Benchmarking Compliance

Many cities, states, and municipal governments across North America have passed utility benchmarking ordinances, requiring buildings to track and report their annual energy and water consumption. In order to mitigate your risk of being penalized for failing to comply or missing a deadline, make sure you study the information below* to gain an understanding of the requirements and deadlines. Also, don't forget to check out our downloadable overview of local benchmarking ordinances in North America: Access overview

Identify your property by location, type, and square footage to find when your data is due. **

Atlanta, GA

energy
water

Due date:

06/01/2019

Property types required:

  • Commercial properties: 25,000+ sqft.
  • Multi-Family properties: 25,000+ sqft.

Penalties for non-compliance:

Written notice of first violation; Fine of $1,000 if 30 days late, an additional $1,000 every year thereafter

Austin, TX

energy
water

Due date:

06/01/2019

Property types required:

  • Commercial properties: 10,000+ sqft.

Penalties for non-compliance:

Proof of culpable mental state is not required for a fine of up to $500. If a person acts with criminal negligence, a fine of up to $2,000 may be assessed.

Boston, MA

energy
water

Due date:

05/15/2019

Property types required:

  • Commercial properties: 35,000+ sqft.
  • Multi-Family properties: 35,000+ sqft. OR 35+ dwellings

Penalties for non-compliance:

$75 to $200 per day for owners. Maximum annual fine is $3,000. Non-residential tenants may be fined up to $35 at a time for failing to supply building owners with their energy data. Residential tenants will not be fined.

Boulder, CO

energy

Due date:

06/01/2019

Property types required:

  • Commercial properties: 30,000+ sqft.

Penalties for non-compliance:

Failure to comply with the ordinance can result in fines of $0.0025 per square foot up to $1,000 per day of non-compliance.

Additional notes:

Large industrial campuses have their own custom requirements.

California, Statewide

energy

Due date:

06/01/2019

Property types required:

  • Commercial properties: 50,000+ sqft.

Penalties for non-compliance:

The California Energy Commission is authorized to impose a civil fine, as provided, for a violation of data submission requirements.

Cambridge, MA

energy
water

Due date:

05/01/2019

Property types required:

  • Commercial properties: 25,000+ sqft.
  • Multi-Family properties: 50+ dwellings

Penalties for non-compliance:

First violation results in a warning. Subsequent violations result in a fine of $300 per day.

Chicago, IL

energy

Due date:

06/01/2019

Property types required:

  • Commercial properties: 50,000+ sqft.
  • Multi-Family properties: 50,000+ sqft.

Penalties for non-compliance:

Owner subject up to $100 fine for 1st violation and additional fines up to $25/day

Denver, CO

energy

Due date:

06/01/2019

Property types required:

  • Commercial properties: 25,000+ sqft.
  • Multi-Family properties: 25,000+ sqft.

Penalties for non-compliance:

DDPHE will offer in-person trainings on how to benchmark as well as help center support to provide one-on-one responses to questions and follow-up with any owners who have not complied on-time or who had obvious data errors. Any buildings in non-compliance after the June 1 deadline will be notified about a 90-day grace period and assistance in complying will be offered. Buildings still in non-compliance at the end of the 90-day grace period will be assessed a penalty of $2,000.

Evanston, IL

energy
water

Due date:

06/30/2019

Property types required:

  • Commercial properties: 50,000+ sqft.
  • Multi-Family properties: 50,000+ sqft.

Penalties for non-compliance:

Any person who violates any provision of this Chapter will be fined one hundred dollars ($100) for each such offense. Every month a violation continues will be deemed a separate offense.

Kansas City, MO

energy
water

Due date:

05/01/2019

Property types required:

  • Commercial properties: 50,000+ sqft.
  • Multi-Family properties: 50,000+ sqft.

Penalties for non-compliance:

Written warning for first failure to comply; fine of up to $500 if compliance not met within 60 days of warning; additional to other remedies, city may file suit

Los Angeles, CA

energy
water

Due date:

06/01/2019

Property types required:

  • Commercial properties: 50,000+ sqft.
  • Multi-Family properties: 50,000+ sqft.
  • Industrial properties: 50,000+ sqft.

Penalties for non-compliance:

Failure to comply with this division shall subject the owner to noncompliance fees as specified in Section 98.0411 of the Los Angeles Municipal Code, except that the amount of the noncompliance fee shall be $202.

Minneapolis, MN

energy
water

Due date:

06/01/2019

Property types required:

  • Commercial properties: 50,000+ sqft.

Penalties for non-compliance:

Warning notice mailed to the building owner, indicating 45 days to comply else face a penalty. Failure to comply with penalties may result in a suspension of commercial building registration.

Montgomery County, MD

energy

Due date:

06/01/2019

Property types required:

  • Commercial properties: 50,000+ sqft.

Penalties for non-compliance:

To be addressed through Method 2 regulations. Any violation is considered a Class A violation.

New York, NY

energy
water

Due date:

05/01/2019

Property types required:

  • Commercial properties: 25,000+ sqft.
  • Multi-Family properties: 25,000+ sqft.
  • Industrial properties: 25,000+ sqft.

Penalties for non-compliance:

$500 fine for missing May 1st benchmarking deadline, additional $500 fines for each subsequent quarter failing to benchmark (maximum: $2,000)

Ontario, Canada

energy
water

Due date:

07/01/2019

Property types required:

  • Commercial properties: 250,000+ sqft.
  • Industrial properties: 250,000+ sqft.

Penalties for non-compliance:

Failure to comply with the benchmarking requirements will result in public transparency status being listed as "non-compliant".

Orlando, FL

energy
water

Due date:

05/01/2019

Property types required:

  • Commercial properties: 50,000+ sqft.
  • Multi-Family properties: 50,000+ sqft.

Penalties for non-compliance:

Violations of this section are punishable as provided in Article I, Chapter 5, of the Orlando City Code. However, no owner of a covered property found to be in violation of this Part shall be fined more than $2,000 per year.

Philadelphia, PA

energy
water

Due date:

06/30/2019

Property types required:

  • Commercial properties: 50,000+ sqft.
  • Multi-Family properties: 50,000+ sqft.

Penalties for non-compliance:

$300 fine for the 1st 30 days, and then $100/day

Pittsburgh, PA

energy
water

Due date:

06/01/2019

Property types required:

  • Commercial properties: 50,000+ sqft.

Penalties for non-compliance:

Failure to comply with the benchmarking requirements will result in publicly being listed as non-compliant on the online platform, described as "eligible and non-participating".

Portland, OR

energy

Due date:

04/22/2019

Property types required:

  • Commercial properties: 20,000+ sqft.

Penalties for non-compliance:

$500 for every 90 day period during which violations continue.

San Francisco, CA

energy

Due date:

05/01/2019

Property types required:

  • Commercial properties: 10,000+ sqft.
  • Industrial properties: 10,000+ sqft.

Penalties for non-compliance:

Warning, then public notice, then fine

Seattle, WA

energy

Due date:

04/01/2019

Property types required:

  • Commercial properties: 20,000+ sqft.
  • Multi-Family properties: 20,000+ sqft.

Penalties for non-compliance:

Penalties accrue quarterly, starting 90 days after reporting deadlines. Buildings 50,000 SF or greater: $1,000/quarter. Buildings greater than or equal to 20,000 SF and less than 50,000 SF: $500/quarter

St. Louis, MO

energy
water

Due date:

04/01/2019

Property types required:

  • Commercial properties: 50,000+ sqft.
  • Multi-Family properties: 50,000+ sqft.

Penalties for non-compliance:

If benchmarking information is not reported within 60 days after a written warning is issued, the owner is subject to a fine of at least $50 and not more than $200. Each day of the violation is a separate offense. Cumulative fine cannot exceed $1,000.

Washington, DC

energy
water

Due date:

04/01/2019

Property types required:

  • Commercial properties: 50,000+ sqft.
  • Multi-Family properties: 50,000+ sqft.
  • Industrial properties: 50,000+ sqft.

Penalties for non-compliance:

Up to $100 per day.

Questions?

Submit your question about local benchmarking compliance below!

* The above data was last updated on 05/15/2018 and will be periodically updated by Goby.

** This page provides a brief overview of compliance requirements for local benchmarking ordinances in North America; if you are still unclear about the requirements or unsure if your building(s) are required to comply, make sure to contact Goby for clarification today.

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