The Wisconsin Builders Association (WBA) works on behalf of its members and current and future homeowners in WI to ensure reasonable regulations and fair laws affecting home building, remodeling and land development industries across the state.
Changes to NR 151 -- click here for information from WBA General Counsel Pat Stevens regarding the changes approved by the Natural Resources Board, now on the way to the legislature, to erosion control/storm water rules included in NR 151.
Report: Use Value Assessment of Agricultural Land -- the Legislative Audit Bureau recently released a limited-scope review of the use value assessment of agricultural land. The full report, available here, seems identifies changes in farmland preservation strategies through modifications to use value assessment.
Campaign involvment 2010 -- the WBA Government Affairs Committee recommends the board of directors adopt a plan for greater local involvement in Campaign 2010. This plan, available here, will be acted on by the WBA board of directors at its July 22 meeting.
Impact fee ruling stands on appeal -- in a challenge against the Town of Oak Grove's impact fee for new home construction/development, a circuit court ruled and an appeals court upheld that the St. Croix Valley Home Builders Association, and its individual members, needed to exhaust all administrative remedies before seeking judicial relief. Read the appeals court ruling here.
Revised jury instructions for home improvement cases -- click here for revised jury instruction for cases pertaining to violations of the Home Improvement Practices Act (HIPA), WI administrative code chapter ATCP100.
VHBA proudly participated in Business Day in Madison, February 23, 2010. VHBA had five members and one staffer serving as representatives, getting up-to-date information about statewide issues and meeting one-on-one with legislators to discuss those issues. Among the housing-industry issues addressed to legislators this day were: Concerns with the global warming initiatives -- under the climate change bill (SB450, AB 649), the Wisconsin Department of Commerce (DOC) would be required to adopt an energy conservation code containing standards for "construction and equipment" that conforms to the International Energy Conservation Code (IECC) or could adopt more stringent requirements if costs and benefits are considered. DOC would not have to consider the cost impacts if adopting the IECC or similar code. Wisconsin should not abrogate its ability to adopt an energy code, or other building codes, that it believes are in the best interests of its citizens, given consideration of all relevant factors. This proposal is in direct opposition to WBA's objective to work toward providing the people of WI with attainable housing. (see more below)
Updating WI's platting process -- Platting consumes procedural resources at the state, county and municipal level. Platting is an expensive endeavor, and although the process is necessary in order to protect the interests of municipalities and the public, it is made unduly repetitive, delays development and improvements and increases costs. WBA supports LRB3826, which forwards changes to streamline the platting process without sacrificing state or municipal design standards, clarifies property rights and makes standards uniform.
Reversing or delaying farmland preservation penalty -- WBA supports the elimination of LRB4305 or the delay of LRB4018 regarding the farmland preservation penalty. This penalty is imposed when land is rezoned out of a "farmland preservation zoning district" (zoned exclusive agriculture) or when a farmland preservation agreement is terminated. The penalty is three times the Dept. of Revenue (DOR) assessed value for cropland in the area, or a fee as specified by the farmland preservation ordinance, whichever is greater. In addition to paying this penalty, in order to have land rezoned, the political subdivision must find that: the land is better suited for a use not allowed in the farmland preservation district; the rezoning is consistent with the comprehensive plan and substantially consistent with the farmland preservation plan; and the rezoning will not substantially impair the agricultural use of surrounding parcels zoned for agricultural use.
WBA provides issues information for members only on its website, www.wisbuild.org.
Additionally, some current statewide issues include:
Climate change debate The Wisconsin Legislature, as well as business and trade associations, environmental groups, and other interests, are gearing up for a tussle over a massive greenhouse gas bill that was introduced in the Legislature on January 7. The policies contained in the report originated from Governor Doyle's Task Force on Global Warming.
The signs of battle are popping up all over the place. While opponents of the bill generally refer to the legislation as the "Global Warming Bill", the Governor and other proponents of the bill refer to it the "Clean Energy Jobs Act." There are even dueling economic studies, with a report from the Wisconsin Policy Research Institute indicating that over 43,000 private sector jobs would be lost if certain climate change policies were adopted, and an analysis prepared by a number of state agencies concluding that this legislation will create a minimum 15,000 jobs.
Just a few of the many of the provisions in the bill are: * Establishing a goal of having all newly constructed residential and commercial buildings be "zero net energy buildings" by 2030 * Establishing goals for greenhouse gas emission reductions, energy conservation, electricity generated by renewable resources * Increasing the amount of electricity that utilities must generate from renewable sources * Making some changes to Wisconsin's nuclear moratorium law * Allowing the state to adopt California vehicle emission standards * Placing time limits on the idling of certain trucks * Directing the Dept. of Natural Resources (DNR) to adopt a low carbon fuel standard if certain conditions are met * Giving preference to local governments applying for grants if the planning activities will include consideration of traditional neighborhood design * Increasing access to public transportation * Establishing energy standards for certain appliances
While WBA has significant concerns regarding the cost implications and some of the policies mentioned above, a primary issue of concern relates to energy codes. Under the climate change legislation, the Dept. of Commerce (DOC) would be required to adopt an energy conservation code containing design standards for "construction and equipment" that conforms to the International Energy Conservation Code (IECC) or generally accepted code that generates at least the same energy conservation benefits. DOC could only adopt less stringent standards than those in the code if the "code is unreasonably burdensome because of specific conditions in this state" and the less strict conditions provide the greatest conservation benefits consistent with those conditions. However, DOC could adopt more stringent requirements if costs and benefits are considered. An existing requirement statutory requirement specifying the DOC consider costs and benefits associated with adopting all code provisions is eliminated. In short, this means that DOC would not be able to consider costs if the IECC or similar code was adopted.
The legislation also contains similar provisions for Wisconsin's commercial building codes. In addition, the legislation requires DOC to adopt a "voluntary green building code" and this code must contain energy conservation benefits that are significantly greater than those contained in the commercial code. Certain state projects would have to follow this "voluntary" code. Of course, one could anticipate that some municipalities may also be interested in adopting this "voluntary code."
WBA joined with 22 other associations expressing their concerns over the climate change legislation. Also, WBA recently met with representatives from DOC and DNR to express its concerns, focusing on the mandatory code adoption provisions. WBA believes that cost is a critical consideration in all Wisconsin building codes, including the energy code.
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