DC Proposes Penalties for Failure to Comply with New Building Energy Performance Standards | Insights – Holland & Knight

by | May 2, 2022 | Energy

The District of Columbia Department of Energy & Environment (DOEE) has published a Notice of Proposed Rulemaking (Proposed Rule) to adopt Building Energy Performance Standards (BEPS) Program Infractions as amendments to Chapter 40 of Title 16 of the D.C. Municipal Regulations (DCMR). The Proposed Rule, issued on April 14, 2022, would establish a schedule of civil infractions for violations of the District’s BEPS Program.
The BEPS Program was created under Title III of the Clean Energy DC Omnibus Amendment Act of 2018 (CEDC Act) to increase energy performance in existing buildings in furtherance of the District’s goal of reducing greenhouse gas emissions and energy consumption by 50 percent by 2032. To accomplish this goal, the CEDC Act directed DOEE to establish property types and corresponding BEPS for each property type to set a minimum threshold for energy performance.
As of 2022, the BEPS apply to all privately owned commercial and multifamily buildings of more than 25,000 gross square feet. By 2025, all privately owned buildings over 10,000 square feet will be subject to the BEPS Program. Buildings that meet these size thresholds are required to benchmark their energy use and demonstrate energy performance above a DOEE-established baseline. Properties that do not demonstrate compliance with t …

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