Compliance Guide

It is quite difficult for a non-specialist to determine if 90% of the building’s lighting load (i.e. kilowatt hours consumed by lighting) is provided by LEDs. As a rule of thumb, typically 97% of the lighting fixtures in a building must be LED in order to 90% of the lighting load to be provided by LEDs, but this can vary based upon the type of lighting present. You will need a lighting professional to conduct a lighting audit for your building. This audit will either:

• Show that 90% of your lighting load already comes from LEDs, which means you are already in compliance!
  • Your lighting professional should fill out this lighting verification template(XLSX, 74KB) to confirm. You should only use this form if you are already in compliance. 
• Give you a plan for making lighting upgrades that will allow 90% of your lighting load to come from LEDs.
  • Your lighting professional should fill out this lighting audit template(XLSX, 38KB) to describe your current lighting features and your plan for replacing them.

If you have previously upgraded the majority of your building's lighting to LED, you may already be in compliance. This is great! All you will need to do is have a lighting professional verify that your lighting is in compliance by filling out the lighting verification template(XLSX, 74KB). This is a simplified lighting audit, but in order to use it, a lighting fixture count by your lighting specialist must demonstrate that at least 97% of the lighting fixtures in the building are LED. Otherwise, you must use the more detailed Lighting Audit Template(XLSX, 38KB) to demonstrate compliance.

You will attach the completed verification or audit template to the lighting compliance form you fill out in Step 7. 

The lighting professional you work with must meet one of the following qualifications: 

• Certified Lighting Consultant through the American Lighting Association 
• Licensed Electrical Contractor registered with the State of Colorado
• Lighting Certification from the National Council on Qualifications for the Lighting Professions
• National Association of Innovative Lighting Distributors (NAILD) Lighting Specialist II (LSII) designation 
• Certified Lighting Efficiency Professional (CLEP)
• Certified Energy Manager (CEM)
• Service Providers directly implementing Business Energy Assessments or the Multifamily Building Efficiency Program on behalf of Xcel Energy (must be implementing programs on behalf of Xcel Energy; merely being listed as an Xcel Energy trade partner is insufficient)
• Master Electrician licensed in the State of Colorado
• California Advanced Lighting Controls Training Program (CALCTP)

You are free to choose any lighting professional with one of these certifications. If you’d like a list of lighting professionals who have taken an online training about the performance requirements and compliance reporting, you can refer to our list. You should plan to spend a couple of hours with the lighting professional to accompany them through the building as they conduct their assessment. 

You will need 12 months of Xcel Energy billing statements for any calendar year from 2022 onwards. This may require you to be in touch with Xcel Energy if you have not already been tracking your monthly energy bills. This information will tell you how much renewable energy (either onsite or offsite) you need to be generating or purchasing to meet the Renewable Energy Requirement.

If you already utilizing onsite or offsite renewables:

You will need to contact your solar installer or your renewables subscription service to verify how much renewable energy you are generating or purchasing. 

If you are not yet utilizing onsite or offsite renewables:

You will need to contact service providers to either provide a quote for installing onsite solar or for subscribing to an offsite renewable energy service. 

If you are using the Residential Condominiums Alternate Compliance Option, you will follow the same steps as above depending on which compliance option you pursue. However, since this Alternate Compliance Option requires BOTH lighting and renewable energy compliance, you will need to complete both the lighting and renewable energy sections above.

Please note: The Residential Condominiums Alternate Compliance Option has two slight differences from the standard compliance pathways above:

• In addition to upgrading the lighting in all common areas, you will also have to install lighting sensors in all common areas
• Renewable energy needs to cover 100% of the electrical needs in the building common areas

Don't forget to submit your application for the Residential Condominium Alternate Compliance Option! This application will require you to submit your retrofit plans for lighting as well as a report on your site energy usage from your renewable energy service provider.

If you are using the 15% Energy Reduction Alternate Compliance Option, you will need to contact an accredited energy auditor to perform an energy audit for the building. The application for this Alternate Compliance Option requires a minimum of an ASHRAE Level 1 energy audit performed by a certified energy auditor. You can use any private certified energy auditor, or you can utilize one of Xcel Energy’s free energy audit programs. Make sure that the auditor meets the minimum certifications and that the audit meets the minimum requirements. The energy auditor will produce a report that provides recommendations on energy efficiency upgrades, estimated costs for upgrades, and potential energy and cost savings from upgrades. 

The 15% Energy Reduction Alternate Compliance Option also requires your to collect 12 months of Xcel Energy billing data from any year 2022 onwards. Use this information to create an Energy Star Portfolio Manager Statement of Energy Performance. Under the heading titled "Annual Energy by Fuel", add together the electricity and gas consumption – this will give you your annual site energy usage, measured in kBtu, and will serve as your baseline for the 15% energy use reduction calculation. 

There are several options available for off-site renewable generation. Keep in mind that for off-site renewable power generation, a minimum of a five-year subscription contract is required for compliance.

The City and County of Denver has partnered with Energy Sage, a web site that provides education info on off-site solar power generation options. You should also check out Xcel Energy’s options such as Renewable Connect and Solar Rewards Community. The subscription must cover a minimum of 20% of your building’s annual site energy usage, which you can calculate using 12 months of Xcel Energy billing data.

If you are using the Residential Condominium Alternate Compliance Option, you will follow the same steps as above to meet the requirements for your building's common spaces. Remember, this Alternate Compliance Option has both lighting and renewable energy requirements, so you will need to follow the steps for upgrading your lights AND procuring either on-site or off-site renewable energy to cover 100% of common area electricity.

Please note: In addition to upgrading the lighting fixtures in common areas, residential condominiums will also have to install lighting sensors in all common areas. 

If you are using the 15% Energy Reduction Alternate Compliance Option, you will need to complete several steps:

1. Use the energy audit you completed to determine your energy reduction strategy. You can propose any capital upgrade that will result in a minimum of a 15% annual reduction in site energy usage. However, you may not use an operational improvement which would require ongoing energy benchmarking to confirm. It also cannot be an improvement which involves the installation of fossil fuel-powered space and water heating equipment.  
2. Complete a retrofit plan. You can find an example template here. This is a document that summarizes the improvements you plan to make to the building, the timeline for improvements, and how those improvements will result in reaching a minimum 15% reduction in annual site energy usage. 
3. Apply for the 15% Energy Use Reduction Alternate Compliance Option. You must apply for this compliance option and be approved in order to use it as your compliance option. Either you or your designee must fill out an application. The application will require you to submit:
   1. Your energy audit
   2. The auditor’s certification
   3. Total site energy usage calculation
   4. Your retrofit plan.

   You should only proceed with the next steps after you application has been approved. If approved, we will provide you with a 15% Energy Use Reduction Agreement, which includes:

   1. Your compliance deadline
   2. Details of the retrofit plan
   3. Details of the required compliance documentation
4. Perform energy efficiency upgrades. Select a contractor to perform the approved energy efficiency improvements. It is good practice to collect a minimum of three estimates from licensed contractors. Be sure to keep all invoices from the work as proof of completion, and ask your contractor about any rebates that they are able to process on your behalf.  

The lighting professional you work with to complete a lighting audit and, if necessary, to complete your lighting upgrades will complete either:

• The LED Lighting Verification Template(XLSX, 74KB) (if your existing lighting was already in compliance) 
• The LED Lighting Audit Template(XLSX, 38KB) (if you required lighting upgrades to get into compliance)

Regardless of which template you use, the lighting professional will also fill out the Letter of Attestation from a Lighting Professional for you. The lighting professional will send you a PDF of the completed Letter of Attestation. 

Next, fill out the Lighting Compliance Form and submit it to the city. You will need to upload several documents to this form before you can submit it:

• A completed LED Lighting Verification Template OR LED Lighting Audit Template (please note: the completed Microsoft Excel document must be submitted; a scan or photocopy of the form is not acceptable)
• The PDF of your Letter of Attestation from a Lighting Professional
• A copy of the lighting professional's current certification or license

This documentation may be uploaded by the you, the lighting specialist, or anyone else delegated by the building owner. Be sure and have your building ID on hand when you submit your documentation.  

If your building was constructed or completely remodeled under the 2019 Denver Building and Fire Code (i.e. after Aug 1, 2020), then your building is in compliance. All that is required is for you to complete and submit the Lighting Compliance Form. You will need to include a copy of the final construction permit that was approved and recorded by the City and County of Denver’s Office of Community Planning and Development (CPD). Make sure you also have your building ID (issued by the Office of Climate Action, Sustainability and Resiliency) on hand when you submit this documentation.

Once you have either installed or confirmed that your existing on-site renewables meet the 20% requirement, you will complete and submit the Renewable Energy Compliance Form. You will need to provide several documents before you can submit the form:

• Proof that the renewable energy system is installed, which can be one of the following:
  • Invoice from the contractor
  • Installation contract from the developer
  • Interconnection agreement and permission to operate notification from Xcel Energy
  • Other documentation
• Proof of the system's annual power generation, which can be one of the following:
  • Installer invoice or installation contract detailing the estimated kWh of annual generation
  • A signed On-Site Renewable Energy Performance Form
  • 12 months of self-generated reports from the system's monitoring software that shows the actual kWh generated

This documentation can be completed by the building owner, the solar installer, or anyone else delegated by the building owner. Be sure you have your building ID on hand when you submit your documentation.

Once you have confirmed your off-site renewable energy will meet the 20% requirement, you will complete and submit the Renewable Energy Compliance Form. You will need to provide one of the following in order to complete the form:

• Evidence of a subscription, lease, or purchase of a share in either a voluntary renewable energy program offered by Xcel Energy that explicitly states how much energy you have purchased
• Evidence of a subscription, lease, or purchase of a share in a community solar project that explicitly states how much energy you have purchased
• 12 months of Xcel Energy bills or reports that explicitly state the kWh of renewable energy credited to your energy bill

This information can be submitted by the building owner, the solar installer or anyone else delegated by the building owner. Make sure you have your Building ID on hand when you submit your documentation.

If you are using the Residential Condominium Alternate Compliance Option you will follow the same processes as above to show compliance with the lighting and renewable energy requirements for common spaces in your building:

1. Submit the Lighting Compliance Form and attach:

• Either a completed Lighting Audit Form(XLSX, 38KB) or Lighting Verification Form(XLSX, 74KB)
• The PDF of the Letter of Attestation from a Lighting Professional
• Proof that you have installed lighting sensors for all common area lighting (as allowed by the Denver Building Code)

2. Submit the Renewable Energy Compliance Form with the required documentation.

If you are using on-site renewable energy, you will need to submit:

• Proof that the renewables are installed in the form of one of the following:
  • Invoice from the contractor
  • Installation contract from the developer
  • Interconnection agreement with Xcel Energy
  • Other documentation
• Details on the estimated annual kWh production or verification of the actual annual production, in the form of one of the following:
  • A signed Statement of On-Site Renewable Energy Performance
  • Installer invoice or contract detailing the estimated kWh annual production 
  • 12 months of self-generated reports from the system's monitoring software

If you are using off-site renewables, you will need to submit one of the following:

• Evidence of a subscription, lease, or purchase of a share in a voluntary renewable energy program offered by Xcel Energy or a community solar project. This documentation must explicitly state the kWh of renewable energy you have purchased.
• 12 months of Xcel Energy bills or reports that explicitly state the kWh of renewable energy credited to the building's common area energy bill.

If you are using the 15% Energy Reduction Alternate Compliance option, you will have to do several things:

1. Benchmark your building's energy usage for 12 continuous months after you have completed your energy efficiency upgrades. You will need to use your ENERGY STAR Portfolio Manager account to complete a benchmarking report, using the Manager's Statement of Energy Performance. You can see an example of this form in Appendix G(PDF, 75KB).
2. Report your compliance after your 12 months of benchmarking shows that you have reduced your energy use by 15% or more over your baseline energy usage. This documentation may be uploaded by you, the contractor who performed the upgrades, or anyone else delegated by you. Be sure and have your building ID at hand when you submit your documentation.

There should only be one compliance submission per building. This is true even if you have multiple tenants in the same building. If tenants choose to demonstrate compliance individually, you should:

• Aggregate compliance documentation when submitting it to the city
  • Individual lighting audits or multiple renewable subscription contracts should be combined
• The lighting professional must certify the entire building is in compliance, if you are pursuing the LED compliance path.
  • Lighting audits must also include any shared exterior and parking lighting

We encourage you to work with all tenants to plan for coordinated planning, energy audits and compliance reporting.