HomeMy WebLinkAboutresolution.council.021-22 RESOLUTION NO. 021
SERIES OF 2022
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING
POLICIES AUTHORIZING AMENDMENTS TO THE BUILDINGS AND
BUILDING REGULATION CODE TO INCLUDE ENERGY AND WATER
BENCHMARKING AND BUILDING PERFORMANCE STANDARDS IN
SUPPORT OF CITY COUNCIL'S CLIMATE GOALS
WHEREAS,human activities are undeniably the primary cause of climate change
and continue to exacerbate the global climate emergency; and,
WHEREAS,the City of Aspen recognizes that anthropogenic climate change and the
impacts to the ecological and economic health of the community constitutes an emergency
and a threat to the health and safety of the residents of the City of Aspen and the global
community; and,
WHEREAS, the City of Aspen is a signatory to the US Mayors Climate Protection
Agreement,the Chicago Climate Exchange,and the Global Covenant of Mayors for Climate
and Energy, and
WHEREAS, the impacts from climate change are already evident in Aspen
including hotter temperatures, shifting rain and show patterns, and more precipitation
arriving as rain rather than snow; and,
WHEREAS,the citizens and building owners of the City of Aspen have long held
environmental stewardship as a community value,and are actively seeking ways to reduce
their greenhouse gas emissions; and,
WHEREAS,Aspen's greenhouse gas emissions caused by all activities occurring
in the community including the growing population of full-time and part-time residents,
visitors, and commuters are contributing to this climate reality; and,
WHEREAS, the built environment accounts for 57% of the Aspen community's
greenhouse gas emissions; and,
WHEREAS, actions to reduce climate changing greenhouse gas emissions are
required to prevent the worst impacts to the Aspen community and ecology; and,
WHEREAS, to address the climate emergency and support community
sustainability, the City of Aspen has adopted science-based targets committing the City
and the community to a 63%reduction of 2017 emissions by 2030 and 100%reduction of
emissions by 2050; and,
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WHEREAS, City Council adopted Resolution #76 - Series 2021, which
established a Carbon Goal and set City Council's top climate action priorities; and,
WHEREAS, combining energy and water benchmarking and a building
performance standard (BPS) provides an effective and flexible pathway for buildings to
realize energy savings and emissions reductions; and,
WHEREAS, Aspen's Climate Action Plan highlights amendments to Title 8 —
Buildings and Building Regulations as well as benchmarking and BPS as the most
impactful steps Aspen can take to achieve its carbon reduction goals; and,
WHEREAS, during a work session on December 13, 2021, Climate Action staff
received direction from City Council to draft targeted amendments to the Buildings and
Building Regulations Code related to energy and water benchmarking and BPS; and,
WHEREAS, amending the Buildings and Building Regulations Code as described
below will ensure the ongoing effectiveness and viability of the regulations within the City of
Aspen Buildings and Building Regulations Code to achieve City Council's climate and
building energy and water efficiency policy; and,
WHEREAS,increasing the resource efficiency of Aspen's existing building stock is
essential in the maintenance of a sustainable community and the regulations and standards in
the Buildings and Building Regulations Code provide important tools in the increase of
building energy efficiency within the City of Aspen;and,
WHEREAS, City of Aspen staff and departments, including the Community
Development and Utility Department, following approval of this Policy Resolution will
conduct ongoing community engagement with the public, property owners, and members
of the development community; and will propose an Ordinance to be considered at First
and Second Reading; and,
WHEREAS,this Resolution does not amend the Buildings and Building Regulations
Code, but provides direction to staff for amending the Buildings and Building Regulations
Code;and,
WHEREAS,the City Council finds that this Resolution furthers and is necessary for
the promotion of public health,safety,and welfare and in alignment with City Council's goals.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Overall Code Amendment Obiectives
The objectives of these code amendments are to:
1. Align City Council's policies and regulations in the Buildings and Building
Regulations Code more closely with climate goals.
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2. Add enforceable regulations to reduce the resource use of Aspen's built environment.
3. Continue implementation of meaningful greenhouse gas emissions reductions in
support of the community's climate action goals.
4. More directly recognize the importance of building energy and water efficiency in the
path to net zero carbon.
5. Improve policies to further encourage energy and water efficiencies in commercial
and multi-family buildings.
6. Partner with building owners on achieving common goals of tracking and reducing
energy and water consumption, realizing savings, and advancing efficient, high-
performing buildings
7. Gather crucial data to better serve customers,develop high quality programs,and plan
for the future.
8. Maintain a high-performing, sustainable building stock for the Aspen community.
Section 2: Tonics for Potential Code Amendments
Titles 8, 13, and 26 of the City of Aspen Municipal Code may be amended to include the
following:
1. Energy and Water Benchmarking Requirements for commercial and multi-family
buildings (Phase 1: data tracking):
a. Requires property owners to annually track energy and water consumption
and report it to the City using a free online tool.
b. Creates a consistent and streamlined process for tracking and analyzing
community building performance and consumption patterns.
c. Build customer service capacity to support property owners in program
participation.
2. Building Performance Standard Requirements for commercial and multi-family
buildings (Phase 2: carbon reduction):
a. Requires property owners to meet an established building performance
(efficiency)standard for their building type to meet the City's climate goals
b. Directs staff, led by community stakeholders, to develop the specific
standards to be brought back in the form of BPS Guidelines for Council
consideration and approval.
Section 3: Other Amendments as Necessary
Other amendments may be required to ensure coordination between other sections in the
Buildings and Building Regulations Code which may not have been anticipated.
Section 4•
This resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided,and the same shall be conducted and concluded under
such prior resolutions or ordinances.
Section 5•
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If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct, and independent provision and shall not affect the validity of
the remaining portions thereof.
FINALLY,adopted this 22nd day of February 2022.
Torre,Mayor
TEST: APPROVED AS TO FORM:
Nicole Henning, City Clek, ames R True,City Attorney
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