State and Local Reporter - 02/09/2006  (Plain Text Version)

Barry Rutenberg, Chair
Gainesville, Florida

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In this issue:
Virginia Builders Rally in Richmond
Development Approval and Permitting Process Ranks as Top Industry Concern
Legislative Priorities from Around the Country
New Study Measures Housing's Impact on State Economies
EOC Scholarship Program Assists State & Local Education
11 Indicted in ‘Eco Terrorism’ Case
Illinois, Colorado Consider Affiliated Business Legislation
NOR Bills Debated Throughout the Country
Midterm Elections to Stir Powers in the States
UPDATE: U.S.-Mexican Agreement-In-Principle Will Help Alleviate Cement Shortages, Builders Say
Save the Date: NAHB 2006 Legislative Conference
NAHB State and Local Issues Fund: Fighting for the Housing Industry
Deadline for Legal Action Fund Applications Is Coming Up


Legislative Priorities from Around the Country

Kentucky

The HBA of Kentucky (HBAK ) supports the following upcoming issues for the 2006 state legislative session, including statewide contractor registration, small-business health insurance reform, tax reform changes in alternative minimum calculation, and the private property rights act. The HBAK opposes and will continue to monitor an increase in both real-estate transfer taxes and impact fees on new development from local government. In the upcoming November elections, constituents will be voting for all of the Kentucky state representatives, half of the senators, and several county judges.

Vermont

Important issues to follow in Vermont for 2006 legislative session, which convened on January 3, include supporting a state definition of growth centers to encourage growth in local areas, reforming municipalities’ abuse of impact fees in towns with declining student enrollment, lowering the cost of workers’ compensation as a means to reduce homebuyers’ costs, ratifying Notice and Opportunity to Repair laws, and allowing Vermonters to purchase health care out-of-state in order to avoid new taxes being placed on local businesses.

New Hampshire

Bills introduced for the 2006 state legislative session address building codes and changes in planning board applications. SB-234, supported by Senator Robert Clogg, calls to include the International Residential Code in the definition of the state building code. This bill also requires municipalities that do not currently have a residential building code to adopt the International Residential Building Code.

Indiana

Indiana’s short session will focus on a variety of issues, including eminent domain and smart growth.  Planning and zoning issues will also be proposed in upcoming legislation to prohibit local air and water pollution boards from adopting standards that are more stringent than the same standards under federal law. New legislation, supported by the Department of Natural Resources, may be introduced to deal with the state’s Flood Control Act, as the act does not provide enough funding or allow residences substantially damaged by floodwaters to be elevated or acquired.

Washington

Building Industry Association of Washington (BIAW) opposes Governor Christine Gregoire's proposed new land use agenda to shift to centralized land use planning. In addition, BIAW opposes impact fees, endorsed and encouraged by the Washington Association of Realtors, and thus has asked for a small increase in the Real Estate Excise Tax (REET) in exchange for the elimination of impact fees. BIAW continues to work toward finding better resources for funding local infrastructures, such as school construction.

California

California Building Industry Associations (CBIA) legislative agenda will focus on three major issues this year: land-use planning, lawsuit abuse, and flood protection. The CBIA is asking local governments to plan for the future by zoning enough land to meet long-term housing needs. For November 2006, the association and its coalition partners worked to propose the Opportunity to Repair Act, which allows builders a pre-litigation procedure to repair construction deficiencies. Finally, in response to the effects of Hurricane Katrina on the New Orleans defective levee system, CBIA is advocating levee improvements and maintenance, as well as a comprehensive state flood policy for rapid response and adequate insurance for high-risk flooding areas.

Ohio

Despite objections from Ohio Home Builders Association (OHBA), rules for the Ohio Department of Health household sewage treatment system have been proposed. OHBA is concerned that these rules will dramatically increase housing costs and inhibit development in many rural parts of Ohio, negatively impacting Ohio’s economy.  Other bills introduced for Ohio's upcoming legislative session modify provisions governing contractor retainage, add definitions and expand licensees’ duties under real estate broker laws, permit localities and subdivisions to establish transfer of development rights programs, and require state environmental laws to be more stringent than their federal counterparts. In addition, Ohio’s new residential building code, or the Residential Code of Ohio for One-, Two-, and Three Family Dwellings (RCO) as it’s called, becomes effective statewide on May 27, 2007.  Even though the RCO does not become effective until May 27, many building departments are already contacting the Board of Building Standards regarding certification. 


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