This document summarizes benchmarking laws in several US jurisdictions, including enacted dates, authorities in charge, benchmarking tools used, building types and sizes affected, disclosure and reporting requirements, compliance enforcement, and additional details. Key jurisdictions discussed are Austin, TX, Boston, MA, California, Cambridge, MA, Chicago, IL, Washington DC, Minneapolis, MN, Montgomery County, MD, New York City, Philadelphia, San Francisco, Seattle, and Washington state.
1. CURRENT BENCHMARKING JURISDICTIONS, USA
Jurisdiction Austin, TX Boston, MA California
Enacted Date 2008 2013 2007
Authority in Charge Director of the Austin Electric Utility Air Pollution Control Commission California Energy Commission
Tool Name Energy Star Portfolio Manager Energy Star Portfolio Manager Energy Star Portfolio Manager
Relevant Links
Non-residential, >=75,000 GSF 6/1/12 Public/Government, ALL, 6/15/13 Non-Residential >=10,000 1/1/14
Non-residential, >=30,000 GSF 6/1/13 Multi-Family >=50,000 5/15/15 Non-Residential >=5,000 7/1/15
Non-residential, >=10,000 GSF 6/1/14 Multi-Family >=50 Dwellings 5/15/15
Multi-Family >= 5 Dwellings 6/1/11 Multi-Family >=35.000 5/15/17
Multi-Family >=35 Dwellings 5/15/15
Non-Residential >= 50,000 9/15/14
Single-Family - ALL 6/1/09 Non-Residential >= 35,000 5/15/16
DISCLOSURE
Required Disclosure Yes Yes Yes
Disclosure Method Public Website
Disclosure Recipients Buyers, Lessees Public Website Buyers, Lessees, Lenders
Disclosure Trigger Point of Transaction Date Certain Point of Transaction
Disclosure Frequency Annually
Disclosure Trigger Events Purchase/Sell/Rent (required) Purchase/sell/Rent (required)
REPORTING
Required Reporting Yes Yes No
Reporting Trigger Date Certain Date Certain
Reporting Frequency Annually Annually
COMPLIANCE
Compliance Enforcement Yes Yes No
Penalties for Non-Compliance Yes Yes
Description $500 to $2,000 fine $75 to $200/day for owners. Max annual fine is $3,000
ADDITIONAL INFORMATION
Audits Yes Yes
Retrocommissioning No
Water Use Tracking No Yes No
Buildings Affected 2,800 1,600 13,600
GSF Affected 113,000,000 250,000,000 347,000,000
Ordinance Name
Energy Conservation Audit & Disclosure
Ordinance
Building Energy Reporting & Disclosure
Ordinance
Assembly Bill 1103
Building Types Affected
F03.10 Benchmarking Jurisdictions
Benchmark Laws 1
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2. CURRENT BENCHMARKING JURISDICTIONS, USA
Jurisdiction
Enacted Date
Authority in Charge
Tool Name
Relevant Links
DISCLOSURE
Required Disclosure
Disclosure Method
Disclosure Recipients
Disclosure Trigger
Disclosure Frequency
Disclosure Trigger Events
REPORTING
Required Reporting
Reporting Trigger
Reporting Frequency
COMPLIANCE
Compliance Enforcement
Penalties for Non-Compliance
Description
ADDITIONAL INFORMATION
Audits
Retrocommissioning
Water Use Tracking
Buildings Affected
GSF Affected
Ordinance Name
Building Types Affected
Cambridge, MA Chicago, IL Washington, DC
2014 2013 2008
City of Cambridge Community Development
Department
Commissioner of Business Affairs and
Consumer Protection
District Dept. of the Environment
Energy Star Portfolio Manager Energy Star Portfolio Manager Energy Star Portfolio Manager
Public/Government >= 10,000 12/31/14 Public/Gov >= 250,000 6/1/14 Public/Gov >=10,000 4/1/10
Non-Residential >=50,000 5/1/15 Public/Gov >=50,000 6/1/15 Non-Residential >=100,000 4/1/13
Non-Residential >=25,000 5/1/16 Non-Residential >=250,000 6/1/14 Multi-Family >=100,000 4/1/13
Multi-Family >=50 Dwellings 5/1/15 Non-Residential >=50,000 6/1/15 Non-Residential >=50,000 4/1/14
Multi-Family >=250,000 6/1/15 Multi-Family >=50,000 4/1/14
Multi-Family >=50,000 6/1/16
Yes Yes Yes
Public Website Public Website Public Website
Public Website Public Website Public Website
Date Certain Date Certain Date Certain
Annually Annually Annually
Yes Yes Yes
Date Certain Date Certain Date Certain
Annually Annually Annually
Yes Yes Yes
Yes Yes Yes
$300/day $100 + $25/day Up to $100/day
Yes No
Yes No
Yes No Yes
3,500 2,000
900,000,000 357,000,000
Building Energy Use & Disclosure Ordinance Energy Use Benchmark Ordinance Clean & Affordable Energy Act
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Benchmark Laws 2
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3. CURRENT BENCHMARKING JURISDICTIONS, USA
Jurisdiction
Enacted Date
Authority in Charge
Tool Name
Relevant Links
DISCLOSURE
Required Disclosure
Disclosure Method
Disclosure Recipients
Disclosure Trigger
Disclosure Frequency
Disclosure Trigger Events
REPORTING
Required Reporting
Reporting Trigger
Reporting Frequency
COMPLIANCE
Compliance Enforcement
Penalties for Non-Compliance
Description
ADDITIONAL INFORMATION
Audits
Retrocommissioning
Water Use Tracking
Buildings Affected
GSF Affected
Ordinance Name
Building Types Affected
Minneapolis, MN
Montgomery County,
MD
New York, NY
2013 2014 2009
Director of Minneapolis Health Dept. Dept. of Environmental Protection Dept. of Buildings
Energy Star Portfolio Manager Energy Star Portfolio Manager Energy Star Portfolio Manager
Non-Residential >=100,000 5/1/14 Public/Gov, ALL 6/1/15 Public/Gov >=10,000 5/1/10
Non-Residential >=50,000 5/1/15 Non-Residential >=250,000 12/1/16 Non-Residential >=50,000 5/1/11
Public/Gov >=25,000 5/1/13 Non-Residential >=50,000 12/1/17 Multi-Family >=50,000 5/1/11
Yes Yes Yes
Public Website Public Website Public Website
Public Website Public Website Public Website
Date Certain Date Certain Date Certain
Annually Annually Annually
Yes Yes Yes
Date Certain Date Certain Date Certain
Annually Annually Annually
Yes Yes Yes
Yes No Yes
45 days to comply before penalty $500 for missing deadline; +$500/qtr
No Yes
No Yes
Yes No Yes
625 750 15,300
110,000,000 68,000,000
Commercial Building Rating & Disclosure
Ordinance
Bill 2-14 Local Law 84
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Benchmark Laws 3
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4. CURRENT BENCHMARKING JURISDICTIONS, USA
Jurisdiction
Enacted Date
Authority in Charge
Tool Name
Relevant Links
DISCLOSURE
Required Disclosure
Disclosure Method
Disclosure Recipients
Disclosure Trigger
Disclosure Frequency
Disclosure Trigger Events
REPORTING
Required Reporting
Reporting Trigger
Reporting Frequency
COMPLIANCE
Compliance Enforcement
Penalties for Non-Compliance
Description
ADDITIONAL INFORMATION
Audits
Retrocommissioning
Water Use Tracking
Buildings Affected
GSF Affected
Ordinance Name
Building Types Affected
Philadelphia, PA San Francisco, CA Seattle, WA
2012 2011 2012
Office of Sustainability SF Dept. of Environment
Dir. Of the Seattle Office of Sustainability
and Environment
Energy Star Portfolio Manager Energy Star Portfolio Manager Energy Star Portfolio Manager
Non-Residential >=50,000 6/30/14 Non-Residential >=50,000 10/1/11 Multi-Family >=50,000 10/1/12
Public/Gov >=50,000 6/30/14 Non-Residential >=25,000 4/1/12 Residential >=50,000 10/1/12
Non-Residential >=10,000 4/1/13 Multi-Family >=20,000 4/1/13
Residential >=20,000 4/1/13
Yes Yes Yes
Public Website Public Website Report to Recipient
Public Website Tenants Tenants, Buyers, Lenders
Date Certain Date Certain Point of Transaction
Annually Annually Purchase/Sell/Rent/Financing
Yes Yes Yes
Date Certain Date Certain Date Certain
Annually Annually Annually
Yes Yes Yes
Yes Yes Yes
$300 first 30 days, $100/day after Warning, public notice, fine $500 - $1,000/quarter
Yes No
Yes No
Yes No No
1,500 2,700 3,226
300,000,000 205,000,000 281,300,000
Secton 9-3402 of the Philadelpha Code
Existing Commercial Buildings Energy
Performance Ordinance
Building Energy Benchmarking & Reporting
Program
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Benchmark Laws 4
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5. CURRENT BENCHMARKING JURISDICTIONS, USA
Jurisdiction
Enacted Date
Authority in Charge
Tool Name
Relevant Links
DISCLOSURE
Required Disclosure
Disclosure Method
Disclosure Recipients
Disclosure Trigger
Disclosure Frequency
Disclosure Trigger Events
REPORTING
Required Reporting
Reporting Trigger
Reporting Frequency
COMPLIANCE
Compliance Enforcement
Penalties for Non-Compliance
Description
ADDITIONAL INFORMATION
Audits
Retrocommissioning
Water Use Tracking
Buildings Affected
GSF Affected
Ordinance Name
Building Types Affected
Washington
2009
Dept. of Community, Trade & Economic
Development
Energy Star Portfolio Manager
Public/Gov >=10,000
Non-Residential >=50,000 1/1/11
Non-Residential >=10,000 1/1/12
Yes
Buyers, Lessees, Lenders
Point of Transaction
Purchase/Sell/Rent
No
No
Yes
No
4,600
247,000,000
Efficiency First
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Benchmark Laws 5
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