Navigating Berkeley’s BESO Ordinance for Commercial Buildings

Berkeley Building Energy Savings Ordinance (BESO) Assessment Requirements

Building Use Type	Gross Floor Area	Required Energy Assessment	Frequency	Exceptions to Assessment (Also see General Exceptions below)
Commercial or Predominately Commercial	50,000 ft2 and above	ASHRAE Level 2 + Asset Score Reporting Template	Every 5 years	ENERGY STAR score of 80 or greater If building is not eligible for ES score, then Site EUI 25% below median
Commercial or Predominately Commercial	25,000  -  49,999 ft2	ASHRAE Level 1 + Asset Score Reporting Template	Every 5 years	ENERGY STAR score of 80 or greater If building is not eligible for ES score, then Site EUI 25% below median
Commercial or Predominately Commercial	15,000  -  24,999 ft2	ASHRAE Level 1 + Asset Score Reporting Template	At Time of Listing	See General Excemptions Below
Commercial or Predominately Commercial	850  -  14,999 ft2	ASHRAE Level 1 + Asset Score Reporting Template	At Time of Listing	See General Excemptions Below

General Execeptions

• Leed Certified

• Newly Constructed or Extensively Renovated Buildings Are Exempt For 10 years

• Distressed Sale Exemption

• Financial Hardship Deferral

• Deferral For Long-Term Tenancy under Rent Control

• Planned Demolition or Extensive Renovation

• Unable to Obtain Tenant Authorization if Less Than 3 Non-Residential Tenants

• Disclosure May Result in The Release of Proprietary Information

• Low Occupancy Deferral

• Hours of Operation Are Averaging Less Than 24 Hours per Week