Chicago Energy Benchmarking Ordinance

City of Chicago Ordinance SO2017-7060

Amendment of Municipal Code Chapter 18-14: Energy Benchmarking and Performance Rating System

Passed: October 11, 2017
Sponsor: Mayor Rahm Emanuel
Committee Assignment: Committee on Zoning, Landmarks and Building Standards
Effective Date: 180 days after passage and publication

🔹 Purpose

To improve energy efficiency transparency and accountability in large buildings by:

  • Requiring annual energy and water benchmarking.

  • Implementing a standardized energy performance rating system.

  • Mandating public disclosure and tenant notification.

🔹 Key Definitions

  • Benchmarking: Tracking and inputting 12 months of energy, water, and building data into a benchmarking tool (e.g., ENERGY STAR Portfolio Manager).

  • Energy Performance Score: A 1–100 score comparing a building’s energy use to similar buildings.

  • Energy Use Intensity (EUI): Energy consumption per square foot.

  • Covered Buildings:

    • Group 1: ≥250,000 sq ft.

    • Group 2: 50,000–249,999 sq ft.

🔹 Tenant Data Requirements (Sec. 18-14-101.4)

  • Owners must request tenant energy data by March 1 of each benchmarking year.

  • Tenants must respond within 30 days.

  • Owners must benchmark using all available data, even if tenants do not comply.

  • Tenant non-compliance does not exempt owners but may create a rebuttable presumption of delay.

  • Owners are considered compliant if they:

    1. Prove they requested the data.

    2. Benchmark using all other available information.

🔹 Benchmarking Requirements (Sec. 18-14-102.1)

  • Annual benchmarking is mandatory for covered buildings.

  • Data must be retained for 3 years.

  • Exemptions may be granted for:

    • Financial distress (e.g., tax lien, receivership, foreclosure).

    • <50% occupancy during the year.

    • New construction (CO issued that year).

    • Ownership change during the year.

🔹 Energy Performance Rating System (Sec. 18-14-102.3)

Star Ratings (Effective 2019):

  • ★★★★ (4 Stars): Score 81–100, or 61–80 with 10-point improvement over 2 years.

  • ★★★ (3 Stars): Score 61–80, or 41–60 with 10-point improvement.

  • ★★ (2 Stars): Score 41–60, or 11–40 with 10-point improvement.

  • ★ (1 Star): Score below 40.

  • 0 Stars: Failure to submit benchmarking data.

  • ½ Star: May be added for near-threshold performance.

No Rating Assigned If:

  • Building is exempt from benchmarking.

  • Technical limitations prevent scoring.

  • Infrastructure prevents energy improvements.

🔹 Disclosure & Posting Requirements

  • Energy Rating Cards must be visibly posted in the building.

  • Disclosure Required in:

    • Lease/sale agreements.

    • Advertisements (unless exempt).

  • Tenants/buyers must acknowledge receipt of energy rating or score.

🔹 Water Usage Data

  • The Water Management Commissioner may share water usage data unless owners opt out.

  • Public disclosure of water data is optional for owners.

🔹 Public Disclosure Rules

  • Benchmarking data and ratings will be made public, with exceptions:

    • First-year data.

    • Buildings with >10% data center, TV studio, or trading floor space.

    • Six-month delay for initial ratings.

For full ordinance requirements and information see:

https://www.chicago.gov/city/en/progs/env/building-energy-benchmarking---transparency.html

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Local Law 84: NYC Benchmarking Law