AN ACT RELATING TO HEALTH AND SAFETY -- BUILDING BENCHMARKING AND REPORTING ACT OF 2026 (Establishes a program for the energy and water benchmarking of large buildings in Rhode Island and a standard for their energy performance.)

S2260

2026 -- S 2260
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LC004068
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO HEALTH AND SAFETY -- BUILDING BENCHMARKING AND
REPORTING ACT OF 2026

Introduced By:
Senators Kallman, Britto, DiMario, Gu, Valverde, Lauria, Euer, Vargas,
Urso, and Mack

Date Introduced:
January 23, 2026

Referred To:
Senate Housing & Municipal Government
It is enacted by the General Assembly as follows:
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SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby
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amended by adding thereto the following chapter:
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CHAPTER 27.5
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BUILDING BENCHMARKING AND REPORTING ACT OF 2026
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23-27.5-1. Definitions.

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As used in this chapter:
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(1) “Benchmarking information” means information generated by the benchmarking tool
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as herein defined, including information about the physical property and its operational
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characteristics. The information shall include, but need not be limited to:
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(i) Property address;
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(ii) Primary use type;
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(iii) Gross floor area;
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(iv) Annual energy use;
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(v) Source energy use intensity (EUI); site EUI, weather normalized source EUI, and
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weather normalized site EUI;
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(vi) Annual greenhouse gas emissions; and
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(vii) Compliance or noncompliance with this statute.
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(2) “Benchmarking tool” means ENERGY STAR portfolio manager, the internet-based

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tool developed and maintained by the U.S. Environmental Protection Agency (U.S. EPA) to track
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and assess the relative energy performance of buildings nationwide. Should ENERGY STAR
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Portfolio Manager become unavailable for any reporting year(s), the reporting obligations herein
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shall be suspended until such time it is again available or a comparable alternative is designated by
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the office of energy resources ("OER").
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(3) “Campus” means two (2) or more buildings that are served by shared utility services
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and predominantly used for health care, research or higher education purposes.
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(4) “Covered property” means all residential and non-residential buildings and campuses
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containing twenty-five thousand (25,000) or more gross square feet defined herein and identified
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by the relevant municipal tax assessor's database.
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(5) “Dwelling unit” means a single residential unit consisting of one or more rooms,
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occupied or arranged to be occupied as a residential unit separate from all other residential units
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within a building, and used primarily for residential purposes and not primarily for professional or
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commercial purposes.
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(6) “Energy” means electricity, natural gas, steam, hot or chilled water, heating oil, or other
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product for use in a building, or renewable electricity generation, for purposes of providing heating,
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cooling, lighting, water heating, or for powering or fueling other end-uses in the building and
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related facilities.
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(7) “ENERGY STAR” means the U.S. Environmental Protection Agency program related
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to improving energy efficiency in buildings and products.
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(8) “Gross square feet” means the gross floor area of the property as defined by the U.S.
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EPA portfolio manager.
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(9) “Owner” means:
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(i) An individual or entity designated in the records of the local municipal tax assessor as
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the owner of a covered property;
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(ii) An agent authorized by law to act on behalf of the owner of a covered property;
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(iii) In the case of a condominium, the person or persons authorized by law to act on behalf
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of the condominium association or its board of directors, managers or trustees; and/or
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(iv) In the case of a cooperative, the person or persons authorized by law to act on behalf
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of the cooperative.
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(10) “Site energy” means the annual amount of all the energy each property consumes
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onsite, regardless of the source. It not only includes energy purchased from a utility or in bulk, but
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also renewable energy generated and consumed onsite such as from solar or wind (excess
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renewable energy generated onsite is excluded from site energy use). Site energy can be used to

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understand how the energy use for an individual property has changed over time.
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(11) “Source energy” means the total amount of raw fuel that is required to operate the
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property. Source EUI ("energy use intensity") is source energy divided by the property's gross floor
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area. In addition to what the property consumes onsite, source energy includes losses that take place
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during generation, transmission, and distribution of the energy, thereby enabling a complete
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assessment of energy consumption resulting from building operations. Source energy shall be used
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to understand the complete energy impact of each property and compare the energy performance
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across covered properties in the program.
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(12) "Tenant" means a person or entity leasing, occupying or holding over possession of a
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covered property or municipal property.
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(13) "Utility" means an entity that distributes, supplies, or transmits energy to covered
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properties.
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23-27.5-2. Establishment.

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There is hereby established a building energy reporting program for covered properties.
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The office of energy resources ("OER"), established pursuant to the provisions of § 42-140-2, shall
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be responsible for reporting this information to the public in order to provide transparency to the
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marketplace.
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23-27.5-3. Benchmarking required for covered properties.

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(a) Owners of covered properties shall input annual energy use from January 1 through
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December 31 of the previous calendar year and all other descriptive information required by the
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benchmarking tool, into the benchmarking tool, according to the following schedule:
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(1) For buildings that contain fifty thousand (50,000) or more gross square feet, no later
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than May 15, 2028 and by every May 15 thereafter; and
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(2) For buildings that contain twenty-five thousand (25,000) to forty-nine thousand, nine
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hundred ninety-nine (49,999) gross square feet, no later than May 15, 2030, and by every May 15
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thereafter.
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(b) Following the receipt of a certificate of occupancy, a new covered property that has not
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yet accumulated twelve (12) months of energy use data by the first applicable reporting deadline
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shall comply with building energy benchmarking reporting requirements herein beginning May 15
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following the first full calendar year of building occupancy.
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23-27.5-4. Notification of covered properties.

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(a) Between September 15 and December 15 of each year, beginning in 2027, the OER
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shall notify owners of covered properties of their obligation to input energy use into the
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benchmarking tool. By January 31 of each year beginning in 2028, the OER shall post a list of the

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addresses of covered properties. The list shall be published on the OER’s webpage.
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(b) The OER shall host an annual online information session for building owners to provide
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information about updated policies and procedures, as well as provide information related to the
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provisions of this program.
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(c) In 2026, 2027, 2028, and 2029, in anticipation of expanding requirements under this
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section, the OER shall host multiple information sessions for building owners, municipalities and
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other interested parties. These may be held through organizations such as the league of cities and
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towns or other associations, as may be helpful to conduct outreach to interested parties.
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23-27.5-5. Exemptions.

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(a) An owner of an otherwise "covered property" may seek an exemption from the
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requirements of this chapter for a reporting year if any of the following conditions apply:
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(1) None of the property was occupied for the entire calendar year required to be
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benchmarked;
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(2) A demolition permit for the entire property was issued and demolition work
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commenced during the calendar year; or
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(3) The property did not receive energy services for the entire calendar year required to be
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benchmarked.
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(b) Applications for exceptions can be filed with the commissioner of the OER, using a
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form created by the OER, and with all relevant supporting documentation included and notarized
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prior to submission. Waivers shall be granted or denied at the discretion of the commissioner of the
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OER.
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23-27.5-6. Provision and publication of benchmarking information.

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(a) Owners shall annually provide benchmarking information to the OER, in such form as
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established by the OER, by the date provided by the schedule in § 23-27.5-3.
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(b) No later than December 31, 2027, and thereafter by December 31 of each year, the OER
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shall deliver a summary report on the program to the general assembly and then publish the report
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on the OER's webpage. The report shall include, but not be limited to:
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(1) Benchmarking information for each covered property, as defined in § 23-27.5-1, for the
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current year;
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(2) Progress against baseline year data from intervening years for both energy use and
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greenhouse gas emissions; and
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(3) Covered properties' compliance status with the energy assessment or actions
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requirements described in this chapter.
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23-27.5-7. Direct upload.

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Owners of covered properties may authorize an energy utility or other third party to report
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building-specific energy data on their behalf to the OER. Such authorization shall not remove the
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obligation of property owners to comply with reporting requirements.
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23-27.5-8. Municipal implementation of building energy benchmarking
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requirements.

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In the case of a municipality that has initiated a comparable building energy benchmarking
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requirement prior to the enactment of this chapter, the municipality may continue the program in
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lieu of the benchmarking requirements to be established by the OER. In such case, the municipality
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shall notify the OER of such intent within one hundred eighty (180) days of the enactment of this
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chapter and shall provide benchmarking data annually thereafter.
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23-27.5-9. Enforcement.

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(a) The OER shall develop a series of incentives for participation in the benchmarking
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program which may include:
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(1) Participation required prior to applying for available grant funding from the OER, or
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grants from any state agency or the RI infrastructure bank that are directed towards supporting
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building benchmarking and decarbonization efforts;
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(2) Participation certification in public forums, websites, and a logo that may be displayed
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on a building’s website and/or front door; and
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(3) Other incentives that the OER may develop through regulation.
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(b) The OER may promulgate rules and regulation to carry out the purposes of this chapter
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to include, enforcement mechanisms that may include escalating warnings and fines that may be
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imposed no earlier than May 15, 2031.
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23-27.5-10. Severability.

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If any provision of this chapter shall be held to be invalid by a court of competent
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jurisdiction, then such provision shall be considered separately and apart from the remaining
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provisions, which shall remain in full force and effect.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HEALTH AND SAFETY -- BUILDING BENCHMARKING AND
REPORTING ACT OF 2026
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This act would establish a building energy reporting program for covered residential,
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nonresidential properties and campuses containing twenty-five thousand (25,000) or more gross
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square feet. The office of energy resources (OER) shall be responsible for reporting this information
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to the public in order to provide transparency to the marketplace.
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This act would take effect upon passage.
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