Berkeley
Policy Description:
Berkeley Energy Savings Ordinance (No. 7397) was adopted into law by unanimous consent on March 10, 2015. The ordinance will require energy assessments at time of sale for medium, small, and single family buildings, and will phase-in all buildings by building size and year, with the exception of single family homes (1 to 4 units). This energy and water efficiency information will provide Berkeley property owners and potential buyers with an efficiency road map tailored for their building and link them to valuable incentives and resources provided through utility rate-payer efficiency funds. The goal of BESO is to accelerate greenhouse gas emissions reductions to help owners meet their Climate Action goals, save money on utility bills, and improve occupant health and comfort. The current ordinances RECO and CECO (Residential Energy Conservation Ordinance, 1987 and Commercial Energy Conservation Ordinance, 1994) will be phased out as BESO takes full effect on December 1, 2015.
Relevant Links:
| Building Types Affected | Size | Compliance Deadline |
|---|---|---|
| Multi-Family, Non-Residential, Public/Government | Greater Than or Equal To 50,000 Sq. Feet | 2018-07-01 |
| Multi-Family, Non-Residential, Public/Government | Greater Than or Equal To 25,000 Sq. Feet | 2019-07-01 |
| Multi-Family, Non-Residential, Public/Government | Greater Than or Equal To 15,000 Sq. Feet | 2020-07-01 |
| Multi-Family, Non-Residential, Public/Government | Greater Than or Equal To 5,000 Sq. Feet | 2021-07-01 |
| Multi-Family, Non-Residential, Public/Government | Less Than 5,000 Sq. Feet | 2022-07-01 |
Exemptions:
Buildings that demonstrate effective and reasonably achievable level of efficiency, based on the specific building type, use, vintage, and condition, that supports the Berkeley Climate Action Plan (CAP) goal of 33% energy-related greenhouse gas reduction from 2000 levels by 2020 and 80% reduction by 2050. Qualified exemptions shall include, but are not limited to:
1. Any building that receives a Building Energy Score or Green Building Rating that demonstrates an effective and reasonable level of efficiency, as determined by the Administrator.
2. Any building that completes a multi-measure energy improvement project with a verified minimum improvement, as determined by Administrator.
3. Any whole building that has been served by an income-qualified Weatherization Assistance program for low-income households.
4. Any new building or Extensive Renovation with a construction completion date within ten years of the reporting deadline.
Any building which is subject to rent control in which all of the units, excluding any owner-occupied units, have leases that date prior to January 1, 1999, may be deferred until the next reporting period.
The requirement for an ENERGY STAR Performance Report and the requirement for an Energy Report may be deferred for up to one reporting cycle in cases of financial hardship.
Number of Buildings Affected:
257
Floor Area Affected:
13,700,000 Sq. Feet
Transparency:
Required Transparency:
Yes
Transparency Method:
Report to Recipient
Recipients:
Tenants, Buyers, Lessees
Transparency Trigger:
Point of Transaction
Frequency:
Annually
Transparency Trigger Events:
Purchase/sell (on demand), Rent (on demand)
Required Transparency:
Yes
Transparency Method:
Report to Recipient
Recipients:
Government
Transparency Trigger:
Date Certain
Frequency:
Annually
Reporting:
Required Reporting:
Yes
Reporting Trigger:
Date Certain
Reporting Frequency:
Annually
Required Reporting:
Yes
Reporting Trigger:
Time of Transaction
Reporting Trigger Events:
Purchase/sell (required), Rent (required)
Required Reporting:
Yes
Reporting Trigger:
Time of Transaction
Reporting Trigger Events:
Purchase/sell (required), Rent (required)
Utility Requirements/Support:
Utility Requirements/Support:
No
Verification:
Verification:
No
Compliance:
Compliance Enforcement:
Yes
Penalties for Non-Compliance:
Yes
Description:
Owners that fail to comply with the ordinance may be subject to a fine of $100 for each violation, and an additional fine of up to $25 for each day that the violation continues, up to a maximum of $1,000 per violation
Additional Program Information:
Audits:
Yes
Upon full implementation, all existing buildings in Berkeley, regardless of size, will be required to undergo an energy audit at the time of sale or within certain time intervals as specified in the ordinance, whichever comes first.
Large commercial, multifamily, and mixed-use buildings over 25,000 square feet will be required to report a performance benchmarking score or energy use intensity score annually while conducting and sharing an energy audit every five years or at the time of sale.
For medium commercial, multifamily, and mixed-use buildings between 5,000 square feet and 24,999 square feet, energy audits must be conducted every eight years or at the time of sale, and for buildings of this type under 5,000 square feet, an energy audit is required every 10 years or at the time of sale.
Performance Exemptions:
Certification of high performance;
Completion of a multi-measure energy project;
Newly built or renovated within prior 10 years
Water Use Tracking:
Yes