Sustainable Land Development Today - January 2008 - (Page 17) Regulations Rules and Regulations By Greg Yoko As the rules for the industry continue changing, most are being created at the local level with broader policies initiated by the Congress and state legislators. There were nearly 100 Bills introduced by the United States Congress in 2007 that contained “sustainable development” in one capacity or another. Of those, only a few advanced to President George Bush’s desk. The trend carried over to the state level where, although the rhetoric and level of discussion involving the various components affecting the land development industry was more widespread, there was relatively little legislative activity. As is usually the case, most of the new laws and regulations expected to impact our industry are being implemented on the local level. The reality, however, is that regulations are typically a top-down proposition. ment of water and related resources. It authorizes and provides for specified water resources development and conservation projects, including flood control, navigation, and environmental projects and studies by the Secretary of the Army Corps of Engineers (USACE). In essence, it amends the Water Resources Development Act of 1986 and authorizes the USACE to carry out specified projects for navigation, environmental restoration, ecosystem restoration, hurricane and storm damage reduction, and flood damage reduction. WRDA revises or adds requirements, among other matters, for: (1) a schedule for consolidating federal, state, and local agency and Indian tribe environmental assessments, project reviews, and issuance of all project permits; (2) a coordinated project review process; (3) public access to water resource and related water quality data; (4) pre-construction assistance to state and local governments for remediation, environmental restoration, or reuse of specified areas; (5) plans for regional management of sediment obtained in conjunction with projects; and (6) peer review of project studies by an independent panel of experts. It also modifies: (1) authorizations of specified water projects in various states; and (2) project authorizations regarding South Florida and the Everglades. In addition, it de-authorizes certain projects and provides for specified land conveyances. Finally, it directs the USACE to: (1) conduct various studies, including one of drought conditions in the Southwestern United States; (2) evaluates the structural integrity of flood damage reduction projects; (3) recommends a framework for long-term program of wetlands protection, conservation, and restoration in coastal Louisiana; and (4) undertakes navigation improvements and ecosystem restoration for the Upper Mississippi River and Illinois Waterway System. It also establishes the Coastal Louisiana Ecosystem Protection and Restoration Task Force. Federal Level It is likely that only a few new 2007 federally-initiated Bills will begin impacting our industry in 2008. Two became law very late in the year and another was still pending as this issue went to print. The Water Resources Development Act of 2007 (WRDA) and Energy Independence and Security Act of 2007 (Energy Bill) each garnered President Bush’s signature. Another, the Farm, Nutrition, and Bio-energy Act of 2007 (Farm Bill), passed the Senate on Dec. 19, 2007, and is thought to be virtually veto-proof due to the affirmative margins it gained in both Congressional houses. Ironically, while the Energy Bill misses the mark in some areas of promoting alternative energy sources, the Farm Bill actually includes some incentives. Water Resources Development Act of 2007 (WRDA) WRDA was initially written to provide for the conservation and develop- Energy Independence and Security Act of 2007 (Energy Bill) Most of the discussion concerning the Energy Bill that was signed by President Bush on Dec. 19 has, and will focus on the first new vehicle fuel economy law in 32 years, mandating a fourfold increase in the use of biofuels. While not directly impacting our industry, this will be worthy of future discussion because it does impact the trends relating to the design of sustainable neighborhoods. However, there are a couple of components of the Energy Bill that will be more immediate factors for consideration by the land development industry. While President Bush claims that the new law is ``a major step toward reducing our dependence on oil, confronting global climate change, expanding the production of renewable fuels and giving future generations of our country a nation that is stronger, cleaner and more secure,'' many of the changes that could have had substantial impacts were not included because of Congressional partisanship. Unfortunately, like most “sustainable” considerations, this bill mistakenly focuses primarily on buildings. While this is an obvious positive step, we all understand that there is much more to land development than buildings. The bill calls for improved energy efficiency of appliances such as refrigerators, freezers and dishwashers, and a 70 percent increase in the efficiency of light bulbs. It also calls for energy efficiency improvements in federal buildings and construction of commercial buildings. The bill will require all general purpose lighting in federal buildings to use Energy Star® products or products designated under the Energy Department's www.SLDTonline.com 17 http://www.SLDTonline.com
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