Property Size

All existing buildings over 20,000 Sq. Ft.

Starting in 2026, building owners are required to annually benchmark and report whole-building energy and building use data for the full calendar year. For example, in 2026, buildings owners must report 12 full calendar months of 2025 energy data.

Note that benchmarking data must also be third-party verified before submittal at the years specified (2026, 2028, 2032, 2036).

November 15, 2026 and then every May 15 thereafter. Benchmarking reports must be submitted on an annual basis using the previous year’s data via ENERGY STAR® Portfolio Manager®. This is the EPA’s benchmarking tool that is used for compliance reporting in most ordinances across the country.

Building Performance Standards (BPS) are often considered Phase II of these building energy use ordinances. After reporting your benchmarking data, many ordinances require you to make changes to the building’s operations or equipment to lower energy use over time.

WeHo EBPS requires building owners to meet performance targets by either (1) meeting energy performance targets by the deadline, or (2) submitting a Building Performance Action Plan (BPAP). These are measured using Site EUI (energy use intensity) or GHGI (greenhouse gas intensity).

BPAPs outline how the owner will improve energy efficiency, such as upgrading equipment or implementing other energy-saving measures, along with a timeline for completion. The city must approve these plans, and they must demonstrate measurable progress toward meeting the targets. After 2036, BPAPs will no longer be accepted, and buildings will be required to meet the final performance standard.

Covered properties under WeHo EBPS need to comply with building performance standards in the following years:

• First Interim Performance Standard: May 15, 2028
  • Building Energy Use Period: January 1 – December 31, 2027
• Second Interim Performance Standard: May 15, 2032
  • Building Energy Use Period: January 1 – December 31, 2031
• Final Performance Standard: May 15, 2036
  • Building Energy Use Period: January 1 – December 31, 2035

Energy performance targets will get increasingly more stringent over time with each compliance deadline.

Third-party data verification requires owners/managers of covered buildings to hire a third-party expert to independently review and verify the building’s benchmarking data.

Under WeHo EBPS, data verification is required before submittal in 2026. More data verification requires may be implemented in the future. Additionally, data verification must be completed by one of the following qualified verifiers:

• Certified Energy Manager (CEM)
• Professional Engineer (PE)
• Registered Architect (AE)
• Building Energy Assessment Professional (BEAP)
• Energy Management Professional (EMP)

WeHo EBPS Benchmarking Penalty

Each instance where an owner of a covered property fails to meet annual reporting requirements can result in a fine up to $1,000.

WeHo EBPS Performance Standard Penalty

Buildings that fail to comply with performance standards and do not have an approved Building Performance Action Plan (BPAP) will be subject to fines equal to the Social Cost of Carbon for each unachieved GHG emission reduction.

The City’s Fee Resolution sets the exact amount fined per CO2e. Fines must be paid annually until the building is in compliance. Analysis from the California Air Resources Board projects values ranging from $63 to $93 per ton by 2025, under midrange scenarios.

WeHo EBPS Accuracy Penalty

Inaccurate reports or discrepancies of 50% or more between third-party verified data and the owner’s self-certified data will result in a fine of $1,000.

WeHo EBPS Overall Penalty

Owners of a covered property that violate annual benchmarking reporting, fail to meet interim and final performance standards, AND don’t have an approved BPAP will be fined $10 per square foot.

CONTACT US HERE to learn more and get started with compliance.

West Hollywood Equitable Building Performance Standards (EBPS) compliance can be confusing and hard to navigate. Bringing on a consultant like VCA Green streamlines the entire process while ensuring accurate reporting and providing third-party data verification.

We also provide a complimentary benchmarking and compliance roadmap consultation, where we’ll assess your building’s performance, highlight key metrics, and develop a clear and manageable compliance for your property with WeHo’s EBPS.

Ordinances such as WeHo EBPS are already in effect across the country, and deadlines are rapidly approaching. Retrieving historical building data will take time, especially when coordinating with property managers and utilities.

It’s never too early to start planning for your energy performance targets! The sooner you begin, the easier and more cost-effective the journey will be. VCA Green makes compliance as smooth as possible by handling every step. From accurate data collection, verification and reporting to project management, let’s work together to create a tailored roadmap for you and your property! The earlier we get started, the more we can help you save, both in time and cost.

Covered Entities

Both public and private business entities who have total annual revenues over $1 billion USD (in the prior fiscal year) that do business in California. The revenue threshold accounts for revenue earned for the entire entity, not just the revenue earned in California.

Doing Business in California

CARB follows the Revenue and Tax Code § 23101 which defines “doing business” as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. An entity is doing business in California if the entity is doing business (as defined) and any of the following conditions are met:

• The entity is organized or commercially domiciled in this state
• Sales in California exceed the inflation adjusted threshold of $735,019 (2024)

Revenue Threshold

The bill defines revenue under the California Revenue and Taxation Cost (RTC) § 25120(f)(2) definition. Revenue is the gross amounts realized on the sale or exchange of property, performance of services, or the use of property in a transaction that produces business income.

California SB 253 requires covered entities to report Scope 1, 2, and 3 GHG emissions to the California Air Resources Board (CARB). The reporting business must cover the entity’s emissions globally, not just those emitted within California.

Companies must prepare reports in accordance with the GHG Protocol Corporate Accounting and Reporting Standard (or a successor standard). Scope 3 reports should follow the GHG Protocol Corporate Value Chain (Scope 3) Accounting and Reporting Standard.

Scope emissions are categorized by the following definitions:

Scope 1 Emissions: Direct emissions from sources the company owns or controls.

• Company vehicles
• On-site combustion

Scope 2 Emissions: Indirect emissions from purchased energy.

• Electricity
• Heating and cooling
• Steam

Scope 3 Emissions: Indirect emissions resulting from business activities, not included in Scope 2.

• Business travel
• Purchased goods
• Emissions from production of raw materials
• Waste

Companies are required to report their GHG emissions on an annual basis. CARB has proposed Scope 1 and 2 reports to be due August 10, 2026*. Scope 3 reports are expected to be due in 2027, though an expected date has not been set.

• If the reporting entity’s fiscal year ends between January 1 and February 1, 2026, the entity will report data from the fiscal year ending in 2026.
• If the reporting entity’s fiscal year ends between February 2 and December 31, 2026, the entity will report data from the fiscal year ending in 2025.
• Each entity will have at least 6 months after their fiscal year ends to submit their report.

Entities that were not collecting data at the time the Enforcement Notice (Dec 2024) was issued, the entity will not need to submit a report in 2026. These entities must send CARB a letterhead stating they were not collecting data at the time.

*These due dates are pending finalization by CARB.

Third-party data verification requires covered entities to hire a third-party expert who will independently review and verify the company’s GHG emission data disclosure.

Under SB 253, assurance is not required for 2026 reports. Limited assurance will be required in the future. By 2030, CARB will require data assurance at the “reasonable assurance” level for Scope 1 and 2, and at a “limited assurance” level for Scope 3. These requirements are implemented at CARB’s discretion, depending on market conditions.

SB 253 violations will result in administrative penalties of up to $500,000 per reporting year. CARB will not assess penalties for companies who demonstrate a good-faith effort for Scope 3 emissions reports until 2030.

CONTACT US HERE to learn more and get started with compliance.

SB 253 compliance can be confusing and hard to navigate. Bringing on a consultant like VCA Green simplifies the entire process while ensuring accurate reporting. Our certified Carbon Auditing Professionals streamline the complex reporting requirements of climate disclosures, from end-to-end carbon accounting to preparing assurance-ready GHG emissions reports.

SB 253 deadlines are rapidly approaching. Retrieving historical GHG emissions data will take time, especially when coordinating with your team.

Waiting until the last minute risks missing compliance windows resulting in fines and enforcement penalties. VCA Green takes every measure to ensure complete and accurate data collection. The sooner you reach out, the sooner you will reach compliance.