BILL NUMBER: AB 1103	CHAPTERED
	BILL TEXT

	CHAPTER  533
	FILED WITH SECRETARY OF STATE  OCTOBER 12, 2007
	APPROVED BY GOVERNOR  OCTOBER 12, 2007
	PASSED THE SENATE  SEPTEMBER 11, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2007
	AMENDED IN SENATE  SEPTEMBER 7, 2007
	AMENDED IN SENATE  SEPTEMBER 4, 2007
	AMENDED IN SENATE  AUGUST 27, 2007
	AMENDED IN SENATE  JUNE 13, 2007
	AMENDED IN ASSEMBLY  MARCH 29, 2007

INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 23, 2007

   An act to add Section 25402.10 to the Public Resources Code,
relating to energy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1103, Saldana. Energy: commercial buildings: consumption.
   Existing law declares that electrical energy is essential to the
health, safety, and welfare of the people and the economy of this
state, and it is the state's policy to promote all feasible means of
energy conservation.
   This bill would require electric and gas utilities, as defined, on
and after January 1, 2009, to maintain records of the energy
consumption data of all nonresidential buildings to which they
provide service, in a format compatible for uploading to the United
States Environmental Protection Agency's Energy Star Portfolio
Manager (Energy Star Portfolio Manager), for at least the most recent
12 months. Upon written or secured electronic authorization of a
nonresidential building owner or operator, on and after January 1,
2009, an electric or gas utility would be required to upload all of
the energy consumption data for a building to the Energy Star
Portfolio Manager in a manner that preserves the confidentiality of
the customer. The electric and gas utilities would be encouraged to
work with the United States Environmental Protection Agency and their
customers to develop reasonable reporting options that would
maximize efficiency and minimize overall program cost.
   The bill would require, on and after January 1, 2010, that a
nonresidential building owner or operator disclose Energy Star
Portfolio Manager benchmarking data and ratings, for the most recent
12-month period, to a prospective buyer, lessee, or lender. After the
benchmarking data and ratings are disclosed, the property owner,
operator, or his or her agent would not be required to provide
additional information regarding the benchmarking data and ratings.
The information disclosed would be considered adequate to inform the
prospective buyer, lessee of the entire building, or lender that
would finance the entire building of the benchmarking data and
ratings for the building.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares both of the
following:
   (a) Facilitating a benchmarking system that provides energy
consumption information for all nonresidential buildings in the state
would allow building owners and operators to compare their building'
s performance to that of similar buildings and to manage their
building's energy cost.
   (b) Benchmarking scores could motivate building operators to take
actions to improve the building's energy profile and help to justify
financial investments.
  SEC. 2.  Section 25402.10 is added to the Public Resources Code, to
read:
   25402.10.  (a) On and after January 1, 2009, electric and gas
utilities shall maintain records of the energy consumption data of
all nonresidential buildings to which they provide service. This data
shall be maintained, in a format compatible for uploading to the
United States Environmental Protection Agency's Energy Star Portfolio
Manager, for at least the most recent 12 months.
   (b) On and after January 1, 2009, upon the written authorization
or secure electronic authorization of a nonresidential building owner
or operator, an electric or gas utility shall upload all of the
energy consumption data for the account specified for a building to
the United States Environmental Protection Agency's Energy Star
Portfolio Manager in a manner that preserves the confidentiality of
the customer.
   (c) In carrying out the requirements of this section, an electric
or gas utility may use any method for providing the specified data in
order to maximize efficiency and minimize overall program cost, and
is encouraged to work with the United States Environmental Protection
Agency and customers in developing reasonable reporting options.
   (d) On and after January 1, 2010, an owner or operator of a
nonresidential building shall disclose the United States
Environmental Protection Agency's Energy Star Portfolio Manager
benchmarking data and ratings for the most recent 12-month period to
a prospective buyer, lessee of the entire building, or lender that
would finance the entire building. If the data is delivered to a
prospective buyer, lessee, or lender, a property owner, operator, or
their agent is not required to provide additional information, and
the information shall be deemed to be adequate to inform the
prospective buyer, lessee or lender regarding the United States
Environmental Protection Agency's Energy Star Portfolio Manager
benchmarking data and ratings for the most recent 12-month period for
the building that is being sold, leased, financed, or refinanced.
   (e) Notwithstanding subdivision (d), nothing in this section
increases or decreases the duties, if any, of a property owner,
operator, or his or her broker or agent under this chapter or alters
the duty of a seller, agent, or broker to disclose the existence of a
material fact affecting the real property.