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Building performance standards in the US: a registry of the 16 adopted laws, deadlines and penalties

Four states and 12 cities or counties now require existing buildings to meet energy or emissions limits. Here is who is covered, when, and what noncompliance costs.
Primary data
Official BPS law texts, rules and program pages for 16 jurisdictions; NYC, Boston and DC building-level coverage data
Data period
Laws enacted 2019 to 2025; status as of 2026-10-18
Latest release used
2026-10-18
Next release
Quarterly registry check (next January 2027)
Geography
United States (states, cities, counties)
Sources
57 (51 Tier 1)
Short answer

Sixteen US jurisdictions have adopted building performance standards as of October 2026: four states (Colorado, Maryland, Oregon, Washington) and 12 cities or counties led by New York City. Most cover buildings of 20,000 to 50,000 sq ft and up. First compliance years run from 2024 to 2031, and three published city datasets alone cover 4.33 billion sq ft.

16US jurisdictions with an adopted building performance standard (4 states, 12 local), August 2026[49][55]
4.33 billion sq ftFloor area covered in New York City, Boston and DC, from published building-level datasets[4][8][13]
$268Maximum NYC Local Law 97 penalty per metric ton of CO2e above the limit[1]
95%NYC Article 320 filers that met their 2024 emissions limit in year one[3]

Registry of US building performance standards (adopted laws and watch list)

Checked quarterly. Last checked 2026-10-18. Entries are neutral records of public data; each links to its source record.

JurisdictionCoverage threshold; metric; first compliance year; penaltyDateEvidenceSource
New York City (Local Law 97)more than 25,000 sq ft (or 2+ buildings on a lot above 50,000); GHG metric; first compliance 2024; penalty: Up to $268 per metric ton CO2e above the limit; failure to file up to $0.50 per sq ft per month2019-05-20law text + program pageRecord
St. Louis, MO (Ordinance 71132)50,000 sq ft and above; Energy metric; first compliance 2025; penalty: $1 to $500 per day after 60 days without data or an alternative compliance plan (IMT summary)2020-06-04law summary + IMT summaryRecord
Denver, CO (Energize Denver, Ordinance 21-1310)25,000 sq ft and above for EUI targets (5,000 to 24,999 prescriptive); Energy metric; first compliance 2025; penalty: Up to $0.15, $0.23 or $0.35 per kBtu over target per target year; up to $5.00 per sq ft if not benchmarked in a target year2021-11-22rules text + program pageRecord
Boston, MA (BERDO 2.0)20,000 sq ft and above non-residential; 15+ residential units; GHG metric; first compliance 2025; penalty: Fines of $1,000 per day (35,000 sq ft+) or $300 per day; Alternative Compliance Payment $234 per metric ton2021-10-05law text + program pageRecord
District of Columbia (BEPS)50,000 sq ft private (25,000 from 2028; 10,000 from 2034); Energy metric; first compliance 2026; penalty: Alternative compliance payment up to $10 per sq ft, capped at $7,500,0002019-03-22law text + program pageRecord
Washington State (Clean Buildings, HB 1257, WAC 194-50)Tier 1 over 50,000 sq ft (Tier 2: 20,000 to 50,000, no targets yet); Energy metric; first compliance 2026; penalty: Up to $5,000 plus $1 per sq ft per year in statute; Commerce assesses $5,000 plus $1.50 per sq ft2019-05-07law text + program pageRecord
Cambridge, MA (BEUDO amendments)25,000 sq ft and above non-residential; GHG metric; first compliance 2026; penalty: Up to $300 per day per violation; Alternative Compliance Credit $234 per ton in the first period (IMT summary)2023-06-26program page + IMT summaryRecord
Newton, MA (BERDO)20,000 sq ft and above public and commercial; GHG metric; first compliance 2027; penalty: $1,000 per day (35,000 sq ft+) or $300 per day; Alternative Compliance Payment $234 per metric ton (IMT summary)2024IMT summary (city page not opened)Record
Montgomery County, MD (Bill 16-21)25,000 gross sq ft and above; Energy metric; first compliance 2028; penalty: Class A civil violation: $500 initial, $750 repeat2022-05-02program pageRecord
Chula Vista, CA (BESO)20,000 sq ft and above; Energy metric; first compliance 2028; penalty: Up to $750, $1,500 or $2,250 per month by building size2021program page + policy summaryRecord
Oregon (HB 3409, 2023)Tier 1: 35,000 sq ft and above non-residential, hotel, motel; Energy metric; first compliance 2028; penalty: Up to $5,000 plus $1 per sq ft per year of continuing violation2023 (Or. Laws ch. 442)agency guidance + annual reportRecord
West Hollywood, CA (EBPS)20,000 sq ft and above; Energy and GHG metric; first compliance 2028; penalty: Fines equal to the social cost of carbon per unachieved ton; worst case adds up to $10 per sq ft per year (IMT summary)2025-12-01program page + IMT summaryRecord
Colorado (HB21-1286, Regulation 28)50,000 sq ft and above; Energy and GHG metric; first compliance 2030; penalty: Up to $2,300 per 30 days (first violation) and $5,800 per 30 days (subsequent), from January 1, 20312021-06-24law page + agency guideRecord
Maryland (Climate Solutions Now Act, BEPS)35,000 sq ft and above (Montgomery County exempt from Oct 2025); GHG metric; first compliance 2030; penalty: Alternative compliance payment $230 per metric ton in 2030, rising $4 per year2022-04-09agency overview + law pageRecord
Evanston, IL (Healthy Buildings Ordinance 1-O-25)over 20,000 sq ft; Energy and GHG metric; first compliance 2030; penalty: Fine set by the City Manager from noncompliance size and assessed value (IMT summary)2025-03-10program page + IMT summaryRecord
Seattle, WA (BEPS, SMC 22.925)larger than 20,000 sq ft; GHG metric; first compliance 2031; penalty: $10.00 per sq ft non-residential, $7.50 multifamily, $2.50 low-income; ACP $190 per MTCO2e times 5 years2023-12-13rule text + program pageRecord
Reno, NV (RMC Chapter 14.30)Not counted as a BPS: 2019 benchmarking ordinance; performance reporting requirements begin April 20262019program pageRecord
Ann Arbor, MI (ORD-21-30)Not a BPS: 2021 energy and water benchmarking ordinance (buildings 20,000 sq ft+); no performance standard adopted2021law textRecord
Columbus, OHProposed: city is considering a BPS; 2020 benchmarking ordinance covers 50,000 sq ft+2026program pageRecord

Which cities and states have building performance standards in 2026

Sixteen US jurisdictions have adopted building performance standards for existing buildings: four states and 12 cities or counties. Washington, Colorado and Maryland each pair a statewide law with a local one.

Building performance standard (BPS): A state or local law that requires existing buildings above a size threshold to meet a measured energy or greenhouse gas limit by set deadlines, with penalties or alternative payments if they do not. A benchmarking law only requires reporting; a BPS requires results.

The Institute for Market Transformation counts 16 US jurisdictions with an adopted BPS as of August 7, 2026 (IMT, August 2026). CB&C opened the law text, rules or program page for 15 of the 16 and lists all of them in the registry and in table t1; Newton's details come from IMT's matrix because the city site blocked automated access. The Midwest Energy Efficiency Alliance counted 16 policies, including four statewide, in 2025 (MEEA).

The four statewide standards are Washington (HB 1257, signed May 7, 2019), Colorado (HB21-1286, signed June 24, 2021), Maryland (Climate Solutions Now Act, enacted April 9, 2022) and Oregon (HB 3409, Oregon Laws 2023 Chapter 442).

The 12 local standards are New York City, Washington DC, St. Louis, Boston, Denver, Chula Vista, Montgomery County (MD), Cambridge, Seattle, Newton, Evanston and West Hollywood. West Hollywood adopted the most recent one on December 1, 2025 (City of West Hollywood).

Where building performance standards apply, by state

3 = statewide BPS plus a local BPS (WA, CO, MD); 2 = statewide BPS only (OR); 1 = local BPS only (NY, MA, DC, MO, CA, IL). Blank = none adopted.

Where building performance standards apply, by stateUS tile map: Washington, Colorado and Maryland have both a statewide and a local building performance standard; Oregon has a statewide standard only; New York, Massachusetts, DC, Missouri, California and Illinois have local standards only.AKMEVTNHWA: 3WA3IDMTNDMNIL: 1IL1WIMINY: 1NY1RIMA: 1MA1OR: 2OR2NVWYSDIAINOHPANJCTCA: 1CA1UTCO: 3CO3NEMO: 1MO1KYWVVAMD: 3MD3DEAZNMKSARTNNCSCDC: 1DC1OKLAMSALGAHITXFLPR1 to 11 to 11 to 11 to 22 to 33 to 3Status code (1 to 3)

Source: CB&C classification of 16 adopted policies from official sources, checked 2026-10-18

Building performance standards adopted in the US: coverage, metric, first compliance year and penalty (October 2026) Download CSV
JurisdictionLevelEnactedBuildings coveredMetricFirst compliance yearPenalty as written
New York City (Local Law 97)City2019-05-20more than 25,000 sq ft (or 2+ buildings on a lot above 50,000)GHG: Annual building emissions limit (tCO2e per sq ft by occupancy group)2024 (Calendar year 2024 limits; first reports due May 1, 2025)Up to $268 per metric ton CO2e above the limit; failure to file up to $0.50 per sq ft per month
St. Louis, MO (Ordinance 71132)City2020-06-0450,000 sq ft and aboveEnergy: Site energy use intensity (EUI) by building type2025 (First compliance deadline May 2025; standards reviewed every four years)$1 to $500 per day after 60 days without data or an alternative compliance plan (IMT summary)
Denver, CO (Energize Denver, Ordinance 21-1310)City2021-11-2225,000 sq ft and above for EUI targets (5,000 to 24,999 prescriptive)Energy: Weather-normalized site EUI targets2025 (Interim target years 2025 and 2027, final 2030; extension could move the first interim target to 2028)Up to $0.15, $0.23 or $0.35 per kBtu over target per target year; up to $5.00 per sq ft if not benchmarked in a target year
Boston, MA (BERDO 2.0)City2021-10-0520,000 sq ft and above non-residential; 15+ residential unitsGHG: Emissions standard (kgCO2e per sq ft per year) by building use2025 (2025 for 35,000 sq ft+ or 35+ units; 2030 (reported 2031) for smaller covered buildings)Fines of $1,000 per day (35,000 sq ft+) or $300 per day; Alternative Compliance Payment $234 per metric ton
District of Columbia (BEPS)District2019-03-2250,000 sq ft private (25,000 from 2028; 10,000 from 2034)Energy: ENERGY STAR score or equivalent EUI; 20% normalized site EUI cut on performance pathway2026 (Cycle 1 ends December 31, 2026; end-of-cycle reports due May 3, 2027)Alternative compliance payment up to $10 per sq ft, capped at $7,500,000
Washington State (Clean Buildings, HB 1257, WAC 194-50)State2019-05-07Tier 1 over 50,000 sq ft (Tier 2: 20,000 to 50,000, no targets yet)Energy: Weather-normalized EUI target or conditional compliance2026 (June 1, 2026 for over 220,000 sq ft; June 1, 2027 and June 1, 2028 for smaller Tier 1)Up to $5,000 plus $1 per sq ft per year in statute; Commerce assesses $5,000 plus $1.50 per sq ft
Cambridge, MA (BEUDO amendments)City2023-06-2625,000 sq ft and above non-residentialGHG: GHG emissions trajectory to net zero (2035 or 2050)2026 (2026 for 100,000 sq ft+; 2030 for 25,000 to 99,999 sq ft)Up to $300 per day per violation; Alternative Compliance Credit $234 per ton in the first period (IMT summary)
Newton, MA (BERDO)City202420,000 sq ft and above public and commercialGHG: CO2 emissions standard (kgCO2 per sq ft per year)2027 (2027 for the largest buildings)$1,000 per day (35,000 sq ft+) or $300 per day; Alternative Compliance Payment $234 per metric ton (IMT summary)
Montgomery County, MD (Bill 16-21)County2022-05-0225,000 gross sq ft and aboveEnergy: Normalized net site EUI2028 (Interim evaluation year 2028 for county-owned and non-residential 50,000 sq ft+; final 2033)Class A civil violation: $500 initial, $750 repeat
Chula Vista, CA (BESO)City202120,000 sq ft and aboveEnergy: ENERGY STAR score or weather-normalized site EUI reduction2028 (Targets or conservation actions due June 20, 2028; provisional targets 2032 and 2042)Up to $750, $1,500 or $2,250 per month by building size
Oregon (HB 3409, 2023)State2023 (Or. Laws ch. 442)Tier 1: 35,000 sq ft and above non-residential, hotel, motelEnergy: EUI target or conditional compliance2028 (June 1, 2028 for 200,000 sq ft+; 2029 and 2030 for smaller Tier 1)Up to $5,000 plus $1 per sq ft per year of continuing violation
West Hollywood, CA (EBPS)City2025-12-0120,000 sq ft and aboveEnergy and GHG: Site EUI and/or GHG intensity2028 (Performance targets begin 2028)Fines equal to the social cost of carbon per unachieved ton; worst case adds up to $10 per sq ft per year (IMT summary)
Colorado (HB21-1286, Regulation 28)State2021-06-2450,000 sq ft and aboveEnergy and GHG: Site EUI or GHG intensity pathway2030 (2030 standards enforced; 2026 targets not referred for enforcement if benchmarking is reported)Up to $2,300 per 30 days (first violation) and $5,800 per 30 days (subsequent), from January 1, 2031
Maryland (Climate Solutions Now Act, BEPS)State2022-04-0935,000 sq ft and above (Montgomery County exempt from Oct 2025)GHG: Net direct GHG emissions (site EUI standard planned)2030 (Annual standards from 2030; net zero direct emissions by 2040)Alternative compliance payment $230 per metric ton in 2030, rising $4 per year
Evanston, IL (Healthy Buildings Ordinance 1-O-25)City2025-03-10over 20,000 sq ftEnergy and GHG: Site EUI, direct GHG and renewable electricity2030 (First target year 2030, reported 2031; rules due 2027)Fine set by the City Manager from noncompliance size and assessed value (IMT summary)
Seattle, WA (BEPS, SMC 22.925)City2023-12-13larger than 20,000 sq ftGHG: GHG intensity target (kgCO2e per sq ft per year)2031 (2031 for over 220,001 sq ft (verification and GHG report from 2027); 2035 for 20,001 to 30,000 sq ft)$10.00 per sq ft non-residential, $7.50 multifamily, $2.50 low-income; ACP $190 per MTCO2e times 5 years

First compliance year is the first year whose performance is judged or the first enforceable deadline. Penalties are maximums as written. Not legal advice.

Source: [1][5][10][15][17][21][24][30][37][38][43][45][46][48] New York City Council / NYC Department of Buildings; City of Boston; Council of the District of Columbia; City and County of Denver, CASR; Washington State Legislature; Colorado Energy Office; Maryland Department of the Environment; Montgomery County (MD) Department of Environmental Protection; City of Chula Vista; Oregon Department of Energy; City of Seattle OSE; City of Evanston; City of West Hollywood; Institute for Market Transformation (IMT)

Interest is wider than adoption. The National BPS Coalition lists 49 member governments (7 states and 42 localities) that have committed to work toward BPS or related policies, and IMT estimates its members hold about 25% of the nation's commercial building stock (National BPS Coalition). Membership is a commitment, not a law, so members such as Ann Arbor, Columbus and Reno are not counted here.

Which buildings building performance standards cover

Every adopted standard targets large existing buildings. Ten of 16 reach buildings of 25,000 sq ft or smaller, and the 20,000 sq ft line is the most common threshold.

Six jurisdictions start at 20,000 sq ft (Boston, Newton, Chula Vista, West Hollywood, Evanston, Seattle). Four start at 25,000 sq ft (New York City, Denver, Cambridge, Montgomery County). Maryland and Oregon start at 35,000 sq ft. St. Louis, DC, Washington State and Colorado start at 50,000 sq ft.

Smallest building covered by each building performance standard

Minimum floor area subject to the performance requirement, square feet (current threshold)

Smallest building covered by each building performance standardHorizontal bar chart of thresholds: six jurisdictions start at 20,000 sq ft, four at 25,000, two at 35,000 and four at 50,000 (St. Louis, DC, Washington State and Colorado).Square feetBoston, MA20,000Chula Vista, CA20,000Evanston, IL20,000Newton, MA20,000Seattle, WA20,000West Hollywood, CA20,000Cambridge, MA25,000Denver, CO25,000Montgomery County, MD25,000New York City25,000Maryland35,000Oregon35,000Colorado50,000District of Columbia50,000St. Louis, MO50,000Washington State50,000

Source: official law texts and program pages for each jurisdiction, checked 2026-10-18

Threshold distribution: smallest building size covered by each performance requirement Download CSV
Smallest building covered by the performance requirement (sq ft)Jurisdictions (count)Jurisdictions
20,0006Boston, MA; Newton, MA; Chula Vista, CA; West Hollywood, CA; Evanston, IL; Seattle, WA
25,0004New York City; Denver, CO; Cambridge, MA; Montgomery County, MD
35,0002Oregon; Maryland
50,0004St. Louis, MO; District of Columbia; Washington State; Colorado

Current thresholds; DC lowers its private-building threshold to 25,000 sq ft in 2028 and 10,000 sq ft in 2034.

Source: [10][48] Council of the District of Columbia; Institute for Market Transformation (IMT)

Thresholds ratchet down in some places. DC covers private buildings of 50,000 sq ft in Cycle 1, 25,000 sq ft from January 1, 2028 and 10,000 sq ft from January 1, 2034 (D.C. Code 8-1772.21). Washington's Tier 2 (20,000 to 50,000 sq ft and multifamily over 20,000 sq ft) reports from July 1, 2027 but has no energy target yet (Washington Commerce).

Size thresholds capture most floor area with few buildings. In the 2018 national survey, commercial buildings larger than 25,000 sq ft were 12.6% of the 5,918 thousand commercial buildings but held 64.7% of the 96,423 million sq ft of commercial floorspace (EIA CBECS 2018). CBECS excludes multifamily housing, which most BPS also cover.

Most programs exempt or defer some uses. Common carve-outs in the opened texts include manufacturing and industrial buildings (Washington, Maryland, Seattle), federal buildings, and extended timelines for affordable housing (New York City, DC, Seattle). Maryland added a hospital exemption and dropped Montgomery County buildings from the state program on October 1, 2025 (MDE program overview).

Boiler room retrofit with new high-efficiency equipment next to an old boiler
Illustrative photograph. Generated image, not a specific project.

When building performance standards take effect: first compliance years

First compliance years run from 2024 (New York City) to 2031 (Seattle). Seven of 16 fall in 2026 or earlier, and four land in 2028.

Adopted building performance standards by first compliance year

Number of US jurisdictions whose first compliance year falls in each year (16 adopted policies)

Adopted building performance standards by first compliance yearBar chart of first compliance years: one jurisdiction in 2024 (New York City), three in 2025, three in 2026, one in 2027, four in 2028, none in 2029, three in 2030 and one in 2031 (Seattle).012345Jurisdictions1202432025320261202742028020293203012031

Source: CB&C reading of official law texts and program pages, checked 2026-10-18; adoption count per IMT (August 2026)

Count of adopted building performance standards by first compliance year Download CSV
First compliance yearJurisdictions (count)Jurisdictions
20241New York City
20253St. Louis, MO; Denver, CO; Boston, MA
20263District of Columbia; Washington State; Cambridge, MA
20271Newton, MA
20284Montgomery County, MD; Chula Vista, CA; Oregon; West Hollywood, CA
20290none
20303Colorado; Maryland; Evanston, IL
20311Seattle, WA

CB&C classification of 16 adopted policies (IMT count, August 2026).

Source: [49][48] Institute for Market Transformation (IMT); Institute for Market Transformation (IMT)

New York City was first: Local Law 97 emissions limits apply from calendar year 2024, with reports due May 1, 2025 (Local Law 97 text). St. Louis set its first compliance deadline for May 2025 (Ordinance 71132). Boston buildings of 35,000 sq ft or more must meet emissions standards from 2025, and smaller covered buildings from 2030 (BERDO ordinance).

Denver's rules, effective August 27, 2026, set target years of 2025, 2027 and 2030 for buildings of 25,000 sq ft and up (Energize Denver Rules). IMT reports that owners who benchmarked in the 2025 reporting year could shift the first interim target to 2028, and about 11% of buildings did not receive that extension (IMT, August 2026).

Washington's first Tier 1 deadline, for buildings over 220,000 sq ft, was June 1, 2026; buildings of 90,001 to 220,000 sq ft follow on June 1, 2027 and 50,001 to 90,000 sq ft on June 1, 2028 (RCW 19.27A.210). DC's Cycle 1 ends December 31, 2026, with end-of-cycle reports due May 3, 2027 (DOEE). Cambridge non-residential properties of 100,000 sq ft or more began reducing emissions in 2026 (City of Cambridge).

Colorado moved its first enforceable year back. Under HB25-1269, the Colorado Energy Office will not refer owners for missing 2026 targets if they report benchmarking data, and enforcement referrals for the 2030 standards begin in 2031 (Colorado Energy Office guide). Maryland's standards start in 2030 (MDE program overview), Evanston's first target year is 2030 (City of Evanston) and Seattle's first emissions targets apply from 2031 to 2035 (Seattle OSE).

What the fines are for building performance standards

Penalties come in four forms: dollars per excess ton of CO2e, dollars per square foot, daily fines and per-kBtu charges. Caps for a 100,000 sq ft building range from $500 per citation to $1,000,000 per cycle.

Ton-based charges: New York City sets a civil penalty of up to $268 per metric ton of CO2e above the limit (Local Law 97 text). Boston's Alternative Compliance Payment is $234 per metric ton (BERDO ordinance). Maryland's payment is $230 per metric ton in 2030, rising $4 per year (MDE program overview). Seattle's payment is $190 per MTCO2e multiplied by five years for the 2031 to 2035 interval (Seattle Director's Rule 2025-01).

Per-square-foot charges: DC's maximum alternative compliance payment is $10 per sq ft, capped at $7,500,000 per building (DOEE BEPS Guidebook). Seattle's penalty for missing a target is $10.00 per sq ft for non-residential buildings, $7.50 for multifamily and $2.50 for low-income housing (Seattle Director's Rule 2025-01). Washington Commerce assesses up to $5,000 plus $1.50 per sq ft (Washington Commerce), and Oregon caps penalties at $5,000 plus $1 per sq ft per year (ODOE penalty guidance).

Daily and periodic fines: Boston fines buildings of 35,000 sq ft or more up to $1,000 per day for missing the emissions standard (BERDO ordinance). Colorado's penalty from January 1, 2031 is up to $2,300 per 30 days for a first violation and $5,800 per 30 days after that (Colorado Energy Office guide). Montgomery County treats a violation as a Class A civil violation: $500 initially and $750 for a repeat (Montgomery County DEP).

Per-kBtu charges: Denver's rules allow up to $0.15, $0.23 or $0.35 per kBtu of required reduction not achieved, depending on how many target years a building has, plus up to $5.00 per sq ft when no benchmarking report is filed in a target year (Energize Denver Rules).

Maximum penalty exposure for a 100,000 sq ft building, by jurisdiction

Dollars, applying each per-area or per-day cap as written (DC and Seattle are per compliance cycle)

Maximum penalty exposure for a 100,000 sq ft building, by jurisdictionHorizontal bar chart of illustrative maximum exposure for a 100,000 sq ft building: DC and Seattle $1,000,000 per cycle, Boston and Newton $365,000 per year, Washington State $155,000, St. Louis $152,500, Cambridge $109,500, Oregon $105,000, Colorado $27,600, Chula Vista $27,000 and Montgomery County $500 per citation.US dollarsDistrict of Columbia1,000,000Seattle1,000,000Boston365,000Newton365,000Washington State155,000St. Louis152,500Cambridge109,500Oregon105,000Colorado27,600Chula Vista27,000Montgomery County500

Source: CB&C calculation from law texts, rules and agency guidance (see table t5); ton-based penalties excluded

Penalty comparison: illustrative maximum exposure for a 100,000 sq ft non-residential building Download CSV
JurisdictionFormulaIllustrative maximum, 100,000 sq ft building ($)Basis
District of Columbia$10 x 100,000 sq ft1,000,000One-time ACP at end of cycle (cap $7,500,000)
Seattle$10.00 x 100,000 sq ft1,000,000Per five-year compliance interval
Boston$1,000 x 365 days365,000Daily fine, 35,000 sq ft+
Newton$1,000 x 365 days365,000Daily fine, 35,000 sq ft+ (IMT summary)
Washington State$5,000 + $1.50 x 100,000 sq ft155,000Commerce maximum
St. Louis$500 x 305 days (days 61 to 365)152,500Daily fine after 60 days (IMT summary)
Cambridge$300 x 365 days109,500Daily fine (IMT summary)
Oregon$5,000 + $1 x 100,000 sq ft105,000Per year of continuing violation
Colorado$2,300 x 12 thirty-day periods27,600First violation, from 2031
Chula Vista$2,250 x 12 months27,000100,000 sq ft+ size band
Montgomery County$500 x 1 citation500Initial Class A citation
New York City$268 x excess tonsdepends on tons over limit100 excess tons: $26,800
Maryland$230 x excess tons (2030)depends on tons over limit100 excess tons: $23,000
Denver$0.15 to $0.35 x kBtu over targetdepends on energy over target$5.00 per sq ft if not benchmarked in a target year

CB&C applies each per-area or per-day cap to a 100,000 sq ft building. Actual penalties are often lower after mitigation, notices and cure periods.

Source: [1][5][12][17][18][21][24][31][37][39][43][48] New York City Council / NYC Department of Buildings; City of Boston; DC Department of Energy and Environment; Washington State Legislature; Washington State Department of Commerce; Colorado Energy Office; Maryland Department of the Environment; Montgomery County (MD) Department of Environmental Protection; City of Chula Vista; Oregon Department of Energy; City of Seattle OSE; Institute for Market Transformation (IMT)

These are ceilings, not typical bills. Most laws require notices and cure periods first: Boston assesses no penalty until 30 days after a notice of violation, Denver opens a 90-day cure period, and New York City weighs good-faith efforts when setting a penalty.

Scaffolding on a commercial building facade during recladding with new insulated panels
Illustrative photograph. Generated image, not a specific project.

How much floor area building performance standards cover

Only three programs publish building-level floor area. Together they cover about 4.33 billion sq ft, and New York City alone accounts for 3.53 billion sq ft.

The NYC Covered Buildings List published in March 2026 marks 28,501 tax lots and 59,428 buildings as covered by Local Law 97. Summing Department of Finance lot floor area for those lots gives 3,532,491,540 sq ft (DOB Covered Buildings List).

Boston's 2025 BERDO disclosure lists 5,579 building rows and 91 campuses with 416,009,702 sq ft of owner-reported floor area (Analyze Boston). DC's BEPS Period 1 disclosure lists 1,957 covered buildings with 376,914,681 sq ft of reported floor area (DOEE BEPS disclosure).

Floor area covered where programs publish building-level data

Million square feet; New York City from the DOB Covered Buildings List, Boston and DC from owner-reported disclosure data

Floor area covered where programs publish building-level dataHorizontal bar chart: New York City Local Law 97 covers about 3,532.5 million sq ft, Boston reported 416.0 million sq ft and DC Cycle 1 buildings report 376.9 million sq ft.Million square feetNew York City (LL97)3,532Boston (BERDO)416District of Columbia (BEPS Cycle 1)377

Source: NYC DOB CBL 2026; City of Boston BERDO 2025 disclosure; DC DOEE BEPS Period 1 disclosure; CB&C sums

Covered buildings and floor area where programs publish building-level data Download CSV
JurisdictionCovered buildings or propertiesFloor area (sq ft)MeasureSource
New York City28,501 properties; 59,428 buildings3,532,491,540DOF lot gross square footage, LL97 Covered Buildings List, March 2026NYC DOB (CB&C sum)
Boston5,579 building rows and 91 campuses in the 2025 disclosure416,009,702Owner-reported gross floor area, 2025 disclosure (2024 data)City of Boston (CB&C sum)
District of Columbia1,957 buildings (Cycle 1)376,914,681Owner-reported gross floor area, BEPS Period 1 disclosureDC DOEE (CB&C sum)
Total, three datasetsnot additive4,325,415,923Sum of three different measuresCB&C derived (d9)
Marylandabout 9,000 buildings (2023 estimate)not publishedMDE regulatory noticeMDE
West Hollywoodabout 314 buildingsnot publishedCity program pageCity of West Hollywood

Floor area totals mix three measures and are not additive across all 16 jurisdictions. Only published figures are summed.

Source: [4][8][13][27][46] NYC Department of Buildings; City of Boston (Analyze Boston); DC Department of Energy and Environment / DC GIS; Maryland Department of the Environment; City of West Hollywood

Other programs publish counts but not floor area. MDE estimated about 9,000 covered buildings in Maryland in 2023, before the 2025 exemptions (MDE). West Hollywood covers about 314 buildings (City of West Hollywood). Oregon mailed more than 30,000 notices to buildings and owners that may be subject to its standard, which is a notification count, not a covered count (ODOE).

What Local Law 97 requires and what year one showed

Local Law 97 is the largest BPS by floor area. In its first compliance year, 95% of required properties filed and 95% of Article 320 filers met their limits.

Local Law 97 of 2019 covers a building that exceeds 25,000 gross sq ft, or two or more buildings on one tax lot that together exceed 50,000 sq ft (Local Law 97 text). It passed the Council on April 18, 2019 and was returned unsigned by the Mayor on May 20, 2019. The goal is a 40% cut in emissions from the largest buildings by 2030 and net zero by 2050 (NYC DOB).

For calendar year 2024, 19,963 properties (29,031 buildings) had to report. 18,938 properties filed, a 95% rate. Of Article 320 filers, 9,951 met their limit and 470 were above it (NYC DOB year-one report). DOB had projected at enactment that about 80% of covered properties were already below the first-period limits.

First results: NYC Local Law 97 year one (2024) and DC BEPS Period 1 status Download CSV
MeasureValueGeography and periodSource
Properties required to report19,963New York City, calendar year 2024NYC DOB
Buildings required to report29,031New York City, calendar year 2024NYC DOB
Properties that filed18,938 (95%)New York City, calendar year 2024NYC DOB
Article 320 filers meeting the 2024 limit9,951 (95% of filings)New York City, calendar year 2024NYC DOB
Article 320 filers above the limit470New York City, calendar year 2024NYC DOB
Buildings meeting BEPS at Period 1 evaluation1,038District of Columbia, Period 1DC DOEE
Buildings not meeting BEPS (incl. missing reports)919District of Columbia, Period 1DC DOEE (CB&C sum)
Share not meeting BEPS47.0%District of Columbia, Period 1CB&C derived (d7)

DC status reflects the 2019-data evaluation at the start of Cycle 1, not end-of-cycle compliance.

Source: [3][13] NYC Department of Buildings; DC Department of Energy and Environment / DC GIS

DC's early data point the same way. At the start of Cycle 1, 919 of 1,957 covered buildings (47.0%) did not meet the standard and were placed on a compliance pathway (DOEE BEPS disclosure). IMT reports a DOEE preliminary estimate that 71% of multifamily, office and hotel buildings were on track based on 2024 data, and that buildings below target cut energy use 13% on average from 2019 to 2024 (IMT, August 2026).

Policies often confused with building performance standards

Benchmarking laws, audit and tune-up laws and coalition pledges are not BPS. Reno, Ann Arbor and Columbus are listed in the registry with that status.

Ann Arbor's 2021 ordinance ORD-21-30 adds Chapter 104 (Energy and Water Benchmarking) and requires reporting only (City of Ann Arbor). Reno's 2019 Energy and Water Efficiency Program is a benchmarking ordinance with performance reporting requirements beginning April 2026; IMT does not count it as a BPS (City of Reno). Columbus is still developing a BPS on top of its 2020 benchmarking ordinance for buildings of 50,000 sq ft and above (City of Columbus).

Energy codes are a separate tool: they apply when a building is built or renovated, while a BPS applies to the building as it operates. CB&C tracks code editions in its commercial energy code by state report and embodied-carbon purchasing rules in Buy Clean laws by state.

What building performance standards mean for retrofit work

BPS move retrofit timing from equipment failure to legal deadlines. The penalty structures reward electrification, envelope work and controls upgrades before each target year.

Ton-based standards (New York City, Boston, Cambridge, Newton, Maryland, Seattle) reward replacing fossil-fuel heating, because combustion emissions count directly against the limit. Energy-use standards (DC, Denver, Washington, Oregon, St. Louis, Montgomery County, Chula Vista) reward any measure that cuts site energy, including envelope, lighting and controls work.

The age of the stock matters for how much work BPS trigger. CB&C's commercial building stock age report covers how old US commercial buildings are, and the commercial renovation contractors directory lists firms that do retrofit work. This report does not estimate retrofit spending, because no opened official source publishes a comparable figure across jurisdictions.

Counts and distributions

Count by first compliance year

FormulaCount of adopted jurisdictions by first compliance year (table t1)

Inputs: Registry entries for 16 jurisdictions; derived d10, d11, d12 (fact sheet rows)

Result: 2024: 1; 2025: 3; 2026: 3; 2027: 1; 2028: 4; 2029: 0; 2030: 3; 2031: 1. Seven of 16 (43.8%) fall in 2026 or earlier.

The first wave (New York City, St. Louis, Denver, Boston, DC, Washington State, Cambridge) is already in compliance years; a second wave clusters in 2028 and 2030.

Limitations: First compliance year is defined per jurisdiction (first judged year or first enforceable deadline); extensions such as Denver's 2028 option are not reflected.

Threshold distribution

FormulaCount of jurisdictions by smallest building size subject to the performance requirement

Inputs: Registry entries; derived d13, d14 (fact sheet rows)

Result: 20,000 sq ft: 6; 25,000 sq ft: 4; 35,000 sq ft: 2; 50,000 sq ft: 4. Ten of 16 (62.5%) reach 25,000 sq ft or smaller.

Newer local laws tend to start at 20,000 sq ft, while the statewide laws in Washington and Colorado start at 50,000 sq ft.

Limitations: Uses current thresholds; DC moves to 25,000 sq ft in 2028; residential unit thresholds (Boston) are not shown.

Covered floor area total (published figures only)

FormulaNYC lot GSF (d3) + Boston reported GFA (d4) + DC reported GFA (d8)

Inputs: Fact rows 27 and 36; derived d3, d4, d8 (fact sheet rows)

Result: 3,532,491,540 + 416,009,702 + 376,914,681 = 4,325,415,923 sq ft (about 4.33 billion sq ft).

Three city programs alone cover floor area equal to about 6.9% of the 62,355 million sq ft of US commercial space in buildings over 25,000 sq ft, although the measures are not directly comparable.

Limitations: Mixes lot-level GSF with owner-reported GFA; includes multifamily, which CBECS excludes; 13 jurisdictions publish no comparable figure.

Penalty comparison for a 100,000 sq ft building

FormulaPer-area cap x 100,000 sq ft, or daily cap x days in one year, or periodic cap x periods

Inputs: Penalty fact rows for each jurisdiction; tables/t5.csv (fact sheet rows)

Result: DC $1,000,000 and Seattle $1,000,000 per cycle; Boston and Newton $365,000; Washington $155,000; St. Louis $152,500; Cambridge $109,500; Oregon $105,000; Colorado $27,600; Chula Vista $27,000; Montgomery County $500 per citation.

Area-based payments scale with building size and dominate for large buildings; daily fines create a high ceiling but depend on notice and cure periods.

Limitations: Maximums as written; actual assessments may be reduced; ton-based (NYC, Maryland) and per-kBtu (Denver) penalties need building emissions or energy data and are shown per 100 excess tons instead.

Cost of 100 excess tons of CO2e

Formula100 x per-ton rate; Seattle 100 x 5 x $190

Inputs: Fact rows 3, 20, 63, 95 (fact sheet rows)

Result: NYC $26,800; Boston $23,400; Maryland $23,000; Seattle $95,000 per five-year interval.

Per-ton prices cluster between $190 and $268, close to federal social-cost-of-carbon values that Maryland and Seattle cite.

Limitations: Seattle's figure covers five years; Boston's $234 is a payment option, while NYC's $268 is a civil penalty.

Share of US floorspace above a 25,000 sq ft threshold

FormulaSum of CBECS floorspace in bands above 25,000 sq ft / 96,423 million sq ft

Inputs: Fact rows 112 to 118; derived d17 to d20 (fact sheet rows)

Result: 746 thousand buildings (12.6%) hold 62,355 million sq ft (64.7%).

A 25,000 sq ft threshold reaches about two thirds of commercial floor area while touching about one building in eight.

Limitations: CBECS 2018 is the latest national release; excludes multifamily; national, not per jurisdiction.

Download the calculations (CSV)

Key findings

  1. Sixteen US jurisdictions had an adopted building performance standard as of August 7, 2026.[49]
  2. Four of the 16 are statewide: Washington (2019), Colorado (2021), Maryland (2022) and Oregon (2023).[19][23][25][40]
  3. New York City's Local Law 97 covers 28,501 tax lots and 59,428 buildings on the March 2026 Covered Buildings List, with 3,532,491,540 sq ft of lot floor area (CB&C sum).[4]
  4. New York City's penalty is up to $268 per metric ton of CO2e above a building's annual limit, under Local Law 97 of 2019.[1]
  5. For calendar year 2024, 95% of the 19,963 New York City properties required to report filed, and 9,951 Article 320 filers met their limits while 470 were above them.[3]
  6. Boston's BERDO fines buildings of 35,000 sq ft or more up to $1,000 per day for missing the emissions standard and sets an Alternative Compliance Payment of $234 per metric ton.[5]
  7. DC's maximum alternative compliance payment is $10 per sq ft, capped at $7,500,000, and Cycle 1 ends December 31, 2026.[12][11]
  8. At the start of DC's Cycle 1, 919 of 1,957 covered buildings (47.0%) did not meet the standard.[13]
  9. Washington's first Tier 1 deadline passed on June 1, 2026 for buildings over 220,000 sq ft; Commerce assesses up to $5,000 plus $1.50 per sq ft.[17][18]
  10. Colorado will not refer owners for missing 2026 targets if they report benchmarking; enforcement for the 2030 standards begins in 2031 at up to $2,300 per 30 days.[21]
  11. Maryland's standards apply from 2030, with an alternative compliance payment of $230 per metric ton that rises $4 per year.[24]
  12. Seattle's first emissions targets apply from 2031, with a $10.00 per sq ft penalty for non-residential buildings that miss them.[42][43]
  13. Ten of 16 adopted standards reach buildings of 25,000 sq ft or smaller (62.5%).[48]
  14. US commercial buildings larger than 25,000 sq ft were 12.6% of buildings but 64.7% of commercial floorspace in 2018.[54]

Executive summary

  • Sixteen US jurisdictions have adopted building performance standards as of August 2026: four states (Washington, Colorado, Maryland, Oregon) and 12 cities or counties (IMT; MEEA).
  • Ten of the 16 cover buildings of 25,000 sq ft or smaller; 20,000 sq ft is the most common threshold, used by six jurisdictions.
  • First compliance years span 2024 (New York City) to 2031 (Seattle); seven of 16 fall in 2026 or earlier and four land in 2028.
  • Six standards measure greenhouse gas emissions, seven measure energy use, and three use both or let owners choose.
  • Maximum penalties differ by orders of magnitude: a 100,000 sq ft building faces up to $1,000,000 per cycle in DC or Seattle, $365,000 per year in Boston and $500 per citation in Montgomery County.
  • New York City, Boston and DC publish building-level data covering about 4.33 billion sq ft combined; New York City accounts for 3.53 billion sq ft.
  • In Local Law 97's first year (2024), 95% of required properties filed and 95% of Article 320 filers met their limits (NYC DOB).

Questions people ask

What is Local Law 97?

Local Law 97 of 2019 is New York City's building performance standard. It sets annual greenhouse gas emissions limits for buildings over 25,000 gross sq ft (or 2+ buildings on a lot above 50,000 sq ft), starting with calendar year 2024. Owners above the limit face a civil penalty of up to $268 per metric ton of CO2e (Local Law 97 text). In year one, 95% of required properties filed (NYC DOB year-one report).

Which cities have building performance standards?

As of October 2026, the cities and counties with adopted standards are New York City, Washington DC, St. Louis, Boston, Denver, Chula Vista, Montgomery County (MD), Cambridge, Seattle, Newton, Evanston and West Hollywood. Four states, Washington, Colorado, Maryland and Oregon, also have statewide standards (IMT count of 16).

What buildings are covered by BPS?

Large existing commercial and, in most places, multifamily buildings above a size threshold: 20,000 sq ft in six jurisdictions, 25,000 sq ft in four, 35,000 sq ft in two and 50,000 sq ft in four. Industrial, manufacturing and federal buildings are often exempt, and several laws give affordable housing more time.

What are the fines for building performance standards?

They vary by law. New York City charges up to $268 per excess ton of CO2e, Boston up to $1,000 per day for large buildings, DC up to $10 per sq ft (capped at $7,500,000), Seattle $10.00 per sq ft for non-residential buildings, and Washington up to $5,000 plus $1.50 per sq ft (IMT comparison matrix; official texts in table t5).

When do building performance standards take effect?

First compliance years range from 2024 in New York City to 2031 in Seattle. St. Louis, Denver and Boston started in 2025; DC, Washington State and Cambridge in 2026; Newton in 2027; Montgomery County, Chula Vista, Oregon and West Hollywood in 2028; Colorado, Maryland and Evanston in 2030.

Frequently asked questions

How many US jurisdictions have building performance standards?

Sixteen as of August 7, 2026, according to the Institute for Market Transformation: four states and 12 cities or counties.

Which states have a statewide building performance standard?

Washington (2019), Colorado (2021), Maryland (2022) and Oregon (2023).

Is a benchmarking law the same as a BPS?

No. Benchmarking requires owners to report energy use; a BPS requires buildings to meet a performance limit. Ann Arbor's 2021 ordinance, for example, is benchmarking only.

What is the most common size threshold?

20,000 sq ft, used by six of the 16 adopted standards. Ten of 16 reach buildings of 25,000 sq ft or smaller.

Which BPS has the earliest deadline?

New York City's Local Law 97, with emissions limits applying from calendar year 2024 and first reports due May 1, 2025.

How much does Boston charge under BERDO?

Fines of up to $1,000 per day for buildings of 35,000 sq ft or more that miss the emissions standard, or an Alternative Compliance Payment of $234 per metric ton of CO2e.

What is DC's maximum BEPS payment?

$10 per sq ft of gross floor area, capped at $7,500,000 per building, assessed after Cycle 1 ends on December 31, 2026.

Did Colorado delay its building performance standard?

In effect, yes for 2026: after HB25-1269, owners who report benchmarking are not referred for missing 2026 targets, and enforcement for the 2030 standards begins in 2031.

How much floor area do BPS cover?

No national total is published. New York City, Boston and DC data together cover about 4.33 billion sq ft, with New York City at 3.53 billion sq ft.

Are most NYC buildings meeting Local Law 97?

In 2024, 95% of Article 320 properties that filed met their limit: 9,951 met it and 470 were above it, according to NYC DOB.

Download the data

Every table in this report is available as a CSV under CC BY 4.0. The fact sheet lists each value with its source URL and access date.

For journalists and researchers

If you cite only a few, cite these

  1. 16 US jurisdictions have adopted building performance standards (August 2026).[49]
  2. NYC, Boston and DC building-level data cover about 4.33 billion sq ft (CB&C sum, October 2026).[4][8][13]
  3. First compliance years run from 2024 (New York City) to 2031 (Seattle).[1][42]

Most quotable statistics

  • Sixteen US jurisdictions, four states and 12 cities or counties, have adopted building performance standards as of August 2026.[49]
  • New York City's Local Law 97 covers 59,428 buildings on 28,501 tax lots with about 3.53 billion sq ft of floor area (CB&C sum of the March 2026 Covered Buildings List).[4]
  • In Local Law 97's first compliance year (2024), 95% of required properties filed and 95% of Article 320 filers met their emissions limits.[3]
  • Ten of the 16 US building performance standards reach buildings of 25,000 sq ft or smaller.[48]
  • A 100,000 sq ft building that misses its target could owe up to $1,000,000 per cycle in DC or Seattle but $500 per citation in Montgomery County (CB&C calculation).[12][43][31]
  • Per-ton BPS prices cluster between $190 (Seattle) and $268 (New York City) per metric ton of CO2e.[1][43]

Press summary

Sixteen US jurisdictions now require existing buildings to meet energy or emissions limits, according to a registry published by Commercial Builders & Contractors from official law texts checked on 2026-10-18. Four are states (Washington, Colorado, Maryland, Oregon) and 12 are cities or counties, from New York City to West Hollywood, which adopted its standard on December 1, 2025. Ten of the 16 reach buildings of 25,000 sq ft or smaller. First compliance years run from 2024 in New York City to 2031 in Seattle, and seven fall in 2026 or earlier. Penalties range from $268 per excess ton of CO2e in New York City to $10 per sq ft in DC and Seattle; for a 100,000 sq ft building the ceilings range from $500 per citation to $1,000,000 per cycle. Published data from New York City, Boston and DC alone cover about 4.33 billion sq ft. In Local Law 97's first year, 95% of required properties filed reports.

Suggested headlines

  • 16 US jurisdictions now have building performance standards; seven hit their first compliance year by 2026
  • Local Law 97 covers 3.53 billion sq ft as New York City posts 95% filing rate in year one
  • Building performance standards: 20,000 sq ft is now the most common threshold
  • From $500 to $1,000,000: what missing a building performance standard can cost a 100,000 sq ft building
  • Colorado pushes building performance enforcement to 2031 as 2028 becomes the busiest deadline year

How to cite this report

Commercial Builders & Contractors. (2026). Building performance standards in the US: a registry of the 16 adopted laws, deadlines and penalties. Retrieved from https://commercialbuildersandcontractors.com/building-performance-standards/

Reuse license

Data and tables are licensed CC BY 4.0. Attribution: “Source: Commercial Builders & Contractors, Building performance standards in the US: a registry of the 16 adopted laws, deadlines and penalties” with a link to this page.

Methodology

Selection: a jurisdiction is counted when it has adopted a law or regulation that requires existing buildings above a size threshold to meet a measured energy or greenhouse gas performance level by a deadline, with penalties or alternative payments. Discovery used the IMT comparison matrix (January 2026), the IMT August 2026 status update, the National BPS Coalition member list and the MEEA 2025 fact sheet; each jurisdiction was then checked against its own law text, rules or program page. Benchmarking-only, audit and tune-up laws and coalition pledges are excluded and listed as watch-list entries (Reno, Ann Arbor, Columbus).

Evidence levels: 'law text' means the statute, ordinance or rule text was opened; 'program page' means the administering agency's page; 'IMT summary' marks the few items (Newton, St. Louis penalty, Cambridge and Evanston penalties, West Hollywood penalties) taken from IMT's matrix or blog because the official text could not be opened. A US DOE list could not be used because the DOE page returned an error.

Fields: threshold is the smallest building subject to the performance requirement today; first compliance year is the first calendar year whose performance is judged or the first enforceable deadline; penalties are reproduced as maximums written in law or agency guidance. Where sources conflict (Colorado's TRG dates performance penalties from January 1, 2031, while the HB25-1269 summary says January 1, 2030), the agency guide is used and the conflict is noted.

Floor area: only building-level datasets published by programs were summed. New York City floor area is the Department of Finance lot gross square footage for each unique LL97 tax lot on the March 2026 Covered Buildings List; Boston is owner-reported floor area in the 2025 disclosure (individual and campus rows); DC is owner-reported floor area for BEPS Period 1 buildings, excluding 10 records marked not subject. Scripts in scripts/ recompute every figure from the raw files in raw/data/.

Penalty comparison: CB&C applied each per-area, per-day or per-period cap to a hypothetical 100,000 sq ft non-residential building for one year (or one cycle where the payment is per cycle). This is an illustration of ceilings, not an estimate of what any owner will pay.

Limitations: Maryland's covered count (about 9,000) is a 2023 estimate; Oregon's signing date could not be confirmed because the legislature's site was unreachable; CBECS 2018 is the latest national survey and excludes multifamily housing. Registry last checked 2026-10-18; CB&C plans to recheck quarterly.

This report presents published data with its limitations. It is not legal, financial or investment advice.

Sources, ranked by quality

Tier 1: primary and official sources (51)

Tier 2: trade bodies, market research, company data (5)

Tier 3: journalism and expert commentary (1)