Benchmarking & BPS Policy in California

Overview: Under California’sBuilding Energy Benchmarking Program, property owners are required to report benchmarking for most buildings 50,000 square feet or larger to the California Energy Commission (CEC) annually for the previous year by June 1. This is also known as the AB802 Building Energy Benchmarking Program. Compliance and building performance are publicly disclosed unless a trade secret exemption is requested and granted.

Property size threshold: 50,000 square feet gross floor area (GFA). GFA includes all square footage within the exterior walls of the building. Covered parking structures should be included. (Note that multiple buildings that are on the same parcel or adjacent parcels and share an energy meter may be considered one property. If this property meets the threshold for reporting, reporting is required.)

Covered buildings: Commercial buildings over 50,000 square feet (with no residential units); multifamily buildings (including mixed-use) with 17 or more units or residential utility accounts.

Exempted buildings: Industrial/manufacturing (>50% of gross floor area); condomiums; buildings under 50,000 square feet; multi-family buildings with less than 17 utility accounts; buildings that did not have a certificate of occupancy (or temporary certificate of occupancy) for more than half of the calendar year for which reporting is required; buildings scheduled for demolition within one year of the reporting date; buildings in jurisdictions with their own CEC-approved benchmarking programs. Properties on specified tribal lands. Buildings owned by the federal government.

Metrics tracked: Annual consumption data for energy.

Reporting deadline: June 1

Reporting tool: ENERGY STAR Portfolio Manager

Reporting link:CEC Reporting Page

Public disclosure portal:Data |Compliance Status

• Helpful resources:

• Program overview page (CEC)

• Program Resources Center – contains how-to guides, fact sheets and templates, demo videos, and links utility support resources.

• FAQ

For Help: CEC’s Benchmarking Hotline at Benchmarking@energy.ca.gov or (855) 279-6460.

Penalties: The Energy Commission has the authority to issue fines for noncompliance, after allowing a 30-day period to correct a violation. Building owners who have missed the June 1 reporting deadline are urged to report as soon as possible.

Overview: Under Berkeley’sBuilding Emissions Savings Ordinance (BESO), owners of buildings larger than 15,000 square feet must submit an annual benchmarking report. Owners of buildings 25,000 square feet or larger must additionally submit an energy assessment report conducted by aregistered BESO Energy Assessor every five years (buildings with and ENERGY STAR Score of 80 or above are exempted). For smaller buildings (850 – 25,000 square feet), the ordinance requires energy assessments when buildings are listed for sale.

Property size threshold: 15,000 square feet gross floor area (GFA) for benchmarking; 25,000+ square feet GFA for large building Energy Assessments; 850 – 25,000 square feet GFA for time-of-sale Energy Assessments. GFA includes all square footage within the exterior walls of the building. Covered parking structures should be included. (Note that multiple buildings that are on the same parcel or adjacent parcels and share an energy meter may be considered one property. If this property meets the threshold for reporting, reporting is required.) [For single-family residential (1 to 4 units), new time-of-sale requirements go into effect on January 1, 2026.]

Covered buildings: Buildings on the Covered Building List. Generally all commercial and residential buildings fitting the size threshold above and not granted an exemption (see below).

Exempted buildings: Note that exemptions must be applied for. Exemptions from benchmarking requirements are available for the following building types: Industrial/lab (>50% of gross floor area); residential buildings with 5 or fewer residential utility accounts with at least one refusing data authorization; demonstrated trade secret exemption. Exemptions from the Large Building Energy Assessment are available for the following building types: high performance buildings that hold an approved green building certification; buildings that recently completed a multi-measure energy upgrade; buildings with long-term tenancy under rent control; projects that have recently been constructed or undergone extensive renovation; buildings with a verified ENERGY STAR score of 80 or greater.

Deferrals: Note that deferrals must be applied for. Deferrals are available for the following building types:

Metrics tracked: Annual consumption data for energy.

Reporting deadline: July 1

Reporting tool: ENERGY STAR Portfolio Manager

Reporting link: Find the submission links here.

Public disclosure portal: Data |Compliance Status

Helpful resources:

• Benchmarking program overview page (Berkeley)

• Energy Assessments for Large Buildings program page

• BESO Municipal Code

For Help: BESO Team: beso@cityofberkeley.info / 510-981-7465.

Penalties: Late Compliance: Administrative Late Fee shall be paid by Building Owners who fail to complete a BESO application prior to listing or an Energy Assessment by the building’s specified assessment due date. In case of building owners failure to meet reporting deadlines, the following can happen: citations begin at $100 per violation, and may increase to $200.00 to $500.00 per violation, per day; Upon Sale of a Building or transfer of title due to default or deed in lieu of foreclosure, any and all fines accrued under this section remain the responsibility of the seller.

Fees: A $275 filing fee is required when submitting an Energy Assessment

Overview: Under Brisbane’s Building Efficiency Program (BBEP), owners of buildings 10,000 square feet and larger must report annual energy and water use and demonstrate compliance with “Beyond Benchmarking” requirements by either demonstrating that their buildings are high performing or conducting an audit and making improvements to the building.

Property size threshold: All buildings larger than 10,000 square feet gross floor area (GFA) for benchmarking and city-owned buildings 2,000 square feet and larger.

Covered buildings: Commercial, industrial, and multifamily buildings that meet the size threshold are required to do annual benchmarking and comply with “Beyond” requirements. Buildings that do not qualify for the Performance Path must perform an audit in year 1, create an improvement plan by year 3, and complete actions by year 5 (deadlines differ by building type).

Exempted buildings: The following buildings are exempt from benchmarking requirements: Single-family homes and multifamily buildings with fewer than four units; buildings owned by the federal government; buildings scheduled for demolition. Buildings that were vacant, did not have a certificate of occupancy, or did not have utility services for more than half of the year for which reporting is required;

The following buildings are exempt from Beyond Benchmarking requirements: Buildings scheduled from demolition; buildings scheduled for sale within the compliance deadline and the property owner has conducted a real estate appraisal within the last calendar year; Buildings constructed within 5  years of the compliance deadline. Buildings that have undergone significant renovations and occupied for less than half the previous calendar year. Partial exemptions are available for buildings that have been less than half occupied for more than half of the year before the compliance cycle or that did not receive energy or water services for more than half of the year before the compliance cycle.

Beyond Benchmarking Compliance options:

1.        The Performance Pathway have a variety of compliance options, including: LEED O&M certification; ENERGY STAR score above 80; efficiency improvements over the baseline year; onsite solar or battery storage meeting; and more. See the Compliance Guide for details.

2.        The Prescriptive Pathway requires: 1) an energy or water audit by a qualified auditor; 2) conduct retro commissioning OR undergo of one of the approved improvement measures, such as weatherization, lighting upgrades, appliance electrification, greywater systems, etc. OR adopt a green lease. See the Compliance Guide for details.

3.        Note that energy and water can take the same or different pathways

Metrics tracked: Annual consumption data for energy and water.

Reporting deadline: May 15

Reporting tool: ENERGY STAR Portfolio Manager

Reporting link: The reporting links are listed here.

Public disclosure portal:

Helpful resources:

• Brisbane’s Building Efficiency Program page

• The city’s covered buildings list and assigned building type

• A comprehensive “How to Comply Guide” developed by the city.

For Help: Brisbane Building Efficiency Program: (415) 347-2010 or use their Contact form.

Penalties: $100 per violation, plus up to $25 per day, with a maximum of $1,000 per violation. $85 administrative late fee.

Overview: Under Chula Vista’s Building Energy Saving Ordinance, properties 20,000 square feet and larger have to report energy use data annually and demonstrate high performance or conduct an ASHRAE Level 1 audit every five years beginning in 2026. Larger buildings are required to perform retro-commissioning every five years. Buildings with a baseline Energy Star score below 66 must undertake cost effective energy conservation measures to improve EUI by 10-15% by 2031.

Property size threshold: 20,000 square feet; 50,000 square feet for retro-commissioning requirement.

Covered buildings: Commercial, residential, and city-owned buildings.

Exempted buildings: Properties with 5 or fewer meters, at least one of which is residential. Buildings owned by the federal, state, or county governments; buildings owned by the school district. Buildings that were not occupied for at least half of the year required to be Benchmarked; buildings with a demolition permit for the entire Property; buildings that are presently experiencing qualifying financial distress.

BPS Compliance targets (Starting in 2031): Every 10 years beginning in 2031, all properties must achieve a minimum level of improvement in EUI from the baseline. Improvement requirements of 10-15% are based on the ENERGY STAR score (or EUI if no ENERGY STAR score is available) in the baseline year. Buildings with an ENERGY STAR score of 66 (EUI of 19) or greater in their baseline year do not have to demonstrate any improvement.

BPS Compliance Pathways (begins in 2026):

A.       High Performance: Annual benchmarking. Demonstrate high performance via one of the following: ENERGY STAR score of 80 or more or, if building type is not eligible for an Energy Star score then an Energy Use Intensity (EUI) of 18 or less; Energy Star certification during preceding year; LEED Existing Building Certification 3 of 5 preceding years.

B.       Minimum Improvement: Annual benchmarking. Demonstrate a minimum EUI improvement from the baseline year. Improvement requirements are based on the ENERGY STAR score (or EUI if no ENERGY STAR score is available) in the baseline year.

C.      Energy Audits: Buildings between 20,000 – 50,000 square feet that have not met the performance requirements can comply by conducting an ASHRAE Level 1 audit every five years beginning in 2026 and submitting a report that identifies information about the energy conservation measures that can be done to improve the performance of the building.

D.      Retro-commissioning: Buildings with more than 50,000 square feet of conditioned space that have not met the performance requirements can comply by conducting the Energy Audit as described above plus AHRAE 0.2 Retro-commissioning every five years beginning in 2026.

E.        Multi-family Prescriptive Upgrades: Multifamily residential properties constructed prior to 2006 with separately metered units paid by tenants must perform (or have performed) a set number of prescriptive measures, from a list provided by the city. The number of required measures is based on the age of the building and the climate zone it is located within.

Covered buildings (Energy Audits – begins in 2026): Buildings that do not demonstrate high performance via one of the following: ENERGY STAR score of 80 or more or, if building type is not eligible for an Energy Star score then an Energy Use Intensity (EUI) score of 18 or less; Energy Star certification during preceding year; LEED Existing Building Certification 3 of 5 preceding years.

Covered buildings (Retro-Commissioning – begins in 2026): Buildings with 50,000 square feet or larger of conditioned space. Buildings are exempted if they have demonstrated high performance as described above or if they have major changes in operation in the past six months or planned during the next year.

Metrics tracked: Annual energy consumption data

Reporting deadline: May 20

Reporting tool: ENERGY STAR Portfolio Manager

Reporting link: Find all reporting links on the city’s program page.

Public disclosure portal: benchmark.chulavistaca.gov

Helpful resources:

• Chula Vista’s BESO program page

• Benchmarking Exemption or Extension Request Forms

• No-cost ASHRAE Level 2 energy audit application form

For Help: Email benchmark@chulavistaca.gov or call (619) 691-5134.

Penalties: Annual noncompliance fines for the benchmarking requirement ranges from $750 to $2,500 depending on the property size.

Overview: Under the City of Los Angeles’s Existing Buildings Energy & Water Efficiency (EBEWE) Program, buildings 20,000 square feet or larger must report annual energy and water use and conduct audits and retro-commissioning (A/RCx) every five years, unless they demonstrate high performance.

Property size threshold: Applies to private buildings that are 20,000 square feet or larger and city-owned buildings 7,500 square feet or more (15k square feet for A/RCx)

Covered buildings: Applies to Base Building Systems (no tenant subsystems or industrial applications)

Exempted buildings: Exceptions for one and two family dwellings; residential hotels; film and television production; buildings without a certificate of occupancy for the entire year; or not fully occupied due to renovation for the entire year; a demolition permit has been issued; the building had no energy or water services for the entire year

An Energy A/RCx is not required if:

• The building received ENERGY STAR Certification for the year of the building's compliance due date or two of the three years preceding the building's compliance due date;

• For buildings not eligible to receive an ENERGY STAR® score, a California licensed engineer or architect certifies that the energy performance of the building is at least 25% better than the median energy performance of similar buildings

• A California licensed engineer or architect certifies that the building has reduced its weather normalized source energy use intensity as calculated by the benchmarking tool by 15%, when compared to five years preceding the building ’s compliance due date

• A building which does not have a central cooling system and where four of the following six measures were completed within the five-year compliance cycle being reported: common area and exterior lighting; pipe insulation; cool roof; demand response; solar thermal; domestic hot water

• The building is new and has been occupied for less than five years

A Water A/RCx is not required if:

• Building has reduced its water use intensity by at least 20% when compared to the five years preceding

• Two of the three following measures have been installed within five years of the due date: (all) low flow faucets and shower heads; washing machines; (all) water closets and urinals;

• The building ’s water use conforms to the requirements of the Los Angeles Municipal Code and the California Building Standards Code (California Code of Regulations, Title 24) in effect at any time during the five-year compliance cycle

• The building has been occupied for less than 5 years

Extensions are available for buildings that are under temporary financial or legal distress.

Metrics tracked: Annual consumption data for energy and water.

Reporting deadline: April 1

Reporting tool: ENERGY STAR Portfolio Manager

Reporting link: Click “how to comply with benchmarking” on this page for the links.

Public disclosure portal: Compliance map

Helpful resources:

• The city’s EBWEBE program page.

• LADWP’s Building Benchmarking page

• Retrofit.LA EBEWE Resource Center

For Help: Find help & contact resources here or request support with the Benchmarking Assistance Navigator.

Fees and Penalties: Noncompliance fee: $202; Compliance submittal fees: $61 for benchmarking reports; $183 for A/RCx; Surcharge: 6% surcharge, which goes to the “Building and Safety Systems Development Account” of the Department of Building and Safety Building Permit Enterprise Fund

Overview: Under San Diego’s Building Energy Benchmarking policy, benchmarking requirements are very similar to the state’s. Most commercial and residential buildings over 50,000 square feet in size must report energy use to the city annually.

Property size threshold: 50,000 square feet

Covered buildings: Commercial buildings and multi-family (including mixed-use) properties with 17 or more residential units.

Exempted buildings: Condominiums, buildings with 1-16 residential utility accounts, buildings where more than half the gross floor area is manufacturing, industrial, or lab space, and property owned by the federal, state, and county government, as well as the Metropolitan Transit Service and San Diego Unified School District. Exemptions may also be granted for: buildings that were not occupied for more than six months of the prior year; buildings where demolition work has begun; or data is unavailable due to tenant refusal; or a trade secret exemption is requested.

Metrics tracked: Annual energy consumption data

Reporting deadline: June 1

Reporting tool: ENERGY STAR Portfolio Manager

Reporting link: See the city’s How to Submit Data page

Helpful resources:

• The Planning Department’s benchmarking program page.

• The BEAM help desk for San Diego contains a detailed explanation of the policy and a list of Benchmarking Resources

• Recorded benchmarking webinars

• Covered Buildings List

For Help: Reach out to the BEAM help desk for San Diego.

Penalties: The city has the authority to fine building owners who do not comply with the policy up to $1,000 for each and every day they are out of compliance, but the city is primarily focused on increasing compliance rates and educating building owners and managers rather than levying fines.

Overview: Under San Francisco’s Existing Buildings Energy Ordinance, non-residential buildings with 10,000 square feet or more of conditioned space are required to submit annual benchmarking and conduct energy audits every five years or develop a strategic decarbonization assessment. The largest commercial buildings are also required to obtain all electricity from renewable sources by subscribing to a qualifying service. Multifamily buildings with 50,000 square feet or more of conditioned space are required to conduct annual benchmarking.

Property size threshold: 10,000 square feet of conditioned space for non-residential buildings and 50,000 square feet of conditioned space for multifamily buildings.

Covered buildings (Benchmarking): All privately owned buildings meeting the property-size threshold

Covered buildings (Energy Audit/Decarbonization Assessment): Commercial buildings 10,000 to 49,999 square feet in size are required to perform an ASHRAE Level I or above energy audit, while commercial buildings 50,000 square feet and larger are required to perform an ASHRAE Level II audit.

Covered buildings (Renewable Electricity): Commercial buildings 250,000 square feet and larger. Buildings between 50,000 and 250,000 square feet need to comply by December 31, 2030.

Metrics tracked: Annual energy consumption data

Reporting deadline: May 1

Reporting tool: ENERGY STAR Portfolio Manager

Public disclosure portal: EBO Compliance Look-Up tool

Helpful resources:

• San Francisco’s Existing Buildings Energy Ordinance program page

Overview: Under San José’s Energy and Water Building Performance Ordinance (BPO), owners of nonresidential and multifamily buildings that are at least 20,000 square feet or larger much report energy and water use annually. Under the city’s Beyond Benchmarking program, buildings are also required to meet energy and water efficiency standards on a rolling five-year basis, or perform improvements. Beyond Benchmarking compliance timelines are assigned based on the overall Gross Floor Area (GFA) and ending Assessor’s Parcel Number (APN) of the covered building, and listed in the city’s Covered Buildings List. The first year of Beyond Benchmarking implementation was 2023.

Property size threshold: 20,000

Covered buildings: Privately-owned nonresidential and multifamily buildings.

Exempted buildings: Buildings with Heavy or Light Industrial zoning, or in which more than half of the gross floor area is used for scientific experiments requiring controlled environments, or for manufacturing or industrial purposes, are eligible for a permanent exemption from the ordinance. If the building was vacant due to renovations, demolition, or lacks a Certificate of Occupancy, that property may be exempt from reporting for the corresponding reporting year only. New buildings that have been occupied for less than five years from their first compliance due date can be granted a temporary exemption from the Beyond Benchmarking policies only.

Beyond Benchmarking Compliance Pathways:

Note that a property can take the same or different pathways for energy and water.

• Performance Pathway (Energy): The building has achieved one or more of the following standards for at least two of the three calendar years preceding it’s Beyond Benchmarking deadline, as verified by a properly licensed professional:

  • LEED™ Existing Buildings Operations and Maintenance Certification

  • An ENERGY STAR Score of 75 or greater

  • Has improved its ENERGY STAR Score by fifteen points or more relative to its performance during the baseline year

  • Has a weather normalized site Energy Use Intensity as calculated by the ENERGY STAR® Portfolio Manager® that is twenty-five percent (25%) below the calculated mean for that property type

  • Has reduced its weather normalized site Energy Use Intensity by at least fifteen percent (15%) relative to its performance during the baseline year.

• Performance Pathway (Water): The building has achieved one or more of the following standards for at least two of the three calendar years preceding it’s Beyond Benchmarking deadline:

  • Has a Water Use Intensity that is 25% below the locally calculated mean for that property type

  • Has reduced its Water Use Intensity by at least 15% relative to its performance during the baseline year

  • (Multifamily Only) Has received a US EPA Water Score of 75 from the US EPA

  • (Multifamily Only) Has improved its US EPA Water Score by fifteen points or more relative to its performance during the baseline year.

• Improvement Pathway: Implement one of three actions for each unmet standard, and submit a corresponding report authored by a licensed professional:

  • Audit conducted by a Qualified Auditor

  • Retro-commissioning (RCx) conducted by a Qualified Retro-commissioning Professional

  • Two Targeted Efficiency Improvement Measures, selected from a pre-approved list. Each action must have been completed no earlier than five years prior to the building’s Beyond Benchmarking deadline. At a minimum, the action must be planned, and a service provider selected, by the building’s Beyond Benchmarking deadline.

Metrics tracked: Annual consumption data for energy and water

Reporting deadline: May 1

Reporting tool: ENERGY STAR Portfolio Manager

Reporting link: See the city’s program page.

Helpful resources:

• San José’s BPO Benchmarking program page and FAQ

• San José’s Beyond Benchmarking program page and FAQ

• San José’s List of Qualified Service Providers that are qualified to perform performance verification, ASHRAE Level II energy audits and/or retro-commissioning for compliance with the Beyond Benchmarking Ordinance. The city makes no representations about the providers on the list, and property owners may also use non-listed providers that meets the qualifications required by the Ordinance.

For Help: Email: benchmarking@sanjoseca.gov or call (408) 975-2540

Fees: Benchmarking reporting fee of $150 per covered building.