BEPS Compliance and Enforcement Guidebook for Compliance Cycle 1
Chapter 4.4 - Adjusted Baseline ACP Option

There are several situations where an adjustment to a building’s baseline years or Site EUI may be necessary (beyond the COVID-19 PHE delay’s adjusted baseline years). A baseline adjustment agreed to under this section applies for one Cycle only; any building seeking a baseline adjustment for a subsequent Cycle will need to propose a new baseline adjustment. DOEE will only agree to adjustments that are in response to a permanent change to a building. Temporary and short-term changes (less than five years) that impact energy performance will not be considered for a baseline adjustment. Documentation demonstrating that the change is still present during the evaluation year(s) will be necessary. If DOEE agrees to the baseline adjustment, the building will be switched to the ACP and the ACP Agreement will list the energy performance and reporting/verification requirements. This section provides the guidance and further explanation of DOEE’s policy related to baseline adjustments.

The Adjusted Baseline ACP Option is for buildings that propose a baseline adjustment for Cycle 1 that DOEE agrees to. Compliance with this ACP option will be demonstrated by completing the energy performance and reporting/verification requirements of the performance-based Pathway selected for the baseline adjustment. The building must be on a Pathway that uses baseline year(s) energy use to define its energy performance requirements.

There are two types of baseline adjustments:

• Baseline year shift: a building may use different calendar year(s) as its baseline for the energy performance requirements. One method of baseline shifting is already allowed using the 2021 Option in the COVID-19 PHE delay, so this section covers the instances where a building may apply to use CY2018 only. This type of baseline adjustment is designed to address situations that occurred before the Cycle begins.
• Baseline Site EUI modification: a building may request a modification to the baseline Site EUI based on measured or estimated energy consumption. This type of baseline adjustment is designed to address situations that occurred after the Cycle begins.

4.4.1 – Baseline Adjustment Eligibility and Methodology

A building that enters a Compliance Cycle for BEPS Period 1 may propose a baseline adjustment if the building meets one of the circumstances listed in Table 18. The actual adjustment is determined by when the circumstance occurred (either before or during the Cycle) and the specifics of the building and its situation. DOEE may, on a case-by-case basis, perform adjustments outside of the methods listed in this table to best suit the situation.
 
Table 18 – Baseline Adjustment Eligible Circumstances and Methodology


 

4.4.2 – Baseline Adjustment Process and Documentation

When proposing a baseline adjustment, a building owner must submit a Pathway Selection Form or Pathway Change Application that identifies the Pathway for which they would like an adjustment as well as supporting documentation that shows good cause for accepting the proposal. District Benchmark Results and Compliance Reports for the applicable years (described below) must be third-party verified and resubmitted with the Request.
• Baseline year shift: for the year(s) being shifted to and the year(s) being shifted from (Example: shift baseline from CY2019–2020 to CY2018 – all three years benchmarking report must be third-party verified). Exception: If the eligible circumstance is Inaccurate or Incomplete Baseline Year Data, then the shifted baseline year data does not need to be third-party verified
• Baseline Site EUI modification: for the year(s) being modified
 
Because there could be a variety of documentation that could support the case for an adjustment, Table 19 lists example supporting documentation that could be submitted with the proposal. The list is not comprehensive and other documentation can be submitted, and DOEE may request additional documentation as necessary. DOEE will then evaluate the building owner’s proposal, determine the type of baseline adjustment applicable, and notify the building owner whether DOEE agrees to the baseline adjustment. If DOEE agrees to the baseline adjustment, the adjusted performance baseline or baseline year(s) will be outlined in an ACP Agreement.
 
Table 19 – Example Supporting Documentation for Baseline Adjustment Proposal