BPS Services

Policy Details

Policy Name: Building Energy Saving Ordinance (BESO)

Year Enacted: 2018

Buildings Included

Types of Real Estate and Sizes (Sq. Ft.): Commercial, Multifamily, & Public/Government Owned ≥ 25,000 sq. ft. All Residential buildings with 1-4 attached units

Requirements

Energy Audit (ASHRAE LEVEL 1, 2, 3): ASHRAE Level II for buildings ≥ 50,000 sq. ft., ASHRAE Level I for all others, including 2-4 unit houses. HES for single unit houses

Water Audit: Required

Enforcement: Penalties begin at $100 per violation, per day. Can be increased to $200 and $500

Performance Exemptions

Description: High-performance buildings under 25,000 sq. ft.

Policy Schedule

Upcoming Compliance Date(s) + Applicable Buildings:

• July 1 2023: buildings 50,000 sq. ft. and larger
• July 1, 2024: buildings 25,000 to 49,999 sq. ft.
• Time of sale: Houses with 1-4 dwelling units and buildings < 24,999 sq. ft.

Length of Compliance Cycle (Years):

• 5 years for buildings 25,000 sq. ft. and larger
• Time of sale for houses with 1-4 dwelling units and buildings > 25,000 sq. ft.

Policy Details

Policy Name: Building Energy Savings Ordinance

Buildings Included

Types of Real Estate and Sizes (Sq. Ft.):

• Commercial and Industrial: 20,000 sq. ft. and larger
• Multifamily: 20,000 sq. ft. and larger and 5+ units

Compliance Pathways:

• Performance Pathway
• Prescriptive Pahtway

Policy Schedule

Compliance Timeline:

• 2026: Energy Audit every 5 years
• 2026: Retro-commissioning every 5 years
• 2031: Minimum improvements every 10 years

Policy Details

Policy Name: Existing Buildings Energy and Water Efficiency (EBEWE) Program (Ordinance No. 184674)

Year Enacted: 2017

Buildings Included

Types of Real Estate and Sizes (Sq. Ft.): Commercial & Multifamily > 20,000 sq. ft. Public/Government > 15,000

Requirements

Energy Audit (ASHRAE LEVEL 1, 2, 3): ASHRAE Level II

Water Audit: Required

Retrocommissioning: Required

Enforcement: $202, with fee level accruing interest with continued non-compliance

Performance Exemptions

Description:

• ENERGY STAR Certification for the year of the building’s compliance due date, or for two of the three years preceding the due date
• CA-licensed engineer or architect certifies that the energy performance is at least 25% better than the media energy performance of similar buildings, compared to CBECS
• CA-licensed engineer or architect certifies that the building has reduced its weather normalized source EUI by 15% compared to five years prior
• The building is new and has been occupied for less than five years from its first due date

Policy Schedule

Upcoming Compliance Date(s) + Applicable Buildings:

Upcoming compliance dates are linked to last digit of Buildings IDs

• December 1, 2023: LADBS ID “4” or “5”
• December 1, 2024: LADBS ID “6” or “7”
• December 1, 2025: LADBS ID “8” or “9”

Length of Compliance Cycle (Years): 5 years

Policy Details

Policy Name: Existing Buildings Energy Ordinance

Year Enacted: 2011

Buildings Included

Types of Real Estate and Sizes (Sq. Ft.):

• Commercial > 10,000 sq. ft.
• Public/Government > 10,000 sq. ft.

Requirements

Energy Audit (ASHRAE LEVEL 1, 2, 3):

• ASHRAE Level I for buildings 10,000-49,999 sq. ft
• ASHRAE Level II for buildings > 50,000 sq. ft.

Retrocommissioning: Large facilities, buildings with complex systems, and buildings seeking LEED or ENERGY STAR certification are encouraged to undergo retrocommissioning. An RCx fulfills the audit requirement for these buildings

Enforcement:

• For buildings > 50,000 sq. ft., upt to $100 per day for a maximum of 25 days in one twelve-month period
• For buildings of 49,999 sq. ft. or less, up to $50 per day for a maximum of 25 days in one twelve-month period

Performance Exemptions

Description: The building has received the ENERGY STAR certification in three of the past five years, or LEED for Existing Buildings certification in the past five years

Policy Schedule

Upcoming Compliance Date(s) + Applicable Buildings:

• April 1, 2026: Non-residential buildings > 50,000 sq. ft.
• April 1, 2027: Non-residential buildings 25,000 to 49,999 sq. ft.
• April 1, 2028: Non-residential buildings 10,000 to 24,999 sq. ft.

Length of Compliance Cycle (Years): 5 years

Policy Details

Policy Name: Energy and Water Building Performance Ordinance (EWBPO)

Year Enacted: 2018

Buildings Included

Types of Real Estate and Sizes (Sq. Ft.):

• Commercial & Multifamily > 20,000 sq. ft. and do not meet performance target
• Public/Government Owned > 15,000 sq. ft. and do not meet performance target

Requirements

Energy Audit (ASHRAE LEVEL 1, 2, 3): Owners must complete either an audit (energy and water), retrocommissioning, or efficiency improvement measures for buildings that don’t meet the energy and water exemption criteria

Water Audit: Owners must complete either an audit (energy and water), retrocommissioning, or efficiency improvement measures for buildings that don’t meet the energy and water exemption criteria

Retrocommissioning: Owners must complete either an audit (energy and water), retrocommissioning, or efficiency improvement measures for buildings that don’t meet the energy and water exemption criteria

Enforcement:

• Buildings under 50,000 sq. ft. may be fined $25 for each day of non-compliance, up to $2,500 per calendar year
• Buildings > 50,000 sq. ft. may be fined $50 for each day of noncompliance, up to $5,000 per calendar year

Performance Exemptions

Description:

• LEED O&M V4
• ENERGY STAR score of 75 or greater
• ENERGY STAR score improvement of 15 points of more relative to its performance in the baseline year
• Weather normalized EUI that is 25% below calculated mean for that property type (local)
• Reduced weather normalized EUI by at least 15% relative to its performance in the baseline year
• In addition to the above energy standards, a property must also meet one of four listed water standards to not be required to take one of the the three improvement pathway options

Policy Schedule

Upcoming Compliance Date(s) + Applicable Buildings:

• APN = Assessor’s Parcel Number
• For properties > 50,000 sq. ft.
  • May 1, 2024: APNs ending in “2” and “3”
  • May 1, 2025: APNs ending in “4” and “5”
  • May 1, 2026: APNs ending in “6” and “7”
  • May 1, 2027: APNs ending in “8” and “9”
• For properties 20,000 to 49,999 sq. ft.
  • May 1, 2024: APNs ending in “0” and “1”
  • May 1, 2025: APNs ending in “2” and “3”
  • May 1, 2026: APNs ending in “4” and “5”
  • May 1, 2027: APNs ending in “6” and “7”
  • May 1, 2028: APNs ending in “8” and “9”

Length of Compliance Cycle (Years): 5 years

Policy Details

Policy Name: Building Performance Colorado (BPC)

Buildings Included

• Commercial: 50,000 sq ft and larger
• Multifamily: 50,000 sq ft and larger

Compliance Pathways:

• EUI target achievement
• Emissions target achievement
• Standard percentage reduction from EUI baseline
• Standard percentage reduction from GHG emissions baseline

Compliance Timeline:

• 2030: First Interim Target
• 2040: Second Interim Target
• 2050: Final Target, net zero emissions

Penalty:

• $2,000 for the first month of noncompliance
• $5,000 each month thereafter

Policy Details

Policy Name: Boulder Building Performance Ordinance No. 8071

Year Enacted: 2015

Buildings Included

Types of Real Estate and Sizes (Sq. Ft.): Commercial & Multifamily > 20,000 sq. ft. if built on or before 2014 Public/Government > 10,000 sq. ft.

Requirements

Energy Audit (ASHRAE LEVEL 1, 2, 3):

• ASHRAE Level I for buildings < 50,000 sq. ft.
• ASHRAE Level II for buildings > 50,000 sq. ft.

Retuning: Option for buildings < 50,000 sq. ft. to participate in Xcel Energy Building Tune-Up Program or meet the RCx scope outlined by the City Manger

Retrocommissioning: Owners must implement measures with paybacks of two years or less

Enforcement: $0.0025 per sq. ft. per day, not to exceed $1,000 per day

Performance Exemptions

Description:

• ENERGY STAR-certified buildings LEED
• O&M certification. Demonstrated pattern of significant and consistent efficiency or emissions improvements
• Equivalent assessment conducted within 10 years and implemented the recommended energy conservation measures

Policy Schedule

Upcoming Compliance Date(s) + Applicable Buildings:

• Retro-commissioning deadlines:
  • June 1, 2025: Existing buildings > 20,000 and 30,000 sq. ft.
• RCx Measure Implementation deadlines:
  • May 1, 2024: City buildings > 10,000 sq. ft.
  • June 1, 2024: Existing buildings > 50,000 sq. ft. and new buildings (building permit issues after Jan 31, 2024) > 10,000 sq. ft.
  • Dec 31, 2025: Existing buildings > 30,000 and < 50,000 sq .ft.
• Lighting Upgrade Deadlines:
  • June 1, 2025: Existing buildings > 20,000 and < 30,000 sq. ft.

Length of Compliance Cycle (Years): 10 years

Policy Details

Policy Name: Energize Denver

Buildings Included

• Commercial: 5,000 sq ft and larger
• Multifamily: 5,000 sq ft and larger
• Industrial: 5,000 sq ft and larger

Compliance Pathways:

• 25,000 sq ft and larger buildings
  • Performance Pathway
• 5,000 – 24,999 sq ft building
  • Improve lighting
  • Improve energy score
  • Achieve 15% energy reduction

Compliance Timeline:

• 25,000 sq ft and larger buildings
  • 2028: First Interim Target
  • 2032: Final Target
• 5,000 – 24,999 sq ft and larger buildings
  • 12/31/2025: 15,000 – 24,999
  • 12/31/2026: 10,000 – 15,000
  • 12/31/2027: 5,000 – 10,000

Penalty:

• $0.3 X kbtuh/sqft target X total building sq ft

Policy Details

Policy Name: DC Building Energy Performance Standard (BEPS)

Buildings Included

• Commercial: 10,000 sq ft and larger
• Multifamily: 10,000 sq ft and larger

Compliance Pathways:

• Performance Pathway
• Standard Target Energy Star Score
• Prescriptive Pathway
• Alternative Compliance

Compliance Timeline:

• 2026:
  • Municipal: 10,000 sq ft and larger
  • Private: 50,000 sq ft and larger
• 2027:
  • Private 25,000 – 49,999 sq ft
• 2028:
  • Private 10,000 – 24,999 sq ft

Penalty:

• $10 per sq ft up to $7,500,000

Policy Details

Policy Name: Building Energy & Water Efficiency Strategy

Year Enacted: 2016

Buildings Included

Types of Real Estate and Sizes (Sq. Ft.):

• Commercial & Multifamily > 50,000 sq. ft. and ENERGY STAR Score below 50
• Public/Government > 10,000 sq. ft. and ENERGY STAR Score below 50

Requirements

Energy Audit (ASHRAE LEVEL 1, 2, 3): Either energy audit or retrocommissioning

Retrocommissioning: Either energy audit or retrocommissioning

Enforcement: Properties that fail to comply will be notified by the city and publicly listed as non-compliant

Performance Exemptions

Description:

• Buildings with an ENERGY STAR Score over 50

Policy Schedule

Upcoming Compliance Date(s) + Applicable Buildings:

• May 1, 2025 all eligible properties

Length of Compliance Cycle (Years): 5 years

Policy Details

Policy Name: Commercial Building Energy Efficiency Ordinance (CBEEO)

Year Enacted: 2015

Buildings Included

Types of Real Estate and Sizes (Sq. Ft.):

• Commercial > 50,000
• Public/Government Owned > 25,000
• Multifamily > 25,000

Requirements

Energy Audit (ASHRAE LEVEL 1, 2, 3): Audit must be comparable to an ASHRAE Level II audit

Water Audit: Required

Retrocommissioning: Currently optional

Enforcement:

1. A written warning issued by the city for the first violation
2. If the summary audit report information is not reported within 90 days of the date, the written warning is issued then $1,000 fine, annual fine of $1,000 for every year of non-compliance

Performance Exemptions

Description:

• Property received ENERGY STAR certification for at least two of the three years prior to the report due date
• The property’s ENERGY STAR score or weather-normalized site EUI has improved by 15% or more within five years of the report due date
• Building achieved LEED Existing Buildings: O&M for at least two of the three years prior to the due date

Policy Schedule

Upcoming Compliance Date(s) + Applicable Buildings:

• Upcoming compliance dates correspond with the last digit of building IDs:
  • e.g. December 31, 2026 for Building IDs ending in “6”

Length of Compliance Cycle (Years): 10 years

Policy Details

Policy Name: Healthy Buildings Ordinance (HBO)

*While the final interim reductions are still being determined. Preliminary requirements are as follows:

Buildings Included:

• Commercial: 20,000 sq ft and larger
• Multifamily: 20,000 sq ft and larger
• Condominiums: 50,000 sq ft and larger

Alignment with the Climate Action and Resiliency Plan:

• 35% reduction in energy consumption by 2035 from a 2005 baseline
• 50% reduction in energy consumption by 2050 from a 2005 baseline
• Net zero carbon emissions by 2050

Compliance Timeline:

• First interim goal 06/30/2031 based on 2030 data and every 60 months thereafter

Penalty:

• $250 per month

Policy Details

Policy Name: Maryland Building Energy Performance Standard (BEPS)

Buildings Included:

• Commercial: 35,000 sq ft and larger
• Multifamily: 35,000 sq ft and larger
• Condominiums: 35,000 sq ft and larger

Compliance Pathways:

• Must meet both:
  • Emissions taget in kgco2e/sqft for your building type
  • Energy target in kbtu/sqft for your building type

Compliance Timeline:

• 2028: Interim Target 1
• 2030: Interim Target 2
• 2050: Final Target

Penalty:

• $230/metric ton of CO2e exceeded from target

Policy Details

Policy Name: Montgomery County Building Energy Performance Standards (BEPS)

Buildings Included:

• Commercial: 25,000 sq ft and larger
• Multifamily: 25,000 sq ft and larger
• Condominiums: 25,000 sq ft and larger

Compliance Pathways:

• Energy target in kbtu/sqft for your building type

Compliance Timeline:

• 2028 and 2033: Commercial 50,000 sq ft and larger
• 2030 and 2035: Commercial 25,000 – 49,999 sq ft
• 2030 and 2035: Multifamily 250,000 sq ft and larger
• 2031 and 2036: Multifamily 25,000 – 249,999 sq ft

Penalty:

• Initial failure to comply: $500
• Each failure thereafter: $750 daily

Policy Details

Policy Name: Building Emission Reduction and Disclosure Ordinance (BERDO 2.0)

Buildings Included:

• Commercial: 20,000 sq ft and larger
• Multifamily: 20,000 sq ft and larger and 15 units
• Condominiums: 20,000 sq ft and larger

Compliance Pathways:

• Emission requirements
  • Meet max emissions for your building type
• Individual compliance pathway
• Additional Options
  • Municipal aggregation
  • Renewable energy credits
  • Power purchase agreement
  • Pay $234/metric ton of CO2e exceeded from target

Compliance Timeline:

• 2025: 35,000 sq ft and larger
• 2030: 20,000 – 35,000 sq ft buildings

Penalty:

• $234/metric ton of CO2e exceeded from target

Policy Details

Policy Name: Building Energy Use Disclosure Ordinance (BEUDO)

Buildings Included:

• Commercial: 25,000 sq ft and larger
• Industrial: 25,000 sq ft and larger

Compliance Pathways:

• Emission requirements
  • Meet maximum emissions for your building type
• Additional Options
  • Carbon Credits
  • Alternative compliance credits
  • Deferral Plans

Compliance Timeline:

• 2026: TBD Interim goal
• 2030: TBD Interim goal
• 2035-2050: Net zero

Penalty:

• $234/metric ton of CO2e exceeded from target

Policy Details

Policy Name: Building Emission Reduction and Disclosure Ordinance (BERDO)

Buildings Included:

• Commercial: 20,000 sq ft and larger

Compliance Pathways:

• Must meet maximum emissions for building type
• Individual Compliance Schedule

Compliance Timeline:

• 2027: 100,000 sq ft and larger
• 2028: 50,000 – 99,999 sq ft
• 2030: 20,000 -49,999 sq ft
• 2050: 35,000 – 49,999 sq ft

Penalty:

• $234/metric ton of CO2e exceeded from target

Policy Details

Policy Name: Efficient Building Benchmarking Ordinance

Year Enacted: 2019

Buildings Included

Types of Real Estate and Sizes (Sq. Ft.):

• Commercial & Multifamily > 25,000 sq ft
• Public/Government > 25,000 sq ft

Requirements

Energy Audit (ASHRAE LEVEL 1, 2, 3): An energy-saving assessment as stringent or comparable to ASHRAE Level I

Enforcement: Removal of business license after failing to comply with written warning notice

Performance Exemptions

Description:

• Qualifying green building certification issues within the past 3 years, such as ENERGY STAR, LEED Silver, Minnesota B3
• Beginning in 2024, properties showing evidence of 20% weather-normalized energy use intensity reduction over five years, with an initial baseline year of 2019

Policy Schedule

Upcoming Compliance Date(s) + Applicable Buildings:

• June 1, 2024: buildings 25,000 to 49,999 sq. ft.

Length of Compliance Cycle (Years): 5 years

Policy Details

Policy Name: St. Louis Building Energy Performance Standard (BEPS)

Buildings Included:

Commercial: 50,000 sq ft and larger

Multifamily: 50,000 sq ft and larger

Compliance Pathways:

Performance Pathway:

• Meet building type EUI target
• Reduce EUI to halfway between baseline and building type target

Prescriptive Pathway:

• Energy audit, Improvement plan, and energy conservation measure deployment

Compliance Timeline:

2027: Affordable housing and house of worship.

2029: Commercial and Multifamily buildings

Policy Details

Policy Name: Energy and Water Efficiency Program, under ReEnergize Reno

Year Enacted: 2019

Buildings Included

Types of Real Estate and Sizes (Sq. Ft.):

• Commercial & Multifamily > 30,000 sq ft and does not meet performance target
• Public/Government > 10,000 sq ft and does not meet performance target

Requirements

Energy Audit (ASHRAE LEVEL 1, 2, 3): Retuning or an energy and water audit are pathways to fulfill performance targets of the law

Water Audit: Retuning or an energy and water audit are pathways to fulfill performance targets of the law

Retuning: Retuning or an energy and water audit are pathways to fulfill performance targets of the law

Enforcement: Penalty of up to $500

Performance Exemptions

Description:

• For energy and water audit:
  • LEED Existing buildings (2009 or later)
  • LEED O&M for existing building (Version 4 or 4.1)
  • Comparable rating system for existing buildings

Policy Schedule

Upcoming Compliance Date(s) + Applicable Buildings:

• 2026: City buildings
• 2028: Commercial, Multifamily, & Public/Government buildings
• 2029: Commercial, Multifamily, & Public/Government buildings
• 2032: Commercial, Multifamily, & Public/Government buildings

Length of Compliance Cycle (Years): 7 years

Policy Details

Policy Name: Local Law 87: Energy Audits and Retro-commissioning

Year Enacted: 2009

Buildings Included

Types of Real Estate and Sizes (Sq. Ft.):

• Commercial & Multifamily > 50,000 sq ft
• Public/Government > 50,000 sq ft

Requirements

Energy Audit (ASHRAE LEVEL 1, 2, 3): ASHRAE Level II

Retrocommissioning: Required

Enforcement: Penalties are $3,000 for the first year of non-submittal and $5,000 for each additional year; these are cumulative

Performance Exemptions

Description:

• Exceptions to audit:
  • ENERGY STAR label for at least two or three of the years preceding report filing
  • No ENERGY STAR available and a registered design professional verifies that the building’s energy performance is 25 points better than the average for its building type over a two-year period within three years prior to the report due date, per LEED for existing buildings or a similar system
  • Simple buildings with six out of seven energy efficient features certified by a professional
• Exceptions to audit and retrocommissioning:
  • LEED for existing building certification

Policy Schedule

Upcoming Compliance Date(s) + Applicable Buildings: Upcoming compliance dates correspond with tax block: e.g. Dec 31, 2023 for tax blocks ending in “3”

Length of Compliance Cycle (Years): 10 years — Early compliance is allowed, but only within four years prior to the compliance date

Policy Details

Policy Name: Energy Performance Standards (HB 3409)

Buildings Included:

• Commercial: Tier 1: 35,000 sq ft and larger
• Commercial Tier 2: 20,000 sq ft and larger
• Multifamily Tier 2: 35,000 sq ft and larger

Compliance Pathways:

• Tier 1:
  • Performance Pathway
    • Meet EUI Target
    • Implement Operations and Maintenance and Energy Management Plan
• Tier 2:
  • Report building activity and EUIt
  • Submit calculation of EUIt

Compliance Timeline:

• 2028: Tier 1 buildings 200,000 sq ft and larger and all Tier 2 buildings
• 2029: Tier 1 buildings 90,000 – 199,999 sq ft
• 2030: Tier 1 35,000 – 89,999 sq ft

Penalty:

• $5,000 + $1 per sq ft

Policy Details

Policy Name:Building Energy Performance Policy

Year Enacted: 2020

Buildings Included

Types of Real Estate and Sizes (Sq. Ft.):

• Commercial > 50,000 sq. ft.
• Public/Government > 50,000 sq. ft.

Requirements

Retuning: Every owner of a covered building shall conduct a tune-up of such building’s energy and water systems, consisting of an inspection component and a corrective action component

Enforcement: $2,000, with additional fines of $500 per day of non-compliance

Performance Exemptions

Description:

• An owner may only apply for an exemption if they have been compliant with the city’s benchmarking policy for the two consecutive years preceding its tune-up compliance date
• ENERGY STAR Certification
• LEED Gold or Platinum for O&M, or Net-Zero Energy Certification from ILFI, utility retrocomissioning certification from PECO, RCx on 75% of building’s square footage
• ENERGY STAR certification for three years showing 15% weather-normalized EUI, CPACE certification, energy audit with extensive documentation and plans for EE, other scenarios which may be considered by the Office of Sustainability (low EUI, etc.)

Policy Schedule

• Sept. 30, 2023 buildings > 70,000 < 100,000 sq. fi.
• Sept. 30, 2024 buildings > 50,000 < 70,000 sq. ft.

Length of Compliance Cycle (Years): 5 years

Policy Details

Policy Name: The Energy Conservation Audit and Disclosure (ECAD) Ordinance

Year Enacted: 2008

Buildings Included

Types of Real Estate and Sizes (Sq. Ft.):

• Multifamily > 5 units, buildings 10 years or older; homes 1-4 units, 10 years or older

Requirements

Energy Audit (ASHRAE Level 1, 2, and 3): After conducting audit, multifamily owners whose energy use exceeds 150% of the average must implement improvements to reduce energy by 20%

Retuning: Every owner of a covered building shall conduct a tune-up of such building’s energy and water systems, consisting of an inspection component and a corrective action component

Enforcement: Fine of up to $2000 if criminal negligence is proved

Performance Exemptions

Description:

• Building is less than 10 years of age
• Building participated in Austin Electric Utility program or Austin Energy Free Weatherization Program within 10 years of the sale and performed appropriate efficiency measures, or the purchaser has agreed to do so within six months after the time of sale

Policy Schedule

• Time of sale

Length of Compliance Cycle (Years): 10 years

Policy Details:

Policy Name: Commercial Building Benchmarking and Market Transparency Ordinance

Buildings Included:

Commercial: 25,000 sqft and larger and an Energy Star Score of 49 or less

Compliance Pathway:

Building retrocommissioning must be completed on low performing buildings every 5 years

Compliance Timeline:

2026: Commercial 25,000 sqft and larger and an Energy Star Score of 49 or less

Policy Details

Policy Name: Building Energy Performance Standard (BEPS)

Buildings Included:

• Commercial: 20,000 sq ft and larger
• Multifamily: 20,000 sq ft and larger
• Institutional: 20,000 sq ft and larger

Compliance Pathways:

• Emissions target in kgCO2e/sqft for your building type
• Meet percentage emission reduction from baseline
• Building is all electric

Compliance Timeline:

• 2030: 2220,000 sq ft and larger
• 2031: 90,000 – 219,999 sq ft
• 2032: 50,000 – 89,999 sq ft
• 2033: 30,000 – 49,999 sq ft
• 2034: 20,000 – 29,999 sq ft

Penalty:

• Up to $20,000 by building size