Regarding AB 1103 (Mandatory Benchmarking), please review the notification, below, from the California Energy Commission stating that the regulations will not be enforced until January 1, 2014.
The California Energy Commission is suspending the enforcement of AB 1103 regulations from September 1, 2013 to January 1, 2014. The Nonresidential Building Energy Use Disclosure Program (AB 1103) regulations, under certain circumstances, require nonresidential building owners to disclose benchmarking data to potential buyers, lessees and financiers.
The Data Transfer interface on ENERGY STAR Portfolio Manager, which was updated during the month of July, and was expected to allow the regulation to be fully operational by September 1, continues to have technical issues that have prevented several Utilities from uploading energy use data to Portfolio Manager Accounts as required under Section 1684(b) of the regulations.
On January 1, 2014, all aspects of the regulations, including disclosure requirements for commercial buildings greater than or equal to 10,000 square feet, will be enforced.
If you have questions, or would like additional information on the status of AB 1103 compliance, please email AB1103@energy.ca.gov, or contact Daniel Johnson at (916) 651-3746 or Daniel.Johnson@energy.ca.gov
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.
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
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.