The Salt Lake City Council passed the Commercial Building Benchmarking and Market Transparency ordinance on August 30, 2017. The ordinance requires city-owned buildings greater than or equal to 3,000 gross square feet and privately-owned non-residential buildings 25,000 gross square feet and higher to benchmark their buildings' annual energy and water consumption and report the results to the city. The city will make identifying information publicly available for buildings receiving ENERGY STAR scores of 49 or below. Additionally, buildings with scores below 50 that are eligible to participate in a utility tune-up incentive program will be required to complete a tune-up evaluation. The evaluation will inform owners of measures they can take to improve the operational performance of their facilities.
Building Types Affected
Greater Than or Equal To 3,000 Sq. Feet
Greater Than or Equal To 50,000 Sq. Feet
Greater Than or Equal To 25,000 Sq. Feet
Buildings are not required to benchmark if:
1. Average occupancy throughout the calendar year for which benchmarking is required is less than 60%
2. They are under financial hardship, as defined in the ordinance.
3. Due to special circumstances, strict compliance with the ordinance would cause undue hardship or not be in the public interest
4. An owner is unable to benchmark due to the failure of either a utility provider or a tenant to report the information necessary for the owner to complete any benchmarking submittal requirement.
City-owned buildings that are exempt: wastewater reclamation plants, buildings used for heavy manufacturing.
Privately-owned buildings that are exempt: houses of worship, apartments, agricultural storage facilities and greenhouses, buildings used for heavy manufacturing purposes, oil and gas production facilities, buildings containing: a movie/television/radio production studio, soundstages, broadcast antennae, data center, or trading floor that together exceed 10% of Gross Floor Area.
Privately owned buildings are exempt if they meet the following conditions:
1. New construction with a Certificate of Occupation issued less than two years prior to the applicable deadlines
2. Do not have a Certificate of Occupation or temporary Certificate of Occupation for all 12 months of the calendar year being benchmarked
3. Have a full demolition permit for the prior calendar year, provided that demolition work has commenced, some energy-related systems have been compromised, and legal occupancy is no longer possible at some point during the calendar year being benchmarked
4. Do not receive utility services
5. Are not assessed ad valorem real property taxes by Salt Lake County
Benchmarking data is made publicly available on September 1, beginning in a building's first compliance year.
The ordinance only publishes identifying information for buildings if their ENERGY STAR score is greater than 50.
A randomly-selected subset of benchmarking submissions not to exceed 10% of the total benchmarking submissions in a given year may be subject to verification by the city.
Penalties for Non-Compliance:
If after three written notices, an owner has not compiled with the ordinance, that owner may be fined up to $500 per violation, not to exceed $1,000 annually.
Additional Program Information:
Tune-up evaluations of Base Building Systems are required for buildings that are eligible for participation in a utility-sponsored tune-up incentive program, as determined by the utility offering the incentive program and that have an Energy Star Score of 49 and below. Evaluations for buildings meeting these conditions must be completed once every 5 years. Owners are not required to implement any of the tune-up measures identified in the evaluation.
The tune-up evaluation is not required if:
1. The building is less than 5 years old.
2. If a registered design professional or tune-up professional certifies that:
a. The building has an ENERGY STAR score of 50 or above for the year prior to the first tune-up due date or for at least two of the three years preceding the due date.
b. There is no ENERGY STAR rating for the building type and the owner submits documentation that the building's energy performance is better than the energy performance of an average building of its type for tow of the three years preceding the due date.
c. The building has received certification under the most recent LEED 2009 rating system for Existing Building Operation and Maintenance, or Existing Buildings Version 4 rating system or future iterations of LEED, or other substantially similar rating systems for existing buildings, for at least tow of the three years preceding the due date.
d. The building has performed a tune-up evaluation with the past 5 years.
3. The building has a persistent commissioning program.