Performance Requirements

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Overview

Every building in Denver 25,000 sq. ft. and larger has a target Energy Use Intensity (EUI) that they must reach by 2030. This target EUI is based on the building's use-type. Mixed-use buildings have a blended target based on the percentage of gross floor area assigned to each building type.

In addition, every building has an interim EUI target that they must meet in 2026. You should have received a letter in February 2023 confirming the EUI target we have on file for your building. If you did not receive this letter or would like to double-check your building's EUI target, you can look your building up in the Performance Requirements Look Up Tool.

Each building's baseline and interim EUI targets are unique to that building. However, you can find the 2030 EUI target for each building type below:

Find Your Building Type

EPA Portfolio Manager Building Type

2030 Target site EUI
(kBtu/sf/yr)

Adult Education

37.2

Ambulatory Surgical Center

60.7

Aquarium

30% EUI Reduction

Automobile Dealership

42.8

Bank Branch

63.6

Bar/Nightclub

86.6

Barracks

46.3

Bowling Alley

50.5

College/University

60.6

Convention Center

30% EUI Reduction

Courthouse

51.2

Distribution Center

25.4

Enclosed Mall

45.6

Fast Food Restaurant

311.3

Financial Office

48.3

Fire Station

45.6

Fitness Center/Health Club/Gym

50.5

Food Sales

144.3

Food Service

76.9

Hospital (General Medical & Surgical)

165.2

Hotel

61.1

Ice/Curling Rink

30% EUI Reduction

Indoor Arena

30% EUI Reduction

K-12 School

48.0

Laboratory

153.9

Library

52.9

Lifestyle Center

66.6

Mailing Center/Post Office

46.5

Medical Office

69.0

Movie Theater

53.2

Multifamily Housing

44.2

Museum

30% EUI Reduction

Non-Refrigerated Warehouse

27.2

Office

48.3

Other

49.2

Other - Education

37.2

Other - Entertainment/Public Assembly

30% EUI Reduction

Other - Lodging/Residential

51.3

Other - Mall

60.3

Other - Public Services

49.2

Other - Recreation

50.5

Other - Restaurant/Bar

194.1

Other - Services

34.6

Other - Specialty Hospital

165.2

Other - Technology/Science

30% EUI Reduction

Outpatient Rehabilitation/Physical Therapy

60.7

Performing Arts 53.2

Personal Services (Health/Beauty, Dry Cleaning, etc.)

34.6

Police Station

45.6

Pre-school/Daycare

38.9

Prison/Incarceration

83.0

Refrigerated Warehouse

63.9

Repair Services (Vehicle, Shoe, Locksmith, etc.)

32.3

Residence Hall/Dormitory

46.3

Residential Care Facility

63.3

Restaurant

194.1

Retail Store

43.5

Roller Rink

50.5

Self-Storage Facility

7.7

Senior Care Community

63.3

Senior Living Community

63.3

Social/Meeting Hall

33.0

Stadium (Closed)

75.3

Stadium (Open)

75.3

Strip Mall

66.6

Supermarket/Grocery Store

164.4

Transportation Terminal/Station

30% EUI Reduction

Urgent Care/Clinic/Other Outpatient

60.7

Veterinary Office

60.7

Vocational School

37.2

Wholesale Club/Supercenter

43.5

Worship Facility

42.1

Zoo

30% EUI Reduction

 

 

To comply with the Energize Denver Performance Requirements, all you need to do is meet the EUI target by the deadline and prove it with 12 months of benchmarking data. For example, you will prove that you have met your 2030 EUI target when you submit benchmarking data from January 1, 2030 to December 31, 2030. This benchmarking report will be due to the city by June 1, 2031.

 

Performance Evaluation

The Office of Climate Action, Sustainability and Resiliency will begin the performance evaluation process on June 1 for each year there is a target due (for example: the 2024 target will begin evaluation on June 1, 2025). The process includes:  

If the building’s current site EUI is higher than the target, the building is not in compliance with that year’s performance requirement.  

We will notify building owners of compliance status by an email from EnergizeDenver@denvergov.org. If we do not have an email on file, we will mail a physical letter to the building’s main address. 

Penalties 

We prefer that you invest in your building to reach your 2030 target instead of paying penalties to the city. We know there are some things we, as a city and local building industry, need to work through to get all of our buildings in compliance, such as

  • Renewable contract and installation capacity
  • Capacity within electrical micro grids in certain areas
  • Workforce availability
  • Supply chain issues
  • Research on additional target adjustments

Our commitment is to work with your building, support you with your efforts, and explore target and timeline adjustments to the fullest extent possible so that penalties are not assessed. For buildings that are not working with our office and putting forth a good faith effort to improve their buildings, the penalty structure below will be enforced.  

Types of Penalties

There are two main types of penalties:  

  • Target Penalties: Occur if the building does not reach the 2024 Interim Target, 2027 Interim Target, or 2030 Target 
  • Maintenance Penalties: Occur after 2030, if you fail to maintain your 2030 Target indefinitely. If your annual site EUI is 5% worse than the target you are supposed to be maintaining, we will switch you back to the target penalty level until you achieve the target again.  

 We may assess penalties for other reasons: 

  • A complete and accurate benchmarking report was not submitted by the annual deadline
  • Knowingly withholding information or submitting inaccurate information that affects performance evaluation
  • Failing to satisfy the requirements of an Alternate Compliance Timeline Adjustment agreement
  • Errors in data you have submitted to the city, such as:   
    • Energy use data
    • Solar generation and capacity
    • Use attributes
    • Building information
    • Calculations 
    • Results 

You will have to correct these errors, submit the updated benchmarking report, and notify us of the updated submission. Failure to correct the errors is the same as failure to submit a complete and accurate report for that year.  

For the performance requirements, penalties are assessed by taking the “kBtu not achieved” as calculated in the Performance Evaluation section of this guide, then multiplying it by the cost per kBtu to calculate the penalty amount. 

“kBtu not achieved” * Cost/kBtu = $ penalty amount 

Penalty Schedule 

The Energize Denver Ordinance enables the Office of Climate Action, Sustainability and Resiliency to assess civil penalties for up to $0.70 for each required kBtu reduction per year that the owner’s covered building fails to achieve in that year. We reserve the right to enforce penalties at the maximum level but will assess penalties at the minimum level below, based on a cost of compliance analysis(PDF, 991KB) completed in June 2022:  

Penalty Type

Penalty Level

Assessment Period

Benchmarking, failure to correct errors, knowingly withholding or inaccurate information

$2,000

annually

Target Penalty

$0.30/kBtu

2024, 2027, 2030

Target Penalty - Alternate Compliance Option forExisting MAI Buildings $0.42/kBtu 2026, 2030
Target Penalty - Alternate Compliance Option forNew MAI Buildings $0.63/kBtu 2030

Maintenance Penalty

$0.05/kBtu

Starting 2031 then annually

Failure to reach target as agreed in Alternate Compliance Agreement

According to date of submission in Table 5

As outlined in agreement

   

Example Compliance Scenarios with Penalties 

We encourage you to take early action to reach your interim and final targets because penalties are cumulative. In all these examples, we used the minimum level for target penalties for a 150,000 sq. ft. office building. 

Example # 1: A building that does nothing to improve their EUI. This building: 

Year

EUI Targets

EUI Actual

kBtu Performance

kBtu Target

kBtu not achieved

Penalty Level

Penalty

2024

69

80

12,000,000

10,350,000

1,650,000

$0.30/kBtu

$495,000

2027

59

80

12,000,000

8,850,000

3,150,000

$0.30/kBtu

$945,000

2030

48.3

80

12,000,000

7,245,000

4,755,000

$0.30/kBtu

$1,426,500

Cumulative Penalties

$2,866,500

 

Example # 2: A building makes some progress on their 2030 target but did not take advantage of the renewables credit to fill in the gap. This building:

Year

EUI Targets

EUI Actual

kBtu Performance

kBtu Target

kBtu not achieved

Penalty Level

Penalty

2024

69

67

10,050,000

10,350,000

-

$0.30/kBtu

$0

2027

59

58

8,700,000

8,850,000

-

$0.30/kBtu

$0

2030

48.3

52

7,800,000

7,245,000

555,000

$0.30/kBtu

$166,500

Cumulative Penalties

$166,500

 

Example # 3: A building knows they are going to miss their 2024 target. They purchased renewables instead of submitting a timeline adjustment application. They did make some progress on their 2030 target and used renewables again in 2030 to fill in the gap. This building: 

Year

EUI Targets

EUI Actual

kBtu Performance

kBtu Target

kBtu not achieved

Penalty Level

Penalty

2024

69

72+RC

10,350,000

10,350,000

-

$0.30/kBtu

$0

2027

59

62+RC

8,700,000

8,850,000

-

$0.30/kBtu

$0

2030

48.3

52+RC

7,100,000

7,245,000

-

$0.30/kBtu

$0

Cumulative Penalties

$0

 

Example # 4: A building was planning a renovation with energy efficiency measures for 2024 along with some operational adjustments and a solar installation in 2025. They submitted a timeline adjustment application to account for this. The timeline agreement sets their new target dates for 2026 and 2030. This building: 

Year

EUI Targets

EUI Actual

kBtu Performance

kBtu Target

kBtu not achieved

Penalty Level

Penalty

2026

60

42+RC

5,800,000

9,000,000

-

$0.30/kBtu

$0

2030

48.3

42+RC

5,800,000

7,245,000

-

$0.30/kBtu

$0

Cumulative Penalties

$0

 

Example # 5: A building that reaches their 2030 target and is shifted to maintenance penalty levels. For 2031, the building maintains their EUI target, and even performs a little better in 2032. In 2033, the building’s energy performance worsens, resulting in a small maintenance penalty. In 2034, the building’s performance continues to worsen to more than 5% above their EUI target. At this point, the penalty is switched back to the target penalty level. In 2035, if the building has gotten their energy performance back within 5% of the EUI target, they will be switched back to the smaller maintenance penalty level. If they get their energy performance at or below their EUI target they will no longer receive penalties. This building:  

  • Building met their 2030 target and switched to maintenance penalties 
  • Maintained target for two years but went above 5% threshold in 2034, so target penalty level assessed (5% threshold = 50.7 EUI or 7,605,000 kBtu) 

Year

kBtu Performance

kBtu Target

kBtu not achieved

Penalty Level

Penalty

2031

7,245,000

7,245,000

0

$0.05/kBtu

$0

2032

7,200,000

7,245,000

0

$0.05/kBtu

$0

2033

7,295,000

7,245,000

50,000

$0.05/kBtu

$2,500

2034

8,000,000

7,245,000

755,000

$0.30/kBtu

$226,500

Enforcement Process

Benchmarking Requirements Enforcement Steps

  1. Warning Notice: Once the deadline has passed, Denver’s Office of Climate Action, Sustainability and Resiliency will send a warning notice by email/mail. The building owner will have a 30- to 60-day grace period (specified in the notice) from the benchmarking deadline to submit the benchmarking report or correct data issues in a “pending” submission. 
  2. Civil Penalty - Administrative Citation: If the building owner is not in compliance by the end of the grace period, an administrative citation is issued. The building owner has 30 days to either submit the benchmarking report (which nullifies the citation) or file an appeal.  
  3. Payment: If the building owner does not file an appeal or submit the benchmarking report, the owner has one hundred eighty (180) days from the date of the citation to pay the penalty amount.  
  4. Property Lien: If a building owner fails to pay the required amount within one hundred eighty (180) days, the civil penalty will be considered a debt to the city until paid in full. The debt is a perpetual lien on the property until the civil penalty owed, delinquent interest, and recording fees have been paid in full.  

This image shows a timeline for benchmarking requirements enforcement. It starts with June and proceeds from there to the following July (a total of 14 months). It lays out the same timing as is outlined in the numbered list above.

Performance Requirements Enforcement Steps

  1. Warning Notice: Once the Office of Climate Action, Sustainability and Resiliency determines that the building is not in compliance, a warning notice will be sent to the building owner. The owner will have ninety (90) days from the date of the warning notice to apply for an alternate compliance option (ACO), if applicable.  
  2. Notice of Violation: If the building owner has not applied for an ACO on by the end of the 90 days, CASR will issue a notice of violation. The building owner will have thirty (30) days to file an appeal of the notice of violation.   
  3. Civil Penalty – Administrative Citation: If the building owner has not filed an appeal, an administrative citation is issued. The building owner has one hundred eighty (180) days to pay the penalty with the manager of finance.  
  4. Property Lien: If a building owner fails to pay the required amount within one hundred eighty (180) days, the civil penalty will be considered a debt to the city until paid in full. The debt is a perpetual lien on the property until the civil penalty owed, delinquent interest, and recording fees have been paid in full. 

This image shows the timeline for performance requirements enforcement. It starts in June and proceeds through the following July (a total of 14 months is shown). On the timeline it outlines the same timing as the numbered list above.

Appeals 

A building owner has the right to appeal an administrative citation by filing a “petition for appeal.” All documents must be submitted through the online form or mailed to: 

     Denver’s Office of Climate Action, Sustainability and Resiliency 
     201 W. Colfax Avenue, Dept. 704 
     Denver, CO 80201 

Frequently Asked Questions

How did Denver Determine the 2030 Targets?

Denver has set a goal for existing buildings to reach net zero energy by 2040. The Energize Denver Task Force used that goal as a starting place to set the 2030 targets.

Targets were set by building type (e.g. an office vs. a hotel vs. a restaurant) to account for the different amounts of energy they use. To determine the final EUI targets, the city used ENERGY STAR® Portfolio Manager® building types from the annual benchmarking submissions. From there, we determined the target EUI for each building type needed to reach the city’s goals.  

For a more in-depth explanation of our methods, review the Building Typology and EUI Targets methodology.  

How did Denver Determine the Baseline and Interim Targets?

The baseline EUI, along with the 2024/2025 and 2027 interim target EUIs, is unique to each building.  

We set each building’s baseline EUI based on the 2019 benchmarking data submitted to the city. Determining the interim targets for 2024 and 2027 was simple. We drew a straight line from a building’s 2019 baseline EUI to their 2030 EUI target. Whatever value the EUI was in 2024/2025 and 2027 became the interim targets for that individual building. This ensures that the EUI reduction between each target is gradual. Buildings must continue to maintain their EUI below their interim targets in following years, and their final EUI for the life of the building. 

This graph shows a visual representation of how Denver created the 2024 and 2027 interim EUI targets for buildings. The x-axis shows dates from 2019 to 2030 and the y-axis shows Energy Use Intensity. There is a dotted line from the EUI in 2019 and the EUI in 2030, with the 2024 and 2027 interim targets identified where the line intersects those dates.

How do I figure out what my building's targets and deadlines are?

You can use the Performance Requirements Look Up Tool to identify your building’s baseline, interim, and 2030 EUI targets and deadlines. In addition, a letter is sent annually by mail and email as a reminder of your building's targets. And as always, the Help Desk is available to answer questions.

Some buildings have a first interim target of 2025 and some are 2024. Why is this?

We approved a one-year timeline adjustment for all buildings that have a complete and approved 2021 calendar year Benchmarking Report (2022 Reporting Year) on file. 

  • For buildings with a 2025 target, the performance evaluation will examine the 2025 Benchmarking Report. This covers January 1, 2025, to December 31, 2025. This report is due to our office by June 1, 2026
  • For buildings with a 2024 target, the performance evaluation will examine the 2024 Benchmarking Report. This covers covers January 1, 2024, to December 21, 2024. This report is due to our office by June 1, 2025.  

Almost 97% of our buildings qualified for this adjustment. The 3% of buildings that haven’t earned it can still get this adjustment by calling into the Help Desk and submitting benchmarking for 2021. You can look up whether or not you received this adjustment by using our Performance Requirements Lookup Tool.  

Are new buildings required to comply with the Energize Denver requirements? 

Yes, but a new building will not be required to comply until it has been in operation for one full calendar year. That’s when the building shifts from being ”new construction” to an “existing building.”

What if my building was assigned a Denver Building ID and it did not have a certificate of occupancy (or temporary certificate of occupancy) for all twelve months of the calendar year? Please submit an exemption application for that year’s benchmarking requirement.  

New buildings under Denver's 2022 Building Code should perform at or below their target EUI. Exactly how it performs depends on the code compliance pathway chosen during design.  

When does a new building become an existing building that must start benchmarking?

After the building is constructed and has been in operation for 12 months in one calendar year. For example, a building that received its certificate of occupancy in June 2022 would become an existing building in the 2023 calendar year. It would have to submit its first benchmarking report for the 2023 calendar year (January 1, 2023 to December 31, 2023) to our office by June 1, 2024. The building will then be assigned 2030 performance targets. 

My building is new. What is my baseline EUI? 

If the EUI performance of a new building is higher than the 2030 target for its building type, the baseline can be the predicted EUI that was submitted as part of energy code compliance. If there is no predicted EUI, the city will establish a reasonable baseline based on the building type. If the EUI performance of the building is below the 2030 target, all the building has to do is maintain their performance.  

How do the building performance requirements affect organizations that have multiple buildings in a campus setting? 

For campuses, every qualifying building must reach compliance individually. The exception happens when all the buildings are on a single meter and cannot be separated. It all depends on how the campus buildings must benchmark based on their utility meter configuration.

Breaking down the high-intensity building types on a campus is critical to setting the correct 2030 target. A campus option is available for submitting an application for a timeline adjustment. We will work with the campus to apply for renewable credits.  

How does Energize Denver affect historic buildings? 

In most cases, a building’s historic status does not interfere with its ability to meet the energy performance requirements, unless the Landmark Preservation Board has limited the energy efficiency measures the building could perform. An alternate compliance option is available in these circumstances.  


How does Energize Denver affect municipal buildings? 

The ordinance affects municipal buildings the same as private buildings, so the City and County of Denver is developing detailed plans to bring all qualifying municipal buildings into compliance so that we can lead by example.


My building did not benchmark in 2019. What is my baseline EUI? 

For buildings that have never benchmarked, the building type was assigned through research and a 2019 baseline was established by using the median EUI in Denver for that building type. If the building had 2018 or 2020 benchmarking data, one of those years was chosen to be the baseline. If you would like to correct the absence of data so that we can assign a more accurate baseline and interim targets, please reach out to the Help Desk. 


Can I change my baseline EUI?

Yes. You can apply for a Target Adjustment to update your building's baseline EUI if:

  • Your building’s 2019 benchmarking data was inaccurate
  • That year did not reflect normal operations
  • You do not have access to data from a previous building owner

Changing your baseline year does not affect your 2030 target! It only changes the trajectory of your interim targets in 2024/2025 and 2027. Before submitting the adjustment request to change your baseline, please reach out to the Building Performance Help Desk at 844-536-4528 or energizedenver@denvergov.org.  

What is a Target Adjustment and when should I submit one?

A Target Adjustment is an opportunity to apply standardized adjustments to the building’s EUI target. You can also use it to adjust previous benchmarking to be more reflective of its energy use. Factors that could impact your interim or 2030 targets include:

  • High-intensity spaces
  • Significant variations in operations
  • Building use types
  • Square footage

You may want to look into applying for a target adjustment If

  • You haven’t benchmarked high-intensity building types
  • You have a data center, swimming pool, or parking you couldn’t exclude, 

If I had a tenant change, do I need to apply for a Target Adjustment?

Only if the new tenant is at a higher energy use intensity (based on their building use type) than the previous tenant. For example, if the previous tenant is a “office” use and the new tenant is also an “office,” there’s no need for a target adjustment. If you had a retail store that was then converted into a restaurant, you will need a target adjustment. This is to reflect the higher energy use of a restaurant compared to a retail store. Reach out to the Building Performance Help Desk at 844-536-4528 or energizedenver@denvergov.org if you have questions.

Glossary

Official Definitions

Administrative Citation: a citation for a violation of the Code, the rules and regulations adopted by the Director and promulgated by the Manager, or noncompliance with an Order issued by the Manager by which a civil penalty for the violation or noncompliance is assessed. 

Annual Site Energy Usage: the total energy consumed by the building in one year measured in kBtu, including all equipment and fixtures attached to the building energy meters.

Benchmarking: measuring a covered building’s energy performance using the ENERGY STAR Portfolio Manager® tool or other similar platforms as Denver's Office of Climate Action, Sustainability and Resiliency may designate. 

Benchmarking Submission: the data submitted each year via the ENERGY STAR® Portfolio Manager tool, or other similar platforms as Denver Climate Action, Sustainability and Resiliency may designate, using a template and submission link to be distributed and publicized by Denver Climate Action, Sustainability and Resiliency. All information expressly denoted as mandatory by either ENERGY STAR® Portfolio Manager or Denver Climate Action, Sustainability and Resiliency shall be included in the submission. 

Campus: a collection of two or more buildings, of any building type or size, that act as a single cohesive property with a single shared primary function and are owned and operated by the same party, such as higher education or hospital campuses.  

Common Space: the entire common interest development except the separate interests therein. Common space includes any part of a building or complex that is not owned by one specific resident. Common spaces may include, but are not limited to entrances, exits, doorways, stairwells, common terraces, basements, rooftops, parking areas, elevators and elevator lobbies, gardens, common storage spaces, waste disposal areas, central service installations, and any other portions of land or property with purpose for common use.

Data Center: a room or series of rooms that share data center systems, whose primary function is to house equipment for the processing and storage of electronic data and that has a design total Information Technology Equipment (ITE) power density exceeding 20 watts per square foot (20 watts per 0.092 m2) of conditioned area and a total design ITE load greater than 10 kW. Class A is where 15% or more of the square footage of the building is a data center. Class B is where less than 15% of the square footage of the building is a data center. 

Deep-energy retrofit: a deep energy retrofit is a building-specific, whole-building analysis designed to identify points in the building lifecycle where investments in energy efficiency can achieve the highest return. A deep energy retrofit may occur over a few years and will require a more significant financial commitment than conventional energy retrofits. The energy savings created with a deep energy retrofit are generally greater than 40%. 

Energy audit: an evaluation of a building that identifies potential energy efficiency measures for building systems and operations in accordance with the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 211-2018 Level 2. 

ENERGY STAR® Portfolio Manager: the online tool created by the US Environmental Protection Agency used to measure and track a building’s energy use, water consumption, and greenhouse gas emissions.

Existing Building Performance: the energy efficiency and renewable energy of a covered building measured by site Energy Use Intensity (EUI), or EUI adjusted for renewable energy using data reported via the ENERGY STAR® Portfolio Manager tool or other platforms as Denver's Office of Climate Action, Sustainability and Resiliency may designate.

Final Decision: for an appeal of a Notice or Order means the Director's decision arrived at after review of the Recommended Decision or its decision after hearing the matter or review of written briefs in the first instance or a Recommended Decision for which Director review is not timely filed. 

Frontline communities: those communities that experience “first and worst” the consequences of climate change and have been underrepresented and underserved throughout the years. These include low- to medium-income communities, communities of color and indigenous people, those who speak languages other than English, people with disabilities and chronic conditions, older adults, young children, people with criminal records, LGBTQ+, and refugees and immigrants. 

Green Power: Green Power is a generic term for renewable energy sources and specific clean energy technologies that emit fewer GHG emissions compared to other energy sources that supply the electric grid. You may use green power directly from an on-site renewable system or purchase green power from your utility or independent green power supplier. 

Gross Floor Area (GFA): the total building square footage, measured between the outside surface of the principal exterior fixed walls of a building. GFA should include lobbies, tenant areas, common areas, meeting rooms, break rooms, atriums (base level only), restrooms, elevator shafts, stairwells, mechanical equipment areas, basements, storage rooms. GFA should not include exterior spaces, balconies, patios, exterior loading docks, driveways, covered walkways, outdoor play courts, parking, or crawl spaces.

Hearing Officer: the person the Director delegates pursuant to the Code to conduct a hearing or review a case that has been submitted for determination based on written argument and written statement of facts. 

High Performance Existing Buildings Program: the administrative program implemented by Denver's Office of Climate Action, Sustainability and Resiliency requiring the Benchmarking, reporting, and Existing Building Performance in commercial and multifamily buildings that are located within the City and County of Denver. 

Lighting Load: the energy used to power electric lights in a building’s interior, exterior, and parking areas as measured in kilowatt hours. The calculation of lighting load shall include all lighting that is connected to the building’s electrical meter(s).

Lighting Power Density (LPD): the lighting power in watts per square foot.

Manufacturing/Agricultural/Industrial Building: a facility where the majority of energy is consumed in process loads for manufacturing, agricultural, or industrial purposes, or for other process loads. Process loads are energy consumed for bona fide purposes other than heating, cooling, ventilation, domestic hot water, cooking, lighting, appliances, office equipment, small, or other plug loads. This classification includes buildings with Class A data centers, food manufacturing, and ENERGY STAR® Portfolio Manager building types Drinking Water Treatment & Distribution, Energy/Power Station, Other – Utility, and Wastewater Treatment Plant.    

Maintenance Penalty: a penalty assessed if the building met its interim or 2030 targets and switches to a lower level of cost per kBtu not achieved.  

Notice or Order: any notice or order, civil penalty assessment, or administrative citation issued pursuant to the Director's authority under the Code. 

Off-site green power or renewables: green power purchases from your utility or independent suppliers. 

On-site green power or renewables: electric generation systems located at your property that produce Green Power. 

Operations and maintenance (O&M): the functions, duties and labor associated with the daily operations and normal repairs, replacement of parts and structural components, and other activities needed to preserve an asset so that it continues to provide acceptable services and achieves its expected life 

Operation and maintenance program: A plan meeting the specifications found in American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 100-2018, Section 6, that addresses every applicable building system and element as outlined in Annex D and follows the implementation requirements laid out in Annex L that address the functions, duties and labor associated with the daily operations and normal repairs, replacement of parts and structural components, and other activities needed to preserve an asset so that it continues to provide acceptable services and achieves its expected life.

Owner: the person or entity having a legal or equitable interest in real property and its fixtures and appurtenances, which shall explicitly include but not be limited to a homeowner’s association. 

Percent Electricity: the percent of total site energy use that is electricity. Calculated in kBtu, it combines grid-purchased electricity with renewable electricity used at the building and divides it by the total energy used. 

Performance period: the defined timeframe of benchmarking data that is used for evaluation of energy performance requirements for compliance. For example, the 2025 target would be evaluated using the benchmarking data from January 1, 2025 to December 31, 2025.

Process load: a process load is energy consumed for bona fide purposes other than comfort heating and cooling, ventilation, domestic hot water, cooking, lighting, appliances, office equipment, or other plug loads.

Production Efficiency: the annual site energy usage in a Covered MAI building divided by a standard manufacturing or agricultural production unit(s), such as kBtu per widgets produced or kBtu per pounds of flower produced.

Production Efficiency Improvement: a reduction in energy use intensity from baseline where energy use intensity is calculated as the annual site energy usage divided by a standard manufacturing or agricultural production unit(s).

Recommended Decision: a Hearing Officer's findings of fact, conclusions of law, and the decision he or she recommends to the Director following a hearing or review of written briefs. 

Renewable Energy Certificate (REC): Renewable Energy Certificates (RECs) are the tradable, legal rights to the environmental benefits of green power. These rights can be sold separately from the actual electricity (kWh).   

Retro-commissioning: a process to improve the efficiency of an existing building's equipment and systems. It can often resolve problems that occurred during design or construction, or address problems that have developed throughout the building's life as equipment has aged, or as building usage has changed. 

Return on investment (ROI): the total annual cost savings of an EEM divided by the initial cost to implement the EEM 

Savings to investment ratio (SIR): the total lifetime cost savings of an EEM divided by the initial cost to implement the EEM 

Site Energy Use Intensity (EUI): a building’s weather normalized energy use expressed as energy per square foot per year as a function of its size, normalized for weather and other characteristics that are significant drivers of energy performance as feasible with the reporting platform used. A building’s EUI is calculated by dividing the total energy consumed by the building in one year (measured in kBtu) by the total Gross Floor Area of the building. 

Social cost of carbon dioxide: either $79 per metric ton of carbon dioxide with an annual escalation rate of 2.5% from January 1, 2022, or the social cost of carbon dioxide as determined by the Public Utilities Commission of the State of Colorado, whichever is greater. 

Target Penalty: a penalty level assessed if the building did not reach the 2024 Interim Target, 2027 Interim Target, or 2030 Target during the applicable performance period. 

Tenant: a person or entity entitled to the possession, occupancy, or the benefits of any rental unit owned by another person or entity. 

Under-resourced building: Denver's Office of Climate Action, Sustainability and Resiliency's evaluation of a building’s status as “under-resourced” includes, but is not limited to, consideration of the following: presence of affordable housing; presence of non-profits and human service providers; buildings of significance to frontline community members; and buildings in areas with high energy burden, asthma rates, low-income residents, and other social equity indicators.