Repealing AB1103 as of December 31, 2015

Good day. The Assembly has passed new legislation that is repealing AB1103 as of December 31, 2015. Please read the CEC announcement and for the Legislative story, take a look at the Sacramento Bee link below. https://www.sacbee.com/news

CEC Announcement Assembly Bill 802 (Williams) has mandated the transition to a new statewide building energy use benchmarking and public disclosure program. This announcement clarifies the transition from the current Nonresidential Building Energy Use Disclosure Program popularly known as AB 1103) to the new program mandated by AB 802: - AB 1103 will be in effect until December 31, 2015. Building energy use disclosure at the time of sale, lease, finance, or refinance will continue to be required until then. AB 1103 will be repealed January 1, 2016, meaning the Energy Commission's regulations pertaining to this statute will no longer be in effect and the current rulemaking will be ended.

So what does this mean for escrows not closing till 2016? A Real Estate Lawyer states: ?As with the law itself they haven't provided much guidance. Given that the law requires the disclosure be made BEFORE signing the contract, I think it follows that the disclosures would be required for anyone entering into contract in 2015 even if the deal won't close until 2016.? Others may consider only if escrow closes by 12/31. Speak with your lawyer for your case.

- There will be no statewide energy use disclosure requirement in 2016. During this time, Energy Commission staff will engage in a public process to develop regulations and establish the reporting infrastructure for the new program. Staff anticipates that regulations for the new program will be in effect January 1, 2017.