San Jose - Energy and Water Building Performance Ordinance (BPO)

Comply with San Jose’s Energy and Water Building Performance Ordinance with expert help from Inland Empire Energy. We provide benchmarking, audits, retro-commissioning, and reporting to meet Chapter 17.85 requirements. Get started today.

What Is the San Jose Energy and Water Building Performance Ordinance?

What Is Energy and Water Building Performance Ordinance (BPO)?

The San José Energy and Water Building Performance Ordinance (Chapter 17.85) is a local law requiring:

  • Annual benchmarking of energy and water use for large residential and nonresidential buildings.

  • Periodic audits, retro-commissioning, or efficiency improvements for buildings that do not meet performance standards.

  • Public disclosure of building performance data.

Its purpose is to improve building efficiency, reduce greenhouse gas emissions, and support informed decision-making by owners, tenants, and the public.

Who Must Comply?

Compliance is required for:

  • Privately-owned residential or nonresidential buildings with 20,000 square feet or more of gross floor area.

  • City-owned buildings with 15,000 square feet or more.

  • Exemptions apply to single-family, duplex, four-plex buildings, residential hotels, utility pumping stations, and certain industrial buildings (§17.85.120).

What’s Required?

Annual Benchmarking Report

  • Submitted using ENERGY STAR® Portfolio Manager.

  • Includes energy and water use, emissions, ENERGY STAR® and Water Scores, and performance metrics.

  • Due annually by May 1 (§17.85.300, §17.85.510).

Performance Verification or Improvement (Every 5 Years)

Buildings must either:

  • Meet performance standards (e.g., ENERGY STAR® Score ≥75, LEED certification, 15% improvement in EUI or Water Use Intensity), or

  • Complete one of the following:

    • Audit (ASHRAE Level 2 or utility-based)

    • Retro-commissioning

    • Efficiency improvement measures (e.g., lighting upgrades, smart thermostats, water-efficient landscaping)

Due every five years, based on the last digit of the Santa Clara County Assessor’s Parcel Number (§17.85.520).

Public Disclosure

The City publishes:

  • Property address and use type

  • Summary performance data

  • Compliance status

This data is updated annually (§17.85.330).

Penalties for Non-Compliance

Each day of non-compliance is considered a separate violation and may result in enforcement actions (§17.85.550).

Solid green color background

5 +

Years of Experience

200 +

Satisfied Clients

solid green color background

200 +

Completed Projects

solid green background

4+

Cities Served

How We Help

Annual Benchmarking

  • Submitted using ENERGY STAR® Portfolio Manager.

  • Includes energy and water use, emissions, ENERGY STAR® and Water Scores, and performance metrics.

  • Due annually by May 1 (§17.85.300, §17.85.510).

Audits & Retro-Commissioning

Our qualified professionals deliver:

  • ASHRAE Level 2 audits for energy systems.

  • Water audits covering potable systems, irrigation, reuse, and water features.

  • Retro-commissioning of HVAC, lighting, water heating, and renewable systems.

Each report includes system diagnostics, savings estimates, and compliance-ready documentation.

Efficiency Improvements

We help implement and document qualifying upgrades such as:

  • ENERGY STAR® appliance replacements

  • Smart thermostats

  • Water-efficient landscaping

  • Utility rebate program participation

We prepare and submit all required reports and maintain records for future inspections.

Why Choose Inland Empire Energy

Deep Expertise in San José’s Ordinance

We specialize in Chapter 17.85 compliance, with a thorough understanding of San José’s benchmarking, audit, retro-commissioning, and reporting requirements. Our team stays current with ordinance updates, deadlines, and exemption criteria—so you don’t have to.

Led by a California-Licensed Professional Engineer

Our firm is owned and operated by a California-licensed Professional Engineer (PE) with extensive experience in building systems, energy auditing, and water efficiency. You get direct access to a qualified expert—not a sales rep—ensuring technical accuracy and accountability.

Full-Service Compliance Management

We handle every aspect of ordinance compliance:

  • ENERGY STAR® Portfolio Manager setup and benchmarking

  • ASHRAE Level 2 audits and water audits

  • Retro-commissioning and efficiency upgrades

  • Documentation, reporting, and recordkeeping

  • Exemption evaluation and appeals support

We track your deadlines and maintain your records for five years, as required by the ordinance.

Data-Driven, Cost-Conscious Solutions

Our recommendations are based on actual building performance data, not generic templates. We provide:

  • Verified energy and water use diagnostics

  • Payback and net present value analysis

  • Strategic upgrade planning based on ordinance pathways

We help you prioritize measures with the strongest ROI and avoid unnecessary spending.

Strategic Exemption Support

We help you identify and pursue exemptions for:

  • ENERGY STAR® or LEED-certified buildings

  • Financial distress

  • Unoccupied or newly constructed properties

  • Non-submetered residential buildings under 50,000 sq ft

We prepare and submit all supporting documentation to the City on your behalf.

Transparent, Client-Centered Service

We believe in clear communication, no hidden fees, and no upselling. Our goal is to keep your building compliant, efficient, and ahead of regulatory changes—with honest guidance and responsive support.

Questions & Answers

Frequently Asked Questions

Aerial view of a fast-food drive-thru restaurant with a parking lot, surrounded by roads and greenery, vehicles parked, and visible drive-thru lanes.

  • Single-family homes, duplexes, four-plexes, residential hotels, utility pumping stations, and certain industrial buildings are exempt. Buildings under 20,000 sq ft are also not subject to the ordinance (§17.85.120).

  • A Covered Property is one with either:

    • No residential utility accounts, or

    • Five or more active utility accounts of one type, with at least one being residential (§17.85.200.H).

  • The ENERGY STAR® Score (1–100) measures a building’s energy efficiency compared to similar buildings nationwide. A score of 75 or higher qualifies for ENERGY STAR® certification and may exempt your building from audit requirements (§17.85.200.O, §17.85.410).

    • Retro-commissioning is a process to optimize existing building systems by correcting inefficiencies. It may be required every five years if your building does not meet performance standards (§17.85.420.B).

  • Buildings may be exempt from audits or retro-commissioning if they:

    • Are newly constructed (under 5 years old)

    • Have ENERGY STAR® or LEED certification

    • Show significant performance improvements over time (§17.85.410)

Need More Help?

Ready to Get Compliant?

Fill out the form below and our team will reach out within 1 business day to help you meet your BPO compliance requirements—fast, accurate, and stress-free.

Prefer to connect directly?
Call us at 909-906-0840
Email us at team@inlandempireenergy.com