The first requirement for buildings entering a Compliance Cycle is to select a Compliance Pathway and use the Pathway Selection Form to submit the selection to DOEE for approval. Building owners have the flexibility to choose the Pathway that works best for their building, and DOEE encourages building owners to select a Pathway as early as possible in the Cycle to provide ample time to meet the requirements within the allotted timeframe. This also allows DOEE the opportunity to provide feedback and connect buildings to assistance and incentives early. Pathway selection is due by April 3, 2023 (April 1, 2022 if the building doesn’t automatically qualify for the COVID-19 PHE Delay).

Following submission of a complete Pathway Selection Form and any supporting documentation through the Portal, DOEE will review and send notice of approval, a request for more information, or an alternative selection. Approval will not be given for a Pathway until all supporting documents required by that Pathway are received, such as the Prescriptive Pathway’s Energy Audit or the Extended Deep Energy Retrofit Milestone Plan. If DOEE requests more information before making the determination, the building owner must provide a response within the specified time or DOEE will place the building on a Pathway of its choosing. DOEE may select a different Pathway if the building owner fails to submit necessary information or if the Pathway is not available to that property type.

A building’s Pathway has a status of “selected” until the selection is reviewed and approved by DOEE, after which the Pathway becomes “approved” and all requirements of the Pathway become applicable and enforceable. The approved Pathway will determine how the building’s energy performance requirements and achievements are evaluated at the end of the Compliance cycle. If a building owner does not select a Pathway by the reporting deadline, DOEE will assign a Pathway for the building and the owner may be subject to fines for missing the reporting deadline.