Author: Trey Jackson

Small-Business Owners Descend on Capitol Hill to Urge SBA Reauthorization, CRE Leaders Address Market Conditions

Posted on by Trey Jackson
Goldman Sachs 10k Businesses

Over 2,500 small-business owners gathered on Capitol Hill this week to meet with more than 400 lawmakers and federal officials to urge reauthorization of the Small Business Administration (SB) for the first time in over 20 years. Small businesses throughout the nation are facing inflationary pressures, supply chain shortages, labor challenges, limited access to capital and a looming possibility of recession. (The Hill, July 20) 

10,000 Small Businesses 

  • The business owners urged lawmakers to modernize the SBA, enact tax credits and provide incentives to help small businesses retain workers and access capital.
  • Sens. Kyrsten Sinema (D-AZ) and Tim Scott (R-SC) commented on Tuesday during the summit that the SBA should be simplified and supported reauthorization. (The Hill, July 20)
  • Joe Wall, director of Goldman Sachs’s small-business program, said, “Our goal this week is to generate a lot of momentum so that heading into next year it’s a real priority.” (The Hill, July 20)

Owner Challenges

Goldman Sachs 10,000 Businesses survey

  • A recent survey of the program’s participants shows 93 percent of small-business owners are worried about the US economy experiencing a recession in the next 12 months. Nearly all respondents (97 percent) also say inflationary pressures have increased or remained the same compared with three months ago. Additionally, 88 percent of respondents say it is important for Congress to prioritize the Small Business Administration (SBA), which has not happened in 20 years. (Survey news release, July 13) 
  • Alumni of the 10,000 Small Businesses program collectively represent over $17.3 billion in revenues and employ 245,000 people. 

Industry Views

Marty Burger, far right, interviewed on CNBC's Squawk on the Street

Dr. Linneman commented that inflation is transitory with supply lagging demand due to 23% of the workforce collecting unemployment insurance. He also offers his views on national debt concerns, the Fed and interest rates, and return-to-the-office concerns. (Watch “The Best Hour in CRE” with Economist Peter Linneman, July 21)

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The Fed Requests Comments on Proposal to Implement LIBOR Transition

Posted on by Trey Jackson
The Federal Reserve

The Federal Reserve Board on July 19 invited comment on a proposal that implements the Adjustable Interest Rate (LIBOR) Act, which Congress enacted last year. The LIBOR Act provides a safe harbor for market participants who need to switch existing LIBOR-referencing financial contracts to a replacement benchmark for debt instruments before LIBOR reaches its final replacement date on June 30, 2023. (The Fed’s Notice of Proposed Rulemaking, July 19 and Roundtable Weekly, March 11)

LIBOR and CRE
  • LIBOR, formerly known as the London Interbank Offered Rate, is the interest rate benchmark that was the dominant reference rate used in recent decades and remains in extensive use today in outstanding financial contracts — including commercial real estate debt, mortgages, student loans and derivatives — worth an estimated $223 trillion. (Roundtable Weekly, Dec. 10, 2021)
  • The LIBOR Act also provides that all contracts with no adequate fallback provisions for an alternative benchmark substitute will be replaced by the Secured Overnight Financing Rate (SOFR).
  • The Real Estate Roundtable and 17 national trade groups submitted letters last year on April 14 and July 27 to policymakers in support of measures to address “tough legacy” contracts during the transition away from LIBOR. (Roundtable Weekly, Dec. 10, 2021)

What’s Next

LIBOR document with border

  • The Federal Reserve is working to mitigate potential risks and promote a smooth global transition away from LIBOR with both domestic and foreign supervisors. The Fed has emphasized the importance of preparation and transitioning to the market to ensure that supervised institutions can transition away from LIBOR. (The Fed Libor Transition webpage)

The Roundtable welcomes comments from its members on the proposed rulemaking and plans to work with its Real Estate Capital Policy Advisory Committee (RECPAC) on a response. For any questions, please contact The Roundtable’s Senior Vice President Chip Rodgers or call 202-639-8400.

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Senate Finance Committee Focuses on Low-Income Housing Tax Credit and Other Affordable Housing Incentives

Posted on by Trey Jackson

Senate Finance Committee

Numerous congressional committees have recently addressed the nation’s scarcity of affordable housing—including this week’s Senate Finance Committee hearing, “The Role of Tax Incentives in Affordable Housing,” which focused on the Low Income Housing Tax Credit (LIHTC) and other legislative incentives. 

Tax Focus 

  • Senate Finance Chairman Ron Wyden (D-OR), Ranking Member Mike Crapo (R-ID) and several witnesses expressed support during the hearing for the Affordable Housing Credit Improvement Act (S.1136), introduced by committee member Maria Cantwell (D-WA). The bill would expand and strengthen the LIHTC.
  • The bill (detailed summary here) would expand the pool of tax credits that are allocated to states for new affordable housing, make it easier to combine LIHTC with other sources of capital like private activity bonds, and facilitate LIHTC rehab projects. (Tax Notes, July 21)

Dana Wade, Walker & Dunlop

  • Hearing witness Dana Wade—an executive at Walker & Dunlop and a former commissioner of the Federal Housing Administration (above)—noted that 25 percent of all renters spend more than half of their monthly income on rent. Wade also testified extensively about the causes of the housing affordability crisis.
  • “An estimated 40 percent of development costs can be attributed to regulation at the federal, state, and local levels,” testified Wade. “Zoning policies like density limits, requirements for parking, height restrictions, lengthy permitting and approval processes, and other land-use restrictions create a perfect storm that can often stymie new development.”
  • One of the largest multifamily lenders and LIHTC syndicators in the country, Walker & Dunlop is chaired and managed by Roundtable Member Willy Walker.

Jeffrey DeBoer Real Estate Roundtable President and CEO

  • “Overly restrictive land-use and zoning policies, construction cost increases, and labor shortages are deepening our housing challenges, which now extend across the entire country,” said Real Estate Roundtable President and CEO Jeffrey DeBoer (above). “Government at all levels needs to be part of the solution, not part of the problem. The Affordable Housing Credit Improvement Act would be an important step forward.”
  • The future of S. 1136 is uncertain after key centrist Sen. Joe Manchin recently said he would not support any legislative package that included tax increases until more economic data affecting the 40-year high inflation rate becomes available. Chairman Wyden did not promise a timetable for committee action. (Roundtable Weekly, July 15) 

Congressional Hearings 

The Roundtable’s Real Estate Capital Policy Advisory Committee (RECPAC) has formed an Affordable Housing Working Group, which is working with the Research Committee to develop proposals on expanding the nation’s housing infrastructure. 

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Democrats Focus on Pared-Down Reconciliation Bill, Biden Takes Action on Climate

Posted on by Trey Jackson

US Capitol

Democrats scaled down their ambitions for a budget reconciliation bill in the wake of Sen. Joe Manchin’s (D-WV) recent rejection of any climate and tax legislative package. Instead, congressional Democrats this week focused on a limited prescription drug pricing and health care subsidy bill as President Biden announced executive actions to make progress on climate initiatives. (Roundtable Weekly, July 15 and New York Times, July 20)

Senate Democrats Pivot

  • Senate Majority Leader Chuck Schumer (D-NY) said this week that Democrats are moving forward on a smaller party-line package before the Senate summer recess begins on August 5. Policymakers are also mindful that budget reconciliation rules expire on Sept. 30 as the November mid-term elections approach. (AP, July 19 and July 15)
  • Roundtable Tax Policy Advisory Committee Member Russ Sullivan (Brownstein Hyatt Farber Schreck, LLP) profiles the steps and timeline involved to produce a reconciliation bill in his article, “How Likely is it that we see a Reconciliation Law Passed in this Congress?” (JD Supra, July 12)

White House Climate Action

President Biden speech on Climate

  • Biden’s executive actions “to turn the climate crisis into an opportunity” fell short of declaring a federal emergency, which would have unlocked broad federal powers to develop clean energy. (Wall Street Journal and White House fact sheet, July 20)

  • With climate legislation stalled in Congress, and constrained by a recent SCOTUS ruling that restricts the EPA’s ability to regulate greenhouse gases, Biden’s actions to increase offshore wind capacity and help communities cope with extreme heat have been described as “incremental” and “minuscule compared to his ambitious plan” for a net-zero emissions economy by 2050. (Wall Street Journal and POLITICO, July 20)
  • Given the limited federal response, Biden stressed that governors, mayors, state agency heads, and public utility commissioners—as well as developers—need “to stand up and be part of the solution.” (President Biden remarks and video, July 20)

Trends in CRE, the congressional agenda, and the upcoming lame-duck session of Congress after the mid-term elections will be among the topics discussed during The Roundtable’s Fall Meeting on Sept. 20-21 in Washington, DC.

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Roundtable Elects New Board Members, Releases FY 2022 Annual Report

Posted on by Trey Jackson
Partial image of 2022 Real Estate Roundtable Board of Directors

The Real Estate Roundtable recently approved a 25-member Board of Directors and released its FY2022 Annual Report, “Building a More Resilient And Dynamic Future.” 

New Board Members 

  • The Roundtable membership approved, effective July 1, the addition of the following three industry leaders to the Board:

  • Roundtable President and CEO Jeffrey DeBoer commented, “The Roundtable is excited to welcome these business leaders who bring important perspectives from CRE’s hospitality, financial services and development sectors to our Board and Policy Agenda.”

  • “We are also grateful for the three years of successful service that Amy Rose (President and Chief Executive Officer, Rose Associates) devoted to our Board of Directors, and look forward to her continued participation as a Roundtable member. Amy is stepping down after lending her expertise during an especially challenging time that spanned a pandemic-driven economic shock.” DeBoer added.

Annual Report 

Real Estate Roundtable President Jeffrey DeBoer & 2022 Roundtable Annual Report
  • The Roundtable’s 2022 Annual Report addresses the strength and resilience of CRE as the nation seeks greater economic stability, growth, and fairness during an evolving pandemic.

  • Roundtable Chair John F. Fish (Chairman & CEO, Suffolk) and DeBoer, above, state in the introduction: “As the world faces challenges such as inflation and rising interest rates, supply chain and labor shortages, other local public policy challenges, and increased uncertainty caused by the conflict in Ukraine, the importance of a strong and resilient real estate industry has been underscored yet again. While the way these challenges manifest may be new, the threat of such challenges is something the industry has risen to time and time again.”

The Roundtable’s membership represents over 3 million people working in real estate; some 12 billion square feet of office, retail, and industrial space; over 4 million apartments; and more than 5 million hotel rooms. It also includes senior, student, and manufactured housing as well as medical offices, life science campuses, data centers, cell towers, and self-storage properties. The collective value of assets held by Roundtable members exceeds $4 trillion. 

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House Ways and Means Committee Focuses on Affordable Housing

Posted on by Trey Jackson

House Ways and Means Committee

Policymakers discussed the nation’s scarcity of affordable housing, legislation that could boost the housing supply, and institutional ownership in the single—family home market during a July 12 House Ways and Means Committee hearing, which followed a similar House Financial Services Subcommittee hearing last month. (Roundtable Weekly, July 1) 

Housing Market Challenges 

  • Ways and Means Democrats focused on the role of the pandemic in exacerbating the shortage of affordable housing, expressed concerns regarding growing institutional ownership of homes and the practices of corporate landlords, and reiterated support for policies such the low-income housing tax credit (LIHTC).
  • Committee Republicans emphasized how high inflation has shut many buyers out of the market. (Hearing video and testimony, July 13)
  • Committee Chairman Richard Neal (D-MA) stated, “Our families and communities can’t thrive without quality, affordable housing. But too many Americans face skyrocketing housing costs, long waiting lists, new pressure from institutional investors, and unprecedented bidding wars that keep them out of the housing market.” (Neal opening statement)
  • Neal added that an expansion of the Low-Income Housing Tax Credit (H.R. 2573) and passage of the Neighborhood Homes Investment Act (H.R. 2143) would create nearly 1 million additional affordable homes. (Joint Committee on Taxation, Present Law and Background Relating to Tax Incentives for Residential Real Estate, July 13)
  • Committee Ranking Member Kevin Brady (R-TX) blamed Democratic policies for driving the annual inflation rate to 9.1 percent and increasing the average home price by $100,000. (CNBC, July 13) 

Housing Affordability and Institutional Investment 

New York Times - housing supply shortage

  • Christopher Herbert of the Joint Center for Housing Studies at Harvard University, which recently published The State of the Nation’s Housing 2022, noted that although institutional investors have contributed to the demand for single-family homes, supply shortages predating the pandemic are the primary culprit behind rising prices. (Herbert testimony, July 13)
  • Edward Pinto of the American Enterprise Institute testified, “Vilifying institutional landlords distracts from the underlying issues facing the housing market.” He continued, “On the single-family side, they account for too small a share of purchases and of the housing stock nationally. Even in the few metros where their share is higher, it is not enough to move the price needle, especially at the low end of the market.” (Pinto testimony, July 13)
  • Several witnesses addressed legislative proposals that would boost the supply of housing—including H.R. 2143, introduced by Rep. Brian Higgins (D-NY), that would establish a new tax credit for developers rehabilitating vacant properties into affordable homes—and H.R. 2573, introduced by Rep. Suzan DelBene (D-WA), that increase the low-income housing tax credit. (CQ, July 13 | Higgins news release, July 1, 2020 and DelBene news release, April 15, 2021)
  • The New York Times reported this week on how the lack of affordable housing, once a problem largely limited to the coastal markets, now has spread across the country. Freddie Mac estimates the nation needs 3.8 million housing units to keep up with household formation. (Image above, New York Times)
  • Roundtable President and CEO Jeffrey DeBoer recently addressed the issue of housing costs, “Expanding the supply and availability of affordable housing deserves a coordinated local, state, and national policy action plan. Local zoning restrictions, permitting issues, and the oversized influence of NIMBYs—coupled with high and now significantly rising labor and material costs—are the true factors limiting housing supply, and in turn, increasing housing costs.” (Roundtable Weekly, July 1) 

Roundtable Support 

RER 2022 Policy Agenda Cover

  • The Roundtable Policy Agenda, above, states, “More can be done to incentivize builders, developers, and owners to create low- and middle-income affordable housing. Low-income housing tax credits and incentives for land-use permitting and zoning reform should be enhanced.”
  • Additionally, The Roundtable’s Real Estate Capital Policy Advisory Committee (RECPAC) has formed an Affordable Housing Working Group, which is working with the Research Committee to develop proposals on expanding the nation’s housing infrastructure. 

Next week, a Senate Finance Committee hearing will focus on “The Role of Tax Incentives in Affordable Housing.” The July 20 hearing will include testimony from Dana Wade, Chief Production Officer, Real Estate Finance at Walker & Dunlop.  

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Sen. Manchin Narrows Scope of Possible Reconciliation Bill While Waiting for More Inflation Data

Posted on by Trey Jackson

Sen. Joe Manchin (D-WV)

Sen. Joe Manchin (D-WV), a key centrist in Democrats’ ongoing efforts to pass a party-line budget reconciliation bill, said this week he would not move forward on an economic package that contains climate provisions or tax increases, upending weeks of negotiations with Senate Majority Leader Chuck Schumer (D-NY). Manchin, above, added he would support a limited measure this month aimed at reducing pharmaceutical prices and extending federal subsidies for buying health care coverage. (The Washington Post, July 14, Bloomberg, July 15 and Roundtable Weekly, June 17)

Inflation & Timelines

  • Manchin explained his position during a West Virginia MetroNews interview this morning: “I said, Chuck [Schumer], until we see the July inflation figures, until we see the July Federal Reserve rates, interest rates, then let’s wait until that comes out so we know that we were going down the path that won’t be inflammatory to add more to inflation. Inflation is absolutely killing many, many people.” (Full interview and The Hill, July 15)
  • The July Consumer Price Index is scheduled for release Aug. 10, after surging to an annual inflation rate of 9.1% in June. (U.S. Bureau of Labor Statistics, July 13)
  • Democrats are pushing to pass a bill before the Congressional recess begins on Aug. 8. If any agreement is reached, a bill would have to be drafted, scored, and debated, which could take several weeks as the midterm elections loom. The underlying budget reconciliation instructions authorizing a filibuster-proof bill do not expire until September 30. (The Washington Post, July 15)
  • The Roundtable on July 13 commented on the evolving reconciliation talks on its Twitter feed, “As policy negotiations continue, we are working to ensure that any scaled-back bill doesn’t include anti-growth, anti-real estate tax hikes such as repeal of like-kind exchanges; increased capital gain tax rates; or revisions to taxation of pass-through entities.”

The only option for Democrats to pass a reconciliation bill this month may be reduced to a limited version focused on prescription drug pricing and a two-year extension of Affordable Care Act funding to prevent major insurance premium hikes. The prescription drug legislation should raise more than sufficient revenue ($288 billion) to pay for a temporary extension of the health care insurance subsidies. (CNBC, July 15)

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House Lawmakers Focus on Institutional Ownership of Single-Family Homes

Posted on by Trey Jackson

House Committee on Financial Services - image

Rent increases, financial barriers to homeownership, and the growing role of institutional investors in single-family home markets were the focus of two hearings in the House this week. Committee Democrats blamed corporate landlords for exacerbating affordable housing problems as Republicans emphasized high inflation and excessive government spending as the root causes. (Axios, June 29 and GlobeSt, June 30)

Views from the House

  • During the June 28 House Financial Services Subcommittee on Oversight & Investigation hearing, “Where Have All the Houses Gone? Private Equity, Single Family Rentals, and America’s Neighborhoods,” Chair Al Green (D-TX) stated policymakers are examining “… troubling issues regarding the mass predatory purchasing of single-family homes by private equity firms, including the adverse impact predatory purchasing has had on first-time home buyers, the working class, and people of color.” (July 28 House committee hearing memo)
  • Subcommittee Ranking Member Tom Emmer (R-MN) countered that an 8.6% inflation rate is the cause of current affordable housing challenges—and Congress should focus instead on lowering the cost of living for Americans. (Hearing video, June 28)

Sam Chandan testifying

  • A June 29 full committee hearing entitled, “Boom and Bust: Inequality, Homeownership, and the Long-Term Impacts of the Hot Housing Market” included testimony from Sam Chandan (above)—Director of the Center for Real Estate Finance Research and Professor of Finance, NYU Stern School of Business—and a member of The Real Estate Roundtable’s Research Committee. (July 29 House committee hearing memo)
  • Chandan cited Freddie Mac research published this month that shows, “Nationally, the institutional investor share of the market has risen since just prior to the pandemic, but still only accounts for approximately 2.5 percent of home sales. By way of comparison, individual investors and other non-institutional investors account for 24 percent of the market, nearly ten times the institutional share.” (Chandan’s testimony and hearing video, June 29)
  • Chandan also noted that housing equity gaps and the shortfall of affordable housing can only be addressed with a long-term, multifaceted approach that includes reforming local building codes and zoning, improving the supply of construction materials, and investments in public transportation that open new land development opportunities.

Responses

Jeff DeBoer - Real Estate Roundtable President and CEO

  • David Howard, executive director of the National Rental Home Council, submitted a statement for the hearing record that included: “As a multitude of data consistently shows, the answer to the question posed in the title of this week’s hearing, ‘Where Have All the Houses Gone?’ is they were never built. Simply stated, the supply of housing in the United States has not kept pace with demand.”
  • Roundtable President and CEO Jeffrey DeBoer, above, stated, “Expanding the supply and availability of affordable housing deserves a coordinated local, state, and national policy action plan. Local zoning restrictions, permitting issues, and the oversized influence of NIMBYs—coupled with high and now significantly rising labor and material costs—are the true factors limiting housing supply, and in turn, increasing housing costs.”

The Roundtable’s 2022 Annual Report states, “The affordable housing shortage is one of the most important and complex political problems in America, and The Roundtable continues to work with our national real estate organization partners to jointly advocate for policies that will help enhance the supply of safe, affordable housing.” (Housing section, 2022 Annual Report)

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New Research Details Trends in Like-Kind Exchanges and Impact on US Economy

Posted on by Trey Jackson

TPAC during Annual Mtg 2022

New research highlights emerging trends related to real estate like-kind exchanges (LKEs) and their growing importance to the US economy. The report by EY economist and former Treasury Deputy Assistant Secretary for Tax Analysis Robert Carroll was presented to The Real Estate Roundtable’s Tax Policy Advisory Committee (TPAC), above, on June 17. EY partnered with the Real Estate Like-Kind Exchange Coalition, which includes The Roundtable, to produce the updated LKE report with 2021 data. (TPAC slide presentation, June 17)

LKE Data and Trends

EY LKE presentation to TPAC 2022

  • LKEs under section 1031 of the tax code allow businesses to defer capital gains tax on the disposition of real estate if the gain is used to acquire replacement property of like kind within six months.
  • The EY report—“Economic Contribution of the Like-Kind Exchange Rules to the US economy in 2021: An Update”—updates EY’s prior research that used LKE data from 2019.
  • The survey found that the dollar volume of like-kind exchange activity and number of transactions increased by 70% between 2019 and 2021. The increase was identified by a survey of qualified intermediaries as the US economy recovered from the COVID recession.
  • According to the author, the increase in LKE activity “is likely due, in part, to the transition of many qualified real property assets to new or modified uses to meet post-pandemic business models and tenant needs, a trend that may continue, at least to some degree, for the next several years.”

LKE Economic Impact

EY LKE updated data 2021

  • The EY report estimates the impact of like-kind exchange rules on the cost of capital and assesses the likely impact of section 1031 on investment decisions and investment levels. EY’s significant findings include:
    • Job growth and labor income
      Overall, economic activity generated by Section 1031 exchanges in 2021 supported 976,000 jobs and $48.6 billion of labor income.
    • Gross Domestic Product
      Like-kind exchanges generated $97.4 billion in value added in the United States in 2021. “Value added” measures a sector’s or industry’s contribution to the production of final goods and services.
    • Federal, state, and local tax revenue
      Taxpayers engaged in like-kind exchanges—along with suppliers and related consumer spending—were estimated to generate approximately $13.1 billion in federal, state, and local taxes during 2021.
  • The EY research builds on the groundbreaking academic research on LKEs commissioned by The Roundtable and other members of the Real Estate Like-Kind Exchange Coalition at the height of the tax reform debate. This work by Professors David Ling (Univ. Fla.) and Milena Petrova (Syracuse U.) was subsequently published in 2020 in the peer-reviewed Journal of Real Estate Literature here and here.

The Roundtable’s Tax Policy Advisory Committee (TPAC) will continue working to raise awareness of the role that like-kind exchanges play in supporting the health of the US economy and the stability of real estate markets.

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EPA Highlights Federal Resources to Help Standardize State, Local GHG Laws on Buildings

Posted on by Trey Jackson

EPA's Building Performance Policy Brief - image

The U.S. Environmental Protection Agency (EPA) released a policy brief on Tuesday that provides a “formal recommendation” on metrics that states and cities should consider as they may develop GHG-related mandates on commercial and multifamily buildings. 

Trends in Building Performance Standards (“BPS”) 

  • A national BPS law does not exist (and is not on Congress’s horizon) for emissions limits or efficiency requirements on private sector buildings.
  • Nor do U.S. agencies have any current ability to create a general federal building energy code or enact rules that establish GHG mandates on real estate assets, as made evident by yesterday’s SCOTUS decision in West Virginia v. EPA. (SCOTUSblog, June 30)
  • However, a number of states and cities have developed or are considering their own climate-related building regulations according to the National BPS Coalition launched by the Biden Administration.
  • Local BPS laws can require CRE owners to pay for energy efficiency retrofits and building electrification projects—or else pay fines and penalties.
  • The White House Council on Environmental Quality (CEQ) is creating a BPS for buildings owned by the federal government. Development of the “federal BPS” is reportedly delayed because of “data shortfalls.” (Bloomberg Law, June 29)

RER Seeks Voluntary Federal Guidelines   

SPAC at Roundtable Annual Meeting

  • The Real Estate Roundtable has repeatedly expressed to policymakers—including the Federal Energy Regulatory Commission (FERC)—that workable, federal-level, voluntary guidelines are needed to help standardize the “hodge-podge” of divergent local laws that can vary in their regulations on buildings.
  • The Roundtable’s June 10 comment letter to the SEC urged the creation of a “safe harbor” for proposed emissions disclosures that are based on the best available GHG calculation tools, standards and data offered by federal agencies. (Roundtable Weekly, June 10).
  • EPA branch chiefs heard from The Roundtable about the need for federal guidance to help unify local BPS laws at the June 17 meeting of the Sustainability Policy Advisory Committee, above. (Roundtable Weekly, June 17) SPAC is chaired by Tony Malkin (Chairman, President, and CEO, Empire State Realty Trust) and vice-chaired by Ben Myers (VP, Sustainability, BXP). 

EPA’s Recommended BPS Metrics  

EPA's BPS metrics publication

  • SPAC members participated in a number of EPA-sponsored “workshops” that led to the recommended federal BPS metrics.
  • EPA’s recommended metrics are intended to “develop consistent policies that reflect the business realities faced by building owners.” (EPA’s Policy Brief and Recommended Metrics publication, above)
  • Specifically, EPA recommends that any locality considering a BPS should focus on measures within a building owner’s ability to control—such as “on-site” reduction of energy usage or “direct” GHG emissions.
  • EPA also recommends that any energy-usage intensity requirement should not be “one size fits all.” Rather, BPS rules should be “normalized” to reflect variables such as a building’s type, hours of operation, and weather conditions.
  • EPA’s recommendations are preferable to other proposals that could make CRE owners responsible for how “clean” the electric grid should become—an issue beyond owners’ control. (Roundtable Weekly, April 9, 2021). 

A number of localities are contemplating laws to ban natural gas and other fossil fuels within their borders. EPA’s encourages any such jurisdiction to consider long-term, published, and incremental “phase-out” schedules so building owners can “plan for costly and difficult equipment replacements.”  

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