A building performance standard, or BPS, is a law that sets binding energy or emissions targets for existing buildings, with financial penalties for missing them. It is the step beyond benchmarking: benchmarking laws make a building's energy use visible, while a BPS requires that number to come down. As of July 2026, 16 active BPS laws are on the books across U.S. cities, counties, and states, according to the Institute for Market Transformation, and the first real enforcement wave is now in motion. This guide covers who is affected, what changed in 2025 and 2026, and what the numbers actually are, verified against primary government sources.
What counts as a BPS, and what does not?
A true BPS carries a performance requirement: an emissions cap (New York, Boston), an energy use intensity target (Denver), or a net-zero date (Cambridge). Benchmarking-only laws are different. Chicago, for example, relaunched its energy benchmarking program on March 5, 2026 under its new Department of Environment, but it remains a reporting law, not a performance standard. The same goes for the roughly 60 U.S. jurisdictions that require benchmarking. If your building is in one of those cities, you file data every year; a BPS city can also fine you for what that data shows.
Which laws are active, and what do they require?
The table below covers the major BPS laws we verified directly against government program pages and ordinance text in July 2026. Where a jurisdiction publishes no penalty amount, we say so rather than repeat an estimate.
| Jurisdiction (law) | Covered buildings | Key upcoming milestone | Published penalty |
|---|---|---|---|
| NYC (Local Law 97) | Over 25,000 sq ft (50,000+ sq ft combined on shared tax lots) | CY2025 reports due 2026; extensions applied for by June 30 run to Aug 29, 2026. Stricter limits start 2030 | (Actual minus limit) x $268 per tCO2e per year; late report $0.50 per sq ft per month |
| Boston (BERDO 2.0) | Non-residential 20,000+ sq ft; residential 15+ units | 2026 report extended to Aug 15, 2026 | Alternative compliance payment $234 per tCO2e over the limit |
| Cambridge (BEUDO) | Reporting: non-residential 25,000+ sq ft and residential 50+ units. Emissions cuts: 100,000+ sq ft now, 25,000+ sq ft from 2030 | 100,000+ sq ft buildings must cut emissions 20% during 2026-2029 | No published amount |
| Washington, DC (BEPS) | Cycle 1: over 50,000 sq ft (over 25,000 from 2028) | Cycle 1 ends Dec 31, 2026; verified report due May 1, 2027 | Up to $10 per sq ft per DOEE's enforcement guidebook |
| Montgomery County, MD | 25,000+ sq ft (county program; exempt from the state's) | Annual benchmarking due June 1 | No published amount |
| Maryland (state BEPS) | 35,000+ sq ft excluding parking | 2026 reports were considered timely through June 30, 2026 | No published amount |
| Denver (Energize Denver) | 25,000+ sq ft (5,000-24,999 sq ft face lighter lighting or renewable energy rules) | Interim EUI targets 2028; final 2032 | Rates cut in half in 2025; no performance penalties until late 2029 |
| Colorado (Building Performance Colorado) | 50,000+ sq ft | Benchmarking report and fees due Nov 1, 2026 | 2026 targets are now non-binding goals; 2030 targets remain mandatory; late reports subject to penalty |
| Washington State (Clean Buildings) | Tier 1 phases in from 220,000+ sq ft (June 2026) down to 50,000 sq ft (June 2028) | Over 90,000 sq ft: reports due June 1, 2027 | $5,000 plus $1.50 per sq ft |
| Seattle (BEPS) | Non-residential and multifamily over 20,000 sq ft | First BEPS reporting Oct 1, 2027 for buildings over 90,000 sq ft | Benchmarking fines waived for 2025 data during the portal transition |
| St. Louis (BEPS) | 50,000+ sq ft, all major property types | Next performance cycle deadline 2030 (2027 for houses of worship and affordable housing) | Reporting fines $50 to $200 per day-offense, capped at $1,000 per year |
| Evanston, IL (Healthy Buildings) | 20,000+ sq ft (condos exempt below 50,000 sq ft) | Annual benchmarking due June 30; performance targets from 2031, per policy trackers | No published amount |
| West Hollywood, CA (EBPS) | Over 20,000 sq ft | Benchmarking began 2026; performance targets begin 2028 | No published amount |
Two scope notes. First, this table is the verified core, not the full census: IMT counts 16 active BPS laws nationally, and policy trackers list further programs beyond that core set, such as Newton, MA (adopted 2025) and Chula Vista, CA (2021). Second, Santa Monica is not on this list on purpose. Its proposed ordinance had not been adopted as of early July 2026; the City Council hearing is scheduled for July 28, 2026.
What changed in 2025 and 2026?
- Boston extended its 2026 BERDO reporting deadline from May 15 to August 15, 2026, for all building owners.
- Maryland's BEPS survived a federal preemption lawsuit. On March 31, 2026, a federal judge dismissed the challenge with prejudice, and the state separately treated 2026 reports as timely through June 30, 2026.
- Washington, DC held its ground. Proposed BEPS delays were stripped from the final FY26 budget in July 2025, so Cycle 1 still ends December 31, 2026.
- Denver softened its program. Penalty rates were cut in half, no performance penalties will be levied until late 2029, and target deadlines moved to 2028 and 2032.
- Colorado converted its 2026 targets into non-binding goals while keeping the 2030 targets mandatory, and state benchmarking enforcement has now begun.
- Seattle waived benchmarking fines for 2025 data while it moves to a new reporting portal launching July 16, 2026.
- Washington State's first Clean Buildings deadline arrived: buildings over 220,000 sq ft were due June 1, 2026, with the 90,000 to 220,000 sq ft tier due June 1, 2027.
- New York's proposed 7-year LL97 delay (Int 0371-2026) is a bill, not a law. As of July 2026 it sits in committee, and the existing deadlines and penalties remain fully in force.
Has anyone actually been fined yet?
For New York's Local Law 97, no emissions penalty had been assessed as of the DOB's April 22, 2026 statement, and the enforcement machinery is now visibly in motion. That statement reported 93% of covered properties filed their first LL97 emissions reports while roughly 1,400 properties failed to file; those non-filers are receiving Notices of Deficiency with a 60-day cure period, and DOB attorneys are preparing cases at the Office of Administrative Trials and Hearings, where penalties are assessed. On May 8, 2026, DOB Commissioner Ahmed Tigani said on the record that summonses would go out over the following months if owners do not respond, so the first assessments may already be near by the time you read this. Elsewhere, enforcement is already routine for reporting failures: DC can fine up to $100 per day for missed benchmarking, and Colorado's air-quality division has begun benchmarking enforcement.
Why 2030 is the real cliff
Most BPS laws start gently and tighten hard. New York is the clearest example: based on 2024 benchmarking data, fewer than 10% of properties exceeded their 2024-2029 caps, but about 57% are projected to exceed the 2030-2034 limits, per NYC Accelerator. Cambridge pulls its 25,000 to 100,000 sq ft buildings into emissions reduction in 2030. Colorado's mandatory targets land in 2030. Washington State reaches its 50,000 sq ft tier in 2028. A building that comfortably passes today can be a penalty case in the next cycle, and the retrofit lead time (design, financing, permits, construction) is measured in years, not months.
How should a multi-city portfolio handle this?
- Inventory first. List every building's city and gross floor area, and check it against each jurisdiction's threshold. Our city-by-city threshold guide covers 30 jurisdictions.
- Calendar the real dates. Deadlines moved in 2026 (Boston, Maryland), and Seattle waived its 2025-data fines. Use the current program-page date, not last year's.
- File benchmarking everywhere, on time. Reporting fines are the enforcement layer that is already active, and benchmarking data drives every downstream target.
- Model your 2030 position now. If your building clears its current cap but not the next one, the cheapest path is starting the audit and capital plan in this cycle, not in 2029.
Vert Energy Group files benchmarking reports, runs ASHRAE audits and retro-commissioning, and manages BPS compliance for portfolios in jurisdictions like these. If you want a building-by-building read on where your portfolio stands, start with a free portfolio assessment.