I’ve been sickened with what I’ve been hearing and seeing with the Federal Cap and Trade Legislation. Below is a video of Minority Leader John Boehner reviewing part of HR 2454. Among other things is the need for Energy Efficacy Ratings before you can sell your home, the ability for Federal Employees to tell you and your Property Owner Association what they must of cannot require you to do with your home.
Additionally, there is an outrageous amount of money being required for local and states to keep track of these mandates. The Representative also illustrates how this will harm jobs, in a market where reportedly 14% of Americans are without a job. You need watch carefully and contact your representatives!
Primarily thanks to Republican lawmakers and small thanks to lobbyists from the National Association of Realtors® several aspects of this Bill did not make it through the house vote, but there are many other elements, not related to housing that are frightening.
H.R. 2454, the American Clean Energy and Security Act. Here are the facts as they concern Home Owners:
The bill, as it passed the House,:
· Does NOT create energy audit requirements for real property at time of sale
· Exempts existing homes, multifamily and commercial buildings from any federal energy labeling guidelines (such as the existing federal Energy Star label program)
· Leaves decision entirely to state governments whether to pass a law to require labels (but it expressly prohibits labeling during a transaction)
· Creates a national building code standard that improves energy efficiency in buildings (and states have one year to bring their state codes into compliance)
· Prohibits the Environmental Protection Agency (EPA) from regulating carbon emissions from residential and commercial buildings under the Clean Air Act
· No longer includes provisions to bolster private right of action under the Clean Air Act that would have allowed citizens to halt construction over minor risks – whether real or imagined
· Offers property owners with matching grants and diagnostic tools to make property improvements that save energy
· Provides green-building financial incentives for HUD housing, including loans, block grants and credit in underwriting for energy improvements
NAR was directly involved in the bill’s amendment and will continue working to address remaining issues as the bill makes its way to the Senate.
Here is what the National Association of Realtors Released:
Houses Passes Climate Bill with Energy Labeling Exemption
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). The bill, re‐numbered H.R. 2998, includes NAR‐supported provisions which
were championed by Rep. Perlmutter (D‐CO) that exempt existing homes and buildings from the bill’s energy labeling program.After multiple meetings to discuss the Waxman‐Markey bill, the NAR 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 Midyear meeting. Overall, Realtors
succeeded in making a number of positive changes to the bill. Thanks to Realtors, the House‐approved bill:• Limits the energy labeling provisions to new construction only;
• Prohibits the Environmental Protection Agency from regulating carbon emissions from residential and
commercial buildings under the Clean Air Act;
• Eliminates an early proposal to bolster a private right of action so that citizens could sue over minor
climate risks under the Clean Air Act; that proposal is no longer in the bill as passed by the House;
• Provides property owners with significant financial incentives, matching grants and the tools to make
property improvements and reduce their energy bills; and
• Establishes a multitude of green building incentives for HUD housing, including a loan program for
renewable energy, block grants and credit for upgrades in mortgage underwriting.While H.R. 2998 includes many positive changes, NAR will have additional opportunities to make further changes to address unresolved issues, such as the bill’s building energy code targets. The Senate must still pass its version
of an energy and climate bill. There would be a House‐Senate conference committee to reconcile differences between the House and Senate bills. The timing for a vote in the Senate is not clear as the Environment and Public
Works Committee still must develop the climate provisions to "cap and trade" carbon emissions. The Senate Energy and Natural Resources Committee has approved the energy provisions (to which climate provisions would
be coupled), which include building standards that are more realistic and preserve state flexibility to develop and enforce building codes. While the bill as approved by the House represents a significant improvement over the bill
that was introduced, NAR will continue to work to address these issues as the legislative process continues.An NAR summary of climate issues, which summarizes NAR policy, may be accessed on Realtor.org. Here is the link: NAR Climate Issue Legislation
What scares me most, is that these amendments were even made. Special Interest is killing common sense. I am a fan of being a good steward with the earth and caring for it, but not the extent that it impoverishes a nation. It’s very important that we all watch the law making system and really vet the elected officials as they run for election or re-election. There are some scary things going on with Congress right now…
You can read more insight into how this effects housing on www.AgentGenius.com, as Jim Duncan discussing in more detail some of the crazy stuff that will affect you directly.

