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Government Affairs

Chair: Mike Recupero (Recupero & Associates)

Staff:
Bryan Starr Jill Cagle

Meets 3rd Wednesday of each month

BIA fights hard for economic stimulus. Click here to learn about the latest efforts.

The BIA/OC Government Affairs Committee is actively working with local jurisdictions to adopt local economic stimulus packages. The stimulus packages are different for each jurisdiction, but all with a common thread; relief for the distressed housing industry. The various stimulus packages include deferral of development impact fee collection from permit to certificate of occupancy issuance, refund of development impact fees paid by projects currently under construction for the purpose of improvements or infrastructure, permit and plan check inspections, allowance of alternative building materials, fee increase moratoriums, and much more. BIA/OC will also be working with local school districts and special district to defer fees to certificate of occupancy. This action will allow for greater cash flow flexibility for our builder members.

Stimulus is not limited to local efforts. Both the California Building Industry Association (CBIA) and National Association of Home Builders (NAHB) are actively pursuing state and national solutions to the housing market crisis. CBIA is working on statewide fee deferral legislation and has introduced a bill to extend sub-division maps for an additional 3 years. NAHB has introduced a permanent increase to the conforming loan limits and FHA reform.

One very recent piece of good news for the industry was the approval by the FHA of the conforming loan limit increase for high-cost housing markets to $729,750. This mechanism, that carries with it a federal guarantee on the payment of principal and interest of the underlying loans, helps lenders obtain the capital they need to keep mortgage markets flush with money to lend to homebuyers – something the nation’s current “credit crunch” has stymied. In addition, the implicit federal guarantee on these loans means lower interest rates for borrowers. Please click the following link to see the new mortgage limits for all housing markets on the HUD website:
Loan Limits For All Markets

These are difficult times for our industry, but the BIA staff, Board of Directors, and dedicated members volunteers are working hard on your behalf. For more detailed information on the stimulus efforts please contact Bryan Starr at bstarr@biaoc.com

Senate Approves Economic Stimulus Package

The Senate has voted 81 to 16 in favor of a $161 billion stimulus package which is now headed back to the House of Representatives where it is expected to be quickly approved. Two key components for the housing industry are as follow:

A $16.5 billion tax break (paid out over the next two years) that allows businesses suffering losses now to reclaim taxes previously paid.

An increase in the limit of “conforming” loans that Fannie Mae and Freddie Mac can buy to $729,750,(Orange County’s limit would be $706,250 based on the median home price formula in the bill).

Click here to read online news story

Builder / Economic Relief Package
In response to the dramatic market shift over the past several months, the Government Affairs Committee (GAC) has focused a majority of our efforts on regulatory relief for members building in Orange County. Over the last few weeks members of GAC and BIA/OC staff have been meeting with local agencies and State Officials to discuss a builder/economic relief package. The Package includes:

* Automatic 360 day extensions of permits and plan checks beyond the normal 180 days that can be already granted by building officials to carry current projects over through the code change year.
* Deferment of Development Impact Fees until Certificate of Occupancy.
* Deferment of Fee increases and new fee adoption for 2 years.
* Introducing state legislation through CBIA to extend Tentative Tract Maps for an additional 5 years beyond existing extension eligibility.
* Asking the Governor of California to apply for High Cost State Status in order to increase Freddie Mac and Fanny Mae jumbo loan caps for home buyers.

We are very optimistic that the BIA/OC will be able to compel government agencies to grant our requests on behalf of the industry. The government agencies will also feel the pinch of a slowing housing market. The overall health of the economy depends upon government and industry’s willingness to work together. Because the entire industry is dependent upon the economic health of our homebuilder companies, the BIA/OC will continue to find proactive solutions to help solve issues that impact our entire membership.

Residential Development Impact Fees Continue to Negatively Impact the Housing Industry

35 jurisdictions each with their own individual schedule of fees, Transportation Corridor Agencies fees, school impact fees, water, sanitation district fees…the list goes on and on. Residential home builders are no stranger to the endless fees that are charged to residential projects. The problem is, that while the market makes corrections and unit pricing is periodically adjusted, government regulations and fees keep on going up. Nearly all of the jurisdictions in Orange County undertake annual adjustments (increases) to their individual fee schedules.

During the recent housing boom, residential builders were not terribly concerned with fee increases because home pricing was increasing sharp and housing demand was great. But this boom has come to an end and pricing has been corrected to reflect the market. The problem now is that government agencies with land use authority are not accounting for the depreciation in housing when adjusting their development impact fees. The end result is, lower unit pricing + higher fees = significant revenue loss. We have come to the point now that members of our industry are actually forced to shy away from building projects in certain jurisdictions due to the fact that projects simply will not pencil due to over regulation and unreasonable fees.

A recent example of the kinds of fees we are seeing is the recent increase to the park dedication in-lieu fee in the city of Newport Beach. At the beginning of this year the fee was approximately $6k per unit. The staff came up with a methodology based on assumptions about the appraised value of park land in the city and came up with a recommendation to increase the fee to an astonishing figure of $36k per unit. This figure accounted for a nearly 475% increase. The BIA immediately reacted to the initial staff recommendation and assembled a task force to address this dramatic proposal. Over the course of the next few months, the BIA team was able to get the fee adjusted downward, but the end result was still an exorbitant fee that will end up costing residential builders a lot of money. While Newport Beach seems to be on the extreme side of the fee spectrum, this is just one example of the financial challenges our industry is facing throughout the county.

The BIA/OC Government Affairs Committee is committed to defending our members from this constant barrage of attacks on the prosperity of our industry. The BIA/OC tracks and documents each fee in every jurisdiction on an annual basis through our Land Development Fee Survey. This survey allows our members to fully understand the cost implications of building residential projects in any given jurisdiction here in Orange County. As a part of our annual fee tracking, the BIA/OC asks each jurisdiction to provide at least a 60 day notification on regular fee adjustments, per our BIA/OC Fair Share Principles. We also ask that the jurisdictions work with the BIA/OC on major fee studies and significant increases. The advanced notification allows us to fully understand the methodology and needs assessment surrounding a particular fee.

In many cases the jurisdictions methodology is found to be flawed or the needs assessment fails to meet the appropriate nexus requirements. In those cases, we are able to effectively advocate for a lower fee or no fee at all. It is these kinds of tangible cost savings that stand to be a true benefit to our members and the industry at large. For more information about the efforts of the BIA/OC Government Affairs Committee or the 2006/2007 Land Development Fees Survey please contact Bryan Starr. BIA/OC’s Fair Share Principles.

BIA Monitors Fire Map Revisions
The Building Standards Commission last week approved a six-month delay for the new Urban-Wildland Fire Safety building standards for Local Responsibility Areas (LRAs) to allow for local review and approval of the new maps of where the new rules will apply. With this action, the effective date for the LRA’s has been moved back to July 1, 2008. BIA/OC has been working with local agencies and the Orange County Fire Authority to address inconsistencies in the Orange County LRA maps. The “Fire Risk Map Task Force” has held one meeting and several more are planned. This task force will set mitigation criteria for reducing risk that can be applied to the fire hazard maps. The results of reduced risk are reduced fire building requirements and significant cost savings to builders. For More information or to join the task force please call Bryan Starr 949-553-9500.

Current Issues in the County of Orange:

City of Newport Beach
In February, the City of Newport Beach introduced an increase to their existing park dedication in-lieu fee. The initial staff report recommended a dramatic increase from $6k to $35k per unit which would account for a staggering 475% jump. The BIA/OC immediately formed a stakeholder task force with five of the major land owners and developers in the area. By securing several continuances on the public hearing, the BIA/OC was able to activate the task force and begin negotiations with city staff. BIA/OC hired an independent real estate appraiser to counter the city’s appraisals and methodology to justify their fee. After several meetings, the city staff agreed to a significant decrease in the suggested fee. The final result is a fee of $26k per unit. While this fee is still well above the line of reason, it is a dramatic improvement from the alternative. Thanks to Carol McDermott from Government Solutions, Phil Bettencourt form Bettencourt & Assoc. and Mike Recupero from Recupero & Assoc. for their participation in this important task force.

County Storm Water Run‐off Permitting (MS‐4) UPDATE
A critical issue this year facing BIA members is the MS-4 renewals for the County of Orange. There are two separate permits for Orange County that are regulated by two separate Water Quality Control Boards. The southern part of Orange County is regulated by the San Diego Regional Water Quality Control Board (SDRWQCB) and the central and northern portions of the County are regulated by the Santa Ana Regional Water Quality Control Board.

South County’s draft permit has been released for public comment and review and there are several provisions in the draft permit that are troubling to the building industry and our coalition partners including LID and Hydro‐modification. The SDRWQCB held a public hearing on the tentative order of the South County Permit on April 11. At this hearing, the BIA task force was able to organize a significant turnout representing both private and public stakeholder interests. As a result, we were successful in extending the public comment period into the early summer. During this time, BIA/OC and our coalition partners will continue to expand our grassroots and grasstops outreach effort in order to broaden our coalition dealing with water quality issues. For more information on how to get involved or to receive regular updates on this issue, please contact Bryan Starr: bstarr@biaoc.com

San Juan Capistrano
On January 16th the City of San Juan Capistrano received a presentation by city staff about the potential for a green building program in the city. BIA/OC sent a letter congratulating the city on their efforts and requesting that the members of the BIA, in association with our coalition partners, be invited to participate in the development of potential program options. The city agreed and is now in the process of exploring a voluntary incentive based green building program. The BIA/OC will continue our efforts to promote green building programs modeled after CBIA’s California Green Builder Program throughout the County.

County of Orange
The BIA/OC is working in concert with our coalition partners to add input into the County MS-4 Storm Water run-off permitting process. BIA/OC has put together a stakeholder task force that will be working side by side with the County to ensure that all of our interests are protected so that we will have an effective permit that meets the needs of all parties involved. We expect the Santa Ana Regional Water Quality Control Board to put forth a draft version of a permit in February with a final version being adopted in June of this year. For more information on how you can get involved in this important effort please contact Bryan Starr.

SB 670 Dies in Committee
In May, the California Association of Realtors’ (CAR) cost shift bill SB 670 (Correa) was defeated following a hearing in the California Senate Transportation and Housing Committee. SB 670 would have prohibited builders and developers from employing a financing method known as re-conveyance financing. Re-conveyance financing allows homebuilders to finance the cost of community benefits like open space preservation, affordable housing, and other community amenities by equitably spreading the cost over time to each subsequent buyer of the home. This bill pitted the long time allies (CAR and CBIA) against each other for the first time ever. After extensive grassroots lobbying and coalition building by the BIA both locally and statewide, especially in Orange County, SB 670 died in committee because it could not even muster a motion for a vote.The BIA/OC would like to thank those who participated in the effort to kill this bill by writing letters, making phone calls and meeting with legislators and local community groups to explain the ills of this poorly written legislation. The bill could be re-introduced at a later date and the Government Affairs Committee will keep you informed. For more information on legislation or BIA/OC government affairs issues, please call Bryan Starr at 949-553-9500.

Local Governmental Issues:
Working with all 34 jurisdictions in addition to the Orange County Fire Authority, the County of Orange, and all special and school districts, the Government Affairs Committee (GAC) monitors land development policies, issues and regulations of targeted cities, environmental issues ( ESA, water), code issues, and state and federal legislations as they apply to land development issues. GAC works to keep fees in line, responds to legislative initiatives on subjects such as zoning, subdivision mapping and major general plan reviews. GAC also provides ongoing research and recommendations for BIA advocacy positions on local and regional county development issues. GAC sponsors “Hot Topic” Seminars to focus our industry’s attention on timely issues as they arise.

Code Liaison:
Dan VanDorpe (VanDorpe Chou Assoc.) is the lead contact for energy and utility codes and is responsible for identifying and addressing issues involving builders and developers through CBIA and utility service companies. Develops recommended energy conservation and management policies, and identifies building code related issues and policies of interest to the building industry.

Environmental Issues Liaison:
Mark Grey (BIA/Southern California) is the lead contact for interfacing with BIA/SC & CBIA Environmental Committees.

State and Federal Liaison:
Steve LaMar (Legisite, LLC) is the lead contact for identifying critical federal & state issues that impact the building industry, overseeing and coordinating strategy implementation of these issues. Provides a focal point for information sharing and coordinating, as appropriate, state and federal advocacy activities of BIA/OC member companies, monitors and participates in all state and federal industry issues through the CBIA and NAHB committee process and evaluates important related legislative and regulatory proposals.

School Facilities Fee Liaison:
Dave Colgan (Nossaman, Guthner, Knox & Elliott) is the lead contact for monitoring and promoting school facilities funding and works with CBIA on priority school fee legislation.

Dept. of Real Estate Liaison:
Improves subdivision public report processing systems, helps ensure responsiveness of the department to the needs of members, and identifies and works for long-term improvements to public report regulations.

Orange County’s Representative districts are:

Senate
Mimi Walters R-33 Laguna Hills
Lou Correa D-34 Garden Grove
Tom Harman R-35 Irvine
Mark Wyland R-38 San Juan Capistrano

Assembly
Jim Silva R-67 Huntington Beach
Van Tran R-68 Garden Grove
Jose Solorio D-69 Santa Ana
Chuck DeVore R-70 Irvine
Jeff Miller R-71 Orange
Diane Harkey R-73 Dana Point
Chris Norby R- 72 Brea

Want to make a difference in your community? Contact Jill Cagle to join the BIA Voice Task Force

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