SECTION 1. Title 8,
Occupations Code, is amended by adding Chapter 1307 to read as follows:
CHAPTER 1307. ENERGY
EFFICIENCY PROFESSIONALS
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 1307.001. SHORT
TITLE. This chapter may be cited as the Energy Efficiency Professionals
Act.
Sec. 1307.002.
DEFINITIONS. In this chapter:
(1) "ACCA"
means the Air Conditioning Contractors of America.
(2) "ANSI" means the American National Standards
Institute.
(3)
"Commission" means the Texas Commission of Licensing and
Regulation.
(4) "Covered
premises" means a new home, existing home, or light commercial
building.
(5)
"Department" means the Texas Department of Licensing and
Regulation.
(6) "Direct, on-site
supervision" means supervision by an energy efficiency professional
who is physically present on the premises where the work is performed at
the time the work is performed.
(7) "Energy
efficiency evaluation" means an analysis, assessment, or audit of the
energy consumption and efficiency of a building.
(8) "Energy
efficiency evaluation training or certification program" means a
program accredited by a state or national organization that trains or
certifies individuals to perform energy efficiency evaluations for covered
premises.
(9) "Energy
efficiency professional" means an individual who is registered with
the department under this chapter.
(10) "Energy
efficiency report" means a report or any recommendations provided to a
consumer or building owner based on an energy efficiency evaluation.
(11) "Environmental
air conditioning" has the meaning assigned by Section 1302.002.
(12) "Executive
director" means the executive director of the department.
(13) "Existing
home" means a residential building that was built for the purpose of
housing an individual and is occupied or has been previously occupied.
(14) "HVAC
system" means a building's heating, ventilation, and air conditioning
system.
(15) "HVAC system
design training program" means a program accredited by a state or
national organization that trains individuals on:
(A) the material covered
by the ACCA manuals D, J, N, S, and T, as those manuals existed on
September 1, 2013, and the ANSI/ACCA 5
Standard, as that standard existed on September 1, 2013; and
(B) making HVAC system
design recommendations for covered premises.
(16) "Light
commercial building" means a commercial building that:
(A) is three stories or
less in height; and
(B) uses an HVAC system
with a unit having a size of five tons or 60,000 British thermal units per
hour or less.
(17) "New home"
means a residential building that was built for the purpose of housing an
individual and is not occupied and has not been previously occupied.
(18) "Performance
testing" means the physical testing methodologies used in diagnosing
or determining the conditions of a building, including:
(A) the condition of a blower door or duct blower;
(B) duct system leakage,
air flow, and balance;
(C) humidity readings;
(D) static pressures;
(E) thermal imaging;
(F) supply and return temperature;
(G) combustion safety;
and
(H) noninvasive
refrigerant pressure readings.
(19) "Process
cooling or heating" has the meaning assigned by Section 1302.002.
Sec. 1307.003.
APPLICABILITY. (a) This chapter applies to:
(1) an energy efficiency
evaluation performed on a covered premises;
(2) an energy efficiency
report based on an energy efficiency evaluation described by Subdivision
(1); and
(3) a recommendation made
as a result of an energy efficiency evaluation.
(b) A registered energy
efficiency professional who performs an energy efficiency evaluation and
produces an energy efficiency report or provides HVAC system design
recommendations is not engaged in air conditioning and refrigeration
contracting as defined by Section 1302.002.
Sec. 1307.004.
EXEMPTIONS. (a)
This chapter does not
apply to an individual who performs an energy efficiency evaluation,
provides an energy efficiency report, or makes an HVAC system design
recommendation and who:
(1) is licensed as or
employed by:
(A) an engineer licensed
under Chapter 1001;
(B) an architect licensed
under Chapter 1051; or
(C) an air conditioning
and refrigeration contractor licensed under Chapter 1302; or
(2) is employed by:
(A) an electric utility,
power generation company, retail electric provider, electric cooperative,
or municipally owned utility; or
(B) a utility program
management firm for the purposes of performing quality assurance.
(b) An individual is not
required to be registered under this chapter if the individual is working
under the direct, on-site supervision of an energy efficiency professional.
(c) An exemption under
this section does not exempt an individual from complying with the
requirements of Chapter 1302.
(d) An individual who is
otherwise exempt under this section is required to obtain a registration
under this chapter if the individual performs or offers to perform an
energy efficiency evaluation, provides an energy efficiency report, or makes
HVAC system design recommendations for the public not in the scope of the individual's
employment.
(e) This chapter does not
apply to a building code compliance inspector who reviews or inspects a
building for building code compliance in the scope of the individual's
employment or contract while employed by or under contract with a local
governmental entity or building contractor.
SUBCHAPTER B. POWERS AND
DUTIES OF COMMISSION AND DEPARTMENT
Sec. 1307.051. RULES.
Sec. 1307.052. INSURANCE
REQUIREMENTS. (a) The commission by rule shall establish minimum general
liability insurance requirements for an energy efficiency professional.
(b) An energy efficiency
professional must maintain insurance as prescribed by commission rule
during the entire term of the person's registration.
Sec. 1307.053. LIST OF
RECOGNIZED PROGRAMS.
Sec. 1307.054. LIST OF
ENERGY EFFICIENCY PROFESSIONALS.
Sec. 1307.055. CRIMINAL
BACKGROUND CHECKS.
SUBCHAPTER C.
REGISTRATION
Sec. 1307.101.
REGISTRATION REQUIRED.
Sec. 1307.102.
QUALIFICATIONS; TERM OF REGISTRATION. (a) The department shall register
an applicant who:
(1) holds an appropriate
certification from an energy efficiency evaluation training or
certification program recognized by the department;
(2) performs at least
five energy efficiency evaluations under the direct, on-site supervision of
an energy efficiency professional;
(3) demonstrates proof
of:
(A) completion of an HVAC system design training program, if
applicable; and
(B) insurance as required
by commission rule;
(4) submits the
application and fees required by the commission; and
(5) passes a criminal
history record information check.
(b) The department may
credit towards the requirement of Subsection (a)(2) an applicant's verified
experience in performing energy efficiency evaluations earned while working
in another jurisdiction, during military training or service, or through
other experience as determined by the executive director.
(c) A registration issued
under this chapter expires on the first anniversary of the date the
registration was issued.
(d) An energy efficiency
professional shall maintain the certification described by Subsection
(a)(1) in good standing in order to retain a registration issued under this
chapter.
Sec. 1307.103.
ENDORSEMENT REQUIRED.
Sec. 1307.104. PREMISES
ENDORSEMENTS.
Sec. 1307.105. HVAC
SYSTEM DESIGN ENDORSEMENT. The HVAC system design endorsement allows the
holder to provide recommendations regarding the HVAC system design of
covered premises. The department may issue an HVAC system design
endorsement to a registration holder if the holder:
(1) satisfies the
requirement of Section 1307.102(a)(1);
(2) provides proof that
the applicant has successfully completed at least 80 hours of training from an HVAC design training program recognized
by the department; and
(3) has been issued a
premises endorsement under Section 1307.104(b).
Sec. 1307.106. RENEWAL OF
REGISTRATION AND ENDORSEMENTS.
SUBCHAPTER D. PRACTICE OF
ENERGY EFFICIENCY PROFESSIONALS
Sec. 1307.151. SCOPE OF
PRACTICE. (a) An energy efficiency professional shall conduct an energy
efficiency evaluation for a covered premises consistent with the scope of
the energy efficiency professional's registration and endorsements.
(b) An energy efficiency
professional shall provide an energy efficiency report to a consumer based
on the information discovered in an energy efficiency evaluation and
consistent with the energy efficiency professional's registration and
endorsements.
(c) An energy efficiency
professional shall provide recommendations regarding HVAC system design
consistent with the energy efficiency professional's registration and
endorsements and based on the ACCA manuals, as applicable.
Sec. 1307.152. CONDUCTING
ENERGY EFFICIENCY EVALUATIONS. (a) An energy efficiency evaluation may
include the inspection, testing, investigation, or surveying of a building
to evaluate, measure, or quantify the building's energy consumption and
efficiency, including:
(1) verification of the
building's HVAC system;
(2) inspection of the
integrity of the building envelope, including air leakage, durability, and
insulation;
(3) inspection and
evaluation of the efficiency of the building's lighting, electronics, and
appliances; and
(4) performance testing.
(b) The following are the
minimum standards applicable to an energy efficiency evaluation:
(1) the International
Energy Conservation Code, as adopted by the International Code Council and
the State Energy Conservation Office under Section 388.003, Health and
Safety Code;
(2) the International
Residential Code for One- and Two-Family Dwellings, Chapter 11, as adopted
by the International Code Council and the State Energy Conservation Office
under Section 388.003, Health and Safety Code;
(3) the Residential
Energy Services Network Mortgage Industry National Home Energy Rating
Systems Standards, Chapters 3, 6, 7, 8, and 9, as those chapters existed on
September 1, 2013;
(4) ANSI/ACCA Standards 5, 9, and 12, as those
standards existed on September 1, 2013;
(5) the residential
environmental air conditioning system design standards under ACCA manuals
D, J, N, S, and T, as those standards existed on September 1, 2013;
(6) the Texas Home Energy
Rating Organization's Texas Home Energy Audit Technical Standard, as that
standard existed on September 1, 2013;
(7) the Building
Performance Institute, Inc., Home Energy Auditing Standard, as that
standard existed on September 1, 2013; and
(8) the American Society
of Heating, Refrigerating, and Air-Conditioning Engineers Procedures for Commercial
Building Energy Audits, as those procedures existed on September 1, 2013.
(c) The commission by
rule may review and adopt any subsequent revisions or replacements to the
standards under Subsection (b) if the commission determines that adoption
of the revision or replacement is in the best interest of the public
health, safety, or welfare.
(d) The commission by
rule may review and adopt any other standards for performing energy
efficiency evaluations for covered premises if the commission determines
that adoption of the standard is in the best interest of the public health,
safety, or welfare.
(e) The commission by
rule shall identify whether the standards under this section are applicable
to new homes, existing homes, or light commercial buildings.
Sec. 1307.153. ACCESS TO
ELECTRICAL PANELS
Sec. 1307.154. FLUE GAS
PIPE TESTING.
Sec. 1307.155. REQUIRED
DISCLOSURES.
SUBCHAPTER E. ENFORCEMENT
Sec. 1307.201. PROHIBITED
PRACTICES.
Sec. 1307.202.
DISCIPLINARY ACTION.
Sec. 1307.203.
ADMINISTRATIVE SANCTIONS.
Sec. 1307.204.
ADMINISTRATIVE PENALTY.
Sec. 1307.205. CEASE AND
DESIST; CIVIL PENALTY; INJUNCTION.
SUBCHAPTER F. INITIAL
REGISTRATION
Sec. 1307.251. INITIAL
REGISTRATION.
Sec. 1307.252.
ENDORSEMENT OF INITIAL REGISTRATION.
Sec. 1307.253. TERM.
Sec. 1307.254.
REQUIREMENT TO MAINTAIN CERTIFICATION.
Sec. 1307.255. EXPIRATION
OF SUBCHAPTER. This subchapter expires October
1, 2015.
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SECTION 1. Title 8,
Occupations Code, is amended by adding Chapter 1307 to read as follows:
CHAPTER 1307. ENERGY
EFFICIENCY PROFESSIONALS
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 1307.001. SHORT
TITLE. This chapter may be cited as the Energy Efficiency Professionals
Act.
Sec. 1307.002.
DEFINITIONS. In this chapter:
(1) "ACCA"
means the Air Conditioning Contractors of America.
(2)
"Commission" means the Texas Commission of Licensing and
Regulation.
(3) "Covered
premises" means a new home, existing home, or light commercial
building.
(4)
"Department" means the Texas Department of Licensing and
Regulation.
(5) "Direct, on-site
supervision" means supervision by an energy efficiency professional
who is physically present on the premises where the work is performed at
the time the work is performed.
(6) "Energy
efficiency evaluation" means an analysis, assessment, or audit of the
energy consumption and efficiency of a building.
(7) "Energy
efficiency evaluation training or certification program" means a
program accredited by a state or national organization that trains or certifies
individuals to perform energy efficiency evaluations for covered premises.
(8) "Energy
efficiency professional" means an individual who is registered with
the department under this chapter.
(9) "Energy
efficiency report" means a report or any recommendations provided to a
consumer or building owner based on an energy efficiency evaluation.
(10) "Environmental
air conditioning" has the meaning assigned by Section 1302.002.
(11) "Executive
director" means the executive director of the department.
(12) "Existing
home" means a residential building that was built for the purpose of
housing an individual and is occupied or has been previously occupied.
(13) "HVAC
system" means a building's heating, ventilation, and air conditioning
system.
(14) "HVAC system
design training program" means a program accredited by a state or
national organization that trains individuals with
regard to or certifies that individuals have the skills necessary for:
(A) application of the material covered by the
ACCA manuals B, D, H, J, N, S, and T, as those manuals existed
on September 1, 2013, and the ACCA Standard 9,
as that standard existed on September 1, 2013; and
(B) making HVAC system
design recommendations for covered premises.
(15) "Light
commercial building" means a commercial building that:
(A) is three stories or
less in height; and
(B) uses an HVAC system
with a unit having a size of five tons or 60,000 British thermal units per
hour or less.
(16) "New home"
means a residential building that was built for the purpose of housing an
individual and is not occupied and has not been previously occupied.
(17) "Performance
testing" means the physical testing methodologies used in diagnosing
or determining the conditions of a building, including the following as prescribed by commission rule:
(A) the use of a blower door or duct leakage testing device;
(B) duct system leakage,
air flow, and balance;
(C) humidity readings;
(D) static pressures;
(E) thermal imaging;
(F) supply and return
temperature;
(G) combustion safety;
and
(H) noninvasive
refrigerant pressure readings.
(18) "Process
cooling or heating" has the meaning assigned by Section 1302.002.
Sec. 1307.003.
APPLICABILITY. (a) This chapter applies to:
(1) an energy efficiency
evaluation performed on a covered premises;
(2) an energy efficiency
report based on an energy efficiency evaluation described by Subdivision
(1); and
(3) a recommendation made
as a result of an energy efficiency evaluation.
(b) A registered energy
efficiency professional who performs an energy efficiency evaluation and
produces an energy efficiency report or provides HVAC system design
recommendations is not engaged in air conditioning and refrigeration
contracting as defined by Section 1302.002.
Sec. 1307.004. EXEMPTIONS.
(b) This chapter does not
apply to an individual who performs an energy efficiency evaluation,
provides an energy efficiency report, or provides an HVAC system design
recommendation and who is licensed as or who is employed by an individual
who is licensed as:
(1) an engineer under
Chapter 1001; or
(2) an architect under
Chapter 1051.
(a) This chapter does not
apply to an individual who is licensed or registered under Chapter 1302 and
who performs an energy efficiency evaluation, provides an energy efficiency
report, or provides an HVAC system design recommendation within the scope of the individual's license or
registration.
(c) This chapter does not
apply to an individual who is employed by an electric utility, power
generation company, retail electric provider, electric cooperative, or
municipally owned utility and who performs an
energy efficiency evaluation related to or in connection with the business
in which the individual is employed.
(d) This chapter does not
apply to an individual who is employed by a utility program management firm
for the purpose of performing program quality assurance and who performs an energy efficiency evaluation
related to or in connection with the business in which the individual is
employed.
(f) An individual is not
required to be registered under this chapter if the individual is working
under the direct, on-site supervision of an energy efficiency professional.
(g) An exemption under
this section does not exempt an individual from complying with the
requirements of Chapter 1302.
(h) An individual who is
otherwise exempt under this section and who performs or offers to perform
an energy efficiency evaluation, provides an energy efficiency report, or provides
HVAC system design recommendations for the public outside the scope of the
applicable exemption under this section is required to obtain a
registration under this chapter.
(e) This chapter does not
apply to a building code compliance inspector who reviews or inspects a
building for building code compliance in the scope of the individual's
employment or contract while employed by or under contract with a local
governmental entity or building contractor.
SUBCHAPTER B. POWERS AND
DUTIES OF COMMISSION AND DEPARTMENT
Sec. 1307.051. RULES.
Sec. 1307.052. INSURANCE
REQUIREMENTS. (a) The commission by rule shall establish minimum general
liability insurance requirements for an energy efficiency professional.
(b) An energy efficiency
professional must maintain insurance as prescribed by commission rule during
the entire term of the person's registration.
(c) The general liability insurance required by this section must be
obtained from an insurer authorized to engage in the business of insurance
in this state or from an eligible surplus lines insurer, as defined by
Section 981.002, Insurance Code.
Sec. 1307.053. LIST OF
RECOGNIZED PROGRAMS.
Sec. 1307.054. LIST OF
ENERGY EFFICIENCY PROFESSIONALS.
Sec. 1307.055. CRIMINAL
BACKGROUND CHECKS.
SUBCHAPTER C.
REGISTRATION
Sec. 1307.101.
REGISTRATION REQUIRED.
Sec. 1307.102.
QUALIFICATIONS; TERM OF REGISTRATION. (a) The department shall register
an applicant who:
(1) holds an appropriate
certification from an energy efficiency evaluation training or
certification program recognized by the department;
(2) performs at least
five energy efficiency evaluations:
(B) under the direct,
on-site supervision of an energy efficiency professional; or
(A) as part of the recognized training or certification program
under Subdivision (1);
(3) demonstrates proof of
insurance as required by commission rule;
(4) submits the
application and fees required by the commission; and
(5) passes a criminal
history record information check.
(b) The department may
credit toward the requirement of Subsection (a)(2) an applicant's verified
experience in performing energy efficiency evaluations earned while working
in another jurisdiction, during military training or service, or through
other experience as determined by the executive director.
(c) A registration issued
under this chapter expires on the first anniversary of the date the
registration was issued.
(d) An energy efficiency
professional shall maintain the certification described by Subsection
(a)(1) in good standing in order to retain a registration issued under this
chapter.
Sec. 1307.103.
ENDORSEMENT REQUIRED.
Sec. 1307.104. PREMISES
ENDORSEMENTS.
Sec. 1307.105. HVAC
SYSTEM DESIGN ENDORSEMENT. The HVAC system design endorsement allows the
holder to provide recommendations regarding the HVAC system design of
covered premises. The department may issue an HVAC system design
endorsement to a registration holder if the holder:
(1) satisfies the
requirement of Section 1307.102(a)(1);
(2) provides proof that
the applicant has successfully completed at least 60 hours of training from an HVAC design training program
recognized by the department; and
(3) has been issued a
premises endorsement under Section 1307.104(b).
Sec. 1307.106. RENEWAL OF
REGISTRATION AND ENDORSEMENTS.
SUBCHAPTER D. PRACTICE OF
ENERGY EFFICIENCY PROFESSIONALS
Sec. 1307.151. SCOPE OF
PRACTICE. (a) An energy efficiency professional shall conduct an energy
efficiency evaluation for a covered premises consistent with the scope of
the energy efficiency professional's registration and endorsements and the applicable standards for performing energy
efficiency evaluations.
(b) An energy efficiency
professional shall provide an energy efficiency report to a consumer based
on the information discovered in an energy efficiency evaluation and
consistent with the energy efficiency professional's registration and
endorsements.
(c) An energy efficiency
professional shall provide recommendations regarding HVAC system design
consistent with the energy efficiency professional's registration and
endorsements and based on the ACCA manuals, as applicable.
Sec. 1307.152. CONDUCTING
ENERGY EFFICIENCY EVALUATIONS. (a) An energy efficiency evaluation may
include the inspection, testing, investigation, or surveying of a building
to evaluate, measure, or quantify the building's energy consumption and
efficiency, including:
(1) verification of the
building's HVAC system;
(2) inspection of the
integrity of the building envelope, including air leakage, durability, and
insulation;
(3) inspection and evaluation
of the efficiency of the building's lighting, electronics, and appliances;
and
(4) performance testing.
(b) The following are the
minimum standards applicable to an energy efficiency evaluation:
(1) the International
Energy Conservation Code, as adopted by the International Code Council and
the State Energy Conservation Office under Section 388.003, Health and
Safety Code;
(2) the International
Residential Code, Chapter 11, for One- and Two-Family Dwellings, as adopted
by the International Code Council and the State Energy Conservation Office
under Section 388.003, Health and Safety Code;
(3) the Residential
Energy Services Network Mortgage Industry National Home Energy Rating
Systems Standards, Chapters 3, 6, 7, 8, 9, and
10, as those chapters existed on September 1, 2013;
(4) ACCA Standards 5, 9, and 12, as those
standards existed on September 1, 2013;
(5) the residential
environmental air conditioning system design standards under ACCA manuals B, D, H,
J, N, S, and T, as those standards existed on September 1, 2013;
(6) the Texas Home Energy
Rating Organization's Texas Home Energy Audit Technical Standard, as that
standard existed on September 1, 2013;
(7) the Building
Performance Institute, Inc., Home Energy Auditing Standard, as that standard
existed on September 1, 2013; and
(8) the American Society
of Heating, Refrigerating, and Air Conditioning Engineers Procedures for
Commercial Building Energy Audits Levels I
and II, as those procedures existed on September 1, 2013.
(c) The commission by
rule may review and adopt any subsequent revisions or replacements to the
standards under Subsection (b) if the commission determines that adoption
of the revision or replacement is in the best interest of the public
health, safety, or welfare.
(d) The commission by
rule may review and adopt any other standards for performing energy
efficiency evaluations for covered premises if the commission determines
that adoption of the standard is in the best interest of the public health,
safety, or welfare.
(e) The commission by
rule shall identify whether the standards under this section are applicable
to new homes, existing homes, or light commercial buildings.
Sec. 1307.153. ACCESS TO
ELECTRICAL PANELS.
Sec. 1307.154. FLUE GAS
PIPE TESTING.
Sec. 1307.155. REQUIRED
DISCLOSURES.
SUBCHAPTER E. ENFORCEMENT
Sec. 1307.201. PROHIBITED
PRACTICES.
Sec. 1307.202.
DISCIPLINARY ACTION.
Sec. 1307.203.
ADMINISTRATIVE SANCTIONS.
Sec. 1307.204.
ADMINISTRATIVE PENALTY.
Sec. 1307.205. CEASE AND
DESIST; CIVIL PENALTY; INJUNCTION.
SUBCHAPTER F. INITIAL
REGISTRATION
Sec. 1307.251. INITIAL
REGISTRATION.
Sec. 1307.252.
ENDORSEMENT OF INITIAL REGISTRATION.
Sec. 1307.253. TERM.
Sec. 1307.254.
REQUIREMENT TO MAINTAIN CERTIFICATION.
Sec. 1307.255. EXPIRATION
OF SUBCHAPTER. This subchapter expires January
1, 2015.
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