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 right away.
How much is the fine?
The statute sets $500 to $2,000 per category of missing data, per day. The CEC's letter to owners says violations can carry up to $2,000 for each category of missing data, which can apply for each day the violation has existed and continues to exist. A penalty is imposed by the CEC after a hearing.
Does the CEC warn me first?
Yes. According to the CEC, once you are notified of a violation, you have 30 days to correct it and avoid penalties. The CEC letter adds that staff will give advance notice if a case is opened and will work with you to reach compliance.
Who can be penalized?
20 CCR 1685 lists these violations by a person requesting energy use data: failing to follow the benchmarking and reporting requirements, knowingly submitting false information to a utility when requesting data, and knowingly sharing false information with the CEC. It also lists violations by a utility, such as sharing false data with a building owner or owner's agent. The statute defines person to include any responsible corporate officer.
What should I do if I am already late?
Report as soon as you can, even after the deadline. If a utility has not given you data, submit the building without energy data and resubmit later. Consider requesting an extension with documentation. For guidance, call the CEC helpdesk.
Is there a penalty for just using a lot of energy?
No. The CEC FAQ says there are no penalties for high energy use. Public disclosure shares the information so owners and tenants can compare buildings.
Frequently asked questions
What law sets the penalty?
Public Resources Code section 25321. 20 CCR section 1685 lists the violations.
Do I get time to fix a violation?
Yes. According to the CEC, once you are notified of a violation, you have 30 days to correct it and avoid penalties.
Are local city fines the same?
No. Some cities have their own programs and fines. This page covers only the state AB 802 program.
