Governor Temporarily Delays Commencement of Energy Consumption Disclosure Requirement

Assembly Bill 1103 ("AB 1103") requires the disclosure of energy consumption data for the most recent twelve months from the United States Environmental Protection Agency's Energy Star Portfolio Manager ("Portfolio Manager") as part of the sale, lease, or financing of an entire nonresidential building transacted on or after January 1, 2010 (the "Disclosure Commencement Date"). On October 11, 2009, Governor Schwarzenegger signed Assembly Bill 531 ("AB 531")into law, temporarily delaying for an indefinite period of time the January 1, 2010 commencement date under AB 1103. However, owners and operators of nonresidential buildings should not delay preparations for the eventual disclosure requirement as compliance will require advanced preparations.

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