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State and Local Ordinance Compliance

AB 802     •     SF ECBO     •     LA EBEWE     •     BESO

 

We are benchmarking professionals. Developing an accurate benchmark helps owners and operators make informed decisions about capital investment, and demystifying automated benchmarking and preparing your asset for compliance success!  Offering our expertise with EPA's ENERGY STAR Portfolio Manager, we update, quality assure and submit as needed, before these critical due dates OR provide annual ongoing maintenance.

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Assembly Bill 802 (AB 802) - California​

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The California Energy Commission has passed Assembly Bill 802 (AB 802), a progressive, statewide building energy use benchmarking and public disclosure program applying to all commercial assets larger than 50,000 square feet. Building owners must report building characteristics and energy consumption data using ENERGY STAR's Portfolio Manager to the Commission by June 1 annually. 

 

***IMPORTANT NOTICE*** Beginning in 2019, multifamily residential complexes with 17 or more residential utility accounts must also comply. The Energy Commission will publicly disclose some of the reported information beginning in 2019 for buildings reported in 2018 having no residential utility accounts, and 2020 for buildings with residential utility accounts.

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Publicly disclosing building performance will encourage owners and tenants to make informed purchasing and leasing decisions, and the general public to better understand the buildings in which they live, work and play. The cities of San Francisco, Berkeley, and Los Angeles already have local benchmarking and public disclosure programs exceed ing those of the state program. Building already participating in these local programs do not need to meet the statewide program, the data is being made available to the state.

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San Francisco Existing Commercial Building Ordinance (SF ECBO)

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SF ECBO applies to existing commercial buildings with 10,000 square feet or more of space that is heated or cooled. This Ordinance, more robust than the statewide requirement has two separate components:

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Los Angeles Existing Building Energy and Water Efficiency Program (LA EBEWE)

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LA EBEWE is similar to the SF ECBO in that it applies to existing commercial buildings with 20,000 square feet or more of space that is heated or cooled. This Ordinance, more robust than the statewide requirement has multiple components:

  • Annual Energy Benchmarking - due annually on June 1: The building owner must report building characteristics and energy consumption data using ENERGY STAR's Portfolio Manager to the Los Angeles Department of Building and Safety

  • ASHRAE Level II Energy Audit - Due once every 5 years: A report with list of Energy Efficiency Measures, including projected cost-savings, implementation costs and ROI calculations.​

  • Water Audit - Due once every 5 years: A report with list of Water Efficiency Measures, including projected cost-savings, implementation costs and ROI calculations.

  • ​Retro-Commissioning (RCx) - Due once every 5 years Including implementation of Operational and Modernization Measures to address deferred maintenance issues, identify and correct system deficiencies, and to optimize system efficiency, air quality, and occupant comfort.

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Berkeley Building Energy Savings Ordinance (BESO)

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The BESO applies to multiple building scenarios including small, medium and large commercial, single family and multifamily residential applications.

  • Annual Energy Benchmarking - due annually on July 1:  As of January 2019 applying to buildings with 25,000 or more square feet of Gross Floor Area to provide an annual ENERGY STAR Performance Report.  Small and Medium buildings are required to disclose one year of energy data upon the full lease, sale or disclosure of the asset.  Future dates trigger smaller asset square footages (15,000 GSF in 2020, 5,000 GSF in 2021 and <5,000 in 2022.).

  • Energy Audit Report:  Requires large buildings over 25,000 or more of gross floor area, to provide an Energy Report once every 5 years.  Furthermore, small and medium buildings are required to provide energy audit reporting upon the full lease, sale or disclosure of the asset.  Single family buildings are required to provide an energy report at the time of sale, or may be deferred for up to 12 months.

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Orlando Building Energy and Water Efficiency Strategy (BEWES)

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In 2016, Orlando City Council unanimously passed the Building Energy and Water Efficiency Strategy (BEWES), a policy focused on tracking the energy and water output of our largest buildings.  The Orlando BEWES ordinance mirrors that of other city wide voluntary ordinances.  Viable is an approved benchmarking organization for the Orlando area and has worked with the city to gather the necessary aggregate data to benchmark strip malls and individual commercial real estate assets during the 2019 reporting cycle.  

  • As of January 2019, buildings with 25,000 of Gross Floor Area or greater are required to provide an annual ENERGY STAR Performance Report, due annually on July 1.  Small and Medium buildings are required to disclose one year of energy data upon the full lease, sale or disclosure of the asset.  Future dates trigger smaller asset square footages (15,000 GSF in 2020, 5,000 GSF in 2021 and <5,000 in 2022.).

  • Beginning on August 1 2018, any city-owned building above 10,000 gross square feet and any commercial or multifamily building above 50,000 gross square feet will be required to use the ENERGY STAR Portfolio Manager tool to obtain their energy benchmarking score.​

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These local and Statewide legislative ordinances do not apply to all buildings - there ARE exceptions!  Contact us to determine how and if your asset should participate in AB 802 or any of the above city ordinances. 

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