COMMERCIAL BUILDING ENERGY PERFORMANCE REPORTING
Administrative Rule Adopted by Bureau of Planning and Sustainability Pursuant to Rule-Making Authority
What follows are the Table of Contents, Scope, Purpose and Background, and Adoption and Revision of Administrative Rules sections of the manual.
1.0 SCOPE, PURPOSE AND BACKGROUND
2.0 ADOPTION AND REVISION OF ADMINISTRATIVE RULES
3.0 COMMERCIAL BUILDING ENERGY PERFORMANCE REPORTING
3.2 Requirements for Owners of Covered Buildings
3.3 Requirements for Tenants of Covered Buildings
3.4 Requirements for Utilities Serving Covered Buildings
3.5 Compliance and Enforcement
PART 1.0, SCOPE, PURPOSE AND BACKGROUND
These administrative rules are intended to clarify the requirements for commercial building energy reporting within Portland City Code (PCC) Chapter 17.104. PCC Chapter 17.104 seeks to make energy performance in commercial buildings transparent and motivate investment in efficiency improvements that save energy and reduce carbon emissions.
Portland’s Climate Action Plan established goals to reduce carbon emission 40 percent below 1990 levels by 2030 and 80 percent below 1990 levels by 2050. Buildings are the largest source of carbon emissions in Portland. The key Climate Action Plan objective for existing buildings is to reduce the total energy use of buildings built before 2010 by 25 percent before 2030.
Annual energy tracking and reporting of Portland’s largest commercial buildings enables the City to measure and manage progress toward its climate goals. Aggregate, city-wide summary statistics will be made available to the public starting in 2016. Beginning in 2017, the City will annually publish individual building energy performance information for buildings over 50,000 square feet and larger; beginning in 2018, the City will also annually publish this information for buildings between 20,000 to 50,000 square feet.
PART 2.0, ADOPTION AND REVISION OF ADMINISTRATIVE RULES
A. Director's Authority to Adopt Rules
The Director of the Bureau of Planning and Sustainability (BPS) may adopt rules, procedures and forms to implement PCC Chapter 17.104.
B. Adoption and Revision of Rules
1. Any rule adopted or revised according to the authority of the City Code shall require a public review process. Not less than 10 nor more than 30 days before such public review process, notice shall be given by publication in a newspaper of general local circulation. Such notice shall include the place, time, and purpose of the public review process and the location at which copies of the full set of the proposed rules may be obtained.
2. During the public review, the Director or the Director's designee shall hear testimony or receive written comment concerning the proposed rules. The Director shall review the recommendations, taking into consideration the comments received during the public review process and shall either adopt the proposed rule, modify the proposed rule or reject the comments.
If a substantial modification is made, additional public review shall be conducted, but no additional notice shall be required if such additional review is announced at the meeting at which the modification is made. The Director or the Director’s designee shall determine whether a modification is substantial or not. Unless otherwise stated, all rules shall be effective upon adoption by the Director and shall be filed in the Office of the Director.
3. Notwithstanding paragraphs 1. and 2. of this section, an interim rule may be adopted by the Director without prior notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties, including the specific reasons for such prejudice. Any rule adopted pursuant to this paragraph shall be effective for a period of not longer than one year (365 days). Within five business days of the adoption of such interim rule, BPS staff shall send notice of the rule change and invite comments by email from Neighborhood Coalitions, Neighborhood Business Associations, and persons on the BPS list of parties interested in commercial administrative rules.
Amended by Director of Bureau of Planning and Sustainability and effective February 22, 2018.
Adopted by Director of Bureau of Planning and Sustainability and effective October 8, 2015.
Filed for inclusion in PPD October 8, 2015.