Section 1682 - Data Access(a) Data Request.(1) The owner of a Covered Building, or the Owner's Agent, may request Energy use data from each Utility serving a Covered Building by providing the following information: (A) The building address.(B) Verification that the Person making the request is authorized to receive Energy use data for the building. (i) This may be demonstrated through an attestation that the person submitting the request is the building owner or Owner's Agent, or is authorized to act on behalf of the building owner or Owner's Agent.(ii) If the Person making the request is the customer of record for all Utility Accounts that are the subject of the request, authorization to access Energy use data for the building may instead be verified by providing, at the Utility's discretion, a unique password, account number, or other unique identifier for the accounts that are the subject of the request.(iii) A Utility may accept or require electronic submission of the information or attestation required by this subdivision.(C) An indication of whether the building had an Active Utility Account serving multiple postal addresses, as described in 1681(m)(1), during the period for which Energy use data is requested, and if so, the number of unique postal addresses served by the Utility Account.(D) The written permission of any Utility customers for accounts serving a postal address in the building that have been obtained by the building owner as described in subdivision (b)(4) of this section.(E) If there are fewer than three Utility Accounts serving the building, an indication of whether the request is made for compliance with the Benchmarking and Public Disclosure requirements in section 1683.(2) The request in subdivision (a)(1) of this section shall be made in writing or by a secure electronic method specified by the Utility.(b) Utility Requirements.(1) For each Energy type, the Utility shall deliver to the building owner or Owner's Agent the last four characters of the meter number for each meter serving the building.(2) For each Energy type, the Utility shall identify, aggregate, and provide all Energy use data for the requested building, in monthly intervals, for at least the previous calendar year, and all available data for the calendar year in which data is requested, by one of the following methods:(A) Utilities not using ENERGY STAR Portfolio Manager's Data Exchange Services shall send the data to the building owner or Owner's Agent using the spreadsheet template provided by ENERGY STAR Portfolio Manager.(B) Utilities using ENERGY STAR Portfolio Manager's Data Exchange Services shall provide the data by direct upload to the building owner's or Owner's Agent's ENERGY STAR Portfolio Manager account, or, at the building owner's or Owner's Agent's request, send the data to the building owner or Owner's Agent using the spreadsheet template provided by ENERGY STAR Portfolio Manager.(3) Within 14 calendar days of receiving a request as described in subdivision (a) of this section, a Utility shall review the request to determine whether it contains all of the information required by subdivision (a)(1) of this section, and determine whether permission has been provided if required by subdivision (b)(4) of this section.(A) If the request contains all of the information specified in subdivision (a)(1) of this section: (i) If the request is one for which permission is not required pursuant to subdivision (b)(4) of this section, or if the building owner has obtained permission from each utility customer as specified in subdivisions (b)(4)(A)(i) or (b)(4)(B) of this section as applicable, the Utility shall notify the person who submitted the request that the request is complete, and that the building owner or Owner's Agent will receive the requested information within 28 calendar days.(ii) If the request is one for which permission is required pursuant to subdivision (b)(4) of this section and permission has not already been granted by each Utility customer other than the building owner with a Utility Account serving a postal address in the building, the Utility shall notify the building owner or Owner's Agent that it will request permission.(B) If the request does not contain all of the information specified in subdivision (a)(1) of this section, the Utility shall notify the person who submitted the request that the request is missing information or contains incorrect information and must be resubmitted, specifying what information is missing or incorrect.(4) If a Utility receives a request for Energy use data for a building that has (1) fewer than three Active Utility Accounts of any Energy type the Utility provides, none of which are residential, or (2) fewer than five Active Utility Accounts of any Energy type the Utility provides, at least one of which is residential, the Utility shall not provide the information listed in subdivisions (b)(1) and (b)(2) of this section for that Energy type unless permission is obtained from each Utility customer other than the building owner with a Utility Account serving a postal address in the building. (A) If a building owner or Owner's Agent makes a request for Energy use data that is not for compliance with the Benchmarking and Public Disclosure requirements in section 1683: (i) The building owner or Owner's Agent may obtain written permission directly from a Utility customer and submit that permission to the Utility. The permission may be granted through a provision in the lease or through a separate document.(ii) If the building owner or Owner's Agent has not obtained permission from any customer pursuant to subdivision (b)(4)(A)(i) of this section, the Utility shall, within 14 calendar days of receiving a data request, send to each customer who has not already granted permission a request for permission to share the customer's Energy use data with the building owner or Owner's Agent. If any customer has not provided an affirmative response within 30 calendar days of the Utility request, the Utility shall notify the building owner or Owner's Agent that Energy use data will not be provided because permission was not obtained.(B) If a building owner or Owner's Agent makes a request for Energy use data for compliance with the Benchmarking and Public Disclosure requirements in section 1683, permission may be demonstrated as specified in subdivision (b)(4)(A) of this section, provided that each customer additionally grants permission for aggregated Energy use data to be publicly disclosed.(C) If a building owner is the holder of an Active Utility Account in a Covered Building, the permission of the building owner shall not be required for the Utility to provide Energy use data for that Utility Account, whether or not that request facilitates compliance with the Benchmarking and Disclosure requirements in section 1683.(5) A Utility must not require anything from the building owner or Owner's Agent other than the information listed in subdivision (a) of this section.(6) A Utility shall provide the information required by these regulations within 28 calendar days of receiving a complete request. If permission is required pursuant to subdivision (b)(4) of this section, a Utility shall provide the information required by these regulations within 28 calendar days of receiving permission.(7) A Utility is not required to provide the information specified in subdivisions (b)(1) and (b)(2) of this section more than once in a three-month period, unless the information is requested for compliance with the Benchmarking and Public Disclosure requirements in section 1683.(8) A Utility may, at its discretion, allow a building owner or Owner's Agent to request that aggregated Energy use data be provided by recurring automatic upload. As a condition of requesting automatic upload, the building owner or Owner's Agent must agree to notify the Utility if any of the following occurs, in which case the Utility shall stop providing Energy use data by recurring automatic upload: (A) The number of Utility Accounts receiving Energy in the building falls below three for a building with no residential Utility Accounts, or below five for a building with at least one residential Utility Account.(B) A Utility customer who has granted permission to have aggregated Energy use data shared with the building owner or Owner's Agent revokes this permission.(C) A new Utility Account is opened in a building that previously had only one Active Utility Account, the owner of which had given permission for Energy use data to be shared with the building owner pursuant to this program, if the owner of the second Utility Account has not granted permission for Energy use data to be shared with the building owner or Owner's Agent.(D) The person receiving Energy use data is no longer the building owner or Owner's Agent.(9) If a Utility is unable to send the information listed in subdivision (b)(2) of this section due to an interruption in ENERGY STAR Portfolio Manager, the Utility shall notify the building owner or Owner's Agent of the interruption and send the information listed in subdivision (b)(2) of this section directly to the building owner or Owner's Agent by a secure electronic method.Cal. Code Regs. Tit. 20, § 1682
1. New section filed 4-18-2013; operative 7-1-2013 (Register 2013, No. 16).
2. Amendment of subsection (c) filed 9-2-2014 as an emergency; operative 9-2-2014 (Register 2014, No. 36). A Certificate of Compliance must be transmitted to OAL by 3-2-2015 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to 9-2-2014 emergency amendment by operation of Government Code section 11346.1(f) (Register 2015, No. 10).
4. Amendment of subsection (c) refiled 3-4-2015 as an emergency; operative 3-4-2015 (Register 2015, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-2-2015 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-4-2015 order transmitted to OAL 5-14-2015 and filed 6-9-2015 (Register 2015, No. 24).
6. Amendment of section heading and repealer and new section filed 3-1-2018; operative 3-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 9). Note: Authority cited: Sections 25213, 25218(e) and 25402.10, Public Resources Code. Reference: Section 25402.10, Public Resources Code.
1. New section filed 4-18-2013; operative 7-1-2013 (Register 2013, No. 16).
2. Amendment of subsection (c) filed 9-2-2014 as an emergency; operative 9-2-2014 (Register 2014, No. 36). A Certificate of Compliance must be transmitted to OAL by 3-2-2015 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to 9-2-2014 emergency amendment by operation of Government Code section 11346.1(f) (Register 2015, No. 10).
4. Amendment of subsection (c) refiled 3-4-2015 as an emergency; operative 3-4-2015 (Register 2015, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-2-2015 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-4-2015 order transmitted to OAL 5-14-2015 and filed 6-9-2015 (Register 2015, No. 24).
6. Amendment of section heading and repealer and new section filed 3-1-2018; operative 3/1/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 9).