BEPS Compliance and Enforcement Guidebook for Compliance Cycle 1
Appendices

A – Compliance Process Flow Chart

B – Occupancy Thresholds

This section outlines the average annual occupancy thresholds that a building must be below during both baseline years of its approved Pathway (CY2019–2020 or CY2018–2019) to be eligible to receive a baseline adjustment. If this circumstance applies, a building owner may submit a Baseline Adjustment Proposal in accordance with Section 4.4.2.
 
Occupancy is not just a measurement of how many people are in the building. As defined by Portfolio Manager®:
 
“Occupancy is the percentage of your property’s Gross Floor Area (GFA) that is occupied and operational. For example, if you have a 10-story building, that on average has nine of its ten floors fully leased and occupied, the occupancy would be 90%. If you have people working on all floors/areas of your building, then you are 100% occupied.”
 
In addition to measuring the amount of occupied space, occupancy measures the proportion of time a space is operational over the course of a calendar year. For example, if a Retail Store is operational six months of the year but is then not in use for the other six months of the year then its annual average occupancy is 50% (please note that times where a Retail Store open but not at person capacity should be counted as occupied).
 
In most cases, DOEE has set the occupancy threshold required by the EPA ENERGY STAR® Commercial and Industrial program for a building to apply and receive ENERGY STAR certification. For buildings that cannot receive this certification or for buildings that cannot receive an ENERGY STAR Score, DOEE sets the threshold to at least fifty percent (50%).
 
In the case of K-12 Schools and other educational institutions, months in use is used instead of occupancy to determine if a building meets threshold. For example, a K-12 School that is in session for eight months of the year but then is closed for four months can receive an ENERGY STAR Score and therefore meets the threshold. In the case of College/University, the institution must be in operation for six months out of the year.
 
Table 24 lists the occupancy or months in use thresholds by Portfolio Manager Primary Property Type.
 
Table 24 – Average Annual Occupancy/Months in Use Thresholds
 

C – Delay of Compliance Impact Examples

This section provides examples of how a delay of compliance might affect a Pathway’s energy performance and reporting/verification requirements. The examples show some of the most common situations a building owner might encounter but are not exhaustive of all situations that might arise from a delay. A building owner may request interpretation or guidance from DOEE on how a delay might impact a specific building.
 
C.1 – Performance Pathway
Before diving into how a delay would shift requirements, it is first necessary to lay out the energy performance and reporting/verification requirements of Cycle 1. For this example, we assume the building is following the Performance Pathway as shown in Table 25 and Table 26 to meet a 20% reduction in Site EUI.
 
Table 25 – Pre-delay Performance Pathway Energy Performance Requirements – Non-compliant Example

 
Table 26 – Pre-delay Performance Pathway Reporting Requirements

 
In this example, the building completes several projects during Cycle 1 but needs extra time to achieve the 20% saving target. The building owner requests and DOEE approves an additional one-year delay of compliance for the building owner to secure funding and finish projects. The delayed Performance Pathway requirements for this building are listed in Table 27 and Table 28 (delays in italics).
 
Table 27 – Delayed Performance Pathway Energy Performance Requirements Example

 
Table 28 – Delayed Performance Pathway Reporting Requirements Example

 
To summarize the changes from the tables: 1) the evaluation year is now CY2027; 2) the CY2027 District Benchmark Results and Compliance Report and Completed Actions Report will now be used to evaluate performance; and 3) DOEE has added an additional requirement that the building must have its CY2027 District Benchmark Results and Compliance Report third-party verified to ensure the savings were actually realized. With the approved delay, the building has been able to meet the 20% savings target and is compliant with the requirements of Compliance Cycle 1.
 
During the delay, DOEE establishes the Standards for BEPS Period 2, which begins on January 1, 2027). The building’s CY2025 District Benchmark Results and Compliance Report shows that the building does not meet the Standard for BEPS Period 2, so the building must enter a second Compliance Cycle before it completes the first Compliance Cycle. The building owner will need a compliance Pathway for Cycle 2.
 
Because of the delay, the building does not fully realize the required savings during the normal timeframe of Compliance Cycle 1. Per the BEPS Compliance Regulations, the Performance Pathway baseline for Cycle 2 is calculated using the two years preceding the start of the new Compliance Cycle (CY2025–2026). However, these baseline years do not reflect the 20% (or higher) savings that the building should have realized during the first Compliance Cycle but for the delay. They are therefore inappropriate as this building’s baseline for Cycle 2.
 
If the building owner wants to pursue the Performance Pathway for Cycle 2, DOEE will require the building to select the Delay of Compliance Performance ACP option as a condition for approval of the delay. This ACP option adjusts the baseline of the Performance Pathway to be equal to either the actual Site EUI achieved or required Site EUI, whichever is greater, at the end of the previous, delayed Cycle. Table 29 and Table 30 illustrate how this ACP option impacts the energy performance and reporting/verification requirements (delays in italics).
 
Table 29 – Delay of Compliance Performance ACP Option Energy Performance Requirements Compliant Example

 
Table 30 – Delay of Compliance Performance ACP Option Reporting Requirements Example

 
For this example, the building’s baseline Site EUI for Cycle 2 is adjusted so that it reflects the Site EUI that the building was required to achieve by the end of Cycle 1, even though the building had not lowered its Site EUI to that level by the end of Cycle 1. The building meets the energy performance requirements of Compliance Cycle 2 by achieving an evaluated Site EUI of 64 even though the building demonstrated a 25% reduction in Site EUI in Cycle 1. All reporting/verification requirements are the same for Cycle 2.
 
To recap, for buildings on the Delay of Compliance Performance ACP Option, DOEE will adjust the baseline Site EUI for Cycle 2 to be the higher of:
1. the building’s Cycle 1 Required Evaluation Year Site EUI (80.0 in Table 29) and;
2. the building’s Cycle 1 Actual Evaluated Site EUI after the delay (75.0 in Table 29).
 
As shown for the building in Table 29, the evaluated Site EUI for the Cycle 1 performance period is greater than 20%, therefore the evaluated Site EUI for the Cycle 2 baseline years is only set to 20%.
 
Now consider a building on the Performance Pathway for Cycle 1 that has an approved additional one-year delay, and during the delay DOEE establishes the Standards for BEPS Period 2. The building fails to meet the Standard and enters Compliance Cycle 2 before it completes Cycle 1. As a condition of the delay, and based on the building owner’s desire to use the Performance Pathway in Cycle 2, it is placed on the Delay of Compliance Performance ACP Option for Cycle 2. However, in this case the building only achieves a 15% reduction in the delayed Cycle 1 evaluation year. The first impact is that the building will be required to pay an alternative compliance payment for Cycle 1 (Chapter 6), but this will also impact the Cycle 2 baseline in the Delay of Compliance Performance ACP Option.
 
Table 31 shows a potential outcome on the ACP option. In this case, the evaluated Site EUI from Cycle 1, which is higher than the Cycle 1 required Site EUI, becomes the building’s baseline Site EUI for Cycle 2. The resulting Cycle 2 baseline Site EUI is higher than it was in the example where the building had met its Cycle 1 requirement to reduce Site EUI by greater than 20%, and the building meets its Cycle 2 performance requirements with a 20% reduction from this higher baseline (the Cycle 2 Evaluation Year Site EUI is higher than in the previous example).
 
Table 31 – Delay of Compliance Performance ACP Option Energy Performance Requirements Non-compliant in Cycle 1 Example

 
The required reporting documentation and deadlines are identical to those in Table 30.
 
C.2 – Standard Target Pathway
Consider now if the building chooses the Standard Target Pathway in Cycle 2. In this example, the building meets its Cycle 1 performance requirements by the end of the Cycle with an approved additional one-year delay. For the subsequent BEPS Period, the Standard increased so the building enters another Compliance Cycle. In this case there is no need for a delay of compliance ACP option because the building can use the Standard Target Pathway as it does not rely on any baseline energy consumption information to determine whether it meets the new Standard in the Cycle 2 evaluation year.
 
C.3 – Prescriptive Pathway
Finally, consider the case where the building is on a delay of compliance in Cycle 1, does not meet the Standard for BEPS Period 2, and chooses the Prescriptive Pathway in Cycle 2. For the Prescriptive Pathway, there are no explicit energy savings that must be demonstrated, only confirmation that EEMs have been implemented and reporting/verification requirements completed. No adjustments may be necessary for Cycle 2 since Phase 1 and 2 consist of auditing and planning processes, especially when those activities take place after the implementation of EEMs to comply with the requirements of the previous Cycle. However, DOEE will consider possible scenarios where the work for Prescriptive Pathway in Cycle 2 occur before Cycle 1 EEMs are completed and issue guidance if needed ahead of the next Compliance Cycle.
 

D – Standard Target Pathway Maximum Penalty Adjustment Calculation

This section covers how DOEE will calculate the adjustment of the maximum penalty for the Standard Target Pathway. All buildings that do not comply with the requirements of a compliance Pathway will be assessed an initial maximum penalty of $10 per square foot, which will be subsequently reduced based on their energy performance at the end of the cycle. DOEE has included some examples to show some of the most common situations a building might encounter, but they are not exhaustive of all situations that might arise from the Standard Target Pathway. Building owners may request interpretation or guidance from DOEE on how the penalty adjustment might be calculated for their building.
 
Please note that it is likely that EPA may change the ENERGY STAR® Score models during the Compliance Cycle. In a case of the update DOEE has outlined its plans in Section 3.2.4 above.
 
D.1 – Adjustment for Buildings that can receive the ENERGY STAR® Score
For buildings that can receive the ENERGY STAR Score, the adjustment factor is calculated by dividing the building’s distance from the Standard (measured in ENERGY STAR Score) achieved by the distance from the Standard for buildings of the same property type that are twenty percent (20%) Source EUI away from the Standard (also measured in ENERGY STAR Score). This adjustment factor can be represented using the following equation:
 

 
where:
 
ENERGY STAR_Standard = The ENERGY STAR Score Standard for the building
ENERGY STAR_final = The building’s evaluation year ENERGY STAR Score
ENERGY STAR_20% away = The ENERGY STAR Score that is 20% less efficient than the Standard for a given property type
 
Because a percent reduction in Source EUI does not equal a point increase in ENERGY STAR Score, it is necessary to calculate the Source EUI reduction required to meet each ENERGY STAR Score. This is achieved by measuring the distance between two values on the ENERGY STAR Score lookup table for a given property type. From the lookup tables, use a starting score and determine what score would result from a 20% reduction in Source EUI. Because each property type uses the same lookup table, it is possible to determine the ENERGY STAR Score from which a 20% reduction in Source EUI would meet the Standard for most property types. For ease of use, DOEE has summarized the Standard and the Score 20% away from the Standard in Table 32 below.
 
Table 32 – ENERGY STAR® Scores 20% Away From 2021 BEPS for Standard Target Pathway

 
These numbers can be plugged into the equation above to determine the reduction to the maximum penalty. For example, a 100,000 square foot Office building achieves a score of 67 in CY2026. The maximum penalty assessed for this building starts at $1,000,000 (= $10/ft² × 100,000 ft²). The maximum penalty adjustment can be calculated by:
 

 
Therefore, this building’s maximum penalty shall be reduced to 25% of the original assessed maximum penalty. The new maximum penalty for this building is $250,000 (= $1,000,000 × 0.25).
 
D.2 – Adjustment for Buildings that cannot receive the ENERGY STAR® Score
For buildings that cannot receive the ENERGY STAR Score, the Standard is defined and performance metric for the Standard Target Pathway is measured in either Weather Normalized or unadjusted Source EUI. The adjustment factor to the maximum penalty for these buildings is calculated in a similar way to those with an ENERGY STAR Score. However, Source EUI is a straightforward value to calculate, and it is also straightforward to calculate the adjustment factor. This adjustment factor can be represented using the following equation:
 

 
where:
 
EUI_Standard = The Source EUI Standard for the building
EUI_final = The building’s evaluation year Source EUI
 
For example, a 50,000 square foot Adult Education building achieves a Weather Normalized Source EUI of 123.6 kBtu/ft² in CY2026. The maximum penalty is originally assessed for this building at $500,000 (=$10/ft² × 50,000 ft²). The maximum penalty adjustment factor is:
 

 
Therefore, this building’s maximum penalty shall be reduced to 59.8% of the original assessed maximum penalty. The new maximum penalty for this building is $299,000 (= $500,000 × 0.598).
 

E – References

BEPS Program Documents
 
Online BEPS Portal
DC BEPS Energy Audit Report Template (hosted by U.S. Department of Energy)
Guide to Establishment of 2021 Building Energy Performance Standards
Building Energy Performance Disclosure
BEPS Legislation, Rulemaking, and Public Comments
 
District of Columbia Links
 
Affordable Housing Retrofit Accelerator
Building Innovation Hub
Clean Energy DC Plan
CleanEnergy DC Omnibus Amendment Act of 2018
DC Green Bank
DC Municipal Regulations and DC Register
DC Sustainable Energy Utility
DOEE Building Performance and Benchmarking Branch
DOEE Office of Enforcement and Environmental Justice
Renewable Portfolio Standard
Sustainable DC
Sustainability Guide for Existing and Historic Properties
 
Best Practices
 
ASHRAE Standard 100-2018 with addendum a
ASHRAE Standard 211-2018
DOEE Integrated Design Charrette Toolkit
EPA ENERGY STAR® Portfolio Manager®
EPA ENERGY STAR Score
Enterprise Green Communities Green Charrette Tools
US DOE Engaging Tenants in Energy Efficiency Resources
California Commissioning Collaborative Commissioning Guide: Existing Buildings
US DOE Federal Energy Management Program Tools
IMT Green Lease Leaders Library
AIA Guide to Building Lifecycle Assessment in Practice (American Institute of Architects)
NBI Zero Energy Performance Targets for New Construction
NREL Handbook for Planning and Conducting Charrettes for High-Performance Projects
NREL Strategies for 50% Energy Savings in Large Office Buildings
RMI Deep Energy Retrofits Using Energy Savings Performance Contracts: Success Stories
RMI The Retrofit Depot
WBDG Comprehensive Facility Operations & Maintenance Manual
WBDG Planning and Conducting Integrated Design Charrettes
WBDG Project Delivery Teams
 

F – Definitions

Affordable housing – buildings that are primarily residential, contain 5 or more dwelling units, and: (1) in which use restrictions or other covenants require that at least 50% of all of the building's dwelling units are occupied by households that have household incomes of less than or equal to 80% of the area median income; or (2) the building owner can demonstrate that at least 50% of the dwelling units rent at levels that are affordable to households with incomes less than or equal to 80% of the area median income. (DC Code § 8–1772.21(k))
 
Approved District Data Verifier – an individual that can complete the Data Verification for third-party data verification in the benchmarking program in accordance with 20 DCMR 3515.4 –3515.6
 
Average annual occupancy – the percentage of a property’s Gross Floor Area (GFA) that is occupied and operational averaged over a calendar year
 
Baseline adjustment – the process by which a building’s baseline years are adjusted to account for special circumstances
 
Baseline shifting – the process by which a building’s baseline years are switched to a different calendar year(s)
 
Baseline modification – the process by which a building’s baseline Site EUI is adjusted based on a measured or estimated energy consumption
 
Baseline years – the defined timeframe of benchmarking data that marks the starting point for evaluation of energy performance requirements for compliance
 
BEPS Compliance Regulations – the set of rules that define the compliance requirements of the Building Energy Performance Standards Program, specifically 20 DCMR 3517 through 3521 including definitions from 3599
 
Building – any structure used or intended for supporting or sheltering any use or occupancy (20 DCMR 3599)
 
Building Energy Performance Standards (BEPS) – the level of energy efficiency set forth by DOEE as an ENERGY STAR Score or Normalized Source EUI value for each property type, as provided DC Code § 8-1772.21(b) (20 DCMR 3599)
 
Building Energy Performance Standards Period (BEPS Period) – the period of time in which specific BEPS are in effect, which shall run from the date DOEE establishes BEPS until the next DOEE establishment of BEPS (20 DCMR 3599)
 
Building Energy Performance Standards Program (BEPS Program) – the DOEE program overseeing and implementing BEPS (20 DCMR 3599)
 
Building owner – an individual, partnership, corporation, trust, association, firm, joint stock company, organization, commission, or other entity either possessing title or designated to govern a building (20 DCMR 3599)
 
College/University Campus – a secondary educational institution with multiple buildings in a single location that are owned by a single entity (20 DCMR 3599)
 
Certificate of Occupancy – a document issued by DOB that certifies a building’s compliance with applicable building codes and other laws. In reference to BEPS, the relevant Certificates of Occupancy are ownership change, use change, and new building (conditional, completion of core and shell, and establishment of new occupancy).
 
Compliance Cycle – a period of five (5) years from the date of the establishment of BEPS during which, in the absence of a delay of compliance granted by DOEE, a building must meet the performance requirements set forth in § 3518 and procedural requirements set forth in § 3519 (20 DCMR 3599)
 
COVID-19 PHE delay – a one-year delay automatically granted to buildings that have a CY2020 District Benchmark Results and Compliance Report on file with DOEE. Only available in Cycle 1, the delay extends the end of Compliance Cycle for applicable Pathways to December 31, 2026, adjusts the baseline years to CY2018–2019 and the evaluation year to CY2026, and extends all reporting/verification requirements one year in accordance with 20 DCMR 3520.7(g), 3519.1, 3519.2(b), 3518.1(e).
 
DC BEPS Energy Audit Report Template – a web-based tool developed by the U.S. Department of Energy, as part of its Building Energy Asset Score tool, for entering building Energy Audit data, performing data validation, exporting data in various formats, and submitting data to DOEE to comply with Compliance Cycle reporting/verification requirements
 
District Benchmark Results and Compliance Report – the Portfolio Manager report that includes benchmark and ENERGY STAR statements of energy performance, identifies reporting methodology, and contains data verification information when required by DC Code § 6-1451.03 (20 DCMR 3599)
 
Energy audit – an evaluation of a building that identifies potential energy efficiency measures for building systems and operations in accordance with the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 211-2018 Level 2 (20 DCMR 3599)
 
ENERGY STAR® Portfolio Manager benchmarking tool, or Portfolio Manager – the system developed by the U.S. EPA that rates the energy and water performance of a building (20 DCMR 3599)
 
ENERGY STAR Score – a 1-to-100 score provided to buildings by the U.S. ENERGY STAR Program to assess how buildings perform in relation to similar buildings nationwide (20 DCMR 3599)
 
Equipment – devices for comfort conditioning, electric power, lighting, transportation, or service water heating, including but not limited to furnaces, boilers, air conditioners, heat pumps, chillers, water heaters, lamps, luminaires, ballasts, elevators, escalators, or other devices or installations (12-I [CE] DCMR 3.2)
 
Evaluation years – the defined timeframe of benchmarking data that is used at the end of the Cycle for evaluation of energy performance requirements for compliance
 
Extended delay – a postponement of compliance deadlines that continue beyond the base three-year delay prescribed in the CEDC Act
 
Fuel – a material that may be used to produce heat or generate power by combustion (12-I [CE] DCMR 3.2)
 
Fuel burning equipment – equipment that consume fuels to operate.
 
Global warming potential (GWP) – the total contribution to global warming resulting from the emission of one unit of that gas relative to one unit of the reference gas, CO2, which is assigned a value of one (1)
 
High performing property type – a property type for which the BEPS is at least as energy-efficient as the U.S. EPA’s National Median for that property type (20 DCMR 3599)
 
Hospital Campus – a hospital with multiple buildings in a single location that are owned by a single entity (20 DCMR 3599)
 
Integrated design approach – a comprehensive holistic process that breaks the siloed work of disciplines to create a collaborative, efficient team capable of developing a high performing building
 
Integrated design workshop – A charrette is a focused work session where a project team kicks-off the integrated design process, reviews project expectations, and explores design strategies that are most appropriate to achieve a project’s sustainable design goals
 
Limited-equity cooperative (LEC) – a cooperative required by a government agency or nonprofit organization to limit the resale price of membership shares for the purpose of keeping the housing affordable to incoming members with low- and moderate-incomes (20 DCMR 3599)
 
Major renovation – any repair, alteration, or addition of a building or structure that (1) significantly affects multiple core building systems and (2) costs at least twenty-five (25) percent of the value of the building, as determined based on the District Office of Tax and Revenue records, before the repair, alteration, or addition is started (20 DCMR 3599)
 
National median – the ENERGY STAR Score or Source EUI benchmark, available on the Portfolio Manager website, that fifty percent (50%) of =buildings perform above and fifty percent (50%) perform below (20 DCMR 3599)
 
Online BEPS Portal (Portal) – a web-based application created by DOEE for a building owner to submit required reporting and verification documents pertaining to BEPS, accessible through the DOEE BEPS Program webpage (20 DCMR 3599)
 
Operations and maintenance (O&M) – the functions, duties and labor associated with the daily operations and normal repairs, replacement of parts and structural components, and other activities needed to preserve an asset so that it continues to provide acceptable services and achieves its expected life
 
Operation and maintenance program – A plan meeting the specifications found in American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 100-2018, Chapter 6, that addresses every applicable building system and element as outlined in Annex D and follows the implementation requirements laid out in Annex L that address the functions, duties and labor associated with the daily operations and normal repairs, replacement of parts and structural components, and other activities needed to preserve an asset so that it continues to provide acceptable services and achieves its expected life (20 DCMR 3599)
 
Property type – the primary function of a building as determined through Portfolio Manager (20 DCMR 3599)
 
Qualifying affordable housing – a building that is primarily residential, contain 5 or more dwelling units, and can demonstrate that: (1) use restrictions or other covenants require that at least 50% of the building’s dwelling units are occupied by households have household income of less than 50% of the area median income (AMI); or (2) at least 50% of the dwelling units rent at levels that are affordable to households with incomes less than or equal to 50% of the AMI; or (3) the building is a Limited-equity Cooperative (LEC) that meets the definition of affordable housing pursuant to D.C. Official Code § 8-1772.21(k) (20 DCMR 3599). This property type is referred to in this document as “Qualifying Affordable Housing” and is a subset of “Affordable Multifamily Housing.”
 
Rent-controlled building (rent-controlled) – a multifamily housing building that, for the duration of the applicable BEPS Period, has active registration number(s) filed with the Rental Accommodations Division (RAD) of the District’s Department of Housing and Community Development (DHCD) applying to greater than 50% of the total number of dwelling units in the building(s) in question and active registered exemption number(s) filed with RAD applying to less than 50% of the total number of dwelling units
 
Retro-commissioning – a process to improve the efficiency of an existing building's equipment and systems. It can often resolve problems that occurred during design or construction, or address problems that have developed throughout the building's life as equipment has aged, or as building usage has changed.
 
Return on investment (ROI) – the total annual cost savings of an EEM divided by the initial cost to implement the EEM
 
Savings to investment ratio (SIR) – the total lifetime cost savings of an EEM divided by the initial cost to implement the EEM
 
Schematic design – the design phase in which approximately 20% of design documents should clearly indicate the improvements and construction anticipated for the project or provide sufficient information and alternatives so that a clear direction for subsequent phases can be determined
 
Site energy use intensity (Site EUI) – the annual amount of all energy a building consumes on-site, as reported on a building’s utility bills, divided by the building’s gross floor area (or in the case of water and wastewater treatment plants, gallons per day), as determined through Portfolio Manager (20 DCMR 3599)
 
Site energy use intensity adjusted to current year (Adjusted Site EUI) – the Site EUI a building would be expected to have if its operations were the same as in the current time period, as determined through Portfolio Manager (20 DCMR 3599)
 
Source energy use intensity (Source EUI) – the total amount of raw fuel that is required to operate a building, divided by the building’s gross floor area, as determined through Portfolio Manager (20 DCMR 3599)
 
Substantial improvement – any repair, alteration, addition, or improvement of a building or structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started
 
System(s) – a combination of equipment and auxiliary devices (e.g., controls, accessories, interconnecting means, and terminal elements) by which energy is transformed so it performs a specific function, such as HVAC, service water heating, or lighting (12-I [CE] DCMR 3.2)
 
Tenant – a person or entity entitled to the possession, occupancy, or the benefits of any rental unit owned by another person or entity, or the owner of an individual condominium unit within a condominium association (20 DCMR 3599)
 
Third-party verification – the process in which an Approved District Data Verifier verifies a District Benchmark Results and Compliance Report as outlined in 20 DCMR 3515
 
Weather normalized site energy use intensity (Normalized Site EUI) – the Site EUI a building would have consumed during thirty (30) year average weather conditions, as determined through Portfolio Manager (20 DCMR 3599)
 
Weather normalized source energy use intensity (Normalized Source EUI) – the Source EUI a building would have consumed during thirty (30) year average weather conditions, as determined through Portfolio Manager (20 DCMR 3599)