HR 2454 - Cap and Trade - National Energy Standards for Homes

My last blog talked a bit about the Cap & Trade bill HR 2454 which passed the House by an eight vote margin. I would like to take a look at the bill from a different perspective for this blog.

In the last couple of days I was hearing about provisions of this bill that would require Federal inspections of individual homes for energy efficiencies and prevent homes from being sold if they do not meet a certain standard. I don't like to quote unsubstantiated statements, so I took the time to look up the language in the 1200 page bill. While I couldn't find any specific references to restricting sales of homes, there is more than enough evidence to infer that this could happen.

It is often the way an administration implements a law that determines what will actually happen. I believe this legislation does give the Retrofit for Energy and Environmental Performance (REEP) all the authority it needs to implement such a plan.

Below are some quotes from the legislation:

HR 2454 establishes a "Retrofit for Energy and Environmental Performance (REEP) program". This program is, according to the bill, designed

"...to implement the residential and nonresidential policies based on the standards developed under this section shall together be known as the Retrofit for Energy and Environmental Performance (REEP) program." (HR 2454)

This new program will establish national building codes that will supersede State and Local building codes and require

"...standards for a national energy and environmental
building retrofit policy for single-family and multifamily
residences." (HR245, pg 351)

Multi unit housing will also be required to comply with this new program. However, any retrofits done by the owners

"...not shall not be used to justify any increase in rents
charged to residents of such housing...(HR 2454, pg 360)"

As most legislation does, much of the details are left to the agency that will administer the law. "

ENFORCEMENT PROCEDURES.—The Secretary shall propose and, not later than 3 years after the date of enactment of the American Clean Energy and Security Act of 2009, shall define by rule violations of the energy efficiency building codes to be enforced by the Secretary pursuant to this section, and the penalties that shall apply to violators, in any jurisdiction in which the national energy efficiency building code has been made applicable under subsection (d)(1). (HR 2454 pg 344)

This is a part of legislation that your Congress passed last week. Apart from the cost in taxes, jobs and the economy, this is just grinding salt in the wounds of the American taxpayer and homeowner.

I welcome your thoughts.