Building Performance Standard Compliance — Meet the Deadline, Avoid the Penalty
Over 40 US jurisdictions now require commercial buildings to meet energy or emissions targets. Penalties start at $5,000. We help you comply — on time.
What Are Building Performance Standards?
Building Performance Standards (BPS) are state and local laws that mandate existing commercial buildings meet defined energy use or greenhouse gas emissions targets by specific deadlines. Unlike building codes that apply only to new construction, BPS laws apply retroactively to buildings already in operation — meaning your current portfolio may already be subject to compliance obligations you are not yet aware of. Covered building owners must benchmark their energy performance annually using EPA's Portfolio Manager tool, demonstrate that their buildings meet jurisdiction-specific Energy Use Intensity (EUI) or carbon emissions targets, and file compliance documentation with the relevant authority.
BPS laws exist because the built environment accounts for approximately 40% of US energy consumption and a significant share of greenhouse gas emissions. Legislatures across the country have determined that voluntary efficiency programs alone are insufficient to meet climate commitments, so mandatory performance targets with real financial penalties are now the law in major markets. Penalties for non-compliance are not nominal — they are calculated per square foot or per ton of CO 2e over the limit, meaning a single non-compliant building can face six-figure annual fines. Building owners who act early have more pathway options, lower implementation costs, and avoid penalty exposure entirely.
Jurisdictions We Cover
We provide compliance consulting for all major BPS jurisdictions nationwide. Below are the highest-priority markets where deadlines are active or imminent.
Washington State
Tier 1 covers buildings over 50,000 SF. Penalties of $5,000 base plus $1.00/SF/year for non-compliance. Tier 2 phased in through 2031. Most urgent market for current clients.
Oregon
Reporting requirements begin in 2026 for large commercial buildings. Performance targets and penalty structure being finalized. Early benchmarking now is essential.
New York City
$268 per ton of COÊ2e over the building's annual emissions limit. Covers buildings over 25,000 SF. Compliance periods run 2024 – 2029 and 2030 onward with tighter targets.
Boston
Building Emissions Reduction and Disclosure Ordinance covers buildings over 20,000 SF. Annual emissions reporting required with escalating targets through 2050.
Washington DC
Applies to buildings over 50,000 SF. Energy performance score benchmarking and mandatory improvement actions required. Compliance deadlines tied to ENERGY STAR score targets.
Colorado
Covers buildings over 50,000 SF statewide, with first compliance cycle benchmarking underway. Targets ramp down toward 2030 and 2040 reduction goals.
Our BPS Compliance Services
From initial gap analysis through annual reporting, we handle every phase of your building performance compliance program — fully remote, no site visit required for most engagements.
Compliance Gap Analysis
We benchmark your building against your jurisdiction's target, calculate your current Energy Use Intensity (EUI) or carbon emissions, and quantify exactly how far you are from compliance. You get a clear number — not an estimate.
- EPA Portfolio Manager setup and data entry
- 12-month EUI baseline calculation
- Jurisdiction-specific target comparison
- Gap quantification in EUI and kBtu
- Written gap analysis report
Compliance Pathway Selection
Most BPS laws offer multiple routes to compliance. We evaluate each available pathway for your building and recommend the approach that balances cost, timeline, and risk — including alternative compliance pathways (ACP) where available.
- Performance path analysis (meet EUI target)
- Prescriptive path review (approved measures)
- Alternative Compliance Pathway (ACP) eligibility
- Hardship and technical infeasibility assessment
- Pathway recommendation memo
Implementation Support
Once we know your gap, we help you close it. We identify, prioritize, and document the energy improvements most likely to move your EUI score within your budget and timeline — without recommending unnecessary capital projects.
- Energy conservation measure (ECM) identification
- ECM prioritization by EUI impact and cost
- Vendor scope review and guidance
- Projected EUI impact modeling
- Implementation timeline planning
Annual Reporting
BPS compliance is not a one-time event — most jurisdictions require annual benchmarking and periodic compliance filings. We handle the ongoing documentation and submission process so deadlines are never missed.
- Annual Portfolio Manager data update
- Jurisdictional compliance filing preparation
- Deadline tracking and calendar management
- Compliance status documentation
- Year-over-year performance trend reporting
What Happens If You Don't Comply
BPS penalties are structured to increase with building size and severity of non-compliance. They are not one-time fines — they accrue annually until the building meets its target.
| Jurisdiction / Law | Penalty Structure | Example Exposure |
|---|---|---|
| Washington State (CBPS / HB 1257) | $5,000 base + $1.00/SF/year over the target EUI limit | 100,000 SF building missing target: $105,000+/year |
| NYC Local Law 97 | $268 per ton of COÊ2e over the building's annual emissions cap | 500 tons over limit: $134,000/year |
| Boston BERDO 2.0 | Escalating penalties per ton of emissions above target; enforcement ramps through 2025 – 2030 | Varies by building type and gap to target |
| Washington DC (BEPS) | Mandatory improvement requirements and fines for buildings that fail to meet ENERGY STAR score benchmarks after grace period | Non-compliant buildings subject to action plans and escalating enforcement |
| Colorado BPS | Civil penalties for failure to benchmark or meet targets; penalty amounts set by CDPHE rulemaking | Finalized penalty structure per CDPHE regulations |
Our Compliance Process
Five clearly defined steps from initial review to annual compliance filings. Most clients complete Steps 1 through 3 within two weeks of engagement.
Initial Assessment
We collect your building's basic data — square footage, occupancy type, location, and utility account information — and identify every applicable BPS law, reporting obligation, and deadline. You receive a clear compliance obligation summary before any analysis begins.
Benchmarking
We establish your building's baseline Energy Use Intensity (EUI) in EPA's ENERGY STAR Portfolio Manager using 12 months of actual utility data. We handle data entry, verify accuracy, and ensure your building is classified correctly for the applicable use-type comparison.
Gap Analysis
We compare your benchmarked EUI to the jurisdiction's target for your building type and compliance cycle. The result is a specific, quantified gap in kBtu/SF/year — not a range or estimate. You know exactly where you stand and what you need to achieve.
Compliance Strategy
We evaluate the performance path, prescriptive path, and any available alternative compliance pathways for your specific building and jurisdiction. We recommend the most cost-effective route, model its projected EUI impact, and deliver a compliance action plan with timeline and estimated costs.
Reporting and Documentation
We prepare and submit all required compliance filings with the jurisdiction, maintain your Portfolio Manager data annually, and track upcoming deadlines across your portfolio. You receive a compliance status report each reporting cycle confirming your standing.
Frequently Asked Questions
Common questions from building owners and property managers navigating BPS compliance for the first time.
Start Your Free Compliance Assessment
Tell us your building's location and size. We'll identify every applicable BPS law, your current compliance status, and your next required action — at no charge.
"Know the law. Meet the deadline. Avoid the penalty."