Earlier editions: 2026-09
Title 17 — BUILDINGS AND CONSTRUCTION›Chapter 17.85 — CITY OF SAN JOSÉ ENERGY AND WATER BUILDING PERFORMANCE ORDINANCE
San Jose Municipal Code Part 5 General Provisions
San Jose Municipal Code · 2026-10 edition · updated 2026-10-04 · San Jose
Cite as: San Jose Municipal Code Part 5 · Text as of 2026-10-04
17.85.500 - Record maintenance.¶
The Owner shall maintain records related to Benchmarking, Audits and Retro-Commissioning, and Efficiency Improvement Measures including, but not limited to, the Energy and water bills and reports or forms received from tenants and/or utilities. Such records shall be preserved for a period of five (5) years. When the Property is sold, copies of the records shall be given to the new Owner.
(Ord. 30197.)
17.85.510 - Schedule for benchmarking report compliance.¶
An annual Benchmarking Report in compliance with Part 3 together with the fees as established by resolution of Council shall be submitted to the Department according to the following schedule:
A. For Properties owned by the City with gross floor area of fifteen thousand (15,000) square feet or more, the Owner must complete and submit the initial Benchmarking Report on or before May 1, 2019, and annually no later than May 1 thereafter.
B. For a privately-owned Property with gross floor area of fifty thousand (50,000) square feet or more, the Owner must complete and submit the initial Benchmarking Report on or before May 1, 2019, and annually no later than May 1 thereafter.
C. For a privately-owned Property with gross floor area equal to or greater than twenty thousand (20,000) square feet but less than fifty thousand (50,000) square feet, the Owner must complete and submit the initial Benchmarking Report on or before May 1, 2020, and annually no later than May 1 thereafter.
(Ords. 30197, 30550.)
17.85.520 - Schedule for performance, audit, retro-commissioning, or efficiency…¶
Compliance with Part 4 shall be due once every five (5) years, as set forth below based on the last number of the Santa Clara County Tax Assessor's Parcel Number for each Property subject to this Chapter under Section 17.85.120.
Properties ≥ 50,000 square feet
| Last digit of APN | First compliance due date | Subsequent compliance due dates |
|---|---|---|
| 0 | May 1, 2023 | Every five years thereafter |
| 1 | May 1, 2023 | Every five years thereafter |
| 2 | May 1, 2024 | Every five years thereafter |
| 3 | May 1, 2024 | Every five years thereafter |
| 4 | May 1, 2025 | Every five years thereafter |
| 5 | May 1, 2025 | Every five years thereafter |
| 6 | May 1, 2026 | Every five years thereafter |
| 7 | May 1, 2026 | Every five years thereafter |
| 8 | May 1, 2027 | Every five years thereafter |
| 9 | May 1, 2027 | Every five years thereafter |
Properties 20,000 square feet - 49,999 square feet
| Last digit of APN | First compliance due date | Subsequent compliance due dates |
|---|---|---|
| 0 | May 1, 2024 | Every five years thereafter |
| 1 | May 1, 2024 | Every five years thereafter |
| 2 | May 1, 2025 | Every five years thereafter |
| 3 | May 1, 2025 | Every five years thereafter |
| 4 | May 1, 2026 | Every five years thereafter |
| 5 | May 1, 2026 | Every five years thereafter |
| 6 | May 1, 2027 | Every five years thereafter |
| 7 | May 1, 2027 | Every five years thereafter |
| 8 | May 1, 2028 | Every five years thereafter |
| 9 | May 1, 2028 | Every five years thereafter |
(Ords. 30197, 30550.)
17.85.530 - Timing of Audit, Retro-Commissioning, and Efficiency Improvement Measures.¶
Except as otherwise provided in Section 17.85.540, the Audits and Retro-Commissioning and Efficiency Improvement Measures shall be completed no earlier than five (5) years prior to a Property's compliance due date.
(Ord. 30197.)
17.85.540 - Time Extensions.¶
The Director of the Department may grant an extension of time of up to sixty (60) days to file any submittal required by this Chapter. The Director of the Department may grant an additional extension up to one hundred eighty (180) days upon an application based upon a showing of substantial hardship. The Director of the Department may grant additional time extensions under exceptional circumstances including that the use or occupancy of the Property has been impacted by local, state, or federal regulation or order without fault of the Property owner.
(Ords. 30197, 30550.)
17.85.550 - Non-compliance Unlawful; Penalty for Violations.¶
It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Chapter, and each and every violation shall constitute a separate violation each day for ongoing violations and shall be subject to the remedies and enforcement measures authorized by this Code.
(Ord. 30197.)
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