Energy and water Building Performance Ordinance

On December 11, 2018, the City of San José voted to adopt the Energy and Water Building Performance Ordinance (BPO). This ordinance builds on existing state law (CA Assembly Bill 802) and will help the City reach the greenhouse gas emission reduction and water conservation goals of Climate Smart San José. Your compliance with this ordinance meets City and State requirements, and helps to achieve climate action goals, reduce air pollution, save water and improve quality of life in San José.

The BPO requires owners of nonresidential and multifamily buildings that are 20,000 square feet or larger in size to annually track their energy and water use with the EPA ENERGY STAR Portfolio Manager® platform and share it with the City of San José.

*NEW* Beginning in 2023, buildings are now also required to meet energy and water efficiency standards on a rolling five-year basis, or perform improvements if standards are not met. Please visit the Beyond Benchmarking webpage for more information on the requirements, including compliance deadlines, access to compliance forms, resources to help you throughout the process, and more.

Benchmarking Noticing Schedule

Benchmarking Notices - Early February 2024:

Compliance Notices will be mailed and emailed to all covered building owners with information about annual benchmarking requirements and deadlines.

Benchmarking Invoices - Early April 2024:

Annual invoices will be mailed to all covered building owners with information about how to pay the reporting fee.

Please email benchmarking@sanjoseca.gov if you did not receive your invoice, wish to update your mailing information, or would prefer to receive an electronic copy.

You can view a sample invoice for your reference. (Note: This sample invoice is for reference only and cannot be used for billing purposes. You will receive an official invoice in the mail with a unique identifying number. That number is required for bill payment.)

30-Day Noncompliance Notices – Early May 2024

30 Day Warning Notices will be sent to all covered building owners who have not submitted a compliant benchmarking report or been granted exemption or extension.

60-Day Noncompliance Notices – Early June 2024

UPCOMING REPORTING DEADLINES

Exemption - April 1, 2024:

Building owners requesting an exemption must submit their exemption request form no later than April 1. The form can be found below in Exemption and Extension Forms.

Benchmarking - May 1, 2024:

All covered buildings 20,000 square feet and over must: submit a benchmarking report with complete 2023 calendar year data by May 1st.

Need additional time to report? You may fill out an extension request form no later than May 1st granting you up to 180 additional days to submit your benchmarking report(s). The form can be found below in Exemption and Extension Forms.

Benchmarking - May 1, 2024:

Annual reporting fee payments for all covered buildings will be due one month from the invoicing date. See Benchmarking Noticing Schedule above.

Benchmarking Resources

Beyond Benchmarking webpage - Beyond Benchmarking guidance and forms

Benchmarking Checklist – Step-by-step benchmarking compliance instructions.

Benchmarking Frequently Asked Questions - New Questions added annually!

"About the Ordinance" Flyer – This flyer contains high-level information about the ordinance.

Watch previous "About the BPO" webinar recording

Watch previous "How to Comply" webinar recording

Learn more about the development of this ordinance.

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