| March 9, 2009 |
By Joe Robson
NAHB Chairman and
Jerry Howard
NAHB President and CEO |
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Your one-stop resource for stimulus and tax credit information
is NAHB's newly created Web page at www.nahb.org/2009stimulus.
 Here you'll find links to everything you need to know about the $787 billion economic stimulus package that was signed into law in February – including details on the law's lesser-known tax provisions that can help your business. This is also the place to find out how to promote the $8,000 tax credit to home buyers, and access numerous materials designed to help HBAs and individual home builders. All the promotional resources to help you market the credit to consumers feature NAHB’s consumer Web site www.FederalHousingTaxCredit.com (see story below). That site’s explanation of the tax credit eligibility requirements, comprehensive Q&As, and links to homeownership resources are helping potential home buyers understand the advantages of buying a home today. For more information on resources to help you understand and promote the tax credit, contact Gwyn Donohue, x8447.
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850,000 and counting...
 That's how many times visitors checked out the federalhousingtaxcredit.com Web site in the last five weeks. This site is a great public service that provides easy-to-understand information for home buyers who are seeking details on the tax credit. But it's more than that, too – it's an important business generator for home builders who will benefit from increased buyer interest, both directly and indirectly. Remember that even if you don't target first-time buyers for your new homes, your trade-up buyers need all the help they can get in selling their existing home so they can buy yours! Please direct questions on the Web site to Jay Shackford, x8406.
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NAHB's updated "Opportunity Knocks for Home Buyers" brochure
 for consumers provides real examples of typical tax savings through the first five years of homeownership, explains the power of leveraging, and provides other compelling and accurate information to those who may be considering whether to purchase a home. HBAs and members are encouraged to print this resource and distribute it in sales offices, at home shows, and anywhere you have a consumer audience. Download the brochure PDF at: www.nahb.org/opportunitybrochure. For more information on resources to help you understand and promote the tax credit, contact Gwyn Donohue at x8447.
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"One of the worst rulemakings ever promulgated"
 from a cost-benefit perspective – that's how NAHB characterized the EPA's proposed Effluent Limitation Guidelines for storm water discharge in recent comments sent to the agency. NAHB expressed grave concern over the proposed guidelines and the significant negative impacts they would have on the home building industry, without generating commensurate environmental benefits. In fact, in one of the options being considered, NAHB noted, the costs would outweigh the benefits by $1.55 billion.
There are three options that EPA is considering for home builders and developers to keep rainwater runoff out of nearby water bodies and wetlands. The one that makes the most sense from a cost and environmental standpoint is the first, NAHB noted, which includes techniques that home builders already use, such as erosion and sediment control methods. Comprehensive coverage of our ELG proposal comments was provided in last week's NBN Online. Contact Ty Asfaw (x8124) for more information.
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So much for streamlining Section 7 of the ESA...
 A Presidential memo dated March 3 effectively reverses the Bush Administration's decision to concentrate government funding and staff resources on larger projects and the most threatened species. The memo asks the secretaries of the Interior and Commerce to determine whether to write a new rule on how federal agencies should consult with each other when a parcel of land may be subject to multiple regulations, especially the Endangered Species Act (ESA). It also requests that federal agencies return to following the consultation procedures that were in place before the new rule was announced on Dec. 16, 2008. Unfortunately, NAHB analysts say, the Obama Administration's move will not result in additional protection to endangered species – and only confuses decisions on how to regulate greenhouse gases, which should not be the purview of the ESA in the first place. Instead, agencies will continue to be required to do consultations they are not equipped or staffed to effectively complete, resulting in significant delays and additional expenses incurred in procuring federal permits. Read more in the next NBN Online. Contact: Diane Keefe, x8663.
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The EPA's proposed WaterSense Certification & Labeling System
 could prove overly burdensome without some improvements, NAHB told the agency in recent official comments. NAHB also recommended that the agency coordinate the new certification program with existing green building rating programs, including the National Green Building Standard. Similar in concept to the successful Energy Star program, WaterSense labels products that meet certain criteria to help consumers choose water-efficient appliances and fixtures. But the new draft document takes the labeling a step further by providing certification for new homes that include these products. The draft also defines the roles of program administrators, providers and inspectors, and outlines steps that home builders must take to certify their homes. "While strict oversight is a vital part of ensuring an effective program, NAHB is concerned that the proposed certification requirements are unnecessarily burdensome and complicated – with too many participants involved in the process, inefficient and/or missing training programs and extensive documentation requirements," NAHB said. "NAHB strongly recommends that the EPA streamline this proposed system, identify and publicize expected costs, and develop a training program. Without such changes, this system may prove too burdensome for widespread participation by the residential construction industry." View NAHB's official comments here, or for more information, contact Larissa Mark at x8157.
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The legality of OSHA's multi-employer citation policy
 has unfortunately been upheld in a Feb. 26 decision by the U.S. Court of Appeals for the 8th Circuit. The 2-1 decision in Secretary of Labor v. Summit Contractors reverses an earlier decision by the Occupational Safety and Health Review Commission against the citation policy, and has prompted NAHB to encourage OSHA to address the issue through the traditional rulemaking process. In the case at hand, OSHA cited Summit, the general contractor for the construction of a college dorm in Little Rock, Ark., for failing to ensure the use of fall protection devices by masonry subcontractor employees at the site who were working on scaffolds more than 12 feet high. OSHA said that Summit "controlled" the work site and therefore had a duty to detect violations by subs and compel them to correct those violations.
NAHB joined the Texas Association of Builders and the Greater Houston Builders Association in filing an amicus brief in support of Summit. The court acknowledged that there was some merit to the argument that the Secretary could not lawfully apply the multi-employer worksite policy without first adopting it through the informal rulemaking process of the Administrative Procedure Act. And the dissenting judge observed that to impose the Secretary's rule on the general home building contractor was, in his view, absurd as a matter of rational policy. Contact David Jaffe, x8317.
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In introducing the "Green Approved" product seal,
 the NAHB Research Center has continued the positive momentum of our federation's green building efforts. The seal allows manufacturers to provide third-party evidence that their green products meet the criteria for recognition in homes certified to the National Green Building Standard.
"Green Approved" product manufacturers will receive a certificate from the NAHB Research Center identifying the specific sections of the standard under which points for their products are available. These reports – available from a link on the new standard scoring tool at nahbgreen.org – are designed to facilitate the selection and specification of products as well as the approval of possible points by Research Center-accredited verifiers. Manufacturers of Green Approved products will be allowed to post links to their Web sites on the NAHBGreen Web site. They will also be able to affix the "Green Approved" mark on promotional literature, company Web sites and similar materials.
The Research Center staff will review "Green Approved" product applications, then determine the number of points approved by section as well as any applicable conditions for point eligibility. Products will be shown on a "first-approved, first listed" basis on the manufacturers' page in the Green Scoring Tool for an annual fee based on the number of applications listed for a product. Get more information on how the program works here, or contact Lynda Marchman at the Research Center, at 800-638-8556, x6237.
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A free teleconference on marketing the new home buyer tax credit
 will be offered by NAHB beginning at 2:00 p.m. EST on Monday, March 16. Featured speakers will include NAHB President and CEO Jerry Howard; Rob Dietz, NAHB's director of tax issues; Gaye Orr, MIRM, CMP, of Coldwell Banker Advantage New Homes; and residential development strategist Dan Levitan, MIRM, CMP, of Levitan and Associates. Dial in to hear an overview of the recently enacted federal stimulus package and its housing provisions, including a detailed breakdown of the $8,000 tax credit and its eligibility requirements, and to hear from the experts on how best to market the credit to prospective buyers.
To participate: You'll need to pre-register by visiting this Web site and entering Conference ID# 428766. Please note: you will receive a unique pin number for the audio conference. Don't forget to write down the pin you're assigned since you will need it to join the call at 2:00 p.m. on March 16. Contact: Blake Smith at x8583.
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