San Jose Beyond Benchmarking - Requirements and Deadlines
Dena Energy is a qualified provider for Beyond Benchmarking audit and retro-commissioning.
San Jose Beyond Benchmarking Summary
A new set of compliance requirements for commercial and multifamily properties take effect in San Jose in 2023. The program is called Beyond Benchmarking and requires compliance with energy and water consumption standards. Buildings that do not meet performance standards the owner can perform an energy audit, retro-commissioning (RCx), or targeted efficiency upgrades to improve performance.
Buildings over 50,000 sq ft with an Assessor's Parcel Number (APN) ending in either 0 or 1 must have Beyond Benchmarking requirements planned or fulfilled by May 1, 2023. Other APNs will start later.
| Last digit of APN | First compliance due date |
|---|---|
| 0 or 1 | May 1, 2023 |
| 2 or 3 | May 1, 2024 |
| 4 or 5 | May 1, 2025 |
| 6 or 7 | May 1, 2026 |
| 8 or 9 | May 1, 2027 |
| Last digit of APN | First compliance due date |
|---|---|
| 0 or 1 | May 1, 2024 |
| 2 or 3 | May 1, 2025 |
| 4 or 5 | May 1, 2026 |
| 6 or 7 | May 1, 2027 |
| 8 or 9 | May 1, 2028 |
Beyond Benchmarking Exemptions
Energy and Water Exemption: Your building may qualify for an exemption from Beyond Benchmarking if either of the two conditions below is satisfied: for the building
Zoned as exclusively industrial:
HI (Heavy Industrial),
LI (Light Industrial), or
IP (Industrial Park) with >50% of the gross floor area is used exclusively for industrial, manufacturing or research and design.
Under 20,000 sq ft, taking into account all buildings served by a common meter.
Water-only Exemption: A separate, water-only exemption can be granted if all conditions below are satisfied for the building:
Residential
Under 50,000 sq ft
Not sub-metered for water use
Beyond Benchmarking Compliance Pathways
There are several distinct compliance pathways: 1) performance pathway, and 2) improvement pathway. We can help determine the best pathway for your buildings and guide you along the way.
1. Performance Pathway
For properties that satisfy established energy and/or water efficiency standards. This step requires data verification of prior years’ benchmarking reports by a licensed professional and the submission of a Performance Verification Report.
A building qualifies for the Performance Pathway for energy and/or water if it meets the following criteria:
New Building: The building is new and has been occupied for less than five years from its first compliance due date, based on its Temporary Certificate of Occupancy or Certificate of Occupancy.
Energy: The building has achieved one or more of the following standards for at least two of the three calendar years preceding it’s Beyond Benchmarking deadline:
Holds a current Leadership in Energy and Environmental Design (LEEDTM) Existing Buildings Operations and Maintenance v4 Certification;
Has received an ENERGY STAR Score of 75 or greater;
Has improved its ENERGY STAR Score by fifteen points or more relative to its performance during the baseline year;
Has a weather-normalized site Energy Use Intensity as calculated by the ENERGY STAR® Portfolio Manager® that is twenty-five percent (25%) below the calculated mean for that property type; or
Has reduced its weather-normalized site Energy Use Intensity by at least fifteen percent (15%) relative to its performance during the baseline year.
Water: The building has achieved one or more of the water standards for at least two of the three calendar years preceding it’s Beyond Benchmarking deadline:
Has a Water Use Intensity that is 25% below the locally calculated mean for that property type;
Has reduced its Water Use Intensity by at least 15% relative to its performance during the baseline year;
(Multifamily Only) Has received a US EPA Water Score of 75 from the US EPA; or
(Multifamily Only) Has improved its US EPA Water Score by fifteen points or more relative to its performance during the baseline year.
2. Improvement Pathway
If a property is unable to meet established energy and/or water efficiency standards, the owner must implement one of three actions for each unmet standard, and submit a corresponding report authored by a licensed professional:
Audit, conducted by a Qualified Auditor
Retro-commissioning (RCx), conducted by a Qualified Retrocommissioning Professional
Two (2) Targeted Efficiency Improvement Measures, selected from a pre-approved list, installed in accordance with California Building Standards (Title 24)
Improvement Pathway #1 - Energy and Water Audit
An Audit is a complete analysis of a building’s energy and/or water efficiency and includes the measures that a building owner can take to make the building more efficient.
Improvement Pathway #2 - Energy and Water Retro-commissioning (RCx)
Retrocommissioning (RCx), or commissioning of an existing building, is a process that ensures building systems are designed, installed, functionally tested, and capable of being operated and maintained according to the owner’s operational needs.
Improvement Pathway #3 - Energy and Water Efficiency Improvement Measures
An Efficiency Improvement Measure is an action that is implemented to reduce the amount of energy or water used to perform a function. This option is ideal for buildings that do not have a central heating and cooling (HVAC) system. You must complete a minimum of two (2) efficiency improvement measures for each unmet standard.
Once you have completed your Beyond Benchmarking pathway, you will need to submit documentation to the City for compliance.
Beyond Benchmarking Penalty for Non-Compliance
Violations will be subject to the remedies and enforcement measures authorized by the Ordinance.
Covered buildings under 50,000 sq ft may be fined $25 for each day of noncompliance, up to $2,500 per calendar year.
Covered buildings 50,000 sq ft and above may be fined $50 for each day of noncompliance, up to $5,000 per calendar year.
Extension Request Deadline
If you are not prepared to submit your report by the May 1st deadline, you should submit an extension request. The City of San Jose offers extensions of up to 180 days if you need additional time to fulfill requirements. Extension requests must be submitted by May 1st annually.
Dena Energy can help you with San Jose BPO and Beyond Benchmarking compliance and exemption applications. Contact us today for a no-cost no-obligation consultation.
Phone: (408) 658-0774
Email: info@dena.energy