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San Jose BPO

BEYOND BENCHMARKING REQUIREMENTS (UPDATED): On March 30, 2021 City Council extended the onset of Beyond Benchmarking (Energy Audit)requirements from the original target date of May 1, 2021, to May 1, 2023.

Starting in 2023, building owners will be required to demonstrate either building efficiency or improvement in annual cohorts specified by the ordinance (San José Code of Ordinances, Chapter 17.85.400). If an owner can demonstrate that a covered building meets key performance standards through yearly benchmarking, the owner can then submit a Performance Verification Report. If a building is not able to meet these standards, the owner can perform an energy audit, retuning or targeted efficiency upgrade to improve performance.

The San Jose BPO Benchmark Reporting Deadline for your 2021 Report is May 1, 2022.

San Jose Energy and Water Building Performance Ordinance (BPO)

The City of San Jose has adopted its Building Performance Ordinance (BPO), an ordinance which requires you to report a building's Energy and Water Performance to the City in lieu of reporting to the California Energy Commission (CEC). The City will forward your Energy and Water Benchmark Report to the CEC. However, the City's reporting requirements exceed those of the CEC. The differences are:

1. BPO requires both energy AND water benchmarking

2. BPO includes commercial and multifamily buildings 20,000 square feet and over

3. The BPO reporting deadline is May 1st annually:

- May 1st, 2019 for all commercial and multifamily buildings 50,000 square feet and over

- May 1st, 2020 for commercial and multifamily buildings 20,000 to 50,000 square feet

4. Every five years, BPO requires buildings to meet performance standards or complete one of three potential improvement pathway actions to help improve energy/water efficiency performance

The City will publish a subset of summary data to support market transparency and recognized high performing buildings across San Jose.

Exceptions to the Ordinance

The ordinance does not apply to single-family, two-family and four-plex Residential Buildings, nor to residential hotels, utility pumping stations and treatment facilities. The ordinance DOES apply to condominiums.

A property with a land use zoning designation that is exclusively industrial (Zones HI & LI) is excluded. Properties in Zone IP (Industrial Park) are NOT exempt.

Exemptions to the Ordinance

1. The property did not have a certificate of occupancy during the reporting period

2. The entire property was not occupied, due to renovation, during the entire calendar reporting period

3. The demolition permit for the entire property has been issued and demolition work has commenced on or before the date the report is due for that calendar year

4. The Property did not receive energy or water services for the entire calendar year required to be benchmarked

5. The Property is in financial distress

6. The disclosure of the Property's energy and water use data would result in the release of proprietary data that would violate a customer's right to privacy

For more information about the ordinance and whether your property may be exempt, contact us at 415-937-5046 or