Tier 2 Rulemaking: EMP and O&M

Today’s Clean Buildings Performance Standard Rulemaking Workshop covered the Energy Management Plan and Operations & Maintenance Program requirements.

SB 5722 was signed into law in March 2022, expanding the Clean Buildings Performance Standard to Tier 2 buildings, that is, commercial buildings between 20,000 and 50,000 square feet of gross floor area, and multifamily residential buildings over 20,000 square feet of gross floor area. Today’s workshop was the third in a series of rulemaking workshops for the Clean Buildings Expansion Law. Rulemaking will continue through December 2023.

Important Proposed Changes

Tier 2 buildings will be required to submit and Energy Management Plan and Operation & Maintenance program as part of the 2027 compliance requirements. These are the same requirements as for Tier 1 buildings with some small exceptions.

The most recent draft includes proposed exceptions for both Tier 1 and Tier 2 buildings for the lighting schedule and lighting satisfaction survey requirements of the Energy Management Plan (5.1.2.12 and 5.1.2.13). Tier 2 buildings will not be required to complete these sections at all, and Tier 1 buildings that meet their EUIt or have recently performed a lighting upgrade through a utility rebate program will also be exempt from this section.

Tier 2 buildings will not require a qualified person to submit for compliance in the 2027 compliance cycle. However the the person submitting documents for compliance will be required to complete specific training qualifying them to approve submission.

For both Tier 1 and Tier 2 buildings, building owners will no longer be required to provide a copy of the Energy Management Plan to occupants and stakeholders annually. Rather, they must only provide access to the document.

Read the full document of proposed changes related to the workshop here and leave feedback using the public comment form.

The next rulemaking workshop for Tier 2 buildings will be July 13th, 2023 and will cover Annex Y, including proposed Tier 2 penalties, and Administrative Requirements. Register for the next workshop to attend and participate in Tier 2 rulemaking, and stay up to date on the latest Clean Buildings news by subscribing to Sershon Systems’ newsletter.