AB 802 Energy Benchmarking and Disclosure Law

About AB 802

California Assembly Bill “AB 802” is a new, statewide “Energy Benchmarking” and disclosure law, replacing the previous bill, AB 1103. It requires buildings over 50,000 sq. ft. to report their energy usage on an annual basis to the California Energy Commission (CEC) via the EPA’s Energy Star Portfolio Manager software.

Compliance for commercial buildings began June 1, 2018. Compliance for multi-family buildings began June 1, 2019. The energy usage reporting period is for the previous calendar year. Energy disclosures will be made public via the CEC website.

Green EconoME can help you understand and comply with these new requirements.

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What Buildings Need To Comply With AB 802?

  • All buildings with more than 50,000 square feet of gross floor area
  • Commercial buildings with residential units
  • Commercial buildings with no residential units
  • Multi-family buildings with 17+ residential units
  • Two or more separate buildings that share one energy meter and have a combined gross floor area of at least 50,000 square feet.

How often does my building need to be benchmarked?

Annually by June 1 of each year.

What is a benchmarking report?

A report produced by the EPA’s Energy Star Portfolio Manager software.

Who is responsible for benchmarking a building?

The owner of the building at the time of the reporting deadline (June 1) is responsible for submitting energy use data for the compliance year.

Why Use Green EconoME To Help You Comply?

  • Green EconoME has benchmarked over 1400 buildings.
  • It can be tricky and tedious to extract and import utility data into the EPA’s software.
  • We make it as easy as possible to meet the requirements and prepare the report.
  • We simplify the process of gathering required information about your tenant’s utility usage and operation details.
  • Upon compliance, we provide an additional analytical report explaining the benchmarking results and a comparison to peer buildings.
  • We provide discounted pricing for multi-year and multi-building contracts.
  • We do not require a site visit to complete a benchmarking report.

Who’s Exempt?

  • Buildings that have not had a certificate of occupancy, or temporary certificate of occupancy, for more than half the reporting year.
  • Buildings scheduled to be demolished one year or less from the reporting date.
  • Buildings benchmarked for a different program via the Energy Commission (Ex: EBEWE for the City of LA).
  • Buildings that dedicate more than half their gross floor area to scientific experiments requiring controlled environments, or for industrial purposes. “Industrial,” as defined by the CEC, means a building used for the manufacturing of goods that requires heavy assembly line equipment.

Enforcement And Penalties

Per Public Resource Code 25321, the CEC will notify building owners who fail to comply by the compliance due date.  If owners still fail to comply up to five days after CEC notification, they’ll be subject to a civil penalty between $500 and $2000 for each day non-compliance has existed and continues, and for each category of reporting data not provided. Please note that utilities can take up to 30 days to report energy usage, which could delay your reporting.

If owners willfully provide false information, they’ll be subject to the same fine as above – between $500 and $2000 a day until information is corrected.

Do you have a question about AB802?

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Educational Opportunities Are Available

If you are interested in having Green EconoME present to your office about this new Energy Disclosure law, and other efficiency matters, please email Marika@greeneconome.com.
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