Legislative Updates

FEDERAL LEGISLATIVE ACTIVITIES

H.R. 1356

Rep. James Oberstar (D-MN) has introduced the "Clean Water Authority Restoration Act of 2005" (H.R. 1356). This bill would expand the jurisdiction of the Clean Water Act from "navigable waters" to "waters of the United States." Under this measure, federal permits and other federal restrictions could be imposed whenever a "water of the United States" is at issue. The bill also defines "waters of the United States" to include intrastate ponds, mudflats and wetlands - in all instances. Common curbs and gutters, drainage ditches, and even meadows and backyard puddles, would all be subject to federal Clean Water Act requirements under H.R. 1356. Senator Russ Feingold (D-WI) has drafted companion legislation that is identical to Rep. Oberstar's bill, and plans to introduce his measure shortly after the Senate returns from its recess.

NAHB opposes this legislation and will work with appropriate lawmakers and staff to ensure this measure does not move through Congress. Further, NAHB staff is working with Rep. Richard Baker (R-LA) on legislation that would counter H.R. 1356 by  narrowly defining what constitutes a wetland.  Rep. Baker hopes to introduce his bill by the end of May. 

S. 912

On April 27, 2005, Senator Feingold and others introduced in the Senate, a bill that is identical to H.R. 1356. That bill has been referred to the Committee on Environment and Public Works.

To view either of these bills in their entirety, please see the link below, and type H.R. 1356, or S. 912, in the box in the upper left hand corner:  http://thomas.loc.gov/

STATE LEGISLATIVE ACTIVITIES

Arizona

SB1477
Under this bill, cities, towns, or special taxing districts would be prohibited from adopting land use regulations or functional plan provisions, or impose as a condition for approving a building or use permit, a requirement or fee that has the effect of establishing the sales price for a housing unit or residential building lot or parcel or that requires a housing unit or residential building lot or parcel to be designated for sale to any particular class or group of purchasers. This bill has been sent to the Governor for signature.

HB805
This amendment would prohibit a municipality or county from using impact fees as a growth management tool or as a penalty or incentive for development in any area within its jurisdiction. It would also prohibit the use of marginal or incremental cost calculations for impact fees. This bill is currently before the Senate Judiciary Committee.

Tennessee

SB1587
Under this amendment, exclusive authority would be given to a municipality to annex territories within its approved urban growth boundaries, but a municipality would be prohibited from annexing by ordinance or by referendum any territory located within another municipality's approved urban growth boundary.

Texas

SB356
This bill would allow the adoption by municipalities of an Urban Land Bank Demonstration Program (ULBDP) to resell portions of eligible real property for affordable housing development by private sale. Participation in this program would be governed by certain criteria, including:

1. A developer must have built 3 or more housing units within the 3-year period preceding the submission of a proposal to acquire land from the land bank.
   
   
2. A development plan must be approved by the municipality for the land bank property.
   
   
3. The developer must meet other conditions or criteria established by the municipality
   under the land bank  demonstration plan.

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