Help with Clean Energy Bill

I was just talking to my sister, the Republican, and she said the Clean Energy Bill has requirements for homeowners to replace appliances, windows, heating and cooling systems with energy efficient ones before they can sell a home.

That sounds pretty unreal to me and I haven't found anything on the Internet about it.

Can anyone point me in the right direction? Thanks.

Go here and download the text of the bill, then do a word search for "appliance". You'll be better positioned to talk to your sister if you look for it yourself.

http://www.govtrack.us/congress/billtext.xpd?bill=h111-2454

Everyone knows you've never had a thought...

Or should I say, you never had a thought that didn't die of loneliness.

I've already done that and I don't find anything that says a homeowner has to replace appliances with energy efficient appliances before they can sell the house.

Am I missing something?

What you should have picked up, though, are the large number of carrot-type programs designed to encourage replacement of appliances. Just select about 3 of those and call your sister back with the positive examples.

Thanks. I wonder who is putting out the disinformation.

Energy star only.

I don't think anybody knows what a final bill might look like.

I think if Biomass can verify carbon storage, it should get credits to sell. Many forest have higher growth rates than removal, and farmers can use feed stocks that build carbon in soils.

Maybe, when you purchase an Energy Star appliance. You should get a carbon credit to sell.
Ha...Then you sell you carbon credits on Ebay.

Any help in deciphering this would be appreciated.

SEC. 204. BUILDING ENERGY PERFORMANCE LABELING PROGRAM.

(a) Establishment- CommentsClose CommentsPermalink

(1) PURPOSE- The Administrator shall establish a building energy performance labeling program with broad applicability to the residential and commercial markets to enable and encourage knowledge about building energy performance by owners and occupants and to inform efforts to reduce energy consumption nationwide. CommentsClose CommentsPermalink

(2) COMPONENTS- In developing such program, the Administrator shall-- CommentsClose CommentsPermalink

(A) consider existing programs, such as Environmental Protection Agency’s Energy Star program, the Home Energy Rating System (HERS)



Index, and programs at the Department of Energy; CommentsClose CommentsPermalink

(B) support the development of model performance labels for residential and commercial buildings; and CommentsClose CommentsPermalink

(C) utilize incentives and other means to spur use of energy performance labeling of public and private sector buildings nationwide. CommentsClose CommentsPermalink

(b) Data Assessment for Building Energy Performance- CommentsClose CommentsPermalink

(1) INITIAL REPORT- Not later than 90 days after the date of enactment of this Act, the Administrator shall provide to Congress, as well as to the Secretary of Energy and the Office of Management and Budget, a report identifying-- CommentsClose CommentsPermalink

(A) all principal building types for which statistically significant energy performance data exists to serve as the basis of measurement protocols and labeling requirements for achieved building energy performance; and CommentsClose CommentsPermalink

(B) those building types for which additional data are required to enable the development of such protocols and requirements. CommentsClose CommentsPermalink

(2) ADDITIONAL REPORTS- Additional updated reports shall be provided under this subsection as often as The Administrator considers practicable, but not less than every 2 years. CommentsClose CommentsPermalink

(c) Building Data Acquisition- CommentsClose CommentsPermalink

(1) RESOURCE REQUIREMENTS- For all principal building types identified under subsection (b), the Secretary of Energy, not later than 90 days after a report by the Administrator under subsection (b), shall provide to Congress, the Administrator, and the Office of Management and Budget a statement of additional resources needed, if any, to fully develop the relevant data, as well as the anticipated timeline for data development. CommentsClose CommentsPermalink

(2) CONSULTATION- The Secretary of Energy shall consult with the Administrator concerning the Administrator’s ability to use data series for these additional building types to support the achieved performance component in the labeling program. CommentsClose CommentsPermalink

(3) IMPROVEMENTS TO BUILDING ENERGY CONSUMPTION DATABASES- CommentsClose CommentsPermalink

(A) COMMERCIAL DATABASE- The Secretary of Energy shall support improvements to the Commercial Buildings Energy Consumption Survey (CBECS) as authorized by section 205(k) of the Department of Energy Organization Act (42 U.S.C. 7135(k))-- CommentsClose CommentsPermalink

(i) to enable complete and robust data for the actual energy performance of principal building types currently covered by survey; CommentsClose CommentsPermalink

(ii) to cover additional building types as identified by the Administrator under subsection (eb)(1)(B), to enable the development of achieved performance measurement protocols are developed for at least 90 percent of all major commercial building types within 5 years after the date of enactment of this Act; and CommentsClose CommentsPermalink

(iii) to include third-party audits of random data samplings to ensure the quality and accuracy of survey information. CommentsClose CommentsPermalink

(B) RESIDENTIAL DATABASES- The Administrator, in consultation with the Energy Information Administration and the Secretary of Energy, shall support improvements to the Residential Energy Consumption Survey (RECS) as authorized by section 205(k) of the Department of Energy Organization Act (42 U.S.C. 7135(k)), or such other residential energy performance databases as the Administrator considers appropriate, to aid the development of achieved performance measurement protocols for residential building energy use for at least 90 percent of the residential market within 5 years after the date of enactment of this Act. CommentsClose CommentsPermalink

(C) CONSULTATION- The Secretary of Energy and the Administrator shall consult with public, private, and nonprofit sector representatives from the building industry and real estate industry to assist in the evaluation and improvement of building energy performance databases and labeling programs. CommentsClose CommentsPermalink

(d) Identification of Measurement Protocols for Achieved Performance- CommentsClose CommentsPermalink

(1) PROPOSED PROTOCOLS AND REQUIREMENTS- At the earliest practicable date, but not later than 1 year after identifying a building type under subsection (b)(1)(A), the Administrator shall propose a measurement protocol for that building type and a requirement detailing how to use that protocol in completing applicable commercial or residential performance labels created pursuant to this section. CommentsClose CommentsPermalink

(2) FINAL RULE- After providing for notice and comment, the Administrator shall publish a final rule containing a measurement protocol and the corresponding requirements for applying that protocol. Such a rule-- CommentsClose CommentsPermalink

(A) shall define the minimum period for measurement of energy use by buildings of that type and other details for determining achieved performance, to include leased buildings or parts thereof; CommentsClose CommentsPermalink

(B) shall identify necessary data collection and record retention requirements; and CommentsClose CommentsPermalink

(C) may specify transition rules and exemptions for classes of buildings within the building type. CommentsClose CommentsPermalink

(e) Procedures for Evaluating Designed Performance- The Administrator shall develop protocols for evaluating the designed performance of individual building types. The Administrator may conduct such feasibility studies and demonstration projects as are necessary to evaluate the sufficiency of proposed protocols for designed performance. CommentsClose CommentsPermalink

(f) Creation of Building Energy Performance Labeling Program- CommentsClose CommentsPermalink

(1) MODEL LABEL- Not later than 1 year after the date of enactment of this Act, the Administrator shall propose a model building energy label that provides a format-- CommentsClose CommentsPermalink

(A) to display achieved performance and designed performance data; CommentsClose CommentsPermalink

(B) that may be tailored for residential and commercial buildings, and for single-occupancy and multitenanted buildings; and CommentsClose CommentsPermalink

(C) to display other appropriate elements identified during the development of measurement protocols under subsections (d) and (e). CommentsClose CommentsPermalink

(2) INCLUSIONS- Nothing in this section shall require the inclusion on such a label of designed performance data where impracticable or not cost effective, or to preclude the display of both achieved performance and designed performance data for a particular building where both such measures are available, practicable, and cost effective. CommentsClose CommentsPermalink

(3) EXISTING PROGRAMS- In developing the model label, the Administrator shall consider existing programs, including-- CommentsClose CommentsPermalink

(A) the Environmental Protection Agency’s Energy Star Portfolio Manager program and the California HERS II Program Custom Approach for the achieved performance component of the label; CommentsClose CommentsPermalink

(B) the Home Energy Rating System (HERS) Index system for the designed performance component of the label; and CommentsClose CommentsPermalink

(C) other Federal and State programs, including the Department of Energy’s related programs on building technologies and those of the Federal Energy Management Program. CommentsClose CommentsPermalink

(4) FINAL RULE- After providing for notice and comment, the Administrator shall publish a final rule containing the label applicable to covered building types. CommentsClose CommentsPermalink

(g) Demonstration Projects for Labeling Program- CommentsClose CommentsPermalink

(1) IN GENERAL- The Administrator shall conduct building energy performance labeling demonstration projects for different building types-- CommentsClose CommentsPermalink

(A) to ensure the sufficiency of the current Commercial Buildings Energy Consumption Survey and other data to serve as the basis for new measurement protocols for the achieved performance component of the building energy performance labeling program; CommentsClose CommentsPermalink

(B) to inform the development of measurement protocols for building types not currently covered by the Commercial Buildings Energy Consumption Survey; and CommentsClose CommentsPermalink

(C) to identify any additional information that needs to be developed to ensure effective use of the model label. CommentsClose CommentsPermalink

(2) PARTICIPATION- Such demonstration projects shall include participation of-- CommentsClose CommentsPermalink

(A) buildings from diverse geographical and climate regions; CommentsClose CommentsPermalink

(B) buildings in both urban and rural areas; CommentsClose CommentsPermalink

(C) single-family residential buildings; CommentsClose CommentsPermalink

(D) multihousing residential buildings with more than 50 units, including at least one project that provides affordable housing to individuals of diverse incomes; CommentsClose CommentsPermalink

(E) single-occupant commercial buildings larger than 30,000 square feet; CommentsClose CommentsPermalink

(F) multitenanted commercial buildings larger than 50,000 square feet; and CommentsClose CommentsPermalink

(G) buildings from both the public and private sectors. CommentsClose CommentsPermalink

(3) PRIORITY- Priority in the selection of demonstration projects shall be given to projects that facilitate large-scale implementation of the labeling program for samples of buildings across neighborhoods, geographic regions, cities, or States. CommentsClose CommentsPermalink

(4) FINDINGS- The Administrator shall report any findings from demonstration projects under this subsection, including an identification of any areas of needed data improvement, to the Department of Energy’s Energy Information Administration and Building Technologies Program. CommentsClose CommentsPermalink

(5) COORDINATION- The Administrator and the Secretary of Energy shall coordinate demonstration projects undertaken pursuant to this subsection with those undertaken as part of the Zero-Net-Energy Commercial Buildings Initiative adopted under section 422 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082). CommentsClose CommentsPermalink

(h) Implementation of Labeling Program- CommentsClose CommentsPermalink

(1) IN GENERAL- The Administrator, in consultation with the Secretary of Energy, shall work with all State Energy Offices established pursuant to part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) or other State authorities as necessary for the purpose of implementing the labeling program established under this section for commercial and residential buildings. CommentsClose CommentsPermalink

(2) OUTREACH TO LOCAL AUTHORITIES- The Administrator shall, acting in consultation and coordination with the respective States, encourage use of the labeling program by counties and other localities to broaden access to information about building energy use, for example, through disclosure of building label contents in tax, title, and other records those localities maintain. For this purpose, the Administrator shall develop an electronic version of the label and information that can be readily transmitted and read in widely -available computer programs but is protected from unauthorized manipulation. CommentsClose CommentsPermalink

(3) MEANS OF IMPLEMENTATION- In adopting the model labeling program established under this section, a State shall seek to ensure that labeled information be made accessible to the public in a manner so that owners, lenders, tenants, occupants, or other relevant parties can utilize it. Such accessibility may be accomplished through-- CommentsClose CommentsPermalink

(A) preparation, and public disclosure of the label through filing with tax and title records at the time of-- CommentsClose CommentsPermalink

(i) a building audit conducted with support from Federal or State funds; CommentsClose CommentsPermalink

(ii) a building energy-efficiency retrofit conducted in response to such an audit; CommentsClose CommentsPermalink

(iii) a final inspection of major renovations or additions made to a building in accordance with a building permit issued by a local government entity; CommentsClose CommentsPermalink

(iv) a sale that is recorded for title and tax purposes consistent with subsection (h)(8) of this sectionparagraph (8); CommentsClose CommentsPermalink

(v) a new lien recorded on the property for more than a set percentage of the assessed value of the property, if that lien reflects public financial assistance for energy-related improvements to that building; or CommentsClose CommentsPermalink

(vi) a change in ownership or operation of the building for purposes of utility billing; or CommentsClose CommentsPermalink

(B) other appropriate means. CommentsClose CommentsPermalink

(4) STATE IMPLEMENTATION OF PROGRAM- CommentsClose CommentsPermalink

(A) ELIGIBILITY- A State may become eligible to utilize allowance value to implement this program by-- CommentsClose CommentsPermalink

(i) adopting by statute or regulation a requirement that buildings be assessed and labeled, consistent with the labeling requirements of the program established under this section; or CommentsClose CommentsPermalink

(ii) adopting a plan to implement a model labeling program consistent with this section within one year of enactment of this Act, including the establishment of that program within 3 years after the date of enactment of this Act, and demonstrating continuous progress under that plan. CommentsClose CommentsPermalink

(B) USE OF ALLOWANCES- The program established in this section shall be supported by the use ofDirect Federal support for the program established in this section is provided through the emission allowances allocated to the States’ SEED Accounts pursuant to section 132 of this Act. To the extent that a State provides allowances to local governments within the State to implement this program, that shall be deemed a distribution of such allowances to units of local government pursuant to subsection (c)(1) of that section. CommentsClose CommentsPermalink

(5) GUIDANCE- The Administrator may create or identify model programs and resources to provide guidance to offer to States and localities for creating labeling programs consistent with the model program established under this section. CommentsClose CommentsPermalink

(6) PROGRESS REPORT- The Administrator, in consultation with the Secretary of Energy, shall provide a progress report to Congress not later than 3 years after the date of enactment of this Act that-- CommentsClose CommentsPermalink

(A) evaluates the effectiveness of efforts to advance use of the model labeling program by States and localities; CommentsClose CommentsPermalink

(B) recommends any legislative changes necessary to broaden the use of the model labeling program; and CommentsClose CommentsPermalink

(C) identifies any changes to broaden the use of the model labeling program that the Administrator has made or intends to make that do not require additional legislative authority. CommentsClose CommentsPermalink

(7) STATE INFORMATION- The Administrator may require States to report to the Administrator information that the Administrator requires to provide the report required under paragraph (6). CommentsClose CommentsPermalink

(8) PREVENTION OF DISRUPTION OF SALES TRANSACTIONS- No State shall implement a new labeling program pursuant to this section in a manner that requires the labeling of a building to occur after a contract has been executed for the sale of that building and before the sales transaction is completed. CommentsClose CommentsPermalink

(i) Implementation of Labeling Program in Federal Buildings- CommentsClose CommentsPermalink

(1) USE OF LABELING PROGRAM- The Secretary of Energy and the Administrator shall use the labeling program established under this section to evaluate energy performance in the facilities of the Department of Energy and the Environmental Protection Agency, respectively, to the extent practicable, and shall encourage and support implementation efforts in other Federal agencies. CommentsClose CommentsPermalink

(2) ANNUAL PROGRESS REPORT- The Secretary of Energy and Administrator shall provide an annual progress report to Congress and the Office of Management and Budget detailing efforts to implement this subsection, as well as any best practices or needed resources identified as a result of such efforts. CommentsClose CommentsPermalink

(j) Public Outreach- The Secretary of Energy and the Administrator, in consultation with nonprofit and industry stakeholders with specialized expertise, and in conjunction with other energy efficiency public awareness efforts, shall establish a business and consumer education program to increase awareness about the importance of building energy efficiency and to facilitate widespread use of the labeling program established under this section. CommentsClose CommentsPermalink

(k) Definitions- In this section: CommentsClose CommentsPermalink

(1) BUILDING TYPE- The term ‘building type’ means a grouping of buildings as identified by their principal building activities, or as grouped by their use, including office buildings, laboratories, libraries, data centers, retail establishments, hotels, warehouses, and educational buildings. CommentsClose CommentsPermalink

(2) MEASUREMENT PROTOCOL- The term ‘measurement protocol’ means the methodology, prescribed by the Administrator, for defining a benchmark for building energy performance for a specific building type and for measuring that performance against the benchmark. CommentsClose CommentsPermalink

(3) ACHIEVED PERFORMANCE- The term ‘achieved performance’ means the actual energy consumption of a building as compared to a baseline building of the same type and size, determined by actual consumption data normalized for appropriate variables. CommentsClose CommentsPermalink

(4) DESIGNED PERFORMANCE- The term ‘designed performance’ means the energy consumption performance a building would achieve if operated consistent with its design intent for building energy use, utilizing a standardized set of operational conditions informed by data collected or confirmed during an energy audit. CommentsClose CommentsPermalink

(l) Authorization of Appropriations- There are authorized to be appropriated-- CommentsClose CommentsPermalink

(1) to the Administrator $50,000,000 for implementation of this section for each fiscal year from 2010 through 2020; and CommentsClose CommentsPermalink

(2) to the Secretary of Energy $20,000,000 for implementation of this section for fiscal year 2010 and $10,000,000 for fiscal years 2011 through 2020. CommentsClose CommentsPermalink

Do you know the 'Energy Star' rating system for appliances? Well, this is a proposal that would rate and label homes in a similar manner. It would give consumers a standard yardstick by which they could judge the home based on energy usage. It is a labeling program, not a program mandating anyone to do anything other than have an energy evaluation of the home conducted and included in the property description. It is as free market a solution for improving building efficiency as could possibly be devised.

evaluation would be done and who would pay for it?

And is this a requirement for previously owned homes or just new builds?

It directs the DOE, in consultation with the building and real estate industry, to develop and implement the system. Look up the history of the Energy Star program and you'll get an idea of how that is done. There are two basic ways to approach the goal of upgrading old technologies; you can mandate specific minimum standards, or you can use market forces directed at creating a change.

Mandates are usually used only as a last resort in areas where you want to promote technological change, since they generally lock in an existing technology. If it is done properly, making the energy usage information available to consumers is a way of bringing that aspect of home ownership into focus for consumers in a way that encourages rapid adoption of technologies that will have the best benefit/cost ratio. The results of the Energy Star program (one of the first examples of a market based conservation program) have far exceeded original expectations.

The evaluation will probably be done by a licensed specialist trained to do an energy audit on homes (one of the new green tech jobs). I'd imagine it will include not only the current status, but also areas where improvements could be made. Again guessing, I'd think they would rate the improvements by some sort of level of difficulty or expense in order to identify the low hanging fruit. That will result in a pretty large decrease in energy usage for very little investment (and there are programs to help offset the cost of these improvements).

The home owner or building owner will almost certainly be responsible for the cost of the energy audit and the decision about improvements would be driven by the homeowner evaluating the demand for those improvements when marketing their real estate.

It will apply to all homes and buildings. Much of this section is devoted to various triggers that would require an audit to be done - things like selling the home or making major improvements in the various systems of the building.

To understand a problem you need data, and that looks to be one of the primary objectives of the program; to more accurately understand our current status. This information will give individual homeowners, buyers, communities, researchers and businesses a much better idea of where their resources are best invested.

able to do an energy audit on every home put up for sale.

Thanks for the explanation and all of the information.

And it will be just one more inspection - like termites, electrical or plumbing. It will take a while to ramp up, but it will become routine in fairly short order.