Collecting and entering benchmarking data; recordkeeping.
Indianapolis-Marion County Revised Code § 710-104
in effectSec. 710-104. - Collecting and entering benchmarking data; recordkeeping.
(a) On or before June 1 of each calendar year the owner of each covered property shall collect and enter all data needed to benchmark the entire property for the previous calendar year into the benchmarking tool in a manner that conforms to latest EPA guidance for use of the tool, based on aggregated whole-building data for the covered property's energy and water use.
(b) Aggregated whole-building data shall be complied using one (1) or more of the following methods:
(1) Obtaining aggregated whole-building data from a utility.
(2) Collecting data from all tenants.
(3) Reading a master meter.
(c) If the owner does not have access to aggregated whole-building data for energy and water usage, the owner shall request aggregated whole-building data from each utility that provides energy or water service to the property. If a utility does not provide aggregated whole-building data for energy or water usage, the owner shall request energy and water data from tenants of the covered property.
(1) Each nonresidential tenant of a covered property shall, within thirty (30) days of a request by the owner and in a form to be determined by the administrator, provide all information that cannot otherwise be acquired by the owner and that is needed by the owner to comply with the requirements of this chapter.
(2) When the owner receives notice that a nonresidential tenant intends to vacate a space within the covered property, the owner shall request data relating to such tenant's energy and water use for any period of occupancy relevant to the owner's obligation to benchmark pursuant to this chapter. Such tenant shall report such information to the owner, in a form to be determined by the administrator, within thirty (30) days of a request by the owner.
(3) If a tenant fails or refuses to provide energy and water data requested by the owner, the owner must submit documentation to the administrator of the reasons why the owner is not able to acquire aggregated whole-building data and may apply for an exemption under section 710-107 of this chapter.
(4) Nothing in this chapter shall be construed to permit an owner to use tenant energy usage data for purposes other than compliance with this chapter.
(5) Nothing in this chapter shall be construed to excuse an owner from complying with federal or state laws governing direct access to tenant utility data from the responsible utility.
(d) When a covered property changes ownership, the previous owner shall provide the new owner with all energy and water usage data and covered property descriptive information for the period during which the previous owner was in possession of the property needed for the new owner to comply with this chapter.
(e) The owner shall run all data quality checker functions available within the benchmarking tool and shall verify that all data has been accurately entered into the tool. The owner shall correct all missing or incorrect information as identified by the data quality checker prior to submitting a benchmarking report to the administrator.
(f) Owners shall maintain records as the administrator determines is necessary for carrying out the purposes of this chapter, including but not limited to the energy and water bills and reports or forms received from tenants and/or utilities. Such records shall be preserved for a period of five (5) years. At the request of the administrator, such records shall be made available for inspection and audit by the administrator, at no cost to the city.
(G.O. 25, 2021, § 1)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIIPUHEWE_CH710ENBETR_S710-104COENBEDAREFetched: 10/27/2026