Agenda Summary 2007 Land Use Property Rights and Environment Committee National Association of REALTORS® Midyear Legislative Meetings & Trade Expo Marriott Wardman Park Marriott Ballroom Salon 1, Lobby Level Wednesday, May 16, 2007 10:00 AM - 12:00 PMChair: William Arnold, Tucson, TX Vice Chair: LaurieUrbigkit, Riverton, Wy Committee Liaison: Gary Thomas, CA Committee Executive: Russell Riggs, Mark WashkoI. Call To Order and Opening Remarks
Ownership Disclosure Policy
1. When NAR has an ownership interest in an entity and a member has an ownership interest* in that same entity, such member must disclose the existence of his or her ownership interest prior to speaking to a decision making body on any matter involving that entity.
2. If a member has personal knowledge that NAR is considering doing business with an entity in which a member has any financial interest**, or with an entity in which the member serves in a decision-making capacity, then such member must disclose the existence of his or her financial interest or decision making role prior to speaking to a decision making body about the entity.
3. If a member has a financial interest in, or serves in a decision-making capacity for, any entity that the member knows is offering competing products and services as those offered by NAR, then such member must disclose the existence of his or her financial interest or decision-making role prior to speaking to a decision making body about an issue involving those competing products and services.
After making the necessary disclosure, a member may participate in the discussion and vote on the matter unless that member has a conflict of interest as defined below.
Conflict of Interest Policy
A member of any of NAR’s decision making bodies will be considered to have a conflict of interest whenever that member:
1. Is a principal, partner or corporate officer of a business providing products or services toNAR or in a business being considered as a provider of products or services ("Business"); or
2. Holds a seat on the board of directors of the Business unless the person’s only relationship to the Business is service on such board of directors as NAR’s representative; or
3. Holds an ownership interest of more than 1 percent of the Business.
Members with a conflict of interest must immediately disclose their interest at the outset of any discussions by a decision making body pertaining to the Business or any of its products or services. Such members may not participate in the discussion relating to that Business other than to respond to questions asked of them by other members of the body. Furthermore, no memberwith a conflict of interest may vote on any matter in which the member has a conflict of interest, including votes to block or alter the actions of the body in order to benefit the Business in which they have an interest. ________________________________________ *Ownership interest is defined as the cumulative holdings of the member, the member’s spouse, children, siblings and to any trust, corporation or partnership in which any of the foregoing individuals is an officer or director, orowns, in the aggregate, at least 50% of the (a) beneficial interest (if a trust), (b) stock (if a corporation) or (c) partnership interests (if a partnership).
**Financial interest means any interest involving money, investments, credit or contractual rights.
II. Approval of Previous Meeting's MinutesIII. Review and Ratification of Committee Goals Purpose:To explore, recommend and promote actions and strategies on legislative and regulatory matters regarding the environment, land use and property rights that impact the development, sale, transfer and value of real estate; to monitor federal legislation and regulations pertaining to the environment, land use and property rights; and to recommend an appropriate NAR response to requests for assistance (in these regards) from State or Local Associations.
GOAL #1: National Flood Insurance Program (NFIP): Assist in the development and implementation of legislative and regulatory proposals to improve the NFIP, including: 1) reauthorizing of the NFIP; 2) upgrading the Federal Emergency Management Agency (FEMA) floodplain maps to ensure that they are accurate and updated in a timely manner; 3) ensuring that the NFIP is risk-based and actuarially sound; 4) improving the process for identifying properties located within federally-designated floodplains, and making corrections and updating the maps.
Actions to be taken by Committee to Achieve Goal: - As appropriate, selected Committee members accompany NAR staff to federal legislative and regulatory meetings (e.g., Congress, FEMA national/regional offices) to discuss problems with the existing NFIP program and advocate NAR’s recommendations for improvement. - Committee members report developments to full Committee at two annual business meetings (e.g., positive and negative experiences with flood maps).
Expected Outcome: FEMA’s National Flood Insurance Program operates in a financially soundmanner, and quickly and correctly identifies properties that require federal flood insurance as a condition of receiving a mortgage.
GOAL #2: Eminent Domain: Assist in the process of ensuring that government use of its eminentdomain power is exercised in a manner that does not violate private property rights.
Actions to be taken by Committee to Achieve Goal: - Committee develops policy as needed. - Committee members report developments to full Committee at two annual business meetings (e.g., positive and negative experiences with eminent domain). - Appropriate research is conducted and distributed to members.
Expected Outcome: The Government’s exercise of eminent domain balances public needs and private rights.
GOAL #3: Natural Disasters: Assist in the development and implementation of policy that: promotes the availability of risk-based insurance to the consumer; provides incentives for individuals living in high-risk areas to undertake appropriate mitigation measures; emphasizes the importance of adequate building codes, smart land use decisions and proper enforcement of both; recognizes the role of states in maintaining a viable insurance marketplace; and reinforces the role of government to build and maintain critical infrastructure, including levees, dams and bridges.
Actions to be taken by Committee to Achieve Goal: - Committee develops policy as needed. - As appropriate, selected Committee members accompany NAR staff to regulatory, legislative and industry meetings (e.g., Congress, FEMA, Fannie Mae, Freddie Mac) to present the REALTOR® perspective. - Committee members report developments to full Committee at two annual business meetings (e.g., insurance availability/affordability problems).
Expected Outcome: Adequate insurance coverage is available.
GOAL #4: Endangered Species: Assist in the development of policies and proposals that would reform the Endangered Species Act. These reforms should be market-based and emphasize programs and policies that provide incentives to landowners to protect species and species habitat.
Actions to be taken by Committee to Achieve Goal: - Committee members report legal, regulatory, and legislative developments to Committee at two annual business meetings. - Committee develops policy as needed. - Selected Committee members accompany NAR staff to federal regulatory and legislative meetings (e.g., Congress, Department of Interior) to present the REALTOR® perspective.
Expected Outcome: REALTORS® and REALTOR® associations will influence the public policy debate regarding reform of the Endangered Species Act.
GOAL #5: Other Critical Environmental Issues: Assist in the process of positioning REALTORS® and REALTOR® associations inthe forefront of the legal and policy debate on environmental issues particularly affecting real estate, including but not limited to: radon, lead-based paint, water quality and quantity, endangered species, the remediation of illegal drug manufacturing laboratories, property rights, wetlands, and global climate change.
Actions to be taken by Committee to Achieve Goal: - Committee develops policy as needed. - Committee members report developments to full Committee at twoannual business meetings (e.g., positive and negative experiences with public or private sector initiatives). - As appropriate, Committee leadership/selected members accompany NAR staff to federal legislative and regulatory meetings.
Expected Outcome: All environmental laws and regulations at the federal, state and local levels maintain a reasonable balance between environmental protection and economic vitality.
GOAL #6: Policy Review: Undertake comprehensive review of all policies associated with the Land Use, Property Rights and Environment Committee.
Actions to be taken by Committee to Achieve Goal: - Chair appoints subcommittee no later than the Mid-year meeting. - Subcommittee deliberates as necessary. - Subcommittee submits final report and recommendations for review by full Committee at Annual Conference. - The Committee reviews and acts upon the recommendations of the subcommittee at the Annual Conference.
Expected Outcome: All Committee polices are reviewed to: insure consistency with the Strategic Plan, evaluate relevancy in the current regulatory and political climate, and to provide an appropriate method to update, correct and amend same.
IV. Land Use, Property Rights and Environment Forum Report
- Sam Kain, Chair
V. Policy Review Subcommittee
- Laurie Urbigkit,Vice-Chair
VI. Legislative and Regulatory Update
- Mark Washko, Senior Environmental Representative (Legislative) - Russell Riggs, Regulatory Representative (Regulatory)
VII. Other Updates
- Bob Fleck, Chair, Smart Growth Advisory Board - Brian Blaesser, Robinson and Cole, Research on State/Local Blight Ordinances and Eminent Domain
