After a series of delays in both implementation and enforcement, as of January 1, 2014, California Assembly Bill 1103 (“AB 1103,” codified as California Public Resources Code Section 25402.10) is now in effect and enforceable by the California Energy Commission (“CEC”) for all nonresidential buildings exceeding a total gross floor area of 10,000 square feet. Nonresidential buildings with a total gross floor area measuring at least 5,000 square feet and up to 10,000 square feet will be required to comply with the statute as of July 1, 2014.

Under AB 1103, owners and operators of nonresidential buildings must disclose certain building energy performance data to a prospective buyer, a tenant of the entire building, or a lender who would finance or refinance the entire building before the sale, lease, financing, or refinancing of the building occurs.