San Jose (CA)

Is a local regulation designed to enhance building efficiency and sustainability within the city. It mandates that building owners undertake specific actions to monitor, assess, and improve energy and water usage in their properties. This initiative aligns with San Jose’s broader objectives of mitigating climate change, reducing air pollution, conserving water resources, and enhancing overall quality of life.

2. Applicability

The BPO applies to two main categories of buildings:

• Commercial buildings exceeding 20,000 square feet
• Multifamily residential buildings exceeding 20,000 square feet

3. Compliance Requirements for Building Owners

Energy Benchmarking: Building owners are obligated to monitor and record their energy and water consumption using the ENERGY STAR Portfolio Manager. This data must be submitted annually to the City of San Jose by May 1st. Owners can access the reporting portal through the BPO homepage. An annual reporting fee of $150 per building is applicable, with invoices dispatched to owners in early April each year.

Beyond Benchmarking: Starting from 2023, building owners must adhere to a five-year cycle for compliance verification. If a building meets predefined performance standards, owners can submit a Performance Verification Report. For buildings failing to meet these standards, they must conduct either an energy audit, a retuning of their building systems, or targeted efficiency upgrades. More detailed guidance is available on the City of San Jose’s Beyond Benchmarking page.

4. Penalties for Non-Compliance

Failure to meet the annual May 1st reporting deadline may result in the imposition of fines as follows:

• Buildings under 50,000 square feet: $25 per day of non-compliance, up to $2,500 per calendar year
• Buildings over 50,000 square feet: $50 per day of non-compliance, up to $5,000 per calendar year