Much misinformation has been spreading around the internet regarding H.R. 2454, the “American Clean Energy and
Security Act” that was approved last year by the U.S. House of Representatives. After doing a little research, culling from various resources, here’s what I understand to be true about the bill:
No mandadory retrofit requirements
This bill does NOT create a federal energy audit requirement for real property. Retrofits are incentivized through financial programs but are not mandatory. Because these programs are subsidized with taxpayer money, should a homeowner choose to do a retrofit and take advantage of the taxpayer subsidized program, then they would have to do an inspection before and after the improvement to ensure the taxpayers are getting their money’s worth. Again, this is optional and is not mandatory.
For new properties ONLY
The labeling program is for NEW properties only. All existing properties are exempt from having energy efficiency information labels.
Incentives for green choices and improvements
The bill provides property owners with significant financial incentives, matching grants and tools to make property improvements and reduce their energy bills. It also establishes green building incentives for HUD housing,
including a loan program for renewable energy, block grants and credit for upgrades in mortgage underwriting.
California’s stringent code requirements
The bill leaves the decision to states as to whether to require energy audits, disclosures, etc. For us in CA, it is interesting to note that the national building code requirement is weaker than what is already in California, and in fact the bill allows other states to adopt California’s building code to be in compliance with the new national standard.
“Cap & Trade” unrelated to real estate
The term “Cap & Trade” in fact has absolutely nothing to do with real estate and is in reference to the section of the bill that deals with industrial emissions.
What’s Next?
The Senate must still pass its version of an energy and climate bill. If this occurs a House–Senate conference committee will be held to reconcile differences between the House and Senate bills.
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