Special Note: Please don’t forget to register for AOBA’s 2012 Annual Meeting, coming up next Thursday, Jan. 26th!

DC Changes Deadline for Reporting Building Energy Benchmarking Data

District law required all buildings over 200,000 square feet of gross floor area to submit building energy benchmarking data by July 1, 2011. Unfortunately, the District’s Department of the Environment (DDOE) has not yet published the final regulations to provide building owners with the guidance necessary for complying with the law, including the format for submitting the information to DDOE. Read more

Reminder: January Schedule for Proactive Housing Inspections is Available

DCRA has posted the January 2012 inspection schedule on its website. Members may click on DCRA - JANUARY 2012 PROACTIVE INSPECTION SCHEDULE to view the list of residential properties that DCRA plans to inspect during the month of January.

Agency Chiefs Brief AOBA Members on "Sustainable DC," Now Ask Them to be Part of Discussion

On January 11, DDOE Director Christophe Tulou and Harriet Tregoning, Director of the DC Office of Planning, briefed AOBA members on the Mayor’s “Sustainable DC” initiative. The meeting was part of a citywide outreach effort to solicit feedback from residents and businesses as the District develops a sustainability plan. Read more

Election 2012 Update: Incumbents Leading in Fundraising Race

Winter is here, but the 2012 election season is just starting to heat up. Incumbents show no signs of slowing down in their efforts to reach as many voters as possible by the April 3 primary. Not far behind are their challengers, many of whom are still struggling to stand out in an abbreviated election cycle which heavily favors incumbents. Read more

Mark Your Calendar for Upcoming AOBA Events!

SAVE THE DATES! AOBA COMMITTEE MEETING SCHEDULE FOR 2012

The following 2012 meetings will be held at AOBA's offices and begin at 10:00am, unless otherwise noted. AOBA members will receive meeting agendas/details via email. Read more

DC Changes Deadline for Reporting Building Energy Benchmarking Data

District law required all buildings over 200,000 square feet of gross floor area to submit building energy benchmarking data by July 1, 2011. Unfortunately, the District’s Department of the Environment (DDOE) has not yet published the final regulations to provide building owners with the guidance necessary for complying with the law, including the format for submitting the information to DDOE. DDOE did publish proposed rules for comment on October 21, 2011, and received extensive comments on them from AOBA and other stakeholders. As a result of those comments, the agency plans on publishing a second Notice of Proposed Rulemaking soon which reflects substantive changes it is making to the draft regulations. A public comment period will follow publication, allowing stakeholders an opportunity to weigh in on the latest revisions to the draft rules. AOBA will circulate the proposed rules, once available, for member comment.

What Does This Mean for You as a Building Owner?

The change will have an immediate impact on those owners with buildings over 200,000 square feet, which are the first group scheduled for submitting benchmarking data to DDOE. Current law, as noted above, required the submission of that data by July 1, 2011.

• Owners With Buildings Over 200,000 Square Feet: The 2010 benchmarking reports for buildings in this category will NOT be due on January 31, 2012. The exact timetable for the submission of 2010 building data is still being determined. Per DDOE, additional information about the timeline will be included with the new Notice of Proposed Rulemaking.
• Owners With Buildings Over 150,000 Square Feet: DDOE still intends to require owners to submit benchmarking reports on these buildings on or before April 1, 2012, as required by law.
• Data Collection:
• While owners of buildings in the above categories are not immediately required to submit building data, DDOE expects them to continue compiling the energy, water, and space use data that must be provided at a later date to be specified by the agency.
• DDOE encourages owners to familiarize themselves with the required Portfolio Manager benchmarking process.  Members can click on the following link to view additional information on benchmarking: DDOE Website - Energy Benchmarking.
• Enforcement for Noncompliance:
• District law provides that a building owner or tenant that fails to timely, accurately, and completely submit the required benchmarking information will be assessed a penalty of not more than $100 for each day during which the required submission has not been made.
• However, DDOE advises that it will NOT impose any penalties on building owners for noncompliance with the benchmarking requirements until after the District has adopted final regulations.

Below is the pertinent actual text of the District’s building performance benchmarking law:

DC OFFICIAL CODE § 6-1451.03. PRIVATELY-OWNED BUILDINGS.

(a) A new construction or substantial improvement of a nonresidential privately-owned project with 50,000 square feet of gross floor area or more shall:

1. On or before January 1, 2009, submit to the Department, as part of any building construction permit application, a green building checklist documenting the green building elements to be pursued in the building construction permit.
2. Within 2 years of the receipt of a certificate of occupancy, be verified in subsection (b) of this section as having fulfilled or exceeded the green building requirements.

(a-1)(1) All privately-owned buildings shall be benchmarked annually using the Energy Star® Portfolio Manager benchmarking tool as designated by the schedule in paragraph (2) of this subsection; provided, that the buildings are of a building type for which Energy Star® tools are available. Benchmark and Energy Star® statements of energy performance for each building shall, by April 1 of the following year, be made available to DDOE. In 2011 only, the scores and statements shall be made available to DDOE no later than July 1. DDOE shall, upon the receipt of the 2nd annual benchmarking data for each building, make the data accessible to the public via an online database.

    (2) The schedule shall be as follows:

1. All buildings over 200,000 square feet of gross floor area beginning in 2010 and thereafter;
2. All buildings over 150,000 square feet of gross floor area beginning in 2011 and thereafter;
3. All buildings over 100,000 square feet of gross floor area beginning in 2012 and thereafter; and
4. All buildings over 50,000 square feet of gross floor area beginning in 2013 and thereafter.

    (3) Benchmarking data required in paragraph (1) of this subsection shall include water consumption data as incorporated in the Portfolio Manager Benchmarking Tool.

(b)(1) A project that has submitted an application for the first building construction permit after January 1, 2010, for new construction or substantial improvements for real property acquired by a real property disposition by sale to a private entity undertaken by the District or an instrumentality of the District shall be verified as having fulfilled or exceeded the LEED-NC 2.2 or LEED-CS 2.0 standard at the certification level.

    (2) A project that has submitted the first construction building construction permit after January 1, 2012, for new construction or substantial improvements shall fulfill the following requirements as applicable:

1. A nonresidential project and a post-secondary educational facility projects shall be verified as having fulfilled or exceeded the LEED-NC 2.2 or LEED-CS 2.0 standard at the certification level.
2. An educational facility project, except a post-secondary educational facility project, shall be verified as having fulfilled or exceeded the LEED for Schools standard at the certification level or a substantially equivalent rating system that requires full-building commissioning. Schools shall aspire to meet LEED for Schools certification at the Gold level or higher.

(b-1) A project that has submitted the 1st construction building construction permit after January 1, 2012, for new construction or substantial improvement shall, prior to construction, estimate its energy performance using the Energy Star® Target Finder Tool and be benchmarked annually using the Energy Star® Portfolio Manager benchmarking tool; provided, that the building has 50,000 square feet of gross floor area or more and is of a building type for which Energy Star® tools are available. Benchmark and Target Finder scores and Energy Star® statements of energy performance for each building shall, within 60 days of being generated, be made available to DDOE, which shall make the data accessible to the public via an online database.

(c) A building owner or tenant who fails to timely, accurately, and completely submit the benchmarking information required by this section to DDOE or the building owner, respectively, shall be assessed a penalty by DDOE of not more than $100 for each day during which the required submission has not been made. Civil infraction fines, penalties, and fee may be imposed as alternative sanctions for such failure, pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801 et seq. (“Civil Infractions Act”). Adjudication of an infraction shall be pursuant to the Civil Infractions Act.

Reminder: January Schedule for Proactive Housing Inspections is Available

DCRA has posted the January 2012 inspection schedule on its website. Members may click on DCRA - JANUARY 2012 PROACTIVE INSPECTION SCHEDULE to view the list of residential properties that DCRA plans to inspect during the month of January.

Agency Chiefs Brief AOBA Members on "Sustainable DC," Now Ask Them to be Part of Discussion

On January 11, DDOE Director Christophe Tulou and Harriet Tregoning, Director of the DC Office of Planning, briefed AOBA members on the Mayor’s “Sustainable DC” initiative. The meeting was part of a citywide outreach effort to solicit feedback from residents and businesses as the District develops a sustainability plan. Members can participate in the plan development by participating in one of nine subject matter-specific working groups: (1) built environment; (2) climate; (3) energy; (4) food; (5) nature; (6) transportation; (8) waste; (9) water; and (10) green economy.

AOBA encourages members to join the Built Environment Working Group, as the discussions will focus on issues specific to existing buildings. To learn more about and join the Sustainable DC Working Groups, please click on the following link: Sustainable DC Working Groups. Learn more about Sustainable DC by clicking on the following links:

Introduction to Sustainable DC
Sustainable DC Working Group Kick-off Meeting Presentation

Election 2012 Update: Incumbents Leading in Fundraising Race

Winter is here, but the 2012 election season is just starting to heat up. Incumbents show no signs of slowing down in their efforts to reach as many voters as possible by the April 3 primary. Not far behind are their challengers, many of whom are still struggling to stand out in an abbreviated election cycle which heavily favors incumbents.

When last month’s At Issue mailed, Ward 8 Councilmember Marion Barry had yet to formally declare his candidacy. Well the wait is over. Barry, heavily favored to win four more years on the Council, declared his candicacy earlier this month, and now faces approximately seven opponents, although some of them may not survive challenges to the petition signatures required to get on the ballot.

The political scandals of 2011 are more than just a consideration for voters this year. After pleading guilty in Federal court to embezzling government funds, Harry Thomas, Jr. resigned from his Ward 5 seatThe resulting vacancy on the Council will now require the District to conduct two primary/elections this year – the April 3 primary and a special election on May 15 to fill the remainder of Thomas’ term. Efforts to consolidate the two on April 3 were unsuccessful, as District law dictates very specific timing requirements for when a special election can be held.

As expected, the field of prospective successors in Ward 5 is already crowded, with at least a dozen names circulating on the political rumor mill. AOBA will continue to update the membership on both the April 3 primary and May 15 special election.

Mark Your Calendar for Upcoming AOBA Events!

SAVE THE DATES! AOBA COMMITTEE MEETING SCHEDULE FOR 2012

The following 2012 meetings will be held at AOBA's offices and begin at 10:00am, unless otherwise noted. AOBA members will receive meeting agendas/details via email. For more information or to confirm a meeting date, please email Nicola Whiteman, NWhiteman@aoba-metro.org or Tatiana Nin, TNin@aoba-metro.org. The DC Tax Policy Committee will kick off the year when it hosts Stephen Cordi, Deputy Chief Financial Officer for the District's Office of Tax and Revenue.

DC Tax Policy Committee Meeting
Friday, January 27 at 10:00 a.m. in AOBA's Conference Room
Special Guest: Stephen M. Cordi, Deputy Chief Financial Officer,
DC Office of Tax and Revenue