Understanding energy benchmarking ordinances: A state-by-state guide

Energy benchmarking ordinances represent a significant step towards enhancing energy efficiency and sustainability in the built environment. These ordinances require building owners to report their energy consumption data regularly. This data collection and public disclosure process aim to promote awareness, encourage energy efficiency improvements, and reduce overall energy consumption and greenhouse gas emissions within commercial and residential buildings.

Globally, the adoption of energy benchmarking ordinances is part of a broader movement towards sustainable urban development. By establishing standards for energy use, cities and countries worldwide are addressing climate change, improving air quality, and promoting resource conservation. These regulations are instrumental in pushing the market towards more energy-efficient buildings by making energy use transparent, thereby influencing stakeholders' decisions regarding real estate investments, development, and management.

In the United States, the adoption of energy benchmarking ordinances has gained momentum across several major cities and states. This national trend reflects an acknowledgment of the critical role buildings play in overall energy consumption and environmental impact. U.S. cities like New York, San Francisco, and Seattle have led the way in implementing such ordinances, requiring the annual reporting of energy usage for buildings of certain sizes and types. These measures not only aim to reduce carbon footprints but also strive to cut energy costs, enhance building values, and contribute to the well-being of occupants.

The role of energy benchmarking ordinances extends beyond mere regulatory compliance. They serve as a catalyst for change within the real estate industry, driving innovation in building design, construction, and operation. By setting a benchmark for energy performance, these ordinances encourage building owners and managers to adopt energy-saving measures, retrofit older buildings with energy-efficient technologies, and design new buildings to meet higher sustainability standards. Moreover, the data collected through these ordinances provides valuable insights for policymakers to shape future energy policies and programs, fostering a more sustainable and resilient built environment.

Jump to energy benchmarking ordinances and regulations by state here:

• California
• Colorado
• Florida
• Georgia
• Illinois
• Indiana
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Missouri
• New Jersey
• New York
• Oregon
• Pennsylvania
• Texas
• Utah
• Washington DC
• Washington State

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California

California is one of the largest energy consumers in the United States, and as such, it has been at the forefront of setting ambitious energy efficiency regulations. Through its ambitious policies, California aims to achieve 60% renewable energy by 2030, a 40% reduction in emissions by 2030 and carbon neutrality by 2045. 

Building energy requirements and policies in California are complicated and stringent. To help you make sense of them, we break them down here:

Statewide Energy Benchmarking Ordinance

Under the Building Energy Benchmarking Program, owners of commercial and multifamily buildings greater than 50,000 square feet must report their energy use to the California Energy Commission (CEC) by June 1st, annually.

In order to comply, building owners must follow the following steps:

1. Enter energy use data and physical building characteristics into ENERGY STAR Portfolio Manager
2. Submit building data to the CEC via the appropriate reporting link at the CEC’s Building Energy Benchmarking Program page

Additionally, the cities of Los Angeles, San Jose, San Francisco and Berkely have their own local benchmarking programs that align with or go beyond state requirements. Buildings within these jurisdictions only need to fulfill the requirements of their local jurisdictions. Read on for more information about local programs. 

For more information on the California Building Energy Benchmarking Program, including potentially exempt buildings, head here. 

Los Angeles

The Los Angeles Existing Buildings Energy and Water Efficiency (EBEWE) Program requires building owners to benchmark their energy usage and conduct retro-commissioning to improve the energy efficiency of their buildings. Visit our blog on EBEWE for a more comprehensive overview of the legislation, including the steps building owners must take to comply.

San Francisco

The San Francisco Existing Building Ordinance (EBO) is a local law that requires commercial and multifamily buildings to benchmark their energy usage and conduct energy audits to lower their energy consumption. The EBO is an important component of San Francisco’s efforts to reduce its carbon footprint and achieve its goal of becoming a net-zero carbon city by 2050.

What buildings are required to comply?

• Commercial buildings with over 10,000 square feet of heated or cooled space
• Multifamily residential buildings with over 50,000 square feet of heated or cooled space 

What are the requirements for building owners to comply?

• Energy Benchmarking: Building owners must track their energy use using ENERGY STAR Portfolio Manager and report it annually, by the deadline of May 1st, to the San Francisco Environment Department
• Energy Audit: Owners of commercial buildings must receive an energy audit, Decarbonization Assessment (SDA) a retro-commissioning study every 5 years from a qualified energy professional (find a list here) every 5 years. An audit provides specific, actionable recommendations to save money by saving energy in the building. Energy audits are not required for high performance buildings (those who have received the ENERGY STAR in 3 of the part 5 years, or are LEED certified) and buildings that have been constructed in the past 5 years
• Renewable Energy for Large Commercial Buildings: Commercial buildings over 50,000 square feet must obtain all electricity from 100% renewable sources. For buildings over 500,000 square feet, the deadline to transition was December 31, 2022. For buildings between 250,000 and 500,000 square feet, the deadline to transition is December 31, 2024. For buildings between 50,000 and 250,000 square feet, the deadline to transition is December 31, 2030. The easiest way for owners to comply with this requirement is by subscribing to CleanPowerSF SuperGreen, SFPUC Hetch Hetchy Power, or PG&E’s Solar Choice program

San Jose

The San Jose Energy and Water Building Performance Ordinance (BPO) is a local law that requires building owners to benchmark and report their energy and water usage to the city on an annual basis. Owners must also undergo an energy audit or retro-commissioning every ten years to identify opportunities for energy savings. The BPO is part of the city’s efforts to achieve climate action goals, reduce air pollution, save water and improve quality of life.

What buildings are required to comply?

• Commercial buildings over 20,000 square feet
• Multifamily residential buildings over 20,000 square feet

What are the requirements for building owners to comply?

• Energy Benchmarking: Building owners are required to track energy and water use using the ENERGY STAR Portfolio Manager. Owners must report this data to the City of San Jose annually by May 1st. The reporting link is available on the BPO homepage here. There are annual reporting fees of $150 per building, with invoices mailed to owners in early April each year.
• Beyond Benchmarking: Beginning in 2023, on a five-year cycle, if building owners can demonstrate that their building meets key performance standards, they may submit a Performance Verification Report. If a building is not able to meet these standards, they must perform either an audit, a retuning of their building, or a targeted efficiency upgrade. Visit the City of San Jose’s Beyond Benchmarking page for more information.

What are the fines for non-compliance?

If you miss the annual May 1st deadline, you may incur the following fees:

• For buildings under 50,000 square feet, $25 for each day of non-compliance, up to $2,500 per calendar year
• For buildings over 50,000 square feet, $50 for each day of non-compliance, up to $5000 per calendar year

For more information on the BPO, click here.

San Diego

The San Diego Building Energy Benchmarking Ordinance requires commercial, multifamily and mixed-use buildings over 50,000 square feet (or with more than 17 residential accounts) to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the City by June 1st, annually. 

Berkeley

The Building Emissions Saving Ordinance (BESO) requires commercial and multifamily buildings to benchmark their energy usage and meet certain energy efficiency and emissions reduction standards. The ordinance was enacted in 2020 and is part of the city's efforts to reduce greenhouse gas emissions and achieve carbon neutrality by 2045.

What buildings are required to comply?

• 1-4 unit homes require an assessment at time of listing
• 850 - 14,999 square foot buildings require an assessment at time of listing
• 15,000 - 24,999 square foot buildings require an assessment at time of listing and will require annual benchmarking starting summer 2022
• 25,000 square foot or more buildings require an assessment every 5 years and annual benchmarking

What are the requirements for building owners to comply?

• Annual Benchmarking: Owners of all buildings over 15,000 square feet in size are required to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the City by June 1st, annually. 
• Energy Assessments at Time of Listing: Before listing their buildings for sale, owners must hire a qualified assessor to complete an energy assessment and report, and provide it to the city and prospective buyers. Find registered BESO assessors for commercial, multifamily and mixed-use buildings here. Find registered BESO assessors for 1-4 unit residential buildings here. Find more information on energy assessments here.
• Energy Assessments For Large Buildings: Owners of large buildings must perform a comprehensive energy assessment every 5 years and disclose the energy score and recommendations to current and prospective tenants. Find more information on how to complete an energy assessment for your large building here.

What are the fees for completing an energy assessment under BESO?

At the time of application to the BESO portal, owners must pay the following filing fees:

• $79 for 1-4 unit dwellings 
• $79 for buildings between 850 and 4,999 square feet
• $152 for buildings between 5000 and 25,000 square feet
• $240 for buildings over $25,000 

Colorado

Statewide Benchmarking Program

Colorado’s Energy Performance for Buildings requires owners of commercial, multifamily and public buildings over 50,000 square feet to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the Colorado Energy Office by June 1st, annually. 

Denver

The Energize Denver Ordinance is a local law that requires owners of large buildings to benchmark and report their energy usage to the city on an annual basis. Building owners are also required to meet certain energy performance requirements based on their building’s Energy Use Intensity (EUI). The Energize Denver Ordinance is an important component of the city's efforts to reduce greenhouse gas emissions and achieve its goal of 80% carbon reduction by 2050.

What buildings are required to comply?

The Ordinance applies to all commercial, multifamily and public buildings over 25,000 square feet.

What are the requirements for building owners to comply?

• Annual Benchmarking: All large buildings in Denver must submit their annual benchmarking report by June 1st, using the ENERGY STAR Portfolio Manager. Buildings benchmarked in Denver will have their reports passed onto the State (in order to comply with the state-wide requirements), but owners will still have to pay the $100 fee to be considered compliant at the state level. Visit this page for more information.
• Energy Performance Requirements: All large buildings in Denver must meet a final EUI target by 2030, with interim targets in 2024 and 2027. Each building’s EUS target is based on its use-type. Find the full list of targets here. Owners can also customise their compliance based on individual building needs through target adjustments, electrification bonuses, renewable credits and alternative compliance options.

What are the penalties for non-compliance?

Buildings who fail to comply with the benchmarking requirement will be subject to a fee of $2000 per building, for every year they fail to comply.

Additionally, owners who fail to meet the energy performance targets will be subject to a penalty of minimum $0.30 and maximum $0.70 for each required kBtu reduction per year that the building fails to achieve in that year. 

Visit this page for a more comprehensive overview of potential fees.

Boulder

The Boulder Building Performance Ordinance is a set of rating, reporting and energy efficiency requirements that aim to reduce energy use and improve the quality of Boulder’s commercial buildings.

What buildings are required to comply?

All privately-owned commercial and industrial buildings and city-owned buildings over 20,000 square feet.

What are the requirements for building owners to comply?

• Rating and Reporting: Each affected and commercial industrial building owner must rate their whole-building energy use using the ENERGY STAR Portfolio Manager and submit their energy report to the city by June 1st, annually
• Energy Assessment: Every 10 years, buildings less than 50,000 square feet must complete an ASHRAE Level I Assessment, and buildings over 50,000 square feet must complete an ASHRAE level II Assessment. Building owners must use a qualified service provider (find a list here) to complete their Level I or Level II energy assessment. Owners must also submit an energy assessment report to the City of Boulder through an online submission form.
• One-time Lighting Upgrades: Building owners must implement one-time lighting upgrades within 5 years of the building’s first ordinance deadline. Visit this page for more information on how to complete a lighting upgrade.
• Retro-commissioning: Affected building owners are required to perform retro-commissioning beginning 5 years following their first ordinance deadline, and every 10 years thereafter. Cost-effective measures must be implemented within two years of the study. Buildings less than 50,000 square feet can participate in the Xcel Energy Business Assessment program to complete the requirement. Buildings over 50,000 square feet must work with a qualified service provider.

Florida

Miami

The Building Efficiency 305 Program requires owners of commercial buildings over 20,000 square feet to annually benchmark and report whole-building energy use data using the ENERGY STAR Portfolio Manager.

• For buildings 200,000 square feet or larger, initial compliance is required by June 30, 2023
• For buildings between 100,000 and 200,000 square feet, initial compliance is required by October 1, 2023
• For buildings between 50,000 and 100,000 square feet, initial compliance is required by October 1, 2024
• For buildings between 20,000 and 49,999 square feet, initial compliance is required by 2025

Orlando

The Building Energy and Water Efficiency Strategy (BEWES) requires city-owned buildings over 10,000 square feet and commercial and multifamily buildings over 50,000 to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the City by May 1st, annually. 

Additionally, owners of buildings with scores under the national average of 50 are required to perform an energy audit or a retro-commissioning study once every 5 years. The free OUC utility audit and free Duke Energy audit are both eligible for compliance.

Georgia

Atlanta

The Atlanta Commercial Energy Efficiency Ordinance requires building owners to benchmark their buildings’ energy use annually and conduct energy audits every 10 years to identify areas for energy efficiency improvements. The ordinance focuses on overcoming information barriers to energy efficiency and allowing the market to utilize that new-found knowledge as a driver to reward efficient performance. Analysis by the Atlanta Mayor’s Office of Sustainability shows that the ordinance can produce hundreds of millions of dollars in benefits to the private sector, driving investment in the community, creating jobs, and improving public health simultaneously as energy-related emissions are reduced.

What buildings are required to comply?

All city-owned buildings over 10,000 square feet and all non-city owned buildings over 25,000 square feet.

What are the requirements for building owners to comply?

• Annual Benchmarking: Affected building owners must benchmark their energy and water consumption data in the ENERGY STAR Portfolio Manager and submit that data to the city by July 1st, annually. 
• Energy Audits: Affected building owners must perform an ASHRAE Level II energy audit every 10 years. The audit must be conducted by a qualified professional (find a guide to choosing a professional here) and must include recommendations for energy-saving measures, such as upgrading lighting and HVAC systems, installing insulation, and sealing air leaks. Energy audit reports must be submitted to the City of Atlanta by the qualified provider. Owners can then choose which energy efficiency measures to implement in their buildings.

Illinois

Chicago

The Chicago Energy Benchmarking Ordinance requires commercial, institutional and residential buildings to track and report their energy usage to the city on an annual basis. The primary goal of the ordinance is to encourage building owners to improve the energy efficiency of their buildings, which can reduce energy costs, lower greenhouse gas emissions and improve the overall sustainability in the city. 

What buildings are required to comply?

All commercial, institutional and residential buildings over 50,000 square feet.

What are the requirements for building owners to comply?

• Annual Benchmarking: Building owners must track basic building information and whole building energy use using the ENERGY STAR Portfolio Manager, and report their data to the city by June 1st, annually. Additionally, in the first year of benchmarking, and every third year thereafter, building owners must have energy and building data reviewed by an in-house or third party professional with a license or training credential recognised by the City of Chicago
• Energy Rating: Under the Chicago Energy Rating System, implemented in 2019, buildings over 50,000 square feet are required to post their 0 to 4 star rating (shown on a Chicago Energy Rating Placard which is mailed to each building) in a prominent location on the property, and share this information at the time of sale or lease listing. The energy ratings for buildings are translated from existing ENERGY STAR scores into a new four star rating system. Buildings that have improved their scores or energy use intensities (EUIs) within the past two years will receive an additional star in their rating, which provides an incentive to make improvements.

Evanston

The Evanston Energy and Water Benchmarking Ordinance requires non-condominium buildings over 20,000 square feet, condominium buildings over 50,000 square feet and city-owned buildings over 100,000 square feet to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the City by June 30th, annually. 

Additionally, in the first year of benchmarking and every 3 years thereafter, building owners must have their reported benchmarking information verified by a Certified Professional. Click here for a list of data verification professionals.

Indiana

Indianapolis

Under the Indianapolis Benchmarking and Transparency Ordinance, city buildings over 25,000 square feet and non-city buildings over 50,000 square feet to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the City by June 1st, annually. 

What are the compliance deadlines?

For buildings over 100,000 square feet, the first benchmarking report is due on June 1st 2023

For buildings between 50,000 and 100,000 square feet, the first benchmarking report is due on June 1st, 2024.

Maryland

Montgomery County

Montgomery Country’s Energy Benchmarking Law requires buildings over 25,000 square feet to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the County by June 1st, annually. 

Additionally, for the first year and every three years thereafter, owners must have their data verified by a Recognised Data Verifier. Visit this page for more information on data verification.

Massachusetts

Boston

The Boston Building Emissions Reduction and Disclosure Ordinance (BERDO) is a policy implemented by the City of Boston to reduce greenhouse gas emissions from large buildings and promote energy efficiency. 

The policy applies to non-residential buildings that are over 20,000 square feet and residential buildings that have 15 or more units, and requires owners to annually report their building energy and water usage, as well as their greenhouse gas emissions, to the City of Boston. Building owners are also required to disclose their energy performance publicly on the City's website.

BERDO also sets specific emissions reduction targets for buildings in Boston. The targets are based on the building type and size and are designed to achieve a 50% reduction in greenhouse gas emissions from covered buildings by 2030, with a long-term goal of achieving carbon neutrality by 2050.

What are the requirements for building owners to comply?

• Energy and water usage reporting: Affected buildings must annually report their energy and water usage to the City of Boston using the ENERGY STAR Portfolio Manager annually, by May 15. The reports must be submitted through the City's online reporting form and include data on electricity, natural gas, steam, and water consumption.
• Public disclosure of energy performance: Building owners must publicly disclose their building's energy performance by displaying a building energy and emissions performance rating in a visible location near the main entrance of the building. The rating must be based on the building's energy usage intensity (EUI) and greenhouse gas emissions intensity (GEI).
• Third party data verification: As of 2022, building owners must provide a third-party verification of their reporting data for all previous years, but not including, the current year of reporting. Verifications must be performed by qualified Energy professionals (you can find a list here), and submitted prior to the deadline of the relevant year.
• Compliance with performance standards: Covered buildings are required to reduce their emissions over time, according to performance standards set out by BERDO. Find the specific energy and emissions reductions targets here.

Cambridge

The Cambridge Building Energy Use Disclosure Ordinance (BEUDO) requires commercial buildings over 25,000 square feet, residential buildings with more than 50 units, and municipal buildings over 10,000 square feet to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the Community Development Department by May 1st, annually.

Michigan

Detroit

Detroit has taken a significant step towards sustainability by adopting a comprehensive energy and water benchmarking policy for existing commercial and multifamily buildings. This policy mandates property owners to annually track and disclose their buildings' energy and water usage. Starting in 2024, all municipal buildings and commercial and multifamily buildings over 100,000 gross square feet (GSF) are required to report their energy and water consumption data. For buildings between 25,000 GSF and 100,000 GSF, reporting begins in 2025. This ordinance is part of Detroit's broader Climate Strategy, aiming to reduce greenhouse gas emissions and enhance the city's overall sustainability goals​​​.

Ann Arbor

The Ann Arbor Energy and Water Benchmarking Ordinance requires building owners of buildings greater than 20,000 square feet to benchmark their energy and water usage using the ENERGY STAR Portfolio Manager and submit it to the City by June 1st, annually.

Minnesota

Minneapolis

The Minneapolis Building Rating and Disclosure Policy requires commercial and multifamily buildings over 50,000 square feet and city-owned buildings over 25,000 square feet to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the City by June 1st, annually. Owners who fail to submit their data will incur a $200 fine.

Additionally buildings who receive an Energy Star score of 75 or less, or who are published on the city’s list of low performing buildings must complete an energy evaluation. Visit this page for more information on energy evaluations.

St Paul

The City of Saint Paul’s Energy Benchmarking ordinance requires owners of multifamily and commercial properties greater than 50,000 square feet to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the City by June 1st, annually.

Edina

Under the Efficient Buildings Ordinance, buildings over 25,000 square feet must track building energy and water usage using the ENERGY STAR Portfolio Manager and report the data to the City by June 1st, annually. 

Additionally, buildings over 25,000 square feet must conduct an energy assessment, which includes recommendations for energy and water savings opportunities, every five years. Energy assessments are conducted at no cost to the building owner. 

Missouri

St. Louis

The St. Louis Building Energy Awareness Ordinance requires commercial, multifamily and municipal buildings over 50,000 square feet to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the City by May 1st, annually.

Additionally, the St Louis Building Energy Performance Standard requires buildings over 50,000 square feet to comply with building performance standards measured in site energy use intensity (EUI). The EUI standards are based on the 35th percentile of benchmarking performance for local buildings of each property type, which means that 65% of buildings must reduce their energy consumption to comply. Buildings have until May 4th, 2025 to comply with the performance standards.

Building owners can comply with the energy standards by reducing the EUI of their buildings through physical or operational measures. For more information on how to reduce the energy usage of your buildings, visit this page.

Kansas City

The Kansas City Building Energy Empowerment Ordinance requires commercial, multifamily and municipal buildings over 50,000 square feet to benchmark their energy and water usage using the ENERGY STAR Portfolio Manager and submit it to the City by May 1st, annually.

New Jersey

As part of New Jersey’s Clean Energy Program, commercial buildings over 25,000 square feet are required to benchmark their energy and water usage using the ENERGY STAR Portfolio Manager by October 1st, annually.

New York

Local Law 87

Local Law 87 (LL87) requires buildings over 50,000 square feet to undergo an energy audit and retro-commissioning study once every 10 years. Visit our blog on LL87 for a more comprehensive overview of the legislation, including the steps building owners must take to comply.

Local Law 97

Local Law 97 (LL97) requires buildings over 25,000 square feet to meet ambitious greenhouse gas emissions limits, starting in 2024. Visit our blog on LL97 for a more comprehensive outline on the legislation, including the steps to comply.

Local Law 84

Local Law 84 (LL84) requires owners of buildings over 50,000 square feet to annually benchmark and report their energy usage to the city. Visit our blog on LL84 for more information. 

Ohio

Columbus

The Columbus Energy & Water Benchmarking & Transparency Ordinance requires commercial and multifamily buildings over 50,000 square feet to benchmark their energy, gas and water usage using the ENERGY STAR Portfolio Manager and submit it to the City by June 1st, annually.

Oregon

Portland

The Portland Energy Performance Policy requires commercial buildings over 20,000 square feet to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the City by April 22nd, annually.

Pennsylvania

Pittsburgh

The Pittsburgh Building Energy Benchmarking Ordinance requires owners of non-residential buildings over 50,000 square feet to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the City by May 1st, annually.

Philadelphia

Philadelphia’s Energy Benchmarking and Disclosure Law requires commercial and multifamily buildings over 50,000 square feet to benchmark their energy and water usage using the ENERGY STAR Portfolio Manager and submit it to the City by June 30th, annually.

Additionally, the Philadelphia Building Energy Performance Program requires non-residential buildings with over 50,000 square feet of indoor space to either conduct a Building Tune-Up, certify High Performance, or receive an exemption.

What are the requirements for building owners to comply?

Building owners have three options for compliance:

1. Conduct a Building Tune-Up: A tune-up involves hiring a tune-up specialist to conduct an assessment, implementing the corrective actions raised by the assessment and submitting to the Philadelphia Office of Sustainability a report detailing the results of the assessment and the corrective actions. 
2. Certify high performance: Buildings can demonstrate high performance by having one of the following: An ENERGY STAR certification of 75 or greater, a LEED Gold Rating, Net-Zero Energy Certification, participation in utility retro-commissioning program, demonstrated energy savings of 15%, an ASHRAE level II audit, demonstrated ongoing commissioning, or low site EUI. 
3. Receive an exemption: These are applicable where the building received its initial certificate of occupancy within 3 years of the scheduled tune-up date or the building is scheduled to be demolished within one year of the date of the scheduled tune-up date. 

What are the compliance deadlines for conducting a Building Tune-Up?

Building owners must conduct a tune-up and implement the corrective actions by the following schedule:

• September 30,2022 for buildings over 100,000 square feet.
• September 30, 2023 for buildings between 70,000 and 100,000 square feet.
• September 30, 2024 for buildings between 50,000 and 70,000 square feet.
• September 30, 2026 for buildings over 200,000 square feet.
• September 30, 2027 for buildings between 100,000 and 200,000 square feet. 

Additionally, all buildings are required to repeat the tune-up compliance process five years after their initial compliance deadline.

What are the compliance deadlines for certifying high performance?

Building owners must demonstrate high performance according to the following schedule:

• April 4, 2022 for buildings over 100,000 square feet.
• April 3, 2023 for buildings between 70,000 and 100,000 square feet.
• April 3, 2024 for buildings between 50,000 and 70,000 square feet.

Texas

Austin 

The Energy Conservation Audit and Disclosure (ECAD) Ordinance requires commercial buildings over 10,000 square feet to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the City by June 1st, annually.

Utah

Salt Lake City

The Salt Lake City Energy Benchmarking and Transparency Ordinance requires commercial buildings over 25,000 square feet to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the City by May 1st, annually.

Washington DC

Washington DC’s benchmarking law requires all buildings over 25,000 square feet to benchmark their energy usage using the ENERGY STAR Portfolio Manager and submit it to the Department of Energy & Environment (DOEE) by April 1st, annually.

Additionally, DC’s Building Energy Performance Standards (BEPS) Program sets a minimum threshold of energy performance by property type, to drive energy performance in existing buildings to meet the energy and climate goals of the Sustainable DC Plan. The DOEE establishes new Standards every six years, and building owners measure whether their buildings meet the Standards through benchmarking their energy use. Buildings that do not meet the Standards for a BEPS period will be placed in a five year compliance cycle.

What buildings are required to comply with the BEPS?

The 2021 BEPS applies to all privately owned buildings over 50,000 square feet and all District-owned buildings over 10,000 square feet. 

What are the 2021 BEPS?

For the full list of standards categorized by property type, click here. 

For office buildings, the minimum ENERGY STAR score is 71 and the maximum source EUI is 153.7.

When are buildings required to meet the 2021 BEPS?

The 2021 BEPS compliance cycle ends December 31, 2026, with end-of-cycle reporting due April 1, 2026. After this cycle, BEPS Period 2 begins and the cycle repeats.

What are the compliance pathways for buildings who don’t meet the BEPS?

There are four pathways available to building owners in order to meet performance requirements of a Compliance Cycle:

1. Performance Pathway: Building owners must reduce their energy usage intensity by 20%
2. Prescriptive Pathway: Owners can conduct audits, create action plans, implement energy efficiency measures or complete monitoring of their buildings.
3. Standard Target Pathway: For property types with a standard above the national median, they can simply reach the standard 
4. Alternative Compliance Pathway options: If owners meet specific criteria (eg. large portfolios or deep retrofits), they can follow a path with special criteria.

For more information on the BEPS Program, visit the compliance and enforcement guidebook.

Washington State

Statewide Clean Buildings Performance Standard 

The Clean Buildings Performance Standard aims to reduce the greenhouse gas emissions from the existing building industry by putting a cap on the energy used in commercial buildings over 50,000 square feet.

When are building owners required to comply:

Compliance due dates are broken into three cohorts based on building size. Compliance is mandatory and permanent, recurring every five years.

• June 1st, 2026 for buildings over 220,000 square feet.
• June 1st, 2027 for buildings between 90,000 and 220,000 square feet.
• June 1st, 2028 for buildings between 50,000 and 90,000 square feet.

What are the requirements for building owners to comply?

The Clean Buildings Standard requires that all affected buildings must comply with the Energy Management provisions of ASHRAE STandard 100-2018 that were adopted as part of the WA Administrative Code (WAC) 194-50. Major provisions of that standard include:

• Designation of an individual as Energy Manager for each building 
• Adoption of an Energy Management Plan for each building 
• Implementation of an Operations and Maintenance (O&M) Program in each building
• Meeting an energy performance standard or Energy Use Intensity (EUI) target based on building type. More information available here.
• For buildings that cannot calculate an EUI target or are above their EUI target, following the Investment Criteria process to identify and implement cost-effective energy efficiency measures.

Additionally, commercial buildings over 50,000 square feet must benchmark their energy use using ENERGY STAR Portfolio Manager and report the data annually to the Washington Department of Commerce.

Seattle

The Seattle Building Tune-Ups policy requires commercial buildings over 50,000 square feet to undergo a tune-up process that involves identifying and addressing energy efficiency opportunities. Through tune-ups, building owners can find operational efficiencies, improve building performance and, on average, reduce building energy use by 10-15%.

What are the requirements for building owners to comply?

The tune-up process typically involves the following steps:

1. Hire a Qualified Tune-Up Specialist: A tune-up specialist is a building energy professional with seven years of experience in energy management and one of several training or certification programs. The Northwest Energy Efficiency Council (NEEC) has a directory of firms that offer building tune-up services here.
2. Assessment: A qualified tune-up specialist assesses the building's energy performance by conducting a comprehensive energy audit and analysis. This includes examining the building's lighting, heating and cooling systems, building envelope, and other energy-related systems.
3. Report: The tune-up specialist creates a report outlining the findings of the assessment and recommends cost-effective energy efficiency measures that could be implemented in the building.
4. Implementation: The building owner or manager reviews the report and implements the recommended energy efficiency measures within a specified timeframe.

5. Reporting: Building owners or managers are required to report their energy performance data to the city annually.

What are the deadlines for compliance?

Building tune-ups are required every five years for commercial buildings 50,000 square feet or larger. The second tune-up cycle deadlines are as follows:

• For commercial buildings 200,000 square feet and larger, the Tune-Up summary report is due October 1, 2023

• For commercial buildings between 100,000 and 199,999 square feet, the Tune-Up summary report is due October 1, 2024

• For commercial buildings between 70,000 and 99,999 square feet, the Tune-Up summary report is due October 1, 2025

• For commercial buildings between 50,000 and 69,999 square feet, the Tune-Up summary report is due October 1, 2026.

• For commercial buildings between 50,000 and 69,999 square feet, the Tune-Up Summary Report is due 

Are there any alternative compliance pathways?

The Tune-Ups policy provides several alternative compliance options for owners who are unable to comply with the standard tune-up requirements. Buildings with extremely low energy use, exemplary energy performance certification, or those that have recently completed a tune-up equivalent project can apply for alternative compliance. Here are some alternative compliance examples:

• Certified ENERGY STAR score
• LEED Gold (check out our blog on LEED certification for more information)
• Living Building, Petal, or Net Zero Energy Certifications
• Low EUI (<20 kBtu/sf)
• Reduced EUI 15% or more
• Ongoing Commissioning 
• Completed Retro-Commissioning
• ASHRAE Level II Audit

Interested in improving your energy performance?

Our team of experts is here to help! Request a callback, and let's discuss how we can assist you in achieving a more sustainable, energy-efficient building portfolio.

Or, watch a demo to see how the PEAK Platform can help you comply with regulations and accelerate your progress towards net zero emissions.

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