DATE: March 9, 2026
TO: Council Sustainability Committee
FROM: Director of Public Works
SUBJECT
Title
Building Performance Standard Model Ordinance
End
RECOMMENDATION
Recommendation
That the Council Sustainability Committee (CSC) receives this report on Building Performance Standards (BPS) and provides direction and feedback to staff on further exploration of a local BPS ordinance.
End
SUMMARY
Building Performance Standards (BPS) require existing buildings to meet minimum targets for energy efficiency, water use, and/or greenhouse gas (GHG) emissions over time. Unlike traditional building codes that focus on new construction, BPS policies target existing buildings-particularly larger commercial and multifamily properties that account for a disproportionate share of energy use and emissions. Benchmarking and the exploration of Building Performance Standards are also identified as building electrification actions in Hayward’s Climate Action Plan (CAP).
The State of California has already laid the groundwork for BPS through AB 802, which since 2016 has required buildings over 50,000 square feet to annually report on energy use using the EPA’s ENERGY STAR Portfolio Manager. The reporting program is known as the Building Energy Benchmarking Program and is managed by the California Energy Commission. Building on the reporting requirements of AB 802, SB 48 (passed in 2023) directs the State to develop the framework and enforcement mechanisms for a statewide BPS that would include performance targets for buildings over 50,000 square feet. A draft strategy report is expected in early 2026.
To support local BPS programs that seek to go beyond the state requirements, the U.S. Green Building Council’s California Building Performance Standards Coalition (CalBPS) has developed a model ordinance for buildings with 20,000 square feet or more. The model ordinance emphasizes benchmarking, public reporting, equity, phased compliance, and flexibility.
This staff report examines how a BPS ordinance could be implemented in Hayward and identifies key considerations for future policy development. Staff is seeking Committee Member feedback on two options for next steps:
1) Continue to actively explore a Hayward-specific ordinance for buildings of 20,000 square feet or more, including engaging building owners and managers in the near term, or
2) Wait for the State’s Building Energy Performance Strategy to be released and revisit local action in the fall of 2026.
ATTACHMENTS
Attachment I Staff Report
Attachment II Case Studies of BPS Retrofits
Attachment III CalBPS PLC Model Ordinance Draft #1 Overview