HomeMy WebLinkAboutordinance.council.005-2022ORDINANCE NO.05
(SERIES OF 2022)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING TITLE 8 OF THE ASPEN MUNICIPAL CODE TO ADD A NEW CHAPTER
ENTITLED: "8.60"
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 City committed to the Race to Zero campaign, requiring the City to publicly endorse the
following principles:
■ Recognize the global climate emergency.
■ Commit to keeping global heating below the 1.5° Celsius goal of the Paris Agreement.
■ Commit to putting inclusive climate action at the center of all urban decision -making, to
create thriving and equitable communities for everyone.
• Invite our partners — political leaders, CEOs, trade unions, investors, and civil society — to
join us in recognizing the global climate emergency and help us deliver on science -based
action to overcome it; and,
WHEREAS, the City has adopted an Ecological Bill of Rights establishing ten inalienable ecological
rights for all, including:
• The right to ensure the efficient use of energy and of natural resources,
• The right to expect from our governments active and consistent enforcement of land use and
development regulations; and,
WHEREAS, Aspen City Council established science -based targets of reducing community greenhouse
gas (GHG) emissions 63% by 2030 and 100% by 2050, all below 2017 levels; and
WHEREAS, even with Aspen Electric sourcing 100% of its electricity from renewable sources; the local
adoption of national energy codes leading to high levels of efficiency in new construction and major
renovation; and current, voluntary energy efficiency programs, the Aspen community is still not reducing
GHG emissions fast enough to reach its goals; and
WHEREAS, buildings account for the majority of GHG emissions in Aspen, amounting to 57% of
Aspen's total emissions in 2020; and
WHEREAS, many building owners have made proactive efforts to reduce the energy use and greenhouse
gas emissions of their buildings, yet more remains to be done to help the City meet its greenhouse gas
reduction goals; and
WHEREAS, in order to have a significant impact on community -wide energy use and GHG emissions in
the coming decades, it is imperative that efficiency savings be achieved in existing buildings; and
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WHERAS, the Aspen City Council believes that tenants and building owners should be aware of the
amount of energy and water being used in their current and prospective spaces, and that a requirement to
track energy and water use is appropriate to raise awareness and spur necessary reduction actions; and
WHEREAS, the 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
businesses and residents and enabling the real estate market to place value on energy efficiency; and
WHEREAS, more than 40 U.S. cities and counties, including climate action leaders in Colorado, have
adopted and implemented building energy reporting and disclosure requirements, thus demonstrating the
high impact potential and feasibility of such requirements; and,
WHEREAS, eight U.S. cities and states, including climate action leaders in Colorado, have adopted
building performance standards as a key policy tool to achieve greenhouse gas emissions in the buildings
sector; and
WHEREAS, reduction actions in the form of cost-effective energy efficiency improvements can reduce
business operating costs, improve indoor comfort, and limit air pollution from the burning of fossil fuels
and energy benchmarking enables building owners to make more data -driven decisions about
improvements; and
WHEREAS, benchmarking and building performance standards will support job growth in the Roaring
Fork Valley, cultivate a high performing, sustainable building stock for the community, and contribute
significant progress towards achieving the City's greenhouse gas reduction targets to the reduction of the
community's greenhouse gas emissions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO:
That Title 8 of the Municipal Code of the City of Aspen is hereby amended by the addition of a new
Chapter 8.60 which Chapter shall read as follows:
Chapter 8.60
Sec.8.60.010 Purpose.
The chapter's purpose is to require covered property owners to address existing property performance
through energy and water benchmarking and a building performance standard, to reduce greenhouse gas
emissions from the built environment, and to further the City of Aspen's climate action goal of zero
greenhouse gas emissions by 2050.
Sec.8.60.020 Definitions.
(a) Aggregated, whole -building data means electric, water, or gas meter data from which any unique
identifier or other personal information has been removed and that a qualifying utility collects and
aggregates in at least monthly intervals for an entire covered building.
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(b) Assessment means a property and utility data evaluation conducted by a qualified analyst including
but not limited to:
(1) a collection and analysis of all the property's utility bills
(2) an assignment of metered uses to their appropriate physical spaces, and
(3) an analysis of historic utility usage, peak demand (if applicable), and energy costs.
(4) a report with accurate utility data for input into the ENERGY STAR® Portfolio Manager tool
(c) Baseline year means, for any individual property, the first calendar year such property is required to
benchmark.
(d) Benchmarking means the act of inputting and submitting 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 benchmarking tool.
(e) Benchmarking report means a subset of:
(1) Information input into the benchmarking tool in accordance with the definition of
benchmarking; and
(2) Benchmarking information generated by the benchmarking tool, as determined by the
Director of Environmental Health and Sustainability.
(f) Benchmarking submission means the collection of a covered property's contact information and a
property's benchmarking report that is submitted to the Director of Environmental Health and
Sustainability to be compliant with the requirements of this Chapter.
(g) Benchmarking tool means the U.S. Environmental Protection Agency's 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.
(h) BPS -covered building means any building or property that is required to comply with a building
performance standard, as described in Sec. 8.60.120.
(i) Commercial property means a structure or multiple structures intended to support offices, retail,
warehousing, manufacturing, parking, health services, commercial recreation, restaurantibar or
service -oriented businesses, lodge units or hotel units.
(j) Condominium means a commercial or multifamily property that combines separate ownership of
individual units with common ownership of other elements such as common areas.
(k) Covered City property means a property that is subject to the requirements of this Chapter and is
owned by the City or for which the City regularly pays all or part of the annual energy and/or water
bills.
(1) Covered non -city property means a commercial or multifamily residential property, other than a
covered City property, that is subject to the requirements of this Chapter.
(m) Covered property means any covered city property or covered non -city property that:
(1) Meets the definition of Property, as defined below, and is subject to the requirements of this
Chapter;
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(2) Contains a gross floor area described in one of thresholds in Sec. 8.60.030 "Applicability and
Benchmarking Schedule";
(3) Is located within the limits of the City of Aspen
EXCEPTIONS: The following properties are not considered to be covered properties, and are not
subject to any of the requirements of this Chapter:
(1) Single family, duplex, and triplex residential homes and related accessory structures, or any
other residential building with fewer than 4 customer accounts or meters per utility;
(2) Properties classified as industrial per designated Standard Industrial Classification (SIC)
codes 20 through 39;
(3) Other types of buildings not meeting the purpose of this Chapter, as determined by the
Director of Environmental Health and Sustainability.
(n) Data aggregation threshold means the minimum number of customer meters associated with a
covered property for which the utility may provide the owner of the covered property with aggregated
data upon request without require each customer's consent to have the customer's energy and water
use data accessed or shared.
(o) Director means the Director of Environmental Health and Sustainability.
(p) Energy means electricity, natural gas, steam, heating oil, or other product sold by a utility to a
customer of a property for purposes of providing heating, cooling, lighting, water heating, or for
powering or fueling other end -uses captured by the benchmarking tool.
(q) Financial hardship (of a property) means that a property:
(1) Has a court appointed receiver in control of the asset due to financial distress; or
(2) Is owned by a financial institution through default by the borrower; or
(3) Has been acquired by a deed in lieu of foreclosure; or
(4) Has a senior mortgage subject to a notice of default.
(r) Gross Floor Area means the total square footage of a Property, as measured between the exterior
walls of the building(s). This includes all finished areas inside the building(s) including supporting
areas, including but not limited to lobbies, tenant areas, common areas, meeting rooms, break rooms,
atriums (count the base level only), restrooms, elevator shafts, stairwells, mechanical equipment
areas, basements, and storage rooms.
(s) Initial Reporting Date means the first date and year by which a building is required to provide a
benchmarking submission to the City of Aspen.
(t) Multifamily property means an individual building, or campus of buildings, that contains multiple,
separate residential living units. Units in these buildings may be occupied by the following types of
residents:
(1) Tenants;,
(2) Cooperators; or
(3) Individual owners.
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(u) Owner means any of the following:
(1) A person or entity in whom is vested the ownership or Title, either in whole or in part, of a
building, structure or land or a part thereof;
(2) The board of the owners' association, in the case of a condominium;
(3) The master association, in the case of a condominium where the powers of an owners'
association are exercised by or delegated to a master association;
(4) The board of directors, in the case of a cooperative apartment corporation; or
(5) An agent authorized to act on behalf of any of the above.
(v) Property means any of the following:
(1) Any building(s) with roofs) supported by walls and intended to act as an enclosure or shelter
for persons, animals, or property of any kind;
(2) A single building;
(3) One or more building(s) held in the condominium form of ownership, and governed by a
single board of managers; or
(4) A campus of two or more contiguous buildings which are owned and operated by the same
party, and have a single shared primary function, such as multifamily housing, K-12 schools,
hospitals, hotels, and senior living facilities.
(w) Qualified assessor means an individual who possesses qualifications to perform or directly supervise
individuals performing energy and water assessments on a property, and to verify benchmarking
reports required by this ordinance. The qualified assessor must be an employee or contractor hired by
the reporting entity, an employee of a utility, or a third -party service provider, and possess one or
more of the following certifications:
(1) Certified Energy Auditor (CEA), issued by The Association of Energy Engineers (AEE);
(2) Professional Engineer (PE);
(3) Registered Architect;
(4) Certified Energy Manager (CEM), issued by The Association of Energy Engineers (AEE);
(5) System Maintenance Administrator (SMA) or System Maintenance Technician (SMT),
issued by Building Owners and Managers Institute (BOMI) International;
(6) Additional qualified certifications as the Director deems appropriate.
(x) 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 City of Aspen. The information, as defined by the ENERGY STAR Portfolio Manager
glossary, shall include, but need not be limited to:
(1) Descriptive information:
(1) Property address;
(2) Primary use;
(3) Gross floor area;
(4) Number of years the property has been ENERGY STAR® Certified and the last
approval date, if applicable.
(2) Output information:
(1) Site and source energy use intensity (consumption per gross square foot);
(2) Weather normalized site and source energy use intensity;
(3) The ENERGY STAR score, where available;
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(4) Total annual greenhouse gas emissions;
(5) Monthly energy use, by fuel type;
(6) Total energy use;
(7) Monthly outdoor water use (where available);
(8) Total water use;
(9) The ENERGY STAR Water Score, where available; and
(10) General comments section, if needed, to explain the building's ENERGY STAR scores
or energy use intensity values.
(3) Compliance or noncompliance status.
(y) Space means an area within a building enclosed by floor to ceiling walls, partitions, windows, and
doors.
(z) Tenant means a person or entity occupying or holding possession of a building, part of a building or
premises pursuant to a rental agreement.
(aa) Utility means an entity that distributes and sells natural gas, electric, water or thermal energy services
for buildings.
Sec. 8.60.030 Applicability and Benchmarking Schedule.
(a) The provisions of this Chapter shall apply to owncrs of covered properties with a gross floor area as
outlined in Table 1 below. The owner of a covered property shall ensure that for each such property a
benchmarking report is generated, completed, and submitted to the Director of Environmental Health
and Sustainability through a data request through ENERGY STAR® Portfolio Manager annually on
or before the reporting date.
(b) The first completed benchmarking report for each covered property shall be filed in accordance with
the schedule in the following table. Subsequent benchmarking reports for each covered property shall
be due by June I' of each year thereafter.
Table 1: Benchmarking Schedule
Sector
Property
Initial Reporting Date
Covered City
Properties
All covered City properties
June 30, 2022
Covered Non-
city Properties
Covered Commercial properties > 20k sq. ft.
December 1, 2022
Covered Commercial properties >_ 15k sq. ft.
June 1, 2023
Covered Commercial properties >_ 1 Ok sq. ft.
June 1, 2024
Covered Commercial properties > 5k sq. ft.
June 1, 2025
Covered Multifamily properties > 20k sq. ft.
June 1, 2024
Covered Multifamily properties > 15k sq. ft.
June 1, 2025
(c) No report shall be required in the first twelve months after issnance of an initial certificate of
occupancy.
(d) All covered commercial properties > 20k sq. ft. shall complete an assessment as defined in Sec.
8.60.020 prior to their first benchmarking submission to the City. The purpose of the property
assessments is to ensure quality, verifiable data is inputted into ENERGY STAR® Portfolio Manager
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beginning the first year of benchmarking, which will help inform the City's future energy efficiency
programming. The assessments, if done through the Community Office for Resource Efficiency
(CORE), will be of no cost to the property owner per the existing energy efficiency programming
partnership between CORE and the City of Aspen. If the property has completed an assessment
within five years of the first benchmarking reporting date, the property is considered to have met this
requirement when proof of the completed assessment is provided to the Director. Should the property
owner wish to conduct the assessment through a different vendor, the property owner shall incur the
cost of said assessment.
Sec. 8.60.040 Benchmarking Requirements on Owner of Covered Properly.
(a) Each year the owner of each covered property shall collect and enter all data needed to benchmark the
entire property for the previous calendar year into the benchmarking tool, in a manner that conforms
to latest guidance provided by the U.S. Environmental Protection Agency for use of the tool.
Aggregated whole -building data for the property's energy and water use shall be compiled using one
or more of the following methods:
(1) Obtaining aggregated whole -building data from a utility;
(2) Collecting data from all tenants;
(3) Reading master meter data;
(b) For the City of Aspen Utilities, the data aggregation threshold is set at four (4). For properties with
four or more meters per utility, with the exception of cases in which aggregated data can be used to
identify an individual user, Aspen Utilities will provide aggregated energy and water data for the
entire property to the property owner and does not require individualized consent from each meter
customer to do so.
(c) If the owner of a covered property does not have access to aggregated whole -building energy and
water data, such property owner shall request aggregated whole -building data from each utility that
provides energy and/or water service to the property. In the event that a utility does not provide
aggregated whole -building energy or water data, the owner of a covered property shall request energy
and water data from tenants as per the provisions in the remainder of this section.
(d) Each nonresidential tenant located in a covered property shall, within 30 days of a request by the
owner and in a form provided on the Department of Environmental Health and Sustainability's
website, 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.
(e) 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 energy and
water 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. Such tenant shall report such
information to the owner of the covered property within 30 days of a request by the owner.
(f) Nothing in this Chapter shall be construed to permit a property owner to use tenant energy usage data
for purposes other than compliance with benchmarking report requirements, nor shall the reporting
requirements of this Chapter be construed to excuse property owners from compliance with federal or
state laws governing direct access to tenant utility data from the responsible utility.
Sec. 8.60.050 Benchmarking Reporting.
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(a) For every covered property subject to this Chapter, the owner shall annually utilize the benchmarking
tool to submit to the Director of Environmental Health and Sustainability a benchmarking
submission, by the date specified in 8.60.030 "Applicability and Benchmarking Schedule."
(b) The information included in the annual energy and water benchmarking report shall include, at a
minimum, the shared benchmarking information, as defined in Sec. 8.60.020, for the previous
calendar year.
(c) The owner of each covered property shall enter data into the benchmarking tool such that the
benchmarking report shall be based on the aggregated total energy and water consumed by the whole
property for the entire calendar year being reported.
(d) Before submitting a benchmarking report the owner shall run the Data Quality Checker available
within the benchmarking tool and shall verify that all data has been accurately entered into the tool.
For the benchmarking report to be considered in compliance with this Chapter, the owner shall
correct all missing or incorrect information as identified by the data quality control mechanisms prior
to submitting the benchmarking report to the Director of Environmental Health and Sustainability.
(e) Where the current owner learns that any information reported as part of the benchmarking submission
is inaccurate or incomplete, the owner shall amend the information reported within the benchmarking
tool and shall provide the Director of Environmental Health and Sustainability with an updated
benchmarking submission within 30 days of learning of the inaccuracy.
Sec. 8.60.060 Requirements Upon Sale or Lease of a Covered Property.
(a) If a covered property changes ownership, at time of transfer, the former owner shall furnish an
electronic copy to the new owner the record representing the covered property within the
benchmarking tool; utility customer consent documentation, if any; the request to a qualified utility
for aggregated data, if any; and any other information about the property that is necessary for
benchmarking the covered property.
Sec. 8.60.070 Notification and Posting.
(a) By June 1, 2022, and December 1 of each year prior to a year in which benchmarking submissions are
due, the Department of Environmental Health and Sustainability shall publicly post a list of all
covered properties that must provide a benchmarking submission to the Department of Environmental
Health and Sustainability during the following year.
(b) By June 1, 2022, and between January 1 and March 1 of each year after, for at least the first three
years during which an owner is required to provide a benchmarking submission, the Department of
Environmental Health and Sustainability shall attempt to notify those owners of their obligation to
benchmark via direct mail, electronically via email, or through a public posting on a web site.
(c) Failure of the Department of Environmental Health and Sustainability to notify any owner shall not
affect the obligation of such owner to complete and submit their benchmarking reports and
performance verification.
Sec. 8.60.080 Sharing and Public Reporting of Data.
(a) Beginning no later than January 30, 2023, and every year thereafter, the Department of
Environmental Health and Sustainability shall make available on a publicly accessible website an
annual report on the collective benchmarking data of all covered properties. The report shall include a
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summary of energy and water consumption statistics, and an assessment of compliance rates,
accuracy and issues affecting accuracy, changes across the portfolio over time, and trends observed.
(b) The Director will determine if any benchmarking shared summary data shall be excluded from
publishing because it is not in the public interest.
Sec. 8.60.090 Maintenance of Records.
(a) Owners shall maintain the records necessary for carrying out the purposes of this ordinance, including
but not limited to the energy and water bills and reports or forms received from tenants and/or
utilities. Such records shall be preserved for a period of five years. At the request of the Director of
Environmental Health and Sustainability, such records shall be made available for inspection and
audit by the Department of Environmental Health and Sustainability within 30 days.
(b) The Department of Environmental Health and Sustainability reserves the right to spot check records
as it deems necessary to evaluate the efficacy of this Ordinance. Records shall be provided to the
Director of Environmental Health and Sustainability upon written request within 30 days.
Sec. 8.60.100 Exemptions and Time Extensions
(a) Benchmarking is not required for a covered City property for the current reporting year if the owner
submits documentation to the Director of Environmental Health and Sustainability, in such form and
with such certifications as required by the Director of Environmental Health and Sustainability,
establishing that the property met one or more of the following conditions for the calendar year to be
benchmarked:
(1) The property did not have a Certificate of Occupation or temporary Certificate of Occupation
for that full year;
(2) A demolition permit for the entire building was issued during that year, provided that
demolition work commenced, and legal occupancy was no longer possible prior to end of that
year;
(3) The property did not receive energy or water utility services for at least 30 days during that
year;
(4) Due to special circumstances unique to the property, strict compliance with provisions of this
ordinance would not be in the public interest.
(b) Benchmarking is not required for a covered non -city property for the current reporting year if an
owner submits documentation to the Director of Environmental Health and Sustainability, in such
form and with such certifications as required by the Director of Environmental Health and
Sustainability, establishing that the property has met one or more of the following conditions:
(1) It meets any of the exemptions defined for a covered City property;
(2) 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;
(3) The property is experiencing financial hardship;
(c) Any owner requesting an exemption from the requirements set forth in this Chapter shall, by March 1
in years for which the exemption is being requested, submit to the Director of Environmental Health
and Sustainability through the City's website any documentation reasonably necessary to substantiate
the request or otherwise assist the Director of Environmental Health and Sustainability in the
exemption determination. For Covered Commercial properties > 20k sq. ft. in their first year of
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benchmarking, this date shall be September 1, 2022. Any exemption granted will be limited to the
benchmarking submission for which the request was made and does not extend to past or future
submittals.
(d) An owner may apply for a time extension to complete and submit a benchmarking report if, despite
such owner's good faith efforts, they are unable to complete the required actions prior to the
scheduled due date because of the failure of either a utility provider or a tenant (or both) to provide
the owner with information needed to complete this report. The owner requesting an extension shall
submit to the Director of Environmental Health and Sustainability through the City's website any
documentation reasonably necessary to substantiate the request or otherwise assist the Director of
Environmental Health and Sustainability in the determination. For each property, the Director of
Environmental Health and Sustainability may grant no more than two such extensions per year of no
more than 30 days each.
Sec. 8.60.110 Violations and Enforcement
(a) It shall be unlawful for any entity or person to fail to comply with the requirements of this Chapter or
intentionally misrepresent any material fact in a document required to be prepared or shared by this
Chapter.
(b) If the Director of Environmental Health and Sustainability or designee determines that a violation has
occurred, a written warning shall be issued to the owner for the initial violation, and the owner shall
have 30 days from the date of issuance of the written warning to remedy the violation.
(c) The Department of Environmental Health and Sustainability shall issue a complaint and summons
into Municipal Court if owner fails to comply with the reporting requirements within 30 days of
issuance of the written warning.
(d) Violations of any of the requirements of this act shall subject the Owner of a covered building to the
penalties set forth in this Section.
(1) One -hundred dollars ($100) for the first offense;
(2) Two hundred dollars ($200) for the second offense;
(3) For the third and all subsequent offenses there shall be a mandatory Court appearance
and such penalty as may be determined by the Court pursuant to Section 1.04.080.
(e) Failure to comply with this Chapter in any calendar year shall constitute a single violation in any
calendar year. Each year of non-compliance shall constitute a separate offense punishable upon
conviction pursuant to this Section and Section 1.04.080.
(f) Any penalties collected pursuant to this section as a result of noncompliance with this ordinance shall
be transferred to the Renewable Energy Mitigation Program for reallocation into community energy
efficiency projects.
Sec. 8.60.120 Building Performance Standards
(a) Pursuant to the powers and authority conferred by the Charter of the City, the Department of
Environmental Health and Sustainability shall develop proposed building performance standard
guidelines to be considered and adopted by City Council on or before October 1, 2023. The Building
Performance Standards shall address following:
(1) Performance standards for each property type that contributes to a reduction in community
greenhouse gas emissions of 63% by 2030 and achieves 100% emissions (zero carbon) by
2050, consistent with the City of Aspen's science -based targets.
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(2) The years by which final and interim performance standards must be reached, before and
including the year 2035.
(3) The chief performance metric or metrics.
(4) The process for advising, soliciting public input on, and making recommendations to Council
on performance standards for 2040 and 2050
(5) The definition of BPS -covered buildings required to reach the final and interim building
performance standards.
(6) The baseline metric for covered buildings with consideration of building type and
benchmarking and other energy data.
(7) Alternate compliance options by rule that add flexibility for BPS -covered building owners
while achieving the same end goal. Such options shall include, but are not limited to, a
process to adjust timing for meeting the established building performance standards, a
process to adjust the end goal due to a building use or inherent characteristic of the building,
and prescriptive options.
(8) Violations and enforcement for buildings that do not meet their set building performance
standards by the established required dates.
(b) In the development of the building performance standard guidelines, the Department of
Environmental Health and Sustainability shall:
(1) Solicit feedback from a broad range of industries, property owners, building users, climate
organizations, environmental justice groups, and the community at large
(2) Examine property types with unique energy needs
(c) In addition, the Department of Environmental Health and Sustainability may consider making
recommendations related to:
(1) Workforce availability and development related to building energy performance
(2) Financial and nonfinancial costs and benefits of upgraded building energy performance
(3) Availability of programs, technical assistance, and incentives to support property owners
(4) How regulations and support could help ensure property owners avoid fines through
compliance with performance standards
See.8.60.130 Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance 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.
Sec. 8.60.140 Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the
same shall be construed and concluded under such prior ordinances.
Sec. 8.60.150 Effective Date.
This ordinance shall take effect on June 1, 2022.
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INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the
City of Aspen on the 22°d day of March, 2022.
ATTEST:
Nicole HACity Tone, Mayor
FINALLY, adopted, passed and approved this 121 day of April, 2022.
Ni= IVA
,--
ATTEST:
Nicole Henning, City Clerk
APPROVED AS TO FORM:
ames R. True, City Attorney
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