Per the California Energy Commission:
"Assembly Bill 802 (Williams, Chapter 590, Statutes of 2015), signed by Governor Brown on October 8, 2015, has mandated the transition to a new statewide building energy use benchmarking and public disclosure program. This announcement clarifies the transition from the current Nonresidential Building Energy Use Disclosure Program (Public Resource Code Section 25402.10, popularly known as AB 1103) to the new program mandated by AB 802:
- AB 1103 will be in effect until December 31, 2015. Building energy use disclosure at the time of sale, lease, finance, or refinance will continue to be required until then. AB 1103 will be repealed January 1, 2016, meaning the Energy Commission's regulations pertaining to this statute will no longer be in effect and the current rulemaking will be ended.
- The AB 1103 docket (15-OIR-04) will remain open until December 31, 2015 to allow stakeholders to comment on the program. The Energy Commission will soon open a new docket to receive comments for the new program. Comments received under the AB 1103 docket that are relevant to the new program will be moved to the new docket.
- There will be no statewide energy use disclosure requirement in 2016. During this time, Energy Commission staff will engage in a public process to develop regulations and establish the reporting infrastructure for the new program. Staff anticipates that regulations for the new program will be in effect January 1, 2017.
- Staff will propose an order instituting a rulemaking proceeding for the new program at the November Energy Commission business meeting.
- The Energy Commission will soon conduct a scoping workshop to gather public input on implementing the benchmarking provisions of AB 802."