Austin's Energy Efficiency Ordinance

Austin City Council Approves Changes To ECAD Ordinance

2011-05-01T09:37:00.012-05:00

On Thursday, April 21, 2011 Austin City Council approved changes to the ECAD (Energy Conservation Audit & Disclosure (ECAD) ordinance. These changes clarify some points in the ordinance that were previously unclear. In brief here are the changes/amendments to the ordinance as they pertain to single family homes:

1. When buyers should receive audit: Sellers are now required to give buyers the energy audit three days before their option period expires. Sellers can no longer expect to provide the audit to buyers before title is recorded after closing.

2. Condos must be audited: Condos are no longer exempt from the ordinance and are now required to be audited and fully comply with the ECAD ordinance. Owners of four or fewer condominiums must meet the requirements for single-family homes and those owning five or more units at one location must meet the requirement for multifamily properties.

Austin Energy announced to auditors that these changes were to go into effect Monday, May 2, 2011. However there is some confusion right now as to the effective date of these changes.

It should be noted that there are other changes to the ordinance that will effect multi-family properties, such as apartment complexes, which are not covered here. For more information about these changes contact Austin Energy or click here: ECAD Changes Effective May 2, 2011.

New Data on the Audit Ordinance

2009-06-09T17:13:00.000-05:00

According to some sources, so far Austin Energy has processed about 310 ECAD energy audits. The results of these audits are astounding. Simply put, most houses over 10 years old are wasting hundreds of thousands of killowatt-hours of electricity, largely due to under insulated attics and extremely leaky ducting. The average amount of insulation in older homes is coming in at about 6 inches, or R-19 (best is R-38), and the average percent of leakage for ducting is coming in at 22% (best is below 10%). Some houses are at 50% leakage.

Added together, the 310 houses are wasting approximately 807,000 kilowatt-hours of electricity annually from the air ducts alone, or the equivalent of the electricity used in 67 Austin homes in a year, according Austin Energy.

ECAD Audits are Happening

2009-05-06T21:31:00.005-05:00

Austin Energy has officially rolled out the ECAD audit and our auditors are starting to perform the audits. We are receiving a flurry of calls daily about the ordinance. Some brokers and agents who are in the closing process the question is: does my client (home seller) need to disclose an energy audit evern though we are in contract? The official response from ABOR is the following:

Any properties that close and fund prior to June 1, 2009 will be exempt from the City of Austin Energy Audit. If your closing date is scheduled for th last week of may, ABOR strongly recommends having the audit performed.

For more information feel free to call us at 512-828-1980.

The ECAD Audit Form is Here

2009-04-21T21:04:00.003-05:00

We have received updated information from Austin Energy regarding the implementation of the Energy Conservation Audit and Disclosure (ECAD) ordinance.

Here are the main points:

The audit form is now available and its scope is much more comprehensive than previously thought. It covers windows, solar screens, appliances, heating and cooling systems, water consumption, duct leakage, attic insulation etc. - to view a copy of the Austin Energy audit form see: http://energyaction.com/selling-your-home and click on the ECAD Audit Form link.
Auditors will be able to supply the report to the seller directly once the audit is complete instead of the Seller having to obtain a copy from Austin Energy
The auditor will be making improvement recommendations. Having an objective auditor, like Energy Action auditors, will help avoid conflicts of interest that may arise by using a vendor-auditor who wishes to sell HVAC systems, windows, solar screens, attic insulation, duct sealing etc.

Stay tuned for more updates.

Duct Blaster Demo for Realtors

2009-03-20T08:18:00.000-05:00

In the first week of May Energy Action will be giving Austin area Realtors an exclusive demonstration of Duct Blasting, which is a component of the new ECAD (Energy Conservation Audit and Disclosure) ordinance. This FREE demonstration will include Ordinance Q & A, information on improving home energy efficiency and the opportunity to chat with our auditors.

The open house will be a catered event with demonstrations held every two hours. The schedule, along with the location of the home, will be announced at the end of April. If you want to drop in and get a firsthand peak at the ordinance please RSVP by email on our Contact page and we will keep you posted.

Texas Gets Millions for Energy Efficiency

2009-03-13T11:14:00.001-05:00

The numbers are in. Texas will receive more than $545 million in weatherization and energy-efficiency grants as part of the economic stimulus package signed into law by President Barack Obama.

The U.S. Department of Energy will furnish these funds through the American Recovery and Reinvestment Act. Of that total, $327 million will go toward weatherizing individual homes as part of the Energy Department’s Weatherization Assistance Program. This program helps low-income families reduce their utility bills by making their more homes energy efficient. Another $218 million will go to the state of Texas to invest in either renewable and clean-energy projects or improving the efficiency of state and local government buildings.

U.S. Rep. Charlie Gonzalez, D-San Antonio, says, “Improving energy efficiency may not have the glamour of creating new sources of energy, but no single thing can do as much as quickly to reduce our energy bills and our greenhouse gas emissions,” Gonzalez says. “Individual families could receive as much as $6,500 each, and these projects will put people to work right away on practical, money-saving projects. …”

The Ordinance & Where the Buck Stops

2009-03-10T20:21:00.000-05:00

At nearly all our Realtor presentations folks are expressing many concerns about liability and responsibility with respect to getting the audit disclosure in place. Let’s pry open this can of worms and get to the bottom of some of these questions.

It is the sellers responsibility to provide the audit. Agents are responsible to the State of Texas, not the City of Austin
The audit requirement will not stop a sales transaction
Agents are not going to be held liable for the audit, however agents are responsible for letting sellers know that the audit is law
According to City code, the fine is for not complying can be anywhere from $200 - $2,000. This fine will be imposed on the homeowner, not the realtor

About Duct Blasting

2009-02-25T12:12:00.000-06:00

In the average home ducting is generally out of sight and completely out of mind. However, leaky ducting is now recognized as a major source of energy waste in both new and existing houses. Studies indicate that duct leakage can account for as much as 30% of total house energy loss. This is money literally blowing in the wind.

Save Money & Increase Comfort

In addition to losing energy and money, leaky ducting can prevent heating and cooling systems from doing their job properly, which ultimately results in discomfort in doors. Rooms can be too hot or too cold, and leaky ducting can create air quality problems by pulling pollutants and irritants directly into the house.

Duct Blasting Basics

The most effective way to determine the leakiness of your ducting is by duct blasting. This diagnostic technique consists of installing a Duct Blaster fan at the largest air return, covering all supply registers, and operating the fan to pressurize the ducting. A pressure gauge installed in a supply register near the air handler provides an accurate measure of air leakage.

Duct Blasting Myth

Some folks are concerned that Duct Blasting can cause harm to the ducting system. The term "Duct Blasting" sounds pretty intense is probably the source of this myth. Don't worry, duct blasting does not harm your ducting. The Duct Blaster fan pressurizes the system to about 25 Pascals, which is similar to the pressure that the average ducting system experiences under normal operation.

Blower Door Test Removed From Audit

2009-02-24T21:58:00.000-06:00

Although it isn't official, it appears that Austin Energy has decided to remove the requirement for a blower door test in the point-of-sale energy audit. This is great news because this may permit the overall cost of the audit to decrease.

More Details About the Audit

2009-02-05T11:20:00.000-06:00

Austin Energy is getting closer to having the actual audit figured out. It seems that the audit is going to cover the following:

Blower door test (measure overall leakage of a house)
Duct blasting (measures air leakage in ducting)
Attic insulation levels
Presence of solar screen and other energy efficiency measures

What does this mean for the person selling their house?

The auditor will spend about 1-2 hours on site, covering all registers, attaching duct blasting equipment to the return air system, and peaking in the attic. In addition the blower door equipment will be installed in the front door and the house will be depressurized.

What does this mean for the person buying the house?

Buyers will see a standardized report that gives limited information about the above mentioned items. At present, it seems this report will be very limited. Unfortunately, the end results may not be that helpful for the buyer. But before we rush to conclusions, we have to wait and see what this thing is really going to look like.

National home Energy Audit Standard

2009-01-19T08:58:00.001-06:00

The RESNET Board of Directors has adopted a national energy audit standard. This may sound very uninteresting, but this may have a huge impact on the future of how we use energy in our homes. How will this impact me, you may ask? Well, if the government implements a plan to increase energy efficiency in residential homes, they will need to go by a standard. So far it seems that energy professionals are looking to RESNET for all the answers. The following is from the RESNET website:

"The consensus building included a RESNET Task Force on National Standard for Energy Audit for Existing Homes. The task force had a broad membership and represented wide spectrum of views on the issue. For information on the task force, click here. The draft standard also was vetted by the U.S. Department of Energy, Environmental Protection Agency, building performance sponsor organizations and the Building Performance Institute. The standard also went through two public review and comment processes. The adopted standard should be seen as a starting point. RESNET will continue to refine the standard as it implements the standard."

By the way, the RESNET National Energy Audit Standard has been incorporated as Chapter Seven of the Mortgage Industry National Home Energy Rating Standards. For more info: www.natresnet.org/standards/mortgage/amendments/2008/audits/default.htm.

Obama on Improving Home Energy Efficiency

2009-01-09T08:28:00.000-06:00

“To finally spark the creation of a clean energy economy, we will double the production of alternative energy in the next three years. We will modernize more than 75% of federal buildings and improve the energy efficiency of two million American homes, saving consumers and taxpayers billions on our energy bills. In the process, we will put Americans to work in new jobs that pay well and can’t be outsourced – jobs building solar panels and wind turbines; constructing fuel-efficient cars and buildings; and developing the new energy technologies that will lead to even more jobs, more savings, and a cleaner, safer planet in the bargain.”

Thursday, January 8, 2009

Austin Energy to Certify Auditors

2008-12-05T10:01:00.000-06:00

Well, it looks like Austin Energy is fast at work trying to come up with a plan to certify auditors. There is little information out there about what the requirements will be, and what the certification process will entail. So far it appears that the City will have the program figured out by the end of December, 2008. Then come January, 2009 the certification class/training/test or what ever it is, will be available to aspiring auditors and inspectors.

As I learn more about this I will post the info here.

Ordinance Q & A

2008-12-05T09:54:00.000-06:00

Q: What is the Ordinance?

A: This is a point-of-sale ordinance that applies to anyone selling their home. Sellers must have an Energy Audit performed on their house and disclose the results to prospective buyers.

Q: When does the Ordinance take effect?

A: On June 1, 2009 the Energy Efficiency Ordinance takes effect. This means that every house sold on or after this date must comply with the ordinance.

Q: Who must comply with the new Ordinance?

A: All residential, commercial or multi-family facilities that receive electricity from Austin Electric Utility.

Q: Who is allowed to perform these energy audits?

A: Energy audits must be conducted by a person certified as a building performance analyst or equivalent, by an approved agency.

Q: When does the energy audit need to be done?

A: The homeowner must have the energy audit completed before the time of sale of the house. The owner is required to provide a copy of the energy audit to the purchaser or prospective purchaser before the time of sale. In addition the person performing the audit must provide a copy of the energy audit to the City of Austin no later than 30 days after the audit is complete.

Q: Is this part of the disclosure required by TREC?

A: No. Because this is a municipal ordinance the energy audit is not a part of the TREC seller’s disclosure form. This is a required disclosure for homes that receive electricity from Austin Electric Utility.

Q: What are the penalties for not complying?

A: The fine can be as high as $2,000.

Q: Are there any exceptions or variances?

A: Yes. In addition to exceptions, the director may grant a variance due to special circumstances. A variance may be granted if it is determined that compliance would cause undue hardship, or if the applicant submits an application for a permit to substantially remodel or demolish the house. In addition, the Ordinance does NOT apply under the following circumstances:

If the house:

was constructed no more than ten years before the time of sale.
is a foreclosure sale, a trustee’s sale, or a deed in lieu of foreclosure.
is a pre-foreclosure sale where the seller has reached an agreement with the mortgage holder to sell the facility for an amount less than the amount owed on the mortgage.
is under the threat of eminent domain.
title is transferring from one family member to another.
is under a court order or probate proceedings.
is under decree of legal separation or dissolution of marriage (divorce).
participated in the Austin Energy Home Performance with Energy Star Program not more than ten years before the time of sale.
participated in the Austin Energy Free Weatherization Program not more than ten years before the time of sale.
buyer agrees to participate in the Austin Energy Free Weatherization Program.
is manufactured housing built on a permanent chassis and designed to be used without a permanent foundation.

Note: Other rules and exemptions may apply. In addition, other rules and exemptions my apply for the sale of multi-family facilities.

Austin's New Energy Efficiency Ordinance

2008-12-05T09:33:00.000-06:00

Austin’s reputation as an environmentally conscious city has been on a steady rise for some time now. With the adoption of the new Energy Efficiency Ordinance that passed on November 10, 2008, Austin is on its way to becoming the green city with a violet crown.

This ordinance, which takes effect on June 1, 2009, applies to most residential, multi-family and commercial properties that go up for sale on the Austin real estate market. In a nutshell, it requires homeowners to conduct energy audits on their homes before they are listed and then to disclose the results to potential buyers.

The adoption of the Energy Efficiency Ordinance comes on the heels of a long debate that raged at City Hall. In its first incarnation the ordinance was designed to mandate energy-efficient upgrades at the point-of-sale of properties. Besides costing homeowners millions of dollars, this mandate would have had an adverse effect on the already suffering housing market. Then the Austin Board of Realtors (ABOR), Austin’s largest trade association, decided to try to stem the tide by starting a campaign with the slogan “Don’t Mandate. Motivate.”

Initially, City officials were in support of the mandate. Environmental activists and especially builders who would have gained the most financially with mandated upgrades were excited to be municipal innovators on the green front. However, homeowners rights weren’t taken into consideration with the proposal.

Once ABOR got involved and contested the integrity of such a mandate, the debate was ratcheted up. An editorial in the Austin American-Statesman stated: “Though improving energy efficiency is a laudable goal, making the changes mandatory at sale would have hurt those prospective homeowners who could least afford it — first-time buyers, low-income families and those on fixed incomes.” (April 29, 2008)

After months of going back and forth during long meetings, a consensus was finally achieved. The City and those opposed to the mandate found a reasonable and doable middle ground — increasing consumer awareness through mandatory energy audits at the point of sale.

Upon the adoption of the Energy Efficiency Ordinance, Austin Mayor Will Wynn offered this statement: “We believe this program will result in dramatic energy savings at our electric utility and in household budgets. Most of the time people will do what’s in their economic self-interest — and when they see the math, the savings from basic efficiency upgrades will be too obvious to ignore.”