AB 802: California can penalize property owners up to $2000/day for not reporting energy usage

CA AB 802 is a statewide requirement for energy benchmarking of buildings (commercial and residential buildings over 50,000 square feet) in California. Since its implementation in 2016, eligible property owners are mandated to submit an Energy Benchmark Report to the California Energy Commission by June 1st each year.

What is the Energy Benchmark Report? Benchmarking involves tracking a building’s performance against a predefined standard. It entails comparing energy, water, or waste usage metrics of a building to those of similar buildings. The efficiency of a building is calculated by dividing the energy use intensity (EUI) by its square footage.

The Energy Benchmark Report is a comparison of EUI between similar properties, adjusted for intensity-of-use and weather zone.

Who needs to comply with AB 802?

Owners of buildings that meet the following criteria are required to comply with the law:

• Gross floor area exceeding 50,000 square feet.
• Having no more than 16 residential utility accounts.

Are there any exceptions to compliance?

Certain exceptions eliminate the requirement to submit an Energy Benchmark Report. These exceptions apply to:

• Condominiums.
• Buildings scheduled for demolition within a year of the report.
• Buildings with 1–16 residential utility accounts.
• Buildings without a certificate of occupancy or temporary certificate of occupancy for more than half of the calendar year.
• Buildings where over 50% of the total area is used for scientific experiments, manufacturing, or industrial purposes.
• Buildings that are benchmarked pursuant to any local program on the official website of the Energy Commission.

What are the consequences of non-compliance with CA AB 802?

According to the bill, failure to comply with the reporting requirements may result in civil penalties ranging from $500 to $2,000 per day for each category of data not provided, as well as for each day the violation persists.

Building owners who fail to submit the report on time are granted a 30-day grace period after receiving notification of the violation.

Are there any fees associated with creating the report? There are no costs involved if owners choose to comply on their own. The ENERGY STAR Portfolio Manager is a free tool that building owners can utilize to create the energy usage report.

California Assembly Bill 802 is not merely a formality; it is a legally binding requirement that must be strictly followed by building owners. Compliance can yield various benefits beyond avoiding fines.

How is the compliance process carried out?

The steps to comply with CA AB 802 are as follows:

Energy311 handles AB 802 compliance for its customers. For others:

• Create an account on the EnergyStar PortfolioManager website.
• ‍Add the details of each disclosable building you own.
• Input energy usage data.
• Select the appropriate reporting link on the benchmarking page at www.energy.ca.gov/benchmarking.
• Submit the report from the portfolio manager account.