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Implications of Energy Use Disclosure Law on California Real Estate Transactions

The California Energy Commission recently released its proposed regulations under Assembly Bill 802 (AB 802) to replace the now defunct Assembly Bill 1103 (AB 1103), codified as Public Resource Code Section 25402.10. The key...more

California Supreme Court Rejects Mandatory "Reverse CEQA" Analysis

The California Supreme Court issued its long awaited opinion on December 17, 2015, in California Building Industry Association v. Bay Area Air Quality Management District (CBIA v. BAAQMD), commonly referred to as the "Reverse...more

New Legislation (AB 802) To Replace Existing Energy Use Disclosure Law (AB 1103)

On Thursday, October 8, 2015, Governor Jerry Brown signed into law Assembly Bill 802 (AB 802). AB 802 creates a new energy use disclosure program for the State of California, and replaces the existing law, Assembly Bill 1103...more

California Energy Commission Considering Changes to Ongoing AB 1103 Energy Benchmarking and Disclosure Requirements

The California Energy Commission ("CEC"), which is charged with overseeing the implementation of the California Nonresidential Building Energy Use Disclosure Program ("AB 1103"), is considering changes to the ongoing program....more

California Energy Commission delays AB 1103 Energy Benchmarking and Disclosure Requirements for 2 years for buildings between...

The California Energy Commission ("CEC") issued an Emergency Rulemaking Action to delay the implementation of the California Nonresidential Building Energy Use Disclosure Program ("AB 1103") relating to buildings between...more

Delayed AB 1103 Energy Benchmarking and Disclosure Requirements Set To Go Into Effect In January 2014

Following significant delays, the California Nonresidential Building Energy Use Disclosure Program is now slated to go into effect on January 1, 2014 for buildings over 10,000 square feet. An owner of a building subject to...more

California Supreme Court Weighs in on the CEQA Projected Baseline Issue

On August 5, 2013, the California Supreme Court issued its decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (S202828), which attempted to answer once and for all whether a lead agency can...more

Lenders Beware: Debt Can Now Be Recharacterized as Equity in the Ninth Circuit

For the last 27 years, bankruptcy courts in the Ninth Circuit consistently held that debt could not be recharacterized as equity unless the movant proved inequitable conduct by the debt holder. On April 30, 2013, the Ninth...more

California Commercial Building Owners Must Disclose Energy Usage of the Building During Sale, Lease or Financing after July 1,...

Beginning, July 1, 2013, all California commercial buildings with a total gross floor area of more than 50,000 square feet are required to disclose the building's energy usage in advance of any sale, lease, or financing of...more

Energy Use Disclosure Requirements Go Into Effect for Owners of Nonresidential California Buildings

More than five years following the enactment of the governing legislation, the first phase of the Energy Use Disclosure Requirements will commence July 1, 2013. Assembly Bills 1103 and 531 require owners of nonresidential...more

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