Berkeley Building Emissions Saving Ordinance
What is Berkeley Building Emissions Saving Ordinance?
The Berkeley Building Emissions Saving Ordinance (BESO) is a regulation aimed at improving energy efficiency in buildings throughout the city.
- BESO’s core function: Requiring assessments and public reporting of energy efficiency information for Berkeley buildings.
- Timeline: Adopted in 2015. Amended in 2025, with the new requirements below effective 2026.
What buildings are required per Berkeley Building Emissions Saving Ordinance?
Berkeley amended BESO in 2025, with new requirements effective 2026. Coverage now depends on building size:
- Buildings 25,000+ sq ft: annual ENERGY STAR benchmarking report, plus a BESO assessment every 5 years
- Buildings 15,000–24,999 sq ft: annual benchmarking report, plus a BESO assessment at the time of sale/listing
- Buildings 850–14,999 sq ft, and 1–4 unit homes: BESO assessment required only at the time of sale/listing (no annual benchmarking)
Your building may qualify for an exemption from reporting if:
The building has fewer than 3 non-residential active utility accounts or fewer than 5 residential utility accounts, and the owner attests to the Administrator that they made a sincere effort to obtain tenant authorization for accessing tenant utility data but were unsuccessful. To demonstrate a sincere effort, the owner must provide a copy of the ENERGY STAR© Tenant Authorization Notice signed by the tenant(s) indicating refusal to authorize disclosure of their energy use data. State reporting requirements may still apply regardless.
The building occupant convinces the Administrator that disclosure could reveal proprietary information considered a trade secret. State reporting requirements may still apply regardless.
You can view the list of buildings required to submit benchmarking data here.
What is the penalty for non-compliance?
Failure to conduct the BESO assessment at time of sale (or within 6 months of sale if deferred to the buyer) now results in an $85 administrative late fee added to the filing fee, plus possible additional penalties such as an administrative citation.
What is the compliance process?
Building owners must report their energy usage data to Energy Star Portfolio Manager, a reporting tool that allows building owners to compare their building’s energy efficiency with similar buildings.
Operators of buildings scoring below the national average of 80 are obligated to conduct an energy audit every five years.
What is the deadline for Berkeley Building Emissions Saving Compliance?
Berkeley Building Emissions Savings Compliance (BESO) requires that building owners annually submit their energy usage data using the ENERGY STAR Portfolio Manager tool by July 1st.
What utilities are required for benchmarking reporting?
- Water
- Electricity
- Natural Gas
- District Energy
- Any other purchased fuel
What is the purpose for Berkeley Building Emissions Saving Ordinance?
The Berkeley Building Emissions Saving Ordinance (BESO) has a two-fold purpose:
Increase Transparency Around Building Energy Use: By requiring assessments and public reporting of energy efficiency information, BESO aims to make building energy use more transparent. This benefits both buyers and sellers:
- Buyers: Can make informed decisions about the potential energy costs associated with a property.
- Sellers: Can highlight the energy efficiency of their building as a selling point.
Motivate Energy Efficiency Improvements: BESO doesn’t mandate specific upgrades, but the assessments it requires identify areas for improvement. This can motivate building owners to invest in energy-efficient upgrades and electrification for several reasons:
- Cost Savings: By reducing energy consumption, building owners can save money on their energy bills.
- Sustainability: Lower energy use translates to a smaller environmental footprint and contributes to a more sustainable city.
- Compliance: Regular benchmarking helps owners track progress and ensures they meet BESO requirements.
Overall, BESO aims to create a more informed marketplace for buildings in Berkeley while encouraging energy efficiency improvements that benefit both building owners and the environment.
Interested in benchmarking help?
If you are interested to learn more how Energy Fave can help with Energy benchmarking for your building or if you have more questions about the whole reporting process, feel free to email us: Info@energyfave.com