4 Colo. Code Regs. § 723-3-3034
Current through Register Vol. 47, No. 11, June 10, 2024
Section 4 CCR 723-3-3034 - Property Owner Request for Whole Building Energy Use Data from a Utility(a) If requested by a property owner or its authorized agent, a Tier I utility shall provide whole building energy use data to the property owner or its authorized agent so long as: (I) the whole building energy use data contains at least four customers or tenants, which may include the property owner's own account; and no single customer's customer data, unless it is the property owner's, comprises more than 50 percent of the whole building energy use data used to generate the whole building energy use data report;(II) the property owner agrees to not disclose the whole building energy use data except for the purposes of building benchmarking, identifying energy efficiency projects, and energy management; and(III) the property owner signs a non-disclosure agreement with the utility requiring the property owner, at a minimum to:(A) take appropriate administrative, technical, and physical safeguards to protect the whole building data from any unauthorized use or disclosure to protect the data from unauthorized access, destruction, use, modification, or disclosure;(B) only use the whole building energy use data for the purposes of building benchmarking, identifying energy efficiency projects, energy management, and complying with laws or ordinances;(C) agree to not attempt to determine an individual utility customer's energy use from the whole building energy use data and not to use the information to contact the subject of the information;(D) agree to not use the whole building energy use data for a secondary commercial purpose not related to the authorized purpose without first obtaining the customer's consent as provided for in these rules;(E) destroy any whole building energy use data that is no longer necessary for the purpose for which it was transferred;(F) agree not to permit access to the whole building data by anyone that has not agreed to abide by the terms pursuant to which the data was provided by the utility. This includes, but is not limited to, all interns, subcontractors, staff, other workforce members, and consultants; and(G) agree that any recipient of the whole building data pursuant to this rule does not obtain any right, title or interest in any of the data provided by the utility.(b) Upon request by a property owner or its authorized agent, a Tier II utility shall provide whole building energy use data upon the same conditions to the extent of, and based upon, information available in the ordinary course of business.(c) A utility shall provide a requested whole building energy use data report in electronic, machine readable format that conforms to nationally recognized open standards and best practices.(d) A utility may charge a property owner or its authorized agent for the development of a whole building energy use data report. Such rate shall be determined in a utility tariff as a non-standard aggregated data report. Alternatively, the utility need not charge the customer if the cost to charge a property owner or its authorized agent is greater than the cost to develop a whole building energy use data report.(e) Availability of whole building energy use data pursuant to this rule does not preclude a property owner from requesting other data reports.38 CR 17, September 10, 2015, effective 9/30/201539 CR 06, March 25, 2016, effective 4/14/201639 CR 08, April 25, 2016, effective 5/15/201640 CR 22, November 25, 2017, effective 12/15/201742 CR 03, February 10, 2019, effective 3/2/201942 CR 07, April 10, 2019, effective 4/30/201942 CR 09, May 10, 2019, effective 5/30/201943 CR 08, April 25, 2020, effective 5/15/202043 CR 12, June 25, 2020, effective 7/15/202043 CR 20, October 25, 2020, effective 11/14/202044 CR 13, July 10, 2021, effective 7/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 18, September 25, 2022, effective 10/15/202246 CR 02, January 25, 2023, effective 2/14/2023