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  • Fact Sheet

Energy and Water Benchmarking Compliance

Many state and local municipalities have introduced benchmarking ordinances for reporting energy and water usage for buildings over a certain size. Find out how you can be prepared for ordinance reporting in your area.

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Benchmarking ordinances are local requirements for a building to provide the previous year’s energy and/or water data in order to identify areas for energy efficiency. Buildings that fail to report their energy or water usage in time can face penalties in certain municipalities. View ordinance areas and requirements below.

For more information on benchmarking tools, and implementing energy efficient strategies in your building, contact UL today.

​​​​​​​​​​​​​​Fort Collins, Colorado – March 1
  • Building Energy and Water Scoring (BEWS)
  • Commercial and multifamily buildings 5,000 square feet and above
  • The Building Energy and Water Scoring program is enforceable under Sec 12-207 of the Fort Collins Municipal Code (including a $1,000 fine for each year of noncompliance), and the failure to comply in any calendar year shall constitute a single violation in that calendar year. Fort Collins staff will send out a Notice of Need to Comply letter followed by a Notice of Violation to any building owner of a covered building who does not comply within 30 days following March 1 of each year, and citations will be issued March 1 of the year following the required reporting year.
San Francisco, CA – April 1
  • Existing Commercial Building Ordinance (EBCO)
  • Benchmarking is required for all occupied nonresidential buildings 10,000 ft2+ that have been in operation for at least two years
    • Exemptions: 
    • New buildings: The Certificate of Occupancy from the Department of Building Inspection is dated less than two years prior to the Annual Energy Benchmark Summary due date.
    • Unoccupied buildings: The building had less than one Full Time Equivalent (FTE) occupant for the previous calendar year.
  • Every five years, an energy audit by a qualified energy professional must be conducted, identifying specific opportunities to save money and energy in the building. 
Seattle, WA - April 1
St. Louis, Missouri – April 1
  • Building Energy Awareness Ordinance (BEAO)
  • Requires privately owned buildings (institutional, commercial and multifamily residential) and municipal buildings 50,000 ft2+ to be benchmarked and owners must disclose annual energy and water consumption.
Washington, DC – April 1
  • DC Building Energy Benchmarking (BEB)
  • Commercial and multifamily buildings 50,000 sqft or larger within the District of Columbia must measure and disclose energy consumption to the Department of Energy and Environment (DOEE) annually
Reno, Nevada – April 4
  • Reno Energy Benchmarking, Reporting, and Transparency Ordinance (REBRTO)
  • Covered city properties that:
    • Are owned, leased, and occupied by the City of Reno such that the City regularly pays all or part of the annual Energy and/or water bills; and
    • Have a total Gross Floor Area that equals or exceeds 10,000 square feet; and
    • All fire stations.
  • Covered local agency properties that:
    • Are owned by a local agency of the state, or political subdivision of the state, or other public entity and are not Covered City Properties; and
    • Have a total Gross Floor Area that equals or exceeds 30,000 square feet; and
    • Where the local agency of the state occupies and regularly pays all or part of the annual Energy and/or water bills of the property.
    • Covered public or private properties, other than covered city and covered local agency properties that have a total Gross Floor Area that equals or exceeds 30,000 square feet.
  • Covered Properties does not include:
    • Single family, duplex, triplex and fourplex residential homes and related accessory structures;
    • Properties owned or operated by a local agency of the state and subject to NRS 701.218;
    • Buildings used by any occupant, Tenant or Owner in any manner classified as industrial per designated Standard Industrial Classification (SIC) codes 20 through 39;
    • Buildings used by any occupant, Tenant or Owner in any manner classified as agricultural, per designated Standard Industrial Classification (SIC) codes 01 through 09;
    • Other building types not meeting the purpose of this Chapter, as determined by the Manager. 
Portland, Oregon – April 22
Cambridge, MA – May 1
  • Building Energy Use Disclosure (BEUDO)
  • Requires owners of the following to track and report annual energy use through Energy Star Portfolio Manager to the City and publicly disclose the data:
    • Municipal buildings 10,000 ft2 or greater
    • Parcels with non-residential buildings singly or together that contain 25,000 ft2 or greater
    • Parcels with residential buildings singly or together that contain 50 or more units
Kansas City, Missouri – May 1
  • Energy Empowerment Ordinance (EEO)
  • Requires that all building owners or their authorized agent enter 12 calendar months of complete and accurate energy and water consumption data into ESPM and report to the City. The following buildings apply:
    • Municipal: Exceeds 10,000 ft2
    • Institutional, commercial, industrial, multifamily: Exceeds 50,000 ft2
​​​​​​​New York, NY – May 1
  • New York City Benchmarking Law (NYCBL)
  • Requires properties listed in the Covered Buildings Lists to benchmark annual energy and water use for all covered buildings 50,000 ft or greater.
    • NOTE: Review the newest Covered Buildings List each year
  • Local Law 87 mandates buildings over 50,000 ft2 undergo periodic energy audit and retro-commissioning measures.
    • Determine if building needs to comply and year due.
    • Conduct energy audit and retro-commissioning of base building systems and complete Energy Efficiency Report (EER) electronically
    • Submit EER to the City once every 10 years by December 31st.
Orlando, Florida – May 1
  • Building Energy and Water Efficiency Strategy (BEWES)
  • Requires any city-owned building 10,000 ft2 or greater and any commercial or multifamily building 50,000 ft2 or greater to use Energy Star Portfolio Manager to obtain their energy benchmarking score, track and report whole-building energy use to the City annually.
  • Beginning May 2020, buildings with an Energy Star score less than 50 must perform an energy audit or a retro-commissioning service. Free energy audits provided by Orlando Utility Commission will be eligible for compliance.
​​​​​​​Portland, Maine – May 1
  • Portland, ME Energy Benchmarking
  • Requires Municipal Properties 5,000 SF+ to track and report energy and water use annually to the City. When the ordinance becomes effective, the Sustainability Office will notify all affected property owners by mail and will announce the new reporting deadline on the City webpage. Properties covered under the ordinance include:
    • Municipal Buildings over 5,000 sq. ft.
    • Non-Residential single or grouped buildings over 20,000 sq. ft.
    • Residential Buildings that singly or together contain 50+ dwelling units
    • As of 7/15/19, all single-occupant buildings have a reporting deadline of May 1, 2020. A single-occupant building is defined as any building with a single tenant that utilizes 90% of more of the building space.
Salt Lake City, Utah – May 1
  • Elevate Buildings Ordinance (EBO)
  • Requires commercial properties 50,000 SF+ to track and report energy use annually to the City. Buildings 25,000 SF required in 2020
​​​​​​​San Jose, California – May 1
  • Energy & Water Building Performance Ordinance (EWBPO)
  • Existing buildings owned by the City of San José and are fifteen thousand (15,000) square feet or more, and privately-owned residential or nonresidential buildings which are twenty thousand (20,000) square feet or more.
    • This ordinance shall not apply to single-family, two-family, and four-plex Residential Buildings and related accessory structures; residential hotels as defined by the California Health and Safety Code Section 50519 and San José Municipal Code Section 20.200.1160; utility pumping stations; treatment facilities; and other buildings not meeting the purpose of this Chapter, as determined by the Environmental Services Department.
South Portland, Maine – May 1
  • City of South Portland Benchmarking Ordinance (SPBO)
    • Non-residential building with 5,000 square feet or more of gross floor area that is located in the Village Extension, Broadway Corridor, and Mill Creek Core zoning districts
    • Residential building with 10 or more dwelling units that is located in the Village Extension, Broadway Corridor, and Mill Creek Core zoning districts
    • Residential apartment complex with 10 or more units that is located in the Village Extension, Broadway Corridor, and Mill Creek zoning districts
    • Municipal or school building with 5,000 square feet or more of gross floor area
    Boston, Massachusetts – May 15
    • Building Energy Reporting and Disclosure (BERDO)
    • Requires following portfolios to report their annual energy and water usage:
      • Nonresidential buildings that are 35,000 ft2+
      • Residential buildings that are 35,000 ft2+, or have 35+ units
      • Any parcel with multiple buildings that sum to 100,000 ft2 or 100 units
    • Energy audit or assessment must be completed every five years beginning in 2019
    ​​​​​​​Atlanta, Georgia – June 1
    • Atlanta Commercial Buildings Energy & Water Efficiency 
    • Requires owners of Commercial Buildings AND Multi-Family Buildings over 25,000 square feet to benchmark energy and water consumption on an annual basis. In 2018, compliance for multifamily buildings was voluntary; compliance will be mandatory in 2019. 
    • Benchmark information will be reported to the City annually and made publicly available. 
    • Applies to both city-owned and privately-owned buildings; buildings owned by government entities other than the City of Atlanta (e.g. school districts, state buildings and federal buildings) need not comply unless governed by appropriate laws to do so.
    ​​​​​​​Austin, Texas – June 1
    • Energy Conservation Audit Disclosure (ECAD)
    • Requires energy audits and disclosures for all homes and buildings which are served by Austin Energy and located within Austin city limits. Commercial buildings 10,000 ft2+
    Boulder, Colorado – June 1
    • Boulder Building Performance Program (BBPPO)
    • Ordinance requires privately-owned commercial and industrial buildings and city-owned buildings to:
      • Annually Rate & Report (R&R) building energy use for the following:
        • 2020: Existing Buildings ≥ 20,000 ft2
      • Energy Assessments & Public Disclosure:
        • 2021: Existing Buildings ≥ 30,000 ft2
        • 2023: Existing Buildings ≥ 20,000 ft2
      • Lighting Upgrades & RCx:
        • 2021: Existing Buildings ≥ 50,000 ft2; New Buildings ≥ 10,000 ft2; City Buildings ≥ 5,000 ft2
        • 2023: Existing Buildings ≥ 30,000 ft2
        • 2025: Existing Buildings ≥ 20,000 ft2
      • Implement RCx Measures:
        • 2023: Existing Buildings ≥ 50,000 ft2; New Buildings ≥ 10,000 ft2; City Buildings ≥ 5,000 ft2
        • 2025: Existing Buildings ≥ 30,000 ft2
        • 2027: Existing Buildings ≥ 20,000 ft2
    California (Statewide) – June 1
    • Assembly Bill 802 (AB 802)
    • Requires owners of commercial buildings and buildings with 17 or more residential utility accounts that are greater than 50,000 ft2 in California to benchmark energy performance annually and report results to the California Energy Commission

    Learn more about UL’s energy benchmarking services for AB802 

    Chicago, Illinois – June 1
    • Chicago Energy Benchmarking Ordinance (CEBO)
    • Requires existing commercial, institutional, and residential buildings larger than 50,000 ft2 to track whole-building energy use, annually report to the City, and verify data accuracy every three years.
    • In the first-year buildings benchmark and every third year thereafter, buildings must have energy and building data reviewed by an in-house or 3rd-party professional with a license or training credential recognized by the City.
    • Ordinance does not require mandatory improvements, audits, or retrofits for poor performers
    Denver, Colorado – June 1
    ​​​​​​​Minneapolis, MN – June 1
    Montgomery County, Maryland – June 1
    • Building Energy Benchmarking (BEB)
    • Requires building owners to benchmark energy use of nonresidential buildings 50,000 ft2 or greater using Energy Star Portfolio Manager and report information to the County for public disclosure.
    San Diego, California – June 1
    • Building Energy Benchmarking Ordinance (BEBO)
    • Requires all Commercial buildings larger than 50,000 ft2+ and Multi-Family and Mixed-use properties with more than 17 residential utility accounts larger than 50,000 ft2+. 
      • Cities include San Diego, San Ysidro, La Jolla, Imperial Beach.
    Evanston, IL – June 30
    • Building Energy & Water Use Benchmarking (BEWUBO)
    • Ordinance requires the following types of covered buildings to comply for Energy & Water consumption:
      • Type 1 – 100,000 ft2 or greater – First year to comply (must report each following year): 2017
      • Type 2 – 50,000 ft2 or greater – First year to comply (must report each following year): 2018
      • Type 3 – 20,000 ft2 or greater – First year to comply (must report each following year): 2019
      • City Buildings – 10,000 ft2 or greater – First year to comply (must report each following year): 2017
    • Covered Building owners must have their Reported Benchmarking Information verified by a Certified Professional.
    ​​​​​​​Philadelphia, Pennsylvania – June 30
    Pittsburgh, PA – June 30
    Berkeley, California – July 1
    • Berkeley Energy Saving Ordinance (BESO)
    • General description of affected buildings (Energy Only):
      • Multi-Family, Non-Residential, Public/Government: Greater Than or Equal to 50,000 ft2 by July 1, 2018
      • Multi-Family, Non-Residential, Public/Government: Greater Than or Equal to 25,000 ft2 by July 1, 2019
      • Multi-Family, Non-Residential, Public/Government: Greater Than or Equal to 15,000 ft2 by July 1, 2020
      • Multi-Family, Non-Residential, Public/Government: Greater Than or Equal to 5,000 ft2 by July 1, 2021
      • Multi-Family, Non-Residential, Public/Government: Less Than 5,000 ft2 by July 1, 2022
    • Energy assessment or audit must be conducted every five years
      • Score of 80 or above Exempt from Energy Assessment.
      • Requires energy assessments at time of sale for medium, small, and single-family buildings, and will phase-in all buildings by building size and year, with exception of single-family homes (One to four units).
      • Must be conducted by Registered BESO Energy Assessor for building type
    Ontario, Canada – July 1
    • Reporting of Energy Consumption and Water Use (RECWU)
    • Regulation requires buildings or greater commercial and multi-unit residential properties with 10+ units to report water and energy use annually.
    • Annual Compliance Due Dates Based on Building Type:
      • Commercial, Industrial, Multi-Unit Residential: 100,000 sf2 or greater: July 1, 2019
      • Commercial, Industrial, Multi-Unit Residential: 50,000 sf2 or greater: July 1, 2020
    ​​​​​​​​​​​​​​Washington State – July 16
    • Washington State Energy Benchmarking Law
    • Requires Municipal Properties 5,000 SF+ to track and report energy and water use annually to the City. When the ordinance becomes effective, the Sustainability Office will notify all affected property owners by mail and will announce the new reporting deadline on the City webpage. Properties covered under the ordinance include:
      • Municipal Buildings over 5,000 sq. ft.
      • Non-Residential single or grouped buildings over 20,000 sq. ft.
      • Residential Buildings that singly or together contain 50+ dwelling units
    • As of 7/15/19, all single-occupant buildings have a reporting deadline of May 1, 2020. A single-occupant building is defined as any building with a single tenant that utilizes 90% of more of the building space.
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