Section 1681 - Definitions(a) Active: A Utility Account is considered "Active" if (1) it is receiving Energy at the time of the request, and (2) the postal address that the Utility Account is currently serving received Energy at any time during the time period for which Energy use data is requested.(b) Benchmark: To obtain information on the Energy use in an entire building for a specific period to enable that usage to be tracked or compared against other buildings.(c) Covered Building: Any structure used or intended to support or shelter any use or occupancy, other than a condominium project as described in section 4125 or 6542 of the California Civil Code, that received Energy from a Utility during the period for which Energy use data is requested, and has (1) no residential Utility Accounts, or (2) five or more Active Utility Accounts of any one Energy type, at least one of which is residential. Two or more Covered Buildings on the same parcel, campus, or site that are served by one common Energy meter without submetering, such that their Energy use cannot be tracked individually, shall be considered one Covered Building.(d) Disclosable Building: A Covered Building of any property type defined by ENERGY STAR Portfolio Manager that has more than 50,000 square feet of Gross Floor Area, and has (1) no Active residential Utility Accounts, or (2) 17 or more Active residential Utility Accounts of each Energy type serving the building. Notwithstanding the foregoing, neither of the following is a Disclosable Building: (1) a building in which more than half of the Gross Floor Area is of a type or usage exempted through the process specified in section 1684(c), or(2) a building in which more than half of the Gross Floor Area is used for scientific experiments requiring controlled environments, or for manufacturing or industrial purposes.(e) Energy: Electricity, natural gas, steam, or fuel oil sold by a Utility to a customer for end uses addressed by the ENERGY STAR Portfolio Manager system.(f) ENERGY STAR Portfolio Manager: The tool developed and maintained by the United States Environmental Protection Agency to track and assess the Energy performance of buildings.(g) Gross Floor Area: The total building square footage, measured between the principal exterior surfaces of the enclosing fixed walls of the building(s). This includes all areas inside the building, including lobbies, tenant areas, common areas, meeting rooms, break rooms, atriums (count the base level only), restrooms, elevator shafts, stairwells, mechanical equipment areas, basements, and storage rooms.(h) Operator: Defined the same as "Owner's Agent."(i) Owner's Agent: A Person with authorization from the building owner to act on behalf of the building owner.(j) Person: An individual, corporation, government or governmental subdivision or agency, estate, trust, partnership, limited liability company, association, organization, or other legal or commercial entity.(k) Portfolio Manager Property ID: A unique identifier assigned by the United States Environmental Protection Agency to each property entered in Portfolio Manager.(l) Utility: An entity providing Energy to a building. An Energy aggregator that does not directly bill an individual customer is not considered a Utility for this program.(m) Utility Account: An agreement between a Utility and its customer to provide Energy to a pre-determined location, subject to the following exceptions: (1) Where multiple postal addresses within a building are served by the same Utility Account for a single Energy type, those separate postal addresses will be treated as separate Utility Accounts under this Article.(2) Where a single postal address is served by multiple Utility Accounts of a single Energy type, those Utility Accounts will be treated as a single Utility Account under this Article.Cal. Code Regs. Tit. 20, § 1681
1. New section filed 4-18-2013; operative 7-1-2013 (Register 2013, No. 16).
2. Change without regulatory effect repealing subsections (b), (d), (h) and (n), relettering subsections and amending newly designated subsections (b) and (d) filed 10-17-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 42).
3. Repealer and new section filed 3-1-2018; operative 3-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 9). Note: Authority cited: Sections 25213, 25218(e) and 25402.10, Public Resources Code. Reference: Sections 25116 and 25402.10, Public Resources Code.
1. New section filed 4-18-2013; operative 7-1-2013 (Register 2013, No. 16).
2. Change without regulatory effect repealing subsections (b), (d), (h) and (n), relettering subsections and amending newly designated subsections (b) and (d) filed 10-17-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 42).
3. Repealer and new section filed 3-1-2018; operative 3/1/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 9).