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Building Performance Standard Compliance Deadlines: State-by-State Tracker

Over 40 US jurisdictions have enacted building performance standards. Use this tracker to find compliance deadlines for your buildings. Updated for 2026.

Last updated: March 2026 Green Check Solutions LLC John Slagboom, CEM
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How to Use This Tracker

Find your jurisdiction in the table below and review the key compliance deadlines, building size threshold, and current enforcement status. Color-coded rows distinguish jurisdictions with active performance enforcement (including financial penalties) from those currently limited to annual benchmarking and disclosure requirements.

If your building is in an Active jurisdiction, you have a legally enforceable deadline and face financial penalties for non-compliance. If you are in a Benchmarking Only jurisdiction, annual energy reporting is required but no performance targets or penalties currently apply — though most of these programs are expected to add performance requirements in the coming years.

BPS Compliance Deadlines by Jurisdiction

Comprehensive state-by-state and city-by-city building performance standard deadlines. Sorted by enforcement status and deadline urgency.

Scroll horizontally to view all columns →

Jurisdiction Law / Program Building Size Threshold Key Deadlines Penalty Status
Washington State Clean Buildings Performance Standard (HB 1257 / CBPS) > 50,000 SF
  • Tier 1 (>220K SF): Jun 1, 2026
  • Tier 2 (90–220K SF): Jun 1, 2027
  • Tier 3 (50–90K SF): Jun 1, 2028
$5,000 + $1.00/SF/yr Active
New York City, NY Local Law 97 (LL97) > 25,000 SF
  • Compliance Period 1: 2024–2029
  • Compliance Period 2: 2030–2034
  • Annual reporting required
$268/ton CO₂e over limit Active
Boston, MA BERDO 2.0 (Building Emissions Reduction & Disclosure Ordinance) > 20,000 SF
  • Performance standards: 2025+
  • Annual GHG reporting required
  • Targets tighten through 2050
$1,000/day non-compliance Active
Washington, DC Building Energy Performance Standards (BEPS) > 50,000 SF
  • Compliance Cycle 1: 2026–2027
  • Compliance Cycle 2: 2028 (>25,000 SF)
  • Annual benchmarking ongoing
TBD (alternative compliance payment) Active
Oregon Building Performance Standard (HB 3409) > 35,000 SF
  • Benchmarking: Jul 1, 2026
  • First compliance report: 2028
  • Penalties finalized Aug 2025
$5,000 + $1.00/SF/yr (non-report); $1,500 + $0.20/SF/yr (non-compliant) Active
Colorado Building Benchmarking & Performance Standard (HB 21-1286) > 50,000 SF
  • Benchmarking: Dec 2025
  • Performance targets: 2026+
  • GHG reduction targets apply
TBD Active
Seattle, WA Seattle BPS (local + WA state CBPS) > 50,000 SF
  • Tier 1: Jun 1, 2026 (aligns with WA)
  • Tier 2: Jun 1, 2027
  • Local additions may apply
Same as WA CBPS Active
Denver, CO Energize Denver > 25,000 SF
  • Interim target: 2028 (per Apr 2025 update)
  • Final target: 2032
  • Annual benchmarking required now
$0.30/kBtu over EUI target Active
California (statewide) Various local ordinances (no single statewide BPS yet) Varies by city
  • Multiple local deadlines (LA, SF, Oakland)
  • Statewide BPS legislation pending
  • Check local jurisdiction
Varies Patchwork
Chicago, IL Chicago Energy Benchmarking Ordinance > 50,000 SF
  • Annual reporting (June 1 each year)
  • No performance targets yet
$1,000/yr (late reporting) Benchmarking Only
Minneapolis, MN Building Energy Benchmarking Ordinance > 50,000 SF
  • Annual reporting required
  • No performance penalties currently
N/A (reporting only) Benchmarking Only
Atlanta, GA Atlanta Commercial Building Energy Efficiency Ordinance > 50,000 SF
  • Annual reporting required
  • No performance targets yet
$1,000/yr (non-reporting) Benchmarking Only
St. Louis, MO Building Energy Awareness & Efficiency Act > 50,000 SF
  • Annual benchmarking required
  • Performance standards not yet enacted
TBD Benchmarking Only
Cambridge, MA Building Energy Use Disclosure Ordinance (BEUDO) > 25,000 SF
  • Annual reporting required
  • Performance standards under development
TBD Benchmarking Only
Active enforcement — financial penalties apply
Benchmarking & disclosure only
Patchwork / local programs vary
Data currency: Legislation and rulemaking timelines change frequently. Deadlines are accurate as of March 2026. Always confirm current requirements with the relevant regulatory authority before making compliance decisions. Contact us with any corrections or updates.

Upcoming Jurisdictions to Watch

Several states and cities have pending BPS legislation or are in active rulemaking. Building owners in these areas should begin benchmarking now.

New Jersey
Legislation Pending

Statewide BPS legislation introduced. Covers commercial and multifamily buildings above 25,000 SF. Expected to align with NYC LL97 frameworks.

Massachusetts (statewide)
Rulemaking Active

MEPA regulations and the BERDO model are being considered for statewide adoption. Boston BERDO is already active; broader state legislation advancing.

Virginia
Monitoring

Clean Economy Act sets GHG reduction goals. Commercial building performance standards are under discussion as part of APCO and Dominion rate proceedings.

Maryland
Legislation Pending

Building Energy Performance Standards bill introduced in the General Assembly. Would cover buildings over 35,000 SF with staged compliance deadlines beginning 2028.

Why start benchmarking early? Once performance standards are enacted, you typically have 12–24 months to demonstrate compliance. Buildings already enrolled in ENERGY STAR Portfolio Manager with historical data have a significant head start over those scrambling at the last minute.

What “Active” Means vs “Benchmarking Only”

These two categories represent very different levels of regulatory risk for building owners and operators.

Active Enforcement

Performance Standard in Effect

Your building must meet a specific energy or GHG intensity target by a defined deadline. Failure to comply results in financial penalties that continue until the building achieves compliance.

  • Mandatory EUI or GHG intensity target per building type
  • Annual compliance reporting required
  • Financial penalties for non-compliance (per-SF or per-ton)
  • Non-compliance may affect permits and property transactions
  • Qualified professional involvement typically required
Benchmarking Only

Disclosure Requirement in Effect

Your building is required to measure and report energy use annually, but there is no mandatory performance target yet. Penalties apply only to non-reporting, not to energy performance.

  • Annual energy benchmarking via ENERGY STAR Portfolio Manager
  • Data submitted to the relevant city or state agency
  • No EUI or GHG reduction requirement currently
  • Penalties for failing to report (not for energy performance)
  • Most programs expected to add performance requirements in future cycles
The key distinction: In an Active jurisdiction, your energy performance must meet a specific threshold or you pay ongoing financial penalties. In a Benchmarking Only jurisdiction, you must measure and disclose your energy use annually, but there is no consequence for having high energy consumption — yet. Most benchmarking-only programs are on a trajectory toward full performance standards within 3–7 years.

How We Can Help

Green Check Solutions provides end-to-end building performance standard compliance services for all active BPS jurisdictions — including Washington State CBPS, Oregon BPS, NYC Local Law 97, Boston BERDO, DC BEPS, and Energize Denver. Our process begins with an energy benchmarking and gap analysis that identifies exactly where your building stands relative to its applicable target, and produces a prioritized action plan with projected costs, timelines, and utility rebate opportunities. All work is delivered remotely, with no disruption to building operations or tenants.

Our founder, John Slagboom, CEM, has over 13 years of commercial energy consulting experience spanning office, multifamily, retail, industrial, and institutional building types across the Pacific Northwest and nationally. We speak the language of property managers, asset managers, and building engineers — translating complex regulatory requirements into straightforward compliance roadmaps. We also routinely identify utility billing errors and tax exemptions that offset the cost of compliance work entirely; if we find nothing, you pay nothing for that piece of the engagement.

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