Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

If You Don't Hate the Cap and Trade Bill, Let Me Show You Section 304
American Issues Project - blog ^ | 7/08/09 | Jimmie Bise

Posted on 07/08/2009 11:23:26 AM PDT by RicocheT

"I bet you thought that if you bought a house, you actually own it and can, with reasonable exceptions, do with it what you want. You probably think that if you want to live in a log cabin, with wood stoves that belch smoke into the air for heat, and an old washer and dryer that don't have those little EnergyStar stickers on them you can because it's your life and your property. You paid for it with money you earned with the sweat of your brow and what the heck is America anyhow if a body can't live in the home they want furnished with the appliances they want?"

Ah, silly you. You didn't reckon on the Democratic Party's desire to control every miniscule aspect of your life.

Let me introduce you to a little section of the Waxman-Markey cap-and-trade bill called the "Building Energy Performance Labeling Program". It's section 304 of the bill and it says, basically, that your house belongs to the state. See, the Federal Government really wants a country full of energy-efficient homes, so much so that the bill mandates that new homes be 30 percent more energy efficient than the current building code on the very day the law is signed. That efficiency goes up to 50 percent by 2014 and only goes higher from there, all the way to 2030. That, by the way, is not merely a target but a requirement of the law. New homes must reach those efficiency targets no matter what.

But what does that have to do with current homeowners like you? Well, I'm glad you asked. You're certainly not off the hook, no way, no how. Here's what the Democrats have planned for you."

(Excerpt) Read more at americanissuesproject.org ...


TOPICS: Business/Economy; Government
KEYWORDS: biggovernment; capandtrade; capntrade; energy
Navigation: use the links below to view more comments.
first previous 1-2021-4041-53 last
To: RicocheT

I for one would like to see what it would cost to bring Obama’s sprawling mansion into green compliance.


41 posted on 07/08/2009 2:01:24 PM PDT by finnsheep
[ Post Reply | Private Reply | To 1 | View Replies]

To: NavyCanDo

I’m thinking of Issaquah/Sammamish area .... I believe that used to be conservative.

Hopefully zero is so far left that the pendelum will swing to the right at least for part of King County.


42 posted on 07/08/2009 2:03:17 PM PDT by Aria ( "The US republic will endure until Congress discovers it can bribe the public with the people's $.")
[ Post Reply | Private Reply | To 38 | View Replies]

To: Old Professer

Wasn’t Kevin T Keith the poster who was accused by another poster, who claimed to know Keith personally, of being on welfare all his life and living in public housing?


43 posted on 07/08/2009 2:05:19 PM PDT by Aria ( "The US republic will endure until Congress discovers it can bribe the public with the people's $.")
[ Post Reply | Private Reply | To 39 | View Replies]

To: RicocheT

Wow, a totally Unbelievable BTTT! And they’re trying to Force This THROUGH!


44 posted on 07/08/2009 3:01:30 PM PDT by Pagey (B. Hussein Obama has no experience running anything, except his pedestrian mouth.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RicocheT
I've made it to page 405 (middle of ACORN-environmetal wacko stuff) so far.....2.5 hrs, even with skipping the bureaucratic boilerplate.

Now if I could just skip having to run to the bathroom to barf every 15 minutes, or running to the gun-safe and staring at it for 5-10 minutes, I could make better progress.

For now I'll just keep a bucket under my desk to save a few steps.

45 posted on 07/08/2009 3:15:02 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: erkyl

ping


46 posted on 07/08/2009 3:26:00 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
[ Post Reply | Private Reply | To 45 | View Replies]

To: SuperLuminal

I am a member of the American Issues Project and saw this post this morning on facebook. I’ve been engaged in an email discussion with Austin Perez, Environmental Policy Representative for the National Association of Realtors about this. He has continued to assure me that these sections do not apply to any housing except for new construction. But I haven’t gotten confirmation from him on that just yet. Here’s our exchange:


Me:
In reading your article posted on your site (http://www.realtor.org/fedistrk.nsf/currwklyrpt/government+affairs+weekly#report_3_06_29_2009) related to the referenced legislation, you indicate that existing homes are exempt from the legislation. However, it sounded to me upon hearing Rep. John Boehner reading the last minute amendment added at 3:00 am the day of the vote, that existing homes would not be exempt from the energy requirements. Can you please confirm that this last minute addition did not alter your efforts to exempt existing homes from this energy standard legislation?

Thanks


Perez:
On page 392 of the bill:
23 (m) NEW CONSTRUCTION.—This section shall apply
24 only to construction beginning after the date of enactment
25 of this Act.

Mr. Boehner staff didn’t give him the latest information...


Me:
I don’t think even the Energy Czar, Carol Browner, has read the whole thing. There’s no complete final copy available anywhere for anyone to read. I would appreciate you checking to make sure that the data you referenced on page 392 wasn’t overturned or changed in the last minute changes. We really have no assurance that it wasn’t changed since no copy has really been published for public perusal.

Thanks for your dedication to protecting home owners and the industry. It would behoove the NAR to make sure this deal didn’t change in the final hours.

Thanks


Perez:
I’m not sure how well you know Carol Browner. But if it will help, you can confirm if you go to thomas.loc.gov, search for hr 2454, click on the link to the third (House passed) version and goto p 392.


Me:
Thanks for the link. That would help, however currently, the bill is not available to be read, only the House Reports. When you click on the actual bill, you get an error message. As to Carol Browner, I was just referring to the interview I saw in which she said she had read “vast portions” of the bill, but would not admit to having read all of it.


Perez:
Didn’t see the interview but she was at EPA when I represented the Small Business Admin. She’s the type that won’t take another’s word for it.

Just tried it and successfully pulled up the bill on my blackberry. I didn’t click on the link at main page. I searched by bill no hr 2454, clicked on text of the bill, clicked on third version (as engrossed...). Click on the top left for the GPO (Govt printing office) for the PDF format.

If that doesn’t work I’ll send you the bill directly. Just think it might help if you’re able to go straight to the bill online. So there’s no question about the source (Library of Congress)


Me:
Thanks for all the information, but I have an additional concern
regarding Section 204 that amends the current. “Building Energy
Performance Labeling Program”. In paragraph (h) Implementation of
Labeling Program, it outlines situations in which an existing building
can be audited for energy performance labeling. It includes in
subparagraph (3) A, terminology which indicates that when a sale of an
existing building for tax and title purposes or when ownership changes
for utility billing, that building’s energy audit should be recorded.
How can it be recorded if it isn’t done?

I think the NAR needs to clarify this.


Perez:
Great catch!

Answer is before the “3 am” amdt, the section applied to existing homes and buildings (hence, energy audit was one of several optional times when a state may provide labeled information).

When the amendment was added at the 11th hour, no one had time to re-write the section to reflect this change. But I’m not sure this is a distinction with effect — the section doesn’t apply to existing buildings so states can’t take money under that section in first place, either to label or disclose the label. But a technical amdt is in order.

The audit reference is not as a basis for labeling. There’s an earlier section (202) where states are funded to provide grants to property owners that voluntarily decide to retrofit. As a condition for funding, a state must meet a federal guideline that retrofits/energy savings be documented and verified (via energy audit).

Were a home owner to take a grant under the sec 202 state program, s/he would have to audit which could be a time when a state provides the label information. But again, sec 204 labeling can’t apply anyway. Appears to be a moot point.


Me:
Thanks again for the reply. I’m not sure I understand, though, why
your reading of the section suggests that it doesn’t apply to
existing buildings. I know the earlier language you sent me to stated
that, but if it’s in the language elsewhere, you agree that a
technical amendment needs to be filed to clarify.

I understand that there is money set aside for reimbursement grants
for homeowners who retrofit, but I think the greater concern becomes
potential abuse by local, state and federal governments if an existing
home doesn’t meet a certain ‘REEP’ standard. Couldn’t this section
open the door for existing homes to have to essentially have a ‘cap
and trade’ requirement imposed by government entities? What would
prevent a government from stating that in, say Dallas, where I live,
because we have such pollution problems, that all homes in Dallas
County have to either retrofit to bring them within the standard or
pay a ‘fine’ (fee, tax, call it whatever) in order to be in
compliance. I’m not so much concerned that the language exists in
this bill, but I see potential problems down the road for existing
home owners if the government has the ability to place an ‘energy
efficiency’ label on a home. Not only would this make home ownership
of existing homes more expensive for energy tax reasons, it would also
make reselling an existing home more disadvantageous than buying a
newer home. It seems to me that it bodes poorly for the existing
residential real estate market.

What are your thoughts?


No reply yet, but maybe this is a route we as citizens have failed to take. Maybe we need to start lobbying the lobbyists. They are the ones with the money and the clout, not us. This guy seems genuinely interested in responding to my concerns. Just wanted to pass this exchange along to my fellow freepers.


47 posted on 07/08/2009 4:12:49 PM PDT by erkyl (We hang the petty thieves and appoint the great ones to public office --Aesop (~550 BC))
[ Post Reply | Private Reply | To 46 | View Replies]

To: SuperLuminal

I just got his reply. Here it is:


Perez:
Because it states in subsec m that sec 204 — all of it — does not apply to new construction after the date of an enactment. An audit can’t become a trigger for disclosing a label if the labeling provisions don’t apply in the first place. It was simply a late nite staff error to leave that trigger point in. And no, the REEP stds wouldn’t open up homeowners to cap and trade rqmts to be added down road. One, a single owner wouldn’t have a ton of co2-equivalent to trade. But most importantly, the sec 202 does not authorize epa to set such a requirement or require anything of a homeowner at all, and EPA can’t do so without additional authorization of congress. Where the federal guidelines apply are to states that take federal dollars (not homeowners). The guidelines are specific to the state documenting an verifying that the money they take goes to retrofits that save money. The pgm is voluntary in the first place so if a homeowner doesn’t want to follow what the state lays out as the conditions for a grant, the home owner can just exercise his/her right to walk away.


48 posted on 07/08/2009 4:36:58 PM PDT by erkyl (We hang the petty thieves and appoint the great ones to public office --Aesop (~550 BC))
[ Post Reply | Private Reply | To 46 | View Replies]

To: Old Professer
the energy you waste uses up resources that can't be replaced, and which also cause pollution.

Their real goal is to make large houses in the suburbs with pools and fireplaces too expensive to own. Throwing a pool party will cause a homeowner to go over their meager energy ration resulting in very high charges. This way leftists won't be as torn with envy having not been invited to the all those parties. They want to cap and trade the Joneses.

49 posted on 07/08/2009 4:37:04 PM PDT by Reeses (Leftism is powered by the evil force of envy.)
[ Post Reply | Private Reply | To 39 | View Replies]

To: Danae
"We need to take a copy of it and BURN it on the steps of the capitol.:

You got the burning part right, but the wrong medium.

50 posted on 07/08/2009 4:40:44 PM PDT by Tench_Coxe
[ Post Reply | Private Reply | To 3 | View Replies]

To: erkyl
Dang! You must have some bloodhound genes in you. Good work!

However, with this group of marxists gangsters, I'm inclined to always believe the worst. They never, never, never, never pass up an opportunity to subvert and/or stifle individual freedom and liberty.

For now, the prudent person would operate on the belief that ALL home-sellers will have to crawl at the altar of government regulation.

Finally, probably because I'm so old and crotchety, I remain suspect of Perez based on both the fact that he is an environmentalist (and therefore prone to believe almost anything) and that he defended Browner's "supposed" integrity...something which is really suspect!

OTOH, keep digging!...{:-)

51 posted on 07/08/2009 9:23:44 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
[ Post Reply | Private Reply | To 48 | View Replies]

To: Joan Kerrey

>Well, look at it this way. For many years us rich folks who own homes have had it easy. It’s now payback time.<

Yeah. No more getting “rich” from selling a home you’ve had for years. Any appreciation will now be swallowed up by the thousands of dollars the seller will be forced to shell out in order to sell. Bye-bye equity for the majority of middle class homeowners.

The Dems are making sure that retired people won’t even be able to count on the equity in their homes for a retirement nest egg.

I despise these Marxist elitist politicians and their environmentalist cronies.


52 posted on 07/09/2009 9:05:22 AM PDT by Darnright (There can never be a complete confidence in a power which is excessive. - Tacitus)
[ Post Reply | Private Reply | To 40 | View Replies]

To: AdmSmith; Berosus; bigheadfred; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; ...
...called the "Building Energy Performance Labeling Program". It's section 304 of the bill and it says, basically, that your house belongs to the state. See, the Federal Government really wants a country full of energy-efficient homes, so much so that the bill mandates that new homes be 30 percent more energy efficient than the current building code on the very day the law is signed. That efficiency goes up to 50 percent by 2014 and only goes higher from there, all the way to 2030. That, by the way, is not merely a target but a requirement of the law. New homes must reach those efficiency targets no matter what. But what does that have to do with current homeowners like you? Well, I'm glad you asked. You're certainly not off the hook, no way, no how. Here's what the Democrats have planned for you."

53 posted on 07/10/2009 6:24:11 AM PDT by SunkenCiv (https://secure.freerepublic.com/donate/__Since Jan 3, 2004__Profile updated Monday, January 12, 2009)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-53 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson