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"!

Boston, MA

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.

Brisbane, CA

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:

  • June 15, 2023: Commercial properties with 10,000+ sqft.
  • May 15, 2024: Multifamily & industrial properties with 10,000+ sqft.
  • May 15, 2028: All properties with 10,000+ sqft.
  • May 15, 2034: All properties with 10,000+ sqft.

Cambridge, MA

Cambridge, MA Benchmarking

Name: Building Energy Use Disclosure Ordinance (BEUDO)

Property type(s) covered:

  • Commercial

Compliance pathways:

Verified Carbon Credits

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

Chula Vista, CA

Chula Vista, CA benchmarking

Name: Building Energy Saving Ordinance, Ordinance 3498

Property type(s) covered:

  • Commercial
  • Multifamily

Compliance pathways:

Covered buildings must comply with all requirements applicable to them:

  1. Reporting, meeting conservation requirement every 5 years
  2. Minimum improvement requirement every 10 years
  3. Auditing and retro-commissioning, and prescriptive upgrades as needed

Alternative pathway:

  1. Retrofit requirements

Implementation timeline:

  • May 20, 2023: Buildings with 50,000+ sqft.
  • March 20, 2026: Buildings between 20,000 - 50,000 sqft.

Colorado, Statewide

Colorado Statewide Benchmarking

Property type(s) covered:

  • Commercial
  • Multifamily

Compliance pathways:

Building owners have 3 options for compliance:

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

Implementation timeline:

  • All buildings 50,000+ sqft.: 2026 and 2030 with annual reporting frequency

Denver, CO

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

Maryland, 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

Montgomery County, MD

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.

New York, NY

New York, NY Benchmarking

Name: Local Law 97

Property type(s) covered:

  • Commercial
  • Industrial
  • Multifamily

Compliance pathways:

Meeting Emission Limits

Building emissions must be less than limits indicated for the building's occupancy group

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

Implementation timeline:

  • 2024: Buildings with 25,000+ sqft.
  • Additional Performance Targets in 2030, 2035, 2040, and 2050

Oregon, Statewide

Oregon, Statewide

Name: House Bill 3409

Property type(s) covered:

  • Commercial

Compliance pathways:

To be set through rulemaking based on median EUIs for each climate zone and building type listed in the ASHRAE 100 standard

The state is required to set Tier 2 performance standards by 2030 (Multifamily)

Implementation timeline:

  • June 1, 2028: Tier 1 properties with 200,000+ sqft.
  • June 1, 2029: Tier 1 properties with 90,000+ sqft.
  • June 1, 2030: Tier 1 properties with 35,000+ sqft.

San Jose, CA

San Jose, CA Benchmarking

Name: Beyond Benchmarking

Property type(s) covered:

  • Commercial
  • Multifamily

Compliance pathways:

Performance Pathway

Improvement Pathway

Implementation timeline:

Last digit of APN: 0 or 1

  • May 1, 2024: Buildings between 20,000 and 49,999 sqft.

Last digit of APN: 2 or 3

  • May 1, 2024: Buildings with 50,000+ sqft.

Seattle, WA

Seattle, WA Benchmarking

Name: Building Energy Performance Standards

Property type(s) covered:

  • Commercial
  • Multifamily

Compliance pathways:

Meet target

Alternative compliance pathways under development

Implementation timeline:

  • October 1, 2031: Buildings with 220,000+ sqft.
  • October 1, 2032: Buildings with 90,000+ sqft.
  • October 1, 2033: Buildings with 50,000+ sqft.
  • October 1, 2034: Buildings with 30,000+ sqft.
  • October 1, 2035: Buildings with 20,000+ sqft.

St. Louis, MO

St. Louis, MO Benchmarking

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

Property type(s) covered:

  • Commercial
  • Multifamily
  • Affordable Housing

Compliance pathways:

  1. Meet target by the end of the 4-year compliance cycle
  2. Meet target and lower EUI by 20% to achieve compliance for two cycles, by 50% to achieve compliance for 3 cycles
  3. Lower EUI to below halfway between 2018 baseline and target, with additional documentation
  4. Due to unusual circumstances: plan approved by the Board and implementation begin before May 2024

Implementation timeline:

Commercial & Residential

  • 2025: Buildings with 50,000+ sqft.

Affordable Housing & Houses of Worship

  • 2027: Buildings with 50,000+ sqft.

Vancouver, Canada

Vancouver, Canada Benchmarking

Name: Annual Greenhouse Gas & Energy Limits By-Law

Property type(s) covered:

  • Commercial

Compliance pathways:

Meet performance targets listed in main site, or follow alternative compliance listed here

Implementation timeline:

Commercial Office & Retail

  • June 1, 2027: Buildings with 100,000+ sqft.

Washington, DC

Washington, DC Benchmarking

Name: DC Building Energy Performance Standards (BEPS)

Property type(s) covered:

  • Commercial
  • Multifamily

Compliance pathways:

Performance Path

Reduce "normalized site EUI" 20%

Prescriptive Path

Applies to buildings with Site EUI less than 20% away from standard. Implement cost-effective energy efficiency measures as determined by certified energy professional (package must achieve minimum of 25% site EUI savings)

Standard Target Path

For property types with standards more efficient than the national median, reach the standard

Alternative Compliance Paths

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

Implementation timeline:

  • 2025: Municipal buildings with 10,000+ sqft.
  • 2025: Buildings with 50,000+ sqft.
  • 2027: Buildings with 25,000+ sqft.
  • 2030: Buildings with 10,000+ sqft.

Washington, Statewide

Washington Statewide Benchmarking

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: Buildings with 50,000+ sqft. (excludes multifamily)

  • June 1, 2026: Buildings with 220,000+ sqft.
  • June 1, 2027: Buildings with 90,000+ sqft.
  • June 1, 2028: Buildings with 50,000+ sqft.

Tier 2: Buildings with 20,000 - 50,000 sqft. (includes multifamily)

  • June 1, 2027: Buildings with 20,000+ sqft.

Reno, NV (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

Aspen, CO (in development)

California, Statewide (in development)

Evanston, IL (in development)

Fort Collins, CO (in development)

Grand Rapids, MI (in development)

Illinois, Statewide (in development)

Portland, OR (in development)

Santa Monica, CA (in development)

Ann Arbor, MI (in pre-development)

Annapolis, MD (in pre-development)

Atlanta, GA (in pre-development)

Berkeley, CA (in pre-development)

Boulder, CO (in pre-development)

Chicago, IL (in pre-development)

Columbus, OH (in pre-development)

Ithaca, NY (in pre-development)

Kansas City, MO (in pre-development)

Los Angeles, CA (in pre-development)

Milwaukee, WI (in pre-development)

Orlando, FL (in pre-development)

Philadelphia, PA (in pre-development)

Pittsburgh, PA (in pre-development)

Sacramento, CA (in pre-development)

San Diego, CA (in pre-development)

San Francisco, CA (in pre-development)

Savannah, GA (in pre-development)

Want to learn more?

Complete this form and a member of our team will reach out to discuss how we can support your BPS compliance efforts!

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 12/9/2024 and will be updated regularly to reflect evolving and emerging regulations.