Building Performance Standards

Name:

Greenhouse Gas and Energy Limits By-law 13472

Covered Buildings:

Commercial: 50,000 sq ft or greater

Compliance Pathways:

• Greenhouse Gas Intensity Limits: Owners and managers of existing large (>100,000 sqft) office and retail buildings will be subject to:
  • Greenhouse gas intensity (GHGi) limits starting in 2026 and net-zero in 2040.
  • Heat energy intensity limits (HEL) for natural gas and district energy use starting in 2040.

• Alternative Compliance: By August 1, 2027, to get a carbon emissions operating permit (CEOP) which consists of a base permit fee of $500 plus $350 MTCO₂e in excess of GHG limit.

Compliance Timeline:

• 6/1/27: GHGi Interim Target
• 8/1/27: Carbon Emissions Operating Permit (CEOP)
• 6/1/40: Net-zero
• 6/1/41: Heat energy intensity limits

Penalties:

• Carbon Emissions Operating Permit (CEOP) consists of a base permit fee of $500 plus $350 MTCO₂e in excess of GHG limit.

Name:

Water and Energy Savings Act

Covered Buildings:

• Commercial: 50,000 sq ft or greater
• Multifamily: 50,000 sq ft or greater

Compliance Pathways:

SB 48: Building Energy Savings Act, establishes that the Energy Commission, in consultation with the State Air Resources Board, Public Utilities Commission, and Department of Housing and Community Development, develop a strategy, on or before July 1, 2026, to track and manage the energy usage and emissions of greenhouse gases of covered buildings to achieve the states goals, targets, and standards related to energy usage and emissions of greenhouse gases. The bill would require the Energy Commission to submit the strategy and recommendations for further legislative action that would help achieve certain objectives to the Legislature on or before August 1, 2026.

Compliance Timeline:

• Program requirements have not yet been established.

Penalties:

• No enforcement of performance standards has been established.

Name:

Brisbane Building Efficiency Program (BBEP)

Covered Buildings:

• Commercial: 10,000 sq ft or greater
• Multifamily: 10,000 sq ft or greater

Compliance Pathways:

• Performance Pathway: A qualified professional must verify that your building meets energy and/or water standards:
  • Energy: LEED Existing Buildings O&M; ENERGY STAR score 80+; Improved ENERGY STAR score by 20 points; Weather normalized site energy use intensity (WEUI) 25% below the median for property type; or reduction in WEUI by 20%.
  • Water: U.S. EPA water score of 80; Improved U.S. EPA water score by 20 points; or water use intensity (WUI) that is 25% below the calculated median.

• Prescriptive Pathway: 40,000 sqft+ must conduct at minimum a ASHRAE Level 2 audit and buildings between 10,000 - 39,999 sqft must conduct a minimum of an asset score full report. Retro-commissioning is also required.

Compliance Timeline: 5-year compliance cycle (first cycle is 6 years)

• 2023 Commercial (Yr1)
• 2024 Multifamily and Industrial (Yr1)
• 2025 Commercial (Yr3)
• 2026 Multifamily and Industrial (Yr3)
• 2027 Commercial (Yr5)
• 2028 Multifamily and Industrial (Yr5)
• Year 1: Performance Verification and Audit.
• Year 3: Check-in on performance
• Year 5: Retro-commissioning (RCx) Report, Improvement Report or Green Lease.

Penalties:

• A fine not exceeding $100 for a first conviction;
• A fine not exceeding $200 for a second conviction;
• A fine not exceeding $500 for each additional conviction within 12 consecutive months.

Name:

Existing Buildings Energy and Water Efficiency (EBEWE) Program

Covered Buildings:

• Commercial: 20,000 sq ft or greater
• Multifamily: 20,000 sq ft or greater

Compliance Pathways:

• Buildings must undergo an ASHRAE Level II Energy and Water Audit and Retro-Commissioning (A/Retro-commissioning (RCx)), unless they meet certain energy and/or water exemptions, every 5 years starting with the initial deadlines below:
  • December 1, 2021: LADBS ID "0" or "1"
  • December 1, 2022: LADBS ID "2" or "3"
  • December 1, 2023: LADBS ID "4" or "5"
  • December 1, 2024: LADBS ID "6" or "7"
  • December 1, 2025: LADBS ID "8" or "9“

Compliance Timeline:

• Program started in 2021 based upon Building ID schedule and requires activities every five years.

Penalties:

• $202 per building subject to additional penalties and interest if not paid within 30 days.

Name:

Energy and Water Building Performance Ordinance (BPO)

Covered Buildings:

• Commercial: 20,000 sq ft or greater
• Multifamily: 20,000 sq ft or greater

Compliance Pathways:

• Performance Pathway: Meet energy and/or water standards for at least two of the three years preceding a compliance due date as verified by a qualified auditor or retro-commissioning professional. Alternative qualification through LEED existing building O&M certification.
• Improvement Pathway: Buildings that do not meet standards for energy and/or water must implement improvement actions as an alternative method for compliance using one of the following:
  • ASHRAE Level 2 Energy and Water Audit
  • Retro-commissioning and upgrade
  • Efficiency Improvement Measures

Compliance Timeline: 5-year compliance cycle

• 5/1/23: APN ending “0” or “1” 50,000 sqft+
• 5/1/24: APN ending “2” or “3” 50,000 sqft+
• 5/1/25: APN ending “4” or “5” 50,000 sqft+
• 5/1/26: APN ending “6” or “7” 50,000 sqft+
• 5/1/27: APN ending “8” or “9” 50,000 sqft+

Buildings 20,000 – 49,999 sqft have a due date 1 year after the dates stated above for the indicated APN (Assessor’s Parcel Number).

Penalties:

• $50/day for a maximum of $5,000 per year for buildings > 50,000 sqft. $25/day for a maximum of $2,500 per year for buildings < 50,000 sqft

Name:

Building Emissions Saving Ordinance (BESO)

Covered Buildings:

• Commercial: 25,000 sq ft or greater
• Multifamily: 25,000 sq ft or greater or five or more units

Compliance Pathways:

• Energy Report: Buildings 50,000 sqft and larger are required to complete an ASHRAE Level 2 Energy and Water Audit and building less than 50,000 are required to complete an ASHRAE Level 1 Energy and Water Audit every 5 years using a qualified service provider.
• Alternative Compliance: Exemptions from the Energy Report requirements for current reporting periods may be granted for buildings that demonstrate effective and achievable level of efficiency, electrification of building systems and appliances, and/or emissions reduction.

Compliance Timeline: 5-year compliance cycle

• 7/1/28: 50,000 sqft+ (Energy Report)
• 7/1/29: 25,000 – 49,999 sqft (Energy Report)

Penalties:

• Begins at $100 per violation, per day. Can be increased to $200 and $500 per day with a maximum penalty of $1,000.

Name: 

Building Energy Saving Ordinance (BESO)

Covered Buildings:

• Commercial: 20,000 sq ft or greater
• Multifamily: 20,000 sq ft or greater or five or more units

Compliance Pathways:

• High Performance Buildings (HPBs): Verified ENERGY STAR Score ≥80, ENERGY STAR Certification, or LEED Existing Building Certification for 3 of the last 5 years are exempt from conservation requirements.
• Standard Pathway: Meet performance targets or complete audit and retro-commissioning plus minimum improvement.
• Multifamily Pathway: Choose between performance targets or audit + minimum improvement; prescriptive upgrades also required.
• Audit & Retro-Commissioning: ASHRAE Level 1 or higher audit and retro-commissioning required every 5 years for buildings ≥50,000 sq ft with mechanical equipment and digital controls.

Compliance Timeline:

• 2026: ASHRAE Level 1 or 2 Audit (all sites) and Retro-commissioning (50k+ sqft only) or achieve improvements in ENERGY STAR score or EUI between 2021 and 2026 (every five years).
• 2026: Multi-family Prescriptive Upgrades
• 2031: Mandatory minimum improvements in ENERGY STAR score or EUI between 2021 and 2031 (every ten years).

Penalties:

• Fines based on building size: 20,000 – 49,999 sqft: Up to $750; 50,000 – 99,999 sqft: Up to $1,500; ≥100,000 sqft: Up to $2,250.

Name:

Existing Building Energy Ordinance

Covered Buildings:

• Commercial: 10,000 sq ft or greater

Compliance Pathways:

• Energy Audit: Required every 5 years for non-residential buildings:
  • ASHRAE Level II – 50,000 sqft+
  • ASHRAE Level I - 10,000 to 49,999 sqft
• Energy Audit Alternatives: Strategic Decarbonization Assessment that provides financial plan for the improvement and eventual replacement of building systems.
• Retro-commissioning to provide a detailed examination of all systems and operations to ensure they are operating as designed.
• 100% Renewable Energy: Commercial buildings 50,000 sqft+ required to obtain all electricity from 100% renewable sources.

Compliance Timeline: 5-year compliance cycle

• 4/1/26: Non-residential 50,000 sqft+
• 4/1/27: Non-residential 25,000 – 49,999 sqft
• 4/1/28: Non-residential 10,000 – 24,999 sqft
• 100% Renewable Energy
  • 12/21/22: 500,000 sqft+
  • 12/31/24: 250,000 – 499,999 sqft
  • 12/31/30: 50,000 – 249,999 sqft

Penalties:

• $100/day for a maximum of 25 days per year for buildings > 50,000 sqft. $50/day for a maximum of 25 days per year for buildings < 50,000 sqft.

Name:

Building Performance Colorado (BPC) Program

Covered Buildings:

• Commercial: 50,000 sq ft or greater
• Multifamily: 50,000 sq ft or greater

Compliance Pathways:

• Energy Efficiency Pathway: Meet weather-normalized Site EUI targets.
• Standard Percent Reduction Pathway: 13% by 2026, 29% by 2030.
• GHG Reduction Pathway: Meet GHGI targets (kg CO₂e/sqft).
• GHG Percent Reduction Pathway: Same reduction targets as energy pathway.
• Energy Audit: ASHRAE Level 2 energy audit must be performed when applying for a compliance adjustment to a building’s target or timeline.

Compliance Timeline:

• 2026 - 2029 EUI or GHGI (Target or % Reduction) Voluntary
• 2030 - 2050 EUI or GHGI (Target or % Reduction)
• 7/1/25: Deadline to select compliance pathway without formal request.
• 12/31/25: Deadline to submit a request for a timeline adjustment, standard target adjustment, or individualized targets.

Penalties:

• $2,000 first offense, $5,000 monthly until resolved.

Name:

Energize Denver Building Performance Standards (BPS)

Covered Buildings:

• Commercial: 5,000 sq ft or greater
• Multifamily: 5,000 sq ft or greater

Compliance Pathways:

• Small Buildings (5,000–24,999 sqft):
  • Lighting Upgrade: ≥90% LED lighting / equivalent lighting power density or ≥20% of annual site energy from renewable sources.
  • Alternative Compliance Options (ACO): 15% Energy Use Reduction for items other than LED lighting or renewables.
• Large Buildings (≥25,000 sqft): CASR assigns custom interim and final performance targets to achieve a total 30% weather-normalized site energy savings across all covered buildings by 2032.
• Alternative Compliance Options:
  • Energy Audit: ASHRAE Level 2 energy audit required for Target or Timeline Adjustments for qualifying circumstances.
  • Manufacturing/Agricultural/ Industrial (MAI) Option.

Compliance Timeline:

• 12/31/25: 15,001 - 24,999 sqft
• 12/31/26: 10,001 - 14,999 sqft
• 12/31/27: 5,000 – 10,000 sqft
• 6/1/28: Interim target 25k sqft+ (w/ opt-in)
• 6/1/32: Final target 25k sqft+ (w/ opt-in)
• 6/1/24 and 6/1/27: Interim targets 25k sqft+ (w/o opt-in)
• 6/1/30: Final target 25k sqft+ (w/o opt-in)

Penalties:

• Small Buildings: LED: $1.60/sqft; RE: $0.33/kBtu.
• Large Buildings: Up to $0.35/kBtu penalty. $10.00/sqft failure to benchmark in performance evaluation year.

Name:

Building Performance Ordinance (BPO) Program

Covered Buildings:

• Commercial: 20,000 sq ft or greater

Compliance Pathways:

• Energy Audit: Buildings 50,000 sqft and larger are required to complete an ASHRAE Level 2 Energy Audit and buildings less than 50,000 are required to complete an ASHRAE Level 1 Energy Audit every 10 years using a qualified service provider.
• Retro-commissioning: Retro-commissioning (RCx) is required every 10 years using a qualified service provider. Requires implementation of measures.
• Lighting Upgrade: Affected building owners must complete one-time lighting upgrades that meet specific energy codes for interior and exterior lighting power, controls, and sensors.

Compliance Timeline: 10-year compliance cycle

• 6/1/29: >50,000 sqft (ASHRAE Level II Energy Audit)
• 12/31/31: 30,000 – 49,999 sqft (ASHRAE Level I Energy Audit)
• 6/1/33: 20,000 – 29,999 sqft (ASHRAE Level I Energy Audit)
• 6/1/32: >50,000 sqft (Retro-commissioning (RCx))
• 6/1/33: 30,000 – 49,999 sqft (Retro-commissioning (RCx))
• 6/1/35: 20,000 – 29,999 sqft (Retro-commissioning (RCx))
• 6/1/22: >50,000 sqft (Lighting Upgrade)
• 6/1/23: 30,000 – 49,999 sqft (Lighting Upgrade)
• 6/1/25: 20,000 – 29,999 sqft (Lighting Upgrade)

Retro-commissioning (RCx) implementation due 2 years after dates listed above. Lighting upgrades only need to happen once.

Penalties:

• $0.0025 per square foot, up to $1,000 per day of non-compliance.

Name:

Building Performance Standards (BPS)

Covered Buildings:

• Commercial: 5,000 sq ft or greater
• Multifamily: 5,000 sq ft or greater

Compliance Pathways:

• Considering adopting an Energy Use Intensity (EUI) target for individual covered buildings which typically is measured by thousand British thermal units (kBtu/square foot) and is a common metric that includes multiple fuels (often natural gas and electricity) used for energy in a building within a single metric. EUI is tracked through Utilities' existing benchmarking program, ensuring objective targets are easily monitored. BPS implementation timelines could have 2027 as the interim timeline and 2030 as the target deadline. Buildings between 5,000 - 10,000 square feet have more attainable targets and longer timelines for them to be achieved.

Compliance Timeline:

• Program requirements have not yet been established.

Penalties:

• $3,000 fine for each year of noncompliance.

Name:

Building Energy Performance Standards (BEPS)

Covered Buildings:

• Commercial: 10,000 sq ft or greater
• Multifamily: 10,000 sq ft or greater

Compliance Pathways:

• Standard Pathway: Meet property-type performance standards using ENERGY STAR score or Source EUI (5-year cycles after first year) where local median below national avg.
• Performance Pathway: Reduce Site EUI by ≥20% over the compliance cycle. Requires Completed Actions Report and verified benchmarking.
• Prescriptive Pathway: Implement cost -effective energy efficiency measures (EEMs) in four phases: ASHRAE Level 2 Energy Audit; EEM Action Plan and O&M Program; Implementation and M & V.
• Trajectory Pathway: Building-specific long-term targets starting in the second compliance cycle (2028).

Compliance Timeline:

• 12/31/26: 50,000 sqft+ (Cycle 1 start 1/1/21)
• 12/31/32: 25,000 – 49,999 sqft (Cycle 2 start 1/1/28)
• 12/31/38: 10,000 – 24,999 sqft (Cycle 3 start 1/1/34)
• 4/1/26 : Cycle 1 Implementation Report (prescriptive)

Penalties:

• Alternative Compliance Payment (ACP): Up to $10/sqft of gross floor area, max $7.5 million.

Name:

Building Efficiency 305 Benchmarking Program

Covered Buildings:

• Commercial: 50,000 sq ft or greater
• Multifamily: 50,000 sq ft or greater

Compliance Pathways:

• Tune-up: Commercial buildings 50,000 sqft+ shall ensure that retuning is performed on the base building systems of each such property in accordance with the schedule requirements to ensure that base building systems are maintained, cleaned, and repaired by a qualified retuning professional and implement opportunities with a 3 year or less payback.

Compliance Timeline:

• 12/1/28: 200,000 sqft+
• 12/1/29: 100,000 – 199,999 sqft
• 12/1/30: 50,000 – 99,999 sqft

Penalties:

• $250 per day for a first-time offense or $500 per day for a repeat violation.

Name:

Building Energy and Water Efficiency Strategy (BEWES)

Covered Buildings:

• Commercial: 50,000 sq ft or greater
• Multifamily: 50,000 sq ft or greater

Compliance Pathways:

• Energy Audit: As of December 2020, every five years, buildings that have an ENERGY STAR® score below 50 will be required to perform an energy audit.
• Retro-commissioning: As an alternative to an energy audit, retro-commissioning (Retro-commissioning (RCx)) can be performed on base building systems.

Compliance Timeline: 5-year compliance cycle

• 2025: Energy Audit or Retro-commission if ENERGY STAR® score below 50

Penalties:

• Non-compliant buildings are publicly disclosed in Orlando's annual transparency report and on the benchmarking map.

Name:

Commercial Building Energy Efficiency Ordinance (CBEEO)

Covered Buildings:

• Commercial: 25,000 sq ft or greater
• Multifamily: 25,000 sq ft or greater

Compliance Pathways:

• Energy and Water Audit: Commercial buildings 25,000 sqft and larger are required to have an ASHRAE Level 2 Energy and Water Audit performed every ten years.
• Retro-commissioning: Commercial buildings 25,000 sqft and larger are required to have retro-commissioning performed on base building systems every ten years.
• Alternative Compliance: Buildings that are already very energy efficient or buildings that have recently taken actions that improve energy efficiency may be eligible for an exemption including ENERGY STAR or specified LEED certifications or other comparable recognitions.

Compliance Timeline: 5-year compliance cycle

• 12/31/30: Last Digit Building ID “0” 25,000 sqft+
• 12/31/31: Last Digit Building ID “1” 25,000 sqft+
• 12/31/32: Last Digit Building ID “2” 25,000 sqft+
• 12/31/33: Last Digit Building ID “3” 25,000 sqft+
• 12/31/34: Last Digit Building ID “4” 25,000 sqft+
• 12/31/25: Last Digit Building ID “5” 25,000 sqft+
• 12/31/26: Last Digit Building ID “6” 25,000 sqft+
• 12/31/27: Last Digit Building ID “7” 25,000 sqft+
• 12/31/28: Last Digit Building ID “8” 25,000 sqft+
• 12/31/29: Last Digit Building ID “9” 25,000 sqft+

Penalties:

• $1,000 for each year of non-compliance.

Name:

Building Performance Standards (BPS)

Covered Buildings:

• Commercial: 20,000 sq ft or greater
• Multifamily: 20,000 sq ft or greater

Compliance Pathways:

• Properties >20,000 sqft must meet and maintain by 2050 the following final performance standards, as established by the rulemaking process:
  • Energy efficiency as measured by maximum normalized site EUI,
  • Zero normalized onsite and district thermal greenhouse gas emissions,
  • 100 percent of electricity usage sourced through renewable electricity.
• Alternative Compliance Pathway Plan (ACPP): If unable to meet one or more of the applicable interim or final performance standards, can request approval for using an ACPP which can include options for timeline adjustments, and/or adjustments or exemptions to one or more interim or final performance standards.

Compliance Timeline:

• 6/30/31: First interim target reporting year
• 6/30/36: Second interim target reporting year
• 6/30/41: Third interim target reporting year
• 6/30/46: Fourth interim target reporting year
• 6/30/51: Final target reporting year (net-zero)

Penalties:

• No enforcement of performance standards shall begin until the rulemaking process is complete and interim and final performance standards are approved by City Council.

Name:

Building Energy Performance Standards (BEPS)

Covered Buildings:

• Commercial: 35,000 sq ft or greater
• Multifamily: 35,000 sq ft or greater

Compliance Pathways:

• Standard Pathway: Meet both GHG and Site EUI targets for the property type. ​
• Alternative Compliance Payment (ACP): Pay $230/metric ton CO2e above the limit in 2030, increasing $4/year (adjusted for inflation). ​
• Campus-Level Compliance: Area-weighted standards for campuses with shared meters or district energy systems.​
• Affordable Housing: Eligible for reduced ACP if demonstrating good faith compliance efforts.

Compliance Timeline:

• 2030: 20% Program GHG reduction (33% EUI reduction)
• 2035: 60% Program GHG reduction (67% EUI reduction)
• 2040: Net-zero GHG emissions and Final Site Energy Use Intensity (Site EUI) targets

Penalties:

• GHG noncompliance subject to ACP as outlined in Compliance Pathway section.

Name:

Building Energy Performance Standards (BEPS)

Covered Buildings:

• Commercial: 25,000 sq ft or greater
• Multifamily: 25,000 sq ft or greater

Compliance Pathways:

• Standard Pathway: Meet minimum of assigned EUI performance targets or 30% reduction.​
• Alternative Pathway (BPIP): Submit a Building Performance Improvement Plan with energy audits, retrofit plans, and annual progress reports.​
• Renewable Energy Allowance: Onsite renewable energy provides a credit towards a building’s Interim and Final performance targets.​
• Building Categories:​
  • Group 1: Non-res buildings 250k+ sqft​
  • Group 2: Non-res buildings of 50k – 250k sqft​
  • Group 3: Non-res buildings of 25k – 50k sqft​
  • Group 4: Multifamily buildings 250k+ sq ft​
  • Group 5: Multifamily buildings of 25k – 250k sqft
• If in compliance with Montgomery County BEPS requirements, you are not required to be in compliance with the State of Maryland BEPS requirements.

Compliance Timeline:

• 12/31/28: Interim Performance Target for Groups 1 & 2
• 12/31/30: Interim Performance Target Groups 3 & 4
• 12/31/31: Interim Performance Target Group 5
• 12/31/33: Final Performance Target Groups 1 & 2
• 12/31/35: Final Performance Target Groups 3 & 4
• 12/31/36: Final Performance Target Group 5

Penalties:

• Non-compliance or false information $500 per day, increasing to $750 up to a maximum of $5,000. Recent changes to legislation (HB 49) could enable changes to these penalties.

Name:

Building Emissions Reduction and Disclosure Ordinance (BERDO 2.0)

Covered Buildings:

• Commercial: 20,000 sq ft or greater
• Multifamily: 20,000 sq ft or greater or 15 or more units

Compliance Pathways:

• Standard Pathway: Meet emission targets based on building use type (kgCO₂e/sqft/year).
• Alternative Pathways: Individual Compliance Schedule: Custom timeline with linear reductions - 50% by 2030, 100% by 2050.
• Additional Mechanisms: Renewable Energy Certificates (RECs), Power Purchase Agreements (PPAs), Municipal aggregation, and Alternative Compliance Payments (ACP): $234/metric ton CO₂e.

Compliance Timeline:

• 2025: Emissions standards begin ≥35,000 sqft
• 2030: Emissions standards begin 20,000 - 34,999 sqft
• 2050: Net-zero emissions

Penalties:

• $1,000/day for buildings ≥35,000 sqft or ≥35 units. $300/day for buildings 20,000 - 34,999 sqft or 15–34 units.

Name:

Building Emissions Reduction and Disclosure Ordinance (BERDO)

Covered Buildings:

• Commercial: 20,000 sq ft or greater

Compliance Pathways:

• Emission Intensity Limits: Buildings >20,000 will be subject to four interim emission intensity (kgCO2e/sf/yr) targets and requirement to achieve net-zero by 2050.​
  • Tier 1: 100,000 sqft+​
  • Tier 2: 50,000 – 99,999 sqft​
  • Tier 3: 35,000 – 49,999 sqft​
  • Tier 4: 20,000 – 34,999 sqft

Compliance Timeline:

• Cycle 1: 2027/32 (Tier 1), 2028/33 (Tier 2), 2029/34 (Tier 3), 2030/34 (Tier 4)
• Cycle 2: 2033/38 (Tier 1), 2034/39(Tier 2), 2035/39 (Tier 3), 2035/39 (Tier 4)
• Cycle 3: 2039/44 (Tier 1), 2040/44 (Tier 2), 2040/44 (Tier 3), 2040/44 (Tier 4)
• Cycle 4: 2045/49 (Tier 1), 2045/49 (Tier 2), 2045/49 (Tier 3), 2045/49 (Tier 4)
• Net Zero: 2050 (All Tiers)

Penalties:

• $1,000/Day 35,000 sqft+, $300/day less than 35,000 sqft.

Name:

Building Energy Use Disclosure Ordinance (BEUDO)

Covered Buildings:

• Commercial: 25,000 sq ft or greater

Compliance Pathways: 4-year compliance cycle

• Performance: Each covered property >25,000 sqft shall comply on an annual basis with GHG Emissions requirements.
• Reductions are based upon an average for the 2018 and 2019 baseline. An alternative baseline that averages two consecutive years between 2010 and 2018 can be used but would incur an additional 2.5% reduction for every year in between the baseline and 2018.

Compliance Timeline:

• 100,000 sqft or more – Change from Baseline
  • Per 1 (2026 – 2029) Not to exceed 80%.
  • Per 2 (2030 – 2034) Not to exceed 40%.
  • 2035 onward, not to exceed zero.
• 25,000 – 99,999 sqft – Change from Baseline
  • Per 1 (2026 – 2029) Not to exceed 100%.
  • Per 2 (2030 – 2034) Not to exceed 60%.
  • Per 3 (2035 - 2039) Not to exceed 40%
  • Per 4 (2040 – 2044) Not to exceed 20%.
  • Per 5 (2045 - 2049) Not to exceed 10%
  • 2050 onward, not to exceed zero.

Penalties:

• $300 per violation, per day of non-compliance.

Name:

Buildings Emission Reduction and Disclosure Ordinance (BERDO)

Covered Buildings:

• Commercial: 20,000 sq ft or greater
• Multifamily: 20,000 sq ft or greater

Compliance Pathways:

• Greenhouse Gas Emission Limits: Buildings >20,000 will be subject to increasingly strict greenhouse gas emission limits to achieve net-zero. Baseline will be based upon calendar years 2025 and 2026.

Compliance Timeline:

• 100,000 sqft or more – Change from Baseline
  • Per 1 (2027 – 2029) Not to exceed 80%.
  • Per 2 (2030 – 2034) Not to exceed 40%.
  • 2035 onward, not to exceed net-zero.
• 20,000 – 99,999 sqft – Change from Baseline
  • Per 1 (2027 – 2029) Not to exceed 100%.
  • Per 2 (2030 – 2034) Not to exceed 60%.
  • Per 3 (2035 - 2039) Not to exceed 40%
  • Per 4 (2040 – 2044) Not to exceed 20%.
  • Per 5 (2045 - 2049) Not to exceed 10%
  • 2050 onward, not to exceed zero.

Penalties:

• $300/day for each day of non-compliance.

Name:

Business/Commercial Buildings & Energy

Covered Buildings:

• Commercial: 25,000 sq ft or greater
• Multifamily: 25,000 sq ft or greater

Compliance Pathways:

• Energy and Water Audit: Performed within the last five years prior to compliance date.

Compliance Timeline: 5-year compliance cycle

• 12/1/27: 100,000 sqft+
• 12/1/28: 50,000 – 99,999 sqft
• 12/1/29: 25,000 – 49,999 sqft

Penalties:

• $1,000 per violation.

Name:

Energy Evaluation

Covered Buildings:

• Commercial: 50,000 sq ft or greater
• Multifamily: 50,000 sq ft or greater

Compliance Pathways:

• Audit: Energy evaluations are required when buildings get an ENERGY STAR® score of 75 or less or are on the list of low-performing buildings. Evaluations are good for a period of five years. ​
• Alternative Compliance: Earned a green building certification in the last three years, such as: LEED Gold or Platinum; Minnesota B3; or Energy Star certification for buildings or show progress in reducing weather-normalized energy use intensity of 20% between 2020 and 2025.

Compliance Timeline:

• Energy evaluation comparable to ASHRAE Level 1 Energy & Water Audit required every five years if not meeting performance standard for commercial and multifamily buildings 50,000 sqft+.

Penalties:

• Failure to comply may lead to the denial, suspension, revocation, or refusal to issue a rental license, certificate of commercial building registration, or business license.

Name:

Building Energy Performance Standards (BEPS)

Covered Buildings:

• Commercial: 50,000 sq ft or greater
• Multifamily: 50,000 sq ft or greater

Compliance Pathways:

• Performance: Meet or beat the EUI target for the property type. ​
• Early Adopter: Meet the EUI target and reduce EUI by ≥20% (compliance for 2 cycles) or ≥50% (compliance for 3 cycles). ​
• Narrow the Gap: Reduce EUI to the midpoint between baseline and target. Available only for the first two cycles and properties with valid 2018 reports. ​
• Custom Alternative Compliance Path (CACP): For properties unable to meet other paths due to unique constraints. Requires ASHRAE Level 2 Energy Audit or retro-commissioning. Must submit a detailed plan with timelines, financing, and projected performance.

Compliance Timeline: 5-year compliance cycle

• 5/4/25: Most Buildings (Cycle 1)
• 5/4/27: Qualified Affordable Housing and Houses of Worship (Cycle 1)

Penalties:

• Up to $500/day for failure to meet BEPS requirements.

Name:

Energy & Water Efficiency

Covered Buildings:

• Commercial: 30,000 sq ft or greater
• Multifamily: 30,000 sq ft or greater

Compliance Pathways:

• Energy Performance: ENERGY STAR score >50; Energy use intensity (EUI) >50% of all covered properties of its type; ENERGY STAR score at least 15 points higher than baseline year.; or Weather normalized source EUI was reduced by at least 10 percent relative to the baseline year.​
• Water Performance: ENERGY STAR water score >50; Water use intensity (WUI) >50% of all covered properties of its type; or ENERGY STAR water score at least 15 points higher than baseline year.​
• Alternative Compliance: Energy & Water Audit or Retuning within three years of due date; specified LEED certification; utility returning within seven years of due date.

Compliance Timeline: 7-year compliance cycle

• 2028: 100,000 sqft+
• 2029: 50,000 – 99,999 sqft
• 2032: 30,000 – 49,999 sqft

Penalties:

• Penalty of $100 (1st), $250 (2nd) and $500 (3rd) violation escalating each month not in compliance once cited.

Name:

Building Energy Performance Standards (BEPS)

Covered Buildings:

• Commercial: 25,000 sq ft or greater
• Multifamily: 25,000 sq ft or greater

Compliance Pathways:

• Standard Pathway (Article 320): Meet annual emissions limits based on building type and occupancy group. ​
• Prescriptive Pathway Article 321): Implement a defined list of energy conservation measures by 2024. ​
• Performance Pathway (Article 321): Demonstrate emissions below 2030 limits using 2024 data. ​
• Reporting: Annual emissions report due May 1st, certified by a Registered Design Professional. ​
• Local Law 87: ASHRAE Level II energy audits and retro-commissioning every 10 years for buildings ≥50,000 sqft based upon last digit tax block number (“5” due 2025). ​
• There are additional local laws such as Local Law 88 – Lighting & Sub-Metering, Local Laws 92 & 94 – Sustainable Roofs and Local Law 33 & 95 – Energy Grades that should be investigated to determine compliance requirements.

Compliance Timeline:

• 2024 – 2029: Initial emissions limits based on building type.
• 2030 – 2049: Progressively stricter limits every 5 years.
• 2050: Net-zero GHG emissions.

Penalties:

• Performance: $268 per ton of CO₂ over the limit annually. ​
• Failure to File Reports: $0.50/sqft per month until corrected. ​
• False Statements: Up to $500,000 fine and/or 30 days imprisonment. ​
• Audit/Retro-commissioning (RCx): $3,000 first year, $5,000 each additional year.

Name:

Buildings Performance Standard (BPS)

Covered Buildings:

• Commercial: 20,000 sq ft or greater
• Multifamily: 35,000 sq ft or greater

Compliance Pathways:

• Standard Pathway Tier 1: Develop and implement an Energy Management Plan (EMP) and Operations & Maintenance(O&M) program and meet the EUI target.​
• Standard Pathway Tier 2: Only requirements for Benchmarking and Reporting.​
• Investment Criteria Pathway (Tier 1): If unable to meet EUI target, implement all cost -effective energy efficiency measures per Level 2 energy audit and life-cycle cost analysis.​
• Conditional Compliance (Tier 1): Temporary status for buildings implementing EEMs but not yet meeting EUI target. ​
• Grouped Buildings/Campus Pathway: Aggregate compliance with area-weighted EUI targets.

Tier 1: Commercial buildings ≥35,000 sqft; Tier 2: Multifamily, hospital, school, dormitory, or university buildings ≥35,000 sq ft; or commercial buildings 20,000 - 35,000 sqft.

Compliance Timeline:

• 6/1/28: Tier 1 buildings >200,000 sqft
• 6/1/29: Tier 1 buildings 90,000–199,999 sqft
• 7/1/28: All Tier 2 buildings (not required to meet EUI targets)
• 6/1/30: Tier 1 buildings 35,000–89,999 sqft

Penalties:

• Tier 1: Maximum penalty of $5,000 and up to $1/sqft/year for continuing violations.​
• Tier 2: No penalties currently specified.

Name:

Bureau of Planning and Sustainability (BPS)

Covered Buildings:

• Program requirements have not yet been established.

Compliance Pathways:

• Developing BPS Program: Climate and health-related performance standards for existing buildings are requirements, in this case expressed in policies adopted by City Council. These policies would only apply to existing rental apartments as well as large commercial and multifamily buildings. Buildings covered by these policy requirements would have to meet minimum standards for the building’s carbon emissions, indoor air quality, and indoor temperature by certain dates.​
• The Bureau of Planning and Sustainability (BPS) convened stakeholders to help refine climate and health standards for existing buildings in 2022 and 2023 and are continuing to convene with key stakeholders in the development of a draft policy.

Compliance Timeline:

• Program requirements have not yet been established.

Penalties:

• No enforcement of performance standards has been established.

Name:

Building Energy Performance Program

Covered Buildings:

• Commercial: 50,000 sq ft or greater

Compliance Pathways:

• Tune-up: Hire an approved tune-up specialist to lead your building system assessment and sign off on tune-up reports with implementation of adjustments and minor repairs.
• Alternative Pathways: ENERGY STAR Certification in year prior to compliance date; USGBC's LEED for Building Operations and Maintenance v4 or Net-Zero Energy Certification within three years of compliance date; Participated in full retro-commissioning program or performed ASHRAE Level 2 Energy Audit and implement opportunities with less than 3-year payback; or achieved energy savings of at least 15% and provided M&V reporting.

Compliance Timeline: 5-year compliance cycle

• 9/30/26: 200,000 sqft+
• 9/30/27: 100,000 – 199,999
• 9/30/28: 70,000 – 99,999 sqft
• 9/30/29: 50,000 – 69,999 sqft

Penalties:

• $2,000 plus $500 /day after the first 30 days.

Name:

Energy Conservation Audit and Disclosure Ordinance (ECAD)

Covered Buildings:

• Multifamily: 10,000 sq ft or greater or 5 or more units

Compliance Pathways:

• Energy audits of multifamily housing must be done if the facility is 10 years or older.

Compliance Timeline:

• 10-year compliance cycle starting after first audit.

Penalties:

• Up to $500 per violation or $2,000 with criminal negligence.

Name:

Elevate Buildings

Covered Buildings:

• Commercial: 25,000 sq ft or greater

Compliance Pathways:

• Retro-commissioning: Retro-Commissioning Study required once every five years. The study involves assessing the energy performance of a building and making necessary improvements to enhance its energy efficiency. Tune-up to be performed by a local utility approved provider.
• Alternative Compliance: ENERGY STAR score >50 in year prior to first tune-up due date or in two of the three years prior to subsequent due dates. Other options include shown performance is better than average same type building or specific LEED certification in two of the three years prior to due dates.

Compliance Timeline: 5-year compliance cycle

• 12/31/26: Last Digit Tax ID “0” or “1” 50,000 sqft+
• 12/31/27: Last Digit Tax ID “2” or “3” 50,000 sqft+
• 12/31/28: Last Digit Tax ID “4” or “5” 50,000 sqft+
• 12/31/29: Last Digit Tax ID “6” or “7” 50,000 sqft+
• 12/31/25: Last Digit Tax ID “8” or “9” 50,000 sqft+

Penalties:

• $500 per violation thereafter not exceeding a total of $1,000 annually.

Name:

Clean Building Performance Standards (CBPS)

Covered Buildings:

• Commercial Tier 1: 50,000 sq ft and larger
• Commercial Tier 2: 20,000 – 49,999 sq ft
• Multifamily Tier 2: 20,000 sq ft and larger

Compliance Pathways:

• Standard Requirements: Tiers 1 & 2 required to implement operations and maintenance (O&M) and create energy management plan (EMP). Tier 1 requires qualified energy manager and demonstrate WNEUI ≤ EUI target.
• Investment Criteria Pathway (Tier 1): If unable to meet EUI target, implement all cost-effective energy efficiency measures per Level 2 energy audit and life-cycle cost analysis.
• Conditional Compliance (Tier 1): Temporary status for buildings implementing EEMs but not yet meeting EUI target.
• Grouped Buildings/Campus Pathway: Aggregate compliance with area-weighted EUI targets.
• Requires a qualified person (i.e., Certified Energy Manager (CEM), Energy Management Professional (EMP), or a qualified energy auditor) to establish energy use targets and attest that the Operations and Maintenance and Energy Management Plan requirements have been developed, implemented, and maintained.

Compliance Timeline: 5-year compliance cycle

• 6/1/26: Tier 1 buildings >220,000 sqft
• 6/1/27: Tier 1 buildings 90,000–219,999 sqft
• 7/1/27: All Tier 2 buildings (not required to meet EUI targets)
• 6/1/28: Tier 1 buildings 50,000–89,999 sqft

Penalties:

• Tier 1: Maximum penalty of $5,000 and up to $1/sqft/year for continuing violations.
• Tier 2: Up to $0.30/sqft for documentation noncompliance.

Name:

Building Emissions Performance Standard (BEPS)

Covered Buildings:

• Commercial: 20,000 sq ft or greater
• Multifamily: 20,000 sq ft or greater

Compliance Pathways:

• Path A: Standard Compliance: Meet GHGITs at each five-year interval (Individual or portfolio) starting 2031 for sites >220,000 sqft.
• Path B: Modified Compliance: Includes extensions, deductions, and alternative compliance payments (2031 – 2035 only).
• Path C: Decarbonization Compliance Plan: For buildings facing extenuating circumstances (e.g., seismic upgrades, landmark status). Must include audits, cost analysis, and a schedule for achieving net-zero or low emissions.
• Alternate Compliance: Alternate GHGI target reduction or Compliance Payments $190/MTCO2e 2031 – 2035.
• Tune-up Program: Non-res buildings ≥50,000 sqft every five years. (program ending 12/31/28). Energy audit/ EEM as alternative.

Compliance Timeline:

• Initial GHG Report
  • 10/1/27: 90,001 sqft
  • 10/1/28: 50,001 - 90,000 sqft
  • 10/1/29: 30,001 - 50,000 sqft
  • 10/1/30: 20,001–30,000 sqft

Penalties:

• Performance: $10/sqft for nonresidential buildings; $7.50/sqft for multifamily buildings; $2.50/sqft for low-income housing.
• Tune-Up: Fines escalate based on building size and delay duration. $5,000 (180 days) / $20,000 (360 days) for large buildings and $2,000 (180 days) / $8,000 (360 days) for small buildings. $5,000 - $10,000 for misrepresentation.

Name:

Buildings Energy Savings Program (BESP)

Covered Buildings:

• Commercial: 50,000 sq ft or greater

Compliance Pathways:

• Tune-up: Commercial buildings 50,000 sqft and larger are required to tune up every four years. Buildings >100,000 sqft that complete tune-up requirements in 2025 will not be required to tune-up again until 2030.
• Alternative Compliance: Buildings that are already very energy efficient or buildings that have recently taken actions that improve energy efficiency may be eligible for an exemption including ENERGY STAR or specified LEED certifications or other comparable recognitions. An ASHRAE Level 2 energy audit with project implementation or other tune-up/retro-commissioning activities can also qualify.

Compliance Timeline: 4-year compliance cycle

• 10/31/26: 100,000 sqft+
• 10/31/27: 50,000 – 99,999 sqft

Penalties:

• $1,000 for each ninety (90) days of non-compliance.