Section 1684 - Exemptions(a) Exemptions for Building Owners. A building owner is exempt from the requirements of section 1683 for a building meeting any of these conditions:(1) The building did not have a certificate of occupancy or temporary certificate of occupancy for more than half of the calendar year for which reporting to the Energy Commission is required.(2) The building is scheduled to be demolished one year or less from the reporting date.(3) The building was benchmarked pursuant to a local program listed on the Energy Commission website pursuant to subdivision (b) of this section.(b) Local Benchmarking Program Exemption Process. (1)(A) A local jurisdiction may request a determination from the executive director of the Energy Commission that compliance with its benchmarking program fulfills the requirements of section 1683. The executive director will approve the request if: (i) The program includes annual public disclosure of, at a minimum: 1. For all Disclosable Buildings covered by the local benchmarking program, items (A), (C), (D), and (G) in section 1683(c)(3); and2. For Disclosable Buildings covered by the local benchmarking program, except those buildings described in section 1683(c)(4). item (O) in section 1683(c)(3).(ii) The local jurisdiction agrees to transmit to the Energy Commission all information that is publicly disclosed for a calendar year by August 1 of the following year.(B) Where a local benchmarking program has been approved pursuant to this subdivision, any building benchmarked pursuant to that program in a given calendar year is exempt from compliance with section 1683 for that year. The Energy Commission shall list each local benchmarking program approved pursuant to this subdivision on its website.(2) The Energy Commission may revoke a determination made pursuant to subdivision (b)(1) of this section if it determines that a local benchmarking program is not meeting the requirements of subdivisions (b)(1)(A) and (b)(1)(B) of this section. At least 30 calendar days before a determination is revoked, Energy Commission staff shall notify the local jurisdiction and the public that the Energy Commission will consider revoking the determination and provide an opportunity for public comment.(3) If the Energy Commission revokes a determination pursuant to this subdivision, compliance with the local benchmarking program shall no longer constitute compliance with the requirements of section 1683, starting with the calendar year following the year in which the determination is revoked.(4) If a determination is revoked, the Energy Commission shall indicate on its website the date of revocation and the calendar year in and after which compliance with the local program will no longer constitute compliance with section 1683.Cal. Code Regs. Tit. 20, § 1684
1. New section filed 4-18-2013; operative 7-1-2013 (Register 2013, No. 16).
2. Change without regulatory effect amending subsection (c), repealing subsections (c)(1)-(4) and amending subsection (d) 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: Sections 25216.5(d), 25320 and 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 (c), repealing subsections (c)(1)-(4) and amending subsection (d) 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).