HomeMy WebLinkAboutordinance.council.16-2023ORDINANCE No. 16
(Series of 2023)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CHAPTER
8.60 ENERGY BENCHMARKING TO REDUCE GREENHOUSE GAS EMISSIONS
WHEREAS, on or about April 12, 2022, the City of Aspen adopted Ordinance #5, Series
of 2022, which added Chapter 8.60, to Title 8 of the Aspen Municipal Code; and,
WHEREAS, pursuant to Ordinance #5, the City of Aspen recognized 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 is committed to the Race to Zero campai Egn and the provisions of its own Ecological
Bill of Rights; and
WHEREAS, pursuant to Ordinance #5, Series of 2022, the Department of Environmental
Health and Sustainability was directed to develop proposed building performance standard
guidelines to be considered and adopted by City Council on or before October 1, 2023 5 and
WHEREAS, modeling the approach taken by other communities with similar programs,
the City had planned to convene a committee of stakeholders monthly between January and May
2023 to provide input on BPS guidelines, developing final recommendations over the summer.
However, at the March and April BPS Stakeholder Committee meetings, stakeholders asked for
additional cost information to support more informed discussion and recommendations on
energy efficiency and beneficial electrification policy options. Specifically, they asked for on -
the -ground, local examples of what making building improvements to reduce GHG emissions
could look like —both what technology is available and what it could cost. In response to this
feedback, the City shifted and updated the Committee process to address this feedback and meet
the needs of stakeholders by spending additional time gathering more data. This community -
responsive approach to the stakeholder process is critical to the success of the Building IQ
program, as policy design must consider the on -the -ground realities of buildings in Aspen and its
unique building stock relative to other jurisdictions (i.e., smaller buildings, different mechanical
equipment use, cold climate); and,
WHEREAS, based on the foregoing, the Department of Environmental Health and
Sustainability is requesting that the provision of Section 8.60.120 (a) setting out a specific date of
October 1, 2023 for submission of proposed building performance guidelines be deleted; and
WHEREAS, the proposed amendment to Section 8.60.120 (a), with additions in red and
deletions reflected in red with a strikethrough notation will read as follows:
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
Ordinance Amending Chapter 8.60 Energy Benchmarking
Ordinance 16, Series 2023
Page 1 of 3
guidelines to be considered and adopted by City Council by ordinance. The building performance
standards shall address following:...; and
WHEREAS, the remainder of Section 8.60.120, including the remainder of subsection (a),
shall remain the same; and
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Section 8.60.120 (a), of the Aspen Municipal Code is hereby deleted in its entirety and
replaced with the following:
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 by ordinance. The building performance standards shall address following:
Section 2: All other provisions of Section 8.60.120, including the remaining portions of subsection
(a), shall remain in full force and effect.
Section 3: Any scrivener's errors contained in the code amendments approved by Ordinance #5
(Series of 2022) or set forth herein, including but not limited to mislabeled subsections or titles,
may be corrected administratively following adoption of the Ordinance.
Section 4: Effect Upon Existing Litigation.
This ordinance 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 ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5: SeverabIwo lity.
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.
Section 6: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home
effective thirty (30) days following final passage.
Rule Charter, this Ordinance shall become
Section 7: Public Hearing
A public hearing on this ordinance shall be held on the 1 Oth day of October 2023, at a meeting of the
Aspen City Council commencing at 5 *00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado.
Ordinance Amending Chapter 8.60 Energy Benchmarking
Ordinance 16, Series 2023
Page 2 of 3
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 26th day of September 2023.
Nicole Henning, City
Torre, Mayor
FINALLY, adopted, passed and approved this 10 day of October 2023.
t:
r
Nicole Henning, City 1�lerk
Approved as to form:
J
R. True, City Attorney
Torre, Mayor
Ordinance Amending Chapter 8.60 Energy Benchmarking
Ordinance 16, Series 2023
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