This is the fourth and final article in our series covering the continuously developing and expanding Building Performance Standard compliance environment. We will be looking at the center of the United States including jurisdictions within Florida, Georgia, New York, Pennsylvania, Maryland, Massachusetts and Washington D.C.
All jurisdictions require energy and often water benchmarking. In addition to benchmarking, there are up to 10 different compliance mechanisms that jurisdictions have chosen to require. While some are similar, no two jurisdictions are identical we’ll be exploring each below.
Orlando, FL – Building Energy & Water Efficiency Strategy (BEWES)
May 1st 2026 marked the benchmarking compliance data for buildings over 50,000 square feet. Additionally, buildings that fall under the national average of an Energy Star Score of 50 needed to complete an energy audit or retrocommissioning. While the compliance date has passed, it is important to comply as quickly as possible and file for an extension or exemption. Not only will this help potentially alleviate penalties, utility benchmarking, energy audits, and retrocommissioning are the most cost effective ways to decrease energy consumption and increase building value.
Atlanta, GA – Commercial Building Energy Efficiency Ordinance (CBEEO)
Atlanta utilizes a building ID system the last number of your building ID indicates your compliance data. For example, those ending in a 6 must have an ASHRAE level II Energy Audit completed by December 31st 2026 and every 10 years after. CBEEO covers commercial and multifamily buildings over 25,000 square feet.
New York City, NY – Local Law 87 and Local Law 97
For all non-industrial buildings larger than 50,000 square feet Local Law 87 requires an energy audit and retrocommissioning every 10 years. Local Law 97 requires buildings larger than 25,000 square feet to reduce carbon emissions reduction with the final goal being net-zero emissions. Buildings that are not able to meet the reductions face fines of $268 per ton of CO2 equivalent over their capped amount. Buildings have to reduce emissions 40% by 2030 and be net-zero by 2050.
Philadelphia, PA – Building Energy Performance Policy (BEPP)
Philadelphia has a retuning requirement, it is similar to some of the retrocommissioning requirements. To comply, a professional engineer (PE) or a certified energy manager (CEM) must make adjustments to building systems to ensure that the building is operating how it was designed to. Each year on September 30th, a new cohort of buildings must supply their compliance reports. Buildings over 200,000 square feet must comply by 2026, between 100,000-200,000 square feet in 2027, between 70,000-100,000 square feet in 2028, and between 50,000-70,000 square feet in 2029. Failure to comply results in a $2,000 fine plus $500 per day until the report has been submitted.
Maryland Statewide – Building Energy Performance Standard (BEPS)
Every building over 35,000 square feet in the state of Maryland must achieve net zero emissions by 2040. There are additional interim goals in 2030 and 2035 that must also be met. Each building type has a different kilogra,s of CO2e per square foot goal that it will need to meet annually. If the emissions are over your allotment, your building faces a fine of $230 + $4 each year adjusted for inflation for every ton of CO2e over your building’s cap. An energy audit and compliance road map is crucial to being able to implement a multiyear full building decarbonization plan.
Montgomery County, MD – Building Energy Performance Standard (BEPS)
While within the state of Maryland, Montgomery County has a separate building performance standard. A recently passed Maryland law, these buildings no longer must comply with the Maryland Statewide program as long as they comply with the county provisions. Compliance with the statewide law is not a problem, however, as the county standard is more aggressive in all aspects. It has a threshold of buildings 25,000 square feet or larger, only one interim goal, and requires net zero by as early as 2033, 7 years earlier than the statewide standard.
Massachussetts
Boston, MA – Building Emissions Reduction and Disclosure Ordinance (BERDO 2.0)
Luckily for building owners, BERDO reporting has been extended from May 15th 2026 to August 15th 2026. That means, multifamily buildings with more than 15 units, or commercial buildings larger than 20,000 square feet have a few more months to have their energy star portfolio data third party verified. This data is used to establish your emissions and if there is an overage and fine. BERDO 2.0 offers more options than any other BPS on how to comply. Direct reductions, RECs, carbon credits, and Payments to the nonprofit fund, just to name a few. While so many options provides flexibility it also creates complexity when designing a plan on how to most cost effectively comply. A trusted partner is vital to help build and implement this plan.
Newton, MA – Building Emissions Reduction and Disclosure Ordinance (BERDO)
Newton MA’s BERDO 1.0 and 2.0 are a copy is a carbon copy of Boston’s BERDO 1.0 and 2.0. Large buildings face the same requirements, beginning in 2026, with five interim goals until 2050 where they must be net zero CO2e emissions.
Cambridge, MA – Building Energy Use Disclosure Ordinance (BEUDO)
Cambridge rounds out the Boston metropolitan cities with nearly identical building performance standards. There is one major difference multifamily buildings are only required to report their utility data, and currently are not required to reduce their emissions.
Washington D.C. – Building Energy Performance Standards (BEPS)
The first 6 year compliance cycle for Washington D.C.’s BEPS program ends December 31st 2026. With reporting on results due by May 1st 2027. There is still a short window to begin to comply by achieving an energy star score or source energy use intensity (kbtu/square foot) based on your building type. With the highest penalty of all BPS programs at $10/square foot up to $7,500,000, building owners need to take advantage of any time they have to comply. Additionally, fines apply for each document, report, pathway selection, and more not performed or submitted to the district.
Meet Building Performance Standards Easily With Firefly Building Performance
Building Performance Standards are complex, continuously expanding and evolving. If you are a building owner or property manager needing to comply with one or more of these standards reach out for a complementary risk assessment. At Firefly Building Performance, we understand that each building and jurisdiction requirement is unique. Each will require a customized approach to achieve compliance and we stand ready to assist throughout the process from data collection to project finance and implementation.
