Previous issues of this column have addressed various elements of green building including Green features, rating systems and audit mandates for housing. While there is a wide and varied understanding and commitment for Green building among the public, builders and sales representatives, one matter needs clarification and update: The status of energy audit mandates with respect to the The U.S. House of Representatives approved H.R. 2454, the American Clean Energy and Security Act by Reps. Waxman (D CA) and Markey (D MA).
On December 7, 2009, there was an article by another writer entitled "Green Movement Here to Stay." While the subject is one that receives differing degrees of acceptance, there were some points made that merit comment or update relative to the above referenced bill in Congress.
It is not my position to speak for or on behalf of the National, State or Local Associations and Board of REALTORS®, but it is my purpose here as a recipient of the NAR "GREEN" designation to cite authority of said trade organization. The following gives clarity to the elements of the legislation relative to requiring energy audits and labels on property before sale as mentioned in the article with reference to the American Clean Energy and Security Act. The information used here is available to the public at REALTOR.ORG. In its analysis of the pending legislation, the NAR has issued the following and it is cited here to provide clarity for this critical issue:
"Following NAR's long standing policy to only take a position on legislation, or provisions within legislation that have a direct affect on real estate, NAR worked with our Congressional allies to strip the Energy Bill of provisions that would have adversely affected our industry.
"After multiple consultations with the NAR Climate Presidential Advisory Group, the NAR Land Use, Property Rights and Environment Committee, and state associations who had dealt with energy audit legislation at the state level, the Land Use, Property Rights and Environment Committee directed NAR staff to concentrate on the real estate provisions in the bill. As a result, NAR issued calls for action and made this a talking point for Capitol Hill visits during its recent [May 2009] Midyear meeting.
"Overall, REALTORS® succeeded in making a number of positive changes affecting the real estate provisions of the bill. The House approved bill:
* Does not create a federal energy audit requirement for real property;
* Exempts existing homes and buildings from any federal guidelines for new construction energy efficiency information labels.
* Prohibits the implementation of any labeling during a sales transaction.
* Leaves the decision to states as to whether to require energy audits, disclosures, etc.
* Provides property owners with significant financial incentives, matching grants and tools to make property improvements and reduce their energy bills;
* Prohibits the Environmental Protection Agency from regulating residential and commercial buildings under the Clean Air Act;
* Eliminated an early proposal to allow citizens to sue over minor climate risks under the Clean Air Act; and
* Establishes green building incentives for HUD housing, including a loan program for renewable energy, block grants and credit for upgrades in mortgage underwriting."
The modified Bill that passed the House has been sent to the Senate. According to the NAR, "The Senate must still pass its version of an energy and climate bill. If this occurs, a House-Senate conference committee will be held to reconcile differences between the House and Senate bills."
There are two points that should be made: (1) Energy conservation is a top focus item gaining enormous attention and is very much on the action list of Legislators, especially those advocates of climate change and energy management. (2) The public and members of the building and sales trades are not up to date with these critical, sensitive matters so important to consumers. Regardless of which side of the fence one chooses to stand, opponents and proponents should be energized (pun intended) to let Congresspersons know their position and take a strong proactive advocacy position on this highly provocative matter of "Green" and "Energy."
St. George REALTOR® Jim Coleman is Associate Broker and Partner/Owner of ERA Brokers Consolidated. He Specializes in Residential, Investment and Commercial Real Estate, holding National Designations of Accredited Buyers Representative (ABR), Certified Residential Specialist (CRS), Resort and Second Home Property Specialist (RSPS), Seniors Real Estate Specialist (SRES), Certified International Property Specialist (CIPS), GREEN Property Specialist, and Certified Short Sale and Foreclosure Resource Specialist (SFR). You can contact him by e-mail at Jim@JimColeman4Homes.com. Call: (435) 674-0600; or write: Jim Coleman, 201 East St. George Boulevard, St. George, Utah 84770. This and other columns are available at www.WinningTalk.com/articles.