Status checked November 10, 2026. Check each program’s own page before treating a date or fee as current.
What a building performance standard is
A benchmarking law asks a building to report its annual energy use, most often through ENERGY STAR Portfolio Manager. A building performance standard sets a limit on that energy use, or on the emissions calculated from it, and the limit tightens over time. A building over its limit pays a fee or penalty, or has to show a plan and progress. Many programs also require a third party to verify the reported data.
The programs in 2026
| Program | What it limits | Where it stands in 2026 |
|---|---|---|
| New York City Local Law 97 | Emissions, for most buildings over 25,000 square feet | Limits in force since 2024 and tightening in 2030. The penalty is $268 per tonne of CO₂e over the limit |
| Boston BERDO 2.0 | Emissions | Standards apply to the largest buildings from 2025, reported in 2026. The alternative compliance payment is $234 per tonne, and reported data must be verified by a third party |
| Washington DC BEPS | Energy performance | The first compliance cycle ends December 31, 2026, with end-of-cycle benchmarking due May 1, 2027 |
| Energize Denver | Energy use intensity | Interim targets in 2025 and 2027 and final targets in 2030. Rules updated August 27, 2026 |
| Washington State Clean Buildings | Energy use intensity | The largest buildings, over 220,000 square feet, had to comply by June 1, 2026; smaller buildings phase in through 2028 |
| Building Performance Colorado | Performance targets for large buildings | The legislature removed penalties for the 2026 interim targets; the focus is now the 2030 targets |
| Maryland BEPS | Direct emissions and energy use, for buildings of 35,000 square feet and up | Benchmarking began in 2025, with third-party verification. Net-zero direct emissions by 2040. Hospitals were exempted in 2025, and Montgomery County buildings follow the county’s own program |
| St. Louis BEPS | Energy use intensity | Standards for the second cycle were set May 1, 2026. Buildings have until 2029, when the data must be verified |
For other cities and states, Facilities Dive keeps a map of building performance standards across the US.
What measured data does for compliance
A building performance standard is scored on the whole-building utility data. Measured data inside the building is what helps you get under the limit:
- Find where the energy goes. Submeters on the chiller plant, air handlers, lighting panels and process loads show which system drives the total, so the budget goes to the right measure.
- Check that a measure worked. Continuous data before and after a change shows its effect on the same building, months before the annual total arrives.
- Catch drift before the reporting year ends. Equipment that slips out of tune shows up in the readings in weeks, not in next year’s bill.
- Make verification quicker. Where a third party has to verify the data, a complete, time-stamped record can shorten the review.
Where Cognituv fits
Cognituv Connect adds electrical submeters and current sensors on the systems that drive a building’s total, reads existing utility meters through a meter pulse reader, and keeps every reading against a baseline agreed for your site. Connect can run on its own cellular gateway, so nothing joins the customer’s network.
Cognituv Grid works on the HVAC load at the source. Cooling coils foul over time, and a fouled coil moves less air and transfers less heat, so fans and chillers work harder for the same cooling. Grid keeps coils cleaner between cleanings with no chemicals, so they keep moving air and heat the way they were designed to, with fewer chemical cleanings and less rinse water along the way. Cognituv Connect measures coil pressure drop and energy use before and after, so the gain is measured, not assumed.
Frequently asked questions
Is the limit on energy or on emissions?
It depends on the program. New York’s Local Law 97, Boston’s BERDO and Maryland’s BEPS set emissions limits and charge by the tonne over them. Denver and Washington State set energy use intensity targets.
Can submeter data replace utility data for compliance?
No. Compliance reporting uses the building’s utility and whole-building meter data, usually entered in ENERGY STAR Portfolio Manager. Submeters show where the energy goes, so you know which system to fix and can show the fix worked.
What does third-party verification check?
That the reported energy data is complete and matches its sources. Boston, Maryland and St. Louis require it. Clean, continuous meter data can make it quicker.
Our city isn’t listed. Are we covered?
More cities and states are adding standards every year. Facilities Dive keeps a map of building performance standards across the US; check it and your local building department.
Program status checked November 10, 2026. Limits, fees and deadlines change: confirm with the program before you rely on any figure here. Nothing here is legal advice. Updated November 10, 2026.