Banner California

California AB 802

The due date for California AB 802 Reports was moved to September 1st!

If your building is over 50,000* square feet you may be required to comply with the AB 802 ordinance. Except that Industrial buildings (manufacturing, fabrication, processing) and buildings used for scientific purposes are exempt. For more exceptions see AB 802 Exemptions and Exceptions.

Preparing the AB 802 Energy Benchmark Report has several benefits:

  • Compliance – it’s the law. Failure to comply may result in civil penalties.
  • Streamlines the sale, lease or refinancing of the property – Buyers, tenants and lenders have begun to ask for the report or for the building’s ENERGY STAR score prior to closing.
  • Can lower your energy costs – Energy benchmarking allows you to easily measure and track energy consumption for timely intervention.
  • May result in higher leasing rates and selling prices for buildings with better ENERGY STAR scores. Energy efficiency is the new “amenity” in today’s market. In fact, research from several academic sources show that ENERGY STAR Certified buildings command a premium in both lease rates and selling prices.
  • Avoid Fines-AB 802 allows the Energy Commission to ensure compliance through the
    enforcement measures identified in Section 25321 of the Public Resources Code, which allows for fines of $500 to $2,000 per day per violation.

BE PREPARED, don’t let the failure to comply with AB 802 create issues for you. Comply with AB 802 and start getting the benefits of energy benchmarking.

Pegasus has streamlined the energy benchmarking process to make it easy for you to comply with AB 802. Call us today for a quote on your building. We are a Veteran owned and operated business.

Take the step, make the call. Call Chuck for a quote at 415-937-5046. Or, email him at Charles@PegasusBMS.com.

For more information about benchmarking - What is an energy benchmark report?, What is ENERGY STAR certification? or Value of Energy Star certification.

---------------------------------------------------------------------------------------------------------

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” here in one place.

AB 802 Exemptions and Exceptions

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.

*Note that the ordinance applies to "buildings" not properties. If the buildings have separate meters with no building or group of buildings exceeding 50,000 square feet, then AB 802 does not apply. However, if the sum of the buildings sharing a common meter (with no submeter) exceed 50,000 square feet, then AB 802 applies.

Pegasus Benchmarking Services is a member of the Pegasus Energy Solutions team that also conducts Energy Audits and performs other additional energy efficiency services.