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:

(1) The building did not have a certificate of occupancy during the 12-month reporting period

(2) The building is scheduled to be demolished with one year of the reporting data

(3) The building was benchmarked pursuant to a local program listed on the Energy Commission website

EXCEPTIONS

Meter Configuration

Section 1681 (c) States that 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 a Disclosable Building

Per Section 1681 (d), neither of the following is a Disclosable Building and therefore the building owner need not report:

(1)  The building has more than half of the Gross Floor Area of a type of usage exempted through the process specified in Section 1684 (c) (Section 1684 (c) does not currently exist. Perhaps there will be a list of usage types exempted at some future date.)

(2) The building has more than half of the gross floor area used for scientific experiments requiring a controlled environment or industrial purposes.

Exception to Public Disclosure of Information

Per Section 1683 b (4), for a Disclosable Building with fewer than three Active Utility Accounts of an Energy Type service the building, one of which belongs to the building owner, where the other Utility customer, if applicable, has consented to the provision of data to facilitate public disclosure, the building owner, or Owner’s Agent shall may:

(B) File a request for determination by the executive director of the Energy Commission that disclosure of the building owner’s Energy use data would result in the release of proprietary information that can be characterized as a trade secret.

(i) If the executive director grants the request, the information in the benchmark report will be shared only with the Energy Commission.