Forsa Technologies

The Rise of Greenhouse Gas Laws in the United States

2026 Report

High-rise view overlooking Central Park and New York skyscrapers under a clear blue sky.

Photo by Louis on Pexels

Photo by Louis on Pexels

Executive Summary

Over the past 10 years numerous cities across the United States have drastically increased greenhouse gas emissions laws. This regulatory shift will continue to accelerate in the future.

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Forsa Technologies is pleased to present this report on how rising greenhouse gas laws are transforming the commercial real estate industry.

The rise in greenhouse gas laws in the United States has drastically increased over the past decade. Due to these laws, by 2030, an estimated 196,187 buildings will be out of compliance, representing ~$8.2B in fines. These purpose of these laws is to tackle the issues of global warming and the reduction of energy consumption. However, despite an expected 40-50 cities across the US enforcing some kind of building performance standard, most commercial buildings are facing a growing challenge in complying with these laws. This presents challenges for all stakeholders involved in this process.

This report will go over the historical picture, the contemporary urgency, a city-wide map, projected penalties, and the actions stakeholders can take.

This report serves as useful information for owners developers, investors, operators, legislators and researchers.

Brendan Cleary – Founder

Historical Picture

Aerial view of Los Angeles City Hall with the city skyline in the background.

1970s Oil Crisis

Energy efficiency and sustainable building design were unheard of ideas for a long time. The idea of energy efficiency and other concepts only came to prominence around the 1970s. In the 70s, the United States faced a severe energy crisis. Unlike today, the US was heavily reliant on the Middle East for oil back then. After OPEC placed an embargo on the US, an energy crisis erupted in the sector that consumes the most energy: commercial buildings. New research and a motivation for energy efficiency started to take hold in universities and businesses. This rise gave birth to a new standard and laid the groundwork for green buildings that we see today (Carla, 2010).

Global Warming Awareness 1980-2000s

From the late '80s onward, scientists and researchers began to notice the shift in global warming. In 1997, the UN signed the Kyoto Protocol, which was the first binding international emissions reduction goal. Throughout the 1990s and 2000s, mounting scientific evidence, including reports from the Intergovernmental Panel on Climate Change (IPCC), increased public and political awareness. High-profile events and new research brought climate change into the mainstream conversation and made it a growing political issue. This growing awareness gradually shifted the conversation from pure energy efficiency (saving costs) toward reducing greenhouse gas emissions as a core environmental priority for ESG standards.

Certifications & Regulations 90-2000s

By the 2010s, green building certifications and energy efficiency metrics, took hold such as LEED, ENERGY STAR, and Green Globes. These programs encouraged energy efficiency and sustainable design, but remained optional. Since the beginning of these certifications, their use has grown tremendously and has become commonplace in new buildings.

Aggressive emissions reductions goals 2010s-Present

Starting around 2015–2019, local governments (particularly cities) implemented increasingly aggressive emissions reduction goals. This new wave of policies shifted the industry from “encouraged improvement” to “required compliance,” with clear targets, reporting requirements, and financial penalties for buildings that failed to meet greenhouse gas reduction standards. Many cities have enacted laws with "net zero" goals that aim to help the city be carbon neutral by a certain year. However, achieving this remains a difficult task and an increasingly divisive political issue. For example, it's estimated that Local Law 97 in New York will force nearly 46% of eligible commercial properties to be out of compliance, resulting in millions in fines. Some owners and investors see this law as an effective tax aimed at addressing the city's financial difficulty, rather than an environmental law with true motivations. However, other cities such as Boston, San Francisco, Washington D.C., and others are also implementing their own forms of carbon caps for commercial buildings. What began as certifications for top performers evolved into enforceable building performance laws designed to drive widespread decarbonization across the commercial real estate sector.

The Growing Urgency

Global Warming

Scientific knowledge of global warming has changed from a growing worry to a huge deal that's impacting businesses. Buildings are one of the biggest contributors to greenhouse gas emissions, accounting for over 37% worldwide, according to landmark IPCC studies, international accords like the Kyoto Protocol and Paris Agreement, and rising public awareness (UNEP, 2023). Significant decarbonization in the built environment lagged well behind the science, despite decades of knowledge. As a result, emissions from residential and commercial structures kept increasing, giving rise to the current pressing issue. Since construction and operations of commercial buildings contribute some of the most to carbon emissions, this sector is in the crosshairs of legislators and environmental groups trying to tackle this issue.

Silhouette of a high voltage power transmission tower against a cloudy sky.

Energy Volatility

Energy markets have grown increasingly unstable due to geopolitical conflicts, supply disruptions, and have accelerated the shift away from traditional fuels. Major price spikes, such as those experienced in 2022 and 2026, highlight how vulnerable building owners are to unpredictable utility costs. For commercial property portfolios, energy expenses often rank among the top three operating costs. This volatility transforms energy efficiency from a nice-to-have sustainability feature into a critical financial risk management strategy for protecting margins and long-term profitability.

The Fossil Fuel Ecosystem

There are four big problems with a city or country that continues to rely on fossil fuels. Perhaps the biggest reason is the cost. The cost of solar energy alone has decrease by 99.6% since the 1970s (Roser, 2020). The cost of other clean energy sources have also drastically fallen over time. At the same time, the cost of extracting and producing fossil fuels has stayed the same. Secondly, the utilization of clean energy is usually region-specific. For a country that prioritizes autarky in a world of global energy shocks, this is especially important. Many countries are turning to clean energy, because it's not as susceptible to geopolitical shocks that are associated with the scramble for fossil fuels. The Russia-Ukraine War and the Iran War have highlighted the difficulty economies can face by being heavily reliant on these resources. Finally, fossil fuels are a finite resource. Current estimates say the world's current reserves of fossil fuels would last ~50 years (Energy Institute, 2025). Adjusting for new technologies and the discovery of new reserves, an aggressive case could be made for ~80 years. However, no matter how you slice it, the world's energy is reliant upon a collection of resources that will be gone in this century; the question that comes next is, where will we get our energy, and how can we transition?

US City GHG Regulations

Greenhouse Gas Regulations for Commercial Buildings in the United States

New York City

Empire State Building, New York City during daytime

New York City has the most progressive GHG laws in America. New York currently has two main regulations forcing this change:

Local Law 97: LL97 establishes mandatory GHG emissions limits with penalties of 268 dollars per ton of excess carbon. LL87, passed in 2009, mandates that buildings over 50,000 square feet undergo detailed energy audits and retro-commissioning every ten years to improve operational efficiency.

Local Law 87: Requires buildings over 50,000 square feet to complete detailed energy audits and retro-commissioning studies every ten years. These assessments identify energy-saving opportunities and ensure major building systems are operating efficiently. Owners must submit a formal Energy Efficiency Report to the Department of Buildings based on a staggered schedule determined by the building’s tax block number.

Boston

a body of water with a bunch of boats in it

Boston enacted BERDO 2.0 in 2021 and is one of the strongest building performance programs in the U.S. It requires both annual energy/water reporting and progressively stricter greenhouse gas emissions limits, pushing buildings toward net-zero by 2050. It is similar in spirit to NYC’s LL97 but with slightly different timelines and penalty structures. Compliance pressure is rising quickly in 2026 as more buildings enter the first full emissions standards cycle.

Washington D.C.

Vibrant street scene in Washington DC with a clear view of the US Capitol against a busy urban backdrop.

Washington D.C. enacted the Building Energy Performance Standard (BEPS) in 2018, and the program officially launched compliance requirements in 2021, starting with larger buildings.

St. Louis

the st louis arch is lit up at night

St. Louis's Building Energy Performance Standard (BEPS) sets requirements for large buildings in the city to reduce their energy consumption. This law was enacted in 2020.

Denver

A vibrant street scene in Denver showcasing tall buildings and a blurred car, capturing city life motion.

Denver enacted it's regulation The Energize Denver Building Ordinance Policy, in 2021. This regulation aims to significantly reduce energy use in the city's buildings (30-45%).

San Francisco

a view of the golden gate bridge in san francisco

San Francisco enacted the Existing Building Energy Performance Ordinance (EBEPO) in 2011. This law focuses on transparency and planning rather than hard GHG caps with heavy penalties. It requires annual energy reporting plus a deep efficiency or decarbonization study every five years. The city is currently developing a stricter Building Performance Standard (BPS) focused on direct GHG reductions, expected to be adopted in 2026.

Seattle

Iconic Space Needle with Seattle skyline in the background on a clear day.

Seattle enacted the Building Energy Performance Standard (BEPS) is one of the most ambitious city-level programs in the U.S. It requires buildings to meet progressively lower greenhouse gas intensity targets every five years, with the ultimate goal of net-zero emissions. It is more aggressive on direct GHG reductions than programs focused only on energy efficiency (EUI).

20 Total Cities across the US have implemented strict building performance standards.

Around 40 U.S. cities have implemented or committed to some form of building performance standards, with the majority of these policies adopted or strengthened in the last 5 years (Torres, 2024).

U.S. Penalty Proj.

aerial view of city buildings during daytime

Photo by Leo_Visions on Unsplash

Photo by Leo_Visions on Unsplash

By 2030, an estimated 196,187 buildings in the U.S. will be out of compliance with local energy regulations; representing ~8.2B in fines.

2026 ($)

2030 ($)

Buildings under regulations

80,000

456,250

% of buildings of covered buildings out of compliance

15%

43%

Estimated # of Buildings out of compliance

12,000

196,187

Avg. Fine Amt.

25,000

42,000

Cumulative Fine Amount ($)

540M

8.2B

Estimates based on publicly available data from active BPS programs, including NYC Local Law 97, Boston's BERDO 2.0, Washington D.C.'s BEPS, and state-level programs in California, Colorado, Washington, Maryland, and Oregon. Estimation methods for this table was extrapolated from New York's LL97 and should thus be approached with caution. From New York City data, roughly 5% of buildings in a city will be covered under city GHG laws. Of those covered, around 43% will be out of compliant by 2030. 46 total cities were used for this estimation. Figures represent annual fine exposure, not lifetime costs. Actual outcomes will vary based on enforcement pace, retrofit activity, and policy adoption.

What can be done?

Energy Retrofitting

The principal way of reducing or complying with these regulations is through a process known as energy retrofitting. This involves upgrading existing buildings with energy-efficient technologies and systems to reduce operational carbon emissions, lower energy costs, and meet increasingly strict regulatory requirements. A typical energy retrofit aims to reduce energy consumption by 15-25%. Deep energy retrofits, which are more comprehensive and often involve complete renovations, reduce energy consumption by 40-60%.

Despite many contractors willing to help owners reduce their costs, the path towards achieving this remains challenging. The cost of a building undergoing a retrofit often does not justify the savings and compliance it will bring. Being able to quickly understand the return on investment and cost is crucial to making effective decisions. However, as this process becomes streamlined and more efficient with technology, the ROI case for retrofitting will continue to improve. In 2009, the Empire State Building underwent a deep energy retrofit and was able to achieve a 38% reduction in energy use, annual savings of approximately $4.4 million, and an incremental payback period of just three years (Harrington & Carmichael, 2009). This shows that with efficient and effective processes, retrofits can justify the bottom line.

Sustainable Building Design & Development

In order for buildings to never have to worry about retrofitting or meeting other energy requirements, this portion can be done in the design and development phase. This presents a much easier solution that is far more cost-effective. Around 70% the dynamics of the energy efficiency comes from the design and development of the building (Carla, 2010). For developers and investors alike, investing in architects and engineers who make this a priority justifies this at a financial level. One of the certifications that can be important to look at is the LEED Building Design + Construction (BD+C), which is shown to be very effective. Other certifications include: ENERGY STAR, or Passive House; optimizing building orientation and passive design strategies; selecting low-carbon materials; integrating high-performance mechanical systems; and planning for future adaptability and resilience.

low angle photography of building

How Forsa Can Help

Actionable Analytics & Information

Our platform gives real estate stakeholders instant access to the local building regulations, their compliance status, retrofit cost, and more. We allow owners to create a portfolio of buildings to model their energy consumption and adjust accordingly. With regulations tightening, energy costs fluctuating, and the financial risks of inaction growing rapidly, building owners and investors can no longer afford to rely on outdated approaches or fragmented tools. Forsa delivers a comprehensive platform purpose-built for this moment. It combines intelligent compliance tracking, accurate retrofit modeling, cost forecasting, performance benchmarking, and actionable decarbonization pathways in one easy-to-use solution.

Personalized Consulting

Whether you own a single asset or manage a large portfolio, Forsa helps you identify the highest ROI opportunities, prioritize investments, reduce energy costs, avoid massive fines, and increase long term property values. Our tools give you the clarity and confidence to make smart, data-driven decisions that protect your returns while advancing your sustainability goals.

Contractor & Financing Facilitation

Our team has contacts with contractors that helps you to compare costs of a retrofit project amongst a wide variety of contractors. We utilize our experience in modeling to create the most accurate cost estimations of projects that is timely, and accurate. Additionally, we provide the transition to contractors to begin work at a moment's notice, as well as attractive financing to do so.

Forsa supports owners and developers by providing performance modeling, compliance pathway analysis, and decision-support tools that help balance sustainability goals with financial returns, resulting in healthier, more valuable, and future-proof buildings.

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Thank you for your interest in Forsa.

Our mission is to help commercial real estate stakeholders transition to a clean and energy efficient future.

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Get started with our platform today and see the results for yourself.

References

Carla, J. (2010). The Environmental Performance of Tall Buildings. Routledge.

Energy Institute. (2025). Home. Statistical Review of World Energy. https://www.energyinst.org/statistical-review?utm_source

Harrington, E., & Carmichael, C. (2009). Project Case Study: Empire State Building Overview Section. https://rmi.org/wp-content/uploads/2017/04/Buildings_Retrofit_EmpireStateBuilding_CaseStudy_2009.pdf

Roser, M. (2020, December 1). Why did renewables become so cheap so fast? Our World in Data; Our World in Data. https://ourworldindata.org/cheap-renewables-growth

Torres, P. (2024, July 15). Future-proof your investments. Jll.com. https://www.jll.com/en-us/insights/future-proof-your-investments

UNEP. (2023, September 12). Building Materials And The Climate: Constructing A New Future. UNEP - UN Environment Programme. https://www.unep.org/resources/report/building-materials-and-climate-constructing-new-future

building beside body of water during night time