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California Public Resources Code Section 25402.10

Legal Research Home > California Laws > Public Resources Code > California Public Resources Code Section 25402.10

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 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) (1) Based on a schedule developed by the commission pursuant
to paragraph (2), 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 his or her 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.
   (2) The commission shall establish a schedule by which an owner or
operator is required to meet the requirements of this subdivision.
   (e) Notwithstanding subdivision (d), this section does not
increase or decrease the duties, if any, of a property owner,
operator, or his or her broker or agent under this chapter or alter
the duty of a seller, agent, or broker to disclose the existence of a
material fact affecting the real property.

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Last modified: March 17, 2014