BOMA California Legislative Update - AB 1103 Benchmarking Enforcement Delayed Until September 1, 2013

UPDATE - June 14, 2013

Regarding AB 1103 (Mandatory Benchmarking), please review the notification, below, from the California Energy Commission stating that the regulations will not be enforced until September 1, 2013, due to Energy Star system maintenance.


The ENERGY STAR Portfolio Manager (Portfolio Manager) will be unavailable for public use during a planned upgrade to the system between June 24 and July 9, 2013.

Additionally, several California Investor Owned Utilities have indicated that they will not be able to upload energy use data to owners’ Portfolio Manager accounts under section 1684(b) of the regulations for an additional two weeks after Portfolio Manager is back online.

This coincides with the implementation date of Assembly Bill #1103, the Nonresidential Building Energy Use Disclosure regulations (California Code of Regulations, Title 20, §1680 et seq).

The California Energy Commission will suspend enforcement of these regulations until August 1, 2013 because of the unavailability of Portfolio Manager. In the interim, the Energy Commission encourages nonresidential building owners to disclose the required information to prospective buyers, lessees, and lenders to the extent feasible. For recommendations on how to comply with the regulations while Portfolio Manager is unavailable, please review the Frequently Asked Questions.

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Original Post - May 13, 2013

AB 1103 Benchmarking Resources

BOMA California has been working on the The Nonresidential Building Energy Use Disclosure Program (AB 1103) for over five years.  The mandatory Energy Star disclosure law commences this summer.

The effective date of the regulations is July 1, 2013 for large buildings (more than 50,000 square feet); January 1, 2014 for medium buildings (more than 10,000, and up to 50,000 square feet); and July 1, 2014 for small buildings (5,000 up to 10,000 square feet).

Anytime you finance, sell, or lease a whole building, you are required to run the Energy Star numbers and provide that information to the other party in the transaction as well as the California Energy Commission (CEC).

The Energy Commission staff is working to provide online resources to help you comply with this new law. Here are several items you can find already online:

• Final AB 1103 Regulations 
• AB 1103 Disclosure Summary Sheet
• Sample Statement of Energy Performance
• Sample Data Checklist
• Sample Facility Summary

The Energy Commission is also working on a FAQ document and requests BOMA member input. If, after reading through the materials, you are unclear on how to comply with the law, or if there are lingering questions, please email mhargrove@cbpa.com and your comments will be submitted to the CEC.

BOMA California thanks the staff at the CEC for working with our industry to address issues and resolve concerns throughout this process. They will continue to work with them as they move forward and are implemented.