83R6822 SLB-F

By: Carona S.B. No. 617

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of energy efficiency professionals; providing penalties; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Commission of Licensing and Regulation.

(2) "Department" means the Texas Department of Licensing and Regulation.

(3) "Energy efficiency analysis, assessment, or audit" means an evaluation of the energy consumption and efficiency of a structure, including recommendations to reduce energy consumption and improve energy efficiency.

(4) "Energy efficiency report" means a report produced as a result of an energy efficiency analysis, assessment, or audit.

(5) "HVAC system" means a structure's heating, ventilation, and air conditioning system.

(6) "Registered energy efficiency professional" means a person who is registered with the department under this chapter.

Sec. 1307.002. APPLICABILITY. (a) This chapter applies to an energy efficiency audit performed on a residential structure.

(b) A registered energy efficiency professional who performs an energy efficiency analysis, assessment, or audit and produces an energy efficiency report is not engaged in air conditioning and refrigeration contracting as defined by Section 1302.002 if a component of the energy efficiency analysis, assessment, or audit relating to an air conditioning and refrigeration system is performed in accordance with the latest version of the applicable federal and state standards.

Sec. 1307.003. EXEMPTIONS. (a) This chapter does not apply to a person who:

(1) is licensed as an engineer under Chapter 1001;

(2) performs air conditioning and refrigeration contracting work in the scope of the person's employment; and

(3) does not engage in air conditioning and refrigeration contracting work for the public.

(b) A person is not required to be registered under this chapter if the person is working under the direct supervision of a registered energy efficiency professional who is physically present on the premises where the work is performed.

SUBCHAPTER B. REGULATION OF ENERGY EFFICIENCY ANALYSES,

ASSESSMENTS, AND AUDITS

Sec. 1307.051. RULES. (a) The commission by rule shall establish:

(1) the form and content of the required application for registration under this chapter;

(2) an application fee for registration under this chapter;

(3) insurance requirements for a registered energy efficiency professional, which must be similar to the requirements for the holder of an air conditioning and refrigeration contractor license described by Section 1302.253(c);

(4) standards of conduct for a registered energy efficiency professional; and

(5) other rules necessary for the administration of this chapter.

(b) The commission may not:

(1) require an applicant or person registered under this chapter to post a bond; or

(2) establish minimum education requirements for an applicant for registration under this chapter, except as otherwise provided in this chapter.

Sec. 1307.052. CONDUCTING ENERGY EFFICIENCY ANALYSES, ASSESSMENTS, AND AUDITS. An energy efficiency analysis, assessment, or audit may include:

(1) the inspection, testing, investigation, or surveying of a structure to evaluate, measure, or quantify the structure's energy consumption and efficiency, including:

(A) verification of the structure's HVAC system;

(B) inspection of the integrity of the building envelope, including air leakage, durability, and insulation; and

(C) inspection and evaluation of the efficiency of the structure's lighting, electronics, and appliances; and

(2) recommendations to improve the efficiency of an item or system inspected or evaluated under Subdivision (1).

Sec. 1307.053. REQUIRED DISCLOSURES. An energy efficiency report that contains a recommendation regarding an HVAC system must contain the following disclosure in a type not smaller than 12 points: "Final HVAC system design and installation must be performed by a licensed air conditioning and refrigeration contractor in accordance with Chapter 1302, Texas Occupations Code. All HVAC design recommendations in this report are based on the standards of applicable Air Conditioning Contractors of America Manuals and may vary depending on the equipment manufacturer, final designer, and design layout."

Sec. 1307.054. LIST OF REGISTERED ENERGY EFFICIENCY PROFESSIONALS. The department shall maintain a list of all persons registered under this chapter.

SUBCHAPTER C. REGISTRATION

Sec. 1307.101. REGISTRATION REQUIRED. A person may not perform an energy efficiency analysis, assessment, or audit or produce an energy efficiency report on a residential structure unless the person is registered by the department as a registered energy efficiency professional.

Sec. 1307.102. QUALIFICATIONS; TERM OF REGISTRATION. (a) The department shall register an applicant who:

(1) obtains a certification through an applicable training and certification program accredited by a state or national regulating body;

(2) completes at least five residential energy efficiency analyses, assessments, or audits under the supervision of a registered energy efficiency professional;

(3) demonstrates proof of:

(A) good standing with an organization that has certified the applicant under Subdivision (1); and

(B) insurance as required by the commission; and

(4) submits the application and fees required by the commission.

(b) Unless renewed, a registration issued under this chapter expires on the first anniversary of the date of issuance.

Sec. 1307.103. RENEWAL AND CONTINUING EDUCATION. The commission shall adopt rules for:

(1) continuing education required for registered energy efficiency professionals; and

(2) the renewal of a registration issued under this chapter.

SUBCHAPTER D. ENFORCEMENT

Sec. 1307.151. DISCIPLINARY ACTION. A person is subject to any disciplinary action that may be imposed on a license holder under Subchapter G, Chapter 51, if the person:

(1) violates this chapter or a rule adopted under this chapter; or

(2) obtains a registration by fraud or false representation.

Sec. 1307.152. ADMINISTRATIVE PENALTY. The department may impose an administrative penalty in the manner provided by Subchapter F, Chapter 51, on a person if the person:

(1) violates this chapter or a rule adopted under this chapter; or

(2) obtains a registration by fraud or false representation.

Sec. 1307.153. CEASE AND DESIST; CIVIL PENALTY; INJUNCTION. (a) The department may issue a cease and desist order if the department determines that an order is necessary to:

(1) prevent a violation of this chapter; or

(2) protect the public health and safety.

(b) The attorney general or the department under this subchapter may institute an action for an injunction or a civil penalty as provided by Section 51.352.

SECTION 2. (a) Not later than November 1, 2013, the Texas Commission of Licensing and Regulation shall adopt rules required by Chapter 1307, Occupations Code, as added by this Act.

(b) Notwithstanding Chapter 1307, Occupations Code, as added by this Act, an energy efficiency professional is not required to hold a certificate of registration under that chapter to perform an energy efficiency analysis, assessment, or audit or to produce an energy efficiency report until January 1, 2014.

SECTION 3. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2013.

(b) Section 1307.101, Occupations Code, as added by this Act, takes effect January 1, 2014.