What is AB 802?
Assembly Bill (AB) 802, is a new energy benchmarking and public disclosure law in California for “disclosable” nonresidential and multifamily buildings.
What is a “disclosable building”?
Commercial buildings over 50,000* square feet.
Residential buildings over 50,000* gross square feet and having 17 or more utility accounts.
* May be less in some jurisdictions.
What if I have multiple buildings on a property with an aggregate total over 50,000 square feet (even if no single building exceeds that)?
If the sum of the buildings sharing a common meter exceed 50,000 square feet, then AB 802 applies.
If the buildings have separate meters, with no one building (or group of buildings)
exceeding 50,000 square feet, then AB 802 does not apply.
What is the purpose of AB 802
Energy benchmarking helps building buyers make informed decisions about a building’s efficiency, like miles per gallon when buying a car. Likewise, it helps building owners and tenants make informed decisions about operating costs and efficiency improvements.
Statewide, it helps regulators and policy makers improve the development and evaluation of policy and programs on the state’s energy infrastructure planning efforts.
Ultimately it illustrates the old adage, “you can’t manage what you don’t measure”.
What is an Energy Star score?
A building’s ENERGY STAR score ranges from 1 to 100. It demonstrates how efficient a building is compared to similar buildings. A score of 50 indicates average energy performance. Buildings with a score of 75 or better are in the top 25% of performers and can apply for the ENERGY STAR certification. Getting an ENERGY STAR certification or award gives the building owner recognition for its energy and water efficiency, providing positive publicity and a competitive edge in the marketplace.
How can I improve my score?
Both tenants and owners can impact a building’s score. Simple steps like dimming or turning off lights and adjusting thermostats to reduce energy use can be helpful, but not usually a lasting impact. To permanently improve building efficiency, a professional (Level 2 or Level 3) energy and water audit is the first step for an energy roadmap or master plan. 3fficient audits are backed by decades of practical experience in implementation, measured results and funding options.
What building information will be made public?
For disclosable buildings, the Energy Commission may make available on a public web site the following information and derivatives thereof:
– Building Identification Number (provided by the utility)
– Building address
– Year built
– Gross Floor Area
– Latitude and longitude
– Property name, if any
– Primary property type as calculated by the EPA
– Primary property type, self-selected
– Property floor area (buildings and parking)
– Open comments field for owners/managers to provide information
– ENERGY STAR Portfolio Manager property ID
– Percentage of space occupied (occupancy level)
– Number of occupants
– Number of buildings (if served by one common energy meter without sub metering)
– ENERGY STAR score, for eligible buildings
– Hours operated per week
– Monthly and/or annual site and/or source energy used by energy type
– Monthly and/or annual weather-normalized site and/or source Energy Use Intensity
– Total greenhouse gas emissions.
Can I protect proprietary data?
Yes. For a building with fewer than three utility accounts, one of which belongs to the Building Owner where the tenant has consented to the provision of data to facilitate disclosure, the building owner must do one of the following:
1. Include building owner’s own energy-use data
2. File a request for determination by the Energy Commission Executive Director that the disclosure of the building owner’s energy use data would result in release of proprietary information which can be characterized as a trade secret.
3. Share the building information (not energy use data) with the Energy Commission’s or AHJ’s ENERGY STAR Portfolio Manager account.
What if I can’t get my tenant’s authorization when the utility meter data is not aggregated (i.e. 2 tenants)?
For buildings with fewer than three tenants’ Utility Accounts, where a tenant has not granted permission, the building owner or owner’s agent shall:
1. Attest that permission was not received from all utilities customers.
2. Share the building information (not energy use data) with the Energy Commission’s ENERGY STAR Portfolio Manager account.