California
BACKGROUND
On Oct. 12, 2007, California Governor Arnold Schwarzenegger signed into law Assembly Bill 1103 requiring ENERGY STAR rating and disclosure, and the automatic uploading of energy bill information by utilities into ENERGY STAR software. The bill was one of seven environmental bills signed that day by the Governor.
KEY PROVISIONS
AB 1103 requires owners of nonresidential buildings to rate their buildings using ENERGY STAR software and disclose that information to prospective buyers, lessees and lenders prior to the closing of a transaction. Utilities are required, at the request of a building owner, to automatically upload energy consumption information for a building into ENERGY STAR software.
Rulemaking for AB 1103 is ongoing through the California Energy Commission. According to the most recent draft regulations, the disclosure mandate will be phased-in over two years beginning in 2011. Building owners would be required to disclose an ENERGY STAR Statement of Energy Performance and a California Energy Commission (CEC) Nonresidential Building Energy Performance Report:
- At the time a sale contract for the entire building is presented to a prospective buyer
- At the time a lease contract for the entire building is presented to a prospective lessee
- At the time a loan application for the entire building is presented to a prospective lender
Additionally, the California Energy Commission is developing a statewide program to reduce energy consumption in existing buildings, as required by AB 758. The CEC has indicated it will develop additional building performance rating and labeling programs in California under AB 758.
- Read AB 1103
- Read Draft Regulations for implementing AB 1103 (May 2010, California Energy Commission)
- See the California Energy Commission's webpage on AB 1103
SAN FRANCISCO RATING AND DISCLOSURE
On Dec. 11, 2009, San Francisco Mayor Gavin Newsom was presented with recommendations from his Task Force on Existing Commercial Buildings. The Task Force recommended creating an online disclosure database for San Francisco buildings where energy performance data would be publicly posted, and also requiring disclosure to all current tenants in a building. Both of those provisions would expand upon current AB 1103 disclosure requirements. Legislation is currently pending.
PRESS AND MEDIA COVERAGE
Mayor Pushing for Law to Monitor Energy Use | San Francisco Examiner, 4.12.10
San Francisco Mayor's Office Press Release on Green Building Task Force Recommendations | 12.11.09
California AB 1103 Requires Energy Benchmarking Data Released During Sales | FacilitiesNet, 8.01.09
