Agency Energy Star rating of at least 85 following the second
year of facility operation.
(2) Tier II: Achievement of the minimum level required
for certification plus two additional levels. Tier II shall
also require achievement of Environmental Protection Agency
Energy Star rating of at least 90 following the second year
of facility operation.
(3) Tier III: Achievement of the minimum level required
for certification plus three additional levels. Tier III
shall also require achievement of Environmental Protection
Agency Energy Star rating of at least 95 following the second
year of facility operation.
The three tier levels shall remain in effect unless and until
modifications are made by the department, in consultation with
the Department of Environmental Protection, and necessitated by
the emergence of new or changes to existing high-performance
building standards as defined under sections 1904-D and 1905-D.
Section 1904-D. Standards.
The high-performance building standards applicable to this
article shall meet all of the following minimum criteria:
(1) Be consensus based, as defined by the Office of
Management and Budget, Circular No. A-119, dated February 10,
1998.
(2) At a minimum, include performance-based categories
or tax credits that will foster achievement of items under
section 1902-D(2), (3), (4), (6), (7), (8), (9) and (10).
(3) Require documentation, verifiable calculations or
the equivalent procedure to substantiate and support any
claims made under this article.
(4) Employ third-party, postconstruction review and
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