1. (a) Exemptions for Building Owners. A building owner is exempt from the requirements of this Article for the given reporting year if one or more conditions are met:

   1. (1) The building did not have a certificate of occupancy or temporary certificate of occupancy for more than half of the calendar year for which reporting to the Energy Commission is required.
   2. (2) The building is scheduled to be demolished one year or less from the reporting date.
   3. (3) The building had substantial destruction or was destroyed due to unforeseen circumstances.
   4. (4) A geographic area, which may include a portion of, or all of, a county, city, or city and county with multiple buildings having substantial destruction or being destroyed due to the same unforeseen circumstances.
   5. (5) The building was benchmarked pursuant to a local program listed on the Energy Commission website pursuant to subdivision (b) of this section.

2. (b) Local Benchmarking Program Exemption Process.

   1. (i) The program includes annual public disclosure of, at a minimum:

      1. 1. For all Disclosable Buildings covered by the local benchmarking program, items (A), (C), (D), and (G) in section 1683(c)(3); and
      2. 2. For Disclosable Buildings covered by the local benchmarking program, except those buildings described in section 1683(c)(4). item (O) in section 1683(c)(3).
   2. (ii) The local jurisdiction agrees to transmit to the Energy Commission all information that is publicly disclosed for a calendar year by August 1 of the following year.
   3. (B) Where a local benchmarking program has been approved pursuant to this subdivision, any building benchmarked pursuant to that program in a given calendar year is exempt from compliance with section 1683 for that year. The Energy Commission shall list each local benchmarking program approved pursuant to this subdivision on its website.
   4. (2) The Energy Commission may revoke a determination made pursuant to subdivision (b)(1) of this section if it determines that a local benchmarking program is not meeting the requirements of subdivisions (b)(1)(A) and (b)(1)(B) of this section. At least 30 calendar days before a determination is revoked, Energy Commission staff shall notify the local jurisdiction and the public that the Energy Commission will consider revoking the determination and provide an opportunity for public comment.
   5. (3) If the Energy Commission revokes a determination pursuant to this subdivision, compliance with the local benchmarking program shall no longer constitute compliance with the requirements of section 1683, starting with the calendar year following the year in which the determination is revoked.
   6. (4) If a determination is revoked, the Energy Commission shall indicate on its website the date of revocation and the calendar year in and after which compliance with the local program will no longer constitute compliance with section 1683.

   (1)(A) A local jurisdiction may request a determination from the executive director of the Energy Commission that compliance with its benchmarking program fulfills the requirements of section 1683. The executive director will approve the request if:

3. (c) Exemption Procedures.

   1. (1) Unless the Executive Director or designee determines on its own initiative that an exemption applies, the building owner or Owner's Agent shall submit an exemption request to the Energy Commission. The exemption request shall contain:

      1. (A) Contact information.

         1. (i) Name and relation to the building owner.
         2. (ii) Building name.
         3. (iii) Building address.
         4. (iv) Phone number.
         5. (v) Email address.
      2. (B) Reporting year.
      3. (C) Benchmarking Reference Number.
      4. (D) Building type.
      5. (E) A description and any supporting documentation that shows that the building is exempt from the benchmarking reporting requirements.
      6. (F) A statement under penalty of perjury that all information provided is correct and accurate consistent with the requirements of California Civil Code section 2015.5. An exemption shall be granted if the building owner or Owner's Agent can sufficiently prove an exemption applies. Any applicable penalties shall apply unless an exemption is applied for before a given year's reporting deadline and granted.

4. (d) Extension to the reporting deadline.

   1. (1) Building owners or Owner's Agent may request a reporting extension by providing all the following information and anything additionally necessary for the Energy Commission staff to evaluate the request:

      1. (A) Contact information.

         1. (i) Name and relation to the building owner.
         2. (ii) Building name.
         3. (iii) Building address.
         4. (iv) Phone number.
         5. (v) Email address.
      2. (B) Reporting year.
      3. (C) Benchmarking Reference Number.
      4. (D) A description and any supporting documentation that shows there were circumstances beyond its control that prevent meeting the reporting deadline.
      5. (E) A description and any supporting documentation that shows the building owner or Owner's Agent otherwise timely took actions to comply with the reporting requirements.
      6. (F) The date, or at least anticipated date if an exact date is unknown, of when it will be able to provide the required data, and how this date was determined.
      7. (G) A statement under penalty of perjury that all the information in the application is accurate.
   2. (2) Unless the Executive Director or designee determines on its own initiative that an extension applies, the building owner shall submit an extension request to the Commission through the approved extension form. The Energy Commission staff may approve an extension if the building owner or Owner's Agent can sufficiently prove it took timely actions to comply, circumstances beyond its control prevent timely compliance, and it has provided a reasonable date or estimate of when it can comply.
   3. (3) Any applicable penalties shall apply unless the extension is applied for before a given year's reporting deadline and granted.

5. (e) Appeals Process

   1. (1) A building owner or Owner's Agent may attempt to appeal a negative exemption or extension determination if it meets the criteria in, and follows the process of, 20 CCR section 1231 et seq.

Note: Authority cited: Sections 25213, 25218(e) and 25402.10, Public Resources Code. Reference: Sections 25216.5(d), 25320 and 25402.10, Public Resources Code.

History

1. New section filed 4-18-2013; operative 7-1-2013 (Register 2013, No. 16).

2. Change without regulatory effect amending subsection (c), repealing subsections (c)(1)-(4) and amending subsection (d) filed 10-17-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 42).

3. Amendment of section heading and repealer and new section filed 3-1-2018; operative 3-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 9).

4. Amendment of subsection (a), new subsections (a)(3)-(4), subsection renumbering and new subsections (c)-(e)(1) filed 1-20-2026; operative 1-20-2026. Exempt from the APA and OAL review pursuant to Statutes 2023, chapter 38, section 68, Item 3360-002-0001 of Section 2.00 of the Budget Act of 2023 and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2026, No. 4).