ii. The servina electric utilitv does not provide data aaareaation services or
access to whole -building utility data Once such services are available from the
Utility as determined by the Director, such properties will no longer be exempt
from Benchmarking requirements and shall file initial Benchmarking reports in the
first required reporting year following such data availability.
(b) Any or owner requesting an exemption from Benchmarking shall submit an Annual
Benchmarking Exemption Request form to the Director by April 1 in the year for which
the exemption is being requested. Any exemption granted will be limited to the
Benchmarkina Submission for which the request was made and does not extend to oast
or future submittals.
City of Miami Page 6 of 11 File ID: 8727 (Revision: C) Printed on: 612912021
File ID., 8727 Enactment Number. 14006
(c) For each reporting year in which an owner files a request for an exemption, the Director
shall determine whether that exemption is approved. Appeal of a determination that a
property is not exempt shall be made within fifteen (15) days of such determination to a
review committee comprised of the Director of the Departments of Resilience and Public
Works (or the Supervisor of Plats in lieu thereof), Zoning, and Planning, the Director, and
an Assistant City Manager as designated by the City Manager. The review committee,
acting by majority vote, shall either affirm the Director's denial or reverse his/her denial
and grant the requested exemption.
Sec. 10-154. Energy and Water Retuning Requirements.
(a) The owner of each Covered Property 50,000 sq. ft. or above shall ensure that retuning
is performed on the Base Building Systems of each such property in accordance with the
schedule requirements of Section 10-156 to ensure that Base Building Systems are
maintained, cleaned, and repaired.
(b) Retuning shall be performed by or under the supervision of a qualified retuning
professional in accordance with industry standard practices including ASHRAE
Guideline 1.2 Commissioning Process for Existing Systems and Assemblies, ASHRAE
Standard 0.2 Commissioning Process for Existing Systems and Assemblies, and other
standards as may be defined by the Director.
(c) The owner shall correct, through low-cost adiustments and minor repairs to the c
property's energy and water systems, all deficiencies identified by the retuning
professional as having a simple payback of three (3) years or less. However, a 1-- tun r..q
measure is not required if such retuning measure would necessitate a build ln�i p t I
other than an electrical, plumbing, or mechanical permit.
(d) The cost estimates for recommended improvements to Covered Properties that°are
regulated by any City, County, State, or federal law regulating landmarks andlifttorld--
buildings shall include all additional costs necessary for the proposed retunicky orki
comply with such law. n
(e) Unless otherwise restricted by statute or contract, tenants shall allow property owners
reasonable access to systems and Utility information, if necessary, to comply with the
terms of this Ordinance.
Sec. 10-155. Energy and Water Retuning Reports.
(a) For each Covered Property, a retuning professional shall complete, physically or digitally
siqn, and electronically submit an on-line Retuning Report on behalf of the property
owner in accordance with the schedule requirements of Section 10-156.
(b) Before submitting the Retuning Report, the qualified retuning professional shall verify
that the energy and water consumption reported in the annual Benchmarkin0 reports for
the five (5) previous years are accurate. If found to be inaccurate, the qualified
professional must identify inaccuracies in the reports and ensure that the data entered in
the Benchmarking Tool and reported to the Director is updated prior to submitting the
retuning report so that it reflects correct historical electricity and water consumption data.
Sec. 10-156. Retuning Schedule.
City of Miami Page 7 of 11 File ID: 8727 (Revision: C) Printed on: 612912021
File ID: 8727 Enactment Number: 14005
(a) The owner of a Covered Property shall ensure that for each such property retuning is
performed, a retuning report is completed and submitted to the Director once every five
(5) years with a start date commencing pursuant to Table 2.
(b) The retuning reports for each Covered Property shall be due prior to December 30 of the
Calendar Year shown in Table 2 as determined by the building's square footaqe.
Table 2.
Size
Retuning
Buildings 200,000 square
feet or larger
December 1, 2028 and every five (5) years
thereafter
Buildings between 100,000
December 1,
2029 and every five (5)
years
and 199,000 square feet
thereafter
Buildings between 50,000
December 1,
2030 and every five (5)
years
99,999 square feet
thereafter
-E
tea_
Buildings between 20,000
Optional
and 49,999 square feet
_
rin` -7
h
b
a
(C.)
complete the required retuning prior to the scheduled due date for such report. The
Director may grant no more than one (1) such extension for no more than one (1) year.
(d) The owner of a property that is in Financial Hardship may pply for and be granted
annual extensions of time to file a retuning report.
(e) Extensions granted pursuant to this Section shall not extend the scheduled due dates for
subsequent retuning reports. The property owner acknowledges that by requesting and
receiving an extension, the period of time before the propertv's next compliance date will
be less than the typical schedule.
Sec. 10-157. Retuning Exemption.
(a) A retuning report is not required for a Covered Property for the current reporting cycle if
a qualified professional submits documentation to the Department in such form and with
such certifications as required by the Director establishing that the property has met one
(1) of the following conditions:
City of Miami Page 8 of 11 File ID: 8727 (Revision: C) Printed on: 6/29/2021
File ID: 8727 Enactment Number: 14006
1. The property is exempt from Benchmarking requirements pursuant to the
provisions of Section 10-153.
2. The initial Certificate of Occupancy for the property was issued less than five (5)
years prior to the date when the first retuning would otherwise be due.
3. The property has undergone substantial rehabilitation, as certified by a registered
design professional, within the five-year period prior to the Calendar Year in
which a retuning is due such that at the commencement of such Calendar Year,
all of the Base Building Systems of such property are in compliance with energy
conservation and efficiency codes of the State, County, and City as applicable,
and any State, County, and City Codes impacting water consumption in
existence at the time this Ordinance takes effect.
4. If over 25% of the dwelling units within the property qualify as affordable housing,
the property owner or representative may request an exemption.
(b) The energy portion of the retuning is not required for the current reporting cycle if a
qualified professional submits documentation with the Department in such form and with
such certifications as required by the Director. For each reporting cycle, the Department
shall determine whether an exemption under this Subsection applies to a property.
Appeal of a determination that a property is not exempt shall be made according to the
procedures set forth by the Director.
Sec. 10-158. Permit Fee Credit
All covered properties that are in good standing with submitting Benchmarkinq
Submissions, retuning reports, (as reflected in Section 10-157(a)(3)) and have not been
found in violation of either Benchmarkinq Submissions as required by Section 10-152 or
retuning reporting as required by Section 10-155 within the past five (5) calendar years
shall be granted a maximum one-time, non-transferrable credit per building every
retuning period, up to the amount provided in Table 3, for City's Building permit fees
related to professional service/"soft costs"incurred for retuninq purposes pursuant to
this Chapter. The credit expires if unused in that period. A property that has be' en fa
to have any code violations shall not qualify.
Table 3.
C7
Size
Maximum Credit of Building-Efficiency=ikelat&d'
Permit Fees
Buildings 500,000 square or
larger
Up to $25,000.00
_. ,
Buildings between 100,000 and
$10,000.00
499,999 square feet
Buildings between 20,000 and
$5,000.00
99,999 square feet
City of Miami Page 9 of 11 File ID: 8727 (Revision: C) Printed on: 6/29/2021
File ID: 8727 Enactment Number: 14006
Sec. 10-159. Sharing of Data.
(a) The Director shall make available on a publicly accessible website the Shared
Benchmarking Information as defined in Section 10-148 for the previous Calendar Year
for each Covered Property.
(b) The Shared Benchmarking Information for each Covered Property shall be made
available to the public beginning one (1) year after each such property is first required to
submit a Benchmarkinq report.
(c) The Director will determine if any Benchmarking shared summary data shall be
excluded from publishing because it is not in the public's best interest.
(d) The City may provide non-anonvmized data from Benchmarking or retuning submissions
to any Utility serving a Covered Property or to any federal, State, County, or City
managed Energy efficiency program, provided that the data will be used only for
purposes of targeting incentives provided through energy and water efficiency programs
and provided that the City has first obtained the Covered Property owner's written or
electronic permission to share the data with the Utility or energy efficiency program.
Where the property owner's permission can be granted electronically through
acceptance of a default option, the City shall provide a clearly delineated option for
owners of Covered Properties to choose to opt out of granting such permission.
(e)
third party for academic or other non-commercial research purposes provided -that such
data is anonvmized.
(f)
data from Benchmarki
incivaingassurances that sucn aata snap not De aisciosea to other entities-getore
receiving such data. -
Sec. 10-160. Annual Report and Analysis.
(a) The Director shall make available on a publicly accessible website and update `annually
the following information:
1. No later than December 1, 2023, a report on the Benchmarking of all available
Covered Properties, including an assessment of accuracy and issues affecting
accuracy, summary energv and water consumption statistics, trends observed,
and an assessment of changes across the portfolio over time, and
2. No later than December 1, 2024, a report on the Benchmarking of all available
Covered Properties, including an assessment of compliance rates, an
assessment of accuracy and issues affecting accuracy, summary energy and
water consumption statistics, trends observed, and an assessment of changes
across the portfolio over time.
(b) Beginning in 2029 and every three (3) years thereafter, the Director shall make available
on a Publicly accessible website a report on the progress of retuning for all Covered
Properties, including but not limited to, compliance rates, trends observed, correlations
of Benchmarking scores and retuning measures completed, the impact of retuning on
EUls and ENERGY STAR® Scores, and recommendations on how the uptake of energy
City of Miami Page 10 of 11 File ID: 8727 (Revision: C) Printed on: 612912021
File ID: 8727 Enactment Number: 14005
and water conservation measures could be increased or the implementation of retuning
could be improved.
(c) Nothing in this Ordinance shall prevent the Director from including all such information in
a combined annual energy and water efficiency report covering the progress of all of the
City's energy and water efficiency ordinances and programs.
Sec. 10-161. Enforcement.
(a) It shall be unlawful for any entity or person to fail to comply with the requirements of this
Ordinance or misrepresent any material fact in a document required to be prepared or
shared by this Ordinance. The Director may request an audit to confirm the utility data
for any building or submission for compliance. The Director shall then have the authority
to verify the report's amended data by.
1. City personnel to inspect and audit the building on -site.
2. Reiect amended reports based on the City audit.
(b) If the Director determines that a property owner has failed to report Benchmarking or
returning information as required under this Ordinance or the owner has submitted
incomplete or false Benchmarking or retuning information, the Director may refer the
owner for enforcement as set forth in Chapter 2, Article X of the City Code, titled "Code
Enforcement," and may be brought for further proceedings before the Code Enforcement
Board. A property owner in violation of this Article may be fined $250.00 per day for a
first-time offense or $500.00 per day for a repeat violation of this Article. The City may
also avail itself of any other legal remedy available and the use of one enforcement
option shall not preclude the use of another.
(c) No violation shall be issued for non-compliance or failure to submit to the Director a
Benchmarking report until one (1) year from the first compliance date for Benchmarking
reports as defined in Section 10-152."
Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2 ==i'
APPROVED AS TO FORM AND CORRECTNESS:
t ` ,
ria dez, Cify Attor iey 6/28/2021
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 11 of 11 File ID: 8727 (Revision: C) Printed on: 6/29/2021
� 4"i4 �ii4
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5 * .. ..,.. -
City of Miami
`
R
Legislation
Ordinance
Enactment Number: 14005
File Number: 8727 Final Action Date: 6/10/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"BUILDINGS," TO ADD A NEW ARTICLE XII, TITLED "BUILDING ENERGY AND
WATER CONSUMPTION BENCHMARKING", REQUIRING BUILDINGS OVER 20,000
SQUARE FEET OF GROSS FLOOR AREA TO PERFORM AND REPORT ANNUAL
ENERGY AND WATER BENCHMARKING TO THE CITY OF MIAMI; PROVIDING FOR
EXEMPTION OF CERTAIN BUILDING TYPES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") desires to raise awareness of energy performance
through information and transparency with a goal of unlocking energy and cost savings
opportunities and health benefits for the City's businesses and residents; and
WHEREAS, benchmarking of energy and water consumption is part of committed
actions in the Resilient305 Unified Strategy with Miami -Dade County and the City of Miami
Beach as well as in the City's Miami Forever Climate Ready strategy which was launched
in January 2020; and
WHEREAS, the City's 2018 Greenhouse Gas Emission Inventory revealed fifty-two
percent (52%) of greenhouse gas emissions are from buildings; and
WHEREAS, a relatively small number of large buildings often account for a
considerable portion of a city's energy use; and
WHEREAS, annual benchmarking of energy and water consumption helps builaffig
owners, property managers, and facilities' staff establish energy performance baseline'si F9
monitor performance over time, guide actions to cut waste, verify energy and water ,
savings from investments, and mitigate carbon emissions; and
WHEREAS, benchmarking data provides summary information about public acid
private buildings, documenting trends in energy and water performance; and
WHEREAS, benchmarking allows for a data -based approach to analyzing fuf6fe
energy needs, where improvements can be made, and how to reduce costs; and
WHEREAS, more than thirty (30) major United States cities and counties, including New
York, Chicago, Atlanta, Boulder, and Kansas City, have adopted similar requirements, thus
demonstrating the acceptability, legality, and feasibility of such requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami File ID: 8727 (Revision: D) Printed On: 1212012022
Section 2. Chapter 10 of the Code of the City of Miami, Florida, as amended, is further
amended in the following particulars.'
"CHAPTER 10
BUILDINGS
ARTICLE XII. BUILDING ENERGY AND WATER
CONSUMPTION BENCHMARKING AND RETUNING
Sec. 10-147. Building Energy and Water Consumption Benchmarking and Retuning Ordinance.
Intent. This Article shall be known and may be cited as the City of Miami's ("City") Building
Energy and Water Consumption Benchmarking and Retuning Ordinance and is intended to
allow a data -based approach to analyze future energy needs, improve future usages, eliminate
waste, and reduce costs.
Sec. 10-148. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this article have
the meanings indicated in this Section:
Aaareaated. Whole-Buildina Data means enerav or water data that has been sumfraed for ah
..zr
Base B
mean the systems or subsystems of a buildi
use or-aistripute
limited]-f( :the
systems, on -site generation systems, domestic hot water systems, water distributiorf-systoms,
plumbing fixtures and other water -using equipment, and landscape irrigation systerris'and water
features, including fountains and excluding systems or subsystems that operate industrial
applications or processes or any systems or subsystems in a multifamily residential building
appurtenant only to the specific dwelling unit for which the occupant of that unit bears
responsibility for its maintenance and such usage is measured by a meter or submeter.
Benchmark means to input and submit the total energy and water consumed for a property for
the previous calendar year and other descriptive information for such property as required by
the Benchmarking Tool. Total energy and water consumption shall not include separately
metered uses that are not integral to building operations as determined by the Director.
Benchmarking Submission means a subset of information input into the Benchmarking Tool and
Benchmarking information generated by the Benchmarking Tool as determined by the Director.
Benchmarkinq Tool means the United States Environmental Protection Agency's ("EPA")
ENERGY STAR® Portfolio Manager or any additional or alternative tool adopted by the Director
used to track and assess the energy and water use of certain properties relative to similar
properties.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami File ID: 8727 (Revision: D) Printed On: 1212012022
Covered Private Property means a property, other than a covered City property, or any property
owned or operated by Miami -Dade County, the State of Florida, or the Federal government with
a building or buildings that exceed 20,000 square feet of Gross Floor Area.
Covered Public Property means a property with a building or buildings that exceed 20,000
square feet of Gross Floor Area and is owned, leased, or managed by the City and where the
City regularly pays all or part of the annual energy and/or water bills.
Covered Property means any Covered Public PropertV or Covered Private Property except for
any property with a single-family home or duplex, a solely residential multi -family building of five
(5) units or less, or any building with an industrial use per designated Standard Industrial
Classification (SIC) codes 20 through 39.
Department means the City's Building Department.
Director means the Director of the Department or designee.
Energy means electricity, natural gas, steam, or other product sold by a utility to a customer of a
property or renewable on -site electricity generation for purposes of providing heating, cooling,
lighting, water heating, or for powering or fueling other end -uses as recorded in the
Benchmarking Tool.
ENERGY STAR® Score means the 1-100 numeric rating generated by the ENERGY STAR®
Portfolio Manager tool as a measurement of a building's energV efficiency.
ENERGY STAR® Portfolio Manager means the tool developed and maintained by
track and assess the relative energy performance of buildings. M'W` ittv
Cj
Financial Hardship (of a property) means that a property:
1, Had arrears of propertV taxes or special assessments that resulted in th6 issuance of i '4
a tax certificate against the property within the prior two (2) years;
2. Has a court appointed receiver in control of the asset due to financial distress;u"°
3. Is owned by a financial institution through default by the borrower;
4. Has been acquired by a deed in lieu of foreclosure; or
5. Has a senior mortgage subject to a notice of default.
Gross Floor Area means Floor Area as defined in Article I, Section 1.2 of Ordinance No. 13114,
theZoning Ordinance of the CitV of Miami, Florida, as amended ("Miami 21 Code"), or as
defined in any successor Zoning Ordinance.
Shared Benchmarking Information means information generated by the Benchmarking Tool and
descriptive information about the physical property and its operational characteristics, which is
shared with the public. The information as defined by the ENERGY STAR® Portfolio Manager
glossary, includes, but is not limited to, descriptive information such as the property's address,
primarV use, Gross Floor Area, number of floors, number of years the propertV has been
ENERGY STAR® Certified, the last approval date, if applicable, and energV-related output
information such as site and source energy use intensity, weather normalized site and source
energV use intensitV, the ENERGY STAR ®score (where available), total annual greenhouse
gas emissions, monthly energy use by fuel type, indoor water use and water use intensity
(consumption per gross square foot), outdoor water use (where available), total water use, the
property's ENERGY STAR® Water Score (where available), and any other general comments
required to explain said ENERGY STAR0 Scores.
City of Miami File 1D: 8727 (Revision: D) Printed On: 1212012022
System or Subsystem means a building assembly made up of various components that serve a
specific function including but not limited to exterior walls, windows, doors, roofs, ceilings, floors
lighting, piping, ductwork, insulation, Heating, Ventilation, and Air Conditioning ("HVAC") system
equipment or components, electrical appliances, and plumbing appliances.
Utility means an entity that distributes and/or sells natural gas, electric, water, or thermal energy
services for buildinas.
Sec. 10-149. Aaalicability.
This Ordinance shall apply to all new and existing Covered Properties in accordance with the
initial compliance timetable set forth in Section 10-152 of the City Code so long as the
Benchmarkinq Tool as selected by the Director remains free to use by members of the general
public.
Sec. 10-150. Procedures. r
data for the property's energy water and energy use shall be compiled using one or more,pf the
following methods:'
(1) Obtaining Aggregated, Whole -Building Data from a utility company;
(2) Collecting data from. all tenants for nonresidential properties; or
(3) Reading a master meter.
If the owner of a Covered Property does not otherwise have access to whole -building energy
and water data, such property owner shall request Aggregated, Whole-Buildinq Data from each
utility that provides energy or wafter service to the property and that has made aggregated utility
data available to owners before the reporting date of that calendar year. When a Utility does not
provide whole -building energy or water data, the owner of a nonresidential Covered Property
shall request energy and water data from tenants or occupants.
Each non-residential tenant located in a Covered Property shall, within thirty (30) days of a
request by the owner and in a form to be determined by the Director, provide all information that
cannot otherwise be acquired by the owner and that is needed by the owner to comply with the
requirements of this Ordinance.
When the owner of a Covered Property receives notice that a nonresidential tenant intends to
vacate a space within such property and the Utilities do not provide Aggregated, Whole -Building
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 Benchmark.
When a Covered Property changes ownership, the previous owner shall provide the new owner
with all information needed to Benchmark for the period during which the previous owner was in
possession of the property.
Sec. 10-151. Duty to Report Benchmarking.
There shall be no City fees associated with the submission of Benchmarking_reports or retuning
reports. For every Covered Property subject to this Chapter, the owner shall annually submit to
the Director an energy and water Benchmarkinq report in an electronic format as established by
the Director by the date specified in Section 10-152 of the City Code.
City of Miami File ID: 8727 (Revision: D) Printed On: 1212012022
The information included in the annual Energy and Water Benchmarkinq Report shall include, at
a minimum, the Shared Benchmarkinq Information for the previous calendar year.
The owner of each Covered Property shall enter data into the Benchmarkinq Tool so that the
energy and water Benchmarkinq report shall be based on an assessment in the Benchmarkinq
Tool of the aggregated total energy and water consumed by the whole property for the entire
calendar year being reported.
Before submitting a Benchmarkinq Submission, the owner shall run all automated data quality
checker functions available within the Benchmarkinq Tool and shall verify that all data has been
accurately entered into the Benchmarkinq Tool. In order for the Benchmarkinq report to be
considered in compliance with this Ordinance, the owner shall correct all missing or incorrect
information as identified by the Benchmarkinq Tool prior to submitting the Benchmarkinq report
to the Director.
Where the current owner learns that any information reported as part of the Benchmarking
Submission is inaccurate or incomplete, the owner shall amend the information so reported
within the Benchmarkinq Tool and shall provide the Director with an updated Benchmarkinc
Submission within thirtv (30) days of learnina of the inaccuracv.
Sec. 10-152. Benchmarkinq Requirements. t`
1. The owner of a Covered Property shall ensure that for each such property,e = 3
Benchmarkinq report is generated, completed, and submitted to the Director annudlfy.
4 t,aJ
2. The Benchmarkinq reports for each Covered Property shall be due by the dafes as
defined in the following table. Subsequent Benchmarkinq reports for each C;oyered'
Property shall be due by June 30 of each year thereafter.
Table 1.
Size (Gross Floor Area)
Initial Compliance
Required by:
Buildings 200,000 square
June 30, 2023
feet or larger
Buildings between 100,000
October 1,
2023
square feet and 199,999
square feet
Buildings between 50,000
October 1,
2024
and 99,999 square feet
Buildings between 20,000
October 1,
2025
and 49,999 square feet
Sec. 10-153. Benchmarkinq Exemptions.
(a) Benchmarkinq is not required for a Covered Public Property for the current reporting
year if the owner submits documentation to the Director establishing that the property
has met one of the following conditions:
City of Miami File ID: 8727 (Revision: D) Printed On: 1212012022
1. The property does not have a Certificate of Occupancy or Temporary Certificate
of Occupancy for all 12 months of the calendar year being Benchmarked;
2. A demolition permit for the entire building was issued for the calendar year being
Benchmarked, provided that demolition work has commenced and legal
occupancy was no longer possible prior to end of that year;
3. The property did not receive energy or water services for the entire calendar year
to be Benchmarked; or
4. The Covered Property had average physical occupancy of less than fifty percent
(50%) throughout the calendar year for which Benchmarking is required.
(b) Benchmarking is not required for a Covered Private Property for the current reporting
year if an owner submits documentation with the Director in such form and with such
evidence as required by the Director establishing that the property has met one of the
following conditions:
1. It meets any of the exemptions defined for a Covered Public Property;
2. The Director determines that due to special circumstances unique to the
applicant's facility and not based on a condition caused by actions of the
applicant, strict compliance with provisions of this Ordinance would cause undue
hardship or would not be in the public's best interest;
3. The owner notifies the Director that the property is under Financial Hardship and
provides proof of the same; or
4. The Covered Property may be exempted from electricity Benchmarking if more
than fifty percent (50%) of Gross Floor Area is used for residential purp6es and:
i. The property is not master metered or the owner does not have acr.,ess to r :;
master meters or other means to obtain whole -building electricity data mind
Utilitv as determined by the Director. such oroaerties will no lonaer b6zexembf
first required reporting year following such data availability. `T
(b) Any entity or owner requesting an exemption from Benchmarking shall submit an Annual
Benchmarking Exemption Request form to the Director by April 1 in the year for which
the exemption is being requested. Any exemption granted will be limited to the
Benchmarkina Submission for which the reauest was made and does not extend to past
or future submittals
(c) For each reporting year in which an owner files a request for an exemption, the Director
shall determine whether that exemption is approved. Appeal of a determination that a
property is not exempt shall be made within fifteen (15) days of such determination to a
review committee comprised of the Director of the Departments of Resilience and Public
Works (or the Supervisor of Plats in lieu thereofl, Zoning, and Planning, the Director, and
an Assistant City Manager as designated by the City Manager. The review committee,
actina by maiority vote, shall either affirm the Director's denial or reverse his/her denial
and grant the requested exemption.
Sec. 10-154. Energy and Water Retuning Requirements.
(a) The owner of each Covered Property 50,000 sq. ft. or above shall ensure that retuning
is performed on the Base Building Systems of each such property in accordance with the
schedule requirements of Section 10-156 to ensure that Base Building Systems are
maintained, cleaned, and repaired.
City of Miami File ID: 8727 (Revision: D) Panted On: 1212012022
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(b) Retuning shall be performed by or under the supervision of a qualified retuning
professional in accordance with industry standard practices including ASHRAE
Guideline 1.2 Commissioning Process for Existing Systems and Assemblies, ASHRAE
Standard 0.2 Commissioning Process for Existing Systems and Assemblies, and other
standards as may be defined by the Director.
(c) The owner shall correct, through low-cost adiustments and minor repairs to the
property's energy and water systems, all deficiencies identified by the retuning
professional as having a simple payback of three (3) years or less. However, a retuning
measure is not required if such retuning measure would necessitate a building permit
other than an electrical, plumbing, or mechanical permit.
(d) The cost estimates for recommended improvements to Covered Properties that are
regulated by any City, County, State, or federal law regulating landmarks and historic
buildings shall include all additional costs necessary for the proposed retuning work to
CD
comply with such law.
(e) Unless otherwise restricted by statute or contract, tenants shall allow prope& owfi4rs
reasonable access to systems and Utility information, if necessary, to coo lLmithkhe
any
terms of this Ordinance. CD
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Sec. 10-155. Energy and Water Retuning Reports. w
00
(a) For each Covered Property, a retuning professional shall complete, physicallw=or dfctitally"
owner in accordance with the schedule requirements of Section 10-156. —
(b) Before submitting the Retuning Report, the qualified retuning professional shall verify
that the energy and water consumption reported in the annual Benchmarking reports for
the five (5) previous years are accurate. If found to be inaccurate, the qualified
professional must identify inaccuracies in the reports and ensure that the data entered in
the Benchmarkinq Tool and reported to the Director is updated prior to submitting the
retuning report so that it reflects correct historical electricity and water consumption data.
Sec. 10-156. Retuning Schedule.
(a) The owner of a Covered Property shall ensure that for each such property retuning is
performed, a retuning report is completed and submitted to the Director once every five
(5) years with a start date commencing pursuant to Table 2.
(b) The retuning reports for each Covered Property shall be due prior to December 30 of the
Calendar Year shown in Table 2 as determined by the building's square footage.
Table 2.
Size
Retuning
Buildings 200,000 square
feet or larger
December 1, 2028 and every five (5) years
thereafter
City of Miami File ID: 8727 (Revision: D) Printed On: 1212012022
(c)
Buildings between 100,000 December 1, 2029 and every five (5) years
and 199,000 square feet thereafter
Buildings between 50,000 December 1, 2030 and every five (5) years
99,999 square feet thereafter
Buildings between 20,000 Optional
and 49,999 square feet
complete the reauired retunina prior to the sch
for no more
p7 e: sucfp
gb1d to
(d) The owner of a property that is in Financial Hardship may apply for and bera_nted
annual extensions of time to file a retuning report. v
(e) Extensions granted pursuant to this Section shall not extend the scheduled due date's foi
subsequent retuning reports. The property owner acknowledges that by requdsting and
receivina an extension, the period of time before the propertv's next compliance date will
be less than the typical schedule.
Sec. 10-157. Retuning Exemption.
(a) A retuning report is not required for a Covered Property for the current reporting cycle if
a qualified professional submits documentation to the Department in such form and with
such certifications as required by the Director establishing that the property has met one
(1) of the followina conditions:
1. The property is exempt from Benchmarkina reauirements pursuant to the
provisions of Section 10-153.
2. The initial Certificate of Occupancy for the property was issued less than five (5)
years prior to the date when the first retuning would otherwise be due.
3. The property has undergone substantial rehabilitation, as certified by a registered
design professional, within the five-year period prior to the Calendar Year in
which a retuning is due such that at the commencement of such Calendar Year,
all of the Base Building Systems of such property are in compliance with energy
conservation and efficiency codes of the State, County, and City as applicable,
and any State, County, and City Codes impacting water consumption in
existence at the time this Ordinance takes effect.
4. If over 25% of the dwelling units within the property qualify as affordable housing,
the property owner or representative may request an exemption.
(b) The energy portion of the retuning is not required for the current reporting cycle if a
qualified professional submits documentation with the Department in such form and with
such certifications as required by the Director. For each reporting cycle, the Department
shall determine whether an exemption under this Subsection applies to a property.
Appeal of a determination that a property is not exempt shall be made accordina to the
rocedures set forth by the Director.
City of Miami File ID: 8727 (Revision: D) Printed On: 1212012022
Sec. 10-158. Permit Fee Credit
a. All coveredproperties that are in good standing with submitting Benchmarkinq
Submissions, retuning reports, (as reflected in Section 10-157(a)(3)) and have not been
found in violation of either Benchmarkinq Submissions as required by Section 10-152 or
retuning reporting as required by Section 10-155 within the past five (5) calendar years
shall be granted a maximum one-time, non-transferrable credit per building every
retuning period, up to the amount provided in Table 3, for City's Building permit fees
related to professional service/"soft costs", incurred for retuning purposes pursuant to
this Chapter. The credit expires if unused in that period. A property that has been found
to have any code violations shall not qualify.
Table 3.
El
Size
Maximum Credit of Building
-Efficiency Related
Permit Fees
Buildings 500,000 square or
larger
Up to $25,000.00`'
Buildings between 100,000 and
$10,000.00
CID
499,999 square feet
Buildings between 20,000 and
$5,000.00
99,999 square feet
Sec. 10-159. Sharing of Data.
(a) The Director shall make available on a publicly accessible website the Shared
Benchmarkinq Information as defined in Section 10-148 for the previous Calendar Year
for each Covered Property.
(b) The Shared Benchmarking Information for each Covered Property shall be made
available to the public beginning one (1) year after each such property is first required to
submit a Benchmarkinq report.
(c) The Director will determine if any Benchmarkinq shared summary data shall be
excluded from publishing because it is not in the public's best interest.
(d) The City may provide non-anonymized data from Benchmarkinq or retuning submissions
to any Utility serving a Covered Property or to any federal, State, County, or City -
managed Energy efficiency program, provided that the data will be used only for
purposes of targeting incentives provided through energy and water efficiency programs
and provided that the City has first obtained the Covered Property owner's written or
electronic permission to share the data with the Utility or energy efficiency program.
Where the property owner's permission can be granted electronically through
acceptance of a default option, the City shall provide a clearly delineated option for
owners of Covered Properties to choose to opt out of granting such permission.
City of Miami File ID: 8727 (Revision: D) Printed On: 1212012022
(e) The_City may disclose any retuning data or data from Benchmarkinq Submissions to a
third party for academic or other non-commercial research purposes provided that such
data is anonymized.
(f) All third parties receiving data from Benchmarkinq or retuning submissions shall sign a
non -disclosure agreement with the City stipulating terms for acceptable use of the data,
including assurances that such data shall not be disclosed to other entities, before
receiving such data.
Sec. 10-160. Annual Report and Analysis.
(a)
(b)
The Director shall make available on a publicly accessible website and update annuall
the following information:
1. No later than December 1, 2023, a report on the Benchmarkinq of all available
Covered Properties, including an assessment of accuracy and issues affecting
accuracy, summary energy and water consumption statistics, trends observed,
and an assessment of changes across the portfolio over time; and
2. No later than December 1, 2024, a report on the Benchmarkinq of aff,available
t
VNVII IIl.1 u JIIIVIII VI VVIIINIIUIIVV IGL\iJ,..�l'1'•
assessment of accuracy and issues affectinq accuracy, summary energy, d
water consumption statistics, trends observed, and an assessment"b.f.chanaes
across the portfolio over time.
ree (3) vears
s of retuning for all Cgverdd
Properties, including but not limited to, compliance rates, trends observed, aorrela'tlons
of Benchmarkinq scores and retuning measures completed, the impact of rdtunin6 on
EUls and ENERGY STAR® Scores, and recommendations on how the uptake of energy
and water conservation measures could be increased or the implementation of retunina
could be improved.
(c) Nothing in this Ordinance shall prevent the Director from including all such information in
a combined annual energy and water efficiency report covering the progress of all of the
City's energy and water efficiency ordinances and programs.
Sec. 10-161. Enforcement.
(a) It shall be unlawful for any entity or person to fail to comply with the requirements of this
Ordinance or misrepresent any material fact in a document required to be prepared or
shared by this Ordinance. The Director may request an audit to confirm the utility data
for any building or submission for compliance. The Director shall then have the authority
to verify the report's amended data by:
1. City personnel to inspect and audit the building on -site.
2. Relect amended reports based on the City audit.
(b) If the Director determines that a property owner has failed to report Benchmarkinq or
returnina information as reauired under this Ordinance or the owner has submitted
incomplete or false Benchmarkinq or retuning information, the Director may refer the
owner for enforcement as set forth in Chapter 2, Article X of the City Code, titled "Code
Enforcement," and may be brought for further proceedings before the Code Enforcement
Board. A property owner in violation of this Article may be fined $250.00 per day for a
first-time offense or $500.00 per day for a repeat violation of this Article. The City may
also avail itself of any other legal remedy available and the use of one enforcement
option shall not preclude the use of another.
City of Miami File ID: 8727 (Revision: D) Printed On: 1212012022
(c) No violation shall be issued for non-compliance or failure to submit to the Director a
Benchmarking report until one (1) year from the first compliance date for Benchmarking
reports as defined in Section 10-152."
Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
I . 1
...........
ria i dez, City AttoT
ey 4/13/2021
,s`
r
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 8727 (Revision: D) Printed On: 1212012022