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Revised Draft Regulations Postpone Compliance with California’s Nonresidential Building Energy Use Disclosure Program
by: Gabriel Schnitzler of Mintz  -  
Monday, May 28, 2012

California AB 1103 Update:

New proposed regulations will postpone compliance with California’s energy performance rating disclosure for nonresidential buildings until at leastJanuary 1, 2013, according to the California Energy Commission (CEC).

Under Assembly Bill 1103, owners and operators of nonresidential buildings are required to disclose energy benchmarking data and ratings for a 12-monthperiod to prospective buyers, lenders, and lessees of an entire building. See our prior coverage of AB 1103 here. Assembly Bill 531 subsequently clarified that the disclosure program will be implemented according to a compliance schedule established by the CEC.

Under the March 2012 draft regulations, the energy benchmarking disclosure requirements will take effect in three phases: on January 1, 2013, for a building with total floor area measuring more than 50,000 square feet; on July 1, 2013, for a building with a total floor area measuring more than 10,000 square feet and up to 50,000 square feet; and on January 1, 2014, for a building with a total floor area measuring at least 5,000 square feet and up to 10,000 square feet.

The CEC previously scheduled a hearing for May 9, 2012, to consider whether to adopt the draft regulations, but has postponed the date for a hearing to approve the proposed regulations. We will provide an update as soon as more information on the regulations is available.

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