The proposed bill, titled the "Building Benchmarking and Reporting Act of 2026," aims to establish a building energy reporting program for covered residential and non-residential properties, as well as campuses that contain twenty-five thousand (25,000) or more gross square feet. The Office of Energy Resources (OER) will be responsible for overseeing the program and reporting this information to the public to provide transparency in the marketplace.

Property owners of covered properties will be required to input annual energy use data and other relevant information into a benchmarking tool, such as the ENERGY STAR Portfolio Manager. The reporting schedule mandates that for buildings containing fifty thousand (50,000) or more gross square feet, data must be submitted no later than May 15, 2028, and annually thereafter. For buildings containing twenty-five thousand (25,000) to forty-nine thousand, nine hundred ninety-nine (49,999) gross square feet, the deadline is set for May 15, 2030, and annually thereafter. New covered properties will begin reporting after their first full calendar year of occupancy.

The OER will notify property owners of their obligations between September 15 and December 15 each year, starting in 2027, and will publish a list of covered properties on its webpage by January 31 of each year beginning in 2028. The OER will also host annual online information sessions for building owners and multiple information sessions in anticipation of expanding requirements.

Exemptions from the reporting requirements may be sought by property owners under certain conditions, such as if the property was unoccupied for the entire calendar year required for benchmarking, if a demolition permit was issued, or if the property did not receive energy services for the entire year. Applications for exemptions must be submitted to the OER with supporting documentation.

Owners are required to provide benchmarking information to the OER annually, and by December 31, 2027, and each subsequent year, the OER will deliver a summary report on the program to the General Assembly and publish it on its webpage. This report will include benchmarking information for each covered property, progress against baseline year data, and compliance status.

The bill allows property owners to authorize an energy utility or third party to report energy data on their behalf, but this does not relieve them of their reporting obligations. Municipalities that have initiated comparable building energy benchmarking requirements prior to the enactment of this chapter may continue their programs in lieu of the OER's requirements.

The OER is tasked with developing incentives for participation in the benchmarking program, which may include participation requirements for grant funding and public recognition. The OER may also promulgate rules and regulations to enforce the provisions of this chapter, including escalating warnings and fines that may be imposed starting May 15, 2031. The act is designed to enhance transparency in energy use and promote energy efficiency across covered properties.