In a classic case of “the devil’s in the details,” Assembly Bill 1103 (“AB 1103”), which mandated the disclosure of energy-usage data of commercial buildings in certain transactions, has yet to be implemented nearly four years after it was first enacted. The legislation set a deadline of January 1, 2010 for building owners selling, leasing or financing an entire non-residential building to deliver energy consumption information utilizing the U.S. Environmental Protection Agency’s Energy Star Portfolio Manager program (EPA Portfolio Manager). (A more comprehensive description of AB 1103 is provided here.) The 2010 deadline was extended indefinitely in 2009 by Assembly Bill 531 to allow the California Energy Commission (CEC) to complete the rule-making process for the adoption of implementing regulations.
So the unanswered question is: When will AB 1103 finally take effect? The answer, for the moment, is that implementation is at least nearly a year away. The earliest possible kick-off date is July 1st of next year. In order to make this schedule, the revised draft regulations issued for public comment in August (Revised Draft Regulations) would need to complete the public comment process followed by adoption of the final regulations by the CEC by late spring 2012.