Building Performance Standards

Simplify building performance standards (BPS) compliance with Conservice

As climate-related risk & stakeholder demand for ESG increases, a growing number of cities, states, and provinces across North America are enacting Building Performance Standards (BPS). Unlike traditional benchmarking ordinances that require certain buildings to disclose energy and/or water consumption, BPS laws require buildings to meet measurable performance standards or improvements, typically reduced utility consumption or greenhouse gas (GHG) emissions.

This page provides a basic overview of active BPS laws and their implementation timelines, as well as a list of jurisdictions that have indicated their intent to implement BPS laws and are in the process of developing them. Looking for additional background info on BPS laws, what compliance looks like, potential penalties for noncompliance, & why they're being introduced? Check out the recording of webinar "BPS 101: Understanding & planning for emerging regulations"!

CA: Brisbane

Brisbane, CA Benchmarking

Name: Brisbane Building Efficiency Program (BBEP)

Property type(s) covered:

  • Commercial
  • Multifamily
  • Industrial

Compliance pathways:

  1. Performance pathway
  2. Prescriptive pathway

Implementation timeline:

Performance pathway

  • All properties: 2022, 2028, 2034

Prescriptive pathway

  • RCx, Improvement Report, etc.: 2027, 2033, 2039

CA: Chula Vista

Chula Vista, CA benchmarking

Name: Building Energy Saving Ordinance, Ordinance 3498

Property type(s) covered:

  • Non-Residential
  • Multifamily

Compliance pathways:

Performance pathway

  1. Energy (ENERGY STAR Score of 80 or above)

Prescriptive pathway

  1. Auditing and retro-commissioning every 5 years
  2. Minimum improvement every 10 years
  3. Multifamily properties older than 2006 must deploy conservation measures

Implementation timeline:

  • Varies based on Building ID
  • 5-year compliance cycles
  • 1st Performance Cycle: 2022 through 2027
  • 1st Prescriptive Cycle: 2023 through 2028

CA: San Jose

San Jose, CA Benchmarking

Name: Beyond Benchmarking

Property type(s) covered:

  • Commercial
  • Multifamily

Compliance pathways:

Performance pathway (energy & water)

  1. Energy (ENERGY STAR Score of 80 or above)
  2. Water, Non-residential (Improvement over baseline or median for building type)
  3. Water, Multifamily (ENERGY STAR Water Score of 80 or above)

Prescriptive pathway (only 1 required)

  1. ASHRAE Level 2 energy and/or water audit
  2. Retro-commission the controls
  3. Deploy energy and/or water conservation measures

Implementation timeline:

  • Performance Year is based on building Assessor Parcel Number (APN)
  • Compliance runs on 5 year cycles
  • First performance year is 2022
  • Last performance year is 2026

CO: Statewide

Colorado Statewide Benchmarking

Name: Building Performance Colorado

Property type(s) covered:

  • Commercial
  • Multifamily

Compliance pathways:

Building owners have 4 options for compliance:

  1. Energy efficiency (EUI - kbut/sf)
  2. Emissions (GHG - kgCO2e/sf)
  3. Standard percentage reduction from EUI (kbtu/sf) baseline
  4. Standard percentage reduction from GHG (kgCO2e/sf) baseline

Implementation timeline:

  • Performance Years: 2026 and 2030

CO: Denver

Denver, CO Benchmarking

Name: Energize Denver (High-Performance Existing Buildings Program)

Property type(s) covered:

  • Commercial
  • Multifamily
  • Industrial
  • Manufacturing

Compliance pathways:

Large Buildings (25,000+ sqft.)

Large Buildings comply by performance

Small Buildings (5,000 - 24,999 sqft.)

Small Buildings comply via 1 of 3 prescriptive options:

  1. LEDs
  2. Renewable energy
  3. Plan & deploy conservation measures

Implementation timeline:

Large Buildings (25,000+ sqft.)

  • Performance Years: 2025, 2027, & 2030

Small Buildings (5,000 - 24,999 sqft.)

  • 15,001 - 24,999 sqft.: 12/31/2025
  • 10,001 - 15,000 sqft.: 12/31/2026
  • 5,000 - 10,000 sqft.: 12/31/2027

DC: Washington, DC

Washington, DC Benchmarking

Name: DC Building Energy Performance Standards (BEPS)

Property type(s) covered:

  • Commercial
  • Multifamily

Compliance pathways:

Performance Path

Reduce baseline EUI by 20%

Standard Target Path (ENERGY STAR Score above 50)

Reach building type target

Prescriptive Path

Implement energy efficiency measures (package must achieve minimum of 25% site EUI savings)

Alternative Compliance Paths

Allows an owner to apply to follow a path with special criteria

Implementation timeline:

Performance Year 2026

  • Municipal buildings with 10,000+ sqft.
  • Private buildings with 50,000+ sqft.

Performance Year 2027

  • Private buildings with 25,000+ sqft.

Performance Year 2030

  • Private buildings with 10,000+ sqft.

MA: Boston

Boston, MA Benchmarking

Name: BERDO 2.0

Property type(s) covered:

  • Commercial
  • Multifamily

Compliance pathways:

Emissions Requirements

Meet maximum emissions according to building type and size using the appropriate emissions targets indicated by the policy

Individual Compliance Schedules

Buildings can apply to participate in an alternate compliance schedule that:

  1. Sets progressively more stringent emissions reduction requirements every 5 years
  2. Reduces emissions by 50% by 2030, and
  3. Reduces emissions by 100% by 2050

Additional Compliance Mechanisms

Municipal aggregation, renewable energy credits and power purchase agreements

Alternative Compliance Payments

Buildings can elect to make payments of $234/metric ton exceeded from the target as a compliance method

Implementation timeline:

  • 2025: Properties with 35,000+ sqft.
  • 2030: Properties with 20,000+ sqft.

MA: Cambridge

Cambridge, MA Benchmarking

Name: Building Energy Use Disclosure Ordinance (BEUDO)

Property type(s) covered:

  • Commercial

Compliance pathways:

Comply by Performance (Emissions Target)

Targets are based on building's baseline

Implementation timeline:

Compliance Period 1 (2026 - 2029)

  • Properties with 100,000+ sqft.: Emissions will not exceed 80% of baseline
  • Properties with 25,000+ sqft.: Emissions will not exceed 100% of baseline

MD: Statewide

Maryland, Statewide Benchmarking

Name: Maryland's Building Energy Performance Standards (BEPS)

Property type(s) covered:

  • All properties with 35,000+ sqft.

Implementation timeline:

  • Owners of covered buildings will need to report data to Maryland Department of the Environment (MDE) each year beginning in 2025
  • Historic properties, public and nonpublic elementary and secondary schools, manufacturing buildings, and agricultural buildings are exempt

MD: Montgomery County

Montgomery County, MD Benchmarking

Name: Building Energy Performance Standards (BEPS)

Property type(s) covered:

  • Commercial
  • Multifamily

Compliance pathways:

If a building cannot reasonably meet the Interim or Final Performance Standards due to economic infeasibility or other circumstances beyond the owner’s control, the County can accept a Building Performance Improvement Plan. The owner must meet the actions and timelines in an approved Building Performance Improvement Plan to be considered "in compliance". Plans are reviewed by an Advisory Board with technical expertise.

Implementation timeline:

  • 2028: Commercial properties with 50,000+ sqft.
  • 2030: Commercial properties with 25,000+ sqft.; Multifamily properties with 250,000+ sqft.
  • 2031: Multifamily properties with 25,000+ sqft.

MO: St. Louis

St. Louis, MO Benchmarking

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

Property type(s) covered:

  • Commercial
  • Multifamily
  • Affordable Housing

Compliance pathways:

Performance pathway

  1. Meet target for building type
  2. Reduce EUI to halfway between baseline & building type target

Prescriptive pathway

Energy audit, improvement plan, & ECM deployment

Implementation timeline:

Commercial & Residential

  • Performance Year: 2024

Affordable Housing & Houses of Worship

  • Performance Year: 2026

NY: New York City

New York, NY Benchmarking

Name: Sustainable Buildings NYC (Local Law 97)

Property type(s) covered:

  • Commercial
  • Industrial
  • Multifamily

Compliance pathways:

Performance Compliance

Building emissions must meet target for occupancy type

Deductions in annual reported emissions are allowed to be taken for:

  1. Renewable energy credits (with restrictions, up to 100% deduction)
  2. Purchased greenhouse gas offsets (with restrictions, up to 10% deduction)
  3. Clean distributed energy resources located at or directly connected to the building

Prescriptive Compliance

Affordable Housing complies via deployment of energy conservation measures

Implementation timeline:

  • Performance Years: 2024 through 2050
  • Target decreases: 2030, 2035, 2040, 2050
  • Time extension for Affordable Housing

OR: Statewide

Oregon, Statewide

Name: Energy Performance Standards (HB 3409)

Property type(s) covered:

  • Commercial
  • Multifamily

Compliance pathways:

Performance pathway

Meet EUI target for building type

Prescriptive pathway

Energy audit, Energy Management Plan, ECM deployment, & Operations and Maintenance Program

Implementation timeline:

Tier 1

  • Performance Year 2027: 200,000+ sqft.
  • Performance Year 2028: 90,000+ sqft.
  • Performance Year 2029: 35,000+ sqft.

WA: Statewide

Washington Statewide Benchmarking

Name: Clean Buildings Performance Standard

Property type(s) covered:

  • Commercial
  • Multifamily

Compliance pathways:

  1. Meet EUI Target
  2. Conditional compliance if buildings complete Level 2 energy audit and implement the EEMs specified in the standard

Implementation timeline:

Tier 1

  • Performance Year 2025: Buildings with 220,000+ sqft.
  • Performance Year 2026: Buildings with 90,000+ sqft.
  • Performance Year 2027: Buildings with 50,000+ sqft.

Tier 2

  • Performance Year TBD

WA: Seattle

Seattle, WA Benchmarking

Name: Building Energy Performance Standards (BEPS)

Property type(s) covered:

  • All properties with 20,000+ sqft.

Compliance pathways:

Three compliance options

  1. Meet emissions target (GHG - kgCO2e/SF) for building type
  2. Meet percentage emissions reduction from baseline
  3. Building is all-electric

Implementation timeline:

  • Performance Year 2030: Buildings with 220,000+ sqft.
  • Performance Year 2031: Buildings with 90,000+ sqft.
  • Performance Year 2032: Buildings with 50,000+ sqft.
  • Performance Year 2033: Buildings with 30,000+ sqft.
  • Performance Year 2034: Buildings with 20,000+ sqft.

Canada: Vancouver

Vancouver, Canada Benchmarking

Name: Annual Greenhouse Gas & Energy Limits By-Law

Property type(s) covered:

  • Commercial

Compliance pathways:

Meet emissions target (GHG - kgCO2e/SF)

Implementation timeline:

  • Performance Years: 2026 and 2040

NV: Reno (voluntary)

Reno, NV Benchmarking

Name: ReEnergize Reno

Property type(s) covered:

  • Commercial
  • Industrial
  • Multifamily

Compliance pathways:

Reduce energy and water use 20% by 2025

Implementation timeline:

  • April 1st, 2026

CA: Statewide (in development)

CA: Santa Monica (in development)

CO: Aspen (in development)

CO: Fort Collins (in development)

IL: Statewide (in development)

IL: Evanston (in development)

MI: Grand Rapids (in development)

OR: Portland (in development)

CA: Berkeley (in pre-development)

CA: Los Angeles (in pre-development)

CA: Sacramento (in pre-development)

CA: San Diego (in pre-development)

CA: San Francisco (in pre-development)

CO: Boulder (in pre-development)

FL: Orlando (in pre-development)

GA: Atlanta (in pre-development)

GA: Savannah (in pre-development)

IL: Chicago (in pre-development)

MD: Annapolis (in pre-development)

MI: Ann Arbor (in pre-development)

MO: Kansas City (in pre-development)

NY: Ithaca (in pre-development)

OH: Columbus (in pre-development)

PA: Philadelphia (in pre-development)

PA: Pittsburgh (in pre-development)

WI: Milwaukee (in pre-development)

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Please note: BPS laws are a relatively new development; as such, the status and number of laws is continuously changing. The information on this page is accurate to the best of our knowledge. This page was last modified on 12/20/2024 and will be updated regularly to reflect evolving and emerging regulations.