Category: Energy Policy

WHAT IS BENCHMARKING?

DOWNLOAD LOS ANGELES EBEWE BROCHURE

COMPLIANCE GUIDE

WHAT IS THE CALIFORNIA ASSEMBLY BILL 802?

Commercial buildings with more than 50,000 sq. ft. and no residential utility accounts, and multifamily residential buildings with more than 50,000 sq. ft. and 17 or more utility accounts must submit whole-building energy benchmarking reports annually.

AB 802 PROGRAM HIGHLIGHTS

Policy

CLEAN ENERGY AND POLLUTION REDUCTION ACT SB 350

Bill Text

CA ASSEMBLY BILL 802

Enforcing Agency

CALIFORNIA ENERGY COMMISSION (CEC)

Size of Property

50,000 SQ. FT. AND ABOVE

Property Type

COMMERCIAL, INDUSTRIAL, MULTIFAMILY BUILDINGS

Required Information

12 MONTHS ENERGY AND BUILDING USE DATA

Phase II Building Performance
Standards

N/A

Due Date

JUNE 1, ANNUALLY

Fees

N/A

DOWNLOAD AB 802 BROCHURE

EXEMPTIONS FROM BENCHMARKING

No/temporary certificate of occupancy for more than half of the reporting calendar year.
The building is scheduled to be demolished one year or less from the reporting date.
Condominium complexes.
When more than half of the gross floor area of a building is used for scientific experiments requiring controlled environments, or for manufacturing with production lines or industrial purposes.
The building is in compliance with its local disclosure law listed on the CEC’s website (e.g. City of LA’s EBEWE), granted that the square footage requirements are met by each program.

PROGRAM ENFORCEMENT

Public Resource Code #25321 states:¨If after five working days, the owner does not comply, the owner will be subject to a civil penalty (after a hearing that complies with constitutional requirements. Civil Penalty will not be less than $500 nor more than $2,000 for each category of data for each day the violation existed and continues to exist.”

WHAT IS BENCHMARKING

ENERGY STAR benchmarking measures a building's efficiency performance by calculating its energy/water, and property use data, then compares those metrics to similar buildings in the EPA's software. The building may receive an ENERGY STAR score from 1-100, with 100 being the most energy efficient. Eligible building types with a score over 75 may be eligible for ENERGY STAR Certification.

AS BENCHMARKING CONSULTANTS AND ESG REPORTING EXPERTS, WE WILL WORK WITH YOU TO DEVELOP A BUILDING PERFORMANCE BASELINE FOR COMPLIANCE

Green Econome takes an accurate, efficient, and comprehensive approach to ENERGY STAR® benchmarking that ensures you receive meaningful data about the performance of your building for disclosure compliance, ESG reporting, green loans, auditing, or whatever your project needs may be. Our property use details and utility data collection, review, and verification process leads to complete benchmarking.

RELEVANT SERVICES

Energy Policy

Los Angeles Existing Buildings Energy and Water Efficiency Program

February 1, 2024 admin

PHASE II BUILDING PERFORMANCE STANDARDS

LA EBEWE PHASE II A/RCx COMPLIANCE SCHEDULE

PERFORMANCE PATHWAY DETAIL

PRESCRIPTIVE PATHWAY DETAIL

GREEN ECONOME PHASE II PROCESS

COMPLIANCE GUIDE

WHAT IS THE LOS ANGELES EXISTING BUILDINGS ENERGY AND WATER EFFICIENCY PROGRAM?

The City of Los Angeles Existing Buildings Energy and Water Efficiency Program (EBEWE), is a two-part local ordinance. Phase I benchmarking requires commercial buildings with more than 20,000 sq. ft. and no residential utility accounts, and multifamily residential buildings with more than 20,000 sq. ft. and 17 or more utility accounts to submit whole-building energy and water benchmarking reports annually. Phase II Audit/Retro-commissioning (A/RCx) requirements are due every five years and compliance is based on the benchmarking results and performance of the building.

DOWNLOAD THE LA EBEWE BROCHURE

LA EBEWE PROGRAM HIGHLIGHTS

Policy

LOS ANGELES' GREEN NEW DEAL

Bill Text

DIVISION 97 TO THE LOS ANGELES MUNICIPAL CODE (LAMC)

Enforcing Agency

LOS ANGELES DEPT. OF BUILDING AND SAFETY (LADBS)

Size of Property

20,000 SQ. FT. AND ABOVE

Property Type

COMMERCIAL, INDUSTRIAL, MULTIFAMILY BUILDINGS

Required Information

12 MONTHS ENERGY, WATER AND BUILDING USE DATA

Phase II Building Performance
Standards

AUDITS & RETRO-COMMISSIONING (A/RCx) REQUIREMENT

Due Date

BENCHMARKING: JUNE 1, ANNUALLY

A/RCx REQUIREMENT: EVERY 5 YEARS

Fees

$66.41 ANNUAL BENCHMARKING REGISTRATION FEE

$199.22 5-YEAR A/RCx REGISTRATION FEE

EXEMPTIONS FROM BENCHMARKING

The building is scheduled to be demolished within the calendar year.
The building is and/or was unoccupied for the entire compliance year.
The building did not receive energy or water service during the entire compliance year.
The building use types are excluded in 91.9703. SCOPE.

Compliance List: LA City Public Disclosure Dashboard

PROGRAM ENFORCEMENT

$202 non-compliance fee. Payment of this fine does not constitute compliance.

PHASE II BUILDING PERFORMANCE STANDARDS

Every 5 years, covered buildings must undergo an ASHRAE Level II Energy & Water Audit and Retro-Commissioning (A/RCx), unless they meet certain energy and/or water exemptions.

OPTION 1

PERFORMANCE PATHWAY

Meet Energy and/or Water Exemptions based on program-defined efficiency standards.

OPTION 2

PRESCRIPTIVE PATHWAY

Perform an ASHRAE Level II Energy and/or Water Audit and Retro-Commissioning (A/RCx) Report.

LA EBEWE PHASE II A/RCx COMPLIANCE SCHEDULE

LAST DIGIT OF DBS BUILDING ID	INITIAL COMPLIANCE DUE DATE	ENERGY CONSUMPTION COMPARATIVE PERIOD	NEXT COMPLIANCE DUE DATE
0 or 1	Dec 1, 2021 Sept 7, 2023*	Dec 1, 2016 - Dec 1, 2021 Sept 1, 2018 - Sept 1, 2023	Dec 1, 2026
2 or 3	Dec 1, 2022 Sept 7, 2023*	Dec 1, 2017 - Dec 1, 2022 Sept 1, 2018 - Sept 1, 2023	Dec 1, 2027
4 or 5	Dec 1, 2023*	Dec 1, 2018 - Dec 1, 2023	Dec 1, 2028
6 or 7	Dec 1, 2024	Dec 1, 2019 - Dec 1, 2024	Dec 1, 2029
8 or 9	Dec 1, 2025	Dec 1, 2020 - Dec 1, 2025	Dec 1, 2030

* Bold text (0-3) reflects the reissued due date from tolled deadlines.
* Green Econome can provide historic benchmarking and Phase II reporting, to bring any past-due EBEWE compliance up to date.

OPTION 1: PERFORMANCE PATHWAY DETAIL

Buildings that meet an Energy Exemption are not required to have an Energy Audit & RCx. Likewise, buildings that meet a Water Exemption are not required to have a Water Audit & RCx. All Energy and Water Exemptions, except Water Exemption #4, must be certified by a California-licensed architect or engineer.

ENERGY EXEMPTIONS

Buildings must meet one of the following requirements to be exempt:

ENERGY STAR Certification for the building’s compliance year (CY). Requires ENERGY STAR score greater than 75.
ENERGY STAR Certification for two of the three years preceding the building’s compliance year. Requires ENERGY STAR score greater than 75.
For property types not eligible to receive an ENERGY STAR score, the building must perform 25% better than the national median of similar building types.
The building has reduced its Source Energy Use Intensity (EUI) by 15% when compared to the five years before a building’s compliance due date.
A building that does not have a central cooling system or has a cooling system having an aggregate input capacity of less than 100 refrigeration tons (1,200,000 Btu/h) and has completed four of six prescribed measures within the five-year Phase II compliance cycle, in accordance with Title 24, and permitted when required.
The building is new and has been occupied for less than five years based on the Temporary or Final Certificate of Occupancy.
The tenant pays the energy and water bills as specified in Section 91.9704.

WATER EXEMPTIONS

Buildings must meet one of the following requirements to be exempt:

The building has reduced its Water Use Intensity by at least 20% when compared to the five years prior to the building’s compliance due date.
A building with no central cooling system or a cooling system that does not operate by the consumption of water as part of the cooling process and has installed two of the three prescribed measures within the five-year Phase II compliance cycle, in accordance with Title 24, and permitted when required.
The building’s water use conforms to the LA Municipal and Title 24 Code in effect at any time during the five-year compliance cycle.
The building is new and has been occupied for less than five years based on the Temporary or Final Certificate of Occupancy.
The tenant pays the energy and water bills as specified in Section 91.9704.

OPTION 2: PRESCRIPTIVE PATHWAY DETAIL

ASHRAE LEVEL II AUDIT (A)

The American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) Level II Audit includes an in-depth identification and documentation of a building’s energy and water-use equipment, by examining existing conditions to pinpoint potential areas of improvement for energy and water efficiency. A building must meet or exceed ASHRAE Level II standards to comply.

RETRO-COMMISSIONING REPORT (RCx)

The report creates a schedule of maintenance and repairs (i.e. “tune-ups”) for existing building systems (energy and water). The owner does not have to utilize these options to comply with the ordinance. The owner must only be informed that such options and incentives exist.

GREEN ECONOME PHASE II (A/RCx) PROCESS

1. Evaluate the Phase I benchmarking report(s) for the building's least-cost path to Phase II compliance (or complete benchmarking, if annual disclosure hasn't been met).
2. Provide Phase II proposals for applicable services.
3. Upon signed agreement, fulfill Phase II services, submit compliance requirements to the City, and provide reports to the building owner/representative.

Meeting exemptions can save up to 65% off the cost of a full ASHRAE Level II Audit/RCx Report. If you need benchmarking performed or an evaluation of your existing benchmarking report, please contact us right away. Our company has been working with Los Angeles EBEWE compliance since the beginning.

AS BENCHMARKING CONSULTANTS AND ESG REPORTING EXPERTS, WE WILL WORK WITH YOU TO DEVELOP A BUILDING PERFORMANCE BASELINE FOR COMPLIANCE

RELEVANT SERVICES

Energy Policy

Chula Vista Building Energy Saving Ordinance

December 1, 2023 admin

COMPLIANCE GUIDE

WHAT IS THE CHULA VISTA BUILDING ENERGY SAVING ORDINANCE (BESO)?

The Chula Vista Building Energy Saving Ordinance (BESO), is a citywide energy benchmarking & building performance program requiring owners of existing commercial and multifamily buildings to report energy use annually, using ENERGY STAR® Portfolio Manager®, meet building performance standards every 5 years, and demonstrate improvements every 10 years.

DOWNLOAD CHULA VISTA BESO BROCHURE

BESO PROGRAM HIGHLIGHTS

Policy

CITY OF CHULA VISTA CLIMATE ACTION PLAN

Bill Text

CHULA VISTA BUILDING ENERGY SAVING ORDINANCE

Enforcing Agency

CITY OF CHULA VISTA

Size of Property

20,000 SQ. FT. AND ABOVE

Property Type

COMMERCIAL, INDUSTRIAL, MULTIFAMILY BUILDINGS

Required Information

12 MONTHS ENERGY AND BUILDING USE DATA

Phase II Building Performance
Standards Compliance

YES

Fees

N/A

BESO ORDINANCE DEADLINES

PHASE I – BENCHMARKING DISCLOSURE

May 20 - Annually

PHASE II – BUILDING PERFORMANCE STANDARDS

CONSERVATION REQUIREMENT	COMPLIANCE DUE DATE 50,000+ SQ.FT.	COMPLIANCE DUE DATE 20,000-49,999 SQ.FT.
Commercial Buildings Performance Targets / A/RCx	Every five (5) years beginning 2023 or later. Schedule TBD.	Every five (5) years beginning 2026 or later. Schedule TBD.
Commercial Buildings Min. Improvement Requirements	Every ten (10) years beginning 2028 or later. Schedule TBD.	Every ten (10) years beginning 2031 or later. Schedule TBD.
Multifamily Prescriptive Upgrades	2023 or later, schedule TBD.	2023 or later, schedule TBD.

EXEMPTIONS FROM BENCHMARKING

No/temporary certificate of occupancy for more than half of the reporting calendar year.
The building is scheduled to be demolished one year or less from the reporting date.
The building is under financial distress.
The building does not receive energy or water service.
Disclosure of energy usage data would result in the release of proprietary information covered by applicable privacy law(s).

PROGRAM ENFORCEMENT

Failure to comply with this law results in a notification and a 60-day window. If a building owner/agent does not submit the report within that time, they are subject to fines of up to $2,250 on a per-incident basis, with the amount based on the building’s gross floor area (GFA).

PHASE II BUILDING PERFORMANCE STANDARDS REQUIREMENTS

Phase II consists of conservation requirements every five (5) years, and demonstrating minimum improvements every ten (10) years. The requirements are categorized between multifamily and commercial building types.

COMMERCIAL

CONSERVATION REQUIREMENTS

Buildings must meet either the Performance Targets or the Audit Requirement every 5 years, and the Minimum Improvement requirement every 10 years.

MULTIFAMILY

PRESCRIPTIVE MEASURES

Buildings built prior to 2006 must perform prescribed measures. Properties with Significant Common Load are subject to Commercial Conservation Requirements.

* Chula Vista Climate Zone Map

COMMERCIAL PROPERTIES: CONSERVATION REQUIREMENT DETAIL

High Performing Buildings are exempt from all requirements. All other covered commercial buildings must demonstrate energy reductions that meet or exceed Performance Targets, and submit an ASHRAE Level I or higher energy audit and retro-commissioning report (A/RCx).

EXEMPTIONS

Buildings must meet one of the following requirements to be exempt from both the 5-year Performance Targets and the 10-year Minimum Improvement Requirement:

HIGH PERFORMANCE BUILDING:
- Submit a benchmarking report for the most recent compliance deadline AND meet any of the following:
- ENERGY STAR score of 80 or greater
- Achieved ENERGY STAR certification
- Achieved LEED Existing Building Certification for three (3) of five (5) preceding years
The Property has been occupied for less than five (5) years
The Property is in Financial Distress
A demolition permit for the entire Property has been issued and demolition work has commenced
The Property is not subject to the Benchmarking Requirement

CONSERVATION REQUIREMENT DETAIL

Non-residential buildings, and multifamily buildings with Significant Common Load which do not meet any of the above exemptions must:

EVERY FIVE (5) YEARS

Meet or exceed the Improvement Target % (see chart below) by reducing energy use compared to the baseline ENERGY STAR score or EUI equivalent, within the 5-year compliance window. OR;
If the building does not meet or exceed the Improvement Target %, An ASHRAE Level I or higher energy Audit and Retro-commissioning (A/RCx) report must be conducted and submitted to the City.

EVERY TEN (10) YEARS

Meet or exceed the Mandatory Minimum Improvement (see chart below) by reducing energy use compared to the previous (5-year) baseline ENERGY STAR score or EUI equivalent.

BASELINE ENERGY STAR SCORE / EQUIVALENT SITE EUI-WN	5-YEAR IMPROVEMENT TARGET	10-YEAR MANDATORY IMPROVEMENT
1-45 / 80+	30%	15%
46-65 / 51-79	20%	10%
66-79 / 19-50	10%	Exempt
80+ / 0-18	Exempt	Exempt

MULTIFAMILY PROPERTIES: CONSERVATION REQUIREMENT DETAIL

High Performing Buildings are exempt from all requirements. All other covered multifamily buildings must meet the prescriptive measures requirement by their first 5-year deadline. Additionally, buildings with Significant Common Load (10,000+ Sq. Ft. master metered, or shared common meter/load) are subject to the Conservation Requirements outlined above for commercial properties.

EXEMPTIONS

Buildings must meet one of the following requirements to be exempt from Conservation Requirements:

HIGH PERFORMANCE BUILDING:
- Submit a benchmarking report for the most recent compliance deadline AND meet any of the following:
- ENERGY STAR score of 80 or greater
- Achieved ENERGY STAR certification
- Achieved LEED Existing Building Certification for three (3) of five (5) preceding years
The Property has been occupied for less than five (5) years
The Property is in Financial Distress
A demolition permit for the entire Property has been issued and demolition work has commenced
The Property is not subject to the Benchmarking Requirement

PRESCRIPTIVE MEASURES DETAIL

Multifamily Residential Properties constructed prior to 2006 must perform the minimum number of energy efficiency upgrades, or 'measures' required in the table below, within all tenant spaces where utility costs are borne by tenants. Owners may choose from a prescribed list of applicable measures. Efficiency measures already in place, or not included on the list count toward satisfying the minimum number of measures.

YEAR BUILT	CLIMATE ZONE 7*	CLIMATE ZONE 10*
Pre-1978	Choose four (4) Measures	Chose five (5) Measures
1978 - 1991	Choose three (3) Measures	Chose five (5) Measures
1992 - 2005	Choose two (2) Measures	Chose five (5) Measures

PRESCRIPTIVE MEASURE LIST SAMPLE

Attic Insulation
Air Sealing
Cool Roof
Duct Sealing
LED Lighting
Water Heating Package
Heat Pump Water Heater Replacement
HVAC Replacement
Windows

GREEN ECONOME PHASE II (A/RCx) PROCESS

1. Evaluate the Phase I benchmarking report(s) for the building's least-cost path to Phase II compliance (or complete benchmarking, if annual disclosure hasn't been met).
2. Provide Phase II proposals for applicable services.
3. Upon signed agreement, fulfill Phase II services, submit compliance requirements to the City, and provide reports to the building owner/representative.

AS BENCHMARKING CONSULTANTS AND ESG REPORTING EXPERTS, WE WILL WORK WITH YOU TO DEVELOP A BUILDING PERFORMANCE BASELINE FOR COMPLIANCE

Energy Policy

San Diego Building Energy Benchmarking Ordinance

November 1, 2023 admin

COMPLIANCE GUIDE

WHAT IS THE SAN DIEGO BUILDING ENERGY BENCHMARKING ORDINANCE (BEBO)?

The City of San Diego Building Energy Benchmarking Ordinance (BEBO), is a citywide energy benchmarking & disclosure program requiring owners of existing commercial and multifamily buildings to report energy use annually, using ENERGY STAR® Portfolio Manager®. This program provides building owners insight into their building’s energy efficiency and helps meet the City of San Diego’s Climate Action Plan goals.

DOWNLOAD SAN DIEGO BEBO BROCHURE

BEBO PROGRAM HIGHLIGHTS

Policy

CITY OF SAN DIEGO CLIMATE ACTION PLAN

Bill Text

SAN DIEGO BUILDING ENERGY BENCHMARKING ORDINANCE

Enforcing Agency

CITY OF SAN DIEGO

Due Date

JUNE 1, ANNUALLY

Size of Property

50,000 SQ. FT. AND ABOVE

Property Type

COMMERCIAL, INDUSTRIAL, MULTIFAMILY BUILDINGS

Required Information

12 MONTHS ENERGY AND BUILDING USE DATA

Phase II Building Performance
Standards Compliance

NO

Fees

N/A

PROGRAM ENFORCEMENT

San Diego has not initiated any fines or penalties at this time. As of January 2022, the city is working on initiating non-compliance penalties starting next reporting year, which will most likely apply to previous non-compliance years.

EXEMPTIONS FROM BENCHMARKING

No/temporary certificate of occupancy for more than half of the reporting calendar year.
The building is scheduled to be demolished one year or less from the reporting date.
Condominium complexes.
When more than half of the gross floor area of a building is used for scientific experiments requiring controlled environments, or for manufacturing with production lines or industrial purposes.

WHAT IS BENCHMARKING?

WHY EXISTING BUILDINGS?

Existing buildings are the second-largest source of GHG emissions in California. Identifying energy and water inefficiencies in our buildings provides valuable insights. The chosen method of identifying and analyzing this data is through local and state-mandated Energy Benchmarking and Performance Reporting. Below are key points for meeting energy disclosure requirements:

The owner of the building is the responsible party.
Benchmarking disclosure is required annually.
“Covered or disclosable buildings” are the building types that need to comply.
When you comply with your local benchmarking ordinance, the city shares the data with the state, placing you in AB 802 compliance as well.
Benchmarking provides insight into how efficient or inefficient your building is operating. Efficient buildings provide for lower operating costs and higher market valuations.
The State of California only requires annual energy disclosure; however, some cities also require buildings to become energy efficient or meet building performance standards.

5 TIPS FOR BENCHMARKING COMPLIANCE

Hire Green Econome to complete your energy and water compliance and energy efficiency consulting. We have benchmarked over 2,000 commercial, industrial, and multifamily buildings. We place emphasis on accurately measuring your data, rather than meeting the bare minimum for compliance. It is not only the legal thing to do, but also more economic in the long run. The data in your benchmarking report is valuable to the operation and investment of your property, and the basis of your performance and/or ESG reporting.
Add tenant authorization to your lease to release energy and water use data from the utilities. In some cases where the tenants are the electric/gas/water account holder, they are required to sign a utility authorization to share their usage data. As you can imagine, collecting this is time-consuming and not always successful. In lieu of the authorization, we can submit a copy of the lease if it includes authorization language.
Create an energy efficiency budget. The Better Buildings Financing Navigator outlines common barriers, solutions, and options for energy financing. Energy ordinances are all-for-none if building owners and operators do not invest in reduction goals. Visit our case studies for examples of the cost savings you can achieve through efficiency projects.
Leverage available rebates and incentives. In addition to outside funding and loans, there are robust programs for energy efficiency and clean power through utilities, local and federal government. Green Econome calculates available rebates & incentives savings into our estimates and/or audit reports.
Put your data to work. Use monthly data to track your energy & water use in ENERGY STAR Portfolio Manager. Demonstrating energy and water reductions through the benchmarking tool in some cities is a path to performance compliance or a requirement for ESG strategies that the building owner or tenant company has in place. Either way, you now have a powerful tool that tracks your ongoing use, so take advantage of it. Green Econome includes benchmarking consultations to assess your building’s performance and identify problem areas or opportunities for savings.

AS BENCHMARKING CONSULTANTS AND ESG REPORTING EXPERTS, WE WILL WORK WITH YOU TO DEVELOP A BUILDING PERFORMANCE BASELINE FOR COMPLIANCE

San Jose CA Building Performance Ordinance

Energy Policy

San José Building Performance Ordinance

February 16, 2023 admin

DOWNLOAD SAN JOSÉ BPO BROCHURE

PHASE II BUILDING PERFORMANCE STANDARDS

BEYOND BENCHMARKING COMPLIANCE SCHEDULE

PERFORMANCE PATHWAY DETAIL

IMPROVEMENT PATHWAY DETAIL

GREEN ECONOME PHASE II PROCESS

COMPLIANCE GUIDE

WHAT IS THE SAN JOSÉ BUILDING PERFORMANCE ORDINANCE (BPO)?

The San Jose Energy and Water Building Performance Ordinance (BPO), is a citywide energy benchmarking & building performance program requiring owners of existing commercial and multifamily buildings to report energy and water use annually, using ENERGY STAR® Portfolio Manager®, and meet building performance standards on a rolling five-year basis, or perform improvements if standards are not met.

DOWNLOAD SAN JOSÉ BPO BROCHURE

BPO PROGRAM HIGHLIGHTS

Policy

CLIMATE SMART SAN JOSÉ

Bill Text

SAN JOSÉ BUILDING PERFORMANCE ORDINANCE

Enforcing Agency

CITY OF SAN JOSÉ

Size of Property

20,000 SQ. FT. AND ABOVE

Property Type

COMMERCIAL, MULTIFAMILY BUILDINGS

Required Information

12 MONTHS ENERGY, WATER, AND BUILDING USE DATA

Phase II Building Performance
Standards

BEYOND BENCHMARKING PROGRAM

Due Date

MAY 1, ANNUALLY

Fees

$150 (City of San José) Annual Benchmarking Submission Fee

TBD (City of San José) Beyond Benchmarking Submission Fee

EXEMPTIONS FROM BENCHMARKING

The building meets certain use types, as determined by the city.
The building is in financial distress, as determined by the city.
Disclosure of usage data would result in the release of proprietary information, violating privacy rights under applicable laws.
The building was unoccupied during the reporting year, or demolition commenced on, or before the compliance deadline.

A full list of exemptions can be found on the City's Exemption Request Form.

PROGRAM ENFORCEMENT

Failure to comply with annual benchmarking may incur a monetary penalty from $25-$50/day of non-compliance, up to $5,000 per calendar year.

PHASE II BUILDING PERFORMANCE STANDARDS

Phase II, 'Beyond Benchmarking' is due every 5 years, starting May 1, 2023. Covered buildings will be required to demonstrate satisfactory building efficiency (Performance Pathway) OR improvement standards (Improvement Pathway). Due dates are phased in based on Sq. Ft. and the last digit of the APN. See the compliance schedule table below.

OPTION 1

PERFORMANCE PATHWAY

For properties that can meet energy and/or water Key Performance Standards. This step requires data verification of benchmarking reports by a licensed professional and the submission of a Performance Verification Report.

OPTION 2

IMPROVEMENT PATHWAY

For properties unable to meet energy and/or water Key Performance Standards, the owner must implement one of three actions for each, and submit corresponding report(s) from a CA-licensed professional.

LOCAL LAW 84/133: BENCHMARKING

BEYOND BENCHMARKING COMPLIANCE SCHEDULE

Covered buildings are required to comply with Phase II performance requirements starting on the initial due dates below, with subsequent compliance due dates due every five (5) years thereafter.

LAST DIGIT OF APN	FIRST DUE DATE ≥ 50,000+ SQ.FT	FIRST DUE DATE 20K-49,999+ SQ.FT
0	May 1, 2023	May 1, 2024
1	May 1, 2023	May 1, 2024
2	May 1, 2024	May 1, 2025
3	May 1, 2024	May 1, 2025
4	May 1, 2025	May 1, 2026
5	May 1, 2025	May 1, 2026
6	May 1, 2026	May 1, 2027
7	May 1, 2026	May 1, 2027
8	May 1, 2027	May 1, 2028
9	May 1, 2027	May 1, 2028

BEYOND BENCHMARKING EXEMPTIONS

All exemption requests must be submitted via the City of San José webform by April 1, prior to the building's deadline. The following exemptions may qualify:

The building is zoned as exclusively industrial (HI, LI, IP).
The building is under 20,000 Sq. Ft.

WATER EFFICIENCY EXEMPTION

Your covered building may qualify for a water exemption if the building is Residential, under 50,000 Sq. Ft., and not sub-metered for water use.

PERFORMANCE PATHWAY DETAIL

To qualify, buildings must satisfy the following for energy and/or water respectively.

Be in full compliance with all years of Phase I benchmarking.
Have complete and accurate benchmarking data.
Meet one of the following Key Performance Standards for 2 of the 3 years preceding its Beyond Benchmarking deadline:

ENERGY

New construction, and occupied for less than five (5) years.
LEED™ Existing Buildings O&M v4 Certified.
ENERGY STAR® score of 75 or greater.
ENERGY STAR® score improvement of 15 points or greater, from the baseline year.
Weather Normalized Site Energy Use Intensity (EUI-WN) that is a minimum of 25% below the calculated mean for the property use type.
15% or greater reduction in Site EUI-WN from the baseline year.

WATER

Water Use Intensity (WUI) is a minimum of 25% below the locally calculated mean for that property type.
WUI reduction by at least 15% from the baseline year.
Multifamily Only: US EPA Water Score of 75; or
Multifamily Only: US EPA Water Score improvement of 15 points or greater, from the baseline year.

COMPLETION

To complete compliance the building owner/agent must hire a CA-Licensed Professional (as specified by the City's ordinance, Green Econome is a qualified LP).

The LP will review the benchmarking data and sign the Performance Verification Report, verifying that the energy and /or water data is complete and accurate.
Submit the Report and form, one per utility (energy and/or water).

IMPROVEMENT PATHWAY DETAIL

For covered buildings that do not meet the Performance Pathway Key Performance Standards for energy and/or water, the property owner/agent must implement one of the following three actions respectively, and submit a corresponding report authorized by a CA Licensed Professional (like Green Econome).

ASHRAE Level II or higher audit, conducted by a Qualified Auditor.
Retrocommissioning (RCx), conducted by a Qualified Retrocommissioning
Professional.
Install two (2) Targeted Efficiency Improvement Measures, selected from a prescribed list, in accordance with California Building Standards Code Title 24.

COMPLETION

To complete compliance the building owner/agent must hire a CA-Licensed Professional (as specified by the City's ordinance, Green Econome is a qualified LP).

The improvement pathway at a minimum must be planned and contracted with a CA LP by the Beyond Benchmarking deadline. The action must be planned/completed within the 5-year compliance window. No earlier.
The LP will conduct the Improvement Pathway, sign the Compliance Report, and provide all documentation to the building owner.

GREEN ECONOME PHASE II PROCESS

1. Evaluate the Phase I benchmarking report(s) for the building's least-cost path to Phase II compliance (or complete benchmarking, if annual disclosure hasn't been met).
2. Provide Phase II proposals for applicable services.
3. Upon signed agreement, fulfill Phase II services, submit compliance requirements to the City, and provide reports to the building owner/representative.

AS BENCHMARKING CONSULTANTS AND ESG REPORTING EXPERTS, WE WILL WORK WITH YOU TO DEVELOP A BUILDING PERFORMANCE BASELINE FOR COMPLIANCE

RELEVANT SERVICES

Energy Policy

New York City Sustainable Building Laws

January 1, 2023 admin

LOCAL LAW 33/95: BUILDING EFFICIENCY RATINGS

LOCAL LAW 87: AUDITS & RETRO-COMMISSIONING

LOCAL LAW 97: GHG EMISSION LIMITS

DOWNLOAD NJ CEA BENCHMARKING BROCHURE

COMPLIANCE GUIDE

WHAT ARE THE NYC SUSTAINABLE BUILDING LAWS?

As part of the Climate Mobilization Act to achieve carbon neutrality by 2050, the City of New York has enacted a series of Local Laws (LL) to cut carbon emissions from buildings and improve the quality of life and health across its five boroughs. While the laws continue evolving, Green Econome works with Benchmarking and Energy Grades LL 84/133, LL 33/95, Audits and Retro-commissioning (RCx) LL 87, and Greenhouse Gas (GHG) Emission Reporting LL 97.

DOWNLOAD THE NYC LOCAL LAWS BROCHURE

NYC LOCAL LAW HIGHLIGHTS

Policy

CLIMATE MOBILIZATION ACT

Local Laws

LOCAL LAWS (84/133, 33/95) BENCHMARKING & ENERGY GRADES

LOCAL LAW 87 AUDITS/RCx

LOCAL LAW 97 GHG EMISSIONS LIMITS

Enforcing Agency

NYC DEPARTMENT OF BUILDINGS

Size of Property

25,000 SQ. FT. AND ABOVE

Property Type

COMMERCIAL, INDUSTRIAL, MULTIFAMILY BUILDINGS

LL 84 Required Information

12 MONTHS ENERGY, WATER AND BUILDING USE DATA

LL 87 Building Performance
Standards

AUDITS & RETRO-COMMISSIONING (A/RCx) REQUIREMENT

LL 97 GHG Emission Reporting

ANNUAL GHG EMISSION LIMIT COMPLIANCE REPORTING

Due Dates

LL 84 BENCHMARKING: MAY 1, ANNUALLY

LL 33 ENERGY GRADE LABEL: OCT. 31, ANNUALLY

LL 87 A/RCx REQUIREMENT: EVERY 10 YEARS

LL 97/147 GHG EMISSION REPORT: MAY 1, ANNUALLY

LOCAL LAW 84/133: BENCHMARKING

Buildings with a minimum gross floor area of 25,000 square feet must submit an annual energy & water benchmarking report to the City using ENERGY STAR® Portfolio Manager.

STEPS TO COMPLIANCE:

Check the Covered Buildings List every late February to early March. This list will confirm whether you need to comply and if you are required to include water consumption in your report.
Complete ENERGY STAR benchmarking and submit the report by May 1, annually.
Print and post Energy Grade Label by October 31, annually (see below).

EXEMPTIONS FROM BENCHMARKING

Multifamily buildings with less than 20 units, enclosed parking, or other property types not eligible to receive a 1-100 ENERGY STAR Score.
Buildings that contain a data center, television studio, and/or trading floor that together exceed ten percent of the Gross Floor Area (GFA).
Properties with New Built or Demolition permits and no Temporary Certificate of occupancy in a reporting year, or properties with the ownership change in a reporting year may be eligible for a temporary exemption by request only.

PROGRAM ENFORCEMENT

Civil penalty of $500 for each quarter the report is late, up to a maximum of $2,000 per year.

LOCAL LAW 33/95: BUILDING EFFICIENCY RATINGS (ENERGY GRADES)

Buildings complying with LL 84 in most cases, are given an efficiency rating in the form of a letter grade by October 1, every year. Owners/agents must download, print, and display their energy grade label near the main entrance to the building by October 31, for the entire year.

EXEMPTIONS FROM GRADING LABEL

Properties not eligible for an ENERGY STAR score will receive an “N” grade and are exempt from benchmarking and disclosure requirements.
Properties with New Built or Demolition permits and no Temporary Certificate of occupancy in a reporting year, or properties with the ownership change in a reporting year may be eligible for a temporary exemption by request only.

PROGRAM ENFORCEMENT

Failure to display the grading label by October 31 results in a $1,250 fine.

LOCAL LAW 87: AUDITS & RETRO-COMMISSIONING

Once every 10 years, covered buildings over 50,000 Sq. Ft. must submit an Energy Efficiency Report (EER). Owners must submit their EER in the calendar year in which the last digit of the year coincides with the last digit of the building’s tax block number.

An ASHRAE Level II energy audit and retro-commissioning (RCx) report must be conducted by an approved energy auditor and submitted by the owner/agent.

EXEMPTIONS

Additional exemptions apply for high-performing buildings and certain conditions including (but not limited to):

ENERGY STAR certification for 2 of the 3 years before the due date.
LEED certification within 4 years of the due date.
Simple building that completes 6 prescriptive retrofits.
Less than 10 years old.
Undergone major renovation (as defined by law), within 10 years.
Experiencing substantial financial hardship.

PROGRAM ENFORCEMENT

Failure to submit an EER is a Major (Class 2) violation which may result in a penalty of $3000 in the first year and $5000 for each additional year until the EER is submitted.

LOCAL LAW 97: GHG EMISSION LIMITS

Per LL 97, most buildings over 25,000 Sq. Ft., are required to meet annual energy efficiency and greenhouse gas (GHG) emissions limits, with reporting starting May 1, 2025, and due every year thereafter. The carbon caps vary and depend on the building's size, property type, and LL 97 compliance year.

PROGRAM HIGHLIGHTS

Covered buildings are ≥ 25,000 sq.ft. and tax lots or condominiums containing two or more buildings totalling ≥ 50,000 Sq.Ft.
Property Type is based on the type determined and defined in the ENERGY STAR Portfolio Manager tool.
The first compliance reports for buildings covered by LL97 are due by May 1, 2025, and reflect emissions in calendar year 2024.
The first carbon emission limits per property type are listed here.
Building owners will be allowed to submit application requests to the Department of Buildings (DOB) for cap adjustments due to excessive emissions and special uses.
Owners may apply for deductions to the limit set for their emissions by purchasing greenhouse gas offsets, renewable energy credits, or by using distributed energy resources.

EXCEPTIONS TO COVERED BUILDINGS

The following buildings are exempt, even if they otherwise meet the definition of a covered building:

An industrial facility primarily used for the generation of electric power or steam.
Real property, not more than three stories, consisting of a series of attached, detached, or semi-detached dwellings, for which ownership and the responsibility for maintenance of the HVAC systems and hot water heating systems is held by each dwelling unit owner, and with no HVAC system or hot water heating system in the series serving more than 25,000 gross square feet, as certified by a registered design professional to the department.
A city building.
A housing development or building on land owned by the New York City Housing Authority.
A rent-regulated accommodation.
A building whose main use or dominant occupancy is classified as occupancy group A-3 religious house of worship.
Real property owned by a housing development fund company organized under the business corporation law and article eleven of the private housing finance law.
A building that participates in a project-based federal housing program.

PROGRAM ENFORCEMENT

Covered buildings that exceed annual emissions limits will face annual fines of $268 per ton of CO₂ equivalent over the limit. Emissions are calculated based on tons of CO₂equivalent per square foot.

AS BENCHMARKING CONSULTANTS AND ESG REPORTING EXPERTS, WE WILL WORK WITH YOU TO DEVELOP A BUILDING PERFORMANCE BASELINE FOR COMPLIANCE

RELEVANT SERVICES

Energy Policy

New Jersey Clean Energy Act Benchmarking Program

November 15, 2022 admin

ENERGY SAVINGS IMPROVEMENT PLAN

GET STARTED WITH BENCHMARKING OR AUDITS

COMPLIANCE GUIDE

WHAT IS THE NEW JERSEY CLEAN ENERGY ACT (CEA) BENCHMARKING PROGRAM?

New Jersey joins an increasing number of states and municipalities across the United States in establishing benchmarking laws to measure the energy and water performance of buildings. New Jersey’s Clean Energy Act (CEA) of 2018 states the following:

No later than five years after the date of enactment of P.L. 2018, c.17 (C.48:3-87.8 et al.), the board shall require the owner or operator of each commercial building over 25,000 square feet in the State to benchmark energy and water use for the prior calendar year using the United States Environmental Protection Agency’s Portfolio Manager tool.

DOWNLOAD NJ CEA BENCHMARKING BROCHURE

CEA PROGRAM HIGHLIGHTS

Policy

CEA BENCHMARKING

Bill Text

BENCHMARKING POLICY PROPOSAL

Enforcing Agency

NEW JERSEY BOARD OF PUBLIC UTILITIES

Size of Property

> 25,000 SQ. FT.

Property Type

COMMERCIAL & MULTIFAMILY BUILDINGS

Required Information

12 MONTHS ENERGY, WATER, AND BUILDING USE DATA

Phase II Building Performance
Standards

ENERGY SAVINGS IMPROVEMENT PROGRAM (OPTIONAL)

Benchmarking Due Date

JULY 1, ANNUALLY

EXEMPTIONS FROM CLEAN ENERGY ACT BENCHMARKING

New Buildings – New buildings must be operational for a full calendar year before a building owner is required to benchmark that Covered Building.  The New Jersey tax assessment database, MOD-IV, will be used to qualify new buildings as operational for purposes of benchmarking. A commercial building will not be added to the Covered Buildings list until the second year after the year-built, as listed in the MOD-IV database.

Demolitions – Recently- or soon-to-be-demolished buildings may be removed from the Covered Buildings list, provided that the building owner submits a certificate of approval for demolition.

Unoccupied – If a building is unoccupied for a full year (365 days), the building owner may receive an exemption, provided that the building owner submits an affidavit or certification of non-occupancy.

Foreclosure or Bankruptcy – If an action for foreclosure or bankruptcy has been filed during a particular reporting year, the building owner may apply to receive an exemption for the given reporting year.

Other Conditions – Certain other situations for good cause may be removed from the Covered Buildings list (e.g., the building’s size falls below the threshold, there is an error in the Covered Buildings list, or an unregulated utility does not apply the 4/50 rule and provide aggregated building-level data and refuses to provide individual data even with tenant consent), and after providing appropriate evidence justifying such removal.

ENERGY SAVINGS IMPROVEMENT PLAN

The Energy Savings Improvement Program is a performance contracting program administered by the BPU. ESIP is a financing mechanism used to pay for energy efficiency projects for all public entities. Any public entity that has completed a preliminary energy audit and can demonstrate energy savings may participate in the ESIP program.

Energy Policy

Boston Building Emissions Reduction and Disclosure Ordinance (BERDO)

October 16, 2022 admin

DOWNLOAD BOSTON BERDO BROCHURE

THIRD PARTY VERIFICATION REQUIREMENT

PROGRAM ENFORCEMENT

PHASE II BUILDING PERFORMANCE STANDARDS

EMISSIONS STANDARD COMPLIANCE SCHEDULE

GREEN ECONOME PHASE II PROCESS

COMPLIANCE GUIDE

WHAT IS THE BOSTON BUILDING EMISSIONS REDUCTION AND DISCLOSURE ORDINANCE (BERDO)?

BERDO is a local law that aims to reduce air pollution and greenhouse gas emissions generated by large buildings in Boston. Owners of buildings subject to BERDO are required to report their buildings’ annual energy and water consumption. Starting in either 2025 or 2030, they will also need to comply with building emissions standards (i.e., emissions limits). The emissions standards set by BERDO decrease over time, with all buildings expected to reach net-zero emissions by 2050.

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BERDO PROGRAM HIGHLIGHTS

Policy

BUILDING EMISSIONS REDUCTION AND DISCLOSURE

Bill Text

BERDO ORDINANCE

Enforcing Agency

CITY OF BOSTON ENVIRONMENT DEPARTMENT

Size of Property

RESIDENTIAL: 15+ UNITS
NON-RESIDENTIAL: 20,000 SQ. FT. AND ABOVE

Property Type

COMMERCIAL, RESIDENTIAL, MULTIFAMILY BUILDINGS

Required Information

12 MONTHS ENERGY, WATER, AND BUILDING USE DATA

Phase II Building Performance
Standards

BUILDING EMISSIONS STANDARD

Benchmarking Due Date

MAY 15, ANNUALLY

Fines for Non-Compliance

BENCHMARKING: $150 - $300/DAY
EMISSION STANDARDS: $300 - $1,000/DAY
ACCURATE REPORTING: $1,000 - $5,000

EXEMPTIONS FROM BERDO BENCHMARKING

Owners with extenuating circumstances may file a request with the Environment Department to report information required by Section 7-2.2 on a basis other than the building.

THIRD PARTY VERIFICATION REQUIREMENT

As a part of Boston's Building Emissions Reduction and Disclosure Ordinance, you must hire a third-party qualified energy professional to verify your reported data. Third-party verification is required for the first year of reporting and every "Verification Year" thereafter. Verification Years include:

2022
2026
2031
2036
2041
2046
2051

BERDO BENCHMARKING PROGRAM ENFORCEMENT

$300/day for Residential and Non-Residential Buildings +35 units or > 35,000 sq ft.
$150/day for Non-Residential Buildings > 20,000 sq ft but < 35,000 sq ft or 15+ units but less than 35 units.

PHASE II BUILDING PERFORMANCE STANDARDS

In addition to the reporting requirement, every five years, buildings must show they have taken action to reduce their energy use or emissions by 15 percent or conducted a detailed assessment of options to reduce their energy use. In 2019, the first cohort of buildings that began reporting to BERDO are now completing the energy action and assessment requirement.

Buildings can decrease their emissions by 1) reducing energy use and transitioning away from fossil fuels, 2) using or buying renewable energy, or 3) investing in environmental justice communities through Alternative Compliance Payments.

OPTION 1: Reduce Energy Use in Building

The most impactful approach you can take is to reduce your building’s overall direct emissions through building retrofits or improvements. This includes: • Upgrading to high efficiency electric appliances • Replacing fossil fuels with electricity for heating and cooling systems • Improving insulation • Tightening window seals • Adding energy-efficient lighting such as LED bulbs.

OPTION 2: Obtain Renewable Energy

Reduce your building emissions from electricity with eligible renewable energy. Renewable energy can only be used to reduce emissions from electricity. Boston Community Choice Electricity (BCCE) Sign up for the Green 100 plan through the City of Boston’s CCE program to receive 100% renewable electricity. Commercial and industrial accounts cannot exceed 1.5 million kWh/yr to be eligible. Solar Energy Solar generated on-site or anywhere in Boston can be used for compliance. If you are buying solar energy, or related energy credits, from a project outside of Boston, please reach out to the BERDO team to confirm its eligibility. Renewable Energy Certificates (RECs) MA Class I RECs certify that the electricity was created using non-emitting renewable energy generated in New England. Power Purchase Agreements (PPA) A PPA is a long term contract to buy renewable energy. BERDO has specific requirements for PPAs.

OPTION 3: Invest in Your Communities' Decarbonization

You can comply with emissions standards and mitigate your emissions from fossil fuel and electricity use by making an Alternative Compliance Payment (ACP). ACPs go into the new Equitable Emissions Investment Fund, which will fund future decarbonization projects in Boston’s environmental justice communities. ACPs are payments of $234 for every metric ton of CO2e a building is above its emissions limit. ACPs can be made annually to keep your building in compliance. Please note, ACPs are not the same as fines. An ACP is considered a compliance mechanism under BERDO.

EMISSIONS STANDARDS COMPLIANCE SCHEDULE

Click here to get the full list of compliance dates.

ENERGY USE EXEMPT FROM EMISSIONS REQUIREMENTS

In the event that Emergency Backup Generation/Backup Power or EVSE serve, or have the potential to serve, multiple Buildings in a Building 11 Portfolio, the Energy use from such activities shall be allocated for individual Buildings in proportion to the square footage of each Building.
Emergency Backup Generation/Backup Power provides Energy only to the Building or Building Portfolio.
Electrical Vehicle Supply Equipment is separately metered or EVSE is capable of tracking and reporting accurate energy usage, and EVSE meets specifications as defined by the Regulations.
Building Owners annually report (i) Energy used by Emergency Backup Generation / Backup Power and Electrical Vehicle Supply Equipment; (ii) the date(s), hour(s) and conditions that required the use of Emergency Backup Generation/Backup Power; and (iii) any other information required by the Regulations. Such reporting shall be subject to the self-certification and third-party verification procedures in section (h).

HARDSHIP COMPLIANCE PLAN

Alternative emissions reduction targets and/or timelines for a Building or Building Portfolio. A Building Owner may apply to the Review Board for a Hardship Compliance Plan if there are Building characteristics or circumstances that present a hardship in complying with the Emissions standards in this Ordinance. Such characteristics or circumstances, to be detailed in the Regulations, may include historic Building designations, affordable housing refinancing timelines, pre-existing long-term Energy contracts without reopeners, or financial hardship.

PENALTIES FOR EMISSION STANDARDS

$1000/day for Residential and Non-Residential Buildings +35 units or > 35,000 sq. ft.

$300/day for Residential and Non-Residential Buildings > 20,000 sq ft but < 35,000 sq. ft. or 15+ units but less than 35 units.

GREEN ECONOME PHASE II PROCESS

1. Evaluate the Phase I benchmarking report(s) for the building's least-cost path to Phase II compliance (or complete benchmarking, if annual disclosure hasn't been met).
2. Provide Third Party Verification (if we have not already benchmarked for those buildings).
3. Provide Phase II proposals for applicable services.
4. Upon signed agreement, fulfill Phase II services, submit compliance requirements to the City, and provide reports to the building owner/representative.