State and Local Policy Database

Building Energy Disclosure

Disclosure policies require commercial and/or residential building owners to disclose their building’s energy consumption to prospective buys, lessees, or lenders. Disclosure laws improve consumers’ awareness of the energy use of homes and buildings, which can have a significant impact on its economic value. Building owners must gather energy use data in order to comply with disclosure requirements, a critical step in identifying and prioritizing energy efficiency upgrades.

There is no disclosure policy in place.

Alabama Home Performance Recognition Project: The ADECA Energy Division has received a DOE SEP Competitive award, in partnership with the Arkansas Energy Office, to create a state-tailored voluntary home energy benchmarking system that can be applied to residential properties.  In the same way energy labels have encouraged more efficient cars and large appliances, this uniform presentation of information will encourage deeper uptake in energy efficiency.  This effort will bring transparency to the residential market to encourage energy efficiency through a market-based, consumer driven approach with benefits to many stakeholders in Alabama.  The program will incorporate DOE’s Home Energy Score into an existing scoring tool.

Last Updated: July 2017

  • Building type(s) affected: residential

Alaska statute AS.34.70.101 requires the release of utility data for residential buildings at the time of sale.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

  • Building type(s) affected: commercial, residential multifamily

Assembly Bill 1103 requires nonresidential building owners or operators to disclose the energy consumption data consistent with the ENERGY STAR rating system to buyers, lenders, and lessees. It went into effect on July 1, 2013 for buildings over 50,000 square feet; January 1, 2014 for buildings over 10,000 square feet; and July 1, 2014 for buildings equal to or greater than 5, 000 square feet. 

Assembly Bill 802 expands and replaces this requirement to any building with five or more active utility accounts, including residential multifamily buildings. The new law requires utilities to provide energy consumption data for covered nonresidential buildings to the building owners upon request, and requires the Energy Commission to establish a building energy use benchmarking and public disclosure program for certain buildings.

Last Updated: July 2017

There is no disclosure policy in place.

The Colorado Energy Office (CEO) has launched the Home Energy Score Initiative, a voluntary point of purchase home labeling effort.  As part of the continual training of real estate stakeholders, constant feedback has been given for the development of a low cost 3rd party asset rating. A low cost 3rd party asset rating provides three benefits: 1) Greater access to the market with reduced cost, 2) 3rd party verification that is important to appraisers when assessing a property / a property’s features, 3) an asset rating provides personal privacy on energy use by only looking at the components that make up a building as opposed to a rating or audit that includes actual utility data and consumption.

Last Updated: July 2017

In mid-2014, Connecticut’s Home Energy Solutions program implemented a pilot home energy score and labeling program.  On April 1, 2015, the HES program fully integrated energy scoring and labeling.  Now, program eligibility rules require every enrollee to participate/receive an energy score and label. 

Confidentiality laws that govern customer data prevent adoption of guidelines that require scores and labels to be publically disclosed. However, staff are required to educate participants about the value of disclosing energy scores and labels; persuading homeowners to voluntarily make their labels public. The goal is to transform the market, so that sellers and buyers use the label as a tool to guide energy efficiency improvements and real estate purchases.

In 2016, the U.S. Department of Energy (DOE) recognized Connecticut as the first state to implement the statewide adoption of home energy scores. To date 21,141 home energy scores have been distributed to Home Energy Solutions participants.

Last Updated: August 2017

There is no disclosure policy in place.

Last Updated: July 2017

  • Building type(s) affected: commercial, residential multifamily

The Clean and Affordable Energy Act of 2008 requires that the energy and water performance of public buildings over 10,000 gross square feet and privately-owned commercial and multifamily residential buildings over 50,000 gross square feet be benchmarked using ENERGY STAR® Portfolio Manager® and the results reported annually to the District of Columbia Department of the Environment for public disclosure. Results from DC Government buildings are available in the Build Smart DC database. Results from privately-owned buildings are available in the District of Columbia Open Data Portal.

The District of Columbia mandated, in the Sustainable DC Act of 2014, that both electric and gas utilities provide aggregated whole-building data upon request to a building owner, and make that data available as a download and though automated upload to ENERGY STAR® Portfolio Manager®. The District was the first jurisdiction in the nation to put such a requirement into law.  

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

  • Building type(s) affected: residential

§508D-10.5 requires residential property owners to disclose energy-efficiency consumer information at the time of sale or lease.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

  • Building type(s) affected: residential

HB 2036 requires builders or sellers of new residential single-family or multi-family buildings of four units of less to disclose information regarding the energy efficiency of the structure to buyers (or prospective buyers) prior to the signing of the contract to purchase and prior to the closing of the sale.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2016

  • Building type(s) affected: residential rental

H.P. 1468 requires the disclosure of an energy efficiency checklist to tenants or lessees and allows for the release of audit information of residential rental properties. This policy is triggered at the time of rental.

Last Updated: August 2017

There is no disclosure policy in place.

Last Updated: July 2017

  • Building type(s) affected: residential

SB 2746 requires the disclosure of information regarding the benefits of home energy audits to buyers of single-family homes or small multi-family homes at the time of closing.

DOER has been piloting a Building Asset Rating (BAR) reporting protocol to serve as a next step for cities that have a disclosure ordinance in place. The BAR pilot has completed assessments of 41 commercial office building and has developed protocols for these building assessments.

Through the Home Energy Labeling Information Exchange (HELIX) DOER is partnering with the Vermont Public Service Department and other Northeast states to make U.S. DOE Home Energy Score (HES) data accessible to local Multiple Listing Services (MLS) and other market interests (e.g., assessors, appraisers, lenders) through a publicly accessible database. The project will support the market valuation of energy efficiency in homes and kicked off in late April 2016. HELIX is supported by a U.S. DOE award of $786,103 (over three years), and by funds provided by DOER, as well as DOER staff time.

In addition, through the Energy Metrics to Promote Residential Energy Scorecards in the States (EMPRESS), the Rhode Island Office of Energy Resources (RI OER), and the National Association of State Energy Offices (NASEO) will further work to develop common building energy labeling infrastructure by harmonizing the Home Energy Rating System (HERS) used for new homes and the DOE Home Energy Score (HES) used for existing homes. Both HELIX and EMPRESS build from a DOE-funded two year pilot, called Home MPG, completed in 2014. Home MPG was a collaboration between DOER and three investor-owned utilities in which over 3866 homes received home energy performance scores (EPS) through the Mass Save home energy audit program, and 1593 of those homes (41%) received an updated EPS after completing efficiency upgrades.       

Last Updated: July 2016

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

At Governor Nixon’s request, the Division of Energy developed a voluntary Missouri Home Energy Certification that identifies and recognizes energy efficient new and existing homes in Missouri. It is designed to help homeowners convey the invested value of energy efficient measures in their homes to potential buyers. The Division of Energy worked with the Midwest Energy Efficiency Alliance and convened stakeholder group meetings gathering input on the criteria and design of the certification that includes home energy ratings and highly efficient energy assets based on the 2012 IECC. The MHEC rolled out on February 20, 2015.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

  • Building type(s) affected: residential

The Truth in Heating law requires the release of utility data of residential buildings at the time of sale or rental.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

Effective July 2014, Oregon approved three in-market systems to rate energy use and efficiency potential of new and existing homes. This 2013 legislation (HB 2801) built on a 2009 effort (SB 79) to add additional requirements to scoring systems and licensing for Home Energy Assessors. There is no requirement to score homes at point of sale – scoring is voluntary in the market. The expectation is that as values are documented for the benefits of scoring and subsequent retrofits, scoring will become more commonplace and the market will support a mandatory, time-of sale score. The Multiple Listing Services for the majority of the Oregon market accepts and posts each of the three approved scoring systems.                                                         

The three systems currently approved for use in Oregon include the USDOE Home Energy Score, RESNet Home Energy Rating System and Energy Trust of Oregon Energy Performance Score. Scores are asset based – energy models normalize the home’s energy use to typical occupant behavior. A stakeholder panel reviews systems seeking approval in Oregon, monitors approved systems and develops deployment approaches to strengthen scoring/disclosure in the market.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place, however, a working group consisting of the Office of Energy Resources, Northeast Energy Efficiency Partnerships, the Energy Efficiency and Resource Management Council, National Grid, and the Rhode Island Realtors Association was formed in 2014. The group developed a work plan to begin taking steps toward eventual legislation mandating energy disclosure for the residential and commercial sectors. Recognizing that such a mandate could be controversial, the state is starting by developing relationships, building a knowledge base, and piloting a voluntary program.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

  • Building type(s) affected: residential

SB 64 established certain energy efficiency disclosure requirements for new residential buildings. This policy is triggered at the time of sale.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place. However, in 2015 the state pased SB 217, revising its Facilities Maintenance Standard and launching the large-scale installation of meters over the next five years.

Last Updated: July 2017

Act 89 of 2013 requires the establishment of a working group to develop building energy disclosure tools for both residential and commercial buildings. The single-family residential disclosure tool and label are complete and will be rolled out for use by the state efficiency programs (including the state low-income weatherization program) starting this year. In 2014, a multi-family and commercial building working group identified the EPA Portfolio Manager as the tool to be used for disclosure. This Working Group will continue to meet to develop and launch the use of a label as well.  By Dec 15, 2016, the Public Service Department is required to submit a report to the legislature with an update on the effectiveness of the voluntary disclosure and labeling efforts, including a recommendation on whether building energy disclosure should be made mandatory. In addition, the Vermont Department of Public Service (DPS) requested that the Public Service Board open a proceeding to address customer energy usage data aggregation to assist with benchmarking of buildings with multiple tenants. In coordination with DPS, the Commercial Building Energy Working Group filed recommendations to require data aggregation and release of aggregated data for buildings with more than four tenants.

Last Updated: July 2017

There is no disclosure policy in place and Virginia statute does not allow localities to require energy benchmarking and disclosure for residential and/or commercial buildings.

Last Updated: July 2017

  • Building type(s) affected: commercial

SB 5854 - 2009-10 requires all nonresidential customers and qualifying public agency buildings to maintain records of energy data with an energy star rating system. Resulting metrics will be disclosed to a prospective buyer, lessee, or lender.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017

There is no disclosure policy in place.

Last Updated: July 2017