AB 802 EXEMPTIONS AND EXCEPTIONS

Published on April 5, 2018 by Charles Orr to in California AB 802,

Not all “exemptions” appear neatly in “Section 1684. Exemptions”.  Exceptions appear elsewhere in the ordinance and require some searching or amplification.  For your convenience, Pegasus attempts to list the “Exemptions” and “Exceptions” are list here in one place.

EXEMPTIONS

Section 1684. Exemptions 

(a) Exemptions for Building Owners. A building owner is exempt from the requirements of section 1683 (Benchmarking and Public Disclosure) for a building meeting any of these conditions:

  • The building did not have a certificate of occupancy during the 12-month reporting period
  • The building is scheduled to be demolished within one year of the reporting data
  • The building was benchmarked pursuant to a local program listed on the Energy Commission website

EXCEPTIONS

Meter Configuration

If two or more Covered Buildings on the same parcel, campus or site are served by one common energy meter without submetering, such that energy use cannot be tracked individually, they shall be considered one Covered Building.

However, an owner of a separately-metered, multi-building property such as a Shopping Center, Office Park or Public Storage Facility, where the aggregate square footage is greater than 50,000 square feet, does not need to comply IF NO ONE BUILDING exceeds 50,000 square feet. Should one of the buildings exceed 50,000 square feet, then that building must comply.

Definition of a Non-Disclosable Building

The following is a Disclosable Building, and therefore, the building owner need not report:

More than half of the building's gross floor area is used for scientific experiments requiring a controlled environment or industrial purposes.