Mr. President, I rise to introduce a critical bill for our economic recovery. As communities across the country continue to recover from the economic downturn and devastating falling property values,…
Mr. President, I rise to introduce a critical bill for our economic recovery. As communities across the country continue to recover from the economic downturn and devastating falling property values, commercial real estate properties throughout the nation are confronting a severe equity crisis. Just as the crash in the residential real estate market triggered the most severe economic recession in generations, the looming crisis in the commercial real estate market, if left unchecked, could prove to be devastating for our fragile economic recovery.
Studies have shown that more than $1 trillion of commercial real estate loans will be maturing in just the next few years. In fact, by 2018 more than $2.4 trillion dollars of loans held by insurance companies, thrifts, banks, and in commercial mortgage-backed securities will mature. Just as we saw with home mortgages, if these borrowers can't secure other funding options when these payments come due, commercial properties across the country will go into foreclosure, leaving communities with even more vacant storefronts, less jobs, lower tax revenues, and a deeper economic hole to dig themselves out of.
Simply put, the commercial real estate industry has an equity problem too large for domestic investment alone to solve.
Unfortunately, certain tax rules--most of which were drafted 30 years ago, before the current crisis could be foreseen--impose significant penalties on foreign investments in domestic real estate that do not exist on other types of U.S. investments such as corporate stocks and bonds. As a result, overseas investors are discouraged from investing in U.S. real estate at a time when their capital is sorely needed.
These rules, created by the Foreign Investment in Real Property Tax Act, or FIRPTA as it is come to be known, freeze out foreign investment in our real estate markets by imposing an arbitrary withholding tax on the gains realized by overseas capital invested in domestic properties.
Not only is this different treatment questionable as a policy, it is damaging to the economy. At no point have these rules been more damaging to the economy than today. They continue to keep capital out of the U.S. at a time when commercial real estate in all of our communities desperately needs the equity investment.
If these rules are not reformed, it is a real possibility that hundreds of billions of dollars in debt would go into default, triggering massive foreclosures, significant decreases in property values and a severe constriction of capital available for U.S. consumers and businesses--absolutely the last thing this economy needs right now.
That is why today, Senator Enzi and I are introducing bipartisan, bicameral legislation that would implement efficient and meaningful reform of these tax rules to encourage more equity investment in U.S. real estate.
These reforms would help save communities all across America from the drag of a wave of commercial real estate foreclosures, help to restart the credit markets, and free up capital to create jobs and economic opportunities for families in every region of the country.
These provisions are modest but effective.
We are not tackling the bigger question of whether or not the existing FIRPTA rules are effective in a 21st century economy. This legislation simply creates targeted opportunities for investment in American real estate while preserving the underlying foreign ownership limits imposed by these tax rules.
We may not agree on a whole lot these days, but today we offer a bipartisan, bicameral solution to help the U.S. economy. I hope all of my colleagues can take the time to look at this bill, understand the positive effects it will have for every State, and we can get this done for the American people.
Mr. President, I rise to announce the introduction of the Livable Communities Act of 2011.
The Livable Communities Act presents an opportunity to save taxpayer dollars, reduce household expenditures, improve partnerships, and help local communities create places of lasting value, where businesses want to invest and families want to live.
It will strengthen rural, suburban, and urban communities by supporting local planning efforts to establish a vision for a desired future and chart a realistic course for getting there. The bill promotes local leadership by encouraging communities to partner strategically to develop solutions that are innovative and reflect their unique character, assets, and needs. It also directs public agencies to use taxpayer dollars more efficiently by coordinating investments in infrastructure, facilities, and services to meet multiple economic, environmental, and community objectives.
This bill is the next important step in transforming the Federal Government into a better partner in community efforts to achieve locally-defined goals, support families when they need it most, and keep the U.S. competitive in the global economy.
Dealing with change can be a real challenge--in our professional and personal lives, with our families, and in our communities. But change is an opportunity to move forward, if only we are open to recognizing it. We can accept and manage change or we can be steam-rolled by it.
I have heard horror stories from across the country about veterans hospitals being built in places that are not accessible by public transportation. I have heard of homebuyers who ``drive to qualify'' for mortgage financing only to rack up transportation costs that break their budgets when gas prices go up. Many of these families are paying 50 percent of their household income on housing and transportation costs alone. It may seem cheaper and easier in the short term to build on a corn field outside of town than it is to re-use land located close to existing transportation, power, and water infrastructure, but it often does not make sense in the long run.
This is why I welcomed the opportunity to work with Chairman Dodd on the Livable Communities Act in 2009 and why I am honored to be the leading sponsor of the updated legislation today. It is the most comprehensive piece of planning legislation that has been proposed in decades. If passed, it will have a transformative impact on the way the federal government supports locally-driven planning processes.
Unfortunately, when many on the other side of the aisle hear the word ``livable,'' they cringe. They think of top-down mandates from the Federal Government. What they fail to understand is that the beauty of what is ``livable'' is defined by the communities themselves to reflect the unique character, assets, and needs of that community.
The fact is the private sector wants to be located in communities that have dependable transportation systems to get their goods to market and their workers to their jobs. Businesses want to attract and retain workers and ensure that their enterprise will be viable in the long run. Private enterprise has spearheaded some of the most notable past and current planning efforts and the Federal Government should be a supportive, versatile partner in this work.
I invited bipartisan cooperation on the bill numerous times and although some offices quietly praise the good work going on in their communities, political pressure prevents them from doing so publicly. We remain optimistic that supporting community efforts to proactively plan for the future and save money by coordinating capital investment strategies are values we all support, regardless of the terminology we use to describe them.
The Livable Communities Act of 2011 is a streamlined approach that would keep the good work at the U.S. Department of Housing and Urban Development going. Its intent is to find better ways to coordinate interconnected but often silo-ed programs and policies that impact housing, transportation, and the environment and affect the way we live our daily lives.
The bill would formally authorize the existing HUD Office of Sustainable Housing and Communities, to work with the Department of Transportation and Environmental Protection Agency, to provide technical assistance and capacity support to communities working on integrated planning for housing, transportation, water and sewer infrastructure needs. These tools help communities develop projects that support job creation, leverage significant private sector investment, and bolster long-term economic resilience by creating places where businesses want to invest. Increased coordination at the regional and Federal level will cut red tape and save communities money as they plan for their future needs. The bill also directs the Office of Sustainable Housing and Communities to provide best practices and technical assistance to ensure that communities of all sizes learn from each other's success.
The Livable Communities Act of 2011 also directs HUD to coordinate with DOT and EPA to identify and eliminate Federal barriers to sustainable development. The Office of Sustainable Housing and Communities will coordinate Federal sustainable development policies and research agendas to facilitate Federal collaboration by streamlining and reconciling program requirements and policies. It will also administer grant programs to support local planning for long-term housing and infrastructure needs. This will enable communities to foster economic development in an efficient and inclusive way. Selection criteria and eligible activities would be flexible to allow all sizes and types of communities to plan for a more sustainable future, including job creation; revitalizing existing small town Main Streets; reducing traffic congestion and pollution; protecting farmland, working landscapes, and green space; addressing vacant, abandoned, and foreclosed properties; and building more affordable and healthy housing.
The bill would also spur private investment in transit-oriented development, TOD, by helping communities overcome initial financing hurdles that so often lock up private investment and prevent desired transit-oriented, mixed-use development. Locally directed TOD provides numerous economic benefits, including increased property values and business activity as well as congestion reduction. TOD also promotes economic competitiveness by efficiently connecting our work force to educational and employment opportunities. This creates avenues for business growth in communities across the country and keeps America competitive in the global economy.
I know how important planning is to our communities. My home State of New Jersey is the most densely populated in the country, so we know the value of good community planning. Over the years we have learned some important lessons about how vital it is to make sure that our development projects are functional, serviceable, and livable at the human scale, places where people feel safe, where they want to spend time, relax as well as work--places where they can live, shop, and be connected to their surroundings. If this economic crisis is teaching us anything, it is to live within our means,
think creatively about opportunities to leverage resources, and to invest now for future prosperity.
Good planning means saving $122 billion on water, sewer, and roads over the next 25 years. It means protecting housing values by putting housing near transit. As President Obama remarked over two years ago, our days of building mindless sprawl are over. We simply cannot afford it. Now is the time to reinvest in our communities and infrastructure. The HUD-DOT-EPA Partnership for Sustainable Communities is doing this in a very active way. There are many members of Congress who support this important work, but we need to convince more of them that we are right, and that--for the good of their communities--they should be on our side.
The fact is, we all have a role to play. The environment is substantially different today than it was ten years ago--twenty years ago when I was trying to get people on board with the idea reactivating an existing right of way to serve as the Hudson Bergen Light Rail when I was Mayor of Union City.
Today, communities are catching on. Innovation is happening. The Federal Government can be an important partner in helping communities achieve their goals. I can tell you that in Jersey City, ``livable'' means the transforming 111 acres of under-utilized industrial land into a mixed use, walkable community along the Hudson Bergen Light Rail. A quiet revolution is underway and communities like Jersey City are leading by example. It's time for the Federal Government to catch up.
It is our job--together--all of us--to provide the information, tools, and encouragement these communities need, that Federal, State, and local agencies and elected officials need--to achieve the aspirations that they set for themselves.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.