A new California law will soon require owners of commercial buildings over 50,000 square feet to calculate the energy consumption and energy efficiency of their buildings every year. The annual calculations, and other building information, must then be delivered to the State of California, which will publish the building-specific data on a publicly-viewable website.
The statute that imposes this so-called “benchmarking” program is California Public Resources Code § 25402.10. It was adopted in 2015, as AB 802, a bill that also repealed the prior energy benchmarking program, AB 1103, that had been in place, but widely ignored, for several years.
AB 802 gives the California Energy Commission (“CEC”) the power and duty to develop regulations to implement the benchmarking program. As of this writing, the CEC is in the process of developing those regulations. The CEC published draft regulations on July 18, 2016. Although the details may still change before the final regulations are issued, here are some of the key features of the program as described in the draft regulations:
The attorneys in Boutin Jones’s real estate practice group will continue to monitor the development of this new requirement and will provide future updates in this space when appropriate.
Please contact any member of the Boutin Jones Real Estate Group if you have any questions regarding this article.