83R6822 SLB-F
By: Guillen H.B. No. 1522
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.