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HomeMy WebLinkAboutLegislation-SUB Revision DCity of Miami Legislation Ordinance Enactment Number: 14005 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 builpig owners, property managers, and facilities' staff establish energy performance baselinesi monitor performance over time, guide actions to cut waste, verify energy and water savings from investments, and mitigate carbon emissions; and ,m WHEREAS, benchmarking data provides summary information about public rd 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: D) Printed On: 12/20/2022 8727 Legislation -SUB Revision D THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 Benchmarkinq 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 Benchmarkinq 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: t :> r s,�C77.7 Aggregated, Whole -Building Data means energy or water data that has been sumtfed forcah entire property, which may include a single occupant or a group of separately metered terfAts 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 limitecQQthe -� building's envelope as well as its HVAC systems, conveying systems, electrical and alighting. systems, on -site generation systems, domestic hot water systems, water distributior'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 Benchmarkinq information generated by the Benchmarkinq 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. 1Words 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: 12/20/2022 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 Tess, 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 energy efficiency. ENERGY STAR® Portfolio Manager means the tool developed and maintained by tie.EP/:ie track and assess the relative energy performance of buildings. �ttJ Financial Hardship (of a property) means that a property: 1, Had arrears of property taxes or special assessments that resulted in thG issuarlce of i ,: 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, 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 STAR® Water Score (where available), and any other general comments required to explain said ENERGY STAR® Scores. City of Miami File ID: 8727 (Revision: D) Printed On: 12/20/2022 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 10-152 of the City Code so Ionq 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 -year into the Benchmarkinq Tool. Unless otherwise defined in this Ordinance, the owneV of each 3 Covered Property shall input all data into the Benchmarkinq Tool in a manner that•c in;forms'to latest guidance provided by the EPA for use of the Benchmarkinq Tool. Whole-buifdinq utiI.ity data for the property's energy water and energy use shall be compiled using one brmore,.Qf the following methods:" (1) Obtaining Aggregated, Whole -Building Data from a utility company; (2) Collecting data fromall 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 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 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 Benchmarkinq. There shall be no City fees associated with the submission of Benchmarkinq 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: 12/20/2022 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 Benchmarkinq 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 Benchmarkinq Submission within thirty (30) days of learning of the inaccuracy. Sec. 10-152. Benchmarkinq Requirements. d." D a` 1. The owner of a Covered Property shall ensure that for each such property, e'er, Benchmarkinq report is generated, completed, and submitted to the Director. annudlfy. 4 T t=J 2. The Benchmarkinq reports for each Covered Property shall be due by the dales as defined in the following table. Subsequent Benchmarkinq reports for each overecr?, 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 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. 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: 12/20/2022 rr3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 Tess 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 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 Benchmarkinq 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 r :, master meters or other means to obtain whole -building electricity dati;i nd ii. The serving electric utility does not provide data aggregation services or access to whole -building utility data. Once such services are available -from th:e Utility as determined by the Director, such properties will no longer be°exempt:; from Benchmarkinq requirements and shall file initial Benchmarkinq rer5 its iri°the first required reporting year following such data availability. FT (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 Benchmarkinq Submission for which the request 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 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. City of Miami File ID: 8727 (Revision: D) Printed On: 12/20/2022 6'aa�Y THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. (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, 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 comply with such law. (e) Unless otherwise restricted by statute or contract, tenants shall allow property owrs reasonable access to systems and Utility information, if necessary, to comiii i withrthe terms of this Ordinance. Sec. 10-155. Energy and Water Retuning Reports. n c'a (a) For each Covered Property, a retuning professional shall complete, physically=or digitally" sign, and electronically submit an on-line Retuning Report on behalf of the prp.erty, - 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 Benchmarkinq 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 December 1, 2028 and every five (5) years feet or larger thereafter City of Miami File ID: 8727 (Revision: D) Printed On: 12/20/2022 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Buildings between 100,000 and 199,000 square feet December 1, 2029 and every five (5) years thereafter Buildings between 50,000 99,999 square feet December 1, 2030 and every five (5) years thereafter Buildings between 20,000 and 49,999 square feet Optional C.; (c) An owner may apply for an extension of time to file a retuning report if, despite sudf owner's good faith efforts documented in such application, the owner is unable to E complete the required retuning prior to the scheduled due date for such relic ,: The Director may grant no more than one (1) such extension for no more than oile-(1) Vial-. (d) The owner of a property that is in Financial Hardship may apply for and be rantedzI;.J annual extensions of time to file a retuning report. (e) Extensions granted pursuant to this Section shall not extend the scheduled due date's for subsequent retuning reports. The property owner acknowledges that by reque""sting and receiving an extension, the period of time before the property's next compliance date will be Tess 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: 1. The property is exempt from Benchmarkinq 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. City of Miami File ID: 8727 (Revision: D) Printed On: 12/20/2022 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Sec. 10-158. Permit Fee Credit a. 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 qranted 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. LI Size Maximum Credit of Building -Efficiency Related Permit Fees Buildings 500,000 square or Up to $25,000.00`' 3i C : } larger Buildings between 100,000 and $10,000.00 {==' 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 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-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: 12/20/2022 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. (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) 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 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 athavailable Covered Properties, including an assessment of compliance rates ar e 4 assessment of accuracy and issues affecting accuracy, summary energy 0' d water consumption statistics, trends observed, and an assessment1.f.changes across the portfolio over time. ; ` c:11 (b) Beginning in 2029 and every three (3) years thereafter, the Director shall rrfake available on a publicly accessible website a report on the progress of retuning for all Coverd Properties, including but not limited to, compliance rates, trends observed, oorrelq';tlons of Benchmarkinq 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) 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. Reject amended reports based on the City audit. (b) If the Director determines that a property owner has failed to report Benchmarkinq or returning information as required 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: 12/20/2022 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. (c) No violation shall be issued for non-compliance or failure to submit to the Director a Benchmarkinq report until one (1) year from the first compliance date for Benchmarkinq 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: 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: 12/20/2022 SUBSTITUTED City of Miami Legislation Ordinance: 14005 File Number: 8727 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/1► 2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CH 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDE "BUILDINGS," TO ADD A NEW ARTICLE XII, TITLED "BUILDING AND WATER CONSUMPTION BENCHMARKING", REQUIRING OVER 20,000 SQUARE FEET OF GROSS FLOOR AREA TO P REPORT ANNUAL ENERGY AND WATER BENCHMARKIN MIAMI; PROVIDING FOR EXEMPTION OF CERTAIN BUIL CONTAINING A SEVERABILITY CLAUSE; AND PROVID IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Ken Russell TER TITLED ERGY ILDINGS RFORM AND OTHECITYOF NG TYPES; G FOR AN WHEREAS, the City of Miami ("City") desires to raise awareness of energy pprfornlance through information and transparency with a goal of unlock g energy and cost savings opportunities and health benefits for the City's businesse and residents; and WHEREAS, benchmarking of energy and wat actions in the Resilient305 Unified Strategy with Mi Beach as well as in the City's Miami Forever Cli in January 2020; and WHEREAS, the City's 2018 Green percent (52%) of greenhouse gas emissi r consumption is part of committfed i-Dade County and the City of Mirni to Ready strategy which was launched use Gas Emission Inventory revealed fifty-two s are from buildings; and WHEREAS, a relatively small umber of large buildings often account for a considerable portion of a city's ene •y use; and WHEREAS, annual be marking of energy and water consumption helps building owners, property managers, d facilities' staff establish energy performance baselines, monitor performance over ' e, guide actions to cut waste, verify energy and water savings from investment , and mitigate carbon emissions; and WHEREAS private buildings, d nchmarking data provides summary information about public and cumenting trends in energy and water performance; and WHER S, benchmarking allows for a data -based approach to analyzing future energy need , where improvements can be made, and how to reduce costs; and York dem EREAS, more than thirty (30) major United States cities and counties, including New icago, Atlanta, Boulder, and Kansas. City, have adopted similar requirements, thus strating the acceptability, legality, and feasibility of such requirements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF IAMI, FLORIDA: City of Miami Page 1 of 11 File ID: 8727 (Revision: C) Printed On: 6/29/2021 SUBSTITUTED 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 furt amended in the following particulars.' "CHAPTER 10 BUILDINGS ARTICLE XII. BUILDING ENERGY AND WATER CONSUMPTION BENCHMARKING AND RETUN G Sec. 10-147. Building Energy and Water Consumption Benchmarkig and Retunin . Ordinance,. Intent. This Article shall be known and may be cited as the Cit Energy and Water Consumption Benchmarkinq and Retunin allow a data -based approach to analyze future energy nee waste, and reduce costs. Sec. 10-148. Definitions. Unless otherwise expressly stated, the foliowin the meanings indicated in this Section: of Miami's ("City"'i uildi0 rdinance and is inteided t. - , improve future usacl"es _ eliminate rms shall, for the purpose of this Article, have Aggregated, Whole -Building Data means e' ergy or water data that has been summed for an entire property, which may include a sin occupant or a group of separately metered tenants. Base Building Systems mean the sy ems or subsystems of a building that use or distribute energy, water, impact energy, and/•r water consumption, including, but not limited to the building's envelope as well as its VAC systems, conveying systems, electrical and lighting systems, on -site generation sy ems, domestic hot water systems, water distribution systems, plumbing fixtures and other ater-using equipment, and landscape irrigation systems and water features, including fountai and excluding systems or subsystems that operate industrial applications or processes or any systems or subsystems in a multifamily residential building appurtenant only to tha specific dwelling unit for which the occupant of that unit bears responsibility for its aintenance and such usage is measured by a meter or submeter. Benchmark mea' s to input and submit the total energy and water consumed for a property for the previous c endar year and other descriptive information for such property as required by the Benchm• king Tool. Total energy and water consumption shall not include separately metered u--s that are not integral to building operations as determined by the Director. Bench arking Submission means a subset of information input into the Benchmarkinq Tool and Ben • marking information generated by the Benchmarkinq Tool as determined by the Director. 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: 6/29/2021 SUBSTITUTED File ID: 8727 Enactment Number: 14005 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. 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 govern nt 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 excee . 20,000 square feet of Gross Floor Area and is owned, leased, or managed by the City d 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 Privat Property except for any property with a single-family home or duplex, a solely residential m ti-family building of five (5) units or less, or any building with an industrial use per designated .tandard 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 p •duct sold by a utility to a customer of a property or renewable on -site electricity generation fo purposes of providing heatiri cooling, lighting, water heating, or for powering or fueling of r end -uses as recorded in the - - Benchmarkinq Tool. c »'1 ENERGY STAR® Score means the 1-100 nu ' eric rating generated by the ENERGY s1 R® Portfolio Manager tool as a measurement o - building's energy efficiency. ENERGY STAR® Portfolio Manager m ns the tool developed and maintained *the ERA to track and assess the relative energy rformance of buildings. r-- Financial Hardship (of a property) eans that a property: 1, Had arrears of prop a tax certificate agai 2. Has a court app 3. Is owned by a 4. Has been a 5. Has a sen ty taxes or special assessments that resulted in the issuance of t the property within the prior two (2) years; nted receiver in control of the asset due to financial distress; nancial institution through default by the borrower;, uired by a deed in lieu of foreclosure; or r mortgage subject to a notice of default. Gross Floor Are means Floor Area as defined in Article I, Section 1.2 of Ordinance No. 13114, the Zoning Or• nance of the City of Miami, Florida, as amended ("Miami 21 Code"), or as defined in a successor Zoning Ordinance. Shared enchmarking Information means information generated by the Benchmarkinq Tool and descri. ive information about the physical property and its operational characteristics, which is shar-d with the public. The information as defined by the ENERGY STAR® Portfolio Manager gl•-sary, includes, but is not limited to, descriptive information such as the property's address, • imary use, Gross Floor Area, number of floors, number of years the property has been City of Miami Page 3 of 11 File ID: 8727 (Revision: C) Printed on: 6/29/2021 SUBSTITUTED File ID: 8727 Enactment Number: 14005 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, th- property's ENERGY STAR® Water Score (where available), and any other general commets required to explain said ENERGY STAR® Scores. System or Subsystem means a building assembly made up of various components t :t serve a specific function including but not limited to exterior walls, windows, doors, roofs, c ings, floors, lighting, piping, ductwork, insulation, Heating, Ventilation, and Air Conditioning (" AC") system equipment or components, electrical appliances, and plumbing appliances. Utility means an entity that distributes and/or sells natural as, electric, wa r, or thermal energy services for buildings. Sec. 10-1497-Applicability. This Ordinance shall apply to ell all new and existingjCovered Prop - ies in"accordance with thet a initial compliance timetable set -forth in 'Section 10-138 of the C. 'Code�so`lonq aslhe Benchmarking Tool as selected by the Director' remains free` •se=by members of the general public. a t oti Sec. 10-150. Procedures. The owner of each Covered Property shall collect - d enter data for the previous carel dar year into the Benchmarking Tool. Unless otherwise de ned in this Ordinance, the owner "df'each Covered Property shall input all data into the B= chmarking Tool in a manner that ccrforms.to latest guidance provided by the EPA for use . the Benchmarking Tool. Whole-building'-utilityl data for the property's energy water and e -rgy use shall be compiled using one or more of the following methods: (1) Obtaining Aggregated, •le -Building Data from a utility company; (2) Collecting data from all ' nants for nonresidential properties; or (3) Reading a master me ' r. If the owner of a Covered Pr and water data, such prop utility that provides ener data available to owner provide whole-buildin shall request ener erty does not otherwise have access to whole -building energy y owner shall request Aggregated, Whole -Building Data from each or water service to the property and that has made aggregated utility before the reporting date of that calendar year. When a Utility does not energy or water data, the owner of a nonresidential Covered Property and water data from tenants or occupants. Each non-resid- tial tenant located in a Covered Property shall, within thirty (30) days of a request by th owner and in a form to be determined by the Director, provide all information that cannot oth: ise be acquired by the owner and that is needed by the owner to comply with the requirem= ts of this Ordinance. Whe he 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 •eriod of occupancy relevant to the owner's obligation to Benchmark. City of Miami Page 4 of 11 File ID: 8727 (Revision: C) Printed on: 6/29/2021 SUBSTITUTED File ID: 8727 Enactment Number: 14005 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 Benchmarkinq. There shall be no City fees associated with the submission of Benchmarkinq reports o retuning reports. For every Covered Property subject to this Chapter, the owner shall annual submit to the Director an energy and water Benchmarkinq report in an electronic format as-:tablished by the Director by the date specified in Section 10-152 of the City Code. The information included in the annual Energy and Water Benchmarkinq Report shall include, at a minimum, the Shared Benchmarkinq Information for the previous calend r year. The owner of each Covered Property shall enter data into the Bench =rkinq Tool so that the energy and water Benchmarkinq report shall be based on an asses ent in the Benchmarkinq Tool of the aggregated total energy and water consumed by the wole property for the entire calendar year being reported. Before submitting a Benchmarkinq Submission, the owner s►all run all automated data quality checker functions available within the Benchmarkinq Tool' nd shall verify that all data has been accurately entered into the Benchmarkinq Tool. In order or the Benchmarkinq report to be considered in compliance with this Ordinance, the ow r shall correct all missing or incorrect information as identified by the Benchmarkinq Tool to the Director. for to submitting the Benchmq kingr,report Where the current owner learns that any infor ' ation reported as part of the BenchinnOrkinq Submission is inaccurate or incomplete, the .wner shall amend the information so reported within the Benchmarkinq Tool and shall pr% ide the Director with an updated Bench`marking r, Submission within thirty (30) days of lea inq of the inaccuracy. Sec. 10-152. Benchmarkinq Requir ents. The owner of a Covered ' roperty shall ensure that for each such property, a Benchmarkinq report i generated, completed, and submitted to the Director annually. 2. The Benchmarkin defined in the fol Property shall Table 1. eports for each Covered Property shall be due by the dates as wing table. Subsequent Benchmarking reports for each Covered due by June 30 of each year thereafter. 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 City of Miami Page 5 of 11 File ID: 8727 (Revision: C) Printed on: 6/29/2021 SUBSTITUTED File ID: 8727 Enactment Number: 14005 Buildings between 50,000 and 99,999 square feet Buildings between 20,000 and 49,999 square feet Sec. 10-153. Benchmarkinq Exemptions. October 1, 2024 October 1, 2025 (a) Benchmarkinq is not required for a Covered Public Property for the curr t reporting year if the owner submits documentation to the Director establishing t .t the property has met one of the following conditions: 1. The property does not have a Certificate of Occupancy or emporary Certificate of Occupancy for all 12 months of the calendar year be' • Benchmarked; 2. A demolition permit for the entire building was issued f► the calendar year being Benchmarked, provided that demolition work has co ' menced and legal occupancy was no longer possible prior to end of t► -t year; 3. The property did not receive energy or water se ces for the entire, calendar year ccupancy of less thatn fifty ercent-, (50%) throughout the calendar year for whiBenchmarkinq is rec .Ire to be Benchmarked; or 4. The Covered Property had average physical (b) Benchmarkinq is not required for a Covered P ' ate Property for the curretifrepor'•fing year if an owner submits documentation wit he Director in such form and \with such evidence as required by the Director es following conditions: 1. It meets any of the exemption 2. The Director determines that applicant's facility and not tab 'shinq that the property has mj one di he defined for a Covered Public Property%-;, ue to special circumstances unique to the sed on a condition caused by actions of the applicant, strict complian - with provisions of this Ordinance would cause undue hardship or would not b in the public's best interest; 3. The owner notifies th Director that the property is under Financial Hardship and provides proof of th- same; or 4. The Covered Pro erty may be exempted from electricity Benchmarkinq if more than fifty perce (50%) of Gross Floor Area is used for residential purposes and: i. The prop = y is not master metered or the owner does not have access to master m ers or other means to obtain whole -building electricity data; and i, Th serving electric utility does not provide data aggregation services or access to whole -building utility data. Once such services are available from the U ' IN as determined by the Director, such properties will no longer be exempt om Benchmarkinq requirements and shall file initial Benchmarking reports in the first required reporting year following such data availability. (b) ' v entity or owner requesting an exemption from Benchmarking shall submit an Annual enchmarking 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 request was made and does not extend to past or future submittals. City of Miami Page 6 of 11 File ID: 8727 (Revision: C) Printed on: 6/29/2021 SUBSTITUTED File ID: 8727 Enactment Number: 14005 (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 Publi Works (or the Supervisor of Plats in lieu thereof), Zoning, and Planning, the Director, d an Assistant City Manager as designated by the City Manager. The review committ- acting by majority vote, shall either affirm the Director's denial or reverse his/her d nial 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 ensu . 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 Buildi • Systems are maintained, cleaned, and repaired. (b) Retuning shall be performed by or under the supervision of a • 4 alified retuning professional in accordance with industry standard practices i' cludinq ASHRAE Guideline 1.2 Commissioning Process for Existing System- and Assemblies, ASHRAE Standard 0.2 Commissioning Process for Existing Syste s and Assemblies, and other standards as may be defined by the Director. (c) The owner shall correct, through low-cost adiustm= is and minor repairs to theca property's energy and water systems, all deficie les identified by the retuning professional as having a simple payback of thr: (3) years or less. However, a tratun n. measure is not required if such retuning mea: re would necessitate a buildingperm t= other than an electrical, plumbing, or mech.nicai permit. (d) The cost estimates for recommended i provements to Covered Properties tat°are regulated by any City, County, State •r federal law regulating landmarks and —torn'- buildings shall include all additiona osts necessary for the proposed retunirkiworkTd comply with such law. 8... (e) Unless otherwise restricted b statute or contract, tenants shall allow property owners reasonable access to systes and Utility information, if necessary, to comply with the terms of this Ordinance. Sec. 10-155. Energy and W- -r Retuning Reports. (a) For each Covereroperty, a retuning professional shall complete, physically or digitally sign, and elect, ically submit an on-line Retuning Report on behalf of the property owner in acc. dance with the schedule requirements of Section 10-156. (b) Before sub - ding the Retuning Report, the qualified retuning professional shall verify that the a ergy and water consumption reported in the annual Benchmarkinq reports for the five ) previous years are accurate. If found to be inaccurate, the qualified profe ional must identify inaccuracies in the reports and ensure that the data entered in the .enchmarkinq Tool and reported to the Director is updated prior to submitting the re nine report so that it reflects correct historical electricity and water consumption data. Sec. -156. Retuning Schedule. City of Miami Page 7 of 11 File ID: 8727 (Revision: C) Printed on: 8/29/2021 File ID: 8727 SUBSTITUTED 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 retunin• re. Calendar Year shown in Table 2 as determined by the building's square footage. Table 2. . ert shall be due . rior to December 30 • the Size Retuning Buildings 200,000 square December 1, 2028 and eve five (5) years feet or larger thereafter Buildings between 100,000 and 199,000 square feet Buildings between 50,000 99,999 square feet Buildings between 20,000 and 49,999 square feet December 1, 20 and every five (5) years thereafter Dece .er 1, 2030 and every five (5) years ther fter Optional co (c) An owner may apply for - extension of time to file a retuning report if, despitiis surf owner's good faith effo s documented in such application, the owner is unable to complete the require retuning prior to the scheduled due date for such report. The Director may grant o more than one (1) such extension for no more than one (1) year. (d) The owner of a p opertv that is in Financial Hardship may apply for and be granted annual extensi (e) Extensions s of time to file a retuning report. nted pursuant to this Section shall not extend the scheduled due dates for subseque retuning reports. The property owner acknowledges that by requesting and receivin• -n extension, the period of time before the property's next compliance date will be les han the typical schedule. Sec. 10-1 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 orts for each Covered Pro SUBSTITUTED File ID: 8727 Enactment Number: 14006 1. The property is exempt from Benchmarkinq 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 resist- red design professional, within the five-year period prior to the Calendar Year! which a retuning is due such that at the commencement of such Calend- ear, all of the Base Building Systems of such property are in compliance wi energy conservation and efficiency codes of the State, County, and City as - •plicable, and any State, County, and City Codes impacting water consumpti• in existence at the time this Ordinance takes effect. 4. If over 25% of the dwelling units within the property qualify as - ' ordable housing, the property owner or representative may request an exemp '•n. (b) The energy portion of the retuning is not required for the current eportinq cycle if a qualified professional submits documentation with the Depart -nt in such form and with such certifications as required by the Director. For each rep. inq cycle, the Department shall determine whether an exemption under this Subsect''.n applies to a property. Appeal of a determination that a property is not exempt all be made according to the procedures set forth by the Director. Sec. 10-158. Permit Fee Credit a. All covered properties that are in good standi • with submitting Benchmarking Submissions, retuning reports, (as reflected • Section 10-157(a)(3)) and have not been found in violation of either Benchmarkinq bmissions as required by Section 10-152 or retuning reporting as required by Sectio 10-155 within the past five (5) calendar years shall be granted a maximum one-time on -transferrable credit per building every retuning period, up to the amount pr• ided in Table 3, for City's Building permit fees related to professional service/"so costs", incurred for retuning purposes pursuant to this Chapter. The credit expires unused in that period. A property that has i3een-found to have any code violations s = I not qualify. Table 3. 0 Size Maximum Credit of Building-Efficiency:l elat6d Permit Fees e :__ _..- Buildings 500,00, square or Up to $25,000.00 larger Buildin• between 100,000 and $10,000.00 499,•49 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 SUBSTITUTED File ID: 8727 Enactment Number: 14005 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 Yea 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 r= •uired to submit a Benchmarking report. (c) The Director will determine if any Benchmarking shared summary data all be excluded from publishing because it is not in the public's best interest. (d) The City may provide non-anonymized data from Benchmarking o etuning submissions to any Utility serving a Covered Property or to any federal, State aunty, or City managed Energy efficiency program, provided that the data wi be used only for purposes of targeting incentives provided through energy an', water efficiency programs and provided that the City has first obtained the Covered P operty owner's written or electronic permission to share the data with the Utility or nergy efficiency program. Where the property owner's permission can be grantee electronically through acceptance of a default option, the City shall provide - clearly delineated option for owners of Covered Properties to choose to opt ou •f granting such permission. (e) The City may disclose any retuning data or da from Benchmarking Submissions to a third party for academic or other non-comm cial research purposes provided that such data is anonymized. (f) All third parties receiving data from non -disclosure agreement with the including assurances that such da receiving such data. Sec. 10-160. Annual Report and A = vsis. (a) The Director shall make the following informati B= chmarkinq or retuning submissions"shall sigi1 a y stipulating terms for acceptable use of;:the rta shall not be disclosed to other entities faofore r vailable on a publicly accessible website and update annually 1. No later tha •ecember 1, 2023, a report on the Benchmarking of all available Covered P .perties, including an assessment of accuracy and issues affecting accurac , summary energy and water consumption statistics, trends observed, and a -ssessment of changes across the portfolio over time; and 2. No I er than December 1, 2024, a report on the Benchmarking of all available Co eyed Properties, including an assessment of compliance rates, an sessment 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) :eginning 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 EUIs 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: 8/29/2021 SUBSTITUTED 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 al •f 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 req ements of this Ordinance or misrepresent any material fact in a document required t• .e prepared or shared by this Ordinance. The Director may request an audit to conf m the utility data for any building or submission for compliance. The Director shall t -n have the authority to verify the report's amended data by: 1. City personnel to inspect and audit the building on -site 2. Reject amended reports based on the City audit. (b) If the Director determines that a property owner has faile to report Benchmarking or returning information as required under this Ordinance •r the owner has submitted incomplete or false Benchmarking or retuning inform ion, the Director may refer the owner for enforcement as set forth in Chapter 2, Ar cle X of the City Code, titled "Code Enforcement," and may be brought for further preedings before the Code Enforcement Board. A property owner in violation of this Arti• e may be fined $250.00 per day for a first-time offense or $500.00 per day for a re. - at violation of this Article. The City may also avail itself of any other legal remedy a - ilable and the use of one enforcement option shall not preclude the use of anot r. (c) No violation shall be issued for non-cpliance or failure to submit to the Director a Benchmarking report until one (1) y' ar from the first compliance date for Benchmarking reports as defined in Section 10- .2." Section 5. If any section, par of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the r- aining provisions of this Ordinance shall not be affected. Section 6. This Ordina e shall become effective immediately upon its adoption and signature of the Mayor.2 c-, APPROVED AS TO FORM AND CORRECTNESS: a r dez i y'ttor ey 6/28/2021 2 T ' Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) d. s from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become ffective 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 SUBSTITUTED City of Miami Legislation Ordinance File Number: 8727 Final Actio ' ate: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTE10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS," TO ADD A NEW ARTICLE XII, TITLED "BUILDING ENER' AND WATER CONSUMPTION BENCHMARKING", REQUIRING BUILDING OVER 20,000 SQUARE FEET OF GROSS FLOOR AREA TO PERFORM AND REP•RT ANNUAL ENERGY AND WATER BENCHMARKING TO THE CITY OF MIA ; PROVIDING FOR EXEMPTION OF CERTAIN BUILDING TYPES; CONTAINING A VERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIV IATE. WHEREAS, the City of Miami ("City") desires to raise aw. -ness of energy performance through information and transparency with a goal of unlocking o ergy and cost savings opportunities and health benefits for the City's businesses an% residents; and WHEREAS, benchmarking of energy and water c. sumption is part of committed actions in the Resilient305 Unified Strategy with Miami-rade County and the City of Miami Beach as well as in the City's Miami Forever Climate "eady strategy which was launched in January 2020; and WHEREAS, the City's 2018 Greenhous- Gas Emission Inventory revealed fifty-two percent (52%) of greenhouse gas emissions re from buildings; and WHEREAS, a relatively small nu •er of large buildings often account for a considerable portion of a city's energy e; and, WHEREAS, annual bench Irking of energy and water consumption help uildir1 owners, property managers, and .cilities' staff establish energy performance baselines, monitor performance over time •uide actions to cut waste, and verify energy and4ater savings from investments as ell as mitigates carbon emissions; and WHEREAS, benc► arking data provides summary information about public iab private buildings, docu enting trends in energy and water performance; and WHEREAS •enchmarking allows for a data -based approach to analyzing future energy needs, w re improvements can be made, and how to reduce costs; and WHE AS, more than thirty (30) major United States cities and counties, including New York, Chic..o, 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 MI I. 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: 5/19/2021 SUBSTITUTED 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 Re ning:Ordinance,; Intent. This Article shall be known and may be cited as the City of Miami' ("City" )Bu.ildin ' Energy and Water Consumption Benchmarkinq and Retuning Ordinanc and is intended tp,- allow a data -based approach to analyze future energy needs, improv future usages, eliminate waste, and reduce costs. Sec. 10-148. Definitions. Unless otherwise expressly stated, the following terms shal for the purpose of this Article, have the meanings indicated in this Section: Aggregated, Whole -Building Data means energy or w er data that has been summed for an entire property, which may include a single occupa or a group of separately metered tenants. Base Building Systems mean the systems or s .systems of a building that use or distribute energy, water, impact energy, and/or water c• sumption, including, but not limited to the building's envelope as well as its HVAC sy ms, conveying systems, electrical and lighting systems, on -site generation systems, do r -stic hot water systems, water distribution systems, plumbing fixtures and other water-usin• -quipment, and landscape irrigation systems and water features, including fountains and excl ding systems or subsystems that operate industrial applications or processes or any sy ems or subsystems in a multifamily residential building appurtenant only to the specific d elling unit for which the occupant of that unit bears responsibility for its maintenancand such usage is measured by a meter or submeter. Benchmark means to input . nd submit the total energy and water consumed for a property for the previous calendar yeand other descriptive information for such property as required by the Benchmarkinq Tool otal energy and water consumption shall not include separately metered uses that ar- of integral to building operations as determined by the Director. Benchmarkinq Su mission means a subset of information input into the Benchmarkinq Tool and Benchmarkinq i ' ormation generated by the Benchmarkinq Tool as determined by the Director. Benchmark' q Tool means the U.S. Environmental Protection Agency's ("EPA") ENERGY STAR® P•rtfolio Manager or any additional or alternative tool adopted by the Director used to track a • 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 unchanaed material. City of Miami File ID: 8727 (Revision: B) Printed On: 5/19/2021 SUBSTITUTED 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 th- 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 e ept for any property with a single-family home or duplex, a solely residential multi -family bu' • inq of five (5) units or less, or any building with an industrial use per designated Standard in,• stria) 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 property or renewable on -site electricity generation for purposes o lighting, water heating, or for powering or fueling other end -use Benchmarking Tool. ENERGY STAR® Score means the 1-100 numeric rating a utility to;a customer of providing he tinq, cooling,' as recorded in thy;, <°w enerated by the ENERGY STAR® Portfolio Manager tool as a measurement of a building' energy efficiency. ENERGY STAR® Portfolio Manager means the too track and assess the relative energy performance • f eveloped and maintained by the EPA to buildings. Financial Hardship (of a property) means tha : property: 1, Had arrears of property taxes o 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 rece -er in control of the asset due to financial distress; 3. Is owned by a financial in itution through default by the borrower; 4. Has been acquired by . deed in lieu of foreclosure; or 5. Has a senior mortga•„ subject to a notice of default. Gross Floor Area means Fl►or Area as defined in Article I, Section 1.2 of Ordinance No. 13114, the Zoning Ordinance of ' e City of Miami, Florida, as amended ("Miami 21 Code"), or as defined in any success • Zoning Ordinance. Shared Benchmar " q Information means information generated by the Benchmarking Tool and descriptive infor tion about the physical property and its operational characteristics, which is shared with the •ublic. The information, as defined by the ENERGY STAR® Portfolio Manager glossary, incl des, but is not limited to, descriptive information such as the property's address, primary us=, Gross Floor Area, number of floors, number of years the property has been ENERGY TAR® Certified, and the last approval date, if applicable, as well as energy -related output ' formation such as site and source energy use intensity, weather normalized site and sour energy use intensity, the ENERGY STAR ®score (where available), total annual qre nhouse gas emissions, monthly energy use by fuel type, indoor water use and water use i ensitv (consumption per gross square foot), outdoor water use (where available), total water se, 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: B) Printed On: 5/19/2021 SUBSTITUTED 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 e -rqy services for buildings. Sec. 10-149. Applicability. This Ordinance shall apply to all new and existing Covered Properties in accorda► e with the initial compliance timetable set forth in Section 10-138 of the City Code so Ion. :s the Benchmarking Tool as selected by the Director remains free to use by memb s of the general public. Sec. 10-150. Procedures. The owner of each Covered Property shall collect and enter data fo he previous calendar year into the Benchmarkinq Tool. Unless otherwise defined in this Ord' ance, the owner of each Covered Property shall input all data into the Benchmarkinq Toin a manner that conforms to latest guidance provided by the EPA for use of the Benchmar nq Tool. Whole -building utility data for the property's energy water and energy use shall b - compiled using one or more of the- following methods: r bj Obtaining Aggregated, Whole -Building Da : from a utility company; Collecting data from all tenants for nonresidential properties; or Reading a master meter. If the owner of a Covered Property does not o erwise have access to whole-buildinenerg g y and water data, such property owner shall r: •uest Aggregated, Whole -Building DataItom :each utility that provides energy or water servic- to the property and that has made aggreq'ated utility data available to owners before the rep. ' inq date of that calendar year. When a Utility does not provide whole -building energy or wate data, the owner of a nonresidential Covered Property shall request energy and water data rom tenants or occupants. Each non-residential tenant loc- ed in a Covered Property shall, within thirty (30) days of a request by the owner and in a 'orm to be determined by the Director, provide all information that cannot otherwise be acquire• by the owner and that is needed by the owner to comply with the requirements of this Ordin-.nce. When the owner of a .vered Property receives notice that a nonresidential tenant intends to vacate a space withi' such property and the Utilities do not provide Aggregated, Whole -Building Data, the owner s - II request information relating to such tenant's energy and water use for any period of occupcy relevant to the owner's obligation to Benchmark. When a Covred Property changes ownership, the previous owner shall provide the new owner with all inf• mation needed to Benchmark for the period during which the previous owner was in possess '•n of the property. Sec. 0-151. Duty to Report Benchmarking. F.r every Covered Property subject to this Chapter, the owner shall annually submit to the lirector 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: B) Printed On: 5/19/2021 SUBSTITUTED 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 Benchmarkin• Tool of the aggregated total energy and water consumed by the whole property for the entir calendar year being reported. Before submitting a Benchmarking Submission, the owner shall run all automated datquality checker functions available within the Benchmarkinq Tool and shall verify that all da . has been accurately entered into the Benchmarkinq Tool. In order for the Benchmarkinq rep, to be considered in compliance with this Ordinance, the owner shall correct all missin• .r incorrect information as identified by the Benchmarkinq Tool prior to submitting the Ben marking report to the Director. Where the current owner learns that any information reported as part of e Benchmarkinq Submission is inaccurate or incomplete, the owner shall amend the inf. mation so reported within the Benchmarkinq Tool and shall provide the Director with an 'dated Benchmarkinq Submission within thirty (30) days of learning of the inaccuracy. Sec. 10-152. Benchmarking Requirements. (a) The owner of a Covered Property shall ensure that ir each such property Benchmarkinq report is generated, completed, an' submitted to the Director.anrpJ lly. 4 ATI (b) The Benchmarking reports for each Covered ' operty shall be due by the dates a, `` defined in the following table. Subsequent B nchmarkinq reports for each<CPvered' Property shall be due by June 30 of each ear thereafter. Table 1. Size (Gross Floor Area) Initial Compliance Required by: Buildings 200,000 .quare June 30, 2023 feet or larger Buildings bet -en 100,000 October 1, 2023 square feet . d 199,999 square fee Buildin.. between 50,000 October 1, 2024 and 9',999 square feet B dings between 20,000 October 1, 2025 . nd 49,999 square feet Sec. 10- •3. Benchmarkin. Exem.tions. ( 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: 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: B) Printed On: 5/19/2021 SUBSTITUTED 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 y- -r to be Benchmarked; or 4. The Covered Property had average physical occupancy of less than fifty p- cent (50%) throughout the calendar year for which Benchmarkinq is required. (b) Benchmarking is not required for a Covered Private Property for the current porting year if an owner submits documentation with the Director in such form an• ith such evidence as required by the Director establishing that the property has et one of the following conditions: 1. It meets any of the exemptions defined for a Covered Public 'roperty; 2. The Director determines that due to special circumstances nique to the applicant's facility and not based on a condition caused • actions 0f,the applicant, strict compliance with provisions of this Ordi r . nce would icause (indL?e hardship or would not be in the public's best interest. a —.- 3. The owner notifies the Director that the property is nder Financia'I;Mardship and - provides proof of the same; or 4. The Covered Property may be exempted from - ectricity Benchmarkinq if inere than fifty percent (50%) of Gross Floor Area i : used for residential purpose§'andt- • i. The property is not master metered or te owner does not have access to master meters or other means to obtai hole -building electricity data; and ii. The serving electric utility does nprovide data aggregation services or access to whole -building utility d. Once such services are available from the Utility as determined by the Dir: tor, such properties will no longer be exempt from Benchmarkinq requirem- is and shall file initial Benchmarking reports in the first required reporting year 'oliowinq such data availability. 5. If over 25% of the dwellin► units within the property qualify as affordable housing, the property owner or ro •resentative may request an exemption. (b) Any entity or owner reques ' g an exemption from Benchmarking shall submit an Annual Benchmarkinq Exemptio ' equest form to the Director by April 1 in the year for which the exemption is being quested. Any exemption granted will be limited to the Benchmarkinq Subm'.sion for which the request was made and does not extend to past or future submittals (c) For each repo g year in which an owner files a request for an exemption, the Director shall determi whether that exemption is approved. Appeal of a determination that a property is rot exempt shall be made within fifteen (15) days of such determination to a review co mittee comprised of the Director of the Departments of Resilience and Public Works .r the Supervisor of Plats in lieu thereof), Zoning, and Planning, the Director, and an As . istant City Manager as designated by the City Manager. The review committee, acti,g, by majority vote, shall either affirm the Director's denial or reverse his/her denial a • grant the requested exemption. Sec. 1-154. 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: 5/19/2021 SUBSTITUTED (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 r- uning measure is not required if such retuning measure would necessitate a buildin. •ermit other than an electrical or plumbing permit. (d) The cost estimates for recommended improvements to Covered Prope '-s that are regulated by any City, County, State, or federal law regulating Iandma s and historic buildings shall include all additional costs necessary for the propos retuning work to comply with such law. (e) Unless otherwise restricted by statute or contract, tenants shallow property owners , reasonable access to systems and Utility information, if nec-ssary, to colt* with he terms of this Ordinance. Sec. 10-155. Energy and Water Retuning Reports. (a) For each Covered Property, a retuning professio . I shall complete, physicat Y,,or digitglly sign, and electronically submit an on-line Retun q Report on behalf of the property a.-, owner in accordance with the schedule requir' ments of Section 10-156. (b) Before submitting the Retuning Report, the .ualified retuning professional shall verify that the energy and water consumption r=sorted in the annual Benchmarkinq reports for the five (5) previous years are accurate f found to be inaccurate, the qualified professional must identify inaccuraci in the reports and ensure that the data entered in the Benchmarkinq Tool and report-. to the Director is updated prior to submitting the retuning report so that it reflects •rrect historical electricity and water consumption data. Sec. 10-156. Retuning Schedule. (a) The owner of a Covered roperty shall ensure that for each such property retuning is performed, a retuning r port is completed and submitted to the Director once every five (5) years with a start .ate commencing per Table 2. (b) The retuning rep' is for each Covered Property shall be due prior to December 30 of the Calendar Year : own in Table 2 as determined by the building's square footage. Table 2. /6ize Retuning Buildings 200,000 square December 1, 2028 and every five (5) years feet or larger thereafter City of Miami File ID: 8727 (Revision: B) Printed On: 5/19/2021 SUBSTITUTED Buildings between 100,000 and 199,000 square feet Buildings between 50,000 99,999 square 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) ye . rs thereafter Optional (c) An owner may apply for an extension of time to file a retu nq report if, despite such owner's good faith efforts documented in such applicati• , the owner is unable to complete the required retuning prior to the scheduled • ue date for such report. The Director may grant no more than one (1) such exte ion for no more than one (1) year. (d) The owner of a property that is in Financial Herds ' ip may apply for and be granted annual extensions of time to file a retuning rep (e) Extensions granted pursuant to this Section all not extend the scheduled due dates for subsequent retuning reports. The property ► ner acknowledges that by requesting and receiving an extension, the period of time be Tess than the typical schedule. Sec. 10-157. Retuning Exemption. (a) A retuning report is not require a qualified professional sub s documentation to the Department in such form and with such certifications as requi d by the Director establishing that the property has me -tone (1) of the following condi •ns: n r efore the property's next compliar1+ce date will for a Covered Property for the current reporting cVb e if 1 The property is xempt from Benchmarkinq requirements pursuant to .the provisions of section 10-153. 2. The initial rtificate of Occupancy for the property was issued less than five (5) years pn 3. The pr desi to the date when the first retuning would otherwise be due. erty has undergone substantial rehabilitation, as certified by a registered professional, within the five-year period prior to the Calendar Year in wh' a retuning is due such that at the commencement of such Calendar Year, a of the Base Building Systems of such property are in compliance with energy onservation 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 he 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: 5/19/2021 SUBSTITUTED a. All Covered Properties that are in good standing with submitting Benchmarkinq 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 per it fees related to direct costs incurred for Benchmarkinq or retuning purposes pursu t to this Chapter. A property that has been found to have any code violations shall n• qualify. Table 3. 11 Size Maximum Credit of Building-Efficie' cy Related Permit Fees Buildings 500,000 square or Up to $25,000.00 larger Buildings between 100,000 and $10,000.00 - 499,999 square feet Buildings between 20,000 and $5,000.00 i+, 99,999 square feet Sec. 10-159. Sharing of Data. (a) The Director shall make availabl- on a publicly accessible website the Shared Benchmarkinq Information as . fined in Section 10-148 for the previous Calendar Year for each Covered Property. (b) The Shared Benchmarki - q Information for each Covered Property shall be made available to the public %eginning one (1) year after each such property is first required to submit a Benchmar ' q report. (c) The Director wil excluded from etermine if any Benchmarkinq shared summary data shall be ublishinq because it is not in the public's best interest. (d) The City :y provide non-anonymized data from Benchmarkinq or retuning submissions to any U ' ity serving a Covered Property or to any federal, State, County, or City- mana• •d Energy efficiency program, provided that the data will be used only for purp%ses of targeting incentives provided through energy and water efficiency programs an provided that the City has first obtained the Covered Property owner's written or ectronic permission to share the data with the Utility or energy efficiency program. here 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 anonymized. City of Miami File ID: 8727 (Revision: B) Printed On: 5/19/2021 SUBSTITUTED (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) The Director shall make available on a publicly accessible website and update . nnually the following information: 1 No later than December 1, 2023, a report on the Benchmarkinq of I available Covered Properties, including an assessment of accuracy and is- es affecting accuracy, summary energy and water consumption statistics, t -nds observed, and an assessment of changes across the portfolio over tim_, and 2. No later than December 1, 2024, a report on the Benchma inq of all available Covered Properties, including an assessment of complia - ce rates, an assessment of accuracy and issues affecting accuracy summary energy and water consumption statistics, trends observed, and . assessment of changes across the portfolio over time. (b) Beginning in 2029 and every three (3) years thereafte , the Director shall make available on a publicly accessible website a report on the pro• ess of retuning for all Covered Properties, including but not limited to, complianc- rates, trends observed, correlations of Benchmarkinq scores and retuning measure ompleted, the impact of retuning on EUIs and ENERGY STAR® Scores, and reco► mendations on how the uptake of energy and water conservation measures could be ' creased or the implementation of;retuninq could be improved. (c) Nothing in this Ordinance shall preve the Director from including all such information in a combined annual energy and wat= efficiency report covering the progress °of all .Qf. the :ram City's energy and water efficiency .rdinances and programs. ` °-'- Sec. 10-161. Enforcement. (a) It shall be unlawful for an entity or person to fail to comply with the requirettrents if this Ordinance or misrepres-nt any material fact in a document required to be prepared or shared by this Ordina►ce. (b) If the Director det mines that a property owner has failed to report Benchmarkinq information as r- quired under this Ordinance or the owner has submitted incomplete or false Benchm . rkinq information, the Director may refer the owner for enforcement as set forth in Cha er 2, Article X of the City Code, titled "Code Enforcement," and may be brought f. 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 d. for a repeat violation of this Article. The City may also avail itself of any other legremedy available and the use of one enforcement option shall not preclude the use of - nother. No violation shall be issued for non-compliance or failure to submit to the Director a Benchmarkinq report until one year from the first compliance date for Benchmarkinq 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: 5/19/2021 SUBSTITUTED Section 6. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 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 therein. whichever is later. City of Miami File ID: 8727 (Revision: B) Printed On: 5/19/2021 SUBSTITUTED City of Miami Legislation Ordinance File Number: 8727 Final Action ate: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTE 0 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS," TO ADD A NEW ARTICLE XII, TITLED "BUILDING ENER AND WATER CONSUMPTION BENCHMARKING", REQUIRING BUILDINGS •VER 20,000 SQUARE FEET OF GROSS FLOOR AREA TO PERFORM AND REP' RT ANNUAL ENERGY AND WATER BENCHMARKING TO THE CITY OF MIAMI. 'ROVIDING FOR EXEMPTION OF CERTAIN BUILDING TYPES; CONTAINING A S' VERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE riATE. WHEREAS, the City of Miami ("City") desires to raise awar ess of energy performance through information and transparency with a goal of unlocking el -rgy and cost savings opportunities and health benefits for the City's businesses an• esidents; and WHEREAS, Benchmarking of energy and water co sumption is part of committed actions in the Resilient305 unified strategy with Miami-D,de County and the City of Miami Beach as well as in the City's Miami Forever Climate ' ady strategy which was launched in January 2020; and WHEREAS, the City of Miami's 2018 Gr: -nhouse Gas Emission Inventory revealed fifty-two percent (52%) of greenhous gas emissions are from buildings; and WHEREAS, a relatively small num' er of large buildings often account for , considerable portion of a city's energy u-e; and WHEREAS, annual Benchm king of energy and water consumption helpsbuildin p owners, property managers, and f.,cilities' staff establish energy performance baselines, -- monitor performance over time, uide actions to cut waste, and verify energy and Water `ey savings from investments as -II as mitigates carbon emissions; and is WHEREAS, Benc arking data provides summary information about public and private buildings, docu -nting trends in energy and water performance; and WHEREAS, enchmarking allows for a data -based approach to analyzing future energy needs, wh - re improvements can be made, and how to reduce costs, and WHE' AS, more than thirty (30) major United States cities and counties, including New York, Chica;o, Atlanta, Boulder, and Kansas City, have adopted similar requirements, thus demonstr. ing the acceptability, legality, and feasibility of such requirements; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIS 1I, 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: A) Printed On: 4/14/2021 SUBSTITUTED 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 Benchmarkinq and Re Iltnq Ordinance.: ("Ordinance"). Intent. This Article shall be known and may be cited as the City of Mia ► s ("City" Building Energy and Water Consumption Benchmarkinq and Retuning Ordina e and is intended to allow a data -based approach to analyze future energy needs, impre e future usages, eliminate waste, and reduce costs. Sec. 10-148. Definitions. Unless otherwise expressly stated, the following terms s II, for the purpose of this Article, have the meanings indicated in this Section: Aggregated, Whole -Building Data means energy or ater data that has been summed for an entire property, which may include a single occu nt or a group of separately metered tenants. Base Building Systems mean the systems or .ubsystems of a building that use or distribute energy, water, impact energy, and/or water onsumption, including, but not limited to the building's envelope as well as its HVAC 'stems, conveying systems, electrical and lighting systems, on -site generation systems, d.mestic hot water systems, water distribution systems, plumbing fixtures and other water-usi- q equipment, and landscape irrigation systems and water features, including fountains and e Iudinq systems or subsystems that operate industrial applications or processes or any : stems or subsystems in a multifamily residential building appurtenant only to the specifi .welling unit for which the occupant of that unit bears responsibility for its maintence and such usage is measured by a meter or submeter. Benchmark means to inpand submit the total energy and water consumed for a property for the previous calendar ar and other descriptive information for such property as required by the Benchmarkinq T•.I. Total energy and water consumption shall not include separately metered uses that . e not integral to building operations as determined by the Director. Benchmarkinq submission means a subset of information input into the Benchmarkinq Tool and Benchmarki • information generated by the Benchmarkinq Tool as determined by the Director. Benchm. ing Tool means the U.S. Environmental Protection Agency's ("EPA") ENERGY STAR@ 'ortfolio Manager, or any additional or alternative tool adopted by the Director, used to trac . nd 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: A) Printed On: 4/14/2021 SUBSTITUTED 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 th 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 e ept for any property with a single-family home or duplex, a solely residential multi -family bu..: inq of five (5) units or Tess, or any building with an industrial use per designated Standard In. 4strial ., Classification (SIC) codes 20 through 39. Department means the City's Building Department. Director means the Director of the City's Building Department or design - 172 Energy means electricity, natural gas, steam, or other product sold . a utility to a Customer of a property or renewable on -site electricity generation for purposes o providing heatinqr cooling, lighting, water heating, or for powering or fueling other end -use s recorded in the F Benchmarking Tool. ENERGY STAR® Score means the 1-100 numeric rating enerated by the ENERGY STAR® Portfolio Manager tool as a measurement of a building' -nergy efficiency. ENERGY STAR® Portfolio Manager means the too eveloped and maintained by the EPA to track and assess the relative energy performance .f buildings. Financial Hardship (of a property) means that : property: 1, Had arrears of property taxes o special assessments that resulted in the issuance of a tax certificate against the prop- rty within the prior two (2) years; 2. Has a court appointed recei er in control of the asset due to financial distress; 3. Is owned by a financial in itution through default by the borrower; 4. Has been acquired by . •eed in lieu of foreclosure; or 5. Has a senior mortga. - 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 ' e City of Miami, Florida, as amended ("Miami 21 Code"), or any successor Zoning Ordi :nce. Shared Benchmark q Information means information generated by the Benchmarkinq Tool and descriptive infor tion about the physical property and its operational characteristics, which is shared with the .ublic. The information, as defined by the ENERGY STAR® Portfolio Manager glossary, incl des, but is not limited to, descriptive information such as the property's address, primary us_, Gross Floor Area, number of floors, number of years the property has been ENERGY TAR® Certified, and the last approval date, if applicable, as well as energy -related output formation such as site and source energy use intensity, weather normalized site and sour energy use intensity, the ENERGY STAR ®score, where available, total annual qre- nhouse gas emissions, monthly energy use by fuel type, indoor water use and water use i ensity (consumption per gross square foot), outdoor water use (where available), total water se, 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: 4/14/2021 SUBSTITUTED 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 en- qy services for buildings. Sec. 10-149. Applicability. This Ordinance shall apply to all new and existing Covered Properties in accordan'e with the initial compliance timetable set forth in Section 10-138 of the City Code so long - the Benchmarking Tool as selected by the Director remains free to use by memb- of the general public. Sec. 10-150. Procedures. The owner of each Covered Property shall collect and enter data for he previous Glendar dear into the Benchmarkinq Tool. Unless otherwise defined in this Ordiance, the owner -Of each.: Covered Property shall input all data into the Benchmarking To• in a manner that dbnformsto latest guidance provided by the EPA for use of the Benchmar, nq Tool. Whole -building, utility data for the property's energy water and energy use shall b compiled using one or more oFthe following methods: Obtaining Aggregated, Whole -Building Da : from a utility company; Collecting data from all tenants for nonr idential properties; or )c,) Reading a master meter. If the owner of a Covered Property does not • erwise have access to whole -building energy and water data, such property owner shall r • quest Aggregated, Whole -Building Data from each utility that provides energy or water servi to the property and that has made aggregated utility data available to owners before the rep.rting date of that calendar year. When a Utility does not provide whole -building energy or wat r data, the owner of a Covered nonresidential property shall request energy and water dat from tenants or occupants. Each non-residential tenant to . ted in a Covered Property shall, within thirty (30) days of a request by the owner and in •- form to be determined by the Director, provide all information that cannot otherwise be acquir d by the owner and that is needed by the owner to comply with the requirements of this Ordi ' ance. When the owner of . overed Property receives notice that a nonresidential tenant intends to vacate a space wit' in such property and the Utilities do not provide Aggregated, Whole -Building Data, the owner : all request information relating to such tenant's energy and water use for any period of occu►.ncy relevant to the owner's obligation to Benchmark. When a C. ered Property changes ownership, the previous owner shall provide the new owner with all i► ormation needed to Benchmark for the period during which the previous owner was in posse ion of the property. S- . 10-151. Duty to Report Benchmarkinq. 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: A) Printed On: 4/14/2021 SUBSTITUTED 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 such that 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 grope► for the entire calendar year being reported. Before submitting a Benchmarking Submission, the owner shall run all automated datquality checker functions available within the Benchmarkinq Tool and shall verify that all da : 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 missin. or incorrect information as identified by the Benchmarkinq Tool prior to submitting the Ben' marking report to the Director. Where the current owner learns that any information reported as part of e Benchmarkinq Submission is inaccurate or incomplete, the owner shall amend the information so reported within the Benchmarkinq Tool and shall provide the Director with an ,pdated Benohmarkinq Submission within thirty (30) days of learning of the inaccuracy. Sec. 10-152. Benchmarking Requirements. (a) The owner of a Covered Property shall ensure tha or each such property Benchmarkinq report is generated, completed, a submitted to the Directorannually. (b) The Benchmarking reports for each Covere. roperty shall be due by the dates a defined in the following table. Subsequent enchmarkinq reports for each Caverec.'.. Property shall be due by June 30 of eac ear thereafter. Size (Gross Floor Area) Initial Compliance Required by: Buildings 100,000 squar eet June 30, 2022 or larger Buildings between 5 ,000 and June 30, 2023 99,999 square fee Buildings betw en 20,000 and June 30, 2024 49,999 squa feet Sec. 10-153. Benc arkinq Exemptions. (a) Bench : rkinq is not required for a Covered Public Property for the current reporting year i e owner submits documentation with the Director establishing that the property has et 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 City of Miami File ID: 8727 (Revision: A) Printed On: 4/14/2021 SUBSTITUTED 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 th' 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 e applicant, strict compliance with provisions of this Ordinance would ause undue hardship or would not be in the public's interest; 3. The owner notifies the Director that the property is under Finanal Hardshipand provides proof of the same; or ,c 4. The Covered Property may be exempted from electricity B chmarking if nre than fifty percent (50%) of Gross Floor Area is used for r__idential pgP'oseswand i. The property is not master metered or the owner d• -s not have acpess master meters or other means to obtain whole-buil• nq electricity data; and ii. The serving electric utility does not provide c - a aggregation services access to whole -building utility data. Once s 1 services are available -from the Utility as determined by the Director, such • operties will no longer be exempt from Benchmarkinq requirements and sh. I file initial Benchmarking reports in the first required reporting year following s h data availability. (b) Any entity or owner requesting an exemption from Benchmarking shall submit an Annual Benchmarkinq Exemption Request form o the Director by April 1 in the year for which the exemption is being requested. An exemption granted will be limited to the Benchmarkinq Submission for whic he request was made and does not extend to past or future submittals. (c) For each reporting year in whi' an owner files a request for an exemption, the Director shall determine whether tha exemption is approved. Appeal of a determination that a property is not exempt sh- be made within fifteen (15) days of such determination to a review committee comp ed of the Director of the Departments of Resilience and Public Works (or the Supervi-or of Plats in lieu thereof), Zoning, and Planning, the Director, and an Assistant City M. alter as designated by the City Manager. The review committee, acting by majority 'ote, shall either affirm the Director's denial or reverse his/her denial and grant the re-.uested exemption. Sec. 10-154. Ener.: and Water Retuning Requirements. (a) The ow er of each Covered Property 50,000 sq. ft. or above shall ensure that retuning is pe •rmed on the Base Building Systems of each such property in accordance with the sch-•ule requirements of Section 10-156 to ensure that Base Building Systems are ntained, cleaned, and repaired. 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. City of Miami File ID: 8727 (Revision: A) Printed On: 4/14/2021 SUBSTITUTED (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 - e regulated by any City, County, State, or federal law regulating landmarks and storic buildings shall include all additional costs necessary for the proposed retuni • work to comply with such law. (e) Unless otherwise restricted by statute or contract, tenants shall allow • opprtV owners, reasonable access to systems and Utility information, if necessary, t• co ply with! the terms of this Ordinance.;, Sec. 10-155. Energy and Water Retuning Reports. (a) For each Covered Property, a retuning professional shall .mplete, physigally or�ligitally sign, and electronically submit an on-line Retuning Rep• on behalf of the%property owner in accordance with the schedule requirements • Section 10-156. (b) Before submitting the Retuning Report, the qualified etuninq professional shall verify that the energy and water consumption reported i he annual Benchmarkinq reports for the five (5) previous years are accurate. If found o be inaccurate, the qualified professional must identify inaccuracies in the ports and ensure that the data entered in the Benchmarkinq Tool and reported to the ►,!rector is updated prior to submitting the retuning report so that it reflects correct hi- orical electricity and water consumption data. Sec. 10-156. Retuning Schedule. (a) The owner of a Covered Property : all ensure that for each such property retuning is performed, a retuning report is .mpleted and submitted to the Director once every five (5) years with a start date co encinq per Table 2. (b) The retuning reports for e h Covered Property shall be due prior to December 30 of the Calendar Year shown i able 2 as determined by the building's square footage. Table 2. Size Retuning Buildings 50,000 square feet December 1, 2027 and every five (5) years or larq thereafter uildings between 175,000 and December 1, 2028 and every five (5) years 349,999 square feet thereafter Buildings between 100,000 and December 1, 2029 and every five (5) years 174,999 square feet thereafter City of Miami File ID: 8727 (Revision: A) Printed On: 4/14/2021 SUBSTITUTED Buildings between 74,000 and 99,999 square feet Buildings between 50,000 and 74,999 square feet December 1, 2030 and every five (5) years thereafter December 1, 2031 and every five (5) years thereafter (c) An owner may apply for an extension of time to file a retuning report if de:.ite such owner's good faith efforts, to be documented in such application, the o er is unable to complete the required retuning prior to the scheduled due date for su report. The Director may grant no more than one (1) such extension for no mor than one (1) year. (d) The owner of a property that is in Financial Hardship may apply f annual extensions of time to file a retuning report. (e) Extensions granted pursuant to this Section shall not extend e scheduled due dates for subsequent retuning reports. The property owner acknowl and be granted qes that by requesting and receiving an extension the period of time before the prop y's next compliances date will be less than the typical schedule. Sec. 10-157. Retuning Exemption. (a) A retuning report is not required for a Covered roperty for the current repor#i.nq cycle if a qualified professional submits documentati• to the Department in such firm andwith such certifications as required by the Direc .r establishing that the property has mat one (1) of the following conditions: 1. The property is exempt from Bechmarkinq requirements pursuant to -ether: provisions of Section 8. 2. The initial Certificate of Occ years prior to the date wh 3. The property has under pancy for the property was issued less than five (5) n the first retuning would otherwise be due. one substantial rehabilitation, as certified by a registered design professional, hin the five-year period prior to the Calendar Year in which a retuning is • e such that at the commencement of such Calendar Year, all of the Base Bu dinq Systems of such property are in compliance with energy conservation a . efficiency codes of the State, County, and City as applicable, and any State County, and City Codes impacting water consumption in existence a he time this Ordinance takes effect. (b) The energy portiof 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 certifica ons as required by the Director. For each reporting cycle, the Department shall deter ' ne whether an exemption under this Subsection applies to a property. Appeal o determination that a property is not exempt shall be made according to the proced es set forth by the Director Sec. 10-1 Sharing of Data. (a) T' e Director shall make available on a publicly accessible website the Shared enchmarkinq 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 Benchmarking report. City of Miami File ID: 8727 (Revision: A) Printed On: 4/14/2021 SUBSTITUTED (c) The Director will determine if any Benchmarkinq 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, Count , or City -managed Energy efficiency program, provided that the data will be used only f%r purposes of targeting incentives provided through energy and water efficiency pr..rams and provided that the City has first obtained the Covered Property owner's writ n or electronic permission to share the data with the Utility or energy efficiency pr• • ram. Where the property owner's permission can be granted electronically throu acceptance of a default option, the City shall provide a clearly delineated • ption for owners of Covered Properties to choose to opt out of granting this per ► ssion. (e) The City may disclose any retuning data or data from Benchmarki • 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 Retu non -disclosure agreement with the City stipulating terms including assurances that such data shall not be disclo--d receiving such data. Sec. 10-159. Annual Report and Analysis. nq submissions shall sign a r acceptable use of the data, to other entities, before (a) The Director shall make available on a public accessible website and updat`e'annuaily the following information: cr) 1. No later than December 1, 2022, report on the Benchmarkinq of all -available, Covered Pro•erties includin• a, assessment of accurac and issues:affectiri accuracy, summary energy a • water consumption statistics, trends observed and an assessment of cha ,,es across the portfolio over time; and 's 2. No later than December 1 2023, a report on the Benchmarkinq of all available Covered Properties, inc ding an assessment of compliance rates, an assessment of accur- y and issues affecting accuracy, summary energy and water consumption : atistics, trends observed, and an assessment of changes across the portfol'over time. (b) Beginning in 2027 a 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, inclu•q but not limited to, compliance rates, trends observed, correlations of Benchmarki • scores and retuning measures completed, the impact of retuning on EUIs and EN GY STAR® Scores, and recommendations on how the uptake of energy and water •nservation measures could be increased or the implementation of retuning could be ' proved. (c) Noth' ' q in this Ordinance shall prevent the Director from including all such information in a cbined annual energy and water efficiency report covering the progress of all of the y's energy and water efficiency ordinances and programs. Sec. 0-160. 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. City of Miami File ID: 8727 (Revision: A) Printed On: 4/14/2021 SUBSTITUTED (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 owne' in violation of this Article may be fined $250.00 per day for a first-time offense or $51 1.00 per day for a repeat violation of this Article. The City may also avail itself of any ot'er legal remedy available and the use of one enforcement option shall not preclud: he use of another." Section 5. If any section, part of a section, paragraph, clause, phrase, or ord of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall .t be affected. Section 6. This Ordinance shall become effective immediately upo is adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: CO 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 therein. whichever is later. City of Miami File ID: 8727 (Revision: A) Printed On: 4/14/2021