HOUSE OF REPRESENTATIVES

H.B. NO.

1841

TWENTY-NINTH LEGISLATURE, 2018

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ENERGY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     Section 1.  The legislature finds that energy efficiency is the cheapest, quickest, and cleanest way to accelerate Hawaii's transition to one hundred per cent renewable energy.  Hawaii's buildings and facilities offer enormous opportunities for energy savings, yet the potential for savings is not clear through current disclosure and information-sharing requirements.

     The legislature finds that Hawaii can accelerate progress toward its clean energy, economic security, and greenhouse gas emission reduction goals by expanding the State's building energy benchmarking and energy consumption disclosure requirements beyond residential and public buildings.  Building energy benchmarking is the process of comparing a facility's energy usage against facilities of a similar type or function to identify opportunities for savings.  Building energy benchmarking is a useful starting point for commercial, or nonresidential, building owners and operators to target energy savings opportunities.

     Hawaii is already a leader in driving energy transparency in single-family housing via the residential energy-use disclosure policy, as set forth in section 508D-10.5, Hawaii Revised Statutes.  Hawaii has also previously adopted benchmarking policies for public facilities and buildings through section 196-30, Hawaii Revised Statutes, and the State recently completed a successful benchmarking project for public buildings with the support of the United States Department of Energy's State Energy Program.  Between 2014 and 2016, the State benchmarked four hundred sixteen public facilities, including more than two thousand six hundred buildings covering more than twenty-nine million square feet.  The benchmarking project found potential for all state agencies to save more than fifty-six million kilowatt hours annually, the equivalent to saving more than $25,000,000 using current electricity rates.

     The legislature finds that this transparency and visibility into the potential for savings should be extended to commercial, or nonresidential, properties in the State.  Leading states, such as California and Washington, have already extended their benchmarking policies beyond public buildings to include commercial buildings.  Benchmarking the energy use of this sector via regular measurement and disclosure has clear benefits for many stakeholders.  Building owners understand how much gas and electricity their properties use and can take steps to reduce wasted energy, helping them lower energy costs and stay competitive.  Benchmarking data helps fill an information gap for commercial real estate firms and investors, providing everyone access to the same information.  For tenants, benchmarking and disclosure provide valuable data to better understand energy use and make informed decisions.

     The purpose of this Act is to encourage energy efficiency by requiring benchmarking for nonresidential buildings.

     SECTION 2.  Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§196-    Nonresidential building benchmarking.  (a)  Beginning January 1, 2019, a qualifying utility shall maintain records of the energy consumption data of all nonresidential buildings to which they provide service; provided that the data must be maintained for at least the most recent twelve months, and in a format compatible for uploading to the portfolio management tool.

     (b)  Beginning January 1, 2019, upon the written authorization or secure electronic authorization of a nonresidential building owner or operator, a qualifying utility shall upload the energy consumption data for the accounts specified by the owner or operator for a building to the portfolio management tool; provided that the data shall not disclose personally identifying information.

     (c)  A qualifying utility shall use any method for providing the specified data to maximize efficiency and minimize overall program cost; provided that the data shall not disclose personally identifying information.

     (d)  A qualifying utility may consult with the United States Environmental Protection Agency and its customers in developing reasonable reporting options.

     (e)  A building owner or operator, or their agent, of a nonresidential building shall disclose the most recent benchmarking data to a prospective buyer, lessee, or lender, for:

     (1)  Buildings greater than fifty thousand square feet, beginning January 1, 2020; and

     (2)  Buildings greater than ten thousand square feet, beginning January 1, 2021.

     (f)  A building owner or operator, or their agent, who delivers benchmarking data to a prospective buyer, lessee, or lender shall not be required to provide additional information regarding energy consumption, and the benchmarking data provided shall be deemed to be adequate to inform the prospective buyer, lessee, or lender.

     (g)  As used in this section, unless the context requires otherwise:

     "Benchmarking data" means information including the:

     (1)  Amount of energy used by a facility as recorded monthly for at least one year; and

     (2)  Facility characteristics information inputs required for a portfolio management tool.

     "Energy consumption data" means the monthly amount of energy consumed by a customer as recorded by the applicable energy meter.

     "Portfolio management tool" means the United States Environmental Protection Agency's ENERGY STAR portfolio manager or an equivalent tool adopted by the energy resources coordinator.

     "Qualifying utility" means a gas or electric utility that serves customers in the state of Hawaii."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 28, 2045.



 

Report Title:

Building Energy Benchmarking; Energy Efficiency

 

Description:

Requires benchmarking for all nonresidential buildings. Resulting benchmarking data will be disclosed to a prospective buyer, lessee, or lender.  (HB1841 HD2)

 

 

 

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