5 Colo. Code Regs. § 1001-32-C

Current through Register Vol. 47, No. 20, October 25, 2024

Part 5 CCR 1001-32-C - Building Performance Standards and Compliance Pathways

I. Compliance pathways

Owners of covered buildings must reduce building greenhouse gas emissions through one of the following building performance standards compliance pathways. Owners of covered buildings must comply with the performance standard in the selected compliance pathway on an annual basis beginning in 2026. Owners of covered buildings must meet and maintain the 2026 standard for the calendar years 2026 through 2029 and the 2030 standard for calendar years 2030 through 2050, unless otherwise extended by subsequent rules of the Commission.

I.A. Energy efficiency

I.A.1. The covered building owner must reduce the energy consumption of the building through the implementation of energy efficiency measures and/or technologies to meet the applicable property type weather-normalized site EUI target in Table 1.

I.A.2. Building owners who received a waiver for the 2021 benchmarking requirement or building owners who did not submit benchmarking data will automatically be assigned a weather-normalized site EUI target based on the data submitted for the other buildings of the same property type.

I.A.3. Standard percent reduction

I.A.3.a. A covered building owner unable to achieve the site EUI target in Table 1 may comply by achieving and maintaining a standard percent reduction in their covered building's weather-normalized site EUI as compared to the covered building's 2021, or first reporting year, benchmarked baseline weather-normalized site EUI. Under this compliance pathway, the covered building must

I.A.3.a.(i) In 2026, achieve and maintain a standard percent reduction of 13% in comparison to the covered building's 2021 benchmarked baseline weather-normalized site EUI.

I.A.3.a.(ii) In 2030, achieve and maintain a standard percent reduction of 29% in comparison to the covered building's 2021 benchmarked baseline weather-normalized site EUI.

I.B. Greenhouse gas intensity reductions

I.B.1. A covered building owner unable to achieve the building performance standards in Part C, Section I.A. may demonstrate compliance through reduction of greenhouse gas emissions attributable to the building's energy use through energy efficiency or replacing fossil fuel equipment with high-efficiency electric equipment. A building owner unable to fully comply with the greenhouse gas compliance pathway target may use customer-owned retail distributed generation systems or retail distributed generation or utility subscription services in accordance with the requirements of Sections I.B.1.b. or I.B.1.c. or I.B.1.d., or may achieve greenhouse gas reductions through alternative measures approved by the CEO in accordance with Section I.B.1.e. In order to use customer-owned retail distributed generation systems or retail distributed generation, the covered building owner must demonstrate that the covered building owner has submitted an energy audit to the CEO and demonstrated that a building owner has exhausted cost-effective energy efficiency and electrification measures for the covered building. In using renewable energy generated by a customer-owned retail distributed generation system or retail distributed generation, a covered building owner.

I.B.1.a. Must demonstrate that the covered building has not met the applicable greenhouse gas emissions intensity target in Table 1 using the ENERGY STAR Portfolio Manager Building Emissions Calculator. A covered building owner must demonstrate this by doing the following

I.B.1.a.(i) Import or upload the data for the covered building from ENERGY STAR Portfolio Manager to the ENERGY STAR Portfolio Manager Building Emissions Calculator;

I.B.1.a.(ii) Apply the applicable Colorado locality-specified emission factor for grid-supplied electricity to the results to obtain total greenhouse gas emissions; and

I.B.1.a.(iii) Divide the covered building's total greenhouse gas emissions from the ENERGY STAR Portfolio Manager Building Emissions Calculator by the square footage of the building to determine the building's greenhouse gas intensity value for comparison to the targets in Table 1.

I.B.1.b. May use renewable energy demonstrated through retention of RECs from the covered building owner's customer-owned retail distributed generation system that represent no more than the amount of electricity consumed by the building on an annual basis for each compliance year in Table 1 to demonstrate compliance with the performance target.

I.B.1.c. The owner of a covered building who does not own the RECs from their customer-owned retail distributed generation system or from retail distributed generation where the interconnection request was filed with the utility company prior to December 31, 2023, may purchase RECs associated with other renewable energy resources located in Colorado to demonstrate compliance with Section I.B. if the following conditions are met.

I.B.1.c.(i) The covered building owner owns the RECs and retires them in the year generated;

I.B.1.c.(ii) The customer-owned retail distributed generation system or retail distributed generation is located in Colorado, either onsite or offsite of the covered building; and

I.B.1.c.(iii) The covered building owner submits to the CEO an energy audit for the building completed by an approved energy auditor as specified in Sections II.C.1. through II.C.4. The CEO may request that the covered building owner provide additional information demonstrating that the building owner has analyzed energy efficiency and electrification options, will employ those to the extent feasible, and renewable electric generation is the only way to make up any remaining gap to comply with the greenhouse gas intensity reduction target.

I.B.1.c.(iv) Once the covered building owner has submitted the energy audit and demonstrates that a building owner has exhausted cost-effective energy efficiency and electrification measures for the covered building, the building owner may use renewable energy that represents no more than the amount of electricity produced by the customer-owned retail distributed generation system or retail distributed generation and consumed by the covered building on an annual basis for each compliance year in Table 1.

I.B.1.d. Owners of under-resourced buildings may utilize utility subscription services as a compliance mechanism subject to the following limitations.

I.B.1.d.(i) The under-resourced building owner submits to the CEO an energy audit for the building completed by an approved energy auditor as specified in Part B. Sections II.C.1. through II.C.5. The CEO may request that the building owner provide additional information demonstrating that the building owner has analyzed energy efficiency and electrification options, will employ those to the extent feasible, and renewable electric generation is the only way to make up any remaining gap to comply with the GHG intensity reduction target.

I.B.1.d.(ii) Once the under-resourced building owner has submitted the energy audit and demonstrates that the under-resourced building owner has exhausted cost-effective energy efficiency and electrification measures for the covered building, the under-resourced building owner may use may use renewable energy demonstrated through retention of RECs associated with subscription services for no more than the amount needed to achieve compliance for under this section after the results and recommendations of the energy audit for the building are taken into account.

I.B.1.d.(iii) Any renewable energy resources and associated RECs retired for purposes of demonstrating compliance with this section and utilized as part of a utility subscription service are not also used for any other utility emission reduction requirement, including but not limited to Clean Energy Plan compliance.

I.B.1.e. The owner of a covered building may use alternative measures, including utility-offered programs, not identified in this subsection to demonstrate compliance with Section I.B. if the owner obtains written approval from the CEO. The owner of a covered building shall submit an application to the CEO at least six months prior to implementation of the measure. The measure can be used for compliance only if the following conditions are met.

I.B.1.e.(i) The measure achieves reduction of greenhouse gas emission in Colorado.

I.B.1.e.(ii) The greenhouse gas emission reductions are not the result of decarbonization of the electrical or natural gas utility grids.

I.B.1.e.(iii) The CEO, in consultation with the Division, approves the calculation methodology to quantify the greenhouse gas emission reductions.

I.B.2. Standard percent reduction

I.B.2.a. A covered building owner unable to achieve the site GHG-intensity target in Table 1 may comply by achieving and maintaining a standard percent reduction in their covered building's greenhouse gas intensity as compared to the covered building's 2021, or first reporting year, benchmarked baseline greenhouse gas intensity by using the ENERGY STAR Portfolio Manager Building Emissions Calculator and applying the applicable Colorado-specific emission factor for electricity to both the baseline emissions calculation and the target year emissions calculation and converting the results to greenhouse gas intensity values in kg CO2e/SF to determine the percent reduction achieved. Under this compliance pathway, the covered building must

I.B.2.a.(i) In 2026, achieve and maintain a standard percent reduction of 13% in comparison to the covered building's 2021 benchmarked baseline that has been converted to a greenhouse gas intensity value.

I.B.2.a.(ii) In 2030, achieve and maintain a standard percent reduction of 29% in comparison to the covered building's 2021 benchmarked baseline that has been converted to a greenhouse gas intensity value.

I.B.2.a.(iii) Comply with the requirements of Sections I.B.1.b. or I.B.1.c., if applicable.

I.B.2.a.(iv) Demonstrate that the covered building has met the applicable standard percent reduction using the ENERGY STAR Portfolio Manager Building Emissions Calculator as specified in Sections I.B.1.a.(i) through I.B.1.a.(iii).

Table 1 - Property Type Site EUI and GHG Intensity Targets
Property Type	2026-2029 Site EUI (kBtu/SF)	2030-2050 Site EUI (kBtu/SF)	2026-2029 GHG Intensity (kg CO2e/SF)	2030-2050 GHG Intensity (kg CO2e/SF)
Adult Education	53.1	42.6	3.3	1.9
Ambulatory Surgical Center	79.2	42.6	4.9	2.8
Aquarium	98.3	63.5	6.1	3.5
Automobile Dealership	55.8	78.8	3.5	2.0
Bank Branch	83.0	44.7	5.1	3.0
Bar/Nightclub	113.0	66.6	7.0	4.0
Barracks	52.8	90.6	3.3	2.0
Bowling Alley	114.5	44.9	7.1	3.6
Casino	74.6	81.5	4.6	2.5
College/University	74.1	58.3	4.6	2.6
Convenience Store with Gas Station	205.9	165.1	12.8	7.4
Convenience Store without Gas Station	237.5	190.5	14.7	8.5
Convention Center	43.0	34.5	2.7	1.5
Courthouse	66.8	53.6	4.1	2.4
Distribution Center	38.5	30.9	2.4	1.4
Enclosed Mall	59.5	47.7	3.7	2.1
Fast Food Restaurant	406.1	325.8	25.2	14.5
Financial Office	57.2	46.9	3.5	2.1
Fire Station	59.5	47.7	3.7	2.1
Fitness Center/Health Club/Gym	114.5	81.5	7.1	3.6
Food Sales	202.6	162.5	12.6	7.3
Food Service	244.3	195.9	15.2	8.7
Hospital (General Medical & Surgical)	217.6	172.0	13.5	7.7
Hotel	64.3	54.3	4.0	2.4
Ice/Curling Rink	114.5	81.5	7.1	3.6
Indoor Arena	74.6	56.2	4.6	2.5
K-12 School	56.9	49.1	3.5	2.2
Laboratory	200.7	161.0	12.5	7.2
Library	69.0	55.3	4.3	2.5
Lifestyle Center	59.8	39.0	3.7	1.7
Mailing Center/Post Office	60.6	48.6	3.8	2.2
Medical Office	76.7	64.9	4.8	2.9
Movie Theater	74.6	56.2	4.6	2.5
Multifamily Housing	50.6	42.1	3.1	1.9
Museum	74.6	56.2	4.6	2.5
Non-Refrigerated Warehouse	38.0	27.5	2.4	1.2
Office	57.2	46.9	3.5	2.1
Other	70.3	55.0	4.4	2.5
Other - Education	53.1	42.6	3.3	1.9
Other - Entertainment/Public Assembly	98.3	78.8	6.1	3.5
Other - Lodging/Residential	66.9	53.7	4.2	2.4
Other - Mall	78.7	63.1	4.9	2.8
Other - Public Services	45.1	36.2	2.8	1.6
Other - Recreation	114.5	81.5	7.1	3.6
Other - Restaurant/Bar	253.2	203.1	15.7	9.1
Other - Services	45.1	36.2	2.8	1.6
Other - Specialty Hospital	217.6	172.0	13.5	7.7
Other - Stadium	74.6	56.2	4.6	2.5
Other - Technology/Science	70.3	55.0	4.4	2.5
Outpatient Rehabilitation/Physical Therapy	79.2	63.5	4.9	2.8
Performing Arts	74.6	56.2	4.6	2.5
Personal Services (Health/Beauty, Dry Cleaning, etc.)	45.1	36.2	2.8	1.6
Police Station	59.5	47.7	3.7	2.1
Pre-school/Daycare	50.8	40.7	3.1	1.8
Prison/Incarceration	108.3	86.9	6.7	3.9
Race Track	74.6	56.2	4.6	2.5
Refrigerated Warehouse	83.3	66.8	5.2	3.0
Repair Services (Vehicle, Shoe, Locksmith, etc.)	45.1	36.2	2.8	1.6
Residence Hall/Dormitory	52.8	44.9	3.3	2.0
Residential Care Facility	68.0	57.7	4.2	2.6
Restaurant	253.2	203.1	15.7	9.1
Retail Store	57.3	41.5	3.6	1.9
Roller Rink	114.5	81.5	7.1	3.6
Self-Storage Facility	10.9	7.7	0.7	0.3
Senior Living Community	68.0	57.7	4.2	2.6
Social/Meeting Hall	43.0	34.5	2.7	1.5
Stadium (Closed)	74.6	56.2	4.6	2.5
Stadium (Open)	74.6	56.2	4.6	2.5
Strip Mall	59.8	39.0	3.7	1.7
Supermarket/Grocery Store	158.3	140.0	9.8	6.2
Swimming Pool	114.5	81.5	7.1	3.6
Transportation Terminal/Station	98.3	78.8	6.1	3.5
Urgent Care/Clinic/Other Outpatient	76.7	64.9	4.8	2.9
Veterinary Office	76.7	64.9	4.8	2.9
Vocational School	53.1	42.6	3.3	1.9
Wholesale Club/Supercenter	57.3	41.5	3.6	1.9
Worship Facility	41.7	38.4	2.6	1.7
Zoo	98.3	78.8	6.1	3.5

I.C. Upon a complete submission of the information described in Section I.C.3., the CEO will assign data centers a power usage effectiveness (PUE) target based on

I.C.1. The data center's total facility energy usage, including all data center hardware, power delivery components, cooling systems, and lighting systems;

I.C.2. Information technology (IT) equipment energy usage for the data center, including the energy used to power the storage and networking equipment and control equipment such as monitors and workstations; and

I.C.3. An energy audit of the data center conducted by a qualified energy auditor demonstrating feasible options to reduce the data center's PUE including, but not limited to, improving cooling systems, replacing inefficient hardware, using energy efficient lighting, optimizing redundant power supplies, using virtualization techniques (e.g., virtual servers), and installing battery storage instead of emergency generators for short term power outages.

I.C.3.a. The energy audit may be created using the U.S. Department of Energy's Audit Template Tool or a similar CEO-approved program equivalent to an ASHRAE Level 2 energy audit and must include a report describing the results and recommendations of the audit.

I.C.3.b. Energy auditors must have an in-depth knowledge of data center operations and energy efficiency measures and may be certified by the Association of Energy Engineers (AEE), ASHRAE, the Energy Management Association, the Building Performance Institute, or similar CEO-approved certifying entity.

I.C.3.c. Energy auditors must certify that the results of the energy audit are accurate and complete.

I.C.4. To request a building specific target, the owner of the covered building must submit the information in Section I.C.3. to the CEO on a CEO-approved form by December 31, 2025, for the 2026 target and December 31, 2029, for the 2030 target.

I.D. Mixed use buildings, marijuana cultivation facilities, and covered buildings with installed electric vehicle (EV) charging stations that are not able to be sub-metered will default to the standard percent reduction compliance pathway in Part C, Sections I.A.3. or I.B.2. If these buildings do not choose to comply with the standard percent reduction compliance pathway in Part C, Sections I.A.3. or I.B.2., they may request an individualized target.

I.D.1. Mixed use buildings will be assigned an individualized blended target based on building specific criteria including, but not limited to, the gross floor area for each property type for that building; total energy consumption; sub-metered energy consumption; and data center or server closet size, if applicable.

I.D.2. Covered buildings with installed electric vehicle (EV) charging stations that are not able to be sub-metered will be assigned an individualized target based on the energy usage of the covered building excluding the installed EV charging station(s) energy usage.

I.D.3. Marijuana cultivation facilities will be assigned a target based on the facility's total gross floor area and energy usage, including climate control, lighting, and irrigation systems.

I.D.4. To request an individualized target, the owner of the covered building must submit the following to the CEO on a CEO-approved form by December 31, 2025, for the 2026 target and December 31, 2029, for the 2030 target.

I.D.4.a. The covered building's 2021 and each subsequent year of benchmarking data. New covered buildings for which a 2021 baseline does not exist must provide the benchmarking data submitted for the first full calendar year of building data.

I.D.4.b. Mixed use buildings must submit documentation of the gross floor area for each property type for that building; total energy consumption; sub-metered energy consumption; data center or server closet size, if applicable; and other criteria listed on the CEO-approved form.

I.D.4.c. Covered buildings with EV charging stations that are not sub-metered must submit documentation of the specific energy usage of the EV charging stations.

I.D.4.d. Marijuana cultivation facilities must submit documentation of the facility's total gross floor area and energy usage, including climate control, lighting, and irrigation systems; and other criteria listed on the CEO-approved form.

I.E. Owners of covered buildings that seek to challenge an individualized target assigned by the CEO pursuant to Sections I.C. or I.D. must apply for a target adjustment pursuant to Sections II.B. and II.C. Data centers applying for a building specific target adjustment need not perform a second energy audit as required in Part C, Section II.C.

II. Compliance pathway adjustments

II.A. Adjusted Timeline

Covered building owners may request an adjustment to the timeline to achieve the 2026 and/or 2030 building performance standards pursuant to Part C, Section I. The request must be submitted on a CEO approved form. To apply for a timeline adjustment a covered building owner must

II.A.1. Submit an application to the CEO requesting an adjusted timeline, including

II.A.1.a. The specific adjusted timeline needed.

II.A.1.b. Documentation of the need for the adjusted timeline.

II.A.1.c. The covered building owner's plan to achieve the performance targets within the adjusted timeline.

II.A.1.d. An inventory of the natural gas equipment in the building including the age of the equipment and the energy savings associated with electrification of the equipment, if applicable.

II.A.1.e. Purchase orders for necessary equipment demonstrating purchase and delivery dates, and any additional documentation demonstrating supply chain delays specific to that equipment, if applicable.

II.A.1.f. Documentation demonstrating collaboration with the building's utility(ies) related to updating the electrical distribution infrastructure, if applicable.

II.A.2. Covered building owners applying for an adjusted timeline must submit their application to the CEO by December 31, 2025, for the 2026 target and by December 31, 2029, for the 2030 target.

II.A.3. Covered building owners that may apply for this type of adjustment include, but are not limited to

II.A.3.a. Affordable housing and under-resourced buildings.

II.A.3.a.(i) Owners of covered buildings that do not fall into one of the categories in the definition of under-resourced buildings in Part A, Section III.WW. may petition the CEO for status as an under-resourced building by submitting on a CEO-approved form a description of the building; an explanation of why the building should be considered under-resourced; and evidence that the building has less access to resources than other similarly situated buildings in the relevant utility service territory.

II.A.3.b. Buildings undergoing a major renovation that does not align with the target dates but that will achieve the site EUI or greenhouse gas target.

II.A.3.c. Building owners experiencing significant supply chain or workforce delays.

II.A.3.d. Building owners who can demonstrate a plan to replace building heating and cooling systems at end of life where the system end of life occurs after the compliance period.

II.A.3.e. Building owners experiencing financial hardship, as defined in Part A, Section III.X.

II.A.3.f. Inherent and unique characteristics of the physical building that prohibit them from reaching the timeline.

II.A.3.g. Buildings that require updates to the electrical distribution infrastructure that cannot be timely completed to meet the performance standard deadline.

II.A.3.h. Building owners that purchase a covered building within the 12 month period before a required building performance standard deadline. Building performance standard deadline is December 31, 2026, for the 2026 target and December 31, 2030, for the 2030 target.

II.B. Standard Performance Target Adjustments

Covered building owners who have selected the EUI or GHG compliance pathway may request a standard adjusted 2026 and/or 2030 performance target. The request must be submitted on a CEO approved form.

II.B.1. As part of the standard performance target adjustment, buildings with multiple property types will be assigned a standard blended target based on the percentage of gross floor area assigned to each property type for that building. The CEO will also consider other standard adjustments as suggested by EPA, Department of Energy, or other nationally recognized entities.

II.B.2. The request must be submitted on a CEO approved form. To apply for an adjusted target a covered building owner must submit

II.B.2.a. Each year of the benchmarking data from 2021 up to the request year (e.g., for a January 1, 2025, request submit 2021-2024 data). New covered buildings for which a 2021 baseline does not exist must provide each year of benchmarking data starting with and following the year the owner receives a certificate of occupancy for the building. The covered building must also submit a third-party data verification checklist for each year of benchmarking data.

II.B.2.b. A list of property types at the covered building and the associated square footage for each property type.

II.B.2.c. Third-party data verification.

II.B.3. The CEO may request other information from the covered building owner in order to generate a standard performance adjustment target.

II.C. Adjusted Performance Target for Under-Resourced Buildings

Owners of under-resourced buildings may request an adjusted 2026 and/or 2030 performance target. The request must be submitted on a CEO approved form. To apply for an adjusted target the owner of an under-resourced building must

II.C.1. Submit an application to the CEO requesting an adjusted target, including

II.C.1.a. Each year of the benchmarking data from 2021 up to the request year (e.g., for a January 1, 2025, request submit 2021-2024 data). New covered buildings for which a 2021 baseline does not exist must provide each year of benchmarking data starting with and following the year the owner receives a certificate of occupancy for the building. The covered building must also submit a third-party data verification checklist for each year of benchmarking data.

II.C.1.b. Narrative detailing the building characteristics (e.g., year of construction, state or federal historical status, etc.) or functional variations that qualify for an adjustment.

II.C.1.c. An inventory of the natural gas equipment in the building including the age of the equipment and the electrification feasibility of the equipment.

II.C.1.d. Documentation of operation and maintenance improvements including how the building owner will implement long-term payback measures in the building.

II.C.1.e. Documentation demonstrating collaboration with the building's utility or utilities to determine the feasibility of gas and electric beneficial electrification and/or gas or electric demand side management programs.

II.C.2. Covered building owners applying for an adjusted target must submit their application to the CEO by December 31, 2025, for the 2026 target and by December 31, 2029, for the 2030 target.

II.C.3. Covered building owners that may apply for this type of adjustment include, but are not limited to

II.C.3.a. Covered buildings with inherent and unique characteristics of the physical building that make the weather normalized site EUI target unachievable or cost prohibitive.

II.C.3.b. Affordable housing and under-resourced buildings.

II.C.3.b.(i) Owners of covered buildings that do not fall into one of the categories in the definition of under-resourced buildings in Part A, Section III.WW. may petition the CEO for status as an under-resourced building by submitting on a CEO-approved form a description of the building; an explanation of why the building should be considered under-resourced; and evidence that the building has less access to resources than other similarly situated buildings in the relevant utility service territory.

II.D. Owners of covered buildings applying for a compliance adjustment to a building's target or timeline pursuant to Part C, Section II.A. must also submit to the CEO an energy audit for the building completed by an approved energy auditor.

II.D.1. The building owner must submit an energy audit created using the U.S. Department of Energy's Audit Template Tool or similar CEO-approved program, equivalent to an ASHRAE Level 2 energy audit, and a report describing the results and recommendations of the audit.

II.D.2. The audit report must include the achievable weather-normalized site EUI for the building, based on the results and recommendations of the audit.

II.D.3. Energy auditors must be certified by the Association of Energy Engineers (AEE), ASHRAE, the Energy Management Association, the Building Performance Institute, or similar CEO-approved certifying entity.

II.D.4. Energy auditors must certify that the results of the energy audit are accurate and complete.

II.D.5. The energy audit may be in the form of a strategic energy management plan for covered buildings that are part of a campus.

II.E. In addition to target adjustment application materials submitted by an owner of a covered building, the CEO will also consider the appropriateness of a standard adjustment as suggested by EPA.

II.F. Owners of covered buildings that will demonstrate compliance with the building performance standards through a compliance pathway other than the selected compliance pathway, as specified pursuant to Part B, Section I.A., may request an adjustment from the CEO. The covered building owner must provide the materials required in Part B, Sections II.B. and II.C. and demonstrate that the building owner has achieved compliance through the other compliance pathway. The request must be submitted to the CEO on a CEO-approved form by January 31, 2027 (for the 2026 target) and January 31, 2031 (for the 2030 target).

II.G. If a covered building owner's adjustment request is denied by the CEO, the building owner may request the CEO executive director (or their designee) to review the determination. The building owner must request the review within ninety (90) days of the initial denial. The executive director (or their designee) will make a recommendation on the adjustment request within 120 days of the review request.

III. A covered building owner that fails to meet the building performance standards through one of the compliance pathways in Section I. in the timeframe(s) specified or under an approved adjustment pursuant to Section II. must meet the building performance standards as expeditiously as practicable.

III.A. Failure to timely comply with a performance standard under Part C will constitute a violation of these rules.

III.B. Until compliance is achieved, on the last day of every month after a covered building owner fails to meet the building performance standards by the date(s) specified in Section I., the building owner must either demonstrate compliance with the building performance standards or demonstrate progress towards meeting the building performance standards.

III.B.1. Initial reporting under Section III.A. must include documentation demonstrating the building owner's retrofit plan including an outline of proposed improvements, the timeframe in which improvements will be made, and how the improvements will result in the building reaching the applicable target of the chosen compliance pathway. The retrofit plan must include at least two contractor project cost estimates.

III.B.2. Subsequent monthly reports must include a description of any work completed under the retrofit plan and documentation that plan milestones have been met.

III.B.3. This demonstration must be provided to the CEO until the covered building owner demonstrates compliance with the building performance standards or until a new building performance standard becomes applicable, at which time the covered building owner must meet the new building performance standard.

III.C. Each month that a covered building owner fails to demonstrate compliance with the building performance standards or demonstrate progress towards meeting the building performance standards, as set forth in Section III.A., constitutes an independent violation and may subject the covered building owner to additional civil penalties under 25-7-122, C.R.S. (2022), beyond the penalties specified in Part E. and, in addition to civil penalties, a requirement to perform one or more projects to mitigate violations related to excess emissions of greenhouse gas emissions. Covered building owners in violation of this Section III. may also be subject to injunctive relief under § 25-7-121, C.R.S. (2022).

5 CCR 1001-32-C

46 CR 18, September 25, 2023, effective 10/15/2023