Friday, May 20, 2016

What's Wrong With -- S.2012 - The Energy Policy Modernization Act of 2016 ?



Should
The Federal Housing Administration
Be
 Attempting To
Draft Nationwide Building 
Energy Efficiency Policy?

Or,
Is there another more dynamic economic development option?





With all of the discussion revolving around the adoption of a unified national energy policy, and, the recent passage of  the S.2012- EnergyPolicy Modernization Act of 2016 which in fact was written to, at least in part, move us as a nation towards the establishment of such a policy, one would think that after so many decades of dabbling along the fringes of that whole policy ideal , we collectively would simply have created one that actually and finally works.



Whereas the future of our nation’s entire industrial and economic livelihood is just as much at stake as our ability to rebuild virtually every inch of public utility and transportation infrastructure, one again would think that any type of energy based legislation pertaining to the above and passed in either the Senate or the House would be done so for the purpose of simply getting on with the task of fixing what is so obviously broke within our nation’s entire energy dialog. Unfortunately, this is still not the case, and, as such, far too many truly dynamic mixed energy based industrial ideas get buried in legislation that is designed more to be a social science experiment as opposed to being a blueprint for applying highly focussed industrial momentum across the full spectrum of our whole national economy.



Having said the above, and, having as well, a rather innate capacity to look deeply into the wording of such things as Federal and State laws, I’ve done so with the S.2012 - Energy Policy Modernization Act of 2016. With several dozen amendments attached to this act, I’ve chosen one amendment in particular to pick apart from within that innate frame of mind.



Entitled SA 3202, the summary of purpose both for the addition and outcome of this particular amendment is “To improve the accuracy of mortgage underwriting used by the Federal Housing Administration by ensuring that energy costs are included in the underwriting process, to reduce the amount of energy consumed by homes, to facilitate the creation of energy efficiency retrofit and construction jobs, and for other purposes.”



While SA 3202 might appear to some as being an amendment that is at best, either marginal in scope or entirely pointless to begin with, from my particular perspective SA 3202 has the potential to become a rather crucial legislative tool. Yet before it can become what it is I think the authors were intending, I also think that it is important to go through this amendment word for word, peeling away the nonsense and strengthening its combined or multi dimensional legislative potential in the process.



As such, below is SA 3202 in it’s entirety. The original text of this amendment will be found in Black lettering.



Please keep in mind my particular summary of purpose for this amendment before reading it.



Due to the rather obvious fact that virtually everyone in America actually lives in a building and all buildings should be energy efficient, should the federal government be attempting to set a standard of improving the accuracy of mortgage underwriting that is based on energy efficiency on only FHA insured mortgages, or, would that same government better serve the entirety of residential building efficiency by establishing a uniform mortgage lending model that is anchored simultaneously to the growth of micro public utility entities that are themselves creating the foundation for real job growth in the residential renovation and retrofitting construction and manufacturing sectors at the same time?”



What’s more important - strengthening the FHA, or, truly rebuilding every aspect of our nation’s energy and transportation infrastructure?



Shouldn’t an energy efficient house be considered as a crucial part of energy efficient infrastructure?



Is a community full of energy efficient homes owned by people who work in energy efficient industries more economically viable than a community pock marked by FHA funded housing subsidized by the federal government and filled with unskilled, low income non achievers who are themselves nothing more than a nascent social science experiment?



My comments will be in Red lettering.



SA 3202. Mr. ISAKSON (for himself, Mr. Bennet, Mr. Portman, Mrs.
Shaheen, and Mr. Coons) submitted an amendment intended to be proposed
to amendment
SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to
provide for the modernization of the energy policy of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:
      At the end of title I, add the following:                         Subtitle F--Housing    SEC. 1501. DEFINITIONS.      In this subtitle, the following definitions shall apply:

      (1) Covered loan.--The term ``covered loan'' means a loan     secured by a home that is insured by the Federal Housing     Administration under title II of the National Housing Act (12     U.S.C. 1707 et seq.).
(1A) Covered loan.--The term ``covered loan'' means a loan
secured by any home that is insured by the issuance of both public    utility and municipal bonds created for the overall improvement of neighborhood infrastructure under the
National Community Banking And Infrastructure Reinvestment Act.



    (2) Homeowner.--The term ``homeowner'' means the mortgagor     under a covered loan.



    (3) Mortgagee.--The term ``mortgagee'' means an original     lender under a covered loan or the holder of a covered loan     at the time at which that mortgage transaction is consummated.    SEC. 1502. ENHANCED ENERGY EFFICIENCY UNDERWRITING CRITERIA.      (a) In General.--Not later than 1 year after the date of     enactment of this Act, the Secretary of Housing and Urban     Development shall, in consultation with the advisory group     established in section 1505(c), develop and issue guidelines     for the Federal Housing Administration to implement enhanced     loan eligibility requirements, for use when testing the     ability of a loan applicant to repay a covered loan, that     account for the expected energy cost savings for a loan     applicant at a subject property, in the manner set forth in     subsections (b) and (c).



(a) In General.--Not later than 1 day after the date of     enactment of this Act, the Secretary of Housing and Urban     Development along with the advisory group     established in section 1505(c) shall be fired for the abject failure to
    develop and issue guidelines for the Federal Housing Administration to  
    implement enhanced loan eligibility requirements prior to the
    introduction of SA 3202 in the first place. In addition, for their
    collective failure to produce employment for the loan applicant being
    tested for his or her ability to repay a covered loan that only in theory     accounts for the expected energy cost savings for a loan     applicant at a subject property, in the manner set forth in     subsections (b) and (c), these same government employees will be
    banned from living in anything other than FHA low income housing for  
    the rest of their natural born lives.

(b) Requirements to Account for Energy Cost Savings.--

      (1) In general.--The enhanced loan eligibility requirements     under subsection (a) shall require that, for all covered     loans for which an energy efficiency report is voluntarily     provided to the mortgagee by the homeowner, the Federal     Housing Administration and the mortgagee shall take into     consideration the estimated energy cost savings expected for     the owner of the subject property in determining whether the     loan applicant has sufficient income to service the mortgage     debt plus other regular expenses.



    ((a) shall require that, for all covered     loans for which an energy efficiency report is voluntarily     provided to the mortgagee by the homeowner? - how can a law be
    enacted if the basis for the entire law is voluntary submission of a
    vaguely worded energy efficiency report for a home that is already  
    deemed to be energy inefficient in the first place?)  

      (2) Use as offset.--To the extent that the Federal Housing     Administration uses a test ( a theoretical hunch ) such as a
    debt-to-income test that includes certain regular expenses, such as
    hazard insurance and property taxes--??old car liability insurance??---
    ??non organic backyard garden insurance??---      (A) the expected energy cost savings shall be included as     an offset to these expenses; and
      (B) the Federal Housing Administration may not use the     offset described in subparagraph (A) to qualify a loan     applicant for insurance under title II of the National     Housing Act (12 U.S.C. 1707 et seq.) with respect to a loan     that would not otherwise meet the requirements for such     Insurance. ( delete due to overall vagueness )

      (3) Types of energy costs.--Energy costs to be assessed     under this subsection shall include the cost of electricity,     natural gas, oil, and any other fuel regularly used to supply     energy to the subject property.



     (3) Types of energy investments.--Energy investments to be assessed     under this subsection shall include the use of Advanced Metering   
    Infrastructure(AMI) smart metering technology to balance the use of
    electrical generation and distribution, fixed natural gas used for
    heating, natural gas an EV based personal transportation, heating oil,
    and any other fuel regularly used to supply energy to the subject
    property - all of which are regulated by the combined governance of
    individual State Public Utility Commissions (PUCs) and the Federal  
    Energy Regulatory Commission (FERC) through the regional and local  
    jurisdiction of Planning Commissions and Building Code Enforcement  
    entities charged with the overall implementation of whole national
    energy policy.

(c) Determination of Estimated Energy Cost Savings.--

      (1) In general.--The guidelines to be issued under     subsection (a) shall include instructions for the Federal     Housing Administration to calculate estimated energy cost     savings using--      (A) the energy efficiency report;      (B) an estimate of baseline average energy costs; and      (C) additional sources of information as determined by the       Secretary of Housing and Urban Development.



      ( This is the “Buy an Energy Star Rated Appliance And Hope For the  
      Best Economic Outcome Theory” which entirely overlooks the larger  
      fact of crafting legislation that rates the whole infrastructure of both  
      the home and the community the home and its occupants live in as  
      being the baseline from which overall energy supply, demand and
      distribution do not define average energy costs, but instead, define  
      overall investment potential in broad energy sectors. )

      (2) Report requirements.--For the purposes of paragraph           (1), an energy efficiency report shall--

      (A) estimate the expected energy cost savings specific to     the subject property, based on specific information about the     Property;

      (B) be prepared in accordance with the guidelines to be     issued under subsection (a); and

      (C) be prepared--

      (i) in accordance with the Residential Energy Service     Network's Home Energy Rating System (commonly known as     ``HERS'') by an individual certified by the Residential     Energy Service Network, unless the Secretary of Housing and     Urban Development finds that the use of HERS does not further     the purposes of this subtitle;



    (i) The HERS program, which has been in existence since 2006 was   
    developed as a theoretical computer model of supposed energy  
    efficient benchmarks that more or less assume the fact that one  
    “already real and built actual living house” similar to the one crafted in
    a computer model, either meets or does not meet the faulty
    assumptions of the undereducated computer programmer to begin
    with. As the simple placement of a tree in front of a bay window on a
    real house will alter significantly, the whole energy performance of  
    that house, and, assuming that there may very well be several houses  
    of the exact same floor plan built on an entire block, each house  
    placed upon a separate real estate parcel on that block, will, just by
    such placement, have decidedly different performance characteristics
    associated to it.



As a portion of said characteristics could be wind shear, solar gain, geothermal heat absorption, rainwater run off, overall building material selection, personal lifestyle living patterns, etc., to suggest the HERS program is nothing more than an excuse to employee useless building inspectors and computer programmers to replace the knowledge of true master builders and their whole combined architectural and site engineering based historic knowledge of the area is a massive insult to the entire home construction industry. It is as well, an insult to the entire public utility sector that if such monitoring were left to Public Utility Commissions to regulate via wholly integrated smart metering, the whole economic growth of all sectors having to do with residential and community energy retrofitting would flourish?



To think about the fact that one individual certified by the above proposed Residential Energy Service Network would, in all likelihood, have to live in one home on one block for one full year to document the overall fluctuations of energy use any given building goes through over the course of four seasons. AMI, Advanced Metering Infrastructure suggests overwhelmingly, the distinct possibility that each home on each parcel of land is in and of itself, a wholly independent energy system only as such independence is fully dependent upon the whole energy grid for its unique energy functionality. From the simple viewpoint of Economics 101, grasping the cumulative effects of gathering what is essentially whole climatic performance of a given residential architecture via AMI, such gathering is the gold in our emerging 21st century American Public Utility Infrastructure Development Bank. As such, this whole technological model puts a decidedly new spin on the old saying “A Man’s Home Is His Castle”.         

      (ii) in accordance with the Alaska Housing Finance     Corporation energy rating system by an individual certified     by the Alaska Housing Finance Corporation as an authorized     Energy Rater; or

      (iii) by other methods approved by the Secretary of Housing     and Urban Development, in consultation with the Secretary and     the advisory group established in section 1505(c), for use     under this subtitle, which shall include a third-party     quality assurance procedure.



Puerto Rico is now in the news as this “51st United American State” is, for the second time, defaulting on its loan payment after the Government Development Bank of Puerto Rico failed to repay almost $400 million. As this seemingly unrelated matter to Senate Amendment (SA 3202) is of significant economic note to Puerto Rico, the State of Alaska may not be very far behind due to its overall statewide economic reliance upon fossil fuels.



As such, what is strikingly bizarre to SA 3202 is the reliance the Secretary of Housing and Urban Development has upon establishing energy efficient building standards for the entire country (and presumably Puerto Rico) based upon the Alaska Housing Finance Corporation energy rating system. The wording of this particular portion of SA 3202 clearly suggests that the people of Puerto Rico, as well as the people of Alabama and New Mexico, New York and North Carolina all must travel all the way to Alaska to gain the title of Alaska Housing Finance Corporation authorized Energy Rater.



Think about this whole notion for a minute.



The people of Puerto Rico, in pursuit of solutions to their overall economic conundrum, will, in traveling all the way to Alaska, not only be able to establish energy efficient building standards for their tropical island geographical domain, but, in the process,avoid default on their $400 Million loan???????????????????????????????



Is there such a thing as a Puerto Rican Polar Bear?



Can Polar Bears wear grass skirts?

      (3) Use by appraiser.--



    If an energy efficiency report is     used under subsection (b), the energy efficiency report shall     be provided to the appraiser to estimate the energy     efficiency of the subject property and for potential     adjustments ( commonly referred to as the Puerto Rican/Alaskan
    Energy Absorption Climate Change Polar Bear Relocation Adjustment
    Clause - PRA EAC CPBRA - Eskimo-Aluet-Inuit for “what the fuck” )  for energy efficiency.      
       (d) Pricing of Loans.--



      (1) In general.--The Federal Housing Administration may     price covered loans originated under the enhanced loan     eligibility requirements required under this section in     accordance with the estimated risk of the loans.



(1) This particular segment of SA 3202 is clearly the most pliable, or, the most tangible asset of the entire amendment, as it is as well, critical to our collective national path of merging a broad host of seemingly detached and unnecessarily counter intuitive ideologies, as such ideologies pertain to multi energy source based economic cohabitation from within the whole nature of what should be, neighborhood based, comprehensive public utility installation.



As I am convinced that competing energy sources such as solar and natural gas (to name a minute few micro utility profiles), cannot possibly function within the constraints of what it is the FHA is supposed to be able to accomplish as a result of the eventual passage of SA 3202, what is monumentally lacking within the whole potential perspective of this amendment is the fact that from a purely financial perspective, overall community based economic development will not be realized unless the passage of broad federal energy (FERC oriented) public utility based mortgage underwriting instrument is systematically brought to every homeowner, regardless of whether or not they (the homeowner) choose FHA as the underwriter or guarantor of said residential based mortgage instrument.



With the much larger issue being the full, multi dimensional development of a mixed energy based micro community power and transportation grid model, and, as in grasping the clearly larger implications of doing so, every home, through the incorporation of truly advanced building code modeling, community education and subsequent positive enforcement of said building codes, has the clear potential of enabling communities nationwide to benefit not from the application of building codes (as they are quite abstractly and generically applied within the framework of this nascent SA 3202 document), but, from the much broader application of codes as they interact substantially more so via state based, regionally based and municipality based  management of micro public utility regulatory commissions. Thus, from an economic perspective, suggesting that the FHA should be the only regulatory body insisting upon such building efficiency is, at best, pointless, and, from within the constraints of the wording in SA 3202, would, much more likely than not, serve to be a legislative inhibitor of a much larger economic growth platform if in fact that public utility regulatory and overall building code enforcement platform was neighborhood based.       

      (2) Imposition of certain material costs, impediments, or     Penalties ( except polar bear penalties ).--In the absence of a publicly  
    disclosed analysis that demonstrates significant additional default risk
    or prepayment risk associated with the loans, the Federal     Housing Administration shall not impose material costs,     impediments, or penalties on covered loans merely because the     loan uses an energy efficiency report ( from Alabama ) or the  
    enhanced loan eligibility requirements required ( in Rochester, New
    York ) under this section.

      (e) Limitations.--

      (1) In general.--The Federal Housing Administration may     price covered loans originated under the enhanced loan     eligibility requirements required under this section in     accordance with the estimated risk ( defaulting on its loan payment
    after the Government Development Bank of Puerto Rico failed to repay
    almost $400 million. ) of those loans.

      (2) Prohibited actions.--The Federal Housing Administration     shall not--

      (A) modify existing underwriting criteria or adopt new     underwriting criteria that intentionally negate or reduce the     impact of the requirements or resulting benefits that are set     forth or otherwise derived from the enhanced loan eligibility     requirements required under this section; or



(Regardless of where one reads, there is virtually no underwriting criteria outlined in SA 3202. Everything that is stated is purely theoretical with virtually no benchmark from which any form of national building energy emission, conservation, production, distribution, rate making or funding standards in general can be applied to a point in which some sort of measured economic attainment is realized as a result of passing SA 3202 within its current and hopelessly abstract form.)   

      (B) impose greater buy back requirements, credit overlays,     or insurance requirements, including private mortgage     insurance, on covered loans merely because the loan uses an     energy efficiency report or the enhanced loan eligibility     requirements required under this section.



(B)Again, a certain sense of plausibility should ultimately be the benchmark for legislative sustainability. If in fact, a legislative idea, initially vague in circumference is haunted by equally vague terms such as “buy back requirements”, needless to say, whatever truly constructive benefits such an amendment is hopefully designed to achieve, is at best negligible if not lost or squandered entirely.

      (f) Applicability and Implementation Date.--Not later than     3 years after the date of enactment of this Act, and before     December 31, 2019, the enhanced loan eligibility requirements     required under this section shall be implemented by the     Federal Housing Administration to--



( Another Application and Implementation Date for a theory, admitted to by its own authors, as being in the development stage only? )

      (1) apply to any covered loan for the sale, or refinancing     of any loan for the sale, of any home;



(1) This essay has been written within the the context of my overall
support of what I consider to be as, the most substantial and
constructive amendment (SA 3202) to the overall S.2012 - Energy
Policy Modernization Act of 2016. - Residential energy
conservation and overall energy based home mortgage letting,
guarantorship and long term sustainability of the whole portrait of
energy consciousness is then, at the financial center of such
residential or community or neighborhood based guarantorship.



As such, it is in my view, crucial to grasp the underlying dialog of   
what, in the view of the FHA, must ultimately be stated…)  




      (2) be available on any residential real property     (including individual units of condominiums and cooperatives)     that qualifies for a covered loan; and



(2) be available to all residential property throughout every  
geographical and climatic region of the United States Of America as
such regions are defined by the whole cooperative analysis of building energy efficiency and consumption, as well as overall energy generation as such generation can be defined from within the context of residential building clusters occupying state based PUC and federal based FERC building code benchmarks for overall energy management within said geographical parameters.
(2A) As such parameters can and most certainly must be defined in extremely small city block or equally small rural based energy acreage increments of micro energy sectors specific to the climatic as well as architectural nuances of said sectors, building code benchmarks defined by state based PUCs and federal FERC policy ultimately serve as the financial guarantorship models required of both private and federal home mortgage fluidity.

      (3) provide prospective mortgagees with sufficient guidance     and applicable tools to implement the required underwriting     Methods.



(3) guidance and application tools are comprised of the regulatory
instruments defined above in (2) and (2A)




    SEC. 1503. ENHANCED ENERGY EFFICIENCY UNDERWRITING VALUATION        
          GUIDELINES.      (a) In General.--Not later than 1 year after the date of     enactment of this Act, the Secretary of Housing and Urban     Development shall--
(a) In General.--There is nothing, within the context of this Act, the Secretary of Housing and Urban Development can point to that would justify the implementation of SA 3202 for any reason whatsoever other than to further the employment of persons who have never really been responsible for anything other than getting paid taxpayers dollars to waste taxpayers dollars.




      (1) in consultation with the Federal Financial Institutions     Examination Council and the advisory group established in     section 1505(c), develop and issue guidelines for the Federal     Housing Administration to determine the maximum permitted     loan amount based on the value of the property for all     covered loans made on properties with an energy efficiency     report that meets the requirements of section 1502(c)(2); and

[[
Page S504]]      (2) in consultation with the Secretary, issue guidelines     for the Federal Housing Administration to determine the     estimated energy savings under subsection (c) for properties     with an energy efficiency report.      (b) Requirements.--The enhanced energy efficiency     underwriting valuation guidelines required under subsection     (a) shall include--      (1) a requirement that if an energy efficiency report that     meets the requirements of section 1502(c)(2) is voluntarily     provided to the mortgagee, such report shall be used by the     mortgagee or the Federal Housing Administration to determine     the estimated energy savings of the subject property; and      (2) a requirement that the estimated energy savings of the     subject property be added to the appraised value of the     subject property by a mortgagee or the Federal Housing     Administration for the purpose of determining the loan-to-    value ratio of the subject property, unless the appraisal     includes the value of the overall energy efficiency of the     subject property, using methods to be established under the     guidelines issued under subsection (a).
There has been virtually nothing written in the above three paragraphs that would indicate that those who actually wrote these paragraphs had even a clue as to what on earth they were talking about within these paragraphs to begin with.

      (c) Determination of Estimated Energy Savings.--      (1) Amount of energy savings.--The amount of estimated     energy savings shall be determined by calculating the     difference between the estimated energy costs for the average     comparable houses, as determined in guidelines to be issued     under subsection (a), and the estimated energy costs for the     subject property based upon the energy efficiency report.
(1) There is no such thing as an estimated savings on energy costs either for and/or of a comparable house(s). As every residential property is essentially an extension of the human personality that occupies a house, to suggest that human behavior for some reason must be measured by energy costs and said energy costs are the determinant of mortgage valuation is at best sheer insanity, and, at worst, human engineering for the sake of attaining a mortgage in the first place.
      (2) Duration of energy savings.--The duration of the     estimated energy savings shall be based upon the estimated     life of the applicable equipment, consistent with the rating     system used to produce the energy efficiency report.
(2) In other words, the Federal Housing Administration is going to rely upon an ENERGY STAR performance label on an appliance and the IT system utilized to produce an energy efficient report knowing full well that all appliances as well as all IT software undergoes virtually constant technological improvement and such improvement has virtually no bearing on the advanced architectural energy efficiency of the actual housing unit and overall neighborhood housing unit clusters such appliances actually operate in while consuming the power generated from said micro urban, rural or (neighborhood based in general) mixed energy power clusters.
      (3) Present value of energy savings.--The present value of     the future savings shall be discounted using the average     interest rate on conventional 30-year mortgages, in the     manner directed by guidelines issued under subsection (a).
(3) The present value of the future savings??????????????? ---
      (d) Ensuring Consideration of Energy Efficient Features.--    Section 1110 of the Financial Institutions Reform, Recovery,     and Enforcement Act of 1989 (12 U.S.C. 3339) is amended--      (1) in paragraph (2), by striking ``; and'' at the end;      (2) in paragraph (3), by striking the period at the end and     inserting ``; and''; and      (3) by inserting after paragraph (3) the following:      ``(4) that State certified and licensed appraisers have     timely access, whenever practicable, to information from the     property owner and the lender that may be relevant in     developing an opinion of value regarding the energy-saving     improvements or features of a property, such as--
(4) Can any sane and rational person imagine State certified and licensed appraisers having timely access to energy use information that is not only entirely pointless to begin with, but is unequivocally violating an individual’s constitutional right to privacy?
(4) Even more so, when is the last time a state inspector on any level had either the time or the budget to visit virtually every home in the network of FHA funded homes to inspect technology that they themselves most likely are entirely incapable of working with in the first place?
(4) Are such ideas being generated solely for the purpose of creating public sector jobs for people who are entirely too stupid to compete in the private sector?
      ``(A) labels or ratings of buildings;      ``(B) installed appliances, measures, systems or     technologies;      ``(C) blueprints;      ``(D) construction costs;      ``(E) financial or other incentives regarding energy-    efficient components and systems installed in a property;      ``(F) utility bills;      ``(G) energy consumption and benchmarking data; and      ``(H) third-party verifications or representations of     energy and water efficiency performance of a property,     observing all financial privacy requirements adhered to by     certified and licensed appraisers, including section 501 of     the Gramm-Leach-Bliley Act (15 U.S.C. 6801).    Unless a property owner consents to a lender, an appraiser,     in carrying out the requirements of paragraph (4), shall not     have access to the commercial or financial information of the     owner that is privileged or confidential.''.      (e) Transactions Requiring State Certified Appraisers.--    Section 1113 of the Financial Institutions Reform, Recovery,     and Enforcement Act of 1989 (12 U.S.C. 3342) is amended--      (1) in paragraph (1), by inserting before the semicolon the     following: ``, or any real property on which the appraiser     makes adjustments using an energy efficiency report''; and      (2) in paragraph (2), by inserting after before the period     at the end the following: ``, or an appraisal on which the     appraiser makes adjustments using an energy efficiency     report''.      (f) Protections.--      (1) Authority to impose limitations.--The guidelines to be     issued under subsection (a) shall include such limitations     and conditions as determined by the Secretary of Housing and     Urban Development to be necessary to protect against     meaningful under or over valuation of energy cost savings or     duplicative counting of energy efficiency features or energy     cost savings in the valuation of any subject property that is     used to determine a loan amount.      (2) Additional authority.--At the end of the 7-year period     following the implementation of enhanced eligibility and     underwriting valuation requirements under this subtitle, the     Secretary of Housing and Urban Development may modify or     apply additional exceptions to the approach described in     subsection (b), where the Secretary of Housing and Urban     Development finds that the unadjusted appraisal will reflect     an accurate market value of the efficiency of the subject     property or that a modified approach will better reflect an     accurate market value.      (g) Applicability and Implementation Date.--Not later than     3 years after the date of enactment of this Act, and before     December 31, 2019, the Federal Housing Administration shall     implement the guidelines required under this section, which     shall--      (1) apply to any covered loan for the sale, or refinancing     of any loan for the sale, of any home; and      (2) be available on any residential real property,     including individual units of condominiums and cooperatives,     that qualifies for a covered loan.    SEC. 1504. MONITORING.      Not later than 1 year after the date on which the enhanced     eligibility and underwriting valuation requirements are     implemented under this subtitle, and every year thereafter,     the Federal Housing Administration shall issue and make     available to the public a report that--      (1) enumerates the number of covered loans of the Federal     Housing Administration for which there was an energy     efficiency report, and that used energy efficiency appraisal     guidelines and enhanced loan eligibility requirements;      (2) includes the default rates and rates of foreclosures     for each category of loans; and      (3) describes the risk premium, if any, that the Federal     Housing Administration has priced into covered loans for     which there was an energy efficiency report.    SEC. 1505. RULEMAKING.      (a) In General.--The Secretary of Housing and Urban     Development shall prescribe regulations to carry out this     subtitle, in consultation with the Secretary and the advisory     group established in subsection (c), which may contain such     classifications, differentiations, or other provisions, and     may provide for such proper implementation and appropriate     treatment of different types of transactions, as the     Secretary of Housing and Urban Development determines are     necessary or proper to effectuate the purposes of this     subtitle, to prevent circumvention or evasion thereof, or to     facilitate compliance therewith.
(a) In General.--The Secretary of Housing and Urban Development shall prescribe regulations that will dictate to anyone choosing to apply for a FHA backed loan to be found guilty of something related to the circumvention or evasion thereof, or to facilitate compliance therewith of a federal energy act SA 3202 that is so pointlessly vague in scope to suggest that while FHA homeowners may be found guilty of peeling off ENERGY STAR appliances labels and selling the same on the urban ghetto black market, there is nothing within the wording of this act to suggest that same black market ENERGY STAR label thief would be found guilty of blowing the brains out of a State Inspector for entering into a home that under federal law clearly suggests an individual has the right to protect his or her self if in fact the intruder, due to the abstract and wholly delusional nature of the inspector’s request, might be deemed to be a threat to the physical safety of that homeowner’s family and friends.    
      (b) Rule of Construction.--Nothing in this subtitle shall     be construed to authorize the Secretary of Housing and Urban     Development to require any homeowner or other party to     provide energy efficiency reports, energy efficiency labels,     or other disclosures to the Federal Housing Administration or     to a mortgagee.      (c) Advisory Group.--To assist in carrying out this     subtitle, the Secretary of Housing and Urban Development     shall establish an advisory group, consisting of individuals     representing the interests of--      (1) mortgage lenders;      (2) appraisers;      (3) energy raters and residential energy consumption     experts;      (4) energy efficiency organizations;      (5) real estate agents;      (6) home builders and remodelers;      (7) consumer advocates;      (8) State energy officials; and      (9) others as determined by the Secretary of Housing and     Urban Development.    SEC. 1506. ADDITIONAL STUDY.      (a) In General.--Not later than 18 months after the date of     enactment of this Act, the Secretary of Housing and Urban     Development shall reconvene the advisory group established in     section 1505(c), in addition to water and locational     efficiency experts, to advise the Secretary of Housing and     Urban Development on the implementation of the enhanced     energy efficiency underwriting criteria established in     sections 1502 and 1503.      (b) Recommendations.--The advisory group established in     section 1505(c) shall provide recommendations to the     Secretary of Housing and Urban Development on any revisions     or additions to the enhanced energy efficiency underwriting     criteria deemed necessary by the group, which may include     alternate methods to better account for home energy costs and     additional factors to account for substantial and regular     costs of homeownership such as location-based transportation     costs and water costs. The Secretary of Housing and Urban     Development shall forward any legislative recommendations     from the advisory group to Congress for its consideration.



SEC. 1507. THE ACTUAL FRAMEWORK OF RESIDENTIAL BUILDING
                     EFFICIENCY, PUBLIC UTILITY RESTRUCTURING AND   
                     WHOLE NEIGHBORHOOD ECONOMIC REDEVELOPMENT.

 (a) In General.--Not later than “18 seconds” after the date of enactment of this Act, virtually every community in America will be divided into ½ square mile micro energy grid sectors fully governed by the following:--
(1) State Public Utility Commissions;
(2) Federal Energy Regulatory (micro regional) Commissions;
(3) Municipal Building Code Coordinators;
(4) Neighborhood Building Trade Associations;
(5) Industry leaders in all energy sectors;
(6) Neighborhood micro transit authorities.
(b) The Immediate Function.--these entities will be responsible for the following:--
(1) The full architectural redesign of every residential dwelling within said ½ square mile                     micro energy grid sector.
(2) The site specific, full energy demand, supply and distribution model of each residential                   dwelling within aforementioned micro energy grid sector.
(3) The full transportation demand model of each dwelling.
(4) The full above ground and below ground design/engineering schematic of all utilities going to and leaving a single residential property as well as the subsequent schematic of the overall mixed energy, micro utility interface said residence will share with other residences within the ½ square mile micro energy grid sector said residence is an integral part of.
(5) A complete and multi faceted construction material list developed specifically for one                     individual home that--
(a) May or may not have the same community based building code guidelines to adhere to as that of the building right next door, or--
(b), several other residential, commercial or light industrial structures located within the ½ square mile micro energy grid sector that has been defined as a grid sector for its overall potential to create multi level, long term sustainable revenue streams that are--
(c) directly associated with equally substantial neighborhood based job creation within the broad family of mixed energy private as well as public utility industries involved with either the demand, supply or distribution of overall utility function within that ½ square mile micro energy grid sector.
(d) Private sector industries will include all construction/building trade sub groups associated with--(1) Full building energy retrofits.
(2) Full building construction waste stream management.
(3) Full building landscape design, engineering, construction and long term environmental/economic management and maintenance.
(4) Full building transportational needs analysis.
(5) Full building transportational fueling analysis.
(6) Full building vehicle maintenance analysis.
(7) Fresh water treatment and management.
(8) Rainwater management.
(9) Sewage and graywater treatment.
(10) All aspects of micro electrical generation, storage and distribution analysis.




Thanks for stopping by.



Mike Patrick Dahlke
312 – 493 – 7935


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