San Jose Energy and Water Building Performance Ordinance

What is the San Jose Energy and Water Building Performance Ordinance (BPO)?

San Jose BPO is a city law that requires all building owners whose properties are located within the City of San Jose to conduct energy and water benchmarking annually and verify or improve their building performance every 5 years.

What is required for San Jose Annual Benchmarking?

Every year energy and water usage data is required to be collected and submitted to the City of San Jose Environmental Services Department by May 1st each year.

When is my San Jose Annual Energy and Water Benchmarking Due?

The BPO program went into effect in 2019, with the first benchmarking due May 1, 2019. Additional due dates will be on a rolling basis over several years.

Building Type

Square Footage

1st Annual Benchmarking Due Date

City-Owned

15,000 sq. ft. or moreMay 1, 2019
Privately owned50,000 sq. ft. or more

May 1, 2019

20,000 sq. ft. or more

May 1, 2020

What are my options for complying with the 5-year San Jose Building Performance Ordinance Verification and Improvement?

Compliance chart.

Chart showing the options for compliance with San Jose BPO 5-year requirements.

When is the San Jose BPO Verification and Improvement due?

Last Digit of APN

1st Compliance Due Date

Properties ≥ 50,000 sq. ft.

Properties 20,000 – 49,999 sq. ft.

0

May 1, 2021May 1, 2022

1

May 1, 2021May 1, 2022

2

May 1, 2022May 1, 2023

3

May 1, 2022May 1, 2023
4May 1, 2023

May 1, 2024

5May 1, 2023

May 1, 2024

6May 1, 2024

May 1, 2025

7May 1, 2024

May 1, 2025

8May 1, 2025

May 1, 2026

9May 1, 2025

May 1, 2026

What happens if I don’t comply with San Jose BPO?

Failure to comply will result in:

  • fine of $100 for the first violation
  • $200 for the second violation
  • $500 for the third violation
  • The fourth violation is designated as an infraction and violators shall be guilty of a misdemeanor.
  • Each day of non-compliance is considered a separate violation of the code.