PRINTER'S NO. 218
No. 192 Session of 1989
INTRODUCED BY J. L. WRIGHT, CAWLEY, THOMAS, GEIST, TRELLO, JOSEPHS, E. Z. TAYLOR, CLYMER, CORRIGAN, GANNON, PETRARCA, HOWLETT AND MICHLOVIC, FEBRUARY 1, 1989
REFERRED TO COMMITTEE ON CONSERVATION, FEBRUARY 1, 1989
AN ACT 1 Requiring disclosure of the results of an energy audit prior to 2 the conveyance of certain residential property; and 3 establishing provisions for failure to provide disclosure. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act shall be known and may be cited as the Residential 8 Energy Audit Improvements Act. 9 Section 2. Legislative findings and declaration of purpose. 10 (a) Findings.--The General Assembly hereby finds and 11 declares that: 12 (1) Many homes have inadequate insulation and 13 inefficient heating systems. 14 (2) Although savings estimates vary depending on the 15 construction and condition of a home and lifestyle of the 16 residents, individuals in poorly weatherized homes, as well 17 as those in average homes, can cut their energy use up to 18 one-half through application of energy conservation measures.
1 (3) Because the residential sector accounts for 2 approximately 25% to 30% of the energy used in the United 3 States, the more people who install energy-conserving or 4 renewable resource measures or by simply adjusting their 5 thermostats to energy-conserving levels, the greater the 6 savings will be to the nation as a whole. 7 (4) Onsite energy audits are available for homeowners 8 through various means, including, but not limited to, utility 9 companies, as part of the United States Department of 10 Energy's Residential Conservation Services (RCS) Program. 11 (b) Purpose.--The purpose of this act shall be to encourage 12 sellers and lessors of homes to make them energy efficient and 13 to make information available to purchasers and lessees 14 regarding potential energy-conserving measures which may be 15 taken to improve upon the efficiency of the home, thereby 16 decreasing the energy maintenance costs. 17 Section 3. Requirement of disclosure. 18 (a) Restriction on sale.--No one-family or two-family 19 residential building shall be sold nor any unit of a one-family, 20 two-family or multifamily residential building leased for a 21 period of one year or more to a tenant who is required to pay 22 for the heating, unless the purchaser or lessee is furnished, at 23 least ten days prior to the time of execution of the contract 24 for sale or lease, with the results of an energy audit of the 25 building. 26 (b) Time limits.--Such energy audit must have been performed 27 on the building within the immediately preceding 12 months and 28 shall include a determination as to the installation 29 applicability of the following measures and energy-conserving 30 practices: 19890H0192B0218 - 2 -
1 (1) Caulking and weatherstripping. 2 (2) Ceiling, wall and floor insulation. 3 (3) Duct or pipe insulation. 4 (4) Water heater insulation. 5 (5) Storm or thermal windows and doors. 6 (6) Furnace efficiency modifications. 7 (7) Solar energy devices. 8 (8) Water flow reduction on showers and faucets. 9 (9) Raising thermostat settings in summer and reducing 10 them in winter. 11 (10) Reducing energy use when home is unoccupied. 12 (11) Plugging leaks in attics, basements and fireplaces. 13 Section 4. Failure to provide disclosure. 14 The failure to furnish the required audit information shall 15 not affect legal title to the premises once the premises pass to 16 a purchaser or permit a lessee to avoid his obligations pursuant 17 to a lease once possession of the premises is taken. The failure 18 to provide the disclosure required by section 3 shall be grounds 19 for the refusal of a purchaser or tenant, at his option, to take 20 title or possession, any contractual provision to the contrary 21 notwithstanding. 22 Section 5. Effective date. 23 This act shall take effect in one year. L13L48DGS/19890H0192B0218 - 3 -