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Jamie Dupree

Cap and Trade Retrofits

By
Jamie Dupree
@ July 3, 2009 12:00 AM
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There has been a lot of talk in recent days about what's in the Cap and Trade bill when it comes to forcing homeowners to make energy efficiency upgrades to their homes before selling them.

I think that's all talk - that's not what I read in this bill.

Let's first stipulate, that there is a big section in the bill, starting on page 351 about the Retrofit for Energy and Environmental Performance program.

"The purpose of the REEP program is to facilitate the retrofitting of existing buildings across the United States to achieve maximum cost-effective energy efficiency improvements and significant improvements in water use and other environmental attributes," states the bill.

The program would funnel money to states to retrofit public housing, commercial buildings and homes for energy efficiency efforts.

We can all agree to that. But I cannot agree with the conclusions that a lot of people have drawn about this program. From what I have read in the bill, it is not mandatory. The retrofit is not required to sell your home in the future.

But if you are building a new home or substantially renovating a home or building, then yes, you will likely have to comply with a series of new regulations.

"Did you see where you have to Reroof with Solar Reflectants and Upgrade your Furnace and A/C if they don't meet then CURRENT Green Requirements," wrote Scotty yesterday.

One of the few "requirements" in this section is that buildings which are retrofitted for energy efficiency should "utilize, especially in air conditioned buildings, roofing materials with high solar reflectance."

But it is not required for you to sell your home or business. And nowhere in the bill have I found provisions that require you to upgrade your heating and cooling systems if they don't meet energy efficiency requirements.

"A home inspection by the federal gov. before you can sell or finance a home, we are toast if that happens," wrote John Capes.

John, I would like to say that you are right. But I can't find anything in this bill that limits your ability to sell or finance a home by forcing you to make it more "green."

Again, I will say that if you build a brand new home, or substantially renovate a house or business, you will likely face new building codes and energy efficiency codes.

There are provisions that give you extra credit with Fannie Mae and Freddie Mac if you want to buy a home that meets stepped up federal energy efficiency standards.

It looks like you can get a special credit to help you buy a home if you also agree to upgrade it on a number of fronts in terms of energy efficiency, and you could even get a break on FHA mortgage insurance.

There are mortgage incentives in the bill for multi-family dwellings, for manufactured housing (mobile homes.)

There are provisions that would require states to consider energy efficiency measures as having a positive effect on home values when being appraised.

But there is no requirement for you to change anything in your home. Clearly, though, the goal of this bill is to give you better terms for buying a house with green upgrades.

I can understand that people might look at these ideas and say it's just a first step towards requiring them for everyone. Okay, that's fine.

But I don't see anything in this bill that "forces" you to make upgrades to your roof, your HVAC system and more.

Like I told Neal on the air, I'm happy to be wrong about this. I just don't see anything "mandatory" in the bill. But if you find something different, please let me know.

If you want to download the bill to look for yourself, then here is your link: http://bit.ly/nOeu2

Right click on it to save the file on your computer.



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What others are saying

  • The law
    I must disagree with Jamie on his conclusions.
    After practicing law for nearly 30 years I can guarantee that the "non-mandatory" provisions in this bill WILL be mandatory.
    First, I think there is sufficient direct language that will make these provisions mandatory.
    Second, once this gets into the courts for interpretationit is an absolute certainty that the courts will make these provisions mandatory.
    Let there be no doubt, these provisions go far beyond "Gee, wouldn't it be nice if everyone would do this ..."
    These will be mandatory provisions and the law.
    Hold on to your wallets everybody.
  • Federal Building Codes
    Let me get this right. I have to get a building permit to build my house from my local government. Depending on where you live, this can be from a few hundred dollars to well into 5 digit number of dollars. In most places this is just another way for your local government to pad the books with your money. Now the Feds come along and put some kind of Federal Code on the books. Now you just know what that means. Yup, another"moderate" fee to administer this new set of rules and to pay for all those new "inspectors" that you will also need to bribe to get your permits. Sounds more and more like European Socialism everyday. We are suckers to let this crap happen in this country. Where in the Constitution does it say that the US Government has the duty to regulate building codes and permits. NOWHERE.
  • Residential
    You had better go back and read some more, because you missed all the parts about mandatory. Do you have selective hearing too?
  • Cap & Trade
    This bill stinks and it is just a way for a host of politicians and Al Gore to get a little richer and for the Federal Gov. to grab more power
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