BuildersOutlook2015issue6

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2015: issue 6

GOING GREEN: New Texas law eases solar restrictions during development phase By WENDY HUNDLEY, Dallas Morning News

More Texas homeowners will be allowed to install solar panels, under a new law set to go into effect September 1. Residential developments with more than 50 homes cannot ban or restrict homeowners from installing solar panels, even while new homes are still being built, according to the legislation recently signed into law by Gov. Greg Abbott. “It means that more homeowners can access their basic right to free energy coming from the sun,” said Kaiba White, energy policy and outreach specialist for Public Citizen Texas. The legislation addresses what some say is a loophole in existing law. In 2011, Texas lawmakers restricted homeowner associations from banning solar energy systems. But homebuilders were still allowed to prohibit such systems in new developments that were still under construction. Developers had felt that the exception was necessary to protect housing investments. Solar energy advocates had cried foul, saying it could take years for housing projects to be completely built out. Some residents who purchased their homes over a decade ago still haven’t been allowed to install solar systems because their developments are still being expanded, White said. While the new law allows developments with 50 homes or fewer to ban or restrict solar panels during the construction phase, those smaller projects will be subject to the law once construction

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has been completed, White said. Residents who live in communities with homeowner associations must still go through the HOA’s approval process, she noted. The legislation was supported by the Texas Association of Home Builders. It recognizes the builder/developer’s ability to maintain the character of the neighborhood while allowing homeowners to install solar panels if they

abide by their HOA regulations, said Scott Norman, executive director of the association. The new law was applauded by alternative energy advocates. “This legislation is a positive step toward restoring a homeowner’s property rights so that they can choose to harness local, clean solar energy,” Larry Howe, one of the founders of Plano Solar Advocates, said in an email.

House passes pro-property rights water bill, NAHB urges companion legislation

U.S. House of Representatives passes legislation that curbs the EPA and U.S. Army Corps of Engineers' federal jurisdiction over waterways and wetlands The U.S. House of Representatives passed legislation on May 12 that would prevent the Environmental Protection Agency and U.S. Army Corps of Engineers from vastly increasing federal jurisdiction over the nation’s waterways and wetlands without going through the proper rulemaking process. Approved by a bipartisan vote of 261 to 155, H.R. 1732, the Regulatory Integrity Protection Act, would require the EPA and the Corps of Engineers to withdraw their proposed rule and develop a new

plan in consultation with state and local governments and other affected stakeholders, including the small-business community. The bill also stipulates that such a plan must be based on sound economic and scientific analysis. “This legislation would prevent a federal land grab that would raise housing costs and harm conservation, water quality, job growth, and economic development,” said National Association of Home Builders Chairman Tom Woods, a home builder from Blue Springs, Mo.

By proposing to dramatically enlarge the definition of “waters of the United States” to include almost any body of water, such as ditches, mud flats, isolated ponds, and other water features, the agencies would vastly increase federal regulatory power over private property. “The proposed rule would not add any meaningful environmental protections but it would exacerbate regulatory uncertainty by significantly extending the areas in which home builders are required to get permits,” Woods said. “In turn, this would lead to bureaucratic delays, additional costs, and more expensive homes.” The agencies failed to consult with state and local governments before unveiling their plan last year, prompting 34 states to formally request that the proposed rule be withdrawn. Moreover, EPA and the Corps of Engineers did not adhere to the Regulatory Flexibility Act, which requires an assessment of how the proposal would affect America’s small businesses. A coalition of more than 40 business organizations, including the NAHB, the American Farm Bureau Federation, the National Association of Manufacturers, and the National Association of Realtors, also opposes the plans of the EPA and Corps of Engineers to expand their regulatory powers. The NAHB is urging the Senate to pass companion legislation S. 1140, the Federal Water Quality Protection Act, sponsored by Sens. John Barrasso (R-Wyo.) and Joe Donnelly (D-Ind.).


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