The “Energy Performance for Buildings” Statute (House Bill 21-1286) passed the Colorado General Assembly on June 8, 2021, and went into effect on September 6, 2021. This law requires owners of large commercial, multifamily, and public buildings 50,000 square feet or more to annually benchmark their whole-building energy use to the Colorado Energy Office (CEO).

Building Performance Colorado (BPC) is a statewide program aimed at increasing energy efficiency and decreasing greenhouse gas (GHG) emissions in the building sector. The program was created as a result of the “Energy Performance For Buildings” Statute and is administered by the Colorado Energy Office (CEO). The goal of the BPC program is to help Colorado building owners understand and track energy use from large buildings and reduce GHG pollution economy-wide.

Benchmarking is simply the measurement and tracking of energy use in buildings, which helps building owners and tenants better understand how their building’s energy efficiency performance compares to similar buildings and identify opportunities to cut energy waste and save money.

If you own or manage a public, commercial, or multifamily building of at least 50,000 square feet, you are required to comply. Additionally, starting in 2026 buildings will be required to meet energy performance targets as part of Colorado's goal to reduce greenhouse gas emissions by 20% by 2030.

Your building may qualify for an exemption if any of the following apply:

• The covered building was unoccupied for at least 30 consecutive days of the data collection year

• A demolition permit was issued for the entire covered building

• The covered building met one or more of the conditions for financial hardship

• The covered building does not meet a qualifying utility's aggregation threshold, one or more of the utility customers refused to provide the owner with permission to access the utility customer's relevant energy use data, the owner provides proof to the office that it requested permission from the utility customer or utility customers withholding consent at least 30 days before the benchmarking report was due, and the owner submits a plan to include an energy-use data sharing permission provision in the next lease renewal

• The covered building has four or more utility customers, is not located within a qualifying utility's service territory, and is unable to get aggregated data from the utility that serves the covered building.

The city requires building owners to report their energy usage annually via the ENERGY STAR® Portfolio Manager tool by November 1st.

All energy utilities including electricity, natural gas, district energy, and any other purchased fuel type used to operate your building.

Penalties for benchmarking non-compliance will begin in 2024. A building owner that fails to meet the building performance standards by the targeted deadline is subject to a fine up to $2,000 for a first violation and up to $5,000 per month for each subsequent violation.

Building owners must report their energy usage data to EPA’s Portfolio Manager, a reporting tool that allows building owners to compare their building’s energy efficiency with similar buildings.

In order to comply with Building Performance Colorado, all building owners are required to pay an annual fee of $100 per covered building.

However:

• Touchstone IQ for Buildings is a fast, easy-to-use tool that integrates directly with EPA’s Portfolio Manager

• Touchstone IQ also offers expert-led benchmarking to building owners and managers looking for streamlined compliance and cost-saving recommendations

Many benchmarking ordinances require a Building ID as part of the report submission process. If needed, you may be able to find your Building ID number here.

Learn about the Colorado program and statute below:

• Colorado Energy Benchmarking Program

• Colorado Building Performance Knowledgebase

• Colorado's Energy Performance For Buildings Statute

• Colorado Building Performance Standards

• Colorado BPS Technical Guide

Certain cities in Colorado also have their own energy benchmarking programs that may require additional compliance for your large building. Learn more about the following requirements of each city below:

• Aspen

• Boulder

• Denver

• Fort Collins

Touchstone IQ for Buildings offers expert-led benchmarking and easy DIY tools for Colorado’s large properties. Simplify energy benchmarking compliance while gaining the tools to save money and build your energy intelligence with our exclusive software platform. Gain access to the nation's leading energy experts to ensure significant improvements in your energy usage for your commercial, multifamily, or public building. Our team has partnered with entities of all sizes to reduce their carbon footprint, reach ambitious targets, and comply with new regulations. Whether you're looking for comprehensive, step-by-step guidance to craft your energy management plan or a convenient, intuitive benchmarking solution, we've got you covered. Schedule your free personalized demo today or contact us for pricing or questions.