Building owners that fail to demonstrate complete implementation of the energy performance requirements of a Compliance Pathway by the end of the Compliance Cycle must pay an alternative compliance penalty. The maximum penalty amount is based on the gross floor area of the building and is adjusted proportionally based on the building or campus’ actual performance relative to its Pathway target.
The maximum penalty for buildings is $10 per each square foot of gross floor area and no greater than $7,500,000.
*See the Guidebook for more details on the adjustment factors for each Pathway.
Additionally, any building owner that knowingly withholds information, submits inaccurate information, knowingly implements an energy efficiency measure that reduces indoor environmental quality, or implements any other energy efficiency measure that poses a threat to the health and safety of a building occupant or user may be subject to assessment of the maximum alternative compliance penalty regardless of the building’s performance relative to its Pathway target.