Section 1683 - Benchmarking and Public Disclosure(a) Schedule. (1) The owner of a Disclosable Building with no residential Utility Accounts shall comply with subdivision (b) of this section in 2019 and annually thereafter.(2) The owner of any other Disclosable Building shall comply with subdivision (b) of this section in 2019 and annually thereafter.(b) Benchmarking and Reporting Disclosable Buildings. (1) For a Disclosable Building, the building owner or Owner's Agent shall do the following: (A) Open an ENERGY STAR Portfolio Manager account and complete all required fields as specified by Portfolio Manager for each Disclosable Building.(B) By March 1 of the year specified in subdivision (a) of this section, and by each March 1 thereafter, request Energy use data for the building as described under section 1682(a). A building owner or Owner's Agent who already has complete Energy use data for the building may upload or enter it into Portfolio Manager instead of requesting it from a Utility serving the building.(2) For Disclosable Buildings with (1) three or more Active Utility Accounts, or (2) fewer than three Active Utility Accounts where all Utility customers have granted permission to have their Energy use data publicly disclosed consistent with section 1682(b)(4)(B), the building owner or Owner's Agent shall do the following: (A) If the Utility did not provide data through Data Exchange Services, upload the Energy use data for the previous calendar year into the ENERGY STAR Portfolio Manager account.(B) Once the Energy use data has been uploaded into ENERGY STAR Portfolio Manager, run the automated data checking tools and correct any errors.(C) By June 1 of the year specified in subdivision (a) of this section, and by each June 1 thereafter, on the Energy Commission benchmarking website, select the appropriate ENERGY STAR Portfolio Manager reporting link, log into ENERGY STAR Portfolio Manager, and complete the reporting steps specified therein, including selecting the building(s) to report, reviewing the information to be reported for accuracy, and sharing the information with the Energy Commission.(3) For Disclosable Buildings with fewer than three Active Utility Accounts of any Energy type serving the building, where one or more Utility customers other than the building owner have not granted permission to have their Energy use data publicly disclosed consistent with section 1682(b)(4)(B), the building owner or Owner's Agent shall, on the Energy Commission benchmarking website, select the appropriate ENERGY STAR Portfolio Manager reporting link, log into ENERGY STAR Portfolio Manager, and complete the reporting steps specified therein, including selecting the building(s) to report, reviewing the information to be reported for accuracy, and sharing the information with the Energy Commission.(4) For a Disclosable Building with fewer than three Active Utility Accounts of any Energy type serving 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 do one of the following: (A) Include the building owner's Energy use data in the report made to the Energy Commission pursuant to subdivision (b)(2) of this section.(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 building owner or Owner's Agent shall, on the Energy Commission benchmarking website, select the appropriate ENERGY STAR Portfolio Manager reporting link, log into ENERGY STAR Portfolio Manager, and complete the reporting steps specified therein, including selecting the building(s) to report, reviewing the information to be reported for accuracy, and sharing the information with the Energy Commission.(ii) If the executive director does not grant the request, the building owner or Owner's Agent shall complete the reporting process in subdivision (b)(2) of this section.(5) If a building owner or Owner's Agent is unable to comply with subdivision (b) of this section by the specified date due to an interruption in ENERGY STAR Portfolio Manager, the building owner or Owner's Agent shall complete compliance within 14 calendar days of ENERGY STAR Portfolio Manager resuming service.(c) Public Disclosure. (1) For Disclosable Buildings with no Active residential Utility Accounts, the Energy Commission will not make building-level data received in 2019 public. For these buildings, the Energy Commission will publicly disclose building-level data received in 2019 and thereafter.(2) For Disclosable Buildings with Active residential Utility Accounts, the Energy Commission will not make building-level data received in 2019 public. For these buildings, the Energy Commission will publicly disclose building-level data received in 2020 and thereafter.(3) For a Disclosable Building, except as provided in subdivision (c)(4) of this section, the Energy Commission may make available on a public website the following information and derivatives thereof:(E) Latitude and longitude.(F) Property or building name, if any.(H) Property floor area (building and parking).(I) Open "comments" field for the building owner or Owner's Agent to provide additional information about the building.(J) ENERGY STAR Portfolio Manager Property ID.(K) Percentage of space occupied (Occupancy).(M) Number of buildings (if served by one common Energy meter without submetering).(N) ENERGY STAR Score, for eligible buildings.(O) Monthly and/or annual site Energy use by Energy type.(P) Monthly and/or annual weather-normalized site and/or source Energy use intensity.(Q) Monthly and/or annual peak electricity demand.(R) Total greenhouse gas emissions.(4) For those buildings described in subdivision (b)(3) of this section, and those for which the executive director has granted a trade secret determination as described in subdivision (b)(4)(B)(i) of this section, the Energy Commission may make available on a public website items (A) through (M) from subdivision (c)(3) of this section.(d) If the Owner of a Disclosable Building benchmarks and reports Energy use data for that building to the United States Department of Housing and Urban Development in combination with Energy use data of other buildings on the same parcel, campus, or site, the Owner may comply with subdivisions (a) and (b) of this section for the same combination of buildings.Cal. Code Regs. Tit. 20, § 1683
1. New section filed 4-18-2013; operative 7-1-2013 (Register 2013, No. 16).
2. Change without regulatory effect amending subsection (a) filed 10-17-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 42).
3. 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. Change without regulatory effect amending subsection (a) filed 10-17-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 42).
3. 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).