The 2026 map of building performance standards across the US

Covered buildings: Commercial and multifamily properties (buildings and campuses of buildings) over 20,000 square feet; municipal properties over 10,000 square feet. 

Requirements: Annual energy and water use benchmarking report. 

Penalties: Fine of up to $500 for first offense, up to $1,000 for each additional offense, plus the costs of the prosecution, including court costs. Each violation, and every day of failure to comply, is a separate offense. Up to $500 for knowingly submitting a false report. 

Compliance dates: June 1 for commercial and multifamily properties, Dec. 31 for municipal buildings. 

Exemption request for submitting benchmarking reports due by March 1 of the year the exemption is being requested. 

Year passed: 2021

Implementing regulation: Energy and Water Benchmarking Ordinance (City Code Chapter 104)

Additional info: Benchmarking FAQ 

Covered buildings: Commercial buildings over 25,000 square feet, municipal buildings over 10,000 square feet. 

Requirements: Annual energy and water benchmarking data report. Every 10 years, energy audit, excluding municipal buildings under 10,000 square feet. 

Penalties: Written warning for first violation. If updated information not provided within 30 days, fine of $1,000. Each year of noncompliance is considered a separate violation.

Compliance date: June 1. Energy audit submission deadline corresponds to the last digit of the property’s Atlanta Building ID. If the property’s ABID ends in 6, for example, an audit is due in 2026, 2036 and 2046. 

Year passed: 2021

Implementing regulation: Atlanta Commercial Energy Efficiency Ordinance

Additional info: BenchmarkATL

Update 10/5/26: Austin Energy is offering incentives to small businesses to implement three or more energy-saving improvements. The  incentives include a 30% bonus on top of a recent 30% increase to standard commercial rebates provided by Austin Energy.

Covered buildings: Commercial buildings 10,000 square feet and larger, multifamily buildings with five or more units. 

Requirements: Confirm that property information and energy use data (calculated based on size and property type) provided by Austin Energy are accurate. Alternatively, submit a report using Energy Star Portfolio Manager. For multifamily buildings, conduct energy audit through an ECAD energy professional in the calendar year the property turns 10 and every 10 years thereafter; provide energy audit results to current and prospective tenants. Multifamily properties deemed “high energy use,” or those using more than 150% of the average energy of other multifamily properties in the Austin Energy service area, must reduce energy use by 20%. Buildings may qualify for an energy audit exemption certificate if they have received an Austin Energy rebate for improvements, including comprehensive duct remeditation work, or if air conditioning equipment was replaced in all units, within the past 10 years. 

Penalties: Each violation is subject to a fine. Proof of culpable mental state is not required for a fine of up to $500. If the building owner acts with criminal negligence, a fine of up to $2,000 may be assessed. 

Compliance date: June 1

Year passed: 2011

Implementing regulation: Energy Conservation Audit and Disclosure ordinance, Chapter 6-7, Energy Conservation

Additional info: Energy Conservation Audit and Disclosure Ordinance

Covered buildings: Commercial buildings, small buildings between 850 and 14,999 square feet, and one- to four-unit homes. 

Requirements: For buildings over 25,000 gross square feet or more of floor area, annual Energy Star benchmarking data report; building emissions saving ordinance assessment every five years. Buildings between 15,000 and 24,999 square feet, annual benchmarking and BESO assessment at the time of listing. Buildings between 850 and 14,999 square feet and one- to four-unit homes, BESO assessments at the time of listing. 

Penalties: Failure to conduct BESO assessment at the time of sale (or six months from the sale date if the seller deferred the assessment to the buyer): $85 administratve late fee added to BESO filing fee and additional penalties such as an administrative citation. 

Compliance date: July 1. New BESO amendments are effective 2026.

Year passed: 2015

Implementing regulation: Ordinance No. 7,953-N.S

Additional info: Building Emissions Saving Ordinance

Covered buildings: Nonresidential buildings 20,000 square feet and larger, residential buildings with 15 or more units and any tax parcel with multiple buildings that collectively meet these thresholds.

Requirements: For office buildings, emissions limits of 5.3 kilograms of carbon dioxide equivalent per square foot per year in the 2025-2029 compliance window. For manufacturing and industrial facilities, emission limits of 23.9 kg of CO2e per square foot per year during this period. Other limits apply. Reported data must be verified by a qualified third-party energy professional. Compliance options range from implementing energy efficiency measures to installing renewable energy generation equipment to purchasing renewable energy. Owners can also choose to make an alternative compliance payment, equal to $234 per metric ton of CO2e above the limit, into an equitable investment fund. Additional flexibility measures for compliance include use of blended emissions standard for mixed-use buildings and portfolio pathways. Individual compliance schedules are possible with review board approval. 

Penalties: For larger nonresidential buildings, $1,000 a day for failure to meet emission standards, $300 a day for failing to follow reporting requirements. For smaller nonresidential buildings, $300 and $150, respectively. For all properties, failure to accurately report information, fines of $1,000 and $5,000. 

Compliance date: May 15 annually. Nonresidential buildings between 20,000 and 34,999 square feet and residential buildings between 14 and 34 units must submit beginning in 2030.

Year passed: 2013

Implementing regulations: Building Emissions Reduction and Disclosure Ordinance

Additional info: Building Emissions Reduction and Disclosure

Covered buildings: Commercial buildings 20,000 square feet and larger and municipal buildings 10,000 square feet and larger. 

Requirements: Annual Energy Star Portfolio Manager report. Every 10 years, energy assessments that meet or exceed ASHRAE 211 Standard for Commercial Building Energy Audits. Buildings under 50,000 square feet, ASHRAE Level 1 assessment from local utility Xcel Energy. Buildings 50,000 square feet or more, ASHRAE Level 2 assessment from qualified service provider. Every 10 years, retro-commissioning by calibrating existing functional systems to run as efficiently as possible through low- or no-cost improvements. Owners must submit cost-effective measures (any measure with a payback period of two years or less with rebates) identified through retro-commissioning within two years of the study. After two years, buildings must submit documentation verifying the completion of a two year or less payback retro-commissioning measure. Building owners must use qualified service providers to complete energy assessments and retro-commissioning. In addition, one-time lighting upgrades that meet specific codes for interior and exterior lighting power, controls and sensors. 

Penalties: Fines of $0.0025 per square foot, up to $1,000, per day. 

Compliance date: June 1. Due dates for 10-year requirements vary by building size and date of initial compliance.

Year passed: 2015

Implementing regulation: Boulder Building Performance Ordinance

Additional info: Building Performance Ordinance

Update 10/5/26: California released its draft strategy for implementing building performance standards that would set long-term energy use intensity and onsite greenhouse gas intensity targets for 2045. The strategy adds interim compliance checkpoints every five years. It also points to additional compliance metrics, like coincident peak demand, being added later. The BPS would apply to commercial and multifamily buildings larger than 50,000 square feet.

Covered buildings: Commercial and municipal buildings 50,000 square feet and larger and multifamily buildings with 17 or more units and 50,000 square feet and larger. 

Requirements: Annual energy use and greenhouse gas emissions report.

Penalties: The Energy Commission has the authority to issue fines for noncompliance after allowing a 30-day period to correct a violation.

Compliance date: June 1

Year passed: 2015

Implementing regulation: California AB 802

Additional info: FAQ

Update 10/5/26: Cambridge has finalized Phase 3c regulations, which expand and clarify options for using renewable electricity purchased through contracts, such as power purchase agreements and virtual PPAs. They also clarify how electricity from on-site cogeneration is treated compared to electricity purchased from the grid.

Covered buildings: Commercial, multifamily and municipal buildings over 25,000 square feet. 

Requirements: Annual energy and water use benchmarking report. 

Nonresidential covered properties over 100,000 square feet must reduce GHG emissions 20% by 2026, 40% by 2030 and 100% by 2035 compared with their baselines. Those between 25,000 and 99,999 square feet must reduce GHG emissions 40% by 2030, 60% by 2035, 80% by 2040, 90% by 2045 and 100% by 2050 and onward, compared with their baselines.

Penalties: A first violation will result in a written warning. Subsequent violations may result in a fine of up to $300 per violation per day. 

Compliance date: May 1

Year passed: 2023

Implementing regulation: Building Energy Use Disclosure Ordinance

Additional info: BEUDO | Q&A

Covered buildings: Buildings over 50,000 square feet.

Requirements: Annual whole-building energy use report through Energy Star Portfolio Manager; verify data accuracy through in-house or third-party professional every three years.

Post Chicago Energy Rating in a prominent location on the property and share information at the time of sale or lease listing. 

Penalties: Fine up to $100 for a first violation and additional fine of $25 for each day the violation continues. 

Compliance date: June 1

Year passed: 2013 (updated 2017)

Implementing regulation: Building Energy Use Benchmarking Ordinance

Additional info: Benchmarking rules

Covered buildings: Commercial, multifamily and industrial buildings 20,000 square feet and larger. 

Requirements: Annual Energy Star Portfolio Manager benchmarking report. For high-performance buildings, have a verified Energy Star score of 80 or higher or have an energy use intensity score of 18 or less, achieve Energy Star certification during the preceding year or have achieved LEED Existing Building Certification three of five preceding years. Over time, buildings that don’t meet the high performance building criteria must comply with conservation requirements, including energy audits, retro-commissioning and minimum improvement measures. 

Penalties: On the 60th day following the receipt of a notice of failure to comply, the city may publicly disclose noncompliance and issue fines of up to $750 per incident for buildings of 20,000 to 49,999 gross square feet, up to $1,500 for buildings 50,000 to 99,999 square feet, and up to $2,250 for buildings over 100,000 square feet.  

Compliance dates: May 20 for benchmark submissions. Energy audits and retro-commissioning due every five years beginning in 2026. Minimum improvement reporting is required every year beginning in 2031. Dates differ for multifamily buildings.  

Year passed: 2021

Implementing regulation: Ordinance No. 3498

Additional info: Building Energy Saving Ordinance

UPDATE 4/29/26: HB25-1269 pushed back the reporting season to July 1 through Nov. 1 and removed noncompliance penalties for 2026 building performance targets, with the Colorado Energy Office encouraging owners to focus on their 2030 targets instead. 

Building owners can change their building performance standards compliance pathway until Nov. 1, 2028, without additional documentation. Those using one of the standard percent reduction pathways may now opt to use a 2019 baseline instead of 2021.

Covered buildings: Buildings over 50,000 square feet. 

Requirements: Annual benchmarking data report for the previous calendar year. Reduce GHG emissions 13% by 2030 compared with a 2019 baseline or use the purchase of renewable energy credits to meet the target, or achieve 2026 interim energy use intensity targets and 2032 final EUI targets for each building type. 

Owners must pay an annual $100 fee per covered building prior to the reporting deadline. 

Penalties: On or after Jan. 1, 2030, $2,300 for every 30 days the owner is in violation or $5,800 for every 30 days for subsequent violations.

Compliance date: Nov. 1

Year passed: 2021

Implementing regulation: House Bill 25-1269

Additional info: Building Performance Colorado Pathway Selection Calculator

Covered buildings: Commercial buildings; multifamily buildings over 50,000 square feet; municipal buildings over 25,000 square feet. 

Requirements: Annual energy, water and greenhouse gas emissions benchmarking data report.

Penalties: Civil penalty of $1,000 for each calendar day that the owner fails to comply. 

Compliance date: June 1.

Year passed: 2020

Implementing regulation: Energy & Water Benchmarking and Transparency Ordinance (Columbus City Code Title 41 - Building Code Chapter 4117)

Additional info: Columbus Water & Power

The city is hosting a focus group with owners of buildings over 50,000 square feet on May 6 to “understand their needs and challenges when maintaining healthy buildings.” 

Covered buildings: Separate requirements for commercial and multifamily buildings 25,000 square feet and larger and those between 5,000 and 24,999 square feet. 

Requirements: By 2030, each building must meet the maximum site energy use intensity standard based on its occupancy type. Interim performance targets are imposed in 2027 to ensure progress toward the 2030 standard. New EUI targets for 2040, 2050 and beyond could be set if deemed necessary for the achievement of the city’s climate goals.

For buildings between 5,000 and 24,999 square feet, certify installation of LED lights, solar panels or purchase of off-site solar generating enough electricity to meet 20% of annual energy use. Requirements phase in over three years, beginning in 2025, based on building size. 

Penalties: Civil penalties up to 70 cents for each kBtu per year the owner’s covered building fails to achieve in that year relative to its interim targets. An annual $2,000 penalty can be levied for failing to correct benchmarking errors or unknowingly submitting inaccurate information. There also are additional target and maintenance penalties. 

Compliance date: June 1. Building performance standard reports due in 2028 for interim targets (2027 calendar year), and 2031 for final targets (2030 calendar year). LED installations due in 2025, 2026 and 2027, depending on building size. 

Year passed: 2021

Implementing regulations: Bill 21-1310

Additional info: Energize Denver Building Performance Policy 

Covered buildings: All commercial buildings over 25,000 square feet, excluding industrial real estate.

Requirements: Annual energy and water use report via Energy Star Portfolio Manager or the Iowa B3 Benchmarking Program. 

Penalties: None as of 2025.

Compliance date: July 1

Year passed: 2019

Implementing regulation: Des Moines Code of Ordinances, Article IX., Sec. 26-900 

Additional info: Benchmarking DSM 

Covered buildings: Commercial and multifamily buildings 25,000 square feet and larger; municipal buildings 10,000 square feet and larger. 

Requirements: Annual energy and water use report. Prior to the first benchmarking deadline and every third year thereafter, have a certified professional verify benchmarking information for the prior calendar year.

Penalties: Fine and blight violation notice. 

Compliance dates: Commercial and multifamily buildings 100,000 square feet or more and municipal buildings 10,000 square feet or more must complete their initial transparency reporting by Oct. 1, 2025. Commercial and multifamily buildings 25,000 square feet or above must begin transparency reporting by Oct. 1, 2026. The annual deadline thereafter is June 1. Extensions must be requested at least 30 days prior to the reporting deadline.

Year passed: 2023

Implementing regulation: Benchmarking Ordinance (Chapter 8, Article 15)

Additional info: Detroit Energy and Water Benchmarking Ordinance

Covered buildings: Commercial and multifamily buildings 5,000 square feet and larger.

Requirements: Annual energy and water use report via Energy Star Portfolio Manager or submit valid waiver request. 

Penalties: $3,000 for each year of noncompliance. The city will send out a Notice of Need to Comply letter, followed by a Notice of Violation, within 30 days of the deadline. 

Compliance date: June 1  

Year passed: 2018

Implementing regulation: Municipal Code, Chapter 12, Article XI

Additional info: Building Energy and Water Scoring

Covered buildings: Municipal buildings over 10,000 square feet; commercial and multifamily buildings over 25,000 square feet. 

Requirements: Annual benchmarking reports, including aggregated total energy and water use.  

Penalties: Civil fine up to $1,000 plus $100 per day for each day benchmarking information not reported to the department, not to exceed $5,000 per facility per reporting year. 

Compliance dates: June 30. Benchmarking exemption request deadline is 30 days before reporting deadline. 

Year passed: 2022

Implementing regulation: Ordinance 22-17; Ordinance 20-47 for municipal buildings

Additional info: Better Building Benchmarking | FAQ 

Covered buildings: Commercial and multifamily buildings over 50,000 square feet; municipal buildings over 25,000 square feet. 

Requirements: Annual energy and water use benchmarking report. 

Penalties: Civil penalties. 

Compliance date: June 1. Requests for extension or exemptions due at least 30 days before the deadline. 

Year passed: 2020

Implementing regulation: Energy Benchmarking and Transparency Ordinance

Additional info: Benchmarking and Transparency

Covered buildings: Commercial and multifamily buildings 50,000 square feet and larger; municipal buildings 10,000 square feet and larger.

Requirements: Annual energy and water use report via Energy Star Portfolio Manager. 

Penalties: Fines as assessed by the city’s Municipal Court. 

Compliance date: May 1

Year passed: 2015 (updated 2021)

Implementing regulation: Energy Empowerment Ordinance | Update

Additional info: Rules for the Ordinance | Energy and Water Benchmarking 

Covered buildings: Commercial, multifamily properties and municipal buildings 10,000 square feet and larger.

Requirements: Annual energy and water use benchmarking report. 

Penalties: $2,000 per violation. The city may place a lien on buildings that fail to pay fines within 180 days.

Compliance dates: Dec. 31, 2026, for 2025 energy use. June 1 thereafter. 

Exemption request due by April 1 of the year for which the exemption is being requested.

Year passed: 2026

Implementing regulation: Energy Benchmarking Ordinance (Title 14, Chapter 30)

Additional info: Benchmarking FAQ 

Covered buildings: Municipal buildings 15,000 square feet and larger, privately owned buildings 20,000 square feet and larger. 

Requirements: Annual performance benchmarking. Energy audit, water audit and retro-commissioning every five years. Annual fees of $61 for each annual benchmarking report and $183 for each confirmation of audit and retro-commissioning submitted. Owners may seek exemptions from audits and retro-commissioning based on building age, Energy Star certification, certified reductions in energy use intensity and/or water use intensity or by taking actions. 

Penalties: $202 for energy audit and retro-commissioning violations. 

Compliance dates: Benchmarking by June 1; energy and water audit and retro-commissioning by Dec. 1, and every five years thereafter, with deadlines varying based on building ID. 

Year passed: 2017

Implementing regulation: Ordinance No. 184674 | Ordinance No. 185198 (amendment), Ordinance No. 185586 (amendment) | Ordinance No. 186480 (amendment) | Ordinance No. 186789 (amendment). 

Additional info: FAQ | Existing Buildings Energy & Water Efficiency Program 

Covered buildings: Nonresidential buildings over 25,000 square feet, excluding industrial buildings.  

Requirements: Annual benchmarking data via Energy Star Portfolio Manager. For buildings over 50,000 square feet, tune-ups (reviews and adjustments of energy systems, controls, and maintenance practices) every four years. Buildings over 100,000 square feet that complete tune-up requirements in 2025 will not be required to tune up again until 2030. 

Penalties: Up to $1,000 for each 90 days of noncompliance. Falsifying benchmarking or tune-up data may result in a first fine of $3,000 and $5,000 for subsequent violations, with fines of up to $100 for each day of additional violations. For tune-ups, fines are based on building size and duration of noncompliance. 

Compliance date: June 1 for annual benchmarking and Oct. 31 for tune-ups, with initial compliance dates that vary by building size.

Buildings over 100,000 square feet must file tune-up reports every four years, or submit an extension or exemption request, starting Oct. 31, 2026. Buildings 50,000 square feet or larger must file tune-up reports every four years starting in 2027. Buildings between 25,000 and 49,999 square feet must file their initial benchmarking report or request a 90-day extension by June 30, 2026.

Year passed: 2023

Implementing regulation: Sec. 29.40, Building Energy Savings Code

Additional info: Building Energy Savings Program

Covered buildings: Commercial and state-owned properties 35,000 square square feet and larger, excluding manufacturing and agriculture buildings and buildings with a historic designation. 

Requirements: Annual report of energy use benchmarking data. Achieve 20% reduction in net direct greenhouse gas emissions compared with 2025 levels for average buildings of similar construction on or before Jan.1, 2030, and achieve net-zero direct GHG emissions on or before Jan. 1, 2040. 

Penalties: In lieu of meeting standards, pay a compliance fee for every metric ton of net direct emissions in excess of the standard in a given calendar year. These begin at $230 per metric ton CO2 over the standard. 

Compliance date: June 1.

Year passed: 2022

Implementing regulation: Climate Solutions Now Act (SB 528)

Additional info: Building Energy Performance Standard

Covered buildings: Buildings over 20,000 square feet. 

Requirements: Annual energy use benchmarking report through Energy Star Portfolio Manager or other approved programs. 

Penalties: Fine of $150 per day that information is not provided. 

Compliance date: June 30. Owners must verify, submit a correction to, or identify discrepancy in submitted energy usage information on or before Aug. 31 of the compliance year.  

Year passed: 2022

Implementing regulation: Massachusetts' Large Building Energy Reporting, from An Act Driving Clean Energy and Offshore Wind (The Acts of 2022 ch.179, § 41) | 225 CMR 27.00: Building Energy Reporting.

Additional info: Large Building Energy Reporting Policy

Covered buildings: Commercial buildings 50,000 square feet and larger. Optional for buildings under 50,000 square feet.  

Requirements: Annual energy performance benchmarking; retuning report every five years with initial due dates that vary by building size. Benchmarking and retuning exemptions are available based on financial hardship, building age, use or occupancy, data availability, recent renovation, and other reasons. 

Penalties/incentives: $250 per day for first-time offense, $500 per day for repeat violation, effective one year afer the initial compliance date for benchmarking reports. Other legal remedies are possible, and the use of one enforcement option shall not preclude the use of another. Buildings in good standing are granted a maximum one-time, non-transferrable credit each retuning period that can be used for permit fees for retuning-related work, with the credit value varying by building size.

Compliance dates: Oct. 1, 2025 for the initial benchmarking report for buildings between 20,000 and 49,999 square feet, June 30 for all future benchmarking reports. Dec. 1 for retuning reports, with the initial deadline varying by building size.

Year passed: 2020

Link to implementing regulation: Article XII, Sec. 10-147: Building energy and water consumption benchmarking and retuning

Additional info: Benchmark305

The city is holding a training session May 12 to provide information on the Building Efficiency 305 program. The session will focus on troubleshooting reporting errors and submitting a report.

Covered buildings: Commercial and multifamily buildings 50,000 square feet and larger; municipal buildings 10,000 square feet and larger. 

Requirements: Annual energy use benchmarking data submitted via Energy Star Portfolio Manager. 

Penalties: $1,000 for each 90 days of noncompliance. Falsified data may draw a fine of $4,500 for the first violation and $6,500 for each subsequent violation. 

Compliance date: Sept. 30; 60-day compliance extension requests due by March 30.  

Year passed: 2024

Implementing regulation: Efficient Buildings Benchmarking Ordinance

Additional info: Milwaukee Efficient Buildings Benchmarking Program

Covered buildings: Buildings 50,000 square feet and larger served by an investor-owned utility in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or Washington County, or served by a municipal energy utility or investor-owned utilty and located in any city with a population of over 50,000 residents outside the Minneapolis-St. Paul metropolitan area.

Requirements: Annual benchmarking data submitted through the state’s Large Building Energy Benchmarking Portal, with property details and total energy consumed by the whole property entered into Energy Star Portfolio Manager. 

Penalties: Civil fine of $1,000, adjustable for inflation. 

Compliance date: June 1. 

Year passed: 2023

Implementing regulation: Minnesota Statute 216C.331

Additional info: Large Building Energy Benchmarking

The Minnesota Department of Commerce is providing educational webinars on the benchmarking program and how building owners can comply on May 28.

Covered buildings: Most commercial, multifamily and municipal buildings 25,000 square feet and larger.

Requirements: Annual benchmarking data report via Energy Star Portfolio Manager. Third-party data verification of initial benchmarking and every three years thereafter. Achieve normalized net site energy use intensity at or below interim and final benchmarking performance standard for that building size or type or implement a building performance improvement plan. 

Penalties: $500 per day fine for initial offense, $750 per day for repeat offenses, from the deadline until the energy benchmarking report is submitted. 

Compliance date: June 1 for benchmarking data.

Initial building energy performance standard compliance deadlines vary by building size and type. First compliance period begins September 2025. Interim deadlines for municipal and commercial buildings between 50,000 and 249,999 square feet, Dec. 31, 2028. Final BEPS deadlines are five years after interim deadlines.

Year passed: 2022

Implementing regulations: Executive Regulation #17-23AM

Additional info: Benchmarking and Performance Standard Requirements

Covered buildings: Commercial, multifamily and municipal buildings over 25,000 square feet. 

Requirements: Annual energy and water use benchmarking report via Energy Star Portfolio Manager.

Penalties: No fine for not meeting annual submission deadlines. 

Compliance date: July 1.

Year passed: 2018

Implementing regulation: NJ Clean Energy Act of 2018

Additional info: FAQ | Clean Energy Act Benchmarking

Covered buildings: Buildings 20,000 square feet and larger. 

Requirements: Annual report of energy use benchmarking data.

Penalties: Failure to comply may result in fines between $1,000 and $3,000. Penalties will be waived in the first year a property is required to comply.

Compliance dates: May 31. Properties 20,000 square feet and larger enter compliance on Jan. 1, 2027. 

Year passed: 2025

Implementing regulation: New Orleans Building Energy Benchmarking Ordinance (No. 35,154)

Additional info: Building Energy Benchmarking

Covered buildings: Buildings 20,000 square feet and larger.

Requirements: Annual energy and greenhouse gas emissions benchmarking report. Covered nonresidential buildings must reduce GHG emissions over time.

Penalties: Failure to comply with benchmarking requirements may result in a fine of $300 per day for each violation. Failure to reduce building emissions by the compliance schedule may result in fines of $234 per metric ton of carbon dioxide over the threshold. 

Compliance dates: Nonresidential buildings 100,000 square feet and larger must submit their first reports by Sept. 15, 2025, those between 20,000 and 99,999 square feet and residential buildings 20,000 square feet and larger by Sept. 15, 2026. 

Year passed: 2025

Implementing regulation: Building Emissions Reduction and Disclosure Ordinance No. C-55

Additional info: Building Emissions Reduction and Disclosure Ordinance

Update 10/5/26: The largest city in the U.S. saw high levels of compliance in its first enforcement year, with 95% of those required to file doing so and 95% of those meeting requirements for either emissions limits or one-time upgrades. Compliance will get more stringent as requirements tighten for 2030.  

Buildings with between 1% and 35% of their units rent-regulated must report in 2027.

Covered buildings: Commercial, multifamily and municipal buildings over 25,000 square feet, or groups of buildings over 50,000 square feet. Exceptions include some city-owned buildings, garden-style apartments, affordable housing, utilities and houses of worship. 

Requirements: Annual energy, water and emissions report. For buildings over 25,000 square feet, 40% emissions reduction by 2030, 80% by 2040. Different emissions limits apply to 60 property types associated with each type.

Penalties: Up to $268 for every ton of carbon dioxide equivalent emitted above annual allowance. 

Compliance date: June 30 to submit annual energy and water use report or to request a 120-day extension. Years properties must begin reporting and comply depend on property type and size. The city has published a list of its 2026 building sustainability deadlines.

Year passed: 2020

Implementing regulations: Local Law 97 | Local Law 84

Additional info: LL97 Greenhouse Gas Emissions Reduction

Covered buildings: The law divides covered buildings into two tiers. Tier 1 buildings are nonresidential buildings, hotels and motels exceeding 35,000 square feet. Tier 2 includes multifamily buildings, hospitals, schools, dormitories and university buildings over 35,000 square feet or nonresidential buildings, hotels and motels between 20,000 and 34,999 square feet. 

Requirements: Energy reporting and benchmarking; Tier 1 buildings must meet building performance standards for energy use intensity. 

Penalties: For Tier 1, reporting failures can incur a civil penalty up to $5,000 plus up to $1 per square foot per year; noncompliance with EUI targets can result in penalties up to $1,500 plus up to 20 cents per square foot per year. No Tier 2 penalties.

Compliance dates: June 1, with the year depending on tier and building size. Tier 1 buildings over 200,000 square feet begin reporting in 2028. Those between 90,000 and 200,000 square feet begin reporting in 2029. The remaining covered buildings begin reporting in 2030. Tier 2 covered buildings begin reporting in 2028. 

Year passed: 2023

Implementing regulation: HB 3409

Additional info: Building Energy Performance Standards

The Oregon Department of Energy is accepting applications for Building Energy Reduction Incentive program funding.

Covered buildings: City-owned buildings over 10,000 gross square feet and commercial or multifamily buildings over 50,000 square feet, with exemptions for “industry,” “manufacturing-intensive services” and theme park buildings.

Requirements: Annual whole-building energy use and greenhouse gas emissions report via Energy Star Portfolio Manager. For buildings with Energy Star scores under the national average of 50, an energy audit using either OUC’s or Duke Energy’s free audit service or retro-commissioning of their base building systems once every five years. Exemptions available based on financial hardship or certain metering or data access conditions.

Penalties: Buildings will be identified as noncompliant in an annual report on Orlando’s public benchmarking map. 

Compliance date: May 1.

Year passed: 2016

Implementing regulation: Ordinance 2016-64

Additional info: Building Energy & Water Efficiency Strategy

Update 10/5/26: The second cycle of the city’s building energy performance program compliance is open, with non-residential buildings between 100,000 and 200,000 square feet required to comply in 2027.

Covered buildings: Commercial and multifamily buildings 50,000 square feet and larger. 

Requirements: Annual energy and water use benchmarking report through Energy Star Portfolio Manager. Building “tune-ups” aimed at achieving more efficient energy and water use performed by an approved specialist every five years. Buildings may receive a tune-up exemption by certifying high performance through methods that include showing a Certified Energy Star score of at least 75, receiving certain green building certifications, participating in and completing utility retro-commisioning incentives offered by the local utility, completing a full retro- or re-commissioning, achieving energy savings of at least 15% or undergoing an energy audit no less stringent than an ASHRAE Level II standard.

Penalties: Fine of $2,000. After 30 days following the deadline, each day that an owner fails to submit a required report or take required action will result in a separate violation of $500. 

Compliance dates: June 30 for benchmarking reports; Sept. 30 for tune-ups, with tune-up deadline year varying based on building size.

Year passed: 2012 (benchmarking), 2019 (building performance standard)

Implementing regulation: Philadelphia’s Energy Benchmarking and Disclosure Law (Philadelphia Code section 9-3402). 

Additional info: Building Energy Benchmarking Program

Covered buildings: Nonresidential (commercial and municipal) buildings over 50,000 square feet; all nonresidential portions of a mixed-use building where a total of at least 50,000 square feet of indoor space is devoted to commercial use. 

Requirements: Annual energy and water consumption benchmarking report through Energy Star Portfolio Manager. 

Penalties: Building is publicly listed as noncompliant online, described as “eligible and non-participating.” 

Compliance date: June 1; exemption requests due 60 days prior on April 2. 

Year passed: 2016

Implementing regulation: Pittsburgh Building Benchmarking Ordinance

Additional info: How to comply | FAQ 

Covered buildings: Commercial buildings 20,000 square feet and larger.

Requirements: Annual energy and greenhouse gas emissions benchmarking report. 

Penalties: Fines up to $500 for every 90-day period. 

Compliance date: April 22.

Year passed: 2015

Implementing regulation: Commercial Building Energy Performance Reporting Ordinance (Chapter 17.104)

Additional info: Commercial Building Energy Reporting

Covered buildings: Commercial and multifamily buildings over 20,000 square feet. 

Requirements: Annual owners of covered buildings must submit energy use and greenhouse gas benchmarking reports. 

Penalties: Failure to comply may result in a fine of $40 per day, up to a maximum of $4,000 per year, for buildings 50,000 square feet or more. Covered buildings belows below that threshold may be fined $30 per day, up to a maximum of $3,000 per year. 

Compliance date: May 15. 

Year passed: 2023

Implementing regulation: Building Energy Reporting Program (Ordinance 2023-35)

Additional info: Building Energy Reporting

Update 10/5/26: Commercial buildings over 100,000 square feet must begin compliance monitoring in 2027 and meet standards in 2028, with reporting due April 1, 2028. Covered buildings between 50,000 and 99,999 square feet must report in 2029, followed by those between 30,000 and 49,999 square feet in 2032.

Covered buildings: Commercial, government (local agency) and multifamily buildings over 30,000 square feet, municipal buildings over 10,000 square feet.

Requirements: Annual energy and water use report; meeting energy use intensity and water use intensity goals, with performance verification every seven years. 

To fulfull performance targets, owners must have a qualified service company verify that the property achived one or more energy targets and one or more water targets for at least two of the seven years following the baseline year or has completed an alternative performance pathway. 

Penalties: Written notice, followed by fines of $100, $250 and $500 for first, second and third violations, respectively, for submitting incomplete or false benchmarking information or not meeting reporting or performance standard requirements. 

Compliance date: April 1

Year passed: 2019

Implementing regulation: RMC Chapter 14.30, Energy and Water Efficiency Program ordinance

Additional info: Energy and Water Efficiency Program

Covered buildings: Municipal and commercial buildings 25,000 square feet and larger.

Requirement: Annual benchmarking and reporting of Energy Star score via Energy Star Portfolio Manager. Municipal buildings and those with an Energy Star score below 50 must complete and submit docmentation of an energy efficiency (tune-up) consultation.

Penalties: Up to three written notices of noncompliance, each with a 90-day cure period. After third notice, up to $500 per violation, not exceeding $1,000 annually. 

Compliance date: May 1 for benchmarking report and tune-up evaluation report. 

Year passed: 2017

Implementing regulation: Salt Lake City Benchmarking Ordinance 

Additional info: Elevate Buildings

Covered buildings: Commercial buildings over 50,000 square feet and multifamily and mixed-use buildings over 50,000 square feet with 17 or more residential accounts.

Requirements: Annual energy benchmarking report submitted via Energy Star Portfolio Manager. 

Penalties: Prosecution for misdemeanor subject to fines as promulgated by the city manager. 

Compliance date: June 1

Year passed: 2019

Implementing regulation: Energy Efficient Building Benchmarking

Additional info: Building Energy Benchmarking

Covered buildings: Nonresidential buildings with 10,000 square feet or more of heated or cooled space and multifamily buildings with 50,000 square feet or more of heated or cooled space.

Requirements: Annual energy benchmarking report filed and provided to tenants. Energy audit, strategic decarbonization assessment or retro-commissioning study by qualified professional every five years. For nonresidential buildings 50,000 square feet or more in gross area, audit must meet ASHRAE Level 2 standards. For nonresidential buildings 10,000 square feet to 49,999 square feet, audit must meet ASHRAE Level 1 standards. 

Ordinance 220-19 requires commercial buildings of 250,000 gross square feet or greater to obtain electricity from 100% renewable sources. Buildings must document compliance by May 1, 2026.

Penalties: For buildings 50,000 square feet or more, up to $100 per day to a maximum $2,500 per year. For buildings 49,999 square feet or less, up to $50 per day to a maximum $1,250 per year. 

Compliance date: May 1  

Year passed: 2011

Implementing authority: Chapter 20, Existing Buildings Energy Performance Ordinance, San Francisco Environmental Code | Ordinance 220-19

Additional info: Existing Buildings Energy Ordinance

Update 10/5/26: The city will start accepting 2027 benchmarking submissions on March 1, 2027, with submissions or extension requests due by May 1.

Covered buildings: Commercial and multifamily buildings over 20,000 square feet.

Requirements: Annual energy and water use benchmarking report; energy and water efficiency performance verification at five year intervals. Buildings that do not meet performance standards must undertake and submit documentation of an audit, retro-commissioning or two targeted efficiency improvement measures.

Penalties: For buildings under 50,000 square feet, $25 for each day of noncompliance, up to $2,500 per calendar year. For buildings 50,000 square feet and larger, $50 per day of noncompliance, up to $5,000 per calendar year.

Compliance dates: May 1 for benchmarking reports or 180-day extension requests; April 1 for exemption requests.

Year passed: 2018

Implementing authority: San Jose Code of Ordinances, Chapter 17.85.400

Additional info: Energy and Water Building Performance Ordinance

Update 10/5/26: The first performance deadline for buildings over 90,000 square feet is just over a year away, on Oct. 1, 2027. The city has released new two- and four-page guides covering the basics of BEPS and how to get started with reducing emissions and complying. 

Seattle is also offering one-on-one BEPS support for eligible building owners of multifamily and commercial buildings over 20,000 feet; the program will launch in October and owners can fill out an interest form online.

Covered buildings: Commercial and multifamily buildings over 20,000 square feet.

Requirements: Annual energy and emissions benchmarking report. Nonresidential buildings and nonresidential spaces 50,000 gross square feet and larger must perform a building tune-up every five years. A building emissions performance standard law, enacted in 2023, is undergoing rulemaking with requirements expected to begin in 2027.

Penalties: Benchmarking report, annual penalties of $2,000 for buildings 20,000 to 49,999 square feet; $4,000 for buildings $50,000 square feet or larger. Building tune-up, first violation penalties range from $2,000 to $5,000 and second violation penalties range from $8,000 to $20,000 based on building size.

Compliance dates: June 1 for benchmarking and reporting; Oct. 1 for building tune-ups. 

Year passed: 2023

Implementing authority: Energy Use Benchmarking (Chapter 22.920) | Building Tune-Ups Ordinance (Chapter 22.930)

 Additional info: Buildings & Energy 

Update: 10/5/26: The second building performance cycle standards were set on May 1, giving covered buildings until 2029 to improve performance, when they must have their data verified and assessed for compliance.

Covered buildings: Commercial, residential and industrial buildings with gross floor area over 50,000 square feet. 

Requirements: Annual energy and water benchmarking report via Energy Star Portfolio Manager. Achieve energy use intensity building performance standard for each property type based on three years of local benchmarking data, with new standards set every four years.

Penalties: Failure to file a benchmarking report within 60 days of receiving a written warning could result in fines of $50 to $200 per day. Buildings not in compliance will not receive new residential or commercial occupancy permits. 

Compliance date: May 1.

Year passed: 2020

Implementing authority: St. Louis Ordinance 71132

Additional info: Building Energy Awareness Ordinance

Update 10/5/26: The state has updated its standard to give building owners working toward compliance timeline extensions. It has also introduced additional exemption categories and created  alternative compliance pathways. 

Tier 2 covered buildings between 20,000 square feet and 50,001 square feet and all multifamily residential buildings over 20,000 square feet must report by July 1, 2027. The state is hosting a webinar on the investment criteria compliance pathway on Oct. 7. 

A full list of updates can be found here.

Covered buildings: Residential and nonresidential buildings 20,000 square feet and larger.

Requirements: Annual energy and greenhouse gas emissions benchmarking report. Owners must implement an operations and maintenance program and create an energy management plan. Tier 1 covered buildings (50,000 square feet or larger) must meet an energy performance metric or prove alternative compliance. 

Penalties: Up to $5,000 plus an amount based on the duration of any continuing violation. The additional amount may not exceed a daily amount of $1 per year per gross square foot of floor area. 

Compliance dates: June 1 for Tier 1 covered buildings, July 1 for Tier 2 covered buildings, with initial compliance year based on square footage: June 1, 2026, for Tier 1 buildings more than 220,000 square feet. June 1, 2027, for Tier 1 buildings over 90,000 square feet and under 220,001 square feet. June 1, 2028, for Tier 1 buildings over 50,000 square feet and under 90,001 square feet. July 1, 2027, for Tier 2 covered buildings over 20,000 square feet and under 50,001 square feet and all multifamily residential buildings over 20,000 square feet. 

Year passed: 2022

Implementing authority: Substitute Senate Bill 5711 | State energy performance standard (RCW 19.27A.210)

Additional info: Clean Building Performance Standard 

Update 10/5/26: The Washington, D.C., FY27 Budget Support Act shifted BEPS Cycle 2 applicability one year back for buildings under 50,000 square feet. Buildings between 25,000 and 50,000 square feet now must report in 2029. Buildings between 10,000 and 25,000 square feet must report in 2035. 

The act does not delay requirements for BEPS Cycle One, which applies to privately owned buildings over 50,000 square feet and city-owned buildings over 10,000 square feet. Cycle One ends on December 31, 2026, with final calendar year energy use data due by May 2027. 

Washington, D.C., has published a revised version of its compliance and enforcement guidebook to provide more flexibility and clarity to building owners. It also stated plans to release a framework for good-faith effort in late 2026 that will outline a mechanism for compliance payment reductions due to outlying circumstances.

Covered buildings: All buildings over 10,000 square feet. 

Requirements: Annual energy and water use report via Energy Star Portfolio Manager. Third-party verification of performance every six years. Achieve building performance standard for property type, no lower than the local median Energy Star Score, or equivalent metric of source energy use intensity. 

Penalties: Failure to submit required documentation, $500; failure to submit selection of a compliance pathway, $1,000; compliance measures that pose a threat to the health and safety of building occupants or users, $2,000, each for the first offense. Other compliance failures face fines of up to $10 per square foot of gross floor area, with a maximum of $7.5 million. 

Compliance date: May 1. Privately-owned buildings over 25,000 square feet begin compliance in 2029, followed by those over 10,000 square feet in 2035. The first BEPS compliance cycle ends Dec. 31, 2026, with end-of-cycle benchmarking reporting due May 1, 2027. 

Year passed: 2018 (amended 2024)

Implementing authority: Building Energy Performance Standards Amendment Act of 2024

Additional info: Building Performance Helpdesk