Looking for specific item in Waxman-Markey Cap and Trade bill

Kalhoun · July 2, 2009, 4:11pm

I was just informed by my BIL, the Tightie Rightie, that there is a provision in the Cap and Trade bill that will force an energy inspection that could keep a person’s home from being sold if it doesn’t meet specific standards. He said that this is for existing homes – ALL existing homes. Not new construction, but existing homes. I cannot find a cite for this that doesn’t have Rush Windbag’s fat ass all over it. Wondering if someone can provide a cite, since my BIL is incapable of doing so. Thanks.

Una_Persson · July 2, 2009, 5:37pm

Life would be so much easier if people would just say IRL “Prove it, or fuck off.”

The claims I’ve seen on this issue all point to Section 204 of the bill, (h)(3), which says:

(3) MEANS OF IMPLEMENTATION- In adopting the model labeling program established under this section, a State shall seek to ensure that labeled information be made accessible to the public in a manner so that owners, lenders, tenants, occupants, or other relevant parties can utilize it. Such accessibility may be accomplished through–

  (A) preparation, and public disclosure of the label through filing with tax and title records at the time of-- 
        (i) a building audit conducted with support from Federal or State funds; 
        (ii) a building energy-efficiency retrofit conducted in response to such an audit; 
        (iii) a final inspection of major renovations or additions made to a building in accordance with a building permit issued by a local government entity; 

        (iv) a sale that is recorded for title and tax purposes consistent with subsection (h)(8) of this section paragraph (8); 

        (v) a new lien recorded on the property for more than a set percentage of the assessed value of the property, if that lien reflects public financial assistance for energy-related improvements to that building; or 

        (vi) a change in ownership or operation of the building for purposes of utility billing; or 
  (B) other appropriate means.

The purpose of this Section, of course, is:

It refers to labeling of a structure as being especially energy efficient. Obviously, if you sell the structure later on and someone buys it assuming that the label is correct, then there should be some way to verify that, right?

Una_Persson · July 2, 2009, 5:46pm

FWIW, other claims I’ve seen about the bill is that it bans incandescent lamps over 60 Watts, and that appears to be true. In fact, there appears to be some rather restrictive requirements for both lamps and light bulbs coming up, which appear to effectively ban incandescent bulbs in the future. I say appears because I’m having some trouble resolving some of the legal mumbo-jumbo in the document.

Una_Persson · July 2, 2009, 6:04pm

BTW, I’m looking at Subtitle G, Section 161, (a) 12 et seq. if anyone cares.

Kalhoun · July 2, 2009, 6:26pm

Thank you, Una. I’ve searched through the bill and found some language that refers to new construction standards. Your cite is very helpful with regard to additions and major changes. I don’t see anything so far that forbids the sale of a house if the windows aren’t updated or the water heater is sub-standard for today’s eco-world. It’s a bodacious document, so if anyone can come up with something that’s in line with The Windbag’s claims, I’m all eyes.

I’ll toss this to the wing nut…right after I tell him to FUCK OFF. In real life.

Moonshiner · July 2, 2009, 8:52pm

Wrong bill, and the bill that once contaid that provision has been changed.

[The bill in question is referred to as the Waxman(D-CA) Markey (D-MA) Bill. The actual name is the American Clean Energy and Security Act and this bill did recently pass the House of Representatives.

The inaccuracy is that the version of the Bill that passed the House ‘exempted resale homes’ and buildings from impact due to the Bills Energy Labeling, although did not exempt ‘new homes’.

The original bill required new and existing homes and buildings to undergo an energy evaluation inspection at the time of transfer (sale). It also provided provision for a private right of action so that citizens could sue over minor climate risks undr the Clean Air Act. It was feared that the expense and labeling of properties under this Bill could stigmatize a property and significantly impact future sales and risk.]("Waxman Bill Forces Environmental Inspection Before You Can Sell Your Home!")

Una_Persson · July 2, 2009, 10:12pm

I don’t know who “Todd C., Realtor” is, the bill I quoted is Waxman-Markey, HR 2454, as engrossed by the US House, downloaded from Thomas.gov. It is indeed the correct bill; search the engrossed version under the link below if you don’t believe me.

http://www.thomas.gov/cgi-bin/query/z?c111:H.R.2454:

Here you can see the cosponsors of HR 2454 - Waxman and Markey.
http://www.thomas.gov/cgi-bin/bdquery/D?d111:2:./temp/~bdAEtS:@@@P|/bss/111search.html|

fiddlesticks · July 2, 2009, 10:51pm

A phase-out of incandescent bulbs is already Law. As per Wikipedia…

Phase-out of incandescent light bulbs:

Many of these state efforts became moot when the federal Clean Energy Act of 2007 was signed into law on December 19, 2007. This legislation effectively banned (by January 2014) incandescent bulbs that produce 310 - 2600 lumens of light.[11] Bulbs outside this range (roughly, light bulbs currently less than 40 Watts or more than 150 Watts) are exempt from the ban. Also exempt are several classes of speciality lights, including appliance lamps, “rough service” bulbs, 3-way, colored lamps, and plant lights.

In December 2007, The United States enacted the Energy Independence and Security Act of 2007, requiring all general-purpose light bulbs be 30% more energy efficient (similar to current halogen lamps) than current incandescent bulbs by 2012 to 2014. The phase-out will start with 100-watt bulbs in January 2012 and end with 40-watt bulbs in January 2014. By 2020, a second tier would become effective; which requires all general-purpose bulbs to be at least 70% more efficient (similar to current CFLs). Exempt from the Act are reflector “flood”, 3-way, candelabra, colored, and other specialty bulbs.[12]

…FROM MY COLD DEAD HANDS…

Kalhoun · July 3, 2009, 12:27pm

Moonshiner:

Wrong bill, and the bill that once contaid that provision has been changed.

[The bill in question is referred to as the Waxman(D-CA) Markey (D-MA) Bill. The actual name is the American Clean Energy and Security Act and this bill did recently pass the House of Representatives.

The inaccuracy is that the version of the Bill that passed the House ‘exempted resale homes’ and buildings from impact due to the Bills Energy Labeling, although did not exempt ‘new homes’.

The original bill required new and existing homes and buildings to undergo an energy evaluation inspection at the time of transfer (sale). It also provided provision for a private right of action so that citizens could sue over minor climate risks undr the Clean Air Act. It was feared that the expense and labeling of properties under this Bill could stigmatize a property and significantly impact future sales and risk.]("Waxman Bill Forces Environmental Inspection Before You Can Sell Your Home!")

The link you provided doesn’t provide a link to the bill. How can I check the accuracy? Una is linking to the correct bill…the one I was inquiring about.