nonresidential building energy use
TRANSCRIPT
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
[email protected] 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.
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
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; [email protected]
Zachary Brown, Sustainability Manager, CBRE | Asset Services Group -
Matthew Hargrove, Sr. VP Government Relations, CBPA; BOMA California
Administrator – [email protected]
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)