4 Colo. Code Regs. § 723-4-4034

Current through Register Vol. 47, No. 20, October 25, 2024

Section 4 CCR 723-4-4034 - 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 or its authorized agent 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 or its authorized agent 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 data only for the purposes of building benchmarking, identifying energy efficiency projects, energy management, and complying with laws or ordinances;

(C) agree not to attempt to determine an individual utility customer's energy use from the whole building data and not to use the information to contact the subject of the information;

(D) agree not to 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.

4 CCR 723-4-4034

38 CR 17, September 10, 2015, effective 9/30/2015

40 CR 01, January 10, 2017, effective 1/30/2017

41 CR 11, June 10, 2018, effective 6/30/2018

42 CR 07, April 10, 2019, effective 4/30/2019

43 CR 08, April 25, 2020, effective 5/15/2020

44 CR 04, February 25, 2021, effective 3/17/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 18, September 25, 2022, effective 10/15/2022

46 CR 06, March 25, 2023, effective 1/25/2023

46 CR 08, April 25, 2023, effective 5/15/2023