Colorado Energy Office's

Building Performance Colorado Benchmarking Program

Waiver / Exemption Form

Building Performance Colorado (BPC) is the Colorado Energy Office’s statewide benchmarking program aimed at increasing energy efficiency and decreasing greenhouse gas (GHG) emissions in the building sector across Colorado. This program was created as a result of House Bill 21-1286 and requires owners of large commercial, multifamily, and public buildings 50,000 square feet or larger to annually benchmark their whole-building energy use to the Colorado Energy Office.

As permitted in House Bill 21-1286, a building owner may seek a waiver (a one time reprieve from the current reporting year) or an exemption (a permanent removal from the program) from the benchmarking requirements if the owner submits proper documentation to and receives approval from, the Colorado Energy Office. Please complete this form by May 15th.

If you believe your building qualifies for a waiver or exemption from Building Performance Colorado, you need to submit one of these forms per property.

If your waiver is approved, you will need to pay the $100 annual benchmarking fee. Once that fee is paid, 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.
If your exemption request is approved, your building will be removed from this program. An exemption is only applicable to buildings that meet the specific reasons stated below and are proven with proper documentation.

An exemption will remove your building from the program. However, if that building’s property type changes (i.e., a manufacturing space gets converted into an office space), the building owner will be required to notify the Colorado Energy Office of that property type change within six months and that building may then be required to benchmark.

After you submit your waiver or exemption form, your request will be reviewed by the Colorado Energy Office (within 10-14 business days), and you will receive an official email notification from Building Performance Colorado stating your request has been either approved or denied, or a request for more information. If a building owner does not respond to a request for more information within 2 weeks, that waiver or exemption request will automatically be denied and an owner must submit a new request for consideration.

Need Help? Please visit the BPC website for more information, or contact the Building Performance Colorado Help Center if you have any questions.

Contact Information

First Name *

Last Name *

Title *

Company *

Phone Number *

Email Address *

Relationship to Building *

Building Owner Information

Building Owner First Name *

Building Owner Last Name *

Building Owner Email *

Building Owner Street Address *

Building Owner City *

Building Owner State *

Building Owner Zip/Postal Code *

Building Information

Building Street Address *

Building City *

State *

Building Zip/Postal Code *

Building Gross Floor Area (GFA) *

Property Type *

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 Colorado’s House Bill 21-1286. I affirm that I have not falsified or concealed any information related to this waiver/exemption request. *

I affirm

Date/Time * +