Nonresidential Building Energy Use

Greater Los Angeles

Inland Empire

Oakland/East Bay

Orange County

Sacramento

San Diego

San Francisco

Silicon Valley

BOMA California Webinar August 29, 2013

Nonresidential Building Energy Use

Disclosure Program (AB 1103)

BOMA Cal AB 1103 Webinar

Moderator

• Matthew Hargrove, Sr. VP Government Relations, CBPA; BOMA

California Administrator

Experts

• Joe Loyer, Mechanical Engineer, Energy Efficiency and Renewable

Division with the California Energy Commission;

• Zachary Brown, Sustainability Manager, CBRE | Asset Services

Group

Nonresidential Building Energy

Use Disclosure Program

Assembly Bill 1103

Joe Loyer

Mechanical Engineer

Energy Efficiency and Renewable Division

California Energy Commission

Joe.Loyer@energy.ca.gov 916.654-4811

Program Status Update

• The Energy Commission will not require the

disclosure or reporting of the Facility Summary

Report.

• The suspension of enforcement will be continued

until 30 days after the ESPM Web Service is

operational, but not earlier than January 1, 2014.

• The Energy Commission is evaluating options to

amend the regulations.

4

AB1103 – The Statute

Utilities (Electric/Nat Gas)

• Provide aggregated energy use data on

request from building owners to their

ENERGY STAR Portfolio Accounts.

Building Owners

• Provide the AB 1103 Disclosure Report via

ENERGY STAR Portfolio Manager for

qualifying transactions.

5

Is Your Answer “YES” or “NO”

6

Question One:

Is the entire nonresidential building being offered

for sale or lease or subject to new financing

(Section 1683)?

7

Is Your Answer “YES” or “NO”

Question Two:

Based on the current date, is the gross square

footage of the nonresidential building greater than the

following limits (Section 1682)?

On or after September1, 2013 50,000 square feet.

On or after January 1, 2014 10,000 square feet.

On or after July 1, 2014 5,000 square feet.

8

Is Your Answer “YES” or “NO”

Question Three: The building occupancy permit lists the building

occupancy type. These occupancy types are

defined in the California Building Code, Title 24,

Section 302 (2007).

Assembly (A) Storage (S) and

Business (B) Utility – Parking Garage (U)

Education (E)

Institutional – Assisted Living (I-1, R-1)

Institutional – Non-ambulatory (I-2),

Mercantile (M), Residential – Transient (R-1) (for example, a hotel)

Creating the Disclosure

• Review the training available at ENERGY

STAR Portfolio Manager.

• Gather your data for your building type.

• Create a ENERGY STAR Portfolio Manager

Account.

• Contact the Utilities for your energy use data.

• Generate the Report.

9 AB1103@energy.ca.gov

Energy Use Data from

California Utilities

• Tenant release forms are not required for

compliance.

• Utilities cannot require building owners to

submit tenant release forms.

• The major California utilities have received a

letter from the Energy Commission stating the

above.

10

Missing Data Protocols

“If there is information missing from a disclosure,

and if the owner has made a reasonable effort to

ascertain the missing information, the owner may

then use an approximation of the information,

provided that the approximation is identified as

such, is reasonable, is based on the best

information available to the owner, and is not

used for the purpose of circumventing or evading

this article.”

11 Section 1684(e)

ENFORCEMENT • Investigating noncompliance allegations (which can

involve issuing subpoenas, compelling testimony, and

convening investigative hearings);

• Initiating administrative proceedings before the full

Commission for an order compelling compliance;

• Initiating a civil judicial proceeding to enforce a

Commission order;

• Initiating a civil judicial proceeding to obtain injunctive

relief; and

• Settling enforcement actions through negotiated

settlements that impose reasonable and appropriate

requirements, including possible payment of penalties.

12

Available Training

• ENERGY STAR Portfolio Manager

• Southern California Edison

• Pacific Gas & Electric

• San Diego Gas and Electric

• Many Other Third Party Vendors

13

Resources

Commission Web Site:

www.energy.ca.gov/AB1103

14

Links

FAQs

Notices

Regs

More

Sign up for our list server

BOMA Cal AB 1103 Webinar

AB 1103 Disclosure – A Practical Walkthrough

Zachary Brown, Sustainability Manager

CBRE | Asset Services Group

EMAIL the above report to AB1103@energy.ca.gov

What if you do NOT have full building data available?

• NNN Tenants are NOT under any legal obligation under CA AB 1103 to

disclose propriety energy data to the owner

• Under CA AB 1103, utilities must upload aggregated full building data

directly into the owner’s ENERGY STAR Portfolio Manager account

within 30 days of the owner’s request

• If the utility cannot or denies your request to upload aggregate data to

your Portfolio Manager account, you can enter estimated energy

consumption and space attributes for meters and spaces that you cannot

view or access after reasonable attempts

• Document all requests and responses to show your best faith effort to

obtain and disclose full-building data in accordance with CA AB 1103

• Disclose all efforts to obtain full building data as well as where estimates

were applied

FOR MORE INFORMATION:

ENERGY STAR - http://www.energystar.gov/buildings/training?c=business.bus_internet_presentations

AB 1103 Resource Page - http://www.energy.ca.gov/ab1103/

Joe Loyer, Mechanical Engineer, Energy Efficiency and Renewable Division with

the California Energy Commission; Joe.Loyer@energy.ca.gov

Zachary Brown, Sustainability Manager, CBRE | Asset Services Group -

Zachary.Brown@cbre.com

Matthew Hargrove, Sr. VP Government Relations, CBPA; BOMA California

Administrator – mhargrove@cbpa.com

BOMA Cal AB 1103 Webinar

Greater Los Angeles

Inland Empire

Oakland/East Bay

Orange County

Sacramento

San Diego

San Francisco

Silicon Valley

BOMA California Webinar August 29, 2013

Nonresidential Building Energy Use

Disclosure Program (AB 1103)