Among other provisions that control nearly every aspect of our lives, the Waxman-Markley energy bill has a requirement that forces the entire United States to use a National Building Code similar the green building standards of California. Regardless of whether your house is in Miami, Florida or Bangor, Maine, you'll have to adhere to the standards used in a state that has one of the most moderate climates in the U.S.

The bill, according to my preliminary information, will require sellers to have an energy inspection prior to being able to sell their home. Windows, appliances and insulation will have to be inspected and approved by a government inspector and it's possible that modifications would have to be made for compliance before you can close the sale.  This could cost a prohibitive amount in many cases. For example, let's say that you own an older house which you bought in 2003 for $250,000 and you now need to sell. Not only has the value fallen to or below the level of the mortgage due the the drop in prices, but you are now possibly faced with re-insulating the entire house, installing new windows, and changing the HVAC & other appliances. The total cost for this type of renovation might easily come to well over 10% of the house's value.

It begins to look as if defaulting on the mortgage might become even more common. The real tradegy is that low income families are more likely to live in older houses which won't meet the new standards and which will require major upgrades. There will probably be a provision for government assistance for those who are unable to foot the bill of any required renovations.  This is just another way of telling the people who are paying their bills and trying to play by the rules that they must pay for their houses and for other people's as well. 

One preliminary part of the bill has been rumored to mandate that all energy efficiency evaluations of one particular type must be performed by one single company, regardless of where in the U.S. the house is located. Wow! I'd sure like to own that company. I wonder who does?

To further compound the irony, the EPA has now released a new study which states that the average temperature of the Earth is in decline. It seems that this data has been available for some time, but is only now being released. Hmmm!

Woops! Since I wrote this, the EPA has suppressed the study again. I guess it was an inconvenient time.

Let me review the science behind this legislative effort: Oxygen and Nitrogen combined make up 99% of the earth's atmosphere.  Carbon Dioxide is found at a concentration of only 339 atoms per million atoms of atmospheric gas.  It's been estimated that man's contribution to this 339 atoms is only about 3%.  Of course there is a great divergence of opinion about this.  The interesting thing is that plants absolutely must have CO2 in order to survive, so, if we actually were successful in lowering the CO2 percentage in the air, we'd probably be faced with lower crop yields.  The other thing that bothers me is that the earth has been cooling for the past 10 years or so.  Add to this the documented fact that many of the surface temperature measuring stations have been placed near air-conditioning compressors or in the middle of asphalt roofs or parking lots.  The data from these have been claimed to show the earth's temperature rising.  Finally, the disaster predictions made by those who are afraid of man-made global warming are all based on computer models which use parameters which have not been shown to be 100% accurate.  Then, there's Mars...global warming is showing up there too.  I wonder if it's due to the Mars Rovers we've sent up there and not due to increased solar radiation as the sun moves through its natural cycles.

The idea of trading carbon credits is an idea which large banks and corporations seem to like.  It will be a market that they can use to get rich, while the consumers who will be faced with doubled electric bills will bear the cost.  It's similar to the medieval practice of Papal indulgences.  A wealthy sinner could pay the Pope for an indulgence which forgave him his sin.  Of course, the person he sinned against was still damaged, but the sinner wouldn't have to feel guilty.  If companies purchase carbon credits and then release carbon dioxide, the organization selling the credits benefits, but the earth still gets the carbon dioxide.  Hmmm.

Of course, this bill has to pass the Senate and then go to the reconciliation committee before it goes to the President to be signed into law. The White House is deviously trying to push off the Senate's consideration of the bill until sometime in September after they have voted on the horrendous, healthcare-rationing bill (if you're over 65, I've read that you'll be forced to attend classes on how to shorten your life should you get sick). By then, I expect that they think that the average citizen will have forgotten all about what Cap and Trade is going to do. The only good thing about this delay is that there's time to let your Senators know what you think about this massive bill which will make all aspects of our lives far more expensive and destroy American industry and competitiveness.

 

29 Comments on The energy bill may hurt real estate ownership.

JUN
30
244,782 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router

I love our new administration and infinite wisdom haha Just like lets put moratoriums in place and not flood the market during the good selling months and wait til the slowest month of the year to release them. 

9:34am • #1
173,547 Points 1 Featured Post

The looting and implosion of our wonderful Country continues!

9:35am • #2

Interesting; appreciate your insights, had not heard much about it.

thanks.

9:39am • #3
1 Featured Post

All - thanks for the comments.  I posted this text on another site and got a very negative comment from someone who believes that man-made climate change is one of the biggest dangers of our time and insists that they've read the entire 1500 page bill in three days and that I'm incorrect on some of my points.  Whether or not I'm not entirely correct in my post (for example there is a phase-in period for inspections and compliance that I didn't mention), I do think the Waxman-Markley bill, if it becomes law, will greatly damage homeownership by increasing costs of aquisition, sale, and monthly expenses at a time when our country can ill afford it.  I think the bill is one which should be opposed by the real estate community and by the citizens of our country in general.

Regards,

Eric

5:05pm • #4

Thank  you for this insightful information.  The statement used to be true that one does not really own their property in the USA, but rather that the government is just the landlord that charges the least rent. 

Our Founding Fathers would be ashamed of the federal government we have assembled for over 80 years.

 

LiveFreeorDie
9:05pm • #6
JUL
01
Localism Sponsor Outside Blog

Man made climate change is NOT the greatest threat to our survival. It's the small percentage of loons who perpetrate lies, lobby to support their positions;donate to politicians who in turn make investments in enterprises that willl benefit--all of these push their own agendas down our throats. The public good be damned.

8:19am • #7

 

No one from this government or any other will enter my home based on this idiotic CRAP and trade..

The commies are coming to America.

FINAL

GWS
8:46am • #8

We have to do something about this, I can't believe what this administration is doing to our (we the people) country.  They are taking over and need to be stopped.  Even if that means there is another revolution!!

Donna
9:57am • #9

I wonder why there so many firearms and ammunition sold when the new administartion came in?

gws
10:33am • #10
125,790 Points Localism Sponsor

We all Must start getting to the members of the Senate and let them know that this bill will ruin America in general not just home owners and sellers.

12:59pm • #11
125,790 Points Localism Sponsor

I have seen the news that the EPA has suppressed an EPA study that states the temperturn of the Earth is actulaly in a decline. Washington is out of control at all levels.

1:03pm • #12

Where on earth did you get all your "facts"?  None of them are true!  Read the bill.

There is absolutely no requirement that states adopt California's building code.  The feds will come up with an updated code re energy efficiency and states will be coerced into adopting its provision.  States may, in lieu of waiting for the fed's code, adopt California's code.  Some may, but most probably won't.  The updated code will apply only to new homes and extensive remodels.

There is absolutely NO requirement that homes pass an energy inspection before they can be sold.  None!  I've looked and looked through the bill as passed by the House and that provision does not even remotely exist.

MN-Sunshine
2:52pm • #13

Eric,

I'm reading the bill now.  Where can I find the text for this requirement on existing homes?  I want to post the actual language, but I can't find it.  I find that the state needs to be in compliance and the requirement for energy labels, but, I'm looking for the wording about needing the inspections before selling an older home.

 

I am unfamiliar with the codes and reading bills. I'm probably missing it. I'm looking at page 297 Title II Energy Efficiency.  

 

Please Help.

Cargosquid
11:05pm • #14
JUL
02
1 Featured Post

First, I'm happy to admit that my title was a little overly dramatic, but it's certainly got a lot of people's interest.  I think that's good because ignoring what's happening in Washington is not going to lead to bliss.  So, thanks for reading.

My understanding is partially based on preliminary information that I gathered before the bill was passed. Several hundred pages were added last Friday night just prior to the vote.  If it's ok for our representatives to pass the bill prior to reading it despite the fact that there is absolutely no constitutional authority for such a bill, then it's ok for me to state my preliminary understanding of it. 

As I understand it, the inspection requirement will be phased in and is not part of the initial implementation.  In some locations changing a window or working on an electrical junction box requires the entire subsystem to be brought up to current code, so a minor repair requested by a buyer might mean that the seller could be faced with the choice of bringing at least part of the house up to the new code or performing an illegal repair.  We are all aware of the problems with this.  I understood that the federal code would be at least as stringent as that of California - might be wrong on that - don't know.  If you want to read it yourself, here's a link to the bill.

The Heritage Foundation has estimated that the impact of the bill will immediately double a family's electric costs and will eventually increase household operating costs greatly.  What family on a fixed income can afford that? 

Of course, the bill as it now stands will probably not become law.  The Senate can be expected to modify it considerably before passing it to the reconciliation committee.  If those modifications are in the direction of less government control over our private lives and less expense, there might be some justification for the bill, however, the idea that it will greatly impact global CO2 production and reduce global warming cannot be demonstrated to be true without ignoring the facts.  Read the executive summary of this report for an example of the reliability of some of the commonly accepted facts.

I want a clean, livable environment as much as the next person, but I don't think that this massive piece of legislation is the way to accomplish that. It seems more geared to take dollars from our pockets and distribute them to favored companies which have lobbying pull. 

Whether you agree with me about the exact meaning of the provisions of the bill or not, I urge you to carefully consider the net effect it will have on our fragile economy and rapidly fading global competitiveness.  If you decide that it will have a negative effect, please contact your senators.

7:17am • #15
1 Featured Post

Also, for a couple of interesting opinions about the bill, read these 1 and 2.

7:32am • #16

I have cut and pasted the latest from RPAC that differs somewhat from what you have said is in the final bill.

 

Environment Report
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/climate bill. There would be a House-Senate conference 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 energy 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.

Austin Perez 202-383-1046

10:27am • #17

http://video.google.com/videoplay?docid=4860344067427439443&hl=en

This is a video of information explaining some of the errors in the Global Warming debate.  Well worth a look.

Jagger
12:28pm • #18

I don't believe it Jill.  I've heard on several radio stations this morning that REEP does include existing residential homes.  NAR appears less than honest in their article.

 

"(CNSNews.com) - The 1,400-page cap-and-trade legislation pushed through by House Democrats contains a new federal policy that residential, commercial, and government buildings be retrofitted to increase energy efficiency, leaving it up to the states to figure out exactly how to do that.
 
This means that homeowners, for example, could be required to retrofit their homes to meet federal "green" guidelines in order to sell their homes, if the cap-and-trade bill becomes law.

It continues: "The purpose of the REEP program is to facilitate the retrofitting of existing buildings across the United States."
 
The bill leaves the definition of a retrofit and the details of the REEP program up to the EPA. However, states are responsible for ensuring that the government's plans are carried out, whatever the final details may entail.

States shall maintain responsibility for meeting the standards and requirements of the REEP program," the bill says.
 
States may contract with private agencies to oversee the retrofitting and measuring of improved efficiency and environmental friendliness of houses and other buildings, making sure that private citizens have a variety of choices for retrofitting their homes.

"States and local government entities may administer a REEP program in a manner that authorizes public or regulated investor-owned utilities, building auditors and inspectors, contractors, nonprofit organizations, for-profit companies, and other entities to perform audits and retrofit services," reads the bill.
 
It further says, "A State or local administrator of a REEP program shall seek to ensure that sufficient qualified entities are available to support retrofit activities so that building owners have a competitive choice among qualified auditors, raters, contractors, and providers of services related to retrofits."
 
In fact, individual homeowners are even allowed to retrofit buildings themselves. The bill gives specific protection to individual owners' rights to choose who inspects and retrofits their property.
 
"Nothing in this section is intended to deny the right of a building owner to choose the specific providers of retrofit services to engage for a retrofit project in that owner's building."
 
Even though Congress says the states are responsible for carrying out the retrofits, the EPA and the Department of Energy will establish the guidelines and rules for doing so.
 
"The Administrator, in consultation with the Secretary of Energy, shall establish goals, guidelines, practices, and standards for accomplishing the purpose stated in subsection (c) [the retrofits]," the bill says.
 
The program would involve a system of certified auditors, inspectors, and raters who inspect homes and businesses using devices such as infrared cameras (which measure how much heat a building is giving off) to measure their energy efficiency.
 
The results of these energy audits would then be used to determine what retrofits need to be performed. The audits would examine things like water usage, infrared photography, and pressurized testing to determine the efficiency of door and window seals, and indoor air quality. 
 
Those retrofits would be performed by licensed retrofit contractors using government-approved methods and resources including roofing materials that reflect solar energy.
 
"[B]uilding retrofits conducted pursuant to a REEP program utilize, especially in all air-conditioned buildings, roofing materials with high solar energy reflectance," the legislation states.
 
After the retrofitting is complete, the government - state, local, or federal - will come back and re-inspect the house to determine how much energy has been saved and whether the retrofit is up to federal government standards.

 

There is far too much language about HOW EXISTING residential properties will be retrofitted for it not to be true!

12:28pm • #19
JUL
03

Notice how the Democrats are always rushing massive bills through congress to an Obama that doesn't even bother to read them. Hurry hurry hurry! It must be done right away!!! Don't bother to read it! Just sign and let's go!!!

They KNOW they are doing things TO America instead of FOR America. They don't care what WE want, they have decided on their own what we need.

Start dumping all of them in 2010 and finish the job by dumping the rest of them in 2012.

Let's clean house and get these utter morons away from the controls of government!

Chris Parks
11:19am • #20

With all due respect. Don't be a dupe.

Considering the current state of the national economy, current state of the housing economy, coupled with the ma$$ive amount$ of money that the National; Assocaition of Realtors invests in the US Congress and Senate, there is no way on this planet that retrofitting homes to a mandated energy standard will be a law. 

Think fro a second....There is no national mandate to remove lead form your home prior to sale even though American treasures it's children.

This my friends in one more half truth being pushed as a polital party talking point by those who wish to dupe you. Don't be a dupe.

 

*cpr1200r is a Registered Independant, and Recovering Republican since May 20, 2009.

cpr1200r
4:00pm • #21
1 Featured Post

To all,

I'm going to leave this post up through the weekend and then probably pull it down.  I appreciate your interest in this topic.  My intent in writing it was not to "dupe" anyone as cpr1200r asserts.  I'm a libertarian by nature and am not involved in any political party scheme to repeat talking points.  Frankly, I wrote this because I'm scared to death of what the previous and present administrations are doing to our beloved country.  At the time I wrote this post, I presented what I understood about the legislation.  During the past few days, I've become even more unhappy with the wealth redistribution schemes that are incorporated in this bill.  I see cases of extreme hardship on a daily basis in my real estate practice and I know that you do too.  I'm against any legislation that promises to greatly increase the cost of living.  This bill will add thousands of dollars to household expenses and there should be no argument about that.

6:24pm • #22
JUL
08

Thank you for addressing the possibilities of the Cap and Trade bill being passed.  Please do not remove the article as this information needs to be out there to at least spark peoples interest and hopefully lead them to dig deeper for facts and to pay attention as bills are passed in such haste. 

Robin

12:34pm • #24
JUL
09
4 Featured Posts

Eric... Admin for Real Estate Agents for the Pickens Plan here...

Please do not take this post down... I just linked to it from here.. It's one of the best posts I've seen on the Rain in quite some time.

Considering the huge impact this Bill has on Real Estate... Homes.. etc.. The discussion the Waxman-Markley Bill should be generating on the Rain is well under represented to say the least.

Great Post and Great Comments...

 

8:12am • #25
JUL
11
Outside Blog

I also think that you should leave it up because it encourages people to do a little research on pending legislation and not just listen to the talking points of their political parties.....We all know what our elected officials will say...Republicans will hate it and Democrats will love it. Had this bill been introduced during the past administration (first term), then the Republicans would have loved it and Dems would have hated it. This way, people can research things for themselves instead of letting politicians spoon feed them information.

1:19pm • #26
JUL
18

Any law that requires backwards compatible building code compliance is a bad idea, regardless if if its about earthquakes, hurricanes or energy.

11:11am • #27
JUL
20

John March's comment says it all.  This is outrageous.  Every week I find something new to be up in arms over.  This is insanity. 

12:34pm • #28
JUL
21
1 Featured Post Outside Blog

leave it up please the more information the better and people who just want to ignore the problems in this massive unread bill are not the ones we should listen to... thanks

3:16pm • #29
JUL
24

Thanks for the informative information, I agree with you.

3:26pm • #31
AUG
04

"The interesting thing is that plants absolutely must have CO2 in order to survive, so, if we actually were successful in lowering the CO2 percentage in the air, we'd probably be faced with lower crop yields." 

Lowering our CO2 emissions will not hurt our agricultural GDP, as you have suggested - even if every person in America were to trade their vehicle in for a hybrid, we would be more than OK. This is about as crazy as expressing concern regarding the evaporation of oxygen for human's to consume. I assume you realize that every time you breath out you supply CO2 to the Oaks, Redwoods, and Corn Crops of the world.

I also am concerned about your lack of long term perspective. Global warming may be a contested issue, but surely you understand that pollution is real and a hazard.

Lastly, the California initiative that this bill is based on caps the cost at $1300 per homeowner. If the government does not use a similar number for the nation when the bill is FINALIZED, I will eat my words.

http://www.spur.org/publications/library/report/critical_cooling/option2

While $1300 is still a formidable cost for lower income households, this can be shared with the home buyer - or recouped through the value added to the house.

I've got the black lung
12:23pm • #32

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Eric Martell

Orlando, FL

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RE/MAX Properties SW, Inc.

Address: 6985 Wallace Road, Orlando, FL, 32819

Office Phone: (407) 352-5800 x 618

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