83R26009 SLB-D
By: Carona S.B. No. 617
(Guillen)
Substitute the following for S.B. No. 617: No.
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of energy efficiency professionals;
providing penalties; authorizing fees.
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. 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. (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.
(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.
(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.
(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.
(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.
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
Sec. 1307.051. RULES. The commission shall adopt rules
providing for:
(1) the requirements for registration, registration
renewal, and reinstatement of a registration issued under this
chapter;
(2) the requirements for obtaining and renewing
endorsements on a registration issued under this chapter;
(3) the standards of conduct for an energy efficiency
professional;
(4) the criteria for recognizing an energy efficiency
evaluation training and certification program;
(5) the criteria for recognizing HVAC system design
training programs;
(6) the applicable standards for:
(A) conducting energy efficiency evaluations;
(B) providing energy efficiency reports; and
(C) providing HVAC design recommendations;
(7) fees reasonable and necessary to administer this
chapter; and
(8) other rules necessary for the implementation and
administration of this chapter.
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. The department
shall maintain and make available to the public a list of:
(1) energy efficiency evaluation training or
certification programs recognized by the department; and
(2) HVAC system design training programs recognized by
the department.
Sec. 1307.054. LIST OF ENERGY EFFICIENCY PROFESSIONALS.
The department shall maintain and make available to the public a
directory of all individuals registered under this chapter.
Sec. 1307.055. CRIMINAL BACKGROUND CHECKS. The department
may, as permitted by law:
(1) examine any criminal conviction, guilty plea, or
deferred adjudication of an applicant for the issuance or renewal
of a registration issued under this chapter; and
(2) obtain any criminal history record information of
the applicant.
SUBCHAPTER C. REGISTRATION
Sec. 1307.101. REGISTRATION REQUIRED. An individual may
not perform or offer to perform an energy efficiency evaluation,
provide an energy efficiency report, or provide a recommendation
regarding HVAC system design on covered premises unless the
individual is registered by the department as an energy efficiency
professional.
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:
(A) as part of the recognized training or
certification program under Subdivision (1); or
(B) under the direct, on-site supervision of an
energy efficiency professional;
(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. An energy efficiency
professional may not perform an energy efficiency evaluation,
provide an energy efficiency report, or provide recommendations for
a type of covered premises for which the registration holder does
not hold an endorsement.
Sec. 1307.104. PREMISES ENDORSEMENTS. (a) The department
may issue a premises endorsement to a registration issued under
this chapter based on a certification that satisfies the
requirement of Section 1307.102(a)(1).
(b) A registration must be endorsed with one or more of the
following premises endorsements:
(1) new home;
(2) existing home; or
(3) light commercial building.
(c) The premises endorsement allows the holder to perform an
energy efficiency evaluation or provide an energy efficiency report
for the type of covered premises listed on the endorsement.
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.
An energy efficiency professional may renew a registration or
endorsement issued under this chapter by completing the
registration and endorsement renewal requirements, including the
payment of a required fee, established by commission rule.
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. (a) An energy
efficiency professional may open electrical panels and connect
temporary measurement or monitoring devices as needed in order to
test efficiency and capacity.
(b) An energy efficiency professional shall make an
electrical connection described by Subsection (a) in accordance
with standards at least as stringent as the National Electrical
Code as adopted under Chapter 1305.
Sec. 1307.154. FLUE GAS PIPE TESTING. An energy efficiency
professional may test flue gas piping for environmental air
conditioning, commercial refrigeration, or process cooling or
heating systems for flue gas concentration, spillage, and draft in
accordance with standards adopted under this chapter.
Sec. 1307.155. REQUIRED DISCLOSURES. (a) An energy
efficiency report that contains a recommendation regarding an HVAC
system must contain the following disclosure in at least 12-point
type: "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. Design
recommendations may vary depending on the equipment manufacturer,
final designer, and design layout."
(b) An energy efficiency report that includes
recommendations for repairs, modifications, or other improvements
in which the energy efficiency professional or an individual
associated with the energy efficiency professional has a financial
interest must include the following disclosure in at least 12-point
type: "Recommendations in this report are made by an energy
efficiency professional with a potential financial interest in the
installation, repair, or general construction of energy efficiency
improvement measures contained in this report."
SUBCHAPTER E. ENFORCEMENT
Sec. 1307.201. PROHIBITED PRACTICES. An individual
registered under this chapter may not perform, offer to perform, or
attempt to perform an act that is:
(1) defined as the practice of engineering under
Chapter 1001, unless the individual holds a license under that
chapter; or
(2) defined as the practice of architecture under
Chapter 1051, unless the individual holds a license under that
chapter.
Sec. 1307.202. 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. 1307.203. ADMINISTRATIVE SANCTIONS. The commission or
executive director may impose a sanction under Subchapter G,
Chapter 51, on a registration holder if the individual violates
this chapter, a rule adopted under this chapter, or an order of the
commission or executive director.
Sec. 1307.204. ADMINISTRATIVE PENALTY. The commission or
executive director may impose an administrative penalty in the
manner provided by Subchapter F, Chapter 51, on a person if the
person violates:
(1) this chapter or a rule adopted under this chapter;
or
(2) an order of the commission or executive director.
Sec. 1307.205. CEASE AND DESIST; CIVIL PENALTY; INJUNCTION.
(a) The executive director may issue a cease and desist order if
the executive director determines that an order is necessary to:
(1) prevent a violation of this chapter or a rule
adopted under this chapter; or
(2) protect the public health and safety.
(b) The attorney general or the executive director may
institute an action for an injunction or a civil penalty as provided
by Section 51.352.
SUBCHAPTER F. INITIAL REGISTRATION
Sec. 1307.251. INITIAL REGISTRATION. The department shall
issue a registration as an energy efficiency professional to a
qualified applicant who:
(1) submits an application to the department not later
than September 1, 2014;
(2) submits evidence satisfactory to the department
that the applicant has been actively engaged in performing energy
efficiency evaluations for at least 36 months; and
(3) complies with the registration requirements under
Section 1307.102, other than Section 1307.102(a)(2).
Sec. 1307.252. ENDORSEMENT OF INITIAL REGISTRATION. (a)
The department shall issue an appropriate endorsement for a
specific covered premises to an individual holding a registration
issued under this subchapter.
(b) The commission shall adopt rules to determine which
endorsement an individual holding a registration issued under this
subchapter shall be issued based on the certification and training
of the registration holder.
Sec. 1307.253. TERM. A registration issued under this
subchapter expires on the first anniversary of the date the
registration was issued.
Sec. 1307.254. REQUIREMENT TO MAINTAIN CERTIFICATION. An
energy efficiency professional shall maintain the certification
required by Section 1307.102(a)(1) in good standing in order to
retain a registration issued under this subchapter.
Sec. 1307.255. EXPIRATION OF SUBCHAPTER. This subchapter
expires January 1, 2015.
SECTION 2. Not later than March 1, 2014, the Texas
Commission of Licensing and Regulation shall adopt rules required
by Chapter 1307, Occupations Code, as added by this Act.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2013.
(b) Section 1307.101 and Subchapters D and E, Chapter 1307,
Occupations Code, as added by this Act, take effect September 1,
2014.