House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 7 June 2011
84

Energy Bill [Lords] Continued

(b)
the Northern Ireland Authority for Utility Regulation.’.

Amendment of section 137 of the Energy Act 2004

Mr Gregory Barker

NC17

To move the following Clause:—

‘In section 137(3) of the Energy Act 2004 (standard conditions of transmission

licences under Part 1 of the Electricity Act 1989)—

(a)
in paragraph (a) omit “or”, and

(b)
after paragraph (b) insert—

“(c)
under the Energy Act 2008,

(d)
under the Energy Act 2010, or

(e)
under the Energy Act 2011,”.’.

Carbon emissions in local authority areas

Luciana Berger

Huw Irranca-Davies

NC1

To move the following Clause:—

‘(1)
The Committee on Climate Change shall advise the Secretary of State about the

contribution to emissions reduction needed in local authority areas to meet each

national carbon budget.

(2)
The advice given under subsection (1) should include but not be limited to—

(a)
carbon emissions from a local authority’s own buildings and operations;

(b)
carbon emissions from the local area;

(c)
local renewable energy generation;

(d)
national carbon reduction initiatives delivered at the local level.

(3)
The Committee on Climate Change may advise the Secretary of State on local

level adaptation to climate change.

(4)
The Secretary of State must lay before Parliament a response to the advice given

by the Committee on Climate Change under subsection (1) or (2), within six

months of receiving the advice.

(5)
For the purposes of this section—

(a)
“budgetary period”, “carbon budget” and “national authorities” have the

same meaning as in Part 1 of the Climate Change Act 2008;

(b)
“local authority” means a county council or district Council in England,

or a London Borough Council, or the Council of the Isles of Scilly.’.

Public Bill Committee: 7 June 2011
85

Energy Bill [Lords] Continued

Climate change strategy for local authority areas

Luciana Berger

Huw Irranca-Davies

NC2

To move the following Clause:—

‘(1)
Local authorities must develop and promote a climate change strategy for their

local area.

(2)
In preparing the strategy, local authorities must take into account any advice

given by the Committee on Climate Change on local action to meet carbon

budgets.

(3)
In preparing the strategy, local authorities must consult with local residents,

businesses, social enterprises and co-operatives and other institutions.

(4)
Local authorities must publish and promote their local climate change strategy,

publish an annual report on progress towards carrying out the strategy and engage

with local citizens and community groups.

(5)
The Secretary of State must work with local authorities and the Local

Government Association (LGA) to assist them in producing and implementing

their climate change strategies, taking into account any relevant advice from the

Committee on Climate Change.’.

Purpose of Part 1

Luciana Berger

Huw Irranca-Davies

NC8

To move the following Clause:—

‘(1)
The principal purpose of Part 1 is to deliver energy savings from the building

stock which will make commensurate contributions to—

(a)
the achievement of the target contained in Section 1(1) of the Climate

Change Act 2008 and the carbon budget set for each budgetary period
5
under Part 1 of the Climate Change Act 2008; and

(b)
the elimination of fuel poverty by the target date required by Section

2(2)(d) of the Warm Homes and Energy Conservation Act 2000.

(2)
In performing functions under this Part the Secretary of State will have regard

to—
10
(a)
the principal purpose set out in subsection (1) above, and

(b)
the recommendations from time to time of the Committee on Climate

Change where these are adopted by the Secretary of State.’.

As an Amendment to Luciana Berger’s proposed New Clause (NC8):—

Caroline Lucas

(a)


Line  3,  leave out subsection (1)(a) and insert—

‘(a)
the achievement of a 90 per cent. reduction in UK greenhouse gas

emissions against 1990 levels by 2030; and’.

Public Bill Committee: 7 June 2011
86

Energy Bill [Lords] Continued

Member’s explanatory statement

This amendment would mean that the principal purposes of the Green Deal is to deliver energy

savings from buildings that will make commensurate contributions to the achievement of a 90 per

cent. reduction in UK greenhouse gas emissions against 1990 levels by 2030.

Duty of the Secretary of State to improve energy efficiency

Luciana Berger

Huw Irranca-Davies

NC9

To move the following Clause:—

‘(1)
The Secretary of State must prepare and publish a plan for achieving the principal

purpose set out in section 1(1) in England.

(2)
The plan must establish specific aims and describe the proposed means of

achieving them together with methods for reporting on progress towards meeting

them.

(3)
In preparing the plan, the Secretary of State must take account of any plans

produced under section 60(2) of the Climate Change (Scotland) Act 2009.

(4)
Where an aim is designated under this section, the Secretary of State must take

all reasonable steps to achieve the aim.

(5)
The plan prepared under subsection (1) must be published no later than 12 months

after the day on which this section comes into force.

(6)
The Secretary of State must, as soon as reasonably practicable after publishing a

plan under this section lay it before Parliament.

(7)
The Secretary of State must, within one year of each order setting a carbon budget

under section 8(1) of the Climate Change Act 2008, review the plan prepared and

published under this section.

(8)
Where, following a review under subsection (7), the Secretary of State varies the

plan, he must, as soon as reasonably practicable after so doing, publish the plan

as so varied.’.

Annual report on progress

Luciana Berger

Huw Irranca-Davies

NC10

To move the following Clause:—

‘(1)
Section 1 of the Sustainable Energy Act 2003 (annual reports towards sustainable

energy aims) is amended as follows.

Public Bill Committee: 7 June 2011
87

Energy Bill [Lords] Continued

(2)
In subsection (1) (sustainable energy report) after paragraph (e) insert “and (f)

achieving the aims established by the plans produced under section 2 of the

Energy Act 2011 and section 60(2) of the Climate Change (Scotland) Act 2009”’.

Carbon dioxide emissions performance standards for electricity generation

Caroline Lucas

NC18

To move the following Clause:—

‘(1)
The Secretary of State shall by regulation establish a carbon dioxide emissions

performance standard of 300g/kWh as the maximum level of carbon dioxide that

may be emitted per unit of output by all new, extended, or upgraded electricity

generating stations with a capacity of 50 megawatts or more.

(2)
In addition to the emissions performance standard required by subsection (1) the

Secretary of State shall by regulation establish the maximum level of carbon

dioxide that may be emitted per unit of output for all existing electricity

generators of a capacity of 50 megawatts or more.

(3)
The level of the emissions performance standard introduced pursuant to

subsection (2) shall be set with a view to requiring, within a reasonable period of

time, widespread deployment of technology, or other actions necessary to

completely phase out unabated electricity generation from fossil fuels, on time

scales consistent with the advice of the Committee on Climate Change.

(4)
In establishing the level of the carbon dioxide emissions performance standards

required by subsections (1) and (2) the Secretary of State shall obtain and take

into account—

(a)
the most up-to-date scientific knowledge about climate change;

(b)
the advice of the Committee on Climate Change, particularly in relation

to carbon budgets, medium- and long-term emission reduction targets,

and future emissions from the electricity generating sector.

(5)
Regulations made under this section—

(a)
shall be made by statutory instrument;

(b)
shall not be made unless a draft has been laid before and approved by

resolution of each House of Parliament.

(6)
The regulations required by subsections (1) and (2) shall be laid before

Parliament within six months from the date on which this Act is passed, with the

emissions performance standard required by subsection (1) entering into force no

later than 12 months from the date on which this Act is passed.’.

Member’s explanatory statement

The intention of this amendment is to enable and require the Secretary of State to introduce carbon

dioxide emissions performance standards to set the maximum amount of carbon dioxide emissions

that may be emitted from individual electricity generating stations.

Public Bill Committee: 7 June 2011
88

Energy Bill [Lords] Continued

Micro combined heat and power passive flue gas heat recovery devices

Dr Alan Whitehead

Tessa Munt

NC19

To move the following Clause:—

‘(1)
The Secretary of State must within 12 months of the passing of this Act consider

whether it is—

(a)
viable;

(b)
cost effective; and

(c)
desirable


to require all new boilers installed in domestic properties to be—



(i)
micro combined heat and power units; and

(ii)
to include passive flue gas heat recovery devices.

(2)
In the section—

“micro combined heat and power” means a combined heat and power unit

designed for residential properties or other small buildings;

“passive flue gas heat recovery devices” means technology that can use the

waste heat from condensing boilers in order to heat water.’.

Advice on benefits of passive flue gas heat recovery systems (PFGHRS)

Dr Alan Whitehead

Tessa Munt

NC20

To move the following Clause:—

‘(1)
For the purpose of enabling him to assess the benefits of PFGHRS in dealing with

fuel poverty the Secretary of State must request the advice of the bodies specified

in subsection (2).

(2)
The bodies referred to in subsection (1) are—

(a)
the Energy Saving Trust;

(b)
the Fuel Poverty Advisory Group; and

(c)
the Building Research Establishment.

(3)
A request for advice made pursuant to subsection (1) may also include a request

for advice as to how PFGHRS can assist in combating climate change.

(4)
The Climate Change Committee must within 12 months consider and produce a

report on the ways in which PFGHRS can assist in dealing with climate change.

(5)
In this section—

“PFGHRS” means technology that can use the waste heat from condensing

boilers in order to heat water.’.

Public Bill Committee: 7 June 2011
89

Energy Bill [Lords] Continued

Cost benefit assessment of energy saving and energy generating

Dr Alan Whitehead

Tessa Munt

NC21

To move the following Clause:—

‘(1)
The Secretary of State must within 12 months of the passing of this Act publish

an assessment (“the assessment”) of the costs and benefits of saving energy

compared with those of generating energy.

(2)
In this section saving energy includes measures to—

(a)
reduce demand for energy;

(b)
conserve energy; and

(c)
use energy more efficiently.

(3)
Before publishing the assessment the Secretary of State must consult—

(a)
such bodies as in the Secretary of State’s opinion represent—

(i)
the energy efficiency industry;

(ii)
the energy generating industry; and

(iii)
environmental interests; and

(b)
such other persons as considered appropriate.

(4)
The Secretary of State must take into account the assessment when making any

estimates, projections or policies regarding the amount of energy that is required

to be generated in order to satisfy the needs of the United Kingdom.’.

Display energy cerficates

Zac Goldsmith

NC22


To move the following Clause:—

‘(1)
The Secretary of State must within twelve months of the passing of this Act make

regulations requiring all premises to which this section applies to display in a

prominent place a Display Energy Certificate relating to the premises.

(2)
In this section “Display Energy Certificate” has the meaning given in section 17

of the Energy Performance of Buildings (Certificates and Inspections) (England

and Wales) Regulations 2007.

(3)
This section applies to all non-domestic premises of a size and type to be

specified in the regulations.’.

Duty of Secretary of State to make regulations regarding the installation of energy

Public Bill Committee: 7 June 2011
90

Energy Bill [Lords] Continued

efficiency measures by energy suppliers

Luciana Berger

Huw Irranca-Davies

NC23


To move the following Clause:—

‘(1)
For the purposes of requiring energy suppliers to assist in combating fuel poverty

by the reduction of home heating costs and to meet carbon dioxide reduction

targets the Secretary of State must within twelve months of the passing of this Act

make regulations establishing a scheme requiring energy suppliers to install

specified energy efficiency measures in residential properties.

(2)
Regulations made pursuant to this section must specify:

(a)
the energy measures to be included;

(b)
that priority for installation of those measures shall be given to the homes

of persons living in fuel poverty;

(c)
the carbon dioxide reduction target to be achieved as a result of those

measures; and

(d)
such other matters that are in the opinion of the Secretary of State

required for the setting up and operation of the scheme.

(3)
In this section:

“fuel poverty” has the same meaning as in the Warm Homes and Energy

Conservation Act 2000.

“energy suppliers” means any person licensed to supply electricity pursuant

to the Electricity Act 1989 and any person licensed to supply gas

pursuant to the Gast Act 1986.’.

Domestic minimum standard regulations

Tessa Munt

NC24


To move the following Clause:—

‘(1)
The Secretary of State shall make regulations for the purpose of securing that—

(a)
a landlord of a domestic PR property, or

(b)
the appointed agent of a landlord of a domestic PR property


which falls below a minimum standard of energy efficiency (as demonstrated by

the energy performance certificate) as is provided for by the regulations shall not

let or market to let the property until such time as the landlord can demonstrate

that the property meets the minimum standard for a domestic PR property.

(2)
Regulations under this section are referred to in this Chapter as “domestic

minimum standard regulations”.

(3)
For the purposes of domestic minimum standard regulations—

“energy performance certificate” has the meaning given by the Energy

Performance Regulations;

“landlord”, “local authority” and “appointed agent” have the meanings

given by the regulations; and

“minimum energy efficiency standard” means Band E or above expressed

in accordance with Regulation 11(1)(a) of the Energy Performance



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