BOMA California Legislative Update - AB 1103 Benchmarking Webinar on August 29, 2013

UPDATE - August 19, 2013

BOMA California will be hosting a webinar on August 29, 2013 to assist BOMA members comprehend the policy issues related to AB 1103 - The Mandatory Benchmarking and Disclosure Law.  A representative from the California Energy Commission will detail the requirements of the law, and a member from BOMA San Francisco's commercial real estate industry who is implementing the new policy.

Please pre-register for the webinar by following the link below – space is limited and due to high demand we expect this webinar to fill quickly.

AB 1103 - California Mandatory Benchmarking Implementation Webinar

Thursday, August 29, 3:00 p.m.

Presenters include:

Matthew Hargrove, Sr. VP Government Relations, CBPA;

Joe Loyer, Mechanical Engineer, Energy Efficiency and Renewable Division with the California Energy Commission;

Zach Brown, Sustainability Manager, CBRE | Asset Services Group

Click here to register.

The Energy Commission has released a FAQ to help with some queries regarding how to comply with the law. Click here to see the AB 1103 FAQ.

BOMA California thanks the Energy Commission members and staff for working with the commercial real estate industry to address issues raised and resolve our members' concerns throughout this process.

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UPDATE - August 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 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.  

We apologize for any confusion or inconvenience this additional delay may cause.

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

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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.