Building Performance Colorado

Reporting Waiver / Exemption Form

Waivers

An owner of a covered building may seek a waiver from the benchmarking requirement set forth in House Bill 21-1286, if the owner submits documentation to, and receives approval from, the Colorado Energy Office.

If you believe your building qualifies for a waiver from Building Performance Colorado, you need to complete and submit this form by November 15, 2022. You may only submit one property per waiver form and one form per deadline year. Waiver reasons apply to the data collection year. If your waiver is approved, you will need to pay the $100 annual benchmarking fee, and then your building will be considered in compliance for the current reporting year and no further action is needed until the next reporting year.

Waivers are only valid for one reporting year.

Exemptions

If you believe your building is exempt from reporting to Building Performance Colorado, you need to complete and submit this form by November 1, 2022. You may only submit one property per exemption form. An approved exemption removes your building from the benchmarking requirements for that year, and are only applicable to buildings that meet the exact and specific reasons stated below and are proven with proper documentation.

Exemptions are only valid for one reporting year.

In order to be considered, you must use the link below to upload documentation that supports your claim of waiver or exemption. After the request is reviewed, you will receive an official email notification from Building Performance Colorado stating your request has been either approved or denied.

Contact Information

First Name *

Last Name *

Title *

Company *

Phone Number *

Email Address *

Covered Building Street Address *

Covered Building City *

State *

Covered Building Zip/Postal Code *

Covered Building Gross Square Footage *

Colorado Building ID
* 🛈

Exemption / Waiver Details

Reporting Year
*

I am Requesting:

A Waiver

Apply for a waiver if the building is unable to report whole-building energy usage from the previous year by the annual deadline due to a circumstance that applied to the building during the previous year. Select "Waiver" to view the list of approved scenarios.

or

An Exemption

Apply for an exemption if the building should not be required to report the previous years usage. Select "Exemption" to view the list of approved scenarios.

Request for: *

Type of Waiver Requested: *

The covered building was unoccupied for at least 30 consecutive days of the data collection year

A demolition permit was issued for the entire covered building

The covered building met one or more of the conditions for financial hardship

The covered building does not meet a qualifying utility's aggregation threshold, one or more of the utility customers refused to provide the owner with permission to access the utility customer's relevant energy use data, the owner provides proof to the office that it requested permission from the utility customer or utility customers withholding consent at least 30 days before the benchmarking report was due, and the owner submits a plan to include an energy-use data sharing permission provision in the next lease renewal

The covered building has four or more utility customers, is not located within a qualifying utility's service territory, and is unable to get aggregated data from the utility that serves the covered building.

Type of Financial Hardship: *

The property has been included on a city's, county's, or city and county's annual tax lien sale list within the previous two years

The property is an asset subject to a court-appointed receiver that controls the asset due to financial stress

The property is owned by a financial institution as a result of a default by a borrower

The property has been acquired by a deed in lieu of foreclosure

The property is the subject of a senior mortgage subject to a notice of default

Due to the governor declaring a disaster emergency pursuant to section 24-33.5-704 (4), the property, in at least two of the previous five years, generated annual rental income or revenue that totals sixty percent or less of the five-year average immediately preceding the disaster emergency declaration

Type of Exemption Requested: * 🛈

The buildings gross floor area is less than the 50,000 square foot threshold required to report

The building is comprised of a storage facility, airplane hangar, or stand-alone parking garage that lacks heating and cooling

The building has more than half of the gross floor area used for manufacturing, industrial, or agricultural purposes*

The building is a single-family home, duplex, or triplex

Additional Information about the requested Waiver: *

Additional Information about the requested Exemption: *

Supporting Documents

Waiver Supporting File Type *

I have uploaded a copy of the building rent roll, certificate of occupancy, or similar documentation (to show building occupancy)

I have uploaded a building demolition permit (to show demolition or scheduled demolition during the data collection year)

I have uploaded documentation showing the good-faith effort made to acquire utility customer permission to release energy-use data, and the plan for including energy-use data sharing permission provision in the next lease renewal

Other

Financial Hardship Waiver Supporting File Type *

I have uploaded the relevant county's annual tax lien sale list(s)

I have uploaded a court summons or other related documentation as proof of financial stress

I have uploaded ownership transfer or other related documentation showing default

I have uploaded a deed of acquisition received in lieu of foreclosure and or other related documentation

I have uploaded annual rental income or revenue documentation and or related documentation

Other

Exemption Supporting File Type *

I have uploaded a building drawing or diagram (to show space use information, indicating which spaces meet the exemption requirements)

I have uploaded 12-months of whole-building utility data for the building

I have uploaded tax assessor documentation

I have uploaded rent roll or tenant agreements

I have uploaded multiple documents from the above list

Supporting Document 1 *

Supporting Document 2

Supporting Document 3

Additional Information about Supporting Documents:

Submission

I affirm I am the owner or the owner’s representative of the building covered by the Colorado Benchmarking Law. I affirm that I have not falsified, concealed, or covered up by any trick, scheme, or device a material fact related to the request for waiver/exemption from the Benchmarking Law. *

I affirm

Date/Time * +