Attachment B — Transportation and Environment Committee (t&e), June 8, 2026

Comparison of U.S. Commercial Building Energy
Benchmarking and Transparency Policies
January 2026
Government Policy Information Policy Schedule Additional Elements Status Updates State/City/County Year
Enacted # of Bldgs Sq. Ft. Covered BldgsList Available
Types of Real Estate
and Sizes (Sq. Ft.) Reporting to Gov’t Transparency Water Tracking Enforcement Benchmarking DataAvailable CA 2015 495,00 4B No
Comm ≥ 50,000, MF ≥
50,000 and 17 or more residential utility accountsJune 1, Annual After June 1, Annual TRUE The Commission has the authority to institute civil
fines of up to $2,000 for non-compliance, after
allowing a 30-day period to correct a violation.

See here
CO 2021 8,800 1.2B Yes Comm, MF, & Public/Gov’t ≥
50,000
June 1, 2025. November 1 annually,
starting in 2026
with 2025 benchmarking year data.

Annual, Date TBD
Time of sale or lease FALSE
A building owner who fails to submit a benchmarking report, waiver request, or the corresponding fee ($100/building by June 1), will be considered
non-compliant and subject to civil penalties of $500
for the first violation and $2,000 for each subsequent
violation.
-
MA 2024 34,300 2.8B No Comm, MF, & Public/Gov’t ≥
20,000 June 30, Annual October 31, Annual TRUE
If a distribution company or municipal utility fails to provide energy usage data for one or more covered
buildings within 90 days of the issuance of a written
notification, the Department may issue a fine of up to
$150 per covered building per day of non compliance.
-
MD 2022 13,400 1.1B Yes Comm, MF, & Public/Gov’t ≥
35,000 June 1, Annual Time of sale FALSE N/A -
MN 2023 7,400 1B No Comm, MF, & Public/Gov’t ≥
50,000 June 1 Annual December 1, Annual FALSE $1,000 ; may adjust with inflation. - NJ 2018 13,000 1.3B Yes Comm & MF ≥ 25,000 July 1, Annual N/A TRUE Compliance with benchmarking considered prerequisite for participation in any of the NJ Board of Public Utility programs, as well as utility energy efficiency
programs.
-
OR 2023 - - No Comm ≥ 20,000
MF & Public/Gov’t ≥ 35,00
"Tier 1 Buildings -
June 1, Annual
Tier 2 Buildings -
July 1, 2028 and
each year after"
- FALSE $5,000 plus continuing violation which may not exceed a daily amount of $1/yr/sf ft. - WA 2009 28,000 2.7B No MF & Comm ≥ 20,000
Public/Gov’t ≥ 10,00 June 1, Annual July 1, Annual FALSE The building owner will be assessed the maximum
penalty of $5000 plus a daily amount equal to $1.00
per square foot of gross floor area per year not to exceed a value greater than eighteen months of accrued penalty.
-
Government Policy Information Policy Schedule Additional Elements Status Updates State/City/County Year
Enacted # of Bldgs Sq. Ft. Covered BldgsList Available
Types of Real Estate
and Sizes (Sq. Ft.) Reporting to Gov’t Transparency Water Tracking Enforcement Benchmarking DataAvailable City of Ann Arbor
(MI) 2021 600 46M Yes MF & Comm ≥ 20,000
Public/Gov’t ≥ 10,00 June 1, Annual December 1, Annual TRUE Failure to report or carries a maximum fine of $500
for the first offense, and a maximum fine of $1000 for
each additional offense, plus the costs of prosecution.

Knowingly reporting false information carries a maximum fine of $500.

See here
City of Aspen
(CO) 2022 400 5.66M Yes
All Public/Gov’t
Comm ≥ 5,000
MF ≥ 15,000
June 1, Annual January 30, Annual TRUE $100 first offence, $200 second, court appearance and court set fines thereafter. See here
City of Atlanta
(GA) 2015 2,400 350M Yes Comm & MF ≥ 25,000Public/Gov’t ≥ 10,000 June 1, Annual September 1, Annual TRUE Failure to report will be noticed with a written warning (first violation); if not reported in the ensuing 30 days, a fine of $1000 is imposed. Each year of non-compliance is considered a separate violation.

See here
City of Austin
(TX) 2008 4,500 454M No Comm & MF ≥ 10,000All single family June 1, Annual Time of transaction FALSE Non-compliance carries a fine up to $500. Acting with criminal negligence carries a fine up to $2,000. See here City of Bedford
(NY) 2024 - - No All buildings with ≥ 2 residential units The initial benchmarking shall
occur not later
than the required
completion date
as set by the Town
of Bedford after
registration of the
Residential Rental Property, or 3
years after this
Chapter is re-enacted, whichever
comes first.

September 1, Annual TRUE
Maximum fee of $5,000, imprisonment not exceeding
6 months, or both a fee and imprisonment. Each day a
violation continues shall count as a separate offense.
-
City of Berkeley
(CA) 2015 600 23M Yes
Comm & Public/Gov’t ≥
15,000
MF ≥ 5 units or 15,000
All Single Family
July 1, Annual N/A TRUE
The instances for non-compliance will result in a fine
of $100 per violation, per day and may increase with
subsequent citations to $200 per violation, per day or
$500 per violation, per day.

See here
City of Boston
(MA) 2013 5,600 360M Yes
Comm ≥ 35,000
MF ≥ 35,000/35 units
All Public/Gov’t
May 15, Annual Oct 1, Annual TRUE
Failure to report benchmarking within 30 days of notice shall be subject to:
a fine of $300 a day for non-residential buildings ≥
35,000 sq. ft. or a parcel of buildings ≥ 100,000 sq. ft. and for residential buildings ≥ 35 units or 35,000 sq. ft.

See here
City of Boulder
(CO) 2015 500 26M Yes Comm ≥ 20,000
Public/Gov’t ≥ 5,000 N/A June 1, the following year
FALSE Non-compliance results in a civil penalty of $0.0025 per square foot per day, not to exceed $1,000 per day. See here City of Brisbane
(CA) 2019 100 6.6M Yes MF & Comm ≥ 10,000
Public/Gov’t ≥ 2,000 May 15, Annual May 15, Annual TRUE Penalties for non-compliance will be enforced as
follows: (1) A fine not exceeding $100 for a first conviction; (2) A fine not exceeding $200 for a second conviction; (3) A fine not exceeding $500 for each
additional conviction within 12 consecutive months.

See here
Government Policy Information Policy Schedule Additional Elements Status Updates State/City/County Year
Enacted # of Bldgs Sq. Ft. Covered BldgsList Available
Types of Real Estate
and Sizes (Sq. Ft.) Reporting to Gov’t Transparency Water Tracking Enforcement Benchmarking DataAvailable City of Burlington
(VT) 2024 - - No Comm ≥ 50,000 N/A N/A FALSE
A covered building that fails to begin the process of
energy benchmarking or provide the required data is
subject to a civil penalty of up to $500 per violation
per day. A fine may be delayed by up to 6 months if a
covered building faces unique circumstances.
-
City of Cambridge
(MA) 2014 1,300 86M Yes
Comm ≥ 25,000 sq ft, MF ≥
25,000 sq ft and 55 units,
Public/Gov't ≥ 10,00
May 1, Annual December 31, Annual TRUE
First violations will result in a written warning, and any subsequent violations carry a fine of up to $300 per
day.

See here
City of Chelsea
(MA) 2022 300 23.75M No Comm & MF ≥ 20,000, MF ≥20 units June 30, Annual October 1, Annual TRUE Failure to report benchmarking requirements will result in a fine of $50 for the first offense, $150 for the second offense, $300 for the third offense, as enforced by building inspectors.
-
City of Chicago
(IL) 2013 3,500 900M Yes Comm, MF, & Public/Gov’t ≥50,000 June 1, Annual After June 1, Annual TRUE A violation may be subject to a fine of up to $100 for
the first violation and an additional fine up to $25 for each day the violation continues.

See here
City of Chula Vista
(CA) 2021 650 23M No Comm, MF, & Public/Gov’t ≥20,000 May 20, Annual N/A FALSE Monetary fines may be levied on a per-incident basis,
dependent on the size of the property out of compliance. 20,000-49,999 sq. ft.- up to $750 per incident
50,000-99,999 sq. ft. - up to $1,500 per incident
100,000+ sq. ft. - up to $2,250 per incident.

See here
City of Clayton
(MO) 2025 60 - No Comm & MF ≥ 100,000,Public/Gov’t ≥ 10,000 April 1, 2027 and
annually thereafter N/A FALSE
Any violations to this ordinance shall result in a fine of not more than $1,000 or be punished by imprisonment in jail for no more than 90 days, or a punishment of both fine and imprisonment. Each day of violation
counts as a separate offense.
-
City of Columbus
(OH) 2020 800 412M Yes Comm & MF ≥ 50,000
Public/Gov’t ≥ 25,000 June 1, Annual After June 1, Annual TRUE If benchmarking is not reported within 30 days after
the deadline, a written notice is issued. 60 days after a written notice, the owner will be subject to fees and penalties of up to $1000 per day of non-compliance.

See here
City of Denver
(CO) 2016 3,000 375M Yes Comm, MF, & Public/Gov’t ≥25,000 June 1st N/A FALSE $2,000 per year benchmarking data is not submitted,
data errors aren't fixed, or reporting inaccurate information.See here City of Des Moines
(IA) 2019 800 - No
Comm & Public/Gov’t ≥
25,000
MF ≥ 25,000 & 5 units
July 1, Annual December 31, Annual TRUE
The City of Des Moines will not be assessing any penalties for properties who are not in compliance with this ordinance.

See here
City of Detroit
(MI) 2023 - - No MF & Comm ≥ 25,000Public/Gov’t ≥ 10,000 June 1, Annual For buildings
100,000 square feet
or larger October 1st,
2025; For buildings
25,000 square feet
or larger, October
1st, 2026
TRUE Fine of up to $10,000, per violation, with each day of non-compliance counting as a separate violation. -
Government Policy Information Policy Schedule Additional Elements Status Updates State/City/County Year
Enacted # of Bldgs Sq. Ft. Covered BldgsList Available
Types of Real Estate
and Sizes (Sq. Ft.) Reporting to Gov’t Transparency Water Tracking Enforcement Benchmarking DataAvailable City of Edina
(MN) 2019 300 28.53M Yes Comm, MF, & Public/Gov't ≥
25,000 June 1, Annual August 30, Annual TRUE
Building owners will receive a written warning indicating why the building is noncompliant. The building owner has 45 business days to meet compliance or the
city has cause for the denial, suspension, revocation or refusal to issue any applicable business.

See here
City of Evanston
(IL) 2016 600 46M Yes Comm & MF ≥ 20,000Public/Gov’t ≥ 10,000 June 30, Annual N/A TRUE $100 per month of non-compliance 20 days after written notice of violation. See here City of Fort Collins
(CO) 2018 1,400 38M Yes Comm, MF, & Public/Gov’t ≥5,000 June1, Annual Annual TRUE Failure to report will result in a notice of need to comply 30 days within the deadline. If failure to report continues, a notice of violation will be issued with a fine of $3,000 for each year of non-compliance.

See here
City of Honolulu
(HI) 2022 1,600 151M Yes Comm & MF ≥ 25,000Public/Gov’t ≥ 10,000 June 30, Annual October 30th TRUE Fine up to $1000 for failure to comply within the first 60 days of mailing of the notice of violation.

An additional $100 per day for each day the initial or
updated benchmarking information is not reported to
the department.

See here
City of Indianapolis
(IN) 2021 2,000 292.5M Yes Comm & MF ≥ 50,000Public/Gov’t ≥ 25,000 June 1, Annual Annually starting December 1st, 2025 TRUE Failure to make benchmarking submission first offence
= $100.

Failure to make benchmarking submission second offense = $250.

Penalties for non-compliance do not take effect until
January 1st, 2026.
-
City of Kansas City
(MO) 2015 1,400 400M Yes Comm & MF ≥ 50,000Public/Gov’t ≥ 10,000 May 1, Annual September 1, Annual TRUE In the case of failure to report benchmarking, a written notice will be issued. If benchmarking information is
not reported within 60 days of the written notice will
be a violation and will result in a fine no less than $50 but not more than $500.

See here
Town of Lexington
(MA) 2022 - - No Comm & MF ≥ 25,000, All Public/Gov’t May 15, Annual October 1, Annual TRUE $300 per violation. See here City of Los Angeles
(CA) 2017 14,000 900M Yes Comm & MF ≥ 20,000 Public/
Gov’t ≥ 7,500 Jun 1, Annual After Jun 1, Annual TRUE
Failure to comply will result in a non-compliance fee of $202. This fee is subject to a 250% late charge/collection fee after 30 days, and after 60 days will be subject to a 12% interest accrual.

See here
City of Madison
(WI) 2023 800 66M Yes Comm ≥ 25,000 N/A N/A FALSE $1,000 per 90 days of non-compliance. - City of Miami
(FL) 2021 1,600 350M No Comm, MF, & Public/Gov't ≥20,000 Jun 30, Annual December 1, Annual TRUE Failure to report benchmarking or reporting inaccurate
benchmarking may result in a fine of $250 per day for
a first time offense or $500 per day for a repeat violation.

See here
City of Milwaukee
(WI) 2024 800 107M Yes Comm & MF ≥ 50,000, Public/Gov’t ≥ 10,000 June 30, 2026 and
annually after September 1, Annual FALSE
Failure to comply with the benchmarking requirements
shall be subject to a fine of $1000 each 90 days of
non-compliance. Falsifying data will result in fines of $4,500 for the first violation, and $6,500 for each subsequent violation. -
Government Policy Information Policy Schedule Additional Elements Status Updates State/City/County Year
Enacted # of Bldgs Sq. Ft. Covered BldgsList Available
Types of Real Estate
and Sizes (Sq. Ft.) Reporting to Gov’t Transparency Water Tracking Enforcement Benchmarking DataAvailable City of Minneapolis
(MN) 2012 900 169M Yes Comm & MF ≥ 50,000
Public/Gov’t ≥ 25,000 June 1, Annual Aug 31, Annual TRUE "Information on penalties for non-compliance differ
based on which source it comes from. The below are
the penalties outlined in the municipal code.

Failure to benchmark shall result in a warning notice.

Failure to comply within 45 days of written noti"
See here
Montgomery County
(MD) 2014 1,900 237M Yes Comm, MF, & Public/Gov’t ≥25,000 June 1, Annual Oct 1, Annual FALSE "Failure to report is considered a Class A Violation.

Class A civil violations are penalized with a $500 fine for the initial offense, and additional $750 fines for
repeat offenses."
See here
City of New Orleans
(LA) 2025 1,500 - No Comm & MF ≥ 20,000, All Public/Gov’t May 31, Annual December 1, Annual FALSE Failure to comply with the benchmarking requirement
may result in fines between $1,000 and $3,000. Penalties will be waived in the first year a property is required to comply. -
City of Newton
(MA) 2024 400 25M Yes Commercial & Public/Gov’t ≥20,000 September 15, AnnualNovember 30, Annual FALSE
Any violation to this ordinance shall be punishable by
a fine of $300 per day for each day the violation continues.- City of New York
(NY) 2009 27,000 3.4B Yes Comm & MF ≥ 25,000 June 30, Annual September 1, Annual TRUE Failure to comply with benchmarking may result in a
Notice of Violation by the Department; failure to submit by the June 30th deadline results in a penalty of $500. Continued failure to report by the next quarterly deadline may result in additional violation.

See here
City of Oak Park
(IL) 2023 1,000 - No Comm, MF, & Public/Gov’t ≥10,000 December 31 Annual TRUE Fine between $20 and $750 per day. Each day of non-compliance counts as a separate offence. See here City of Orlando
(FL) 2016 800 122M Yes Comm & MF ≥ 50,000
Public/Gov’t ≥ 10,000 May 1, Annual September 1, Annual TRUE Properties that fail to comply will be notified by the city and publicly listed as non-compliant. See here City of Philadelphia
(PA) 2012 2,900 400M Yes Comm & MF ≥ 50,000Public/Gov’t ≥ 10,000 June 30, Annual After June 30, Annual TRUE Failure to report shall be subject to a fine of three hundred dollars $300 during the first 30 days following the compliance date.

Each day that the failure to comply following the initial 30 days shall constitute a separate violation, subject to a fine.

See here
City of Pittsburgh
(PA) 2016 900 164M Yes Comm ≥ 50,000
All Public/Gov’t N/A After June 1, Annual TRUE
Covered buildings that do not comply with benchmarking requirements will be publicly listed as being non-compliant on the city website.
-
City of Portland
(ME) 2016 600 42M Yes Comm & MF ≥ 20,000
Public/Gov’t ≥ 5,000 N/A Sep 1, Annual TRUE The fines for non-compliance are $20 per day. See here City of Portland
(OR) 2015 1,100 98M Yes Comm ≥ 20,000 N/A Octber 1, Annual FALSE Failure to report benchmarking requirements or reporting inaccurate information shall be subject to a written notice on first violation, and a civil penalty of up to $500 per 90 day period during which the violation continues.

Second and subsequent violation:

Covered properties ≥ 50,000 sq ft - $40 per day to a
maximum of $4,000 per year.

Covered properties ≥ 20,000 sq ft - $30 per day to a
maximum of $3,000 per year.
-
City of Reno
(NV) 2019 300 47M Yes Comm & MF ≥ 30,000
Public/Gov’t ≥ 10,00 April 1, Annual Annual TRUE
Failure to report, or submitting incomplete or inaccurate information will result in a written notice. Failure to correct within 30 days of written notice may result
in notice of violation and penalty of up to $100.

See here
City of Salt Lake City
(UT) 2017 800 82M No Comm ≥ 25,000Public/Gov’t ≥ 3,000 N/A September 1, Annually FALSE The Director may issue up to 3 written notices of noncompliance to the owner, allowing owner to cure such noncompliance within 90 days after each notice of
violation. After the third written notice of violation, the Director may impose a fine of up to $50.
-
City of San Diego
(CA) 2019 2,100 337M Yes
Comm & Public/Gov’t ≥
50,000
MF ≥ 50,000 and 17+
residential utility accounts
June 1, Annual After June 1, Annual FALSE
Failure to comply may be prosecuted as a misdemeanor, subject to a fine not more than $500 or imprisonment not exceeding 6 months, or both.

See here
City of San Francisco
(CA)
2011 2,600 308M Yes
Comm & Public/Gov’t ≥
10,000
MF ≥ 50,000
May 1, Annual After April 1, Annual FALSE
Failure to submit a report for 30 days after the deadline will result in a written warning. If no report is filed within 45 days of written violation, then: buildings ≥
50,000 sq. ft. shall be fined up to $100 a day for up to 25 days in a year.

See here
City of San Jose
(CA) 2018 1,800 190M Yes Comm & MF ≥ 20,000Public/Gov’t ≥ 15,000 May 1, Annual After May 1, Annual TRUE Buildings ≤ 50,000 sq. ft. may be fined $25 for each
day of noncompliance, 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.

See here
City of Seattle
(WA) 2010 4,100 397M Yes Comm & MF ≥ 20,000 June 1, Annual After November 1, Annual FALSE
Noncompliance fines for reporting year will be streamlined into a single Notice of Violation isued 90 days after the June 1st reporting deadline in place of quarterly accruing fines. Fines for properties between 20,000
and 50,000 sq ft will be $2,000.

See here
City of St. Louis
(MO) 2017 1,000 120M Yes Comm, MF, & Public/Gov’t ≥
50,000 May 1, Annual December 1, Annual TRUE
Failure to comply shall result in a written warning. If benchmarking is not reported within 60 days of the
issuance of written warning, it will be considered an
offense and punishable via fine of not less than $50
but not more than $200.

See here
City of Washington
(DC) 2008 5,800 493M Yes Comm & MF ≥ 25,000Public/Gov’t ≥ 10,000 May 1, Annual May 1, Annual TRUE Failure to comply will result in a warning notice issued by the DOEE. Failure to provide updated data may
lead to the issuance of a non-compliance penalty up to
$100 per day of non-compliance.

See here
Comparison of U.S. Building Performance Standards
January 2026
Government Policy Information Description of Requirements Compliance Enforcement Exemptions City/County/State Name Year
Enacted
Covered
Buildings
Performance
Metrics
Performance
Targets/Standards
Compliance
Cycle
Compliance
Pathways
Alternative Compliance
Pathways
Boston,
MA
Building
Emissions
Reduction &
Disclosure
Ordinance
(Chpt VII, Sec
7-2.1 & 7-2.2)
2021 Comm &
MF
buildings ≥
20,000 sq.
ft.,
15 residential
units, All
Public/
Gov’t
Annual
greenhouse gas
(GHG) emissions
(kgCO2e/sq. ft./
year)
Building targets are set
by building type on an
emissions intensity basis,
each building's target
being multiplied by its
gross floor area (blended
average for multi-use
buildings). Buildings
must meet their targets
annually starting in
2025, with the targets
becoming more stringent
every 5 years.

Every five
years, starting
in 2025 for
buildings ≥
35,000 sq.
ft. and 2030
for those
between
20,000 -
34,999 sq. ft.

Buildings must meet
emissions targets based
on their use type, or their
individual compliance
schedule aligned with a 50%
reduction by 2030 and 100%
reduction by 2050 targets.

Buildings with more than
one primary use may comply
with a blended CO2 emission
standard.

BERDO offers the following
alternate compliance
pathways:

Individual Compliance
Schedules with established
declining emission standards
in five year increments,
provided that they reduce
emissions by 50% by 2030
and 100% by 2050 from a
baseline that is any year from
2005 to the first required
reporting year on a linear or
better basis.

Hardship Compliance Plans
for buildings such as historic
building designations,
affordable housing refinancing
timelines, pre-existing longterm energy contracts
without reopeners, or financial
hardship.

Alternative Compliance
Payments: Buildings may
mitigate emissions from
energy use by paying an
Alternative Compliance
Payment (ACP) of $234
per metric ton of CO2e per
year, with a cost review by
the Review Board every 5
years. Such monies go into
the Equitable Emissions
Investment Fund, see
Affordable Housing Provisions.

Emission Standards:

Failure to comply with
emission standards
will result in a fine of
$1000 a day for nonresidential buildings
≥35,000 sq. ft. or two
or more buildings on
a parcel ≥ 100,000 sq.
ft and for residential
buildings ≥35,000 sq.
ft. or with 35 dwelling
units or more. Failure
to comply with
emission standards
will result in a fine of
$300 a day for nonresidential buildings
≥ 20,000 sq. ft. but <
35,000 sq. ft. and for
residential buildings
≥ 20,000 sq. ft. but <
35,000 sq. ft. or with
≥15 dwelling units but
< 35 dwelling units.

Reporting
Requirements:

Failure to comply
with reporting
requirements will
result in a fine of
$300 a day for nonresidential buildings
≥35,000 sq. ft. or two
Does not cover
state, county, or
federal buildings.

Exemptions for newly
constructed buildings,
those with permits
for demolition, and
those facing specific
financial distress may
be handled on a caseby-case basis by the
BERDO office.

Government Policy Information Description of Requirements Compliance Enforcement Exemptions City/County/State Name Year
Enacted
Covered
Buildings
Performance
Metrics
Performance
Targets/Standards
Compliance
Cycle
Compliance
Pathways
Alternative Compliance
Pathways
Additional compliance
mechanisms include municipal
aggregation, renewable
energy certificates, power
purchase agreements, and
alternative compliance
payments, contingent on
approval by the review board.”
or more buildings on
a parcel ≥ 100,000 sq.
ft and for residential
buildings ≥35,000 sq.
ft. or with 35 dwelling
units or more. Failure
to comply with
emission standards
will result in a fine of
$150 a day for nonresidential buildings
≥ 20,000 sq. ft. but <
35,000 sq. ft. and for
residential buildings
≥ 20,000 sq. ft. but <
35,000 sq. ft. or with
≥15 dwelling units but
< 35 dwelling units.

Innacurate Report
Information: Failure
to accurately report
information will result
in a fine of $1000-
$5,000 a day for all
buildings ≥ 20,000 sq.
ft.

Cambridge,
MA
Building
Energy Use
Disclosure
Ordinance
(Ordinance
2021-26)
2023 Comm ≥
25,000 sq.
ft., Public/
Gov’t ≥
10,000 sq.
ft.

GHG Intensity Straight line trajectory
from baseline to zero
carbon by 2035 for
buildings ≥ 100,000 sq. ft.
and 2050 for buildings ≥
25,000 - 99,999 sq. ft.

Five year
compliance
cycle,
beginning
in 2030 for
buildings ≥
100,000 sq.
ft., and 2035
for those ≥
25,000 sq. ft.

These cycles
will run until
2050.

Buildings must meet targets
based on their use type,
with targets becoming
more stringent ever 5 year
compliance cycle until netzero in 2035 for buildings ≥ 100,000 sq. ft. and 2050 for
buildings ≥ 25,000 - 99,999
sq. ft
Alternative compliance
payments: One Alternative
Compliance Credit shall be
equivalent to one metric ton
of Greenhouse Gas Emissions.

In the first Compliance Period,
each Alternative Compliance
Credit shall cost $234.

Only non-residential buildings
≥ 100,000 sq. ft. can use
verified carbon credits.

Up to $300 per day
per violation, each
day counting as a
separate violation.

Multifamily properties
are not covered by this
BPS. Exemptions for
lack of certificate of
occupancy, net zero
emissions buildings,
vacancy, demolition, or
financial distress.

ENERGY STAR
score or Weather
Normalized Site
EUI
Conservation
requirements differ
based on property type.

Non-residential and
multifamily both have
conditions under which
they have the option of
adhering to performance
target requirements.

Non-residential buildings
are required to meet
EITHER the performance
targets OR both the
audit requirements and
minimum improvement
requirements.

Multifamily properties
are subject to Multifamily
Prescriptive Measure
requirements; multifamily
properties with
significant common load
are required to meet
EITHER the performance
targets OR both the
audit requirements and
minimum improvement
requirements.

Compliance
cycles are
every five
years for
Conservation
Requirements
and every
10 years for
Minimum
Improvement
Requirements.

Multifamily
prescriptive
upgrades
begin 2023 or
later for both
for buildings ≥
20,000 sq. ft.
and ≥ 50,000
sq. ft.

There are two compliance
pathways: non-residential
buildings and Multifamily
buildings with significant
owner-paid energy use must
either (1) achieve a minimum
EUI improvement or (2)
complete an Energy Audit
and Retrocommissioning and
meet a smaller mandatory
minimum improvement
by the end of the next
compliance cycle.

The minimum improvement
requirements (done in
conjunction with the audit
requirement) mandate that
every ten years properties
must demonstrate decreases
in site EUI by at least
baseline year ENERGY STAR
Score 0-45 or EUI-WN 80+ :
30%
baseline year ENERGY STAR
Score 46-65 or EUI-WN 51-
79: 20%
baseline year ENERGY STAR
Score 66-79 or EUI-WN 19-
50: 10%
baseline year ENERGY STAR
Score 80+ or EUI-WN 0-18:
none
Multifamily buildings must
perform a minimum number
of prescriptive measures
within all tenant spaces
where utility costs are borne
by tenants.

N/A Non-compliance may
result in a notice of
failure to comply;
on the 60th day
following the issuance
of said notice, public
disclosure of noncompliance and
monetary fines may
be issued.

Maximum fine
amounts depend on
property size:
20,000-49,999 sq. ft.
up to $750
50,000-99,999 sq. ft.
up to $1,500
100,000+ sq. ft. up to
$2,250.

The law does not apply
to county, state, and
federal buildings,
Metropolitan Transit
Service
buildings, or buildings
owned by the Chula
Vista
and Sweetwater School
Districts.

Properties meeting any
of the following
conditions are exempt
from the performance
standard requirements:

Properties that have
been occupied less
than 5 years;
Properties in financial
distress;
Properties with a
permit for demolition
that
have already
commenced demolition
work;
Properties that have
not been previously
subject to the
benchmarking
requirement.

Government Policy Information Description of Requirements Compliance Enforcement Exemptions City/County/State Name Year
Enacted
Covered
Buildings
Performance
Metrics
Performance
Targets/Standards
Compliance
Cycle
Compliance
Pathways
Alternative Compliance
Pathways
Colorado (CO) Energy
Performance
for Buildings
(HB 21-1286)
2021 Comm,MF,
& Public/
Gov’t ≥
50,000 sq.
ft
Site EUI or GHGI. Site EUI targets as
defined by property
type. EUI/GHGI Standard
Percent Reduction
Pathway: A covered
building must: achieve
and maintain a standard
percent reduction of
13% by 2026 (2021
baseline year); achieve
and maintain a standard
percent reduction of 29%
by 2030 (2021 baseline
year). Enforcement
has been waived for
the 2026 performance
standards. On or before
June 1, 2029, the Division
shall propose 2040
performance standards.

Building owners have
the option to use 2019
benchmarking data as
an alternative baseline
if the building meets its
performance standards
using the standard
percentage reduction
building performance
pathway and the owners
submits the 2019
benchmarking data to
the office no later than
November 1, 2027.

Every four
years,
beginning
in 2026
and going
through 2050.

Enforcement
for the 2026
interim
standards
have been
waived,
meaning
the first
compliance
year is 2030.

Energy Efficiency Pathway:

Building owners on this
pathway are no longer
required reach the 2026 site
EUI target and maintain it
through 2029, but they must
reach the 2030 target and
maintain it through 2050
(until updated targets are
established after this period).

GHG Reduction Pathway:

Building owners on this
pathway are no longer
required to reach the 2026-
2029 GHGI target beginning
in 2026 and maintain it
through 2029. They must
reach the 2030-2050 target
by 2030 and maintain it
through 2050. Building
owners seeking timeline and/
or target adjustments will
need to complete a building
audit.

Standard % Reduction
Pathway - EUI or GHG: A flat
percent reduction option is
available for buildings that are
not able to achieve the site
EUI or GHGI target for their
property type or buildings
that do not align with the
property types provided. This
standard percent reduction
pathway allows buildings to
reduce their site EUI or GHGI
13% by 2026 and 29% by
2030, as measured against
their 2021 baseline. Building
owners have an option to
use 2019 benchmarking data
as an alternative baseline if
they submit complete and
accurate 2019 benchmarking
data to the office no later than
November 1, 2027.

Timeline Adjustment: Buildings
facing financial or logistical
challenges meeting the targets
by the specified timelines may
request a timeline adjustment.

The length of the available
adjustment is not specified
in the regulations and may
be requested by the building
owner and approved or
modified at the discretion of
the Colorado Energy Office.

An owner that
fails to comply
may be subject to
a civil penalty of
up to $2000 for a
first violation and
up to $5,000 for
each subsequent
violation. On or after
January 1, 2030,
a violation of the
performance standard
requirements will
be updated to an
amount up to $2,300
for every 30 days that
the covered building
owner is in violation
and up to $5,800 for
every 30 days for a
subsequent violation.

Storage facilities,
stand-alone parking
garages, or airplane
hangars that lack
heating and cooling;
building where more
than half the gross
floor area is used
for manufacturing,
industrial, or
agricultural purposes;
single family homes,
duplex, or triplex;
buildings owned by
the state, local, or
district governments,
such as higher
education institutes,
charter schools, and
school districts. Public
buildings become
subject to the building
performance standards
of this regulation only
after undertaking
a construction or
renovation project that
has an estimated cost
of at least $500,000
and impacts at least
twenty-five
percent of the covered
building’s square
footage.

Weather
Normalized
Site Energy Use
Intensity (EUI)
(kBtu divided by
square footage)
Each covered building
must meet a maximum
site EUI standard based
on its occupancy type by
the year 2032. Buildings
are required to meet
interim performance
targets in 2028 to ensure
progress toward the final,
2032 standard. Final 2032
performance targets will
be set for every covered
building type such
that 30% total weather
normalized site energy
savings across all covered
buildings is achieved.

Interim targets are
determined according to
the building's "trajectory"
from its baseline site
EUI performance in
2019 to the final site EUI
standard for its property
type. Performance
targets are based on
2019 benchmarking data
and national CBECS
data. Buildings with
insufficiency data will
have a target that is 30%
below their baseline EUI
by 2032. No covered
property shall have a
2032 site EUI target
that is more than a 42%
weather normalized site
EUI reduction from their
baseline year EUI.

Covered
buildings
must comply
with interim
performance
targets in
2028 before
meeting
a final
performance
standard in
2032.

To comply buildings must
meet the interim and final
performance targets and
maintain that level of
performance afterward.

The law allows buildings
to deduct the value of
investments in onsite
or offsite solar from its
measured site EUI.

Timeline Adjustment Pathway:

The owner of a covered
building may apply to change
the compliance timeline due
to end of major equipment
system life, energy service
capacity constraints, district
steam loop system limitations,
the timing of a major
renovation, electrification, or
other similar reason.

Interim Compliance Hold:

The owner of a covered
building may apply to request
a 24-month delay on the
performance requirements due
to temporary circumstances
that make reaching a
target by the prescribed
deadline difficult. Penalties
will not be assess during
this delay. Circumstances
include qualifying financial
distress, financial solvency
concerns, lease termination
timing, redevelopment plans,
demolition, or change in
building ownership. Once the
covered building is no longer
experiencing circumstances
requiring the hold, the owner
may apply for the timeline
adjustment option.

Customized Target
Adjustment Option: Building
owners can also apply for a
custom target adjustment if
they cannot meet final target
and have already received all
$0.15/kBtu penalty
for building that has
three target year
measurement periods;
or missed target by
more than 5%; or if
a newly constructed
building. Assessed
in 2027, 2030,
then annually if the
building has not met
the 2030 target, or in
2032 or after.
$0.23/kBtu penalty
for building has
two target year
measurement
periods. Assessed
in 2026/2030 or
2028/2032, then
annually if the
building has not met
the final target.
$0.35/kBtu penalty
for building has
one target year
measurement period
due to a timeline
extension. Assessed
in 2030 or 2032,
then annually if the
building has not met
the final target.
$0.10/kBtu added to
the penalty rate for
timeline extensions
submitted after the
end of the target
Exemptions currently
exist for stand-alone
parking garages;
buildings that are used
for the generation of
power produced and
sold commercially
and that meets the
definition of the
Energy/Power Station
building type.

Not all building types are
eligible, please refer to the
City’s technical guidance for
more information.

Additional pathways
available for Manufacturing/
Agricultural/Industrial (MAI)
properties and Residential
Condominiums.
year measurement
period that needed
adjustment.
$10.00/square foot
for existing buildings
that have never
benchmarked, or the
last benchmarking
report was before
the 2019 baseline.

Assessed 2026/2030,
then annually if the
building has not met
the final target.

Annual penalty of
$2000 can be levied
for failing to correct
benchmarking
errors, or knowingly
submitting inaccurate
information,
or withholding
information.

Evanston,
IL
Healthy
Buildings
Ordinance
(Ordinance 1-O25)
2025 Comm
& MF
buildings >
20,000 sq.
ft. Public/
Gov’t
buildings >
10,000 sq.
ft.

Site EUI; GHG
Emissions;
Percentage of
electricity usage
sourced through
renewable
electricity
By 2050, each covered
property must meet
and maintain the
following performance
standards: (1) Maximum
normalized site EUI,
(2) zero normalized
onsite and district
thermal greenhouse gas
emissions, and (3) 100
percent of electricity
usage sourced through
renewable electricity.

Five year
compliance
cycle, first
compliance
deadline
of 2030
and every
five years
thereafter
Covered properties
must meet the interim
performance standards every
year beginning in 2031. Every
5 years, interim performance
standards incrementally
become more stringent.

If an interim or final
performance standard cannot
be met, owners of covered
properties may apply for
the following alternative
compliance pathways at least
6 months before the reporting
deadline. If a building
owner believes a covered
property cannot reasonably
meet one or more of the
interim or final performance
standards, the owner may
propose an Alternative
Compliance Pathway Plan
(ACPP), which shall include,
at a minimum, options for
timeline adjustments, and/or
adjustments or exemptions
to one or more of the
performance standards for
A building owner
who fails to meet
compliance shall be
required to pay a
fine, which will be
determined by the
City Manager and be
based on (a) the total
number of interim
of final performance
standards the owner
has failed to comply,
(b the assessed
value of the covered
property, (c) the
magnitude of noncompliance under
each performance
metrics. Failure to
report will result in
the assumption of
Condominium buildings
less than 50,000 sq ft;
properties owned
by the federal
government.

The following buildings
are exempt from
compliance
requirements: buildings
that have
been issued a
demolition permit;
properties that did not
have a certificate of
occupancy or
temporary certificate
of
Government Policy Information Description of Requirements Compliance Enforcement Exemptions City/County/State Name Year
Enacted
Covered
Buildings
Performance
Metrics
Performance
Targets/Standards
Compliance
Cycle
Compliance
Pathways
Alternative Compliance
Pathways
a covered property whose
owner submits a request
at lest 180 days prior to
any performance standard
submission deadline. Rules for
alternative compliance will be
developed; ACPPs are binding
and tied to the property, not
the owner. ACCPs must be
communicated prior to the
sale of a covered property.
poor performance.

The revenue
generated by the
fines will support
compliance efforts.
occupancy for all
twelve months of
the year prior to the
current
benchmarking
deadline; properties
that have
arrears of property
taxes or water or refuse
charges within the
two years prior to an
interim
or final performance,
on the Cook County
annual tax lien sale list;
properties that have a
court-appointed
receiver in control of
the
property due to
financial distress;
properties that have
a senior mortgage
subject to a notice of
default.

Maryland (MA) Climate
Solutions Now
Act (SB 528)
2022 Comm, MF
buildings,
& Public/
Gov’t ≥
35,000 sq.
ft.

Net direct
emissions
standards (kg
CO2e per square
foot). Site EUI
standards (kBTU
per square foot)
to be adopted in
2027.

Existing buildings over
35,000 square feet
achieve a 20% reduction
in net direct greenhouse
gas emissions on or
before January 1, 2030,
as compared with
2025 levels for average
buildings of similar
construction; and net–
zero direct greenhouse
gas emissions on or
before January 1, 2040.

Five year
cycles,
starting
in 2030,
with final
standards in
2040.

Buildings must meet interim
and final net direct emissions
standards according to their
property type.

Regulation includes an
alternative compliance
pathway allowing the owner
of a covered building to pay
an alternative compliance fee
for every metric ton of net
direct emissions in excess
of the net direct emissions
standard in a given calendar
year. These fees begin at $230
per metric ton of excess CO2e
in 2020 dollars, adjusted for
inflation, for 2030. The fee rate
increases by $4 per metric ton
of CO2e per calendar year
See "Alternative
Compliance
Pathways".

Single family, fast
food restaurants,
food services,
restaurants, parking
, designated historic
property, public or
nonpublic elementary
or secondary
school buildings,
manufacturing
buildings, agricultural
Government Policy Information Description of Requirements Compliance Enforcement Exemptions City/County/State Name Year
Enacted
Covered
Buildings
Performance
Metrics
Performance
Targets/Standards
Compliance
Cycle
Compliance
Pathways
Alternative Compliance
Pathways
in 2020 dollars, adjusted for
inflation, in each calendar year.
buildings, buildings
owned by the federal
government, drinking
water treatment &
distribution buildings,
and hospitals. Excludes
energy use and
emissions associated
with steam-based
equipment sterilization
in medical and life
sciences buildings
from BEPS limits for
those buildings. Other
exemptions:
• No Certificate of
Occupancy for all 12
months
prior to compliance
date
• Building unoccupied
• Financial distress
• Building was
demolished during
calendar year
• Properties are exmept
from establishing
baseline performance if
building was less than
50%
occupied for at least
180 days. A building
may not receive
exemption from
establishing baseline
performance for more
than three years
Montgomery
County,
MD
Building
Energy Use
Benchmarking
and
Performance
Standards (Bill
16-21)
2022 Comm, MF,
& Public/
Gov’t,
buildings ≥
25,000 sq.
ft.

Normalized Site
EUI.

Trajectory approach;
Site EUI targets are set
by property type. A
covered building’s final
performance standard
will not require a
reduction of greater than
30% from the covered
building’s performance
Five years.

Uses IMT’s
trajectory
approach.

Requirements
phase-in
by building
type/size.

Properties will
Building owners must
achieve their interim and
final performance standards,
beginning in 2028 for the
largest buildings and running
until 2036.

Timeline adjustments and
custom targets are both
opportunities provided under
Montgomery County’s Building
Performance Improvement
Plan (BPIP) Path. The path
supports buildings that cannot
reach one or more targets
because
Any violation to BEPS
regulations is a Class
A violation. A Class A
Criminal Violation can
result in a maximum
fine of $1,000 or a
maximum jail term of
6 months. A Class A
Civil Violation can
Single family homes.

Buildings where 10% or
more of their total floor
space is used for
warehousing or selfstorage.

Exemption criteria was
updated to exempt
covered buildings for
Government Policy Information Description of Requirements Compliance Enforcement Exemptions City/County/State Name Year
Enacted
Covered
Buildings
Performance
Metrics
Performance
Targets/Standards
Compliance
Cycle
Compliance
Pathways
Alternative Compliance
Pathways
baseline. have to meet
one interim
standard five
years from
their start
date and a
final standard
five years
after that.
of economic infeasibility or
other circumstances outside
the owner’s control, such as
characteristics inherent to
the building or the building’s
equipment lifecycles,
occupancy, or financing.
result in a maximum
penalty of $500 for
the initial offense and
$750 for a repeat
offense.
which more than 50%
of the total floor space
is used for industrial
uses
where the majority of
energy is consumed for
manufacturing, the
generation of electric
power
or district thermal
energy to be consumed
offsite; public assembly
in a building without
walls; or transportation,
communication, and
utilities infrastructure.

Newton,
MA
Building
Emissions
Reduction and
Disclosure
Ordinance
(BERDO)
Newton
2024 Public/
Gov’t &
Comm
buildings ≥
20,000 sq.
ft.

CO2 Emissions
(kgCo2/SF/yr)
Emissions standards
must be met across 5
periods. Each covered
building shall reduce their
emissions in alignment
with the standards of
each respective period.

Emissions standards
require covered buildings
reach net-zero emissions
by period 5 (2050), and
this must be maintained
indefinitely.

Five year
cycle,
beginning
in 2027 for
the largest
buildings and
continuing
until 2050.

BERDO's CO2 Emissions
Standard reduction schedule
sets out five emissions
standards that covered
buildings must meet
between now and 2050,
with 2027 being the earliest
compliance date for the
largest buildings. Building
owners must comply
with emissions standards
established for their property
type.

Alternative Compliance
Payments: The initial cost of
an Alternative Compliance
Payment shall be $234 per
metric ton of CO2. This cost
will be reviewed every five
years.

Individual Compliance
Schedules: Owners of
Buildings or Building Portfolios
may apply for an Individual
Compliance Schedule
Individual Compliance
Schedules must establish
declining CO2e Emissions
standards in 5- to 6- year
increments, and such
standards must (i) decline
on a linear basis, (ii) reduce
Emissions 40 % by period
3, and (iii) reduce Emissions
100 % by period 5; and use
a baseline from any year
between 2013 and the first
required reporting year.

Hardship Compliance Plans: A
Building Owner may apply to
the BERDO Administrator for
a Hardship Compliance Plan if
there are extraordinary
If a building owner
does not comply
with the applicable
emissions standard in
a calendar year, each
day of that calendar
year the violation is
not corrected shall be
deemed a seperate
violation and subject
to a penality of (i)
$1,000/ day for
residential and nonresidential buildings
greater than or equal
to 35,000 sqft.,
(ii) $300/ day for
residential and nonresidential buildings
between 20,000-
35,000 sq. ft.

MF buildings are not
currently included in
Newton’s BERDO but
are included on the
covered building list in
anticipation that this
sector will be added to
BERDO at a later date.

Such characteristics or
circumstances may include
historic Building designations,
pre-existing long-term Energy
contracts without reopeners,
or extraordinary financial
hardship. Implementation
guidelines will be further
detailed in the Regulations.

New York City,
NY
Sustainable
Buildings NYC
(Local Law 97)
2019 Comm
& MF
buildings ≥
25,000 sq.
ft.

Annual
greenhouse gas
(GHG) emissions
(tCO2e/sq. ft.)
Performance targets are
set to reduce the GHG
emissions by the city’s
largest buildings by 40%
by 2030 and 100% by
2050.

Emissions
limits become
increasingly
stringent
every five
years.

Covered
buildings
must comply
annually
beginning in
2024.

Buildings must meet the
standard annually, but
buildings can use RECs and
offsets to compensate for
going over the emissions
limits. There are restrictions
for how RECs and offsets
can be used.

Affordable Housing
Reinvestment Fund (AHRF):

The AHRF is a third party fund
established by the department
in collaboration with the
New York City Department
of Housing Preservation and
Development to receive,
encumber, and distribute
funds for qualifying building
electrification projects and
generate offsets for such
activities. AHRF offsets
may be applied to reduce
an eligible building's annual
emissions up to a maximum
of 10% of a building's annual
emissions limit.

Prescriptive Pathway:

Buildings not covered by LL
97's emissions limits (some
affordable housing, multifamily
with more than 35% of units
subject to rent regulations,
places of worship), must
comply with a prescriptive
list of energy conservation
measures.

Additional pathways include:

Extensions For IncomeRestricted Housing, Good
Exceeding annual
building emissions
limit: Civil penalty
of not more than an
amount equal to the
difference between
the building emissions
limit for such year and
the reported building
emissions for such
year, multiplied by
$268.

Failure to file a report:

Penalty no more than
an amount equal to
the gross floor area
of such covered
building, multiplied by
$0.50, for each month
that the violation
is not corrected
within the 12 months
following the
reporting deadline;
provided, however,
that an owner shall
not be liable for a
penalty for a report
demonstrating
compliance with the
requirements of this
article if such report
The following property
types are exempt:

Single family housing,
buildings owned by
the City of New York,
buildings owned by the
New York city
housing authority,
rent regulated
accommodation,
houses of worship,
industrial facilities
primarily used for the
generation of electric
power or steam.

False statement:

Fine of not more
than $500,000 or
imprisonment of no
more than 30 days,
or both, in addition to
a civil penalty of not
more than $500,000.

Oregon (OR) Energy
Performance
Standards (HB
3409)
2023 Public/
Gov’t & MF
≥ 35,000
sq. ft.,
Comm ≥
20,000 sq.
ft.

EUI EUI targets set by
building type and will
become increasingly
stringent over repeating
five-year cycles. EUI
targets are based on
ASHRAE 100 median
EUIs.

Compliance
cycles will run
over a fiveyear period,
with initial
compliance
years
beginning as
follows:

June 1, 2028
– Comm ≥
200,000 sq.
ft.

June 1, 2029
– Comm ≥
90,000 sq. ft.

June 1, 2030
– Comm ≥
35,000 sq. ft.

Compliance will generally
require either meeting
energy use intensity
(EUI) targets, or meeting
conditional compliance
requirements that ODOE
establishes (such as energy
audits, energy investments,
and energy management
plans).

Conditional compliance,
which will require an energy
management plan, a program
for B.O.M. to achieve
applicable EUI, making
investments to hit EUI, and
submitting audits linked to
ASHRAE Standard 211 audits.

Oregon Participating Campus
District Energy System:

Allows large campuses with
centralized heating and/or
cooling systems to comply
through a decarbonization
plan rather than meeting
individual building
performance targets. The
decarbonization plan must
provide a strategy for up to 15
years to reduce greenhouse
gas emissions and create a
roadmap to replace fossil
fuels.

Investment Criteria: Path for
complying when a building
cannot meet targets. Instead
of meeting performance
requirements, the building
owner must show that all costeffective energy efficiency measures (the “optimized
bundle”) are implemented.
$5,000 plus
continuing violation
which may not
exceed a daily
amount of $1/yr/sf ft
Primary use for is
manufacturing or
another
industrial use, as
defined in accordance
with the following use
designations of the
International Building
Code; designated as
an historic property
under a state or local
statute, ordinance, rule
or other legislative
act designated as
an historic property
under a state or local
statute, ordinance, rule
or other legislative
act. Also exemptions
for buildings without
an occupancy permit,
facing financial distress,
tax lien etc.

Greenhouse
gas emissions
intensity targets
(GHGIT),
measured as a
value of kgCO2e
units per square
foot per year
(kgCO2e/SF/yr)
Building owners shall
reduce the GHGIs of
covered buildings to meet
their standard GHGITs
for each compliance
interval. Greenhouse
gas emissions intensity
targets (GHGIT) are
determined by building
activity type; the director
can revise GHGIT five
years prior to the start of
a compliance cycle. Once
buildings have achieved
net-zero emissions,
building owners shall
maintain covered
buildings at net-zero
emissions thereafter.

Five year
compliance
cycle, starting
in 2031,
running until
2050.

Path A: Meet GHGITs at each
five-year compliance interval.

Path B: Small modifications
like extensions, emissions
deductions for certain
energy uses or a compliance
payment.

Path C: Special consideration
and flexibility for extenuating
circumstances.

Alternative Compliance
Payments: building
owners can meet up to a 100%
of required
emission reductions via
payment. The payments
should be, at the minimum,
$1,250 for buildings ≤50,000
sq. ft. and $2,500 for buildings
>50,000 sq. ft. Payments are
calculated using: ACP = total
annual MTCO2e/yr * 5 * cost
of MTCO2e ($/MTCO2e) total
annual MTCO2e = [compliance
GHGI (kgCO2e/SF/yr) – GHGIT
(kgCO2e/SF/yr)] * grossfloor
area /1000.

Prescriptive Options:
multifamily building can use
prescriptive options in place
of meeting GHGIT during
the 2031-2035, 2036-2040,
or 2041-2045 compliance
interval, such as replacing
fossil fuel hot water systems
with electric (in compliance
with current energy codes),
replacing fossil fuel HVAC
heating systems with electric,
etc. Multiple other Alternative
Compliance Pathways
available including GHGI
target adjustments, timeline
adjustments, etc.

Failure to comply will
result in a penalty of
$2.50/square foot for
low-income housing/
low-rent multifamily
buildings, $7.50/
square foot for other
multifamily housing,
and $10.00/square
foot for nonresidential
buildings. Failure
to report, or
reporting inaccurate
information, may
result in flat fines of
$15,000 and $7,500,
dependent on
building size.

Industrial buildings.

St. Louis,
MO
Building Energy
Performance
Standards
(Ordinance
71132)
2020 Public/
Gov’t,
Comm,
& MF ≥
50,000 sq.
ft.

Site energy use
intensity (EUI)
Standards to be set no
lower than the 65th
percentile by property
type, so that at least
65% of the buildings of
the property type have a
higher EUI.

The Office of Building
Performance will issue
new performance
standards at the end of
Every four
years,
beginning
May 2021.

Each
compliance
cycle followed
by one year to
set standards
for next cycle.

For qualified
affordable
There are two preferred
compliance pathways under
the St. Louis BEPS: the
Performance Path and the
Early Adopter Path.

Performance Path: the
building’s site EUI is equal to
or lower than the standard.

Early Adopter Pathway:

Properties that both hit the
Narrow the Gap Path:

Alternate compliance pathway
for properties that are unable
to hit their target by reducing
their EUI to halfway between
their property baseline and
target. This is only available
to properties that submitted
a valid 2018 report and only
possible during the first two
compliance cycles.

If data is not reported
and an alternative
compliance plan
is not presented
within 60 days of
the compliance date,
a fine between $1 -
$500 is issued for
each day beyond the
60 days. Withholding
and/or denial of
occupancy permits.

Single family
housing; primarily
used for industrial
or manufacturing
purposes, water
treatment,
communications
infrastructure, or as
a data center; stand
alone parking lots or
garages that are not a
part of a larger
Government Policy Information Description of Requirements Compliance Enforcement Exemptions City/County/State Name Year
Enacted
Covered
Buildings
Performance
Metrics
Performance
Targets/Standards
Compliance
Cycle
Compliance
Pathways
Alternative Compliance
Pathways
each compliance cycle. buildings and
houses of
worship, every
six years.
target for their property
type AND achieve at least
20%/50% reduction in
their EUI compared to the
baseline year performance
can be compliant for that
cycle AND the next 1-2
Cycles.

Custom Alternative
Compliance Path (CACP):

Option for properties that are
able to demonstrate that they
are unable to hit the targets
under the Performance Path
and the Early Adopter Path,
nor the Narrow the Gap path
due to unique circumstances.

CACP entails a third party
audit (ASHRAE level 2 audit)
and obtaining OBP approval of
a proposed plan of action.
property.

Other exemptions:

Demolition permit
issued or demolition
is planned during the
compliance cycle;
Financial hardship or if
compliance would not
be in public interest;
Primary use of building
is industrial;
Property is
communications
infrastructure;
Property is owned by
the state or federal
government.

Washington
State (WA)
Clean Buildings
Performance
Standard (HB
1257)
2019 Public/
Gov’t ≥
10,000 sq.
ft. Comm
& MF ≥
20,000 sq.
ft.

Weathernormalized
Energy Use
Intensity.

The department
may also
develop targets
for alternative
metrics related to
energy use and
GHG emissions
if alternative
metrics are
included in
ASHRAE
standard
100-2018 or
subsequent
versions.

EUI targets must be no
greater than the average
energy use intensity for
the building’s occupancy
type with adjustments
for unique energy-using
features.

EUI targets initially based
on ASHRAE standard
100– 2018. Proposed rules
set first target at 15%
below average EUI for
building type.

Develop and implement
Operations &
Maintenance Program
and Energy Management
Plan.

Compliance
cycles
are every
five years,
with initial
compliance
beginning as
follows:

Tier 1: Comm
≥ 220,000 sq.
ft. June 1st
2026.

Tier 1: Comm
90,001
–220,000 sq.
ft. June 1st
2027.

Tier 1: Comm
50,000
–90,000 sq.
ft. June 1st
2028.

Tier 2: Comm
20,000
–49,999 sq.
ft. and MF ≥
20,000 sq. ft.

July 1st, 2027.

Buildings must meet the EUI
target specified for
their building type, or
satisfy an investment criteria
pathway consisting of an
energy audit identifying
all cost effective energy
efficiency measures.

Complete one of the
following:

Target EUI path: benchmark
building’s
performance and calculate
EUI target. Meet
target by compliance
deadline (conditional
compliance period of 180
days); Investment
Criteria path: Conduct an
audit and identify all
EEMs. Identify an optimized
bundle of EEMs
that provides maximum
energy savings without
resulting in a savings-toinvestment ratio of less
than one. The optimized
bundle of measures
shall be implemented based
Conditional Compliance
is a temporary method
of compliance. For Tier 1
covered buildings, owners
must demonstrated they have
implemented energy use
reduction strategies required
by the standard but not
demonstrated full compliance
with the energy use intensity
target or investment criteria.

For Tier 2 Buildings, owners
must demonstrate they have
benchmarked the building
energy use in accordance with
the standard, and provide
an additional 180 days for
the owner to demonstrate
full compliance with the
energy management plan
(EMP) and operations and
maintenance (O&M) program
documentation.

Additional pathways include:

District Energy System
Decarbonization Pathway,
and temporary compiance
deadline extensions.

The Department
of Commerce may
impose a
penalty up to $5,000
plus an amount
based on the duration
of any continuing
violation. The
additional amount for
a continuing violation
may not exceed a
daily amount equal to
$1 per gross square
foot of floor area.

The Department may
raise penalty rates to
adjust for inflation.

Administrative
penalties collected
must be deposited
into the low-income
weatherization
and structural
rehabilitation
assistance account.

Federal buildings and
buildings belonging
exclusively to
recognized Tribes are
not required
to comply with the
standard. Historic
buildings do not
need to meet any
requirement that would
compromise their
historical integrity.

Also buildings
that are primarily
used for industrial,
manufacturing, or
agricultural purposes.

Other exemptions:
• No Certificate of
Occupancy for all 12
months
prior to compliance
date
• Average occupancy
less than 50%
• Building meets
conditions of financial
hardship
Government Policy Information Description of Requirements Compliance Enforcement Exemptions City/County/State Name Year
Enacted
Covered
Buildings
Performance
Metrics
Performance
Targets/Standards
Compliance
Cycle
Compliance
Pathways
Alternative Compliance
Pathways
on the schedule
established within the energy
management
plan. Develop and implement
Operations &
Maintenance Program and
Energy
Management Plan. The
investment criteria shall
be documented using a Level
2 energy audit
and by performing the lifecycle cost analysis
(LCCA).

Washington,
DC
Building Energy
Performance
Standards and
Benchmarking
(D.C. Law 22-
257)
2018 Public/
Gov’t ≥
10,000 sq.
ft. Comm
& MF ≥
50,000 sq.
ft.

ENERGY STAR
score or an
equivalent metric
(source EUI
for buildings
ineligible for
ENERGY STAR).

For buildings that are
eligible for an ENERGY
STAR score, the building
energy performance
standard shall be no
lower than the District
median ENERGY STAR
score for buildings of
each property type. The
District Department of
Energy & Environment
(DOEE) will issue new
performance standards
every six years.

Compliance
cycles are
5 years
long. While
standards are
recalculated
every 6 years.

Performance Pathway:

Reduce site EUI 20%
Standard Target Pathway:

Reach the standard for the
building’s property type
(only available for property
type groups performing
above the national median)
Trajectory Pathway:

This pathway is based
on building-specific
performance targets against
long-term goals starting
with the second compliance
cycle, beginning on January
1, 2028. It will be designed in
rulemaking by DOEE.

Alternative Compliance
Pathways are divided into the
following:

Deep Energy Retrofits,
which are broken down
into accelerated savings
recognition ACP option and
the extended deep energy
retrofit ACP option.

New Construction and Change
of Property Type.

Baseline Adjustments, such
as a baseline year shift or a
baseline site EUI modification.

Or a Custom Application,
which will be considered
by the DOEE. Does not
accept third-party building
certifications as an ACP
option.

The alternative
compliance payment
is based on the
gross floor area of
the building that
was reported on the
building's most recent
benchmarking report.

The BEPS Compliance
Regulations
establish the
maximum alternative
compliance payment
amounts with the
maximum payment
for buildings at $10
per each square
foot of gross floor
area. The maximum
payment for a
building shall be
no greater than
$7,500,000. For
college/university
campuses and
hospital campuses,
there is a single
maximum payment
amount of
$7,500,000. The
maximum alternative
compliance payment
Single family properties
are exempt. Buildings
that are demolished
immediately before
the beginning of or
during a compliance
cycle are not subject
to BEPS after they are
demolished. Federal
buildings and buildings
belonging exclusively
to recognized Tribes
are not required to
comply with the
standard. Historic
buildings do not
need to meet any
requirement that would
compromise their
historical integrity.

Other exemptions:
- No Certificate of
Occupancy for all
12 months prior to
compliance date
- Average occupancy
less than 50%
- Primary use of
building is industrial
Primary use of building
Government Policy Information Description of Requirements Compliance Enforcement Exemptions City/County/State Name Year
Enacted
Covered
Buildings
Performance
Metrics
Performance
Targets/Standards
Compliance
Cycle
Compliance
Pathways
Alternative Compliance
Pathways
for each buiding
will be adjusted
proportionally based
on its performance
relative to its Pathway
target. DOEE will
assess a payment
at the end of
the Compliance
Cycle following
the building’s final
reporting/verification
deadline. In addition,
any building owner
that knowingly
submits innacurate
information,
withholds
information,
implements an
EEM that reduces
environmental quality,
or implements an
EEM that poses
a threat to the
health and safety
of occupants may
be subject to
assessment of the
maximum alternative
compliance
payment, regardless
of the building’s
performance
In addition to
the Alternative
Compliance Payment,
DOEE has the
authority to issue a
civil infraction fine fo
BEPS Program
Violations (also
known as the BEPS
Program Infractions).

First offenses range
from $500 - $2,000.
is agricultural
- Building meets
conditions of financial
hardship
- Covered buildings
that are vacant and/or
in financial distress may
qualify for a wholecycle exemption, rather
than a three-year delay.

No later than January 1,
2026, the Department
shall set interim and final
performance standards.

Every four
years on May
15th, starting
in 2028.

Building Performance
Pathway: A covered property
will be considered compliant
through the Building
Performance Pathway if
it achieves its specified
Performance Targets by
the end of the applicable
compliance cycle.

Building Performance Action
Plan (BPAP) - allowed only
for interim standards, not
for the final. Subject to the
approval of the Department.

Requires audits/retro
commissioning, retrofit
plan, cost-benefit analysis,
Distributed Energy Resources
analysis, etc. documentation
to the Department: A current
benchmarking report and
either a summary of a
comprehensive energy audit
report or a summary of a
retro-commissioning report; a
Distributed Energy Resources
(DER) Opportunity Report;
retrofit measures and analysis;
and community services and
benefits.

Failure to comply
with performance
standards: Fines
equal to Social Cost
of Carbon per unit
CO2e not reduced,
enforced annually
until compliant.

Details will be
established through
rules and regulations.

Failure to comply with
annual benchmarking
requirements
and performance
standards: Up to
$10/sq ft × Gross
Floor Area, enforced
annually until
compliant or a BPAP
approved.

Failure to provide
accurate information:

Providing inaccurate
report information
will result in a fine of
$1000.

Single-family, 2–4 unit
multifamily, residential
condominiums,
Non-City public
buildings, Broadcast
antennas, Utility
pumping stations.

To be eligible for an
exemption, a covered
property must meet
the following criteria:

The building did not
have a certificate
of occupancy for
more than half of the
baseline year prior
to the compliance
cycle; the building
was fully vacant for
more than half of the
calendar year required
for benchmarking; a
demolition permit was
issued and demolition
prior to the next
applicable performance
standard begins; the
building is facing
financial hardship; the
building is a cultural
resource (subject to
historic protections)
and requesting target
adjustments.

Transportation and Environment Committee (t&e)June 8, 2026

Transportation and Environment Committee (t&e)
June 8, 2026