Bill Text: HI HB1520 | 2019 | Regular Session | Amended
Bill Title: Relating To Energy Efficiency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-08 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and Representative(s) Cabanilla Arakawa, Nakamura, Thielen excused (3). [HB1520 Detail]
Download: Hawaii-2019-HB1520-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1520 |
|
THIRTIETH LEGISLATURE, 2019 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO ENERGY EFFICIENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that improving 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 readily apparent through current disclosure and information sharing requirements.
The legislature finds
that Hawaii can accelerate progress toward its goals relating to clean energy,
economic security, and greenhouse gas emission reduction by expanding the
State's building energy benchmarking and energy consumption disclosure
requirements beyond residential and public buildings. Building energy benchmarking is a useful
starting point for nonresidential building owners and operators to target
energy savings opportunities. 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.
Hawaii is already a
leader in driving energy transparency in single-family housing pursuant to the
State's residential energy-use disclosure policy, set forth in section
508D-10.5, Hawaii Revised Statutes.
Hawaii previously adopted benchmarking policies for public facilities
and buildings, as provided in section 196-30, Hawaii Revised Statutes. 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 facilities that encompass multiple buildings, such as
universities. This benchmarking involved
more than two thousand six hundred buildings and covered 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. Using
current electricity rates, this potential savings is equivalent to more than
$25,000,000.
The legislature finds
that this transparency and visibility into the potential for savings should be
extended to nonresidential properties in the State, including commercial
properties. 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
with regular measurement and disclosures has clear benefits for many
stakeholders. Building owners understand
how much gas and electricity their properties use and they may take steps to
reduce wasted energy, helping to lower energy costs and stay competitive. Benchmarking data helps to fill an
information gap for commercial real estate firms and investors, providing
everyone with 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, including commercial buildings.
SECTION 2. Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§269- Nonresidential building benchmarking. (a)
After December 31, 2019, electric and gas utilities shall maintain
records of the energy consumption data of all nonresidential buildings to which
they provide service. This data shall be
maintained for at least the most recent twelve months in a format compatible
for use with the portfolio management tool.
(b) After December 31, 2019, upon the written
authorization or secure electronic authorization of a nonresidential building
owner or operator, electric and gas utilities shall provide the aggregated energy
consumption data for use in the portfolio management tool for the accounts
specified by the owner or operator; provided that the data conforms to the rule
of 15/15. Nonresidential building owners
or operators may also request account-specific data by providing customer
authorization.
(c) In complying with this section, electric and
gas utilities shall use any method for providing the specified data that
maximizes efficiency and minimizes overall program cost. Electric and gas utilities may consult with
any customer or the United States Environmental Protection Agency to develop
reasonable reporting options.
(d) Disclosure of nonpublic nonresidential
benchmarking data required under subsection (e) of this section shall be as
follows:
(1) By
January 1, 2021, for buildings greater than fifty thousand square feet; and
(2) By
January 1, 2022, for buildings greater than ten thousand square feet.
(e) Based on the size specifications in
subsection (d), a building owner or operator, or a designated agent of a
building owner or operator, of a nonresidential building shall disclose the
benchmarking data to a prospective buyer, lessee, or lender for the most recent
continuously occupied twelve-month period.
A building owner or operator, or a designated agent, who delivers
benchmarking data to a prospective buyer, lessee, or lender is not required to
provide additional information regarding energy consumption, and the
information is deemed to be adequate to inform the prospective buyer, lessee,
or lender of the benchmarking data for the most recent twelve month period for
the building that is being sold, leased, financed, or refinanced.
(f) Notwithstanding subsections (d) and (e),
nothing in this section shall alter the duty, if any, of a building owner,
operator, or designated agent of any building owner or operator, under this
chapter or alter the duty of a seller, agent, or broker to disclose the
existence of a material fact affecting the real property."
SECTION 3. Section 269-1,
Hawaii Revised Statutes, is amended by adding four new definitions to be
appropriately inserted and to read as follows:
""Benchmark"
means the energy used by a facility, as recorded monthly for at least one year,
and the 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 for the most recent twelve
month period.
"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.
"Rule of 15/15" means a data set is considered anonymized if it consists of at least fifteen members, and no one member accounts for more than fifteen per cent of the quantity measured."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2100.
Report Title:
Public Utilities Commission; Building Energy Consumption Benchmarking; Energy Efficiency
Description:
Requires energy consumption benchmarking for all nonresidential buildings. Requires disclosure of resulting, anonymized and aggregated benchmarking data to a prospective property buyer, lessee, or lender. (HB 1520 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
