CHICAGO—The somewhat surprising decision by the Chicago City Council to delay, at least for a short time, Mayor Rahm Emanuel's energy benchmarking ordinance has given proponents another chance to convince the skeptics.
On Tuesday, Chicago realtors, some angry condo owners, and a few aldermen from the condo-heavy lakefront wards, spoke at a meeting of the council's Committee on Zoning, Landmarks and Building Standards. They were concerned that the ordinance, which will require municipal, commercial and residential properties with more than 50,000-square-feet to track and publicly report their energy usage, would eventually impose costly mandates to boost efficiency. BOMA/Chicago has also expressed skepticism in the past week about the public disclosure requirement, and remains concerned that owners of older buildings and class C offices will find their properties stigmatized if they receive low energy scores.
And at a full council meeting on Wednesday, those lakefront aldermen, including 42nd Ward Ald. Brendan Reilly, invoked a parliamentary rule known as “defer and publish,” which will delay the mayor's proposal at least until the council meets in September. Tressa Feher, chief of staff for 46th Ward Ald. James Cappleman, told GlobeSt.com after the council meeting that her boss “wants residents to understand better what the cost will be. That was a little unclear.”
Many of the city's largest commercial real estate firms have defended the mayor's energy proposal and regard some of the fears expressed over the past week as unfounded. Robert Best, for example, an executive vice president of Jones Lang La Salle, says “we are 100% for public disclosure. If your building is going to participate, collect the information and promote energy sustainability, to not disclose the information makes no sense. Disclosure is what motivates the buildings to get better.”
A few years ago, JLL began pushing its buildings to track energy use with the Environmental Protection Agency's industry-standard online tool, ENERGY STAR® Portfolio Manager, the same tool mandated by the proposed ordinance. But at first, Best says, the company made only modest progress toward reducing energy use and increasing efficiency. “Then, we started publishing the scores within our own buildings and a little friendly competition got going among our general managers to see who could reduce energy use the most. It was internal peer pressure which made it work. We think this would translate very well into the real estate community.”
“I also don't think the argument that older buildings can't compete is true,” he adds. More than one-third of the 20,000 buildings nationwide certified as top performers by ENERGY STAR® were built in or prior to 1980, he points out.
Best also believes that all property managers will find ENERGY STAR® cost-effective. “The program itself, in its purest form, is just an accounting system and does not cost anything.” Furthermore, just seeing your building's energy use expressed in numbers “gets everyone focused and that focus usually leads to a 2% to 3% reduction in energy costs” through small behavioral changes such as turning off lights or adjusting HVAC settings. Best does acknowledge, however, that the city may require professional engineers to verify energy scores and this could cost a building owner up to several thousand dollars.
Owners of class A office buildings can easily absorb that expense, but Brian Bernardoni, the senior director of governmental affairs and public policy for the Chicago Association of REALTORS®, says “how is Joe Six-Pack building manager going to figure this out and pay for it?” His organization opposed the ordinance, at least in part, because they had very little information when the mayor unveiled it on June 26. He wants proponents and city council members to consider that many condo owners feel put upon by other new legal rules and mandated expenses. In recent years, he says, owners lost a garbage rebate, and have had to spend more on building facades; safety equipment and some may have to start putting in new sprinkler systems if the state fire marshal follows through on plans to update the fire code. “This cannot be looked at as an individual issue; it has to be looked at holistically with all of the other issues. And I think the aldermen are hearing about it. Those condo boards can be pretty tough.”
Although the realtors opposed the ordinance, they did help convince the city to make some changes. Officials agreed to clean up some technical language and also allow judicial discretion on possible sanctions for noncompliance. And Bernardoni plans to make good use of delay created by the council's action on Wednesday.
“I think it's good for us and in the meantime we're going to make sure everyone understands what the ordinance will cost at the end of the day.” Although he still opposes the measure, he believes the realtors can play a constructive role. “We're going to get the best information we can about the ordinance and if, or when, it goes into effect, we will provide our members with the best services and information we can.”
“In any new effort, there are different opinions,” says Karen Weigert, the city's chief sustainability officer and a major force behind the ordinance. But as city officials continue to meet with the opponents or those who have questions, “I think a lot of that will change.”
“It's about transparency in the marketplace,” she adds, and will not require any owners to spend extra money on energy efficiency. “There were a few aldermen who wanted time to study and understand it.” Once they do, Weigert expects a quick approval in September.
Bernardoni seems to agree. “If Mayor Emanuel wants this done he's going to get it done,” but “when the dialogue opens up again we hope to be at the table.”
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