Whole-Building Energy Use Data Access, Benchmarking, and Public Disclosure Regulations


SCH Number
Public Agency
California Energy Commission
Document Title
Whole-Building Energy Use Data Access, Benchmarking, and Public Disclosure Regulations
Document Type
NOE - Notice of Exemption

Document Description
These regulations amend sections 1680 through 1684 of, and add section 1685 to, title 20 of the code of regulations to implement, interpret, and make specific section 25402.10 of the public resource code. Specifically, the regulations establish procedures for building owners and utilities to request and provide building-level energy use data, as well as a process for building owners to benchmark the energy performance of their buildings and report it to the Energy Commission. The regulations also clarify, in cases where a customer's permission is required for the building owner to receive aggregated energy use data, how a utility will determine whether a building owner has obtained the customer's permission and, under certain circumstances, how a utility will obtain the customer's permission.

Contact Information
Erik Jensen
California Energy Commission
Lead/Public Agency
1516 Ninth Street, MS-48
Sacramento, CA 95814

Phone : (916) 654-4166



Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
15307, 15308, 15378b2,15061b3
Reasons for Exemption
The regulations are not a project subject to CEQA section 15378(b)(2) and (5), in that they deal with general policy and procedural activities or organizational and administrative activities and do not involve commitment to any specific project that may result in a potentially significant physical impact on the environment. The regulations are also exempt b/c they fall within "common sense" exemption section 15061(b)(3), which indicates that CEQA only applies to projects that have a significant effect on the environment, as defined section 21068 and section 15382, as being a substantial, or potentially substantial, adverse change in the environment. Additionally, regulations are exempt as an action to maintain natural resources pursuant to section 15307, and as an action taken to protect the environment pursuant to section 15308. The public disclosure of building energy performance, which is required by these regulations for certain building, may increase understanding of the value of energy efficiency. This increased understanding of the value of energy efficiency will likely result in voluntary building improvements and building energy efficiency becoming one of the common considerations when considering a building for purchase or lease. In turn, this may lead to a reduction in the pollution caused by energy production, including GHG emissions.

Disclaimer: The document was originally posted before CEQAnet had the capability to host attachments for the public. To obtain the original attachments for this document, please contact the lead agency at the contact information listed above. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613.

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