ARE YOU READY FOR AB 1103?

The enforcement of California Assembly Bill 1103 (AB 1103) will start on September 1, 2013. Also known as the Nonresidential Building Energy Use Disclosure Program, the new regulation requires the disclosure of key energy metrics prior to the sale, lease, or financing of a whole building. Nonresidential buildings include commercial, manufacturing, education, and government buildings.

The disclosure documents must be prepared by the building owner. They consist of a Disclosure Summary Sheet, Statement of Energy Performance, Data Checklist, and a Facility Summary. The disclosure documents must be provided no later than 24 hours prior to execution of the sales or lease contract, or no later than the submittal of the loan application. The regulation requires the use of the U.S. Environmental Protection Agency’s (EPA) ENERGY STAR Portfolio Manager benchmarking tool.

AB 1103 will be implemented according to the following schedule:

• On and after July 1, 2013, for a building with total gross floor area measuring more than 50,000 square feet;
• On and after January 1, 2014, for a building with a total gross floor area measuring more than 10,000 square feet and to 50,000 square feet;
• On and after July 1, 2014, for a building with a total gross floor area measuring at least 5,000 square feet and up to 10,000 square feet.

The California Energy Commission will suspend enforcement until September 1, 2013 because of the unavailability of Portfolio Manager during a planned upgrade to the system between June 24 and July 9, 2013. Note that nonresidential buildings less than 5,000 square feet are not impacted yet.

For more information on AB 1103 or help with your other environmental needs please feel free to contact us at 562-495-5777.