Q - What is AB 802?
A - Assembly Bill (AB) 802 is a new California energy benchmarking and public disclosure mandate. Energy Benchmarking Reports generated using ENERGY STAR Portfolio Manager will be due annually for those buildings covered by the mandate, and some results will be made public. This law covers buildings of a specific type and size, all across the state. The building owner is responsible for compliance.

The California Energy Commission (CEC) has released the following tentative timeline for annual Reporting and Disclosure:
 

• January 1st, 2017 – AB 802 goes into effect

• June 1st, 2018 – Commercial Reporting to the CEC begins

• June 1st, 2019 – Multifamily Reporting to the CEC begins

• September 1st, 2019 – Commercial data Publicly Disclosed

• September 1st, 2020 – Multi-family data Publicly Disclosed

The buildings that must submit an annual benchmarking report to the CEC according to this mandate are as follows:
 

• Commercial buildings with 3 or more utility accounts, of which none are residential accounts, having over 50,000 square feet in gross floor area.

• Any building with one or more residential utility accounts, that has 17 or more utility accounts overall, having over 50,000 square feet in gross floor area. These are typically Multi-family dwellings.

Q - Do I have to benchmark my building?
A - If your building falls within the guidelines established by the California Energy Commission’s new benchmarking law, AB 802, then yes, you must. The law specifies ENERGY STAR Portfolio Manager as the only acceptable platform for benchmarking a building, requires annual benchmarking and reporting, and defines the buildings covered by this mandate.

Q - Should I benchmark my building now, or wait until the law says I must?

A - Benchmarking results will be Publicly Disclosed, so benchmarking your building NOW gives you an advantage. If your building proves to be very inefficient, you will have time to install any needed energy efficiency upgrades, and improve your ENERGY STAR score, before these results are made public.

Q - Are any buildings exempt from complying with AB 802?
A - Yes. In three cases, a building is exempt from the reporting requirements of this program.
1) The building is new and has not yet had a full year of utility service.
2) The building is scheduled to be demolished within one year.
3) The building is covered by a local benchmarking ordinance with an annual benchmarking mandate.

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Q - How do I submit my benchmarking report to the CEC?

A - The CEC will be releasing further details, such as how Reports are to be submitted, the penalties for failing to submit Reports, and specifics on Public Disclosure of results, in the near future. Visit www.energy.ca.gov/benchmarking for the latest information.