NMHC/NAA are reaching out to members asking for direct support of legislation that would require the Environmental Protection Agency (EPA) and Army Corps of Engineers to redraft their flawed “Waters of the U.S.” final rule.
This will impact multifamily by significantly expanding the number of developers subject to federal permitting requirements.
Senate Majority Leader Mitch McConnell (R-KY) will offer a motion to proceed with the Federal Water Quality Protection Act (S. 1140) on November 2. The bill is expected to come up for a vote Wednesday, November 4. NAA/NMHC strongly support this bipartisan bill which lays out a detailed blueprint for EPA and the Army Corps to follow as the agencies "re-draft" the severely flawed rule that defines the scope of federal control over water and adjacent lands.
The agencies finalized a WOTUS rule that became effective on August 28; lawsuits by various stakeholders including in 31 states were filed. The U.S. Court of Appeals for the 6th circuit has enjoined the rule in all 50 states, finding that the states' have proven a "substantial likelihood of success on the merits." This stay is by no means permanent and even if the ruling is upheld, the ambiguities over federal jurisdiction would continue to create confusion and result in increased time and expense to move forward on legitimate projects.
It is, therefore, important for the Administration to begin work crafting a new rule. The real estate community supports a strong and practical rule to clarify the scope of the Clean Water Act. S. 1140 would give the agencies the 4 corners of a framework for writing such a rule in consultation with state authorities. S. 1140 would be open for amendment as it is considered on the floor.
NMHC/NAA are urging members of the Senate to vote YES on the Motion to Proceed of S. 1140 AND YES on Final Passage of S. 1140 offered by Senators John Barrasso (R-WY), Joe Donnelly (D-IN) and Heidi Heitcamp (D-ND).
Contact your Senators TODAY!