PRINTER'S NO. 833
No. 733 Session of 1985
INTRODUCED BY J. L. WRIGHT, GALLAGHER, GEIST, PERZEL, ARTY,
E. Z. TAYLOR, REINARD, CAWLEY, PRESTON, CIVERA AND TELEK,
APRIL 9, 1985
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, APRIL 9, 1985
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:
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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.
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