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HomeMy WebLinkAboutLL #11 2016 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 ROSSANA ROSADO WNNV.DOS NY.GOV SECRETARY OF STATE December 6, 2016 RECEIVED Lynda M Rudder Deputy Town Clerk DEC 1 2 2016 Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 Southold Town Clerk RE: Town of Southold, Local Law 11 2016, filed on December 5, 2016 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 473-2492 IOppWYORKDepartment E OFORTUNITY. of State SOUTHOLD TOWN BOARD PUBLIC HEARING November 22, 2016 4:34 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Bill Duffy This hearing was opened at 4:59 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 1St day of November, 2016, a Local Law entitled "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 22nd day of November,2016 at 4:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" reads as follows: LOCAL LAW NO. 2016 A Local Law entitled, "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" BE IT ENACTED by the Town Board of the Town of Southold as follows: The Code of the Town of Southold is hereby amended by adding a new Chapter [#], entitled "MUNICIPAL BUILDING ENERGY BENCHMARKING,"to read as follows: §1. PURPOSE. Buildings are the single largest user of energy in the State of New York. The poorest performing buildings typically use several times the energy of the highest performing buildings-for the exact Municipal Energy Benchmarking Hearing November 22, 2016 page 2 same building use. As such, this Local Law will use Building Energy Benchmarking to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Town of Southold. Collecting, reporting, and sharing Building Energy Benchmarking data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide. Equipped with this information, the Town of Southold is able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement. §2. DEFINITIONS (A) "Benchmarking Information" shall mean information generated by Portfolio Manager, as herein defined including descriptive information about the physical building and its operational characteristics. (B) "Building Energy Benchmarking" shall mean the process of measuring a building's Energy use, tracking that use over time, and comparing performance to similar buildings. (C) "Commissioner" shall mean the head of the Department. (4) "Covered Municipal Building" shall mean a building or facility that is owned or occupied by the Town of Southold that is 1,000 square feet or larger in size. (5) "Department" shall mean the Town of Southold Department of Public Works (6) "Energy" shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use. (7) "Energy Performance Score" shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings. (8) "Energy Use Intensity (EUI)" shall mean the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area. (9) "Gross Floor Area" shall mean the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy. (11) "Portfolio Manager" shall mean ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor. Municipal Energy Benchmarking Hearing November 22, 2016 page 3 (12) "Utility" shall mean an entity that distributes and sells Energy to Covered Municipal Buildings. (13) "Weather Normalized Site EUI" shall mean the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between average temperatures and yearly fluctuations. §3. APPLICABILITY (1) This Local Law is applicable to all Covered Municipal Buildings as defined in Section 2 of this Local Law. (2) The Commissioner may exempt a particular Covered Municipal Building from the benchmarking requirement if the Commissioner determines that it has characteristics that make benchmarking impractical. §4. BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS (1) No later than December 31, 2016, and no later than May 1 every year thereafter, the Commissioner or his or her designee from the Department shall enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar year. (2) For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by the first applicable date following occupancy for inputting Energy use into Portfolio Manager, the Commissioner or his or her designee from the Department shall begin inputting data in the following year. §5. DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION (1) The Department shall make available to the public on the internet Benchmarking Information for the previous calendar year: (a) no later than December 31, 2016 and by September 1 of each year thereafter for Covered Municipal Buildings; and (2) The Department shall make available to the public on the internet and update at least annually, the following Benchmarking Information: (a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and (b) For each Covered Municipal Building individually: (i) The status of compliance with the requirements of this Local Law; and (ii) The building address, primary use type, and gross floor area; and (iii) Annual summary statistics, including site EUI, Weather Normalized Source EUI, annual GHG emissions, and an Energy Performance Score where available; and (iv) A comparison of the annual summary statistics (as required by Section 5(2)(b)(iii) of this Local Law) across calendar years for all years since annual reporting under this Local Law has been required for said building. Municipal Energy Benchmarking Hearing November 22, 2016 page 4 §6. MAINTENANCE OF RECORDS The Department shall maintain records as necessary for carrying out the purposes of this Local Law, including but not limited to Energy bills and other documents received from tenants and/or Utilities. Such records shall be preserved by the Department for a period of three (3) years. §7. ENFORCEMENT AND ADMINISTRATION (1) The Commissioner or his or her designee from the Department shall be the Chief Enforcement Officer of this Local Law. (2) The Chief Enforcement Officer of this Local Law may promulgate regulations necessary for the administration of the requirements of this Local Law. (3) Within thirty days after each anniversary date of the effective date of this Local Law, the Chief Enforcement Officer shall submit a report to the Town Board including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Commissioner determined to be exempt from the benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this Local Law. §8. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by,any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. §9. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have an affidavit that this has been noticed in the Suffolk Times and also on the Town Clerk's bulletin board. And that is it., SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law to please feel free. Anybody? (No response) This hearing was closed at 5:01 PM Elizabth A. Neville Southold Town Clerk Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Wednesday, November 30, 2016 3:16 PM To: Rudder, Lynda Subject: RE: LL#11.docx Thank you for your e-mail If you are sending legislation for your Code project or your next Code supplement, it will be processed in the usual manner. (Please note that legislation that is posted under"New Laws" in eCode3600 will appear exactly as submitted to General Code.) All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail Customer Service. General Code 1-800-836-8834 ersupp aa)-generalcode.com a 1 VIII VIII VIII III II IIIIIIIIII VIII IIII IIIIIIII II IIII EM 689186296 US u� PO ZIP Code e - 1 Day of Delivery l�fy('�� Postage � � 1 ElNext 2nd I]2nd D¢I Day /� Scheduled Dat% ery Return Receipt ee y/Date Accepted W I fg `pay 1�ar Scheduled Time of Delivery COD Fee I Insurance Fee Time Accepted ❑AMNocn ❑3 PM $ $ y PM � Ilitary Total Postage&Fees I V Flat Rete 0 or eight ❑2nd Day • -❑3rd Day $ Int'I Alpha Country Code Accep ce E p In(tials lbs ozs MET}IM OF PAYMENT Express Mail Corporate Acct FROM:(PLEASE PRINT) PHONE( ) TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971-0959 win mom= ELIZABETH A. NEVILLE,MMC ��® y �y Town Hall,53095 Main Road TOWN CLERK ® ;� P.O.Box 1179 coo Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER �� ��®�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER g www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 'rte ---- December 2, 2016 '�- �EM689186296US� Express Mail RE: Local Law No. 11 of 2016 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany,NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 11 of 2016 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, 0�4"-e—m Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City 0 Town of SOUTHOLD ❑ Village Local Law No. 11 of the year 2016 . A Local Law entitled, A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. PURPOSE. Buildings are the single largest user of energy in the State of New York. The poorest performing buildings typically use several times the energy of the highest performing buildings-for the exact same building use. As such, this Local Law will use Building Energy Benchmarking to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Town of Southold. Collecting,reporting, and sharing Building Energy Benchmarking data on a regular basis allows municipal ' officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide. Equipped with this information, the Town of Southold is able to make smarter,more cost-effective operational and capital investment decisions,reward efficiency, and drive widespread, continuous improvement. II. The Code of the Town of Southold is hereby amended by adding a new Chapter 177, entitled"MUNICIPAL BUILDING ENERGY BENCHMARKING,"to read as follows: §177-1. DEFINITIONS BENCHMARKING INFORMATION- information generated by Portfolio Manager, as here in defined including descriptive information about the physical building and its operational characteristics. (If additional space is needed, attach pages the same size as this,sheet,and number each.) DOS-239(Rev.05/05) 1 G + BUILDING ENERGY BENCHMARKING-the process of measuring a building's Energy use, tracking that use over time, and comparing performance to similar buildings. COMMISSIONER-the head of the Department. COVERED MUNICIPAL BUILDING- a building or facility that is owned or occupied by the Town of Southold that is 1,000 square feet or larger in size. DEPARTMENT-the Town of Southold Department of Public Works ENERGY - electricity,natural gas, steam,hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use. ENERGY PERFORMANCE SCORE-the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings. ENERGY USE INTENSITY(EUI) -the kBTUs (1,000 British Thermal Units)used per square foot of gross floor area. GROSS FLOOR AREA-the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy. PORTFOLIO MANAGER- ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor. UTILITY- an entity that distributes and sells Energy to Covered Municipal Buildings. WEATHER NORMALIZED SITE EUI-the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between average temperatures and yearly fluctuations. §177-2. APPLICABILITY (1) This Local Law is applicable to all Covered Municipal Buildings as defined in Section Iof this Local Law. (2) The Commissioner may exempt a particular Covered Municipal Building from the benchmarking requirement if the Commissioner determines that it has characteristics that make benchmarking impractical. §177-3. BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS (1) No later than December 31, 2016, and no later than May 1 every year thereafter, the Commissioner or his or her designee from the Department shall enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar year. (2) For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by the 2 first applicable date following occupancy for inputting Energy use into Portfolio Manager, the Commissioner or his or her designee from the Department shall begin inputting data in the following year. §177-4. DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION (1) The Department shall make available to the public on the internet Benchmarking Information for the previous calendar year: (a) no later than December 31, 2016 and by September 1 of each year thereafter for Covered Municipal Buildings; and (2) The Department shall make available to the public on the internet and update at least annually, the following Benchmarking Information: (a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and (b) For each Covered Municipal Building individually: (i) The status of compliance with the requirements of this Local Law; and (ii) The building address,primary use type, and gross floor area; and (iii) Annual summary statistics, including site EUI, Weather Normalized Source EUI, annual GHG emissions, and an Energy Performance Score where available; and (iv) A comparison of the annual summary statistics (as required by Section 5(2)(b)(iii) of this Local Law) across calendar years for all years since annual reporting under this Local Law has been required for said building. §177-5. MAINTENANCE OF RECORDS The Department shall maintain records as necessary for carrying out the purposes of this Local Law, including but not limited to Energy bills and other documents received from tenants and/or Utilities. Such records shall be preserved by the Department for a period of three(3) years. §177-6. ENFORCEMENT AND ADMINISTRATION (1) The Commissioner or his or her designee from the Department shall be the Chief Enforcement Officer of this Local Law. (2) The Chief Enforcement Officer of this Local Law may promulgate regulations necessary for the administration of the requirements of this Local Law. (3) Within thirty days after each anniversary date of the effective date of this Local Law, the Chief Enforcement Officer shall submit a report to the Town Board including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Commissioner determined to be exempt from the benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this 3 Local Law. III.' SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and 4 a strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 11 of 20 16 . of the (Town) of SOUTHOLD was duly passed by the TOWN BOARD on November 22 ,20 16 ,in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or_re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 , and was(approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20___,and was (approved)(not approved)(repassed after disapproval)by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum,and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annual) election held on 20 ,in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5.(City local law concerning Charter revision proposed by petition.) 5 I hereby certify that the local law annexed hereto,designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general) election held on -20---, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York,having been submitted to the electors at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this officeand that the same is a correct transcript there from and of the whole of such original local law,and was finally adopted in the manner indicated in paragraph 1 ,above. Clerk o e County legislative body. City.Town or (Seal) Village Merk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: November 30,2016 (Certification to be executed by County Attorney, Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed her o. Signature William Duffy,Town Attorne;,-,, Damon Hagan,Assistant Town Attorney Title Gity Town of SOUTHOLD Date: November 30,2016 6 Southold Town Board - Letter Board Meeting of November 22, 2016 SU(FOtTC°y2 RESOLUTION 2016-1050 Item# 5.39 ADOPTED DOC ID: 12463 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-1050 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 22, 2016: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 1"day of November, 2016, a Local Law entitled "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,Now Therefore Be It RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" reads as follows: LOCAL LAW NO. 11 2016 A Local Law entitled, "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE. Buildings are the single largest user of energy in the State of New York. The poorest performing buildings typically use several times the energy of the highest performing buildings-for the exact same building use. As such,this Local Law will use Building Energy Benchmarking to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Town of Southold. Collecting, reporting, and sharing Building Energy Benchmarking data on a regular basis allows municipal officials and the public to understand the energy,performance of municipal buildings relative to similar buildings nationwide. Equipped with this information, the Town of Southold is able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement. Il. The Code of the Town of Southold is hereby amended by adding a new Chapter 177, entitled Generated November 28, 2016 Page 49 Southold Town Board - Letter Board Meeting of November 22, 2016 "MUNICIPAL BUILDING ENERGY BENCHMARKING," to read as follows: 177-1. DEFINITIONS BENCHMARKING INFORMATION - information generated by Portfolio Manager, as here in defined includingdescriptive information about the physical building and its operational characteristics. BUILDING ENERGY BENCHMARKING - the process of measuring a building's Energy use tracking that use over time and comparing performance to similar buildings. COMMISSIONER-the head of the Department. COVERED MUNICIPAL BUILDING - a building or facility that is owned or occupied by the Town of Southold that is 1,000 square feet or larger in size. DEPARTMENT- the Town of Southold Department of Public Works ENERGY - electricity, natural gas steam hot or chilled water, fuel oil, or other product for use in a building or renewable on-site electricity generation, for purposes of providing heating cooling lighting water heating or for powering or fueling other end-uses in the building and related facilities as reflected in Utility bills or other documentation of actual Energy use. ENERGY PERFORMANCE SCORE - the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings. ENERGY USE INTENSITY (EUI) -the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area. GROSS FLOOR AREA -the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy. PORTFOLIO MANAGER- ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor. UTILITY - an entity that distributes and sells Energy to Covered Municipal Buildings. WEATHER NORMALIZED SITE EUI -the amount of Energy that would have been used by a property under 30-year average temperatures accounting for the difference between average temperatures and yearly fluctuations. 177-2. APPLICABILITY (1) This Local Law is applicable to all Covered Municipal Buildings as defined in Section 1 Generated November 28, 2016 Page 50 i Southold Town Board - Letter Board Meeting of November 22, 2016 of this Local Law. (2) The Commissioner may exempt a particular Covered Municipal Building from the benchmarking requirement if the Commissioner determines that it has characteristics that make benchmarking impractical. §177-3. BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS (1) No later than December 31, 2016, and no later than May 1 every year thereafter, the Commissioner or his or her designee from the Department shall enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar (2) For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by the first applicable date following occupancy for inputtingEnergy use into Portfolio Manager, the Commissioner or his or her designee from the Department shall begin inputting data in the following year. §177-4. DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION (1) The Department shall make available to the public on the internet Benchmarking Information for the previous calendar}year: (a) no later than December 31, 2016 and by September 1 of each year thereafter for Covered Municipal Buildings; and (2) The Department shall make available to the public on the internet and update at least annually, the following Benchmarking Information: (a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and (b) For each Covered Municipal Building individually_ (i) The status of compliance with the requirements of this Local Law; and (ii) The building address, primary use type, and gross floor area; and (iii) Annual summary statistics, including site EUI, Weather Normalized Source EUI, annual GHG emissions, and an Energy Performance Score where available; and (iv) A comparison of the annual summary statistics (as required by Section 5(2(b)(iii) of this Local Law) across calendar years for all years since annual reporting under this Local Law has been required for said building_ §177-5. MAINTENANCE OF RECORDS The Department shall maintain records as necessary for carrying out the purposes of this Local Law, including but not limited to Energy ills and other documents received from tenants and/or Utilities. Such records shall be preserved by the Department for a period of three (3) years. §177-6. ENFORCEMENT AND ADMINISTRATION (1) The Commissioner or his or her designee from the Department shall be the Chief Enforcement Officer of this Local Law. (2) The Chief Enforcement Officer of this Local Law may promulgate regulations necessary for the administration of the requirements of this Local Law. Generated November 28, 2016 Page 51 1 t 4 t Southold Town Board - Letter Board Meeting of November 22, 2016 ,. () Within thirty days after each anniversary date of the effective date of this Local Law, the Chief Enforcement Officer shall submit a report to the Town Board including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Commissioner determined to be exempt from the benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this Local Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. j{�� �02 s Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated November 28, 2016 Page 52 SUMMARY OF ENACTMENT OF LOCAL LAW ENACTING Chapter 177, entitled "MUNICIPAL BUILDING ENERGY BENCHMARKING" THE PROPOSED LOCAL LAW THAT IS BEING ENACTED ADOPTS CHAPTER 177 OF THE TOWN CODE ENTITLED "MUNICIPAL BUILDING ENERGY BENCHMARKING" THE LOCAL LAW WILL USE BUILDING ENERGY BENCHMARKING TO PROMOTE THE PUBLIC HEALTH, SAFETY, AND WELFARE BY MAKING AVAILABLE GOOD, ACTIONABLE INFORMATION ON MUNICIPAL BUILDING ENERGY USE TO HELP IDENTIFY OPPORTUNITIES TO CUT COSTS AND REDUCE POLLUTION IN THE TOWN OF SOUTHOLD. COLLECTING, REPORTING, AND SHARING BUILDING ENERGY BENCHMARKING DATA ON A REGULAR BASIS ALLOWS MUNICIPAL OFFICIALS AND THE PUBLIC TO UNDERSTAND THE ENERGY PERFORMANCE OF MUNICIPAL BUILDINGS RELATIVE TO SIMILAR BUILDINGS NATIONWIDE. EQUIPPED WITH THIS INFORMATION, THE TOWN OF SOUTHOLD IS ABLE TO MAKE SMARTER, MORE COST-EFFECTIVE OPERATIONAL AND CAPITAL INVESTMENT DECISIONS, REWARD EFFICIENCY, AND DRIVE WIDESPREAD, CONTINUOUS IMPROVEMENT. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LYNDA M RUDDER, Deputy Town Clerk of the Town of Southold,New York being duly sworn, says that on the 7"' day of November , 2016, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York,to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. PH 11/22/16 4: 34 pm—LL—Municipal Building Energy Benchmarking ynda M Rudder Southold Deputy Town Clerk Sworn before me this 7th day of November_, 2016. Notary Public SABRINA M BORN (Votary Public,State of New York No.01 BO6317038 Qualified in Suffolk County Commission Expires Dec.22,2018 #13043 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 10th day of November, 2016. Principal Clerk C� Sworn to before me this 15 day of U U 2016. UI /C-, NA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 QuQllfled In Suttolk County My Gpffl0651e0 04011es fel9meiy 28.2020 nicipal building energy use to help buants and/or Utilities Such records shall identify opportunities to cut costs The preserved by the Department for a and reduce pollution in the Town of �penod of three(3)years LEGAL NOTICE Southold Br §40-7. ENFORCEMENT AND NOTICE OF PUBLIC HEARING Collecting, reporting, and sharing foiADMINISTRATION NOTICE IS HEREBY GIVEN, Building Energy Benchmarking data (1)The Commissioner or his or her that there has been presented to the on a regular basis allows municipal mi designee from the Department shall be Town Board of the Town of Southold, officials and the public to understandaq the Chief Enforcement Officer of this Suffolk County,New York,on the 1st the energy performance of municipal tet Local Law day of November,2016, a Local Law buildings,relative to similar buildings An The Chief Enforcement Officer entitled "A Local Law in relation to nationwide Equipped with this infor- p5 of this Local Law may promulgate reg= Establish Energy Benchmarking Re- mation, the Town of Southold is able �ulations necessary for the administra- quirements for Certain Municipal to make smarter, more cost-effective tion of the requirements of this Local Buildings"and operational and capital investment m Law. NOTICE IS HEREBY FURTHER decisions,reward efficiency,and drive P9 (3) Within thirty days after each GIVEN that the Town Board of the widespread,continuous improvement an anniversary date of the effective date Town of Southold will hold a public §40-2. DEFINITIONS Ej of this Local Law.the Chief Enforce- hearing on the aforesaid Local Law at BENCHMARKING INFORMA- tr ment Officer shall submit a report to the Southold Town Hall, 53095 Main TION-shall mean informationeg ner- P9 the Town Board including but not lim- Road, Southold, New York, on the ated by Portfolio Manager, as herein Pj ited to summary statistics on Energy 22nd day of November, 2016 at 4:34 defined includingdescriptive informa- consumption for Covered Municipal p.m. at which time all interested per- tion about the physical building_ th Buildings derived from aggregation of sons will be given an opportunity to be and its operational characteristics. G Benchmarking Information.a list of all heard BUILDING ENERGY BENCH- Covered Municipal Buildings identify- The proposed Local Law entitled, MARKING - shall mean the process E'ing each Covered Municipal Building „ that the Commissioner determined to A Local Law in relation to Establish of measuring a building's Energy use, ei Energy Benchmarking Requirements tracking that use over time,and com- be exempt from the benchmarking re- for Certain Municipal Buildings" paring_performance to similar build- Qi quirement and the reason for the ex- reads as follows. ings ei emption,and the status of compliance LOCAL LAW NO. 2016 COMMISSIONER-shall mean the al With the requirements of this Local A Local.Law entitled,"A Local Law head of the Department. i Law. 40-8. SEVERABILITY in relation to Establish Energy Bench- COVERED MUNICIPAL BUILD- I marking Requirements for Certain ING-shall mean a building or facility J If any clause, sentence paragraph Municipal Buildings" that is owned or occupied by the Town d section,or part of this Local Law shall BE IT ENACTED by the Town of Southold that is 1.000 square feet or I be adjudged by any court of competent -- Board of the Town of Southold as fol- larger in size. al jurisdiction to be invalid,the judgment — lows. DEPARTMENT - shall mean the it shall not affect the validity of this law = The Code of the Town of Southold Town of Southold Department of Pub- d as a whole or any part thereof other is hereby amended by adding a new lic Works t] than the part so decided to be Chapter 40,40, entitled "MUNICIPAL ENERGY- shall mean electricity, b stitutional or invalid. BUILDING ENERGY BENCH- natural gas,steam,hot or chilled wa- §40-9. EFFECTIVE DATE MARKING."to read as follows. ter,fuel oil,or other product for use S This-Local Law shall take effect im- §40-1. PURPOSE. in a building, or renewable on-site p, mediately upon filing with the Secre- Buildings are the single larg_ electricity generation for purposes tary of State as provided by law est user of energy in the State of of providing heating,coolinlighting, 2 Dated* November 1,2016 New York The poorest performing water heating,or for powering or fuel- y BY ORDER OF THE buildings typically use several times ing other end-uses in the building and li TOWN BOARD the energy of the highest performing related facilities,as reflected in Utility n OF THE TOWN OF SOUTHOLD buildings-for the exact same build- bills or other documentation of actual a Elizabeth A.Neville ing use As such,this Local Law will Energy use. S Southold Town Clerk use Building Energy Benchmarking ENERGY PERFORMANCE v 13043-1T 11/10 to promote the public health safe- SCORE-shall mean the numeric rat- req—_ff v Porffoho 'anagey-r„�„ ty, and welfare by making available ing generated by Portfolio Manager previous calendar year 1!ood,actionable information on mu- that compares the Energy usage of the (2) For new Covered Municipal Rudder, Lynda From: legals <legals@timesreview.com> Sent: Friday, November 04, 2016 3:42 PM To: Rudder, Lynda; Cushman,John; Michaelis, Jessica; Reisenberg, Lloyd; Dinizio,James; Doherty,Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary Cc: Noncarrow, Denis Subject: Re: Municipal Building Energy Benchmarking for publication This notice has been scheduled to publish in the Suffolk Times on 11/10/2016. Thank you q TIDIESE?VI'Id'4�1 x��,. Cerria Orientale Torres Advertising Coordinator 631.354.8011 (D) cto rres Ca-ti m es review.co m www.timesreview.com From:<Rudder>, Lynda Rudder<Ivnda.rudder@town.southold.nv.us> Date: Friday, November 4, 2016 3:49 PM To: "Cushman,John" <John.Cushman@town.southold.nv.us>,Times Review<legals@timesreview.com>, "Lisa Finn (lisafinn@gmail.com)" <lisafinn@gmail.com>, "Michaelis,Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Southold Local (denise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio,James" <iames.dinizio@town.southold.nv.us>, "Doherty,Jill" <iill.doherty@town.southold.nv.us>, "Doroski, Bonnie" <Bonnie.Doroski@town.southold.nv.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, Louisa Evans <lPevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville @town.southold.ny.us>, "Noncarrow, Denis" <denisn@southoldtownny.> ov>, Lynda Rudder<lvnda.rudder@town.southold.nv.us>, "Russell, Scott" <scottr@southoldtownny.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle" <michellet@town.southold.nv.us>, William Ruland <rulandfarm@yahoo.com>, "Duffy, Bill" <billd@southoldtownny.gov>, "Hagan, Damon" <damonh@southoldtownny.gov>, "Silleck, Mary" <marvs@southoldtownny.gov> Cc: "Noncarrow, Denis" <denisn@southoldtownny.gov> Subject: Municipal Building Energy Benchmarking for publication Please publish in the 11/10 edition of the Suffolk Times and the Town website 1 Rudder, Lynda From: legals <legals@timesreview.com> Sent: Friday, November 04, 2016 3:42 PM To: Rudder, Lynda; Cushman,John; Michaelis,Jessica; Reisenberg, Lloyd; Dinizio,James; Doherty,Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary Cc: Noncarrow, Denis Subject: Re: Municipal Building Energy Benchmarking for publication This notice has been scheduled to publish in the Suffolk Times on 11/10/2016. Thankyou r'REVIEW L Cerria Orientale Torres Advertising Coordinator 631.354.8011 (D) ctorresa,timesreview.com www.timesreview.com From: <Rudder>, Lynda Rudder<lynda.rudder@town.southold.ny.us> Date: Friday, November 4, 2016 3:49 PM To: "Cushman,John" <John.Cushman@town.southold.nv.us>,Times Review<legals@timesreview.com>, "Lisa Finn (lisafinn@gmail.com)" <lisafinn@gmail.com>, "Michaelis,Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Southold Local (denise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio,James" <iames.dinizio@town.southold.nv.us>, "Doherty,Jill" <iill.dohertv@town.southold.nv.us>, "Doroski, Bonnie" <Bonnie.Doroski@town.southoId.ny.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, Louisa Evans <lPevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville@town.southold.ny.us>, "Noncarrow, Denis" <denisn@southoldtownny.gov>, Lynda Rudder<Ivnda.rudder@town.southold.nv.us>, "Russell, Scott" <scottr@southoldtownny.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle" <michellet@town.southold.nv.us>, William Ruland <rulandfarm@vahoo.com>, "Duffy, Bill" <billd@southoldtownny.gov>, "Hagan, Damon" <damonh@southoldtownny.�ov>, "Silleck, Mary" <marvs@southoldtownny.gov> Cc: "Noncarrow, Denis" <denisn@southoldtownny.gov> Subject: Municipal Building Energy Benchmarking for publication Please publish in the 11/10 edition of the Suffolk Times and the Town website 1 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 1St day of November, 2016, a Local Law entitled "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of'the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 22nd day of November,2016 at 4:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" reads as follows: LOCAL LAW NO. 2016 A Local Law entitled, "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" BE IT ENACTED by the Town Board of the Town of Southold as follows: The Code of the Town of Southold is hereby amended by adding a new Chapter 40, entitled "MUNICIPAL BUILDING ENERGY BENCHMARKING,"to read as follows: 440-1. PURPOSE. Buildings are the single largest user of energy in the State of New York. Theop orest performing buildings typically use several times the energy of the highest performing buildings-for the exact same building use. As such, this Local Law will use Building Energy Benchmarking to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Town of Southold. Collecting, reporting, and sharing Building Energy Benchmarking data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide. Equipped with this information,the Town of Southold is able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement- 440-2. DEFINITIONS BENCHMARKING INFORMATION- shall mean information generated by Portfolio Manager, as herein defined includingdescriptive information about the physical building and its operational characteristics. BUILDING ENERGY BENCHMARKING - shall mean the process of measuring a building's Energy use, tracking that use over time, and comparing performance to similar buildings. COMMISSIONER- shall mean the head of the Department. COVERED MUNICIPAL BUILDING - shall mean a building or facility that is owned or occupied by the Town of Southold that is 1,000 square feet or larger in size. DEPARTMENT --shall mean the Town of Southold Department of Public Works ENERGY- shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building or renewable on-site electricity generation for purposes of providingheating cooling lighting water heating or for powering or fueling other end-uses in the building and related facilities as reflected in Utility bills or other documentation of actual Energy use, ENERGY PERFORMANCE SCORE - shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings. ENERGY USE INTENSITY (EUI) - shall mean the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area. GROSS FLOOR AREA- shall mean the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy. PORTFOLIO MANAGER- shall mean ENERGY STAR Portfolio Manager,the internet- based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance-of buildings nationwide, or successor. UTILITY - shall mean an entity that distributes and sells Energy to Covered Municipal Buildings. WEATHER NORMALIZED SITE EUI- shall mean the amount of Energy that would have been used by property under 30-year average temperatures, accounting for the difference between averageperatures and yearly fluctuations. X40-3. APPLICABILITY (1) This Local Law is applicable to all Covered Municipal Buildings as defined in Section 2 of this Local Law. - (2) The Commissioner ma exempt a particular Covered Municipal Building from the benchmarking requirement if the Commissioner determines that it has characteristics that make benchmarking impractical. $40-4. BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS (1) No later than December 31 2016 and no later than May 1 every year thereafter, the Commissioner or his or her designee from the Department shall enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along with all other descriptive•information required by Portfolio Manager for the previous calendar year. (2)I For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by the first applicable date following occupancyfr inputting Energy use into Portfolio Manager, the Commissioner or his or her designee from the Department shall begin inputting data in the following year. §40-5. DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION (1) The Department shall make available to the public on the internet Benchmarking Information for the previous calendar year: (a) no later than December 31, 2016 and by September 1 of each year thereafter for Covered Municipal Buildings; and (2) The Department shall make available to the public on the internet and update at least annually, the following Benchmarking Information: (a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and (b) For each Covered Municipal Building individually_ (i) The status of compliance with the requirements of this Local Law; and (ii) The building address, primary use type, and gross floor area; and (iii) Annual summary statistics, including site EUI, Weather Normalized Source EUI annual GHG emissions, and an Energy Performance Score where available; and (iv) A comparison of the annual summary statistics (as required by Section 5(2)(b)(iii) of this Local Law) across calendar years for all years since annual reporting under this Local Law has been required for said building. .440-6. MAINTENANCE OF RECORDS The Department shall maintain records as necessary for carrying out the purposes of this Local Law, including but not limited to Energy bills and other documents received from tenants and/or Utilities. Such records shall be preserved by the Department for a period of three (3) years. §40-7. ENFORCEMENT AND ADMINISTRATION (1) The Commissioner or his or her designee from the Department shall be the Chief Enforcement Officer of this Local Law. (2) The Chief Enforcement Officer of this Local Law may promulgate regulations necessary for the administration of the requirements of this Local Law. (3) Within thirty days after each anniversary date of the effective date of this Local Law, the Chief Enforcement Officer shall submit a report to the Town Board including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Commissioner determined to be exempt from the benchmarking requirement and the reason for the exemption and the status of compliance with the requirements of this Local Law. 440-8. SEVERABILITY If any clause sentence paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. X40-9. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: November 1, 2016 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on November 10, 2016 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website Southold Town Board - Letter Board Meeting of November 1, 2016 RESOLUTION 2016-1001 Item# 5.41 ADOPTED DOC ID: 12420 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-1001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 1, 2016: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 1St day of November, 2016, a Local Law entitled "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 22nd day of November, 2016 at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" reads as follows: LOCAL LAW NO. 2016 A Local Law entitled, "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" BE IT ENACTED by the Town Board of the Town of Southold as follows: The Code of the Town of Southold is hereby amended by adding a new Chapter [#], entitled "MUNICIPAL BUILDING ENERGY BENCHMARKING,"to read as follows: §1. PURPOSE. Buildings are the single largest user of energy in the State of New York. The poorest performing buildings typically use several times the energy of the highest performing buildings-for the exact same building use. As such, this Local Law will use Building Energy Benchmarking to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Town of Southold. Collecting, reporting, and sharing Building Energy Benchmarking data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide. Equipped with this information, the Town of Southold Generated November 1, 2016 Page 55 Southold Town Board- Letter Board Meeting of November 1, 2016 is able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement. §2. DEFINITIONS (A) "Benchmarking Information" shall mean information generated by Portfolio Manager, as herein defined including descriptive information about the physical building and its operational characteristics. (B) "Building Energy Benchmarking" shall mean the process of measuring a building's Energy use, tracking that use over time, and comparing performance to similar buildings. (C) "Commissioner" shall mean the head of the Department. (4) "Covered Municipal Building" shall mean a building or facility that is owned or occupied by the Town of Southold that is 1,000 square feet or larger in size. (5) "Department" shall mean the Town of Southold Department of Public Works (6) "Energy" shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use. (7) "Energy Performance Score" shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings. (8) "Energy Use Intensity (EUI)" shall mean the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area. (9) "Gross Floor Area" shall mean the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy. (11) "Portfolio Manager" shall mean ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor. (12) "Utility" shall mean an entity that distributes and sells Energy to Covered Municipal Buildings. (13) "Weather Normalized Site EUI" shall mean the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between Generated November 1, 2016 Page 56 Southold Town Board - Letter Board Meeting of November 1, 2016 average temperatures and yearly fluctuations. §3. APPLICABILITY (1) This Local Law is applicable to all Covered Municipal Buildings as defined in Section 2 of this Local Law. (2) The Commissioner may exempt a particular Covered Municipal Building from the benchmarking requirement if the Commissioner determines that it has characteristics that make benchmarking impractical. §4. BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS (1) No later than December 31, 2016, and no later than May 1 every year thereafter, the Commissioner or his or her designee from the Department shall enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar year. (2) For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by the first applicable date following occupancy for inputting Energy use into Portfolio Manager, the Commissioner or his or her designee from the Department shall begin inputting data in the following year. §5. DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION (1) The Department shall make available to the public on the internet Benchmarking Information for the previous calendar year: (a) no later than December 31, 2016 and by September 1 of each year thereafter for Covered Municipal Buildings; and (2) The Department shall make available to the public on the internet and update at least annually, the following Benchmarking Information: (a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and (b) For each Covered Municipal Building individually: (i) The status of compliance with the requirements of this Local Law; and (ii) The building address, primary use type, and gross floor area; and (iii) Annual summary statistics, including site EUI, Weather Normalized Source EUI, annual GHG emissions, and an Energy Performance Score where available; and (iv) A comparison of the annual summary statistics (as required by Section 5(2)(b)(iii) of this Local Law) across calendar years for all years since annual reporting under this Local Law has been required for said building. §6. MAINTENANCE OF RECORDS The Department shall maintain records as necessary for carrying out the purposes of this Local Law, including but not limited to Energy bills and other documents received from tenants and/or Generated November 1, 2016 Page 57 Southold Town Board - Letter Board Meeting of November 1, 2016 Utilities. Such records shall be preserved by the Department for a period of three (3) years. §7. ENFORCEMENT AND ADMINISTRATION (1) The Commissioner or his or her designee from the Department shall be the Chief Enforcement Officer of this Local Law. (2) The Chief Enforcement Officer of this Local Law may promulgate regulations necessary for the administration of the requirements of this Local Law. (3) Within thirty days after each anniversary date of the effective date of this Local Law, the Chief Enforcement Officer shall submit a report to the Town Board including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Commissioner determined to be exempt from the benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this Local Law. §8. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. §9. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. a N Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated November 1, 2016 Page 58