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
Name: Brisbane Building Efficiency Program (BBEP)
Property type(s) covered:
- Commercial
- Multifamily
- Industrial
Compliance pathways:
- Performance pathway
- Prescriptive pathway
Implementation timeline:
Performance pathway
- All properties: 2022, 2028, 2034
Prescriptive pathway
- RCx, Improvement Report, etc.: 2027, 2033, 2039
Relevant links:
CA: Chula Vista
Name: Building Energy Saving Ordinance, Ordinance 3498
Property type(s) covered:
- Non-Residential
- Multifamily
Compliance pathways:
Performance pathway
- Energy (ENERGY STAR Score of 80 or above)
Prescriptive pathway
- Auditing and retro-commissioning every 5 years
- Minimum improvement every 10 years
- 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
Relevant links:
CA: San Jose
Name: Beyond Benchmarking
Property type(s) covered:
- Commercial
- Multifamily
Compliance pathways:
Performance pathway (energy & water)
- Energy (ENERGY STAR Score of 80 or above)
- Water, Non-residential (Improvement over baseline or median for building type)
- Water, Multifamily (ENERGY STAR Water Score of 80 or above)
Prescriptive pathway (only 1 required)
- ASHRAE Level 2 energy and/or water audit
- Retro-commission the controls
- 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
Relevant links:
CO: Statewide
Name: Building Performance Colorado
Property type(s) covered:
- Commercial
- Multifamily
Compliance pathways:
Building owners have 4 options for compliance:
- Energy efficiency (EUI - kbut/sf)
- Emissions (GHG - kgCO2e/sf)
- Standard percentage reduction from EUI (kbtu/sf) baseline
- Standard percentage reduction from GHG (kgCO2e/sf) baseline
Implementation timeline:
- Performance Years: 2026 and 2030
Relevant links:
CO: Denver
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:
- LEDs
- Renewable energy
- 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
Relevant links:
DC: Washington, DC
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.
Relevant links:
MA: Boston
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:
- Sets progressively more stringent emissions reduction requirements every 5 years
- Reduces emissions by 50% by 2030, and
- 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.
Relevant links:
MA: Cambridge
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
Relevant links:
MD: Statewide
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
Relevant links:
MD: Montgomery County
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.
Relevant links:
MO: St. Louis
Name: St. Louis Building Energy Performance Standard (BEPS)
Property type(s) covered:
- Commercial
- Multifamily
- Affordable Housing
Compliance pathways:
Performance pathway
- Meet target for building type
- 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
Relevant links:
NY: New York City
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:
- Renewable energy credits (with restrictions, up to 100% deduction)
- Purchased greenhouse gas offsets (with restrictions, up to 10% deduction)
- 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
Relevant links:
OR: 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.
Relevant links:
WA: Statewide
Name: Clean Buildings Performance Standard
Property type(s) covered:
- Commercial
- Multifamily
Compliance pathways:
- Meet EUI Target
- 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
Relevant links:
WA: Seattle
Name: Building Energy Performance Standards (BEPS)
Property type(s) covered:
- All properties with 20,000+ sqft.
Compliance pathways:
Three compliance options
- Meet emissions target (GHG - kgCO2e/SF) for building type
- Meet percentage emissions reduction from baseline
- 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.
Relevant links:
Canada: Vancouver
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
Relevant links:
NV: Reno (voluntary)
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
Relevant links:
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.