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H.R. 2454: License Required to Sell Your Home? (cont.)

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Email text continues:

Sect. 204 Building Energy Performance Labeling Program establishes a labeling program that for each individual residence will identify the achieved energy efficiency performance for "at least 90 percent of the residential market within 5 years after the date of the enactment of this Act." This means that within 5 years 90% of all residential homes in the U.S. must be measured and labeled. The EPA administrator will get $50M each year to enforce the labeling program. The Secretary of the Department of Energy will get an additional $20M each year to help enforce the labeling program. Some of this money will, of course, be spent on coming up with tougher standards each year. Oh, the label will be like a license for your car. You will be required to post the label in a conspicuous location in your home and will not be allowed to sell your home without having this label. And, just like your car license, you will probably be required to get a new label every so often - maybe every year. But, the government estimates the cost of measuring the energy efficiency of your home should only cost about $200 each time. Remember what they said about the auto smog inspections when they first started: that in California it would only cost $15. That was when the program started. Now the cost is about $50 for the inspection and certificate; a 333% increase. Expect the same from the home labeling program.

Sect. 304 Greater Energy Efficiency in Building Codes establishes new energy efficiency guidelines for the National Building Code and mandates at 304(d) that 1 year after enactment of this Act, all state and local jurisdictions must adopt the National Building Code energy efficiency provisions or must obtain a certification from the federal government that their state and/or local codes have been brought into full compliance with the National Building Code energy efficiency standards.

So, what do you think? Is this the "Change" you have been waiting for?

You do what you want to do with this email. I know I have done SOMETHING by sending it to you.

If everyone just sits around hoping things will work itself out, or has the attitude that one single person can't do anything to stop what is happening, you are mistaken. It has to start somewhere with someone.

Remember, this is OUR country... It may not be ours much longer the way things are going...



Analysis: This much is true: Last year the U.S. House of Representatives passed H.R. 2454, the American Clean Energy and Security Act of 2009, known colloquially as the "Cap and Trade" bill. Very little of what the above email says about the legislation is accurate, however. Let's examine the substantive claims:

CLAIM: Beginning 1 year after enactment of the Cap and Trade Act, you won't be able to sell your home unless you retrofit it to comply with the energy and water efficiency standards of this Act.

STATUS: FALSE. I've scoured Section 202 of the bill ("Building Retrofit Program"), which supposedly contains this mandate, and found nothing of the kind. Basically, this section lays out the details of a program whereby the federal government will help states provide financial assistance for local governments to conduct cost-effective energy-saving retrofits. Nowhere does it stipulate that owners of existing homes must comply with efficiency standards or obtain a "license" to sell their homes. In point of fact, the House Energy and Commerce Committee's own summary of Section 202 states: "Nothing would require a homeowner to audit or retrofit their home to ensure that it meets building code requirements."

CLAIM: H.R. 2454, the "Cap & Trade" bill passed by the House of Representatives, if also passed by the Senate, will be the largest tax increase any of us has ever experienced. The Congressional Budget Office (supposedly non-partisan) estimates that in just a few years the average cost to every family of four will be $6,800 per year.

STATUS: FALSE. The Congressional Budget Office estimates that implementation of of H.R. 2454 would result in federal expenditures costing the average household $175 per year beginning in 2020 (CBO projects little or no cost to the average taxpayer before that).

CLAIM: Sect. 204 - Building Energy Performance Labeling Program establishes a labeling program that for each individual residence will identify the achieved energy efficiency performance.... You will be required to post the label in a conspicuous location in your home and will not be allowed to sell your home without having this label.

STATUS: FALSE AS STATED. Section 204 does provide for the development of a voluntary (for states) energy performance labeling program, but only for new buildings constructed after the legislation is enacted. It states that labeling information must be "accessible to the public in a manner so that owners, lenders, tenants, occupants, of other relevant parties can utilize it," which doesn't necessarily translate to "You will be required to post the label in a conspicuous location in your home." And, as before, the committee summary of Section 204 explicitly states: "Nothing would require a homeowner to audit or retrofit their home to ensure that it meets building code requirements."

CLAIM: Sect. 304 - Greater Energy Efficiency in Building Codes establishes new energy efficiency guidelines for the National Building Code and mandates at 304(d) that 1 year after enactment of this Act, all state and local jurisdictions must adopt the National Building Code energy efficiency provisions or must obtain a certification from the federal government that their state and/or local codes have been brought into full compliance with the National Building Code energy efficiency standards.

STATUS: TRUE.


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Sources and further reading:

H.R. 2454: American Clean Energy and Security Act of 2009
Full text courtesy of GovTrack.us

Section-by-Section Summary of H.R. 2454
U.S. House Committee on Energy and Commerce, 14 July 2009

Estimated Costs to Households from the Cap-and-Trade Provisions of H.R. 2454
Congressional Budget Office, 19 June 2009

House Passes Landmark Climate-Change and Energy Bill
About.com: U.S. Government Info, 26 June 2009


Last updated 04/16/10

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