September 20, 2011
Energy disclosure requirements to tenants, buyers, and lenders on commercial properties are the subject of draft regulations by the California Energy Commission (CEC). Legislation enacted in 2007 made building owners responsible for disclosing the energy use of commercial building starting January 1, 2010. The CEC has delayed implementation pending adopting regulations.
The compliance deadlines in the proposed regulations are July, 1, 2012 for buildings with more than 50,000 square feet; January 1, 2013 for buildings with more than 10,000 and up to 50,000 square feet; and July, 1 2013 for buildings with floor space of at least 5,000 square feet and up to 10,000 square feet.
The 2007 law requires owners and operators of commercial buildings to disclose the prior 12 months of energy consumption to prospective buyers, tenants or lenders who are leasing or financing a building. The regulations propose the disclosure be made by a Disclosure Summary Sheet, Statement of Energy Performance, Data Checklist and a Facility Summary.
Each utility operating in California must upload energy consumption data on non-residential buildings to the EPA’s Energy Star Portfolio Manager Website.
Building owners can open an account at the EPA’s website to access the building’s energy use data to satisfy the disclosure requirements.