San José’s Building Performance Ordinance (BPO) requires owners of nonresidential and multifamily buildings 20,000 square feet and larger to annually benchmark energy and water use via ENERGY STAR Portfolio Manager and meet building performance standards on a rolling five-year cycle or perform improvements. The BPO is administered by the City of San José and supports the Climate Smart San José initiative
| When | Requirement |
|---|---|
|
Annual |
Annual Benchmarking (Due May 1): Track whole-building energy and water use in ENERGY
STAR Portfolio Manager and submit it to the city. $150 annual reporting fee per building.
Extensions are available for up to 180 days if requested by May 1. |
|
Every 5 Years |
Beyond Benchmarking: Demonstrate satisfactory efficiency (Performance Pathway) or
complete improvement actions (Improvement Pathway). Due dates phased by building GFA
and last digit of Assessor’s Parcel Number (APN). Repeats every 5 years |
|
2023 |
First Beyond Benchmarking Cohort: Buildings 50,000+ sq ft with APN ending in 0 or 1 due
May 1, 2023.
|
|
2024–2028 |
Phased Rollout — Remaining buildings 20,000–49,999 sq ft phased in by APN. Check the
City’s compliance schedule for your building’s specific deadline. |
| Violation Type | Penalty | ||
|---|---|---|---|
|
Buildings under 50,000 sq ft |
Up to $25/day of noncompliance (max $2,500/year) |
||
|
Buildings 50,000+ sq ft |
Up to $50/day of noncompliance (max $5,000/year) |
Each day of non-compliance is considered a separate violation (§17.85.550).
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