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Texas Senate Bill SB617

Texas 2013 - 83rd Regular

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11 83R26009 SLB-D
22 By: Carona S.B. No. 617
33 (Guillen)
44 Substitute the following for S.B. No. 617: No.
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the regulation of energy efficiency professionals;
1010 providing penalties; authorizing fees.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Title 8, Occupations Code, is amended by adding
1313 Chapter 1307 to read as follows:
1414 CHAPTER 1307. ENERGY EFFICIENCY PROFESSIONALS
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 1307.001. SHORT TITLE. This chapter may be cited as
1717 the Energy Efficiency Professionals Act.
1818 Sec. 1307.002. DEFINITIONS. In this chapter:
1919 (1) "ACCA" means the Air Conditioning Contractors of
2020 America.
2121 (2) "Commission" means the Texas Commission of
2222 Licensing and Regulation.
2323 (3) "Covered premises" means a new home, existing
2424 home, or light commercial building.
2525 (4) "Department" means the Texas Department of
2626 Licensing and Regulation.
2727 (5) "Direct, on-site supervision" means supervision
2828 by an energy efficiency professional who is physically present on
2929 the premises where the work is performed at the time the work is
3030 performed.
3131 (6) "Energy efficiency evaluation" means an analysis,
3232 assessment, or audit of the energy consumption and efficiency of a
3333 building.
3434 (7) "Energy efficiency evaluation training or
3535 certification program" means a program accredited by a state or
3636 national organization that trains or certifies individuals to
3737 perform energy efficiency evaluations for covered premises.
3838 (8) "Energy efficiency professional" means an
3939 individual who is registered with the department under this
4040 chapter.
4141 (9) "Energy efficiency report" means a report or any
4242 recommendations provided to a consumer or building owner based on
4343 an energy efficiency evaluation.
4444 (10) "Environmental air conditioning" has the meaning
4545 assigned by Section 1302.002.
4646 (11) "Executive director" means the executive
4747 director of the department.
4848 (12) "Existing home" means a residential building that
4949 was built for the purpose of housing an individual and is occupied
5050 or has been previously occupied.
5151 (13) "HVAC system" means a building's heating,
5252 ventilation, and air conditioning system.
5353 (14) "HVAC system design training program" means a
5454 program accredited by a state or national organization that trains
5555 individuals with regard to or certifies that individuals have the
5656 skills necessary for:
5757 (A) application of the material covered by the
5858 ACCA manuals B, D, H, J, N, S, and T, as those manuals existed on
5959 September 1, 2013, and the ACCA Standard 9, as that standard existed
6060 on September 1, 2013; and
6161 (B) making HVAC system design recommendations
6262 for covered premises.
6363 (15) "Light commercial building" means a commercial
6464 building that:
6565 (A) is three stories or less in height; and
6666 (B) uses an HVAC system with a unit having a size
6767 of five tons or 60,000 British thermal units per hour or less.
6868 (16) "New home" means a residential building that was
6969 built for the purpose of housing an individual and is not occupied
7070 and has not been previously occupied.
7171 (17) "Performance testing" means the physical testing
7272 methodologies used in diagnosing or determining the conditions of a
7373 building, including the following as prescribed by commission rule:
7474 (A) the use of a blower door or duct leakage
7575 testing device;
7676 (B) duct system leakage, air flow, and balance;
7777 (C) humidity readings;
7878 (D) static pressures;
7979 (E) thermal imaging;
8080 (F) supply and return temperature;
8181 (G) combustion safety; and
8282 (H) noninvasive refrigerant pressure readings.
8383 (18) "Process cooling or heating" has the meaning
8484 assigned by Section 1302.002.
8585 Sec. 1307.003. APPLICABILITY. (a) This chapter applies
8686 to:
8787 (1) an energy efficiency evaluation performed on a
8888 covered premises;
8989 (2) an energy efficiency report based on an energy
9090 efficiency evaluation described by Subdivision (1); and
9191 (3) a recommendation made as a result of an energy
9292 efficiency evaluation.
9393 (b) A registered energy efficiency professional who
9494 performs an energy efficiency evaluation and produces an energy
9595 efficiency report or provides HVAC system design recommendations is
9696 not engaged in air conditioning and refrigeration contracting as
9797 defined by Section 1302.002.
9898 Sec. 1307.004. EXEMPTIONS. (a) This chapter does not apply
9999 to an individual who is licensed or registered under Chapter 1302
100100 and who performs an energy efficiency evaluation, provides an
101101 energy efficiency report, or provides an HVAC system design
102102 recommendation within the scope of the individual's license or
103103 registration.
104104 (b) This chapter does not apply to an individual who
105105 performs an energy efficiency evaluation, provides an energy
106106 efficiency report, or provides an HVAC system design recommendation
107107 and who is licensed as or who is employed by an individual who is
108108 licensed as:
109109 (1) an engineer under Chapter 1001; or
110110 (2) an architect under Chapter 1051.
111111 (c) This chapter does not apply to an individual who is
112112 employed by an electric utility, power generation company, retail
113113 electric provider, electric cooperative, or municipally owned
114114 utility and who performs an energy efficiency evaluation related to
115115 or in connection with the business in which the individual is
116116 employed.
117117 (d) This chapter does not apply to an individual who is
118118 employed by a utility program management firm for the purpose of
119119 performing program quality assurance and who performs an energy
120120 efficiency evaluation related to or in connection with the business
121121 in which the individual is employed.
122122 (e) This chapter does not apply to a building code
123123 compliance inspector who reviews or inspects a building for
124124 building code compliance in the scope of the individual's
125125 employment or contract while employed by or under contract with a
126126 local governmental entity or building contractor.
127127 (f) An individual is not required to be registered under
128128 this chapter if the individual is working under the direct, on-site
129129 supervision of an energy efficiency professional.
130130 (g) An exemption under this section does not exempt an
131131 individual from complying with the requirements of Chapter 1302.
132132 (h) An individual who is otherwise exempt under this section
133133 and who performs or offers to perform an energy efficiency
134134 evaluation, provides an energy efficiency report, or provides HVAC
135135 system design recommendations for the public outside the scope of
136136 the applicable exemption under this section is required to obtain a
137137 registration under this chapter.
138138 SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
139139 Sec. 1307.051. RULES. The commission shall adopt rules
140140 providing for:
141141 (1) the requirements for registration, registration
142142 renewal, and reinstatement of a registration issued under this
143143 chapter;
144144 (2) the requirements for obtaining and renewing
145145 endorsements on a registration issued under this chapter;
146146 (3) the standards of conduct for an energy efficiency
147147 professional;
148148 (4) the criteria for recognizing an energy efficiency
149149 evaluation training and certification program;
150150 (5) the criteria for recognizing HVAC system design
151151 training programs;
152152 (6) the applicable standards for:
153153 (A) conducting energy efficiency evaluations;
154154 (B) providing energy efficiency reports; and
155155 (C) providing HVAC design recommendations;
156156 (7) fees reasonable and necessary to administer this
157157 chapter; and
158158 (8) other rules necessary for the implementation and
159159 administration of this chapter.
160160 Sec. 1307.052. INSURANCE REQUIREMENTS. (a) The commission
161161 by rule shall establish minimum general liability insurance
162162 requirements for an energy efficiency professional.
163163 (b) An energy efficiency professional must maintain
164164 insurance as prescribed by commission rule during the entire term
165165 of the person's registration.
166166 (c) The general liability insurance required by this
167167 section must be obtained from an insurer authorized to engage in the
168168 business of insurance in this state or from an eligible surplus
169169 lines insurer, as defined by Section 981.002, Insurance Code.
170170 Sec. 1307.053. LIST OF RECOGNIZED PROGRAMS. The department
171171 shall maintain and make available to the public a list of:
172172 (1) energy efficiency evaluation training or
173173 certification programs recognized by the department; and
174174 (2) HVAC system design training programs recognized by
175175 the department.
176176 Sec. 1307.054. LIST OF ENERGY EFFICIENCY PROFESSIONALS.
177177 The department shall maintain and make available to the public a
178178 directory of all individuals registered under this chapter.
179179 Sec. 1307.055. CRIMINAL BACKGROUND CHECKS. The department
180180 may, as permitted by law:
181181 (1) examine any criminal conviction, guilty plea, or
182182 deferred adjudication of an applicant for the issuance or renewal
183183 of a registration issued under this chapter; and
184184 (2) obtain any criminal history record information of
185185 the applicant.
186186 SUBCHAPTER C. REGISTRATION
187187 Sec. 1307.101. REGISTRATION REQUIRED. An individual may
188188 not perform or offer to perform an energy efficiency evaluation,
189189 provide an energy efficiency report, or provide a recommendation
190190 regarding HVAC system design on covered premises unless the
191191 individual is registered by the department as an energy efficiency
192192 professional.
193193 Sec. 1307.102. QUALIFICATIONS; TERM OF REGISTRATION. (a)
194194 The department shall register an applicant who:
195195 (1) holds an appropriate certification from an energy
196196 efficiency evaluation training or certification program recognized
197197 by the department;
198198 (2) performs at least five energy efficiency
199199 evaluations:
200200 (A) as part of the recognized training or
201201 certification program under Subdivision (1); or
202202 (B) under the direct, on-site supervision of an
203203 energy efficiency professional;
204204 (3) demonstrates proof of insurance as required by
205205 commission rule;
206206 (4) submits the application and fees required by the
207207 commission; and
208208 (5) passes a criminal history record information
209209 check.
210210 (b) The department may credit toward the requirement of
211211 Subsection (a)(2) an applicant's verified experience in performing
212212 energy efficiency evaluations earned while working in another
213213 jurisdiction, during military training or service, or through other
214214 experience as determined by the executive director.
215215 (c) A registration issued under this chapter expires on the
216216 first anniversary of the date the registration was issued.
217217 (d) An energy efficiency professional shall maintain the
218218 certification described by Subsection (a)(1) in good standing in
219219 order to retain a registration issued under this chapter.
220220 Sec. 1307.103. ENDORSEMENT REQUIRED. An energy efficiency
221221 professional may not perform an energy efficiency evaluation,
222222 provide an energy efficiency report, or provide recommendations for
223223 a type of covered premises for which the registration holder does
224224 not hold an endorsement.
225225 Sec. 1307.104. PREMISES ENDORSEMENTS. (a) The department
226226 may issue a premises endorsement to a registration issued under
227227 this chapter based on a certification that satisfies the
228228 requirement of Section 1307.102(a)(1).
229229 (b) A registration must be endorsed with one or more of the
230230 following premises endorsements:
231231 (1) new home;
232232 (2) existing home; or
233233 (3) light commercial building.
234234 (c) The premises endorsement allows the holder to perform an
235235 energy efficiency evaluation or provide an energy efficiency report
236236 for the type of covered premises listed on the endorsement.
237237 Sec. 1307.105. HVAC SYSTEM DESIGN ENDORSEMENT. The HVAC
238238 system design endorsement allows the holder to provide
239239 recommendations regarding the HVAC system design of covered
240240 premises. The department may issue an HVAC system design
241241 endorsement to a registration holder if the holder:
242242 (1) satisfies the requirement of Section
243243 1307.102(a)(1);
244244 (2) provides proof that the applicant has successfully
245245 completed at least 60 hours of training from an HVAC design training
246246 program recognized by the department; and
247247 (3) has been issued a premises endorsement under
248248 Section 1307.104(b).
249249 Sec. 1307.106. RENEWAL OF REGISTRATION AND ENDORSEMENTS.
250250 An energy efficiency professional may renew a registration or
251251 endorsement issued under this chapter by completing the
252252 registration and endorsement renewal requirements, including the
253253 payment of a required fee, established by commission rule.
254254 SUBCHAPTER D. PRACTICE OF ENERGY EFFICIENCY PROFESSIONALS
255255 Sec. 1307.151. SCOPE OF PRACTICE. (a) An energy efficiency
256256 professional shall conduct an energy efficiency evaluation for a
257257 covered premises consistent with the scope of the energy efficiency
258258 professional's registration and endorsements and the applicable
259259 standards for performing energy efficiency evaluations.
260260 (b) An energy efficiency professional shall provide an
261261 energy efficiency report to a consumer based on the information
262262 discovered in an energy efficiency evaluation and consistent with
263263 the energy efficiency professional's registration and
264264 endorsements.
265265 (c) An energy efficiency professional shall provide
266266 recommendations regarding HVAC system design consistent with the
267267 energy efficiency professional's registration and endorsements and
268268 based on the ACCA manuals, as applicable.
269269 Sec. 1307.152. CONDUCTING ENERGY EFFICIENCY EVALUATIONS.
270270 (a) An energy efficiency evaluation may include the inspection,
271271 testing, investigation, or surveying of a building to evaluate,
272272 measure, or quantify the building's energy consumption and
273273 efficiency, including:
274274 (1) verification of the building's HVAC system;
275275 (2) inspection of the integrity of the building
276276 envelope, including air leakage, durability, and insulation;
277277 (3) inspection and evaluation of the efficiency of the
278278 building's lighting, electronics, and appliances; and
279279 (4) performance testing.
280280 (b) The following are the minimum standards applicable to an
281281 energy efficiency evaluation:
282282 (1) the International Energy Conservation Code, as
283283 adopted by the International Code Council and the State Energy
284284 Conservation Office under Section 388.003, Health and Safety Code;
285285 (2) the International Residential Code, Chapter 11,
286286 for One- and Two-Family Dwellings, as adopted by the International
287287 Code Council and the State Energy Conservation Office under Section
288288 388.003, Health and Safety Code;
289289 (3) the Residential Energy Services Network Mortgage
290290 Industry National Home Energy Rating Systems Standards, Chapters 3,
291291 6, 7, 8, 9, and 10, as those chapters existed on September 1, 2013;
292292 (4) ACCA Standards 5, 9, and 12, as those standards
293293 existed on September 1, 2013;
294294 (5) the residential environmental air conditioning
295295 system design standards under ACCA manuals B, D, H, J, N, S, and T,
296296 as those standards existed on September 1, 2013;
297297 (6) the Texas Home Energy Rating Organization's Texas
298298 Home Energy Audit Technical Standard, as that standard existed on
299299 September 1, 2013;
300300 (7) the Building Performance Institute, Inc., Home
301301 Energy Auditing Standard, as that standard existed on September 1,
302302 2013; and
303303 (8) the American Society of Heating, Refrigerating,
304304 and Air Conditioning Engineers Procedures for Commercial Building
305305 Energy Audits Levels I and II, as those procedures existed on
306306 September 1, 2013.
307307 (c) The commission by rule may review and adopt any
308308 subsequent revisions or replacements to the standards under
309309 Subsection (b) if the commission determines that adoption of the
310310 revision or replacement is in the best interest of the public
311311 health, safety, or welfare.
312312 (d) The commission by rule may review and adopt any other
313313 standards for performing energy efficiency evaluations for covered
314314 premises if the commission determines that adoption of the standard
315315 is in the best interest of the public health, safety, or welfare.
316316 (e) The commission by rule shall identify whether the
317317 standards under this section are applicable to new homes, existing
318318 homes, or light commercial buildings.
319319 Sec. 1307.153. ACCESS TO ELECTRICAL PANELS. (a) An energy
320320 efficiency professional may open electrical panels and connect
321321 temporary measurement or monitoring devices as needed in order to
322322 test efficiency and capacity.
323323 (b) An energy efficiency professional shall make an
324324 electrical connection described by Subsection (a) in accordance
325325 with standards at least as stringent as the National Electrical
326326 Code as adopted under Chapter 1305.
327327 Sec. 1307.154. FLUE GAS PIPE TESTING. An energy efficiency
328328 professional may test flue gas piping for environmental air
329329 conditioning, commercial refrigeration, or process cooling or
330330 heating systems for flue gas concentration, spillage, and draft in
331331 accordance with standards adopted under this chapter.
332332 Sec. 1307.155. REQUIRED DISCLOSURES. (a) An energy
333333 efficiency report that contains a recommendation regarding an HVAC
334334 system must contain the following disclosure in at least 12-point
335335 type: "Final HVAC system design and installation must be performed
336336 by a licensed air conditioning and refrigeration contractor in
337337 accordance with Chapter 1302, Texas Occupations Code. Design
338338 recommendations may vary depending on the equipment manufacturer,
339339 final designer, and design layout."
340340 (b) An energy efficiency report that includes
341341 recommendations for repairs, modifications, or other improvements
342342 in which the energy efficiency professional or an individual
343343 associated with the energy efficiency professional has a financial
344344 interest must include the following disclosure in at least 12-point
345345 type: "Recommendations in this report are made by an energy
346346 efficiency professional with a potential financial interest in the
347347 installation, repair, or general construction of energy efficiency
348348 improvement measures contained in this report."
349349 SUBCHAPTER E. ENFORCEMENT
350350 Sec. 1307.201. PROHIBITED PRACTICES. An individual
351351 registered under this chapter may not perform, offer to perform, or
352352 attempt to perform an act that is:
353353 (1) defined as the practice of engineering under
354354 Chapter 1001, unless the individual holds a license under that
355355 chapter; or
356356 (2) defined as the practice of architecture under
357357 Chapter 1051, unless the individual holds a license under that
358358 chapter.
359359 Sec. 1307.202. DISCIPLINARY ACTION. A person is subject to
360360 any disciplinary action that may be imposed on a license holder
361361 under Subchapter G, Chapter 51, if the person:
362362 (1) violates this chapter or a rule adopted under this
363363 chapter; or
364364 (2) obtains a registration by fraud or false
365365 representation.
366366 Sec. 1307.203. ADMINISTRATIVE SANCTIONS. The commission or
367367 executive director may impose a sanction under Subchapter G,
368368 Chapter 51, on a registration holder if the individual violates
369369 this chapter, a rule adopted under this chapter, or an order of the
370370 commission or executive director.
371371 Sec. 1307.204. ADMINISTRATIVE PENALTY. The commission or
372372 executive director may impose an administrative penalty in the
373373 manner provided by Subchapter F, Chapter 51, on a person if the
374374 person violates:
375375 (1) this chapter or a rule adopted under this chapter;
376376 or
377377 (2) an order of the commission or executive director.
378378 Sec. 1307.205. CEASE AND DESIST; CIVIL PENALTY; INJUNCTION.
379379 (a) The executive director may issue a cease and desist order if
380380 the executive director determines that an order is necessary to:
381381 (1) prevent a violation of this chapter or a rule
382382 adopted under this chapter; or
383383 (2) protect the public health and safety.
384384 (b) The attorney general or the executive director may
385385 institute an action for an injunction or a civil penalty as provided
386386 by Section 51.352.
387387 SUBCHAPTER F. INITIAL REGISTRATION
388388 Sec. 1307.251. INITIAL REGISTRATION. The department shall
389389 issue a registration as an energy efficiency professional to a
390390 qualified applicant who:
391391 (1) submits an application to the department not later
392392 than September 1, 2014;
393393 (2) submits evidence satisfactory to the department
394394 that the applicant has been actively engaged in performing energy
395395 efficiency evaluations for at least 36 months; and
396396 (3) complies with the registration requirements under
397397 Section 1307.102, other than Section 1307.102(a)(2).
398398 Sec. 1307.252. ENDORSEMENT OF INITIAL REGISTRATION. (a)
399399 The department shall issue an appropriate endorsement for a
400400 specific covered premises to an individual holding a registration
401401 issued under this subchapter.
402402 (b) The commission shall adopt rules to determine which
403403 endorsement an individual holding a registration issued under this
404404 subchapter shall be issued based on the certification and training
405405 of the registration holder.
406406 Sec. 1307.253. TERM. A registration issued under this
407407 subchapter expires on the first anniversary of the date the
408408 registration was issued.
409409 Sec. 1307.254. REQUIREMENT TO MAINTAIN CERTIFICATION. An
410410 energy efficiency professional shall maintain the certification
411411 required by Section 1307.102(a)(1) in good standing in order to
412412 retain a registration issued under this subchapter.
413413 Sec. 1307.255. EXPIRATION OF SUBCHAPTER. This subchapter
414414 expires January 1, 2015.
415415 SECTION 2. Not later than March 1, 2014, the Texas
416416 Commission of Licensing and Regulation shall adopt rules required
417417 by Chapter 1307, Occupations Code, as added by this Act.
418418 SECTION 3. (a) Except as provided by Subsection (b) of this
419419 section, this Act takes effect September 1, 2013.
420420 (b) Section 1307.101 and Subchapters D and E, Chapter 1307,
421421 Occupations Code, as added by this Act, take effect September 1,
422422 2014.