78R706 SGA-D

By:  Dukes                                                        H.B. No. 592


A BILL TO BE ENTITLED
AN ACT
relating to energy efficiency programs developed by the energy office. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2305, Government Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. TEXAS ENERGY ASSISTANCE LOAN PROGRAM
Sec. 2305.101. DEFINITIONS. In this subchapter: (1) "Cost-effective" means, with respect to an energy efficiency improvement to residential housing or a piece of agricultural equipment, an improvement in which the total cost of the improvement, including any maintenance and repair expenses, is less than the value of energy saved over the useful life of the improvement. (2) "Energy efficiency improvement" means: (A) a durable and serviceable modification to the design of a structure or piece of agricultural equipment that results in a measurable decrease in energy consumption by the structure or piece of equipment; or (B) other energy conservation measures that may be established by the energy office by rule. (3) "Energy efficiency improvement loan" means a loan that provides financing incentives for a person who uses the loan to make an energy efficiency improvement to an existing structure or piece of agricultural equipment. (4) "Energy efficiency mortgage" means a mortgage that provides financing incentives: (A) for the purchase of energy-efficient residential housing; or (B) for energy efficiency improvements to existing residential housing by incorporating the cost of the improvements into the mortgage. (5) "Program" means the Texas Energy Assistance Loan Program. (6) "Residential housing" means a structure on a residential property with one or more dwelling units. Sec. 2305.102. TEXAS ENERGY ASSISTANCE LOAN PROGRAM. (a) The energy office shall implement and maintain the Texas Energy Assistance Loan Program. (b) Under the program, the energy office shall: (1) coordinate the delivery and marketing of mortgage incentives to purchase energy-efficient residential housing and to improve the energy efficiency of existing residential housing; (2) provide training and technical assistance for: (A) persons conducting energy efficiency ratings; and (B) the energy-efficient construction, design, and remodeling of residential housing; (3) provide educational workshops or seminars on the benefits of the program for: (A) stakeholders in the program; (B) consumers of residential housing; and (C) consumers of agricultural equipment; (4) develop and purchase assessment tools, including software and monitoring equipment; (5) develop a database to track energy efficiency improvements in the state; (6) provide follow-up evaluation of homeowner responsiveness to, understanding of, and satisfaction with energy efficiency improvements; (7) conduct market penetration studies; and (8) implement: (A) projects as required by this subchapter; and (B) other initiatives that the energy office may develop to promote energy-efficient residential housing. (c) The energy office shall establish a system for monitoring and evaluating the program. (d) The energy office shall consult with other appropriate state agencies to ensure coordination and avoid duplication of activities authorized under this subchapter. (e) The energy office may adopt rules necessary to implement this subchapter. Sec. 2305.103. FUNDS. (a) The energy office shall fund projects and initiatives under this subchapter from funds available under this chapter. (b) In addition to the use of funds available under this chapter, the energy office shall maximize procurement of funds from alternative sources, including: (1) program grants available through federal agencies; (2) federal legislative appropriations available to state agency programs that promote energy efficiency in residential housing; (3) financial incentives provided through other state agencies; and (4) financial incentives provided by private and nonprofit organizations and agencies. Sec. 2305.104. VOLUNTARY PARTICIPATION. The energy office shall promote voluntary participation in the program from: (1) private lenders; (2) builders and residential contractors; (3) persons who rebuild, redevelop, repair, retrofit, or renovate structures to restore the structures' usefulness as residential housing; (4) persons who rebuild, redevelop, repair, retrofit, or renovate agricultural equipment; (5) consumers of residential housing; (6) owners of single-family and multifamily residential housing; (7) other participants in the residential housing industry; and (8) owners of agricultural equipment. Sec. 2305.105. VOLUNTARY PARTICIPATION GUIDELINES. (a) The energy office shall annually, by rule, issue voluntary participation guidelines for energy-efficient residential construction that may be used by state and local governments, utilities, builders, real estate agents, lenders, agencies in mortgage markets, and other persons as determined by the energy office, to enable and encourage the assignment of uniform energy efficiency ratings to residential housing and agricultural equipment. (b) The voluntary participation guidelines issued under Subsection (a) must: (1) establish baseline standards that are consistent with the International Energy Conservation Code for residential buildings; (2) use a scaled rating to determine the energy efficiency rating achieved by making energy efficiency improvements; (3) establish protocols and procedures for: (A) certification of the technical accuracy of energy efficiency rating tools used to determine the energy efficiency of residential housing; (B) training of personnel conducting energy efficiency ratings; (C) data collection and reporting; (D) quality control; and (E) monitoring and evaluation; (4) encourage consistency with the programs of federal or other public departments and agencies, as well as private organizations that sponsor energy efficiency mortgages and promote energy efficiency in residential housing; (5) set up a structure for the rating system that addresses local climate conditions and construction practices, solar energy collected on-site, and similar conditions that vary across the geographic regions of the state; and (6) establish procedures to ensure that residential buildings can receive an energy efficiency rating at the time of sale and that the rating is communicated to potential buyers. Sec. 2305.106. ADVISORY TASK FORCE. In developing the guidelines and procedures for the program, the energy office shall consult with an advisory task force composed of state and local agencies involved in residential housing programs, builders, building code organizations, energy efficiency organizations, utilities, real estate agents, lenders, agencies in mortgage markets, and representatives from any other appropriate industries or other interested members of the public, as determined by the energy office. Sec. 2305.107. HOMEBUYER MORTGAGE PROJECT. The energy office shall develop and implement a project design for delivering energy efficiency mortgage loans to consumers who purchase energy-efficient residential housing. The design must: (1) establish procedures for the certification of the energy efficiency of a residential structure, using the guidelines established under Section 2305.105, for a person considering the purchase of the structure with an energy efficiency mortgage; (2) identify a pool of lenders to originate the loans; (3) identify the appropriate secondary market where the energy efficiency mortgage can be transferred or sold, if necessary, to buy down the rate of the loan; (4) coordinate loan counseling services; and (5) specify a mechanism for quality control. Sec. 2305.108. ENERGY EFFICIENCY IMPROVEMENT PROJECT. The energy office shall develop and implement a project design for delivering energy efficiency improvement loans to property owners who make cost-effective energy efficiency improvements to existing residential housing. The design must: (1) identify a pool of lenders to originate the loans; (2) require a preloan audit to identify cost-effective improvements that will improve the energy efficiency of the structure; (3) identify a pool of auditors trained to perform energy efficiency inspections of residential housing; (4) coordinate the loan application process with auditor and contractor referral services; (5) specify that the auditor shall provide the property owner with a report before an energy efficiency improvement is made, including: (A) baseline building standards for the structure before the energy efficiency improvements; (B) an itemized list of recommendations for cost-effective improvements that would improve the energy efficiency of the structure; (C) the energy savings resulting from each of the improvements; (D) the environmental benefits of the improvements; (E) the costs of the recommended improvements; and (F) a rating reflecting the current energy efficiency of the structure and a rating reflecting what the energy efficiency rating would be with some or all of the recommended improvements; (6) coordinate loan counseling services; and (7) specify a mechanism for quality control. Sec. 2305.109. AGRICULTURAL EQUIPMENT MORTGAGE PROJECT. The energy office shall develop and implement a project design for delivering energy efficiency improvement loans to owners of agricultural equipment who make energy efficiency improvements to the equipment. The design must: (1) identify a pool of lenders to originate the loans; (2) require a preloan audit to identify cost-effective improvements that will improve the energy efficiency of the agricultural equipment; (3) identify a pool of auditors trained to perform energy efficiency inspections of agricultural equipment; (4) coordinate the loan application process with auditor and contractor referral services; (5) specify that the auditor shall provide the owner of the agricultural equipment with a report before an energy efficiency improvement is made, including: (A) baseline performance standards for the agricultural equipment before the energy efficiency improvements; (B) an itemized list of recommendations for cost-effective improvements that would improve the energy efficiency of the agricultural equipment; (C) the energy savings resulting from each of the improvements; (D) the environmental benefits of the improvements; (E) the costs of the recommended improvements; and (F) a rating reflecting the current energy efficiency of the agricultural equipment and a rating reflecting what the energy efficiency rating would be with some or all of the recommended improvements; (6) coordinate loan counseling services; and (7) specify a mechanism for quality control. Sec. 2305.110. HOME RATING AND MORTGAGE MARKETING PROJECT. The energy office shall develop and implement a project design for marketing the home rating system developed under Section 2305.105 and the delivery of energy efficiency mortgages and energy efficiency improvement loans. The design must specify how the comptroller of public accounts will: (1) coordinate with the United States Environmental Protection Agency to market the loans; (2) target consumers, contractors, energy auditors, lenders, realtors, and other stakeholders; and (3) establish partnerships with lenders, realtors, contractors, energy auditors, and other program partners who will benefit from a loan program referral service to help market the program. SECTION 2. (a) This Act takes effect September 1, 2003. (b) The state energy conservation office of the comptroller of public accounts shall deliver the first set of guidelines required by Section 2305.105, Government Code, as added by this Act, not later than January 1, 2004.