What is AB 802?
AB 802 requires owners of covered commercial and multifamily buildings to report energy use to the California Energy Commission (CEC) by June 1 every year. The report covers the previous calendar year.
Read how to comply with AB 802.
Which buildings must comply?
Reporting is due June 1 for buildings with no residential utility accounts and for buildings with 17 or more residential utility accounts. The CEC FAQ describes a disclosable building as one with more than 50,000 square feet of gross floor area and either no residential units or 17 or more residential utility accounts.
See the AB 802 deadline.
Which buildings are exempt or not required?
The CEC FAQ says benchmarking is not required for condominiums, for buildings with 1 to 16 residential utility accounts, or where more than half of the floor area is used for scientific experiments that need controlled environments, or for manufacturing and industrial purposes. Warehouses and distribution centers are required. Government-owned buildings must comply, except buildings owned by the federal government.
Owners can request an exemption when the building had no certificate of occupancy for more than half of the reporting year, demolition is scheduled within one year, the building was substantially destroyed or unforeseen circumstances apply, or the building is benchmarked under a local program the CEC lists. Exemptions are annual and must be renewed.
Details are on the CEC FAQ and in 20 CCR 1684.
When is the deadline?
The AB 802 benchmarking report is due to the California Energy Commission by June 1 every year. It covers the previous calendar year. The next annual deadline is June 1, 2027.
Read what the AB 802 deadline covers.
What happens if I do not comply?
Under Public Resources Code 25321, the civil penalty is not less than $500 and not more than $2,000 for each category of data not provided and for each day the violation continues. According to the CEC, once you are notified of a violation, you have 30 days to correct it and avoid penalties. Owners who missed June 1 are urged to report as soon as possible.
Read AB 802 penalties.
How do I comply?
To comply with AB 802, report your building's energy use to the CEC by June 1 every year. There are five steps: open an ENERGY STAR Portfolio Manager account, enter each covered building, enter 12 months of energy data, open the CEC reporting link, and submit from inside Portfolio Manager.
Read the five steps to comply with AB 802.
Who can file?
The building owner can file, and so can anyone the owner authorizes, called an owner's agent. That includes a property manager, a consultant or a benchmarking service. The reporting duty belongs to the owner of the building or an authorized agent. A tenant can act only as an authorized agent of the owner.
Read who can file an AB 802 report.
Frequently asked questions
When is the AB 802 report due?
The AB 802 benchmarking report is due to the California Energy Commission by June 1 every year. It covers the previous calendar year. The next annual deadline is June 1, 2027.
Who can file an AB 802 report?
The reporting duty belongs to the owner of the building or an authorized agent. A tenant can act only as an authorized agent of the owner.
Which buildings report on June 1?
Reporting is due June 1 for buildings with no residential utility accounts and for buildings with 17 or more residential utility accounts.
What is the penalty for not complying with AB 802?
Under Public Resources Code 25321, the civil penalty is not less than $500 and not more than $2,000 for each category of data not provided and for each day the violation continues. According to the CEC, once you are notified of a violation, you have 30 days to correct it and avoid penalties.
