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If You Don't Hate the Cap and Trade Bill, Let Me Show You Section 304. (You won't believe it!!)
The American Issues Project ^ | July 8, 2009 | Jimmie Bise and Melissa Clouthier

Posted on 07/21/2009 5:39:26 PM PDT by 2ndDivisionVet

I bet you thought that if you bought a house, you actually own it and can, with reasonable exceptions, do with it what you want. You probably think that if you want to live in a log cabin, with wood stoves that belch smoke into the air for heat, and an old washer and dryer that don't have those little EnergyStar stickers on them you can because it's your life and your property. You paid for it with money you earned with the sweat of your brow and what the heck is America anyhow if a body can't live in the home they want furnished with the appliances they want?

Ah, silly you. You didn't reckon on the Democratic Party's desire to control every miniscule aspect of your life.

Let me introduce you to a little section of the Waxman-Markey cap-and-trade bill called the "Building Energy Performance Labeling Program". It's section 304 of the bill and it says, basically, that your house belongs to the state. See, the Federal Government really wants a country full of energy-efficient homes, so much so that the bill mandates that new homes be 30 percent more energy efficient than the current building code on the very day the law is signed. That efficiency goes up to 50 percent by 2014 and only goes higher from there, all the way to 2030. That, by the way, is not merely a target but a requirement of the law. New homes must reach those efficiency targets no matter what.

But what does that have to do with current homeowners like you? Well, I'm glad you asked. You're certainly not off the hook, no way, no how. Here's what the Democrats have planned for you. The program requires that states label their buildings so that we can all know how efficient every building (that includes residential and non-residential buildings) is and it requires that the information be made public. To that end, the bill suggests a number of circumstances under which the states could inspect a building, including:

(A) preparation, and public disclosure of the label through filing with tax and title records at the time of--

(i) a building audit conducted with support from Federal or State funds;

(ii) a building energy-efficiency retrofit conducted in response to such an audit;

(iii) a final inspection of major renovations or additions made to a building in accordance with a building permit issued by a local government entity;

(iv) a sale that is recorded for title and tax purposes consistent with paragraph (8);

(v) a new lien recorded on the property for more than a set percentage of the assessed value of the property, if that lien reflects public financial assistance for energy-related improvements to that building; or

(vi) a change in ownership or operation of the building for purposes of utility billing; or

(B) other appropriate means.

Pay close attention to (iii), (iv), and (vi) because those hit you right where you live. What that's saying is the state will be empowered to inspect your home if you want to 1) renovate your house in any way that requires a building permit, 2) sell your house, or 3) change the name of the person responsible for any utility bill.

By now, if you haven't swallowed your tongue and are in need of medical attention, you're probably wondering if there's a penalty for not being in compliance with the new efficiency ratings. The answer is no, and yes. Here's where the bill gets really sneaky. So far as I can tell, there is no direct penalty if your house does not meet the bill's target. However, it does require that the number of buildings inspected by the state meet certain percentage targets and if they do not, the state loses out on a significant portion of the money it could get from Washington. In other words, the bill demands certain things from the states, but ties funding for those demands to compliance with the demands.

Did I say the bill gets sneaky? I was wrong. The bill strong-arms the states like a couple mob heavies leaning on a witness in a Rico trial. In turn, the states are going to put the screws to you, so it gets the billions of dollars Washington is dangling in front of them. So while the Federal government won't directly punish you, it will provide the states with lots and lots of rectangular, green reasons to do so.

And it gets worse. The Federal government has graciously offered to help homeowners with the retrofits the states will force them to do through a program called the Retrofit for Energy and Environmental Purposes (REEP). REEP sets aside a pool of money in each state for property owners who have to turn their polar bear-killing buildings into lean, mean, green machines. But, and I'm sure you've guessed this already, there's a catch. Before I get to that, here's the magic formula (and don't read ahead and spoil the surprise!):

(i) AWARDS- For residential buildings-- (I) support for a free or low-cost detailed building energy audit that prescribes, as part of a energy-reducing measures sufficient to achieve at least a 20 percent reduction in energy use, by providing an incentive equal to the documented cost of such audit, but not more than $200, in addition to any earned by achieving a 20 percent or greater efficiency improvement; (II) a total of $1,000 for a combination of measures, prescribed in an audit conducted under subclause (I), designed to reduce energy consumption by more than 10 percent, and $2,000 for a combination of measures prescribed in such an audit, designed to reduce energy consumption by more than 20 percent; (III) $3,000 for demonstrated savings of 20 percent, pursuant to a performance-based building retrofit program; and (IV) $1,000 for each additional 5 percentage points of energy savings achieved beyond savings for which funding is provided under subclause (II) or (III). If you want to hit that 50 percent savings mark that all new homes have to hit, then you can get as much as $12,200, including inspection, as you scoop all those awards. That's a pretty good chunk of change that should cover most, if not all of the costs of a retrofit on any moderately-sized older house, right? Easy, peasy, lemon squeezy.

Except for that catch and boy is it a doozy.

(ii) MAXIMUM PERCENTAGE- Awards under clause (i) shall not exceed 50 percent of retrofit costs for each building. For buildings with multiple residential units, awards under clause (i) shall not be greater than 50 percent of the total cost of retrofitting the building, prorated among individual residential units on the basis of relative costs of the retrofit. Did you get that? You'll be on the hook for half of the cost of the retrofit, no matter what. To get the full effect of that part of the bill, I suggest you visit this web page and click the big yellow button right after you finish reading it.

I think Mark Steyn sums it up rather nicely:

I confess I'm finding it harder and harder to see why you fellows bothered holding a revolution. Under this bill, it will be illegal for me to sell my property to a willing buyer without first bringing it into line with some twerp bureaucrat's arbitrary and ever shifting "environmental" regulations originally designed for California, and which have helped turn the Golden State into the foldin' state, but which are nevertheless now to be applied from Maine to Alaska. And no matter what you spend a couple of years down the road the standards will be "revised" and you'll be out of compliance all over again.

And the very worst thing about all this is that it is only one little bit of what the Democrats in Washington want to do to you. Are you getting a little bit upset yet? If not, here are 49 more things they want to do to you in the name of climate change. I'm sure you can find something in there that might give you a reason to contact your Senator today.

UPDATE: I forgot to mention that I found the nifty linkable form of the bill thanks to this post by Pat who runs the quite good blog And So It Goes in Shreveport. As some of you know, it's very bad mojo not to link to a blogger who provides nifty and/or useful information. Thank you also to those of you who are sending this link around on Twitter. You make a blogger's heart grow three sizes too large this morning!

If this is your first visit to AIP, feel free to leave a comment to say hello (or groan audibly about Henry Waxman's folly of a bill). While you're here, why not take a couple extra minutes to read some of the other good blog posts. The Morning Conservative Reading List is a great place to start (and a reason to visit every day!). From there you can read about Czar Mania, some strange economic polling, and a David Axelrod fact-check beatdown, just for starters.

UPDATE 2: Melissa Clouthier, AIP columnist and blogger extraordinaire, asks an interesting question:

Consider this for a moment. Right now, at this writing, there is a glut of new home supply. Will those homes have to be retrofitted to meet the government's 30% more fuel efficient standards? And how does one magically do this? Already, homes are being built with air-tight windows, special insulation, more efficient air conditioners, etc. What would make it more energy efficient?

I'll give you a hint: think appliances. Trust me, Section 304 is but a miniscule fraction of the mandates the Democrats want to foist upon you.

Editor's Note: I want to reiterate my thanks to all those who linked, Tweeted, read and commented on this post the other day. He appeared on a Connecticut talk radio show Friday, July 10, 2009, discussing some of the same clarifications from his follow-up to this post, so if you're interested, I encourage you to have a listen. (Clicking that link will open a small window and automatically play the 6-8 minute segment.) If this is your first time at American Issues Project, welcome! We publish exclusive op-edsblog posts daily, so I hope you'll be back. You can submit your own blog posts for our community blog (cross-posting is welcome!) by registering for the site, which you can do automatically with your Facebook or Twitter account if you already have accounts with either of those two sites. You can sign up for email updates about our grassroots efforts in the right-hand sidebar of this page. For on-the-go action alerts, text ENOUGH to 97180. (We promise we won't bug you too much!) If you have any questions about American Issues Project, please post a comment below or contact us via Twitter (@AmericanIssues).


TOPICS: Crime/Corruption; Culture/Society; Front Page News; Government; Politics/Elections; US: California
KEYWORDS: bho44; bhofascism; capandtax; capandtrade; congress; democratcongress; democrats; fascism; lping; obama; socialism; waxmanmarkey
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Well? Are we going to let them get away with all this?!
1 posted on 07/21/2009 5:39:26 PM PDT by 2ndDivisionVet
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To: Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; Allerious; ...



Libertarian ping! Click here to get added or here to be removed or post a message here!
(View past Libertarian pings here)
2 posted on 07/21/2009 5:45:38 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: 2ndDivisionVet

Contact your senators now.

https://writerep.house.gov/writerep/welcome.shtml


3 posted on 07/21/2009 5:46:07 PM PDT by keats5 (Not all of us are hypnotized.)
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To: 2ndDivisionVet
"the bill mandates that new homes be 30 percent more energy efficient than the current building code

Astonishing.

The reason these bills NEED TO BE PUBLISHED well before they are voted on, is that there are 535 utterly gullible morons in our Congress who will vote for anything if told to by a person with enough Hollywood charisma and Press Corps Worship.

4 posted on 07/21/2009 5:47:15 PM PDT by cookcounty (http://www.stumpedagain.wordpress.com)
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To: 2ndDivisionVet

Oops, wrong link. Here’s the link to contact you senators.

http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=OH


5 posted on 07/21/2009 5:49:13 PM PDT by keats5 (Not all of us are hypnotized.)
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To: 2ndDivisionVet
probably.

The Federal government has graciously offered to help homeowners with the retrofits the states will force them to do through a program called the Retrofit for Energy and Environmental Purposes (REEP). REEP sets aside a pool of money in each state for property owners who have to turn their polar bear-killing buildings into lean, mean, green machines. But, and I'm sure you've guessed this already, there's a catch. Before I get to that, here's the magic formula (and don't read ahead and spoil the surprise!):

Lets call it REEPur

6 posted on 07/21/2009 5:51:35 PM PDT by GeronL (UnitedCitizen.Blogspot.Com --------- United Citizens Nation! ------------- Join Today!)
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To: 2ndDivisionVet; ExTexasRedhead

Geez, they want to raise our electrcity rates to 20,000 a year and now this. These people belong in jail; not Congress.


7 posted on 07/21/2009 5:53:01 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: 2ndDivisionVet

These people are demonstrably insane.


8 posted on 07/21/2009 5:53:17 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: 2ndDivisionVet
the bill mandates that new homes be 30 percent more energy efficient than the current building code on the very day the law is signed. That efficiency goes up to 50 percent by 2014 and only goes higher from there, all the way to 2030.

What did Waxman-Markey do, pull those numbers outta Henry's nostrils?


9 posted on 07/21/2009 5:54:12 PM PDT by LibFreeOrDie (Obama promised a gold mine, but he will give us the shaft.)
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To: 2ndDivisionVet; xcamel

The 2nd most important article posted on FR today. Thank you. Will it make any difference? Only if a few tired old typing hands get busy sending emails, calling Congress, calling friends and family, contributing to the groups who ARE fighting this.....

(p.s. the first most important article on FR today is:

http://www.freerepublic.com/focus/f-news/2297439/posts Shock Inside the Heatlhcare bill.

Xcamel we need your ping list....


10 posted on 07/21/2009 5:54:36 PM PDT by Freedom'sWorthIt
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To: LibFreeOrDie

I’ve seen better looking noses on Michael Jackson.


11 posted on 07/21/2009 5:55:17 PM PDT by Richard Kimball (We're all criminals. They just haven't figured out what some of us have done yet.)
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To: LibFreeOrDie

The most nauseatingly ugly man in Congress.


12 posted on 07/21/2009 5:56:35 PM PDT by Freedom'sWorthIt
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To: 2ndDivisionVet

These dirty traitors who wrote the bills can go back to their districts feeling good about themselves, thinking that they got some face time on CNN and did a great thing.

After I am done buying necessities now in informed anticipation of hyperinflation. I am INVESTING in Tar and Feathers ... I bet that I can trade them for quite a bit of goods when the American people have had enough of this nonsense and are ready to hold those accountable to task.


13 posted on 07/21/2009 6:09:10 PM PDT by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: Munz

I’m thinking .22 LR will be the new currency, sooner rather than later. Need to go find a nice used Marlin Model 60 like I had as a kid.


14 posted on 07/21/2009 6:17:12 PM PDT by 2ndDivisionVet (I am Jim Thompson!!)
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To: 2ndDivisionVet

15 posted on 07/21/2009 6:20:25 PM PDT by Lorianne
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To: 2ndDivisionVet

Invest in something larger, like 5.56 or 7.62.


16 posted on 07/21/2009 6:23:11 PM PDT by GnL
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To: 2ndDivisionVet

No they aren’t getting away with any of this. People will refuse, there will be a CW II. Stock up.


17 posted on 07/21/2009 6:26:45 PM PDT by mojitojoe (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: GeronL

“Lets call it REEPur”

That’s pretty grim, if you ask me!


18 posted on 07/21/2009 6:28:20 PM PDT by dcwusmc (We need to make government so small that it can be drowned in a bathtub.)
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To: cookcounty
30 percent more efficient, more and more people are becoming sick through tighter and tighter houses not bringing in fresh air and people are getting sick off the chemicals in the carpets and fabrics and building materials from this.
19 posted on 07/21/2009 6:28:43 PM PDT by guitarplayer1953
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To: dcwusmc

I’d have to bone up on that topic


20 posted on 07/21/2009 6:30:25 PM PDT by GeronL (UnitedCitizen.Blogspot.Com --------- United Citizens Nation! ------------- Join Today!)
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To: 2ndDivisionVet

.22 LR?
I respectfully disagree .. I have 4 theories ...

30-06 .. to make a long distance relationship count
7.62 x.39 when your just not sure how much company to expect
.12 for the personal touch ....
and then there is always .. i mean always .45 ... because they don’t make a .46!

They don’t want us to go there .... which is why they are trying so desperately to take these items away.

“The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.” Thomas Jefferson

However, It is a last resort IMO, I believe the tar and feathers will suit these chickens well ....


21 posted on 07/21/2009 6:34:52 PM PDT by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: cookcounty

I actually DID understand that federally mandated building codes would be established uner this bill. I called all of my congresscritters offices on just that point. The idiot voted for it anyway. I watched the vote that Friday and called all his offices again. I was raging! Had a stiff drink trying not to throw something at the TV. I just hope that the Senate will throw this thing back.


22 posted on 07/21/2009 6:36:26 PM PDT by SueRae
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To: 2ndDivisionVet

Hillary Clinton announced that U.S. companies are going to be building nuclear powerplants in India. Meanwhile, we get windmills and huge energy bills. Does anyone really think the Federal government represents our interests?


23 posted on 07/21/2009 6:40:21 PM PDT by popdonnelly (Yes, we disagree - no, we won't shut up - no, we won't quit.)
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To: LibFreeOrDie

Nostrilferatu.


24 posted on 07/21/2009 6:41:19 PM PDT by popdonnelly (Yes, we disagree - no, we won't shut up - no, we won't quit.)
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To: Munz

All those are great, but .22 LR is the most popular hunting round in the world, believe it or not, and can still suffice for self-defense. Plus they’re cheap, small, easily portable, and give you lots of firepower per ounce, don’t you agree? I see 100 rounds of .22 LR becoming the new $20 bill.


25 posted on 07/21/2009 6:44:01 PM PDT by 2ndDivisionVet (I am Jim Thompson!!)
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To: 2ndDivisionVet

bump


26 posted on 07/21/2009 6:49:44 PM PDT by gibsosa
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To: 2ndDivisionVet
What would make it more energy efficient? I'll give you a hint: think appliances.


27 posted on 07/21/2009 6:51:42 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: 2ndDivisionVet
It's section 304 of the bill and it says, basically, that your house belongs to the state.

Your house already belongs to the state along with the rest of your property.

Don't send them the rent check this year. See what happens.
28 posted on 07/21/2009 6:53:11 PM PDT by mysterio
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To: 2ndDivisionVet
They can go to hell with their greenie crap.

I own an historic home which I saved with my own two hands and I am NOT changing the architecture or the systems because of the dictates of some two-bit bureaucrat who never stood a day on three floors of scaffolding while scrapping 120 years of paint off the side of a building.

Go to hell.

29 posted on 07/21/2009 6:57:17 PM PDT by GVnana (Sarah for America)
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To: mysterio

That’s what “Real Estate” means, i.e., Real=Royal (State-owned) and Estate=Property. It doesn’t mean “real” like “it exists” as some think.


30 posted on 07/21/2009 7:00:25 PM PDT by 2ndDivisionVet (I am Jim Thompson!!)
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To: GVnana

What will happen to people who use wood or coal to heat? Is that out the door?

Lots of poor in my area heat with wood because it’s cheap. Wonder what the official policy will be on that.


31 posted on 07/21/2009 7:08:02 PM PDT by FLAMING DEATH (I am NOT better off than I was four years ago!)
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To: LibFreeOrDie

Good gawd, don’t let him inhale with innocent ‘passer-bys’. It would be catastrophic!


32 posted on 07/21/2009 7:13:11 PM PDT by RushIsMyTeddyBear (Obama. Clear and Pres__ent Danger.)
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To: GVnana

I’m with ya’! Own one of those, too.


33 posted on 07/21/2009 7:14:11 PM PDT by RushIsMyTeddyBear (Obama. Clear and Pres__ent Danger.)
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To: guitarplayer1953

You are right about that. Also don’t forget all the trapped radon gas.


34 posted on 07/21/2009 7:15:35 PM PDT by 4yearlurker (The ground at Arlington is moving & shaking.)
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To: cookcounty
I live in PA, we got Casey and Specter, so ain't no use writing.
35 posted on 07/21/2009 7:16:25 PM PDT by Ciexyz (Color me red, white and blue - I attended a tea party on July 4th.)
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To: Lurker

Its called being drunk with power. I am completely astounded at the speed in which they are working.

I see what is happening here and my heart is broken.


36 posted on 07/21/2009 7:23:27 PM PDT by waxer1 ( "The Bible is the rock on which our republic rests." -Andrew Jackson)
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To: GVnana

Let ‘em come out here and try that nonsense. I’ll tomahawk their asses and stake ‘em out for the bears and coyotes. At least that way, at the very end of their miserable lives, they will have performed a useful function.


37 posted on 07/21/2009 7:27:24 PM PDT by Noumenon (Work that AQT - turn ammunition into skill. No politician can maintain a 300 yard perimeter forever.)
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To: GeronL

Just don’t lose your head over it...


38 posted on 07/21/2009 7:31:26 PM PDT by dcwusmc (We need to make government so small that it can be drowned in a bathtub.)
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To: LibFreeOrDie

Ouch. That’s more nasty than the Helen Thomas pic that hits so many threads here. Ouch.

I will now go bleach my eyeballs.


39 posted on 07/21/2009 7:32:28 PM PDT by FreedomPoster (No Representation without Taxation!)
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To: 2ndDivisionVet

BTTT


40 posted on 07/21/2009 7:33:53 PM PDT by Go Gordon
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To: Munz

You got my vote for sure. I believe in 1, 3 and 4, but I do also have a large-ish stock of .22 LR for whatever value (and it may be considerable) that it has!


41 posted on 07/21/2009 7:35:24 PM PDT by dcwusmc (We need to make government so small that it can be drowned in a bathtub.)
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To: 4yearlurker
I knew a couple who bought a new house and she began to get sick turned out it was all the fire retardants in the carpets and drapes and such. They ended up selling the home buying an older home with all natural carpets and natural drapes her illness cleared right up.
42 posted on 07/21/2009 7:39:46 PM PDT by guitarplayer1953
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To: 2ndDivisionVet
Under this bill, it will be illegal for me to sell my property to a willing buyer without first bringing it into line with some twerp bureaucrat's arbitrary and ever shifting "environmental" regulations

For those of you not familar with running a business in Chicago, there are a whole mess of permits to get and you only get the permits if you pay under the table to grease the wheels. It does not matter if you are in compliance, you have to pay.

This is Obama's Chicago style politics coming to you.

Fans of the show "married with Children" was set in chicago and there was a funny show about Al Bundy having to build a dog house to code. The "housing inspector" eventually required indoor plumbing with a flush commode along with a wheel chair ramp for the dog house. This is what is coming.

43 posted on 07/21/2009 7:39:57 PM PDT by staytrue
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To: 2ndDivisionVet
A "Fourth, Fifth and Tenth Amendment's," bump.

And to think, we might have a Sotomayor deciding these cases. She seems to be measuring the robes already.

Heck, who knows? Might be a "Second Amendment," bump, the way things are going...

5.56mm

44 posted on 07/21/2009 7:41:46 PM PDT by M Kehoe
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To: bamahead
What would make it more energy efficient? I'll give you a hint: think appliances.

As in, we don't get to have them anymore ?

Or just those pussy-assed weenie ones like they have in England and France. Ever watch house hunters France ? That's what they have in mind for us.

Those refrigerators wouldn't hold a good sized turkey, let alone a Thanksgiving dinner...

45 posted on 07/21/2009 7:42:24 PM PDT by Red Boots
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To: dcwusmc

ok... head still attached and working properly


46 posted on 07/21/2009 7:57:00 PM PDT by GeronL (UnitedCitizen.Blogspot.Com --------- United Citizens Nation! ------------- Join Today!)
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To: 2ndDivisionVet
Ouch!

The serfs get what they asked for. (At least about 55 million did.)

47 posted on 07/21/2009 8:03:21 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: 2ndDivisionVet; AT7Saluki; Liz; writer33
Let me introduce you to a little section of the Waxman-Markey cap-and-trade bill called the "Building Energy Performance Labeling Program".

Right off the bat, WHY does this sound unamerican? Because it is?

48 posted on 07/21/2009 8:15:05 PM PDT by Libloather (Tea Totaler, PROUD Birther)
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To: GVnana

***I own an historic home which I saved with my own two hands and I am NOT changing the architecture or the systems because of the dictates of some two-bit bureaucrat who never stood a day on three floors of scaffolding while scrapping 120 years of paint off the side of a building.****

You did use proper procedures to cut down on the lead dust in that old paint didn’t you! If not I’M TELLIN!;-D


49 posted on 07/21/2009 8:24:12 PM PDT by Ruy Dias de Bivar (La commedia e' finita!. Now it's serious!)
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To: Red Boots
Or just those pussy-assed weenie ones like they have in England and France. Ever watch house hunters France ? That's what they have in mind for us.

Those refrigerators wouldn't hold a good sized turkey, let alone a Thanksgiving dinner...

Ha, good point. I could see how in the future people might install these pointless things in their homes just for compliance purposes, but continue to move their old fridge, washer and dryer, AC heat pump, range, dishwasher, microwave and furnace even from house to house with them in perpetuity! It'll be the equivalent of Cubans all driving their classic '50s cars.

I'm gonna encourage my children to go into antique appliance repair when they grow up...

50 posted on 07/21/2009 8:57:57 PM PDT by To Hell With Poverty (The War on Poverty is over. Poverty won. - Howie Carr)
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