November 10, 2017  
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 Inside the Legislative & Regulatory Report
  Building Industry No Longer in Support of Tax Plan  
  NAHB has officially switched their stance to opposition of the House Republican tax reform legislation. The sudden shift came after the House leadership unexpectedly informed NAHB CEO Jerry Howard that a meaningful homeownership tax incentive that would include both mortgage interest and property taxes be stripped from the bill. The benefit of this approach is up to 37 million additional homeowners, who do not currently itemize, could benefit from a homeownership tax incentive, and current itemizing homeowners would continue to see a meaningful tax benefit.

NAHB claims the revised legislation slams the middle class by "capping mortgage interest at $500,000 for new home purchases meaning that home buyers in expensive markets will effectively lose this housing tax benefit moving forward."

The bottom line: Congress is ignoring the needs of America's working-class families and small businesses. And by undermining the nation's longstanding commitment to housing, the tax reform plan will put millions of home owners at risk. [view infographic]

TAKE ACTION: Ask your representative to recommend the NAHB-supported Homeownership Tax Credit provision is added into H.R. 1, the Tax Cuts and Jobs Act. Take action at: http://www.capitolconnect.com/builderlink/register.aspx.
 

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  Governor Holcomb Unveils 2018 Next Level Agenda  
  Governor Eric Holcomb has laid out five pillars of his Next Level Agenda, of which place a heavy emphasis on workforce development.

"With nearly 29,000 new jobs announced this year and one million expected over the next decade, we must act now to ensure Hoosiers have the skills they need to secure good jobs and succeed in our growing economy," Gov. Holcomb said. "In 2018, I will remain sharply focused on building our workforce and other key issues that affect Hoosiers most-jobs, economic growth, health, infrastructure, and government service. I look forward to working closely with state lawmakers and other stakeholders in the year ahead to advance this plan."

The five pillars of his agenda are:
1. Cultivate a strong and diverse economy. To continue cultivating a strong and diverse economy, Gov. Holcomb's 2018 agenda focuses on attracting new talent, supporting our growing tech sector, preparing for next generation technologies and opportunities, and encouraging sustainable regional development. 
2. Maintain and build the state's infrastructure. After advancing an historic long-term road funding plan in 2017, Gov. Holcomb's 2018 agenda focuses on better managing the state's water resources, expanding our global economic presence with a fourth port, and improving broadband access, speed and affordability where it's needed most.  
3. Develop a 21st Century skilled and ready workforce. The 2018 action items outlined in Gov. Holcomb's education and workforce plan were created with three guiding principles in mind: Provide every Hoosier child an effective baseline education infused with skills and attributes that prepare them for life after high school. Ensure students graduate from high school set on a pathway that prepares them for college, career training or a quality job. Connect working-age adults to education and training that leads them directly to employment aligned with industry needs. To accomplish these goals, the state will build the framework for the new system through the Governor's Education to Career Pathway Cabinet, enabling plans, resources and operations to be locally determined and managed.  
4. Attack the Drug Epidemic. Gov. Holcomb's agenda continues Indiana's attack on the opioid epidemic by strengthening enforcement, expanding recovery options and making it easier for Hoosiers to locate and access treatment. Additionally, the 2018 Next Level Agenda calls for improved reporting and monitoring as well as a stronger focus on programs that help reduce infant mortality rates in our state.  
5. Deliver Great Government Service. Great government service remains the cornerstone of Gov. Holcomb's Next Level Agenda. With that in mind, Indiana will continue its history of strong financial management and maintain healthy reserves in 2018. The agenda also calls for a new parental leave policy for state employees, streamlined and simplified processes for citizens to interact with state government, and better outcomes from large-scale IT projects to improve state government service. 

You can visit www.in.gov/gov for more details on Gov. Holcomb's agenda.  
 

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  Tax Reform Attacks Affordable Housing  
  The tax reform plan introduced last week in Congress includes cuts that will have a devastating impact on developers' ability to construct affordable housing, according to analysis from Novogradac & Company.

While the bill does not address changes to the Low-Income Housing Tax Credit (LIHTC), it does away with private activity bonds. "That would translate to a reduction of as much as two-thirds of the current production of affordable rental housing provided by the LIHTC program
In addition, the House Republicans' tax reform plan cuts the top corporate tax rate from 35% to 20% - reducing the tax loss benefits of LIHTC investments.

Together with other small but significant changes, the tax reform proposal would reduce the number of LIHTC-financed homes by as many as 983,000 or more over 10 years. Furthermore, given the lower financial feasibility under a lowered corporate rate, the changes would also result in rental homes that would likely serve higher average income levels, provide fewer amenities and/or social services.

Take Action: Ask that your representative restore tax exempt private activity bonds back into H.R. 1, the Tax Cuts and Jobs Act. Take action at: http://www.capitolconnect.com/builderlink/register.aspx.
 

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  State Building Commission Denies Local Ordinance Requiring CO Alarms  
  The Indiana Fire Prevention and Building Safety Commission (Commission) has denied a local ordinance to require the installation of carbon monoxide (CO) alarms in Class 2 structures in the Town of Chesterton. This action differs from that taken by the Commission in May when they approved the first local ordinance in the state requiring the installation of CO alarms in new homes in the City of LaPorte. IBA opposed the ordinances since they diminish the value of Indiana's statewide building codes and create a patchwork system where the building code requirements are different in every municipality across the state. A uniform policy is needed on this issue as there are several other municipalities considering ordinances, all of which must be approved by the Commission to be enforceable. Please keep an eye on your town, city, and county council agendas for CO alarm ordinances, and contact IBA for talking points to share with your local elected officials on this issue.  

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  Residential Code Review Committee Update  
  The state's IRC Review Committee, tasked with preparing a draft proposed rule to update the Indiana Residential Code, will meet on November 15 to discuss proposed code changes for Chapters 9-11 of the 2015 International Residential Code. The meeting notice is posted at: http://www.in.gov/dhs/files/Notice%2011-15-17%20Meeting.pdf. Once available, the proposed code changes will be posted here
 

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  Organization Day Scheduled for November 21  
  Organization Day (or Org Day) is scheduled to take place on Tuesday, November 21 at 1:00 p.m.  Organization Day is the official, yet largely ceremonial, start of the 2018 legislative session.  Many legislators will begin drafting legislation following Org Day, but most will hold off on filing any bills until a later date - typically late December and early January see the most bill filings.  Although official bill lists will not become available until session gets underway in January, IBA staff will be monitoring all legislative developments between now and the start of the 2018 session in order to have a voice in those issues that affect the home building industry.  

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  Changes in the House Ahead of Org Day  
  Shane Lindauer was selected by a caucus of local Republican precinct committee members to represent District 63 following the resignation of incumbent Mike Braun (R-Jasper) to run for U.S. Senate. The 63rd District covers Dubois, Daviess, and Pike County. Lindauer is a chiropractor, businessman and former Dubois County Councilman. Lindauer will serve the remainder of Braun's term.


A caucus of local Republican precinct committee members has selected Steve Bartels to fill the vacancy in the Indiana House left by former State Representative Lloyd Arnold (R-74). Bartels, who has previously served on the Crawford County Council, will serve the remainder of Arnold's term. Arnold resigned last month after being named director of law enforcement with the Indiana Department of Natural Resources.
 

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  Land Use Issues: Annexation in Carmel  
  Courts have gone back and forth on the annexation of a small community in Clay Township known as Home Place centered at 106th street and College Avenue. Issues began in 2004 when Carmel filed an original annexation to include the community in the city's boundaries. Property owners objected to the annexation and were supported by the Hamilton County Superior Judge in 2005. However, in 2007, the Indiana Court of Appeals reversed that decision. In June of 2016, Judge Matthew Kincaid ruled that Home Place residents did not sufficiently provide all the elements necessary to prevent the annexation.  The residents needed to prove that they received certain services, such as police and fire protection and street maintenance, without the help of the municipality trying to annex the land. As it stands, Clay Township currently provides fire protection service. Because the residents did not prove all of the elements necessary, the judge ruled in favor of the city of Carmel and the annexation stands.  

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  Discussion on Short-Term Rental Bans Takes New Turn  
  The General Assembly's Interim Study Committee on Commerce and Economic Development is still discussing how to proceed with potential legislation that would pre-empt local municipalities from placing regulations on short-term housing rentals. Monday, Committee Chairman Mark Messmer (R-Jasper) stated his support for legislation that would keep localities from placing "any undue restrictions on the use of a person's primary residence as a short-term rental." However, Messmer states that his intention would be to grandfather in any existing municipality with limitations on short-term rentals like Lake Michigan beach towns, but to prohibit any new regulations on localities with no ordinances currently in place. 
 

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  Early Bird Deals for IBS End Today - November 10  
  Do you know why attending the 2018 NAHB International Builders' Show is vital to your business success in 2018? You can explore new products, see construction demos, meet key business partners and learn new trends at our industry's biggest event. Rates start at $50 for NAHB members through Nov. 10. Here are the top 10 reasons to attend IBS. View the fees and deadlines here.

The Indiana Builders Association would like to welcome all Indiana attendees at the conference with our Networking Night on January 9 from 4:30 to 6:00 p.m. at the Brick House Tavern and Tap. Sponsorship packages are available and a great way to showcase your business at one of the biggest events of the year. For more information and to RSVP, contact Reagan Van Cleave at Reagan@buildindiana.org
 

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  Indianapolis Makes Most Affordable Housing List  
  The ability to provide housing to middle-class and lower-income households is an important factor in attracting residents to our state. According to the NAHB/Wells Fargo Housing Opportunity Index, Indianapolis has made the short list on the most affordable housing markets in the nation. Rounding out the top five affordable major housing markets were Syracuse, N.Y.; Scranton-Wilkes Barre-Hazleton, Pa.; Indianapolis-Carmel-Anderson, Ind.; and Wilmington, Del.-Md.-N.J., which tied for the fifth spot with Cincinnati, Ohio-Ky.-Ind.  

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  Controlling Silica Exposure Using Table 1  
  When working with materials containing silica, if you follow the requirements specified by the Occupational Safety and Health Administration's (OSHA) Table 1 fully and completely, you will not be required to do air monitoring and will be assumed to be below the permissible exposure limit.

Table 1 matches common construction tasks with dust control methods. That way, contractors know exactly what they need to do to limit worker exposures to silica.

These resources have been pulled from multiple manufacturers and OSHA to help you comply with the silica rule that went into effect Sept. 23 and is now being enforced by OSHA.
 

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