San Jose - Energy and Water Building Performance Ordinance (BPO)
The Energy and Water Building Performance Ordinance in San Jose, California, was established to address energy efficiency and water conservation in the city's existing commercial and residential buildings. This ordinance aims to minimize the environmental impact of buildings by requiring regular benchmarking and reporting on energy and water usage, thus encouraging property owners to make improvements that enhance sustainability.
17.85.300 Annual Energy and Water Benchmarking and Reporting
A. For every Property subject to this Chapter, the Owner shall annually collect data related to the building’s Energy and water usage according to the latest guidance under Building Energy Use Data Access, Benchmarking, and Public Disclosure Regulations, California Code of Regulations, Title 20, Division 2, Chapter 4, Article 9, Section 1680, and following, including, but not limited to, those related to obtaining customer consent.
B. The Owner shall annually submit to the Department an Energy and Water Benchmarking Report according to the schedule set forth in Part 5 together with the fees as established by resolution of the Council. The Energy and WaterBenchmarking Report shall be based on an assessment in the ENERGY STAR® Portfolio Manager of the total Energy and water consumed by the whole building for the entire calendar year being reported. The Energy and Water Benchmarking Report shall, at minimum, include the following:
1. Descriptive Information. Basic descriptive information to track and report a building's compliance with this Chapter, including, but not limited to, the building address, facility gross square footage, property type, and the individual or entity responsible for the Benchmarking Report.
2. Energy and Water Benchmarking Information. Information necessary to Benchmark Energy and water usage shall be determined by the Department and shall include, at a minimum, the following data:
a. The ENERGY STAR® Portfolio Manager ENERGY STAR® Score for the building, where available;
b. The weather-normalized site and source Energy Use Intensity (EUI) per unit area per year (kBTU per square foot per year) for the building;
c. The site and source Energy Use Intensity (EUI) per unit area per year (kBTU per square foot per year) for the building;
d. The annual carbon dioxide equivalent emissions due to Energy use for the building as estimated by ENERGY STAR® Portfolio Manager;
e. The US EPA Water Score for the building, where available;
f. Indoor water use, indoor water intensity, outdoor water use (when
available), and total water use; and
g. Number of years the building has been ENERGY STAR® Certified and the last approval date, if applicable.
C. Nothing in this Chapter permits an Owner to use tenant utility usage data for purposes other than compliance with Benchmarking Report requirements. The reporting requirements of this Chapter are in addition to any federal or state laws governing direct access to, and publication of, tenant utility data.
17.85.410 Performance Path: Properties which are Highly Efficient or Have Demonstrated Increased Efficiency
An Owner may establish satisfactory Energy and water efficiency by providing a Performance Verification Report to the Department in such a form as required by the Director of the Department that demonstrates the following:
A. The Property is new and has been occupied for less than five (5) years from its first compliance due date, based on its Temporary Certificate of Occupancy or Certificate of Occupancy; or
B. The Property has achieved one (1) or more of the Energy standards and one (1) or more of the water standards as set forth below for at least two (2) of the three (3) calendar years preceding the Property’s compliance due date in Part 5:
1. Energy Standards: The Property has a current Leadership in Energy and Environmental Design (LEED™) Existing Buildings Operations and Maintenance v4 Certification;
2. or a California licensed engineer or architect, or Qualified Auditor or Retro-Commissioning Professional certified at least at least one (1) of the following:
a. The Property has received an ENERGY STAR® Score of 75 or greater from the US EPA; or
b. The Property has improved its ENERGY STAR® Score by fifteen (15) points or more relative to its performance during the baseline
year; or
c. The Property has a weather normalized site Energy Use Intensity as calculated by the Benchmarking Tool that is twenty-five percent (25%) below the calculated mean for that property type; or
d. The Property has reduced its weather normalized site Energy Use Intensity by at least fifteen percent (15%) relative to its performance during the baseline year.
2. Water Standards; A California licensed engineer or architect, or Qualified Auditor or Retro-Commissioning Professional certified at least one (1) of the following:
a. The building has received a US EPA Water Score of 75 from the US EPA;
b. The Property has improved its US EPA Water Score by fifteen (15) points or more relative to its performance during the baseline year;
c. The Property has a Water Use Intensity as calculated by the Benchmarking Tool that is twenty-five percent (25%) below the
locally calculated mean for that property type; or
d. The Property has reduced its Water Use Intensity by at least fifteen percent (15%) relative to its performance during the baseline year.
C. If a property has achieved both Energy and water standards, the Owner is only required to submit a Performance Verification Report for that reporting year. If the Property only meets one (1) of the standards, the Owner shall submit a Performance Verification Report for the satisfactory standard and shall comply with this Chapter by completing one (1) of three (3) improvement pathway options for the unmet standard.
17.85.420 Improvement Pathways: Properties Requiring Additional Energy or
Water Efficiency
If a Property does not meet performance standards set forth in Section 17.85.400 above, an Owner shall meet the requirements of this Chapter through one (1) of three (3) alternative means:
(1) Conducting an Audit;
(2) Performing Retro-Commissioning; or
(3) Adopting Efficiency Improvement Measures.
A. Improvement Pathway 1: Audit, an Owner may comply with the requirements of this Chapter by conducting an Audit by
a Qualified Auditor for any unmet Energy or water standard and submitting an Audit Report within the time set forth in Part 5.
1. Audit Requirements: An Owner may comply with the requirements of this Chapter by performing an Audit by a Qualified Auditor as verified in an Audit Report. Such Audit shall comply with the following:
a. Energy Audit: The Energy Audit required by this Chapter shall meet or exceed the following:
i. Level 2 Audit standards in conformance with the American Society of Heating Refrigerating and Air-Conditioning Engineers (“ASHRAE”) Standard 211-2018: Standard for Commercial Building Energy Audits (latest edition at the time the Audit is initiated); or
ii. An Energy assessment or Audit offered by the utilities serving the Property, provided that the potential savings opportunities related to all Energy sources are evaluated.
b. Water Audit: The Water Audit required by this Chapter shall be performed in accordance with industry standard practices. Until such time as a third party verifiable water auditing process is developed and endorsed by a professional building association, governmental entity, or academic institution, and as approved by the Director of the Department, Water Audit of the Base Building
Systems shall include, at a minimum, the following:
i. Potable water distribution systems;
ii. Landscape irrigation systems;
iii. Water reuse systems; and
iv. Water features.
2. Audit Report: A report of the Audit, completed and signed by Qualified Auditor, shall be submitted to the City and maintained by the Owner as required in Section 17.85.500. The report shall meet the requirements of Section 17.85.410 and shall include, at a minimum, the following:
a. The date(s) that the Audit was performed;
b. Identifying information on the auditor;
c. Information on the Base Building Systems and equipment;
d. A list of all Retrofit Measures that can reduce Energy or Water use, or cost of operating the Property, costs of each measure, and an estimate of the Energy and/or Water savings associated with each measure;
e. Functional performance testing reports;
f. Operational training conducted;
g. Acknowledgment that an ASHRAE Level 2, or alternate approved assessment or audit was conducted; and
h. Identification of existing electric vehicle charging stations, equipment, and infrastructure, as defined in Article 625 of the California Electric Code, including:
i. Number of existing electrical charging stations; and
ii. Number of “EV Capable” parking spaces as defined in California Green Building Standards (CalGreen) Sections 5.106.5.3.3 (Non-residential) and 4.106.4.2 (Residential) or as thereafter amended; or if no “EV Capable” parking spaces are present, number of 40-ampere minimum branch circuit capacity within the nearest circuit panel to existing parking spaces.
B. Improvement Pathway 2: Retro-Commissioning
An Owner may comply with the requirements of this Chapter by performing Retro- Commissioning under the direct supervision of a Qualified Retro-Commissioning Professional for any unmet Energy or water standard and submitting a Retro- Commissioning Report within the time set forth in Part 5. Such Retro-Commissioning shall comply with the following:
1. Energy Retro-Commissioning. Energy Retro-Commissioning shall be performed in accordance with industry standard practices, including ASHRAE Guideline 0.2, Commissioning Process for Existing Systems and Assemblies, and other standards as may be defined by the Director of the Department.
a. The Retro-Commissioning of the Base Building Systems shall ensure that all systems are maintained, cleaned and repaired,HVAC temperature and humidity set points and setbacks are appropriate, operating schedules reflect major space occupancy patterns and the current facility requirements, and that all operating parameters are adjusted to achieve efficient operations; and
b. The Retro-Commissioning shall include, at minimum, the following:
i. Heating, ventilation, air conditioning (HVAC) systems and controls;
ii. Indoor lighting systems and controls;
iii. Water heating systems; and
iv. Renewable Energy systems.
2. Water Retro-Commissioning: Water Retro-Commissioning shall be performed in accordance with industry standard practices, such as ASHRAE Guideline 0.2, Commissioning Process for Existing Systems and Assemblies, or other standards as may be defined by the Director of the Department. The Retro-Commissioning of the Base Building Systems shall include, at minimum, the following:
a. Potable water distribution systems;
b. Potable water distribution systems;
c. Water Reuse Systems; and
d. Water Features.
3. Retro-Commissioning Report: A Retro-Commissioning Report, completed and signed by a Qualified Retro-Commissioning Professional, shall be submitted to the Department and maintained by the Owner as required in Section 17.85.500. The report shall meet the requirements of this Chapter, and shall include, at a minimum, the following:
a. The date(s) that the Retro-Commissioning was performed;
b. Identifying information for the Retro-Commissioning provider;
c. Information on the Base Building Systems and equipment both before and after the Retro-Commissioning; and
d. All the Retro-Commissioning process activities undertaken, and Retro-Commissioning Measures completed.
C. Improvement Pathway 3: Efficiency Improvement Measures
An Owner of a Property which does not have a central cooling system may comply with the requirements of this Chapter for any unmet standard by demonstrating two (2) of the following corresponding efficiency improvement measures listed below were completed and submitting an Efficiency Improvement Measures Report within the time set forth in Part 5.
1. Energy Efficiency Improvement Measures:
a. Installation of common area and exterior lighting fixtures in accordance with California Building Standards Code (California Code of Regulations, Title 24) requirements in effect at the time of the compliance cycle;
b. Installation of domestic hot water heater in accordance with California Building Standards Code (California Code ofRegulations, Title 24) requirements in effect at the time of the compliance cycle;
c. Replacement of all refrigerators on the Property to ENERGY STAR® Certified models;
d. Replacement of all gas stoves on the Property to electric induction stoves;
e. Replacement of all gas water heaters on the Property to electric heat pump or tankless water heaters;
f. Installation of a smart thermostat;
g. Installation of a solar thermal heating/cooling system;
h. Enrollment in a Department-approved utility demand response program;
i. Installation of insulation on all hot water pipes in accessible Property locations; or
j. Participation in a Department-approved Energy utility retrofit program (e.g. taken advantage of rebate or incentive programs for
upgrades).
2. Water Efficiency Improvement Measures
a. Installation of plumbing such that all systems on the Property are in compliance with California Building Standards Code (California Code of Regulations, Title 24) requirements in effect at the time of the compliance cycle;
b. Installation of outdoor landscaping and irrigation such that all systems on the Property are in compliance with San Jose Municipal Code Chapter 15.11, Water Efficient Landscape Standards for New and Rehabilitated Landscaping in effect at the time of the compliance cycle;
c. Installation of a greywater system in accordance with California Code of Regulations, Title 24, Sections 1502.6, 1502.10.3, or as
amended;
d. Installation of insulation on all hot water pipes in accessible Property locations; or
e. Participation in approved water utility retrofit program (e.g. taken advantage of rebate or incentive programs for upgrades).
3. Efficiency Improvement Measures Report: A report of the Efficiency Improvement Measures implemented shall be submitted to the City and maintained by the Owner as required in Section 17.85.500. The report shall be submitted with sufficient supporting data including receipts or other proof of compliance and shall include, at a minimum, the following:
a. Descriptions of the measures including the date(s) that the Efficiency Improvement Measures were implemented;
b. Identifying information on the person implementing the Efficiency Improvement Measures;
c. Information on the Base Building Systems and equipment; and
d. A list of all Efficiency Improvement Measures that can reduce Energy or Water use and the cost of operating the Property, and the costs of each measure.
17.85.510 Schedule for Benchmarking Report Compliance
An annual Benchmarking Report in compliance with Part 3 together with the fees as established by resolution of Council shall be submitted to the Department according to the following schedule:
A. For Properties owned by the City with gross floor area of fifteen thousand (15,000) square feet or more, the Owner must complete and submit the initial Benchmarking Report on or before May 1, 2019, and annually no later than May 1 thereafter.
B. For a privately-owned Property with gross floor area of fifty thousand (50,000) square feet or more, the Owner must complete and submit the initial Benchmarking Report on or before May 1, 2019, and annually no later than May 1 thereafter.
C. For a privately-owned Property with gross floor area equal to or greater than twenty thousand (20,000) square feet but less than fifty thousand (50,000) square feet, the Owner must complete and submit the initial Benchmarking Report on or before May 1, 2020, and annually no later than May 1 thereafter.
17.85.520 Schedule for Performance. Audit Retro-Commissioning, or Efficiency
Improvement Measures Report Compliance
Compliance with Part 4 shall be due once every five (5) years, as set forth below based on the last number of the Santa Clara County Tax Assessor’s Parcel Number for each Property subject to this Chapter under Section 17.85.120.
Properties > 50,000 square feet
Last digit of APN First compliance due date, Subsequent compliance due dates
0 - May 1, 2023 - Every five years thereafter
1 - May 1, 2023 - Every five years thereafter
2 - May 1, 2024 - Every five years thereafter
3 - May 1, 2024 - Every five years thereafter
4 - May 1, 2025 - Every five years thereafter
5 - May 1, 2025 - Every five years thereafter
6 - May 1, 2026 - Every five years thereafter
7 - May 1, 2026 - Every five years thereafter
8 - May 1, 2027 - Every five years thereafter
9 - May 1, 2027 - Every five years thereafter
Properties 20,000 square feet - 49,999 square feet
Last digit of APN First compliance due date, Subsequent compliance due dates
0 - May 1, 2024 - Every five years thereafter
1 - May 1, 2024 - Every five years thereafter
2 - May 1, 2025 - Every five years thereafter
3 - May 1, 2025 - Every five years thereafter
4 - May 1, 2026 - Every five years thereafter
5 - May 1, 2026 - Every five years thereafter
6 - May 1, 2027 - Every five years thereafter
7 - May 1, 2027 - Every five years thereafter
8 - May 1, 2028 - Every five years thereafter
9 - May 1, 2028 - Every five years thereafter
17.85.540 Time Extensions
The Director of the Department may grant an extension of time of up to sixty (60) days to file any submittal required by this Chapter. The Director of the Department may grant an additional extension up to one hundred eighty (180) days upon an application based upon a showing of substantial hardship. The Director of the Department may grant additional time extensions under exceptional circumstances including that the use or occupancy of the Property has been impacted by local, state, or federal regulation or order without fault of the Property owner.
For full ordinance reference:
https://records.sanjoseca.gov/Ordinances/ORD30550.pdf
