Strike everything after the enacting clause and insert the following:

NEW SECTION.  Sec. 1.  "(1) The legislature finds that reducing the energy use of buildings will save money for utility customers while achieving other important public benefits. Just like a miles-per-gallon rating provides important information for prospective car buyers, meaningful, enforceable energy use disclosure requirements for buildings creates an important signal to building owners, prospective building owners, tenants, and others in real estate markets about the quantifiable environmental and financial costs associated with the use of that building. The disclosure of this information allows real estate market participants to make decisions that will save them money by lowering their utility bills and can provide an important incentive for real estate market participants to invest in emissions-reducing and energy-saving upgrades. Energy benchmarking also allows utilities and governments to connect inefficient buildings with the variety of energy efficiency programs, incentives, and funding sources that are currently available but underutilized.

(2) Real-world experience confirms that the addition of building energy use information to real estate markets provides incentive for buildings to lower their energy use: Analysis by the United States environmental protection agency has shown that commercial buildings that participate in a benchmarking program achieve a seven percent reduction in energy use over their first three years in the program. Several other recent studies show that nationwide, cities that have adopted energy benchmarking ordinances have also subsequently experienced measurable reductions in building energy use that saved ratepayers hundreds of millions of dollars; New York City, for example, realized a nearly six percent energy savings in the first four years of benchmarking, equating to an energy cost savings of over two hundred sixty-seven million dollars. By simply providing information to real estate markets through required disclosure, the state will achieve substantial greenhouse gas emission reductions by reducing the energy use of buildings.

(3) In 2009, the legislature established requirements that certain nonresidential building owners maintain information about their building energy use at the time of sale. In the years following the 2009 legislature's enactment of the current building energy use disclosure requirements, local governments in Washington and elsewhere have built upon the lessons learned from the state's implementation of its groundbreaking benchmarking efforts. These jurisdictions have been able to introduce more complete benchmarking information across their real estate markets by requiring procedures to support the consistent submission of building energy use information, including the establishment of penalties for violations of energy use disclosure requirements.

(4) In recognition of the benefits of establishing compliance mechanisms to accompany benchmarking requirements, the state energy strategy recommends improvements to the state's benchmarking law. This strategic energy report includes a recommendation that the state receive energy benchmarking data to assess the impact of the program and to better ensure statewide compliance with building energy benchmarking requirements. This act moves the state towards meeting the goals laid out in the state energy strategy by encouraging market-wide participation in the energy benchmarking program and by encouraging the consideration of building energy use information during market transactions.

NEW SECTION.  Sec. 2.  A new section is added to chapter 19.27A RCW to read as follows:

(1)(a) The proprietor of each reporting building shall establish a United States environmental protection agency portfolio manager account and shall request that a qualifying utility servicing the reporting building provide the proprietor with energy consumption and energy cost data for all utility accounts associated with the reporting building. The proprietor shall identify to the qualifying utility the accounts associated with each reporting building.

(b) Until September 1, 2019, a proprietor of a reporting building shall disclose the United States environmental protection agency's energy star statement of energy performance produced using a portfolio manager account for the preceding calendar year to a prospective buyer, lessee, or lender. A proprietor who delivers the United States environmental protection agency's energy star statement of energy performance to a prospective buyer, lessee, or lender is not required to provide additional information regarding energy consumption and the statement of energy performance is deemed to be adequate, for purposes of this section, to inform the prospective buyer, lessee, or lender regarding the United States environmental protection agency's energy star statement of energy performance the preceding calendar year for the building that is being sold, leased, financed, or refinanced.

(2) By April 1, 2018, and April 1st of each year thereafter, the proprietor of a reporting building must transfer the following information to the commerce portfolio manager account using the portfolio manager sharing feature or an alternate data transfer method adopted by the department:

(a) The United States environmental protection agency's energy star portfolio manager building characteristics;

(b) Energy consumption data for each utility billing period of the preceding calendar year; and

(c) Energy cost data for each utility billing period of the preceding calendar year.

(3) At the time of transfer or within a reasonable time of transferring data, the proprietor may include an explanatory comment for each reporting building for the purpose of identifying specific energy variations, such as occupancy variances or high energy use tenants.

(4) If any proprietor of a reporting building discloses information in good faith concerning a building's energy consumption, energy cost, or other benchmarking data in accordance with this chapter, no cause of action shall arise from the disclosure and the proprietor is not liable to others for the disclosure or its consequences.

NEW SECTION.  Sec. 3.  A new section is added to chapter 19.27A RCW to read as follows:

(1) The department shall establish a United States environmental protection agency energy star portfolio manager account that facilitates benchmarking data transfers from proprietors to the department.

(2) By December 1, 2018, and annually thereafter, the department shall publish a report including the following information:

(a) Aggregated statistics of the benchmarking information provided to the department by proprietors.

(b) Summary statistics on overall compliance with this chapter, an assessment of accuracy and issues affecting accuracy, summary energy consumption statistics, and trends observed across the portfolio of reporting buildings over time.

(3) The department shall make available on a public web site by December 1, 2019, and annually thereafter key metrics, including but not limited to ratings, site energy use intensity, energy cost information, and floor area, from the most recent benchmarking output information for each reporting building required to report in the previous calendar year. The department must make available any explanatory comments received under section 2(2) of this act.

(4) The department may provide data from benchmarking submissions to the energy utility serving a reporting building.

(5) Beginning September 1, 2018, and by September 1st of each subsequent year, the department shall analyze the data sharing transfers from proprietors and other supporting information to determine:

(a) Which reporting buildings in Washington have disclosed and transferred the information required by section 2 of this act during the preceding calendar year; and

(b) Which reporting buildings in Washington have failed to disclose and transfer the information required by section 2 of this act.

(6)(a) A proprietor may request that the department withhold from publishing benchmarking or energy use information related to a building or utility account. In support of a request under this subsection (6), the proprietor may provide documentation to substantiate the request or otherwise assist the department in determining whether to grant the request.

(b)(i) If the department determines that strict compliance with the disclosure requirements of this section would cause undue harm to the business interests of a building occupant or to the public interest, the department may withhold benchmarking or energy use information from publication or may aggregate the information sufficiently to eliminate the harm to a building occupant or the public interest.

(ii) Upon the request of a proprietor of a building with one or two utility customers, the department either must withhold benchmarking or energy use information or it must aggregate the information sufficiently to eliminate the harm to a building occupant or the public interest prior to publication.

(c) Any determination to withhold information from public disclosure by the department must be limited to information contained in a specific submission by a proprietor, and does not apply to past or future submissions by the proprietor.

(7) If the department makes publicly available reporting building energy consumption, energy cost data, or other benchmarking data or information in good faith in accordance with this chapter and chapter 42.56 RCW, no cause of action shall arise from the disclosure and the department is not liable to others for the disclosure or its consequences.

NEW SECTION.  Sec. 4.  A new section is added to chapter 19.27A RCW to read as follows:

(1)(a) The department is authorized to enforce the disclosure requirements for proprietors under RCW 19.27A.170 and section 2 of this act. The department is authorized to investigate and determine if a proprietor or a qualifying utility that is a consumer-owned utility has not complied with the requirements of RCW 19.27A.170 or section 2 of this act. The department shall work with qualifying consumer-owned utilities and proprietors to come into compliance with the energy benchmarking requirements of this chapter.

(b) The department must determine, via the issuance of guidance, the particular type of energy cost data that utilities and proprietors must provide under this chapter. The guidance issued by the department must, to the maximum extent practicable, allow for the provision of types of energy cost data that existing utility billing systems are able to currently provide. The guidance must also, to the maximum extent practicable, establish a common metric for energy cost comparisons across buildings served by different utilities. The types of energy cost information that the department guidance may specify disclosure of includes, but is not limited to, the direct energy cost or the total energy cost of energy service inclusive of fees, taxes, and other charges.

(2) The commission may adopt rules to ensure the proper implementation and enforcement of RCW 19.27A.170 as applied to investor-owned utilities. The commission may coordinate with the department to ensure that information provided by investor-owned utilities is consistent with the goals of the state energy strategy.

Sec. 5.  RCW 19.27A.140 and 2011 1st sp.s. c 43 s 245 are each amended to read as follows:

The definitions in this section apply to RCW 19.27A.130 through 19.27A.190 ((and)), 19.27A.020, and sections 2, 3, and 4 of this act unless the context clearly requires otherwise.

(1) "Benchmark" means the energy used by a facility as recorded ((monthly)) each utility billing period for at least one year and the facility characteristics information inputs required for a portfolio manager account.

(2) "Conditioned space" means conditioned space, as defined in the Washington state energy code.

(3) "Consumer-owned utility" includes a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, a mutual corporation or association formed under chapter 24.06 RCW, a port district formed under Title 53 RCW, or a water-sewer district formed under Title 57 RCW, that is engaged in the business of distributing electricity to one or more retail electric customers in the state.

(4) "Cost-effectiveness" means that a project or resource is forecast:

(a) To be reliable and available within the time it is needed; and

(b) To meet or reduce the power demand of the intended consumers at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative project or resource, or any combination thereof.

(5) "Council" means the state building code council.

(6) "Embodied energy" means the total amount of fossil fuel energy consumed to extract raw materials and to manufacture, assemble, transport, and install the materials in a building and the life-cycle cost benefits including the recyclability and energy efficiencies with respect to building materials, taking into account the total sum of current values for the costs of investment, capital, installation, operating, maintenance, and replacement as estimated for the lifetime of the product or project.

(7) "Energy consumption data" means the ((monthly)) amount of energy consumed by a customer as recorded by the applicable energy meter during each billing period for the most recent ((twelve-month period)) calendar year.

(8) "Energy service company" has the same meaning as in RCW 43.19.670.

(9) "Enterprise services" means the department of enterprise services.

(10) "Greenhouse gas" and "greenhouse gases" includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

(11) "Investment grade energy audit" means an intensive engineering analysis of energy efficiency and management measures for the facility, net energy savings, and a cost-effectiveness determination.

(12) "Investor-owned utility" means a corporation owned by investors that meets the definition of "corporation" as defined in RCW 80.04.010 and is engaged in distributing either electricity or natural gas, or both, to more than one retail electric customer in the state.

(13) "Major facility" means any publicly owned or leased building, or a group of such buildings at a single site, having ten thousand square feet or more of conditioned floor space.

(14) "National energy performance rating" means the score provided by the energy star program, to indicate the energy efficiency performance of the building compared to similar buildings in that climate as defined in the United States environmental protection agency "ENERGY STAR® Performance Ratings Technical Methodology."

(15) "Net zero energy use" means a building with net energy consumption of zero over a typical year.

(16) "Portfolio manager" means the United States environmental protection agency's energy star portfolio manager ((or an equivalent tool adopted by the department of enterprise services)).

(17) "Preliminary energy audit" means a quick evaluation by an energy service company of the energy savings potential of a building.

(18) "Qualifying public agency" includes all state agencies, colleges, and universities.

(19) "Qualifying utility" means a consumer-owned or investor-owned gas or electric utility that serves more than twenty-five thousand customers in the state of Washington.

(20) "Reporting public facility" means any of the following:

(a) A building or structure, or a group of buildings or structures at a single site, owned by a qualifying public agency, that exceed ten thousand square feet of conditioned space;

(b) Buildings, structures, or spaces leased by a qualifying public agency that exceeds ten thousand square feet of conditioned space, where the qualifying public agency purchases energy directly from the investor-owned or consumer-owned utility;

(c) A wastewater treatment facility owned by a qualifying public agency; or

(d) Other facilities selected by the qualifying public agency.

(21) "State portfolio manager master account" means a portfolio manager account established to provide a single shared portfolio that includes reports for all the reporting public facilities.

Sec. 6.  RCW 19.27A.170 and 2009 c 423 s 6 are each amended to read as follows:

(1) ((On and after January 1, 2010,)) Qualifying utilities shall maintain records of the energy consumption data of all ((nonresidential and qualifying public agency buildings)) customer accounts to which they provide service. This data must be maintained ((for at least the most recent twelve months)) in a format compatible for uploading to the United States environmental protection agency's energy star portfolio manager. In carrying out the requirements of this section, qualifying utilities shall update energy consumption and energy cost data at least quarterly for each billing period. The data updated by qualifying utilities must be continuous and date back to no later than January 1, 2017.

(2) ((On and after January 1, 2010, upon the written authorization or secure electronic authorization of a nonresidential building owner or operator,)) A qualifying utility shall upload the energy consumption and energy cost data for the accounts specified by the ((owner or operator)) proprietor for a building to the United States environmental protection agency's energy star portfolio manager in a form that does not disclose personally identifying information.

(3) Until January 1, 2018, in carrying out the requirements of this section, a qualifying utility shall use any method for providing the specified data in order to maximize efficiency and minimize overall program cost. Qualifying utilities are encouraged to consult with the United States environmental protection agency and their customers in developing reasonable reporting options. After January 1, 2018, qualifying utilities shall upload the reporting building energy consumption and energy cost data by using energy star portfolio manager web services in order to automatically upload the specified data to the United States environmental protection agency's energy star portfolio manager.

(4) ((Disclosure of nonpublic nonresidential benchmarking data and ratings required under subsection (5) of this section will be phased in as follows:

(6) Notwithstanding subsections (4) and (5) of this section,)) Nothing in this section ((increases or decreases the duties, if any, of a building owner, operator, or their agent under this chapter)) or section 2 of this act alters the duty of a seller, agent, or broker to disclose the existence of a material fact affecting the real property.

NEW SECTION.  Sec. 7.  A new section is added to chapter 19.27A RCW to read as follows:

(1)(a) If the department determines that a proprietor is not in compliance with the disclosure requirements of RCW 19.27A.170 or section 2 of this act, the department may issue a written notice of violation to the proprietor. The notice must state the requirement that was violated and any penalties imposed as a result of the violation.

(b) The department may impose the following penalties on a proprietor for the failure to disclose and transfer the building energy use benchmarking data as required by section 2 of this act:

(i) If the proprietor is not in compliance with the disclosure requirements of section 2 of this act within ninety days of receipt of the notice of violation, the department may impose a penalty of up to five hundred dollars;

(ii) If the proprietor is not in compliance with the disclosure requirements of section 2 of this act within one hundred eighty days of receipt of the notice of violation, the department may impose a total cumulative penalty of up to one thousand dollars;

(iii) If the proprietor is not in compliance with the disclosure requirements of section 2 of this act within two hundred seventy days of receipt of the notice of violation, the department may impose a total cumulative penalty of up to two thousand dollars; and

(iv) If the proprietor is not in compliance with the disclosure requirements of section 2 of this act within three hundred sixty days of receipt of the notice of violation, the department may impose a total cumulative penalty of up to four thousand dollars.

(2) In addition to the penalties authorized in subsection (1) of this section, the department may concurrently impose a separate and additional fine of up to five hundred dollars if the proprietor has previously been served with a notice of violation associated with the building under this chapter.

(3) If the department determines that the proprietor has complied with the disclosure requirements of section 2 of this act within ninety days of receipt of the notice of violation and the proprietor has not previously been served with a notice of violation by the department, the department must waive the penalty for the violation. The department may consider any technical difficulties experienced by a proprietor with the portfolio manager system in determining whether to assess or waive a penalty under this section.

(4) The authority of the department to issue penalties pursuant to this section is phased in as follows:

(a) After October 1, 2018, for violations associated with buildings greater than fifty thousand square feet that took place in calendar year 2017 or later; and

(b) After April 1, 2018, for violations associated with buildings greater than twenty thousand square feet that took place in calendar year 2018 or later.

(5) A proprietor may appeal any penalties imposed pursuant to this section to the pollution control hearings board pursuant to the procedures established by chapter 43.21B RCW.

(6) All penalties recovered under this section shall be paid into the state treasury and credited to the general fund.

Sec. 8.  RCW 43.21B.110 and 2013 c 291 s 33 are each amended to read as follows:

(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100 RCW:

(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, section 7 of this act, 70.105.080, 70.107.050, 76.09.170, 77.55.291, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.

(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, 90.46.250, 90.48.120, and 90.56.330.

(c) A final decision by the department or director made under chapter 183, Laws of 2009.

(d) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, or a decision to approve or deny an application for a solid waste permit exemption under RCW 70.95.300.

(e) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.

(f) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.

(g) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820, and decisions of the department regarding waste-derived soil amendments under RCW 70.95.205.

(h) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in RCW 90.64.026.

(i) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.

(j) Decisions of the department of natural resources, the department of fish and wildlife, and the department that are reviewable under chapter 76.09 RCW, and the department of natural resources' appeals of county, city, or town objections under RCW 76.09.050(7).

(k) Forest health hazard orders issued by the commissioner of public lands under RCW 76.06.180.

(l) Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW.

(m) Decisions of the department of natural resources that are reviewable under RCW 78.44.270.

(n) Decisions of an authorized public entity under RCW 79.100.010 to take temporary possession or custody of a vessel or to contest the amount of reimbursement owed that are reviewable by the hearings board under RCW 79.100.120.

(2) The following hearings shall not be conducted by the hearings board:

(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.

(b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.

(c) Appeals of decisions by the department under RCW 90.03.110 and 90.44.220.

(d) Hearings conducted by the department to adopt, modify, or repeal rules.

(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.

Sec. 9.  RCW 43.21B.110 and 2013 c 291 s 34 are each amended to read as follows:

(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100 RCW:

(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, section 7 of this act, 70.105.080, 70.107.050, 76.09.170, 77.55.291, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.

(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, 90.46.250, 90.48.120, and 90.56.330.

(c) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, or a decision to approve or deny an application for a solid waste permit exemption under RCW 70.95.300.

(d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.

(e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.

(f) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820, and decisions of the department regarding waste-derived soil amendments under RCW 70.95.205.

(g) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in RCW 90.64.026.

(h) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.

(i) Decisions of the department of natural resources, the department of fish and wildlife, and the department that are reviewable under chapter 76.09 RCW, and the department of natural resources' appeals of county, city, or town objections under RCW 76.09.050(7).

(j) Forest health hazard orders issued by the commissioner of public lands under RCW 76.06.180.

(k) Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW.

(l) Decisions of the department of natural resources that are reviewable under RCW 78.44.270.

(m) Decisions of an authorized public entity under RCW 79.100.010 to take temporary possession or custody of a vessel or to contest the amount of reimbursement owed that are reviewable by the hearings board under RCW 79.100.120.

(2) The following hearings shall not be conducted by the hearings board:

(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.

(b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.

(c) Appeals of decisions by the department under RCW 90.03.110 and 90.44.220.

(d) Hearings conducted by the department to adopt, modify, or repeal rules.

(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.

NEW SECTION.  Sec. 11.  Section 9 of this act takes effect June 30, 2019."

Correct the title.

EFFECT: Makes the following changes to the second substitute bill:

(1) Transfers oversight of the benchmarking-related activities of investor-owned utilities from the department of commerce to the utilities and transportation commission.

(2) Directs the department of commerce to determine the type of energy cost data that utilities and building owners must provide, taking into account existing utility billing systems and the ability to establish a common energy cost metric across utilities.

(3) Clarifies that the disclosure of energy use information by utilities to building owners may occur on a per-billing period basis, rather than a monthly basis.

(4) Eliminates, effective in 2019, the requirement in current state law that building owners provide building energy use information to prospective lessees and purchasers during real estate transactions.

(5) Directs utilities to aggregate the energy use information of buildings that have three or more associated utility accounts, rather than disclosing to the building owner the energy use information associated with each of the individual accounts.

(6) Requires utility customers in buildings with one or two utility accounts to provide consent to building owners for the building owner to obtain building energy use information.

(7) Eliminates the exemption from public disclosure for buildings occupied by a building owner or a single tenant with proprietary energy use information, and instead authorizes building owners to request that the department of commerce withhold building energy information if disclosure would cause undue harm to a building occupant's business interests or to the public interest.

(8) Requires, upon building owner request, the department of commerce to aggregate the energy use information of buildings with one or two utility accounts prior to publication.

(9) Specifies that the department of commerce must publish an annual report regarding building energy use and the implementation of benchmarking requirements.

(10) Eliminates campuses of buildings that exceed 20,000 square feet in conditioned space from benchmarking requirements.

(11) Changes the implementation timeline of penalties for benchmarking violations by applying penalties to buildings of over 50,000 square feet of conditioned space beginning in calendar year 2017 and buildings of over 20,000 square feet in 2018.

(12) Requires any public entities that adopt building energy use disclosure requirements to build upon, incorporate, and not conflict with the statewide building energy use disclosure requirements.