Environment/Energy 

As capital gaps remain the biggest barrier to brownfield redevelopment, more than half the states have created some type of brownfield financing program. Direct financial assistance and indirect financing tools meet several objectives.

Redevelopment of existing sites and properties is an important component of any community’s development plans. The U.S. Conference of Mayors estimates that there are over 400,000 brownfields sites across the country.

An Act to provide certain relief for small businesses from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

This voluntary and non-binding document “provides guidance to states, territories, authorized tribes, and the public regarding management measures that may be used to reduce nonpoint source pollution from urban activities.”

SWANCC is only the second case since the passage of the Clean Water Act (CWA) in which the Supreme Court has addressed the geographic reach of federal jurisdiction under that Act.

Brief review of wetlands laws for all fifty states.

State Wetland Programs Matrix Dec. 2001

Overview Federal Wetlands Regulatory Program Dec. 2001

The Corps of Engineers (Corps) is issuing 5 new Nationwide Permits (NWPs) and modifying 6 existing NWPs to replace NWP 26 which expires on June 5, 2000.

The Replacement Permit Rule7 exceeds the Corps' rulemaking authority under the CWA,is arbitrary and capricious, and violates the APA's notice and comment requirements.

There have been two new major judicial decisions affecting the Clean Water Act Section 404 wetlands permitting program. The Supreme Court’s ruling in “SWANCC” and the so called “Tulloch” rule.

In some States, retail electricity customers can now choose their electricity company. New wholesale electricity trading markets, which were previously nonexistent, are now operating in many regions of the country.

View NAA/NMHC's analysis of the energy bill working its way through Congress, updated on September 30, 2009.

In 2008, Congress attached energy efficiency tax incentives to the Emergency Economic Stabilization Act of 2008. This document details incentives of interest to apartment firms and offers resources for firms interested in taking advantage of incentives.

Statement of record for a House Committee on Financial Services Subcommittee on Housing and Community Opportunity Hearing regarding H.R. 2336, The Green Resources for Energy Efficient Neighborhoods (GREEN) Act.

House leaders released draft legislation restricting the spending of any revenues generated by cap-and-trade programs if climate change is considered as part of the budget bill. The bill includes several provisions of interest to apartment firms.

Apartments, already some of the most sustainable residential buildings given their high density and efficient building systems, are of particular interest because of the role they play in providing affordable housing.

As of January 23, 2006, central air conditioners and heat pumps manufactured or imported for use in residential buildings must meet a new, higher energy-efficiency standard, from a 10 Seasonal Energy Efficiency Ratio (SEER) to a 13 SEER.

As building green moves from experimental to mainstream, a growing number of local jurisdictions are mandating that buildings meet "green building standards."

In 2000, HUD created the Big Buy Reimbursement Program to reimburse eligible properties for some or all of the cost of obtaining a lead hazard risk assessment required to comply with the Lead Safe Housing Rule (24 CFR Part 35).

This white paper from NAA/NMHC provides guidance for complying with the regulations including a summary, background and application of the RRP rule.

The EPA has amended its Renovation, Repair and Painting rule. The new requirements go into effect on July 6, 2010. This memo outlines the changes of interest to apartment firms.

NAA/NMHC are seeking a two year period of compliance assistance under the Renovation, Repair and Painting (RRP) rule.

Letter from the EPA confirming the appropriate testing protocols for compliance purposes under the RRP rule.

NAA/NMHC recently sent a letter to the EPA Administrator regarding the Residential Lead-Based Paint Hazard Reduction Act.

NAA/NMHC has developed a White Paper outlining property owners' compliance obligations and clarifying important issues for federally assisted properties that must comply with both the RRP and LSH rules.

Industry Letter commenting on the Lead-Safe Housing for Kids Act of 2008.

The underpinning for EPA’s pending rule revolves around several older studies including a HUD study which over estimated the number of homes that have lead paint and lead hazards and a significantly flawed study conducted by the National Center.

NMHC/NAA believe that the analysis of these data sets presents compelling information that is exactly on-point for the questions considered in this rulemaking and strongly urge EPA to consider this information.

NMHC/NAA appreciates the opportunity to offer comments on this rule as part of our continuing dialogue with the federal government on the issue of lead in the environment.

This memorandum updates a July 2002 NMHC/NAA guidance document.

This memorandum surveys the science and problems associated with CCA; describes alternative products to CCA; lists EPA’s suggestions for the safe handling of CCA-preserved wood.

Self-Audits and Disclosure under the Residential Lead-Based Paint Hazard Reduction Act

This guidance covers the general regulations and record keeping requirements for asbestos, hazard communication, lead-based paint, and refrigerants.

The U.S. Department of Housing and Urban Development (HUD) has issued a new regulation to protect young children from lead-based paint hazards in housing that is financially assisted by the federal government or being sold by the government.

Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Final Rule

Interpretive guidance for contractors, property managers, and maintenance personnel under section 406(b) of the lead based paint hazard reduction act of 1992

This NMHC/NAA White Paper reviews several emerging IAQ issues facing the apartment industry, including environmental tobacco smoke, pesticides, carbon monoxide, and volatile organic compounds.

Room-by-room guide to check for indoor pollutants.

Comment letter regarding concerns over the National Clandestine Laboratory Registry.

The NAA and the NMHC provide comments and analysis for the Suggested State Legislation Committee's review of state methamphetamine laws (CSG-SSL 2006 Docket 26B).

NAA/NMHC are also members of the Real Estate Advocacy Group for States. We appreciate the opportunity to share the view of rental housing providers with task force members regarding the increasing problem of illegal meth labs.

This White Paper describes the typical cleanup procedures for illegal drug labs and surveys how the states and federal gov-ernment are addressing the problem.

NAA/NMHC testimony regarding H.R. 798, METHAMPHETAMINE REMEDIATION RESEARCH ACT OF 2005.

Meth Legislative Update: Cleanup, Contamination Levels, and Disclosure- State Requirments.

This guidance document offers baseline best practices to address moisture intrusion issues and excessive mold growth in low-rise, wood-framed construction.

This case concerns Plaintiffs Chistophe and Juanita Roche's claim for personal injuries stemming from exposure to alleged toxic levels of mold in their apartment.

In July 2003, apartment owners scored a major legal victory when a federal district court in Virginia ruled that no genuine issues of material fact supported an apartment resident's mold injury and damage claims.

This NMHC/NAA White Paper reviews several emerging IAQ issues facing the apartment industry, including environmental tobacco smoke, pesticides, carbon monoxide, and volatile organic compounds.

Although mold is a national problem, states are experiencing different effects of the “mold crisis”. For example, in some states the issue of property and liability insurance have created serious disruptions in the real estate market.

Texas Appeals Court decision on Mold Case Dec. 2002

Texas Medical Assn. Council Mold Report Oct. 2002- Black Mold and Human Illness

NMHC/NAA believe that public health standards must be based on sound science. The upcoming National Academy of Science analysis and recommendations should serve as the first step toward establishing public health guidelines for mold exposure.

Upcoming Press Coverage of Mold in Apartments and Talking Points

The purpose of these guidelines is to assist property owners and managers in establishing procedures for addressing mold.

EPA is proposing a range of options to address storm water discharges from construction sites.

EPA has proposed a new rule that contains three options for addressing the "pollutants" in construction site storm water runoff.

Constant water conservation can limit the impact of drought conditions on property owners and residents, ease the burden on municipal water systems and save property owners money.

Notice of EPA Submetering Reversal- Federal Register Dec. 2003

Submetering Talking Points Oct. 2003

The Environmental Protection Agency (EPA) is seeking public comment on revising the current policy regarding regulatory requirements under the Safe Drinking Water Act (SDWA) of submetered properties.