Colorado Building Performance Program
On August 17, 2023, the Colorado Air Quality Control Commission (AQCC) approved new benchmarking and energy performance known collectively as Regulation 28. These requirements will apply to buildings statewide and require building owners to reduce energy use attributable to covered buildings in an amount equal to 7% or 13% by 2026 and equal to 20% or 29% by 2030, with the percentage’s dependent upon the path of compliance. Covered buildings include those that contain 50,000 square feet or more (excluding single-family homes, duplexes and triplexes, storage facilities, standalone parking garages, airplane hangars, and buildings in which more than half the space is used for manufacturing, industrial or agricultural purposes). The standards will impact an estimated 8,000 structures throughout the state, comprised almost entirely of commercial, multifamily residential and public buildings. The program is part of the state’s overall roadmap to reduce emissions by 50% prior to 2030.
The Colorado Real Estate Alliance argued that Regulation 28 will result in higher costs, building abandonment and prolific noncompliance in the real estate market, as office landlords are already suffering in a post-COVID environment as tenants downsize or abandon properties altogether. This added strain could be enough to push many buildings into foreclosure. Many buildings may find it difficult to comply with Regulation 28 due to the specific uses in the building, the age of the building, unique building characteristics and a general shortage in skilled trades.
Source: CO. Dept. of Health, Brownstein
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