Representative Patrice M. Arent proposes the following substitute bill:


1     
VOLUNTARY HOME ENERGY INFORMATION PILOT

2     
PROGRAM

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Patrice M. Arent

6     
Senate Sponsor: Curtis S. Bramble

7     

8     LONG TITLE
9     General Description:
10          This bill addresses a voluntary home energy information pilot program.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides for the creation of model rules by the Office of Energy Development for a
14     voluntary home energy information pilot program;
15          ▸     requires the Office of Energy Development to administer or contract for the
16     administration of an advisory committee and the development of model rules;
17          ▸     requires the Office of Energy Development to develop model rules for a home
18     energy performance score system;
19          ▸     creates the Home Energy Information Advisory Committee to consult on the
20     development of model rules for a home energy information pilot program and the
21     home energy performance score system;
22          ▸     specifies advisory committee membership and duties; and
23          ▸     provides for a sunset of provisions relating to the voluntary home energy
24     information pilot program.
25     Money Appropriated in this Bill:

26          This bill appropriates in fiscal year 2021:
27          ▸     to the Governor's Office of Energy Development - Office of Energy Development,
28     as a one-time appropriation:
29               •     from the General Fund, One-time, $50,000.
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          63I-2-263, as last amended by Laws of Utah 2019, Chapters 182, 240, 246, 325, 370,
35     and 483
36     ENACTS:
37          63M-4-801, Utah Code Annotated 1953
38          63M-4-802, Utah Code Annotated 1953
39          63M-4-803, Utah Code Annotated 1953
40          63M-4-804, Utah Code Annotated 1953
41          63M-4-805, Utah Code Annotated 1953
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 63I-2-263 is amended to read:
45          63I-2-263. Repeal dates, Title 63A to Title 63N.
46          (1) On July 1, 2020:
47          (a) Subsection 63A-1-203(5)(a)(i) is repealed; and
48          (b) in Subsection 63A-1-203(5)(a)(ii), the language that states "appointed on or after
49     May 8, 2018," is repealed.
50          (2) Sections 63C-4a-307 and 63C-4a-309 are repealed January 1, 2020.
51          (3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
52     repealed July 1, 2020.
53          (4) The following sections regarding the World War II Memorial Commission are
54     repealed on July 1, 2020:
55          (a) Section 63G-1-801;
56          (b) Section 63G-1-802;

57          (c) Section 63G-1-803; and
58          (d) Section 63G-1-804.
59          (5) In relation to the State Fair Park Committee, on January 1, 2021:
60          (a) Section 63H-6-104.5 is repealed; and
61          (b) Subsections 63H-6-104(8) and (9) are repealed.
62          (6) Section 63H-7a-303 is repealed on July 1, 2022.
63          (7) In relation to the Employability to Careers Program Board, on July 1, 2022:
64          (a) Subsection 63J-1-602.1(52) is repealed;
65          (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
66     and
67          (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
68          (8) Section 63J-4-708 is repealed January 1, 2023.
69          (9) Title 63M, Chapter 4, Part 8, Voluntary Home Energy Information Pilot Program
70     Act, is repealed January 1, 2022.
71          Section 2. Section 63M-4-801 is enacted to read:
72     
Part 8. Voluntary Home Energy Information Pilot Program Act

73          63M-4-801. Title.
74          This part is known as the "Voluntary Home Energy Information Pilot Program Act."
75          Section 3. Section 63M-4-802 is enacted to read:
76          63M-4-802. Definitions.
77          As used in this part:
78          (1) "Advisory committee" means the committee created in Subsection 63M-4-805(1).
79          (2) "Asset rating" means a representation of a residential building's energy efficiency or
80     energy use generated by modeling under standardized weather and occupancy conditions.
81          (3) "Home" means a single-family detached or single-family attached enclosed
82     structure created for permanent use as a residence.
83          (4) "Home energy assessment" means the evaluation or testing of components or
84     systems in a residential building for the purpose of identifying options for increasing energy
85     conservation and energy efficiency.
86          (5) "Home energy assessor" means a qualified person who:
87          (a) conducts home energy assessments on residential buildings;

88          (b) assigns residential buildings a home energy performance score; and
89          (c) prepares a home energy performance report for residential buildings.
90          (6) "Home energy performance report" means a report prepared by a home energy
91     assessor that identifies a residential building's home energy performance score, an explanation
92     of the score, an estimate of the total energy used in the home, and other information required to
93     be included in the report under Section 63M-4-804.
94          (7) "Home energy performance score" means a score assigned to a residential building
95     using the home energy performance score system created by the office pursuant to Section
96     63M-4-804.
97          (8) "Home energy performance score system" means a technical and administrative
98     framework for producing and reporting metrics that describe the energy consumption,
99     generation, and efficiency of a building.
100          (9) "Program" means the voluntary home energy information pilot program for which
101     model rules are created in Section 63M-4-803.
102          (10) "Residential building" means a home.
103          Section 4. Section 63M-4-803 is enacted to read:
104          63M-4-803. Voluntary Home Energy Information Pilot Program.
105          (1) The office shall develop model rules for a voluntary home energy information pilot
106     program.
107          (2) The model rules shall:
108          (a) be designed to:
109          (i) provide widespread information to home buyers and sellers about a home's energy
110     efficiency, cost savings, and air quality impacts; and
111          (ii) empower consumers to ask about the energy efficiency performance of homes and
112     increase market demand for energy efficient homes and home energy efficiency upgrades.
113          (3) The office may use appropriated funds to develop model rules for a home energy
114     performance score system described in Section 63M-4-804 for homes.
115          (4) Model rules to implement the program may include:
116          (a) proposed application procedures to receive a reimbursement from the program for a
117     home energy assessment and home energy performance report;
118          (b) the criteria used by the office to determine whether a reimbursement request is

119     approved;
120          (c) the administratively best method and form for making a reimbursement;
121          (d) the criteria used by the office to determine the amount of a reimbursement;
122          (e) the information that an applicant or applicant's designee will be required to report to
123     the office to receive a reimbursement;
124          (f) specifications for the procedures and requirements for conducting a home energy
125     assessment;
126          (g) the requirements for a home energy performance report; and
127          (h) the qualifications for home energy assessors.
128          (5) The office shall administer or contract for the administration of the advisory
129     committee and the development of model rules.
130          (6) The office shall provide a report to the Legislature's Business and Labor Interim
131     Committee and Public Utilities, Energy, and Technology Interim Committee no later than
132     November 30, 2020 on:
133          (a) the status of the model rules; and
134          (b) recommendations for implementing a pilot program based on the model rules.
135          Section 5. Section 63M-4-804 is enacted to read:
136          63M-4-804. Home energy performance score system.
137          (1) In consultation with the advisory committee, the office shall create a home energy
138     performance score system that shall:
139          (a) have the capability to generate a home energy performance score that meets the
140     requirements of Subsection (2);
141          (b) have the capability to generate a home energy performance report that meets the
142     requirements of Subsection (3);
143          (c) have the capability to incorporate building energy assessment software, the output
144     of which is to be used to derive the information presented on the home energy performance
145     report; and
146          (d) specify training requirements for home energy assessors.
147          (2) A home energy performance score under Subsection (1)(a) shall:
148          (a) be an asset rating that is based on physical inspection of the home or design
149     documents used for the home's construction; and

150          (b) use one or a combination of the following approaches for home energy scoring:
151          (i) the issuance of a home energy score by the United States Department of Energy; or
152          (ii) the issuance of a home energy rating system by the Residential Energy Services
153     Network.
154          (3) A home energy performance report described in Subsection (1)(b) shall include:
155          (a) the home energy performance score described in Subsection (1)(a) and an
156     explanation of the score;
157          (b) an estimate of the total energy used in the home in retail units of energy, by fuel
158     type;
159          (c) an estimate of the annual energy costs for operating the home;
160          (d) an estimate of the annual emissions resulting from energy used in the home;
161          (e) a list of recommended home improvements to reduce energy use in the home; and
162          (f) other information the office, in consultation with the advisory committee,
163     determines is appropriate to include in the model rules.
164          Section 6. Section 63M-4-805 is enacted to read:
165          63M-4-805. Home Energy Information Advisory Committee.
166          (1) There is created a Home Energy Information Advisory Committee.
167          (2) The advisory committee shall be composed of the following 12 members:
168          (a) an individual who is an expert in residential real estate, as recommended by the
169     Utah Association of Realtors;
170          (b) an individual who is an expert in residential construction as recommended by the
171     Utah Home Builders Association;
172          (c) an individual who is an expert in land development for residential communities but
173     is not a home builder;
174          (d) an individual who is a non-profit energy efficiency or air quality advocate;
175          (e) an individual who is an expert in residential home energy assessments;
176          (f) an individual who is an expert in residential home inspections;
177          (g) an individual who is an expert in public education and marketing;
178          (h) an individual who is an expert in residential appraisals, as recommended by the
179     Utah Association of Appraisers;
180          (i) an individual who is an expert in electric utility energy efficiency programs;

181          (j) an individual who is an expert in natural gas utility energy efficiency programs;
182          (k) an individual who is an expert in residential architecture, as recommended by the
183     Utah Chapter of the American Institute of Architects; and
184          (l) the director of the Governor's Office of Energy Development or the director's
185     designee.
186          (3) The director of the office shall appoint the members of the advisory committee
187     which shall assist the director in developing model rules for a home energy performance score
188     system described in Section 63M-4-804.
189          (4) The director of the office, or the director's designee, shall act as chair of the
190     advisory committee.
191          (5) An advisory committee member may not receive compensation or benefits for the
192     member's service on the advisory committee.
193          Section 7. Appropriation.
194          The following sums of money are appropriated for the fiscal year beginning July 1,
195     2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
196     fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
197     Act, the Legislature appropriates the following sums of money from the funds or accounts
198     indicated for the use and support of the government of the state of Utah.
199     ITEM 1
200          To the Governor's Office of Energy Development - Office of Energy Development
201               From General Fund, One-time
$50,000

202               Schedule of Programs:
203                    Home Energy Information Pilot Program          $50,000
204          The Legislature intends that the money appropriated in this section be used for the
205     development of model rules for the voluntary home energy information pilot program under
206     Title 63M, Chapter 4, Part 8, Voluntary Home Energy Information Pilot Program Act.