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Government and Industry News 2002
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UFFI Disclosure Law for Homeowners is Repealed
Urea Formaldehyde Foam Insulation (UFFI) installed in houses during the energy crisis in the 1970s soon became a public health, indoor air quality issue. A law effective on July 1, 1986 required every home seller to make a UFFI investigation and to disclose the presence of UFFI to all prospective buyers, in writing, on a form mandated by the Code of Massachusetts Regulations 105 CMR 651.011(3). Over time, UFFI ceases to emit unhealthy fumes and so is no longer considered to be an indoor air contaminant. Legislation was approved, and the law is repealed as of November 8, 2002 (90 days after the Governor’s signature.) 
Source: GBREB, Government Affairs, 9/02

Governor Signs Affordable Housing Bond Bill
Governor Swift signed a $508.5 million housing bond bill on August 10, authorizing funding for programs to modernize public housing and continue a variety of state-aided housing programs. The authorization includes funding for grants or loans totaling $35 million that could be used by local housing authorities or their designees to acquire and make capital improvements to governmentally assisted housing at the time when financing or subsidy contracts expire.

Source: GBREB, Government Affairs, 9/02

Rent Control Campaign Heats up in Boston, Lowell, Salem, and Quincy
Home rule petitions filed in the state legislature seek authority for rent control on governmentally assisted housing when financing and subsidy contracts expire. Submitted by the Cities of Boston, Lowell, Salem, and Quincy, these petitions were referred to the Joint Committee on Housing and Urban Development early this month. Public hearings are expected to be scheduled soon. Meanwhile, in Boston, tenant organizations, City Councilors, and the Mayor have expressed interest in considering a new system of rent controls. Public hearings in the neighborhoods may begin in the fall.
Source: GBREB, Government Affairs, 9/02

Industry Taps Funds to Assist "Green" Building Design,
Construction, and Technology Development
Ten real estate developers interested in creating "green" buildings that are highly energy efficient and incorporate renewable energy technologies have applied for funds from the Renewable Energy Trust to assist with design, construction, and analysis of costs and benefits.

The Green Buildings Program is a new venture of the Massachusetts Technology Collaborative (MTC,) which administers the Trust. $14.62 million from the Trust has been allocated for three types of grants:

  • Up to $20,000 per project to investigate the feasibility of renewable energy technology at an early stage of the design process.
  • Up to $500,000 per project for incorporating renewable energy technology in project design and construction.
  • Up to $30,000 per project for owners to analyze the characteristics of their "green" buildings, including costs and benefits, as an educational tool for others, such as lenders who are underwriting loans for "green" buildings in the future.

Grants will be awarded on a competitive basis twice a year. Eligible applicants include private developers and project owners as well as public entities and tax-exempt nonprofit organizations. The next funding deadline is September 13.

Click on www.mtpc.org/massrenew/greenbuildings.htm and scroll down to the Massachusetts Green Buildings Initiative for more information and forms to apply for the grants. Renewable energy sources may include wind turbines, solar, hydroelectric and fuel cells.

MTC Executive Director Mitchell Adams sees this new program serving as an incentive for developers, architects, and financial institutions to create prototype facilities that reduce operating costs and help the environment by integrating clean energy technologies.

Developers also are encouraged to use renewable energy technologies through the environmental review process (MEPA) as administered by the Executive Office of Environmental Affairs (EOEA.) To avoid depleting natural resources and depending too heavily on foreign sources for energy, EOEA Secretary Bob Durand encourages developers to consider a variety of technologies, including passive heating and gray water systems in their real estate development projects.
Source: GBREB, Government Affairs, 5/2002

Changes to Title 5
The commission debated a variety of possible changes to Title 5, including proposals for a uniform statewide code as well as requirements that local boards of health identify the special conditions, which exist, and the reasons for exceeding the statewide minimum requirements. Considerable attention was paid to the recommendation that local bylaws more stringent than Title 5 should require the approval of the Massachusetts Department of Environmental Protection (DEP).

The commission recommended that DEP modify its regulations to provide for the implementation of slower percolation rates, not more than 60 minutes per inch, under the general provisions of Title 5. Dissenting views expressed concern of the impacts on groundwater supply that would result from opening so much land for development.

Implementation of the recommendations will undoubtedly spark debate in the state legislature and in the regulatory agencies whose policies affect the commonwealth’s housing supply.
Source: GBREB Government Affairs, March 2002

Fannie Mae/FreddieMac Loan Limits to Rise in 2002
Both Fannie Mae and Freddie Mac have announced plans to raise their national conforming loan limits for mortgages on one-to-four family properties next year. As of January 1, 2002, the single family mortgage loan limit will increase from $275,000 to $300,700 for a typical 30 year fixed rate mortgage. In addition, the limit for two-family homes will climb from $351,950 to $384,900, while the limit for loans on three family properties will increase from$425,400 to $465,200, and the limit for four family dwellings will rise by $49,450 to $578,150.

Notably, second mortgage loan limit increases are consistent with the 9.3 percent gain in the national average home price between October 2000 and October 2001, as recorded by the Federal Housing Finance Board.
Source: Realtor Digest 1/2002

Green Building Coalition
The proposed legislation, introduced as S.2021 by Senator Fargo and H.3840 by Representative James Marzilli, would provide tax credits to developers, owners, and tenants who, for commercial and multi-family residential buildings, invest in measures to increase energy efficiency, improve indoor air quality, and reduce environmental impacts. The program would apply to new or substantially rehabilitated buildings, multi-family housing with 12 or more units and a minimum of 20,000 square feet of interior space, and commercial buildings with over 20,000 square feet of interior space.

The aim of the tax credit program is to create incentives to promote better environmental practices for building construction and design, and to increase demand for new, clean technologies and environmentally preferable building products and services. The bill would promote reduction in the consumption of energy, water, and landfill space, helping to address issues of ozone depletion, acid rain, toxins, and climate change. The hope is to create greater awareness by the industry and the public of resource management that will improve the quality of life for building occupants in a sustainable and profitable way.

Eligibility for the tax credits would be certified by a licensed architect or engineer that the criteria set forth in the law have been met, based upon standards developed by the state.
Source: GBREB, Government Affairs, 1/2002