View Full Report – 2022 Annual Report – Building a More Resilient and Dynamic Future
Author: Trey Jackson
GAO Recommends Government Assessment of Federal Backstop for Catastrophic Cyberattacks
The US Government Accountability Office (GAO) recommended in a June 21 report that the federal government should assess the need for a potential insurance backstop for cyberattacks on critical infrastructure. (GAO summary “Cyber Insurance: Action Needed to Assess Potential Federal Response to Catastrophic Attacks”)
Growing Cyber Threats
- With the growing proliferation of cyberattacks, the challenge of mitigating and managing this expanding risk poses an increasing challenge to the U.S. economy and real estate.
- Insurers and the government’s terrorism risk insurance program originally established under the Terrorism Risk Insurance Act (TRIA) may not be able to cover the expanding range of such losses. For example, TRIA may only cover cyberattacks if they can be considered “terrorism” under its defined program criteria.
- TRIA was reauthorized in 2019 and extended for seven years through 2027. The legislation included a request for a study on evolving cyber terrorism risks. (Coalition to Insure Against Terrorism)
- The Roundtable has raised concerns about the need for policyholders to have access to effective insurance products to help manage the risks of catastrophic cyberattacks—particularly in the context of TRIA-backed coverage for cyber terrorism attacks. (See May 16, 2022 joint comment letter on “2022 Report on the Effectiveness of the Terrorism Risk Insurance Program”)
- This month’s GAO report acknowledges that although some cyber incident costs are covered in part by the private cyber insurance market, growing cyber threats have created uncertainty in this evolving market.
- The report also notes that cyber incidents can spill over from the initial target to economically linked firms, thereby magnifying damage and threats to the overall economy. “Cyber insurance and the Terrorism Risk Insurance Program (TRIP)—the government backstop for losses from terrorism—are both limited in their ability to cover potentially catastrophic losses from systemic cyberattacks,” the report adds. (See report summary)
Federal Insurance Backstop
- Federal agencies “have not assessed the extent to which risks to critical infrastructure from catastrophic cyber incidents and potential financial exposures warrant a federal insurance response,” the report states.
- GAO states a government study that addresses a federal insurance response should include clear criteria for coverage, specific cybersecurity requirements, and a dedicated funding mechanism with concessions from all market participants.
- The report concludes that the Department of the Treasury’s Federal Insurance Office (FIO) and the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) should jointly assess the cyberattack risks that warrant a federal insurance response, and inform Congress of the results of their assessment.
The Roundtable’s Homeland Security Task Force discussed the issue of cybersecurity and a potential federal backstop during its June 17 meeting, held in conjunction with The Roundtable’s 2022 Annual Meeting. (Roundtable Weekly, June 17)
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More than 10,000 Stakeholders—Including Members of Congress—Weigh in on SEC Proposed Climate Rule
Congressional lawmakers recently submitted comments to the U.S. Securities and Exchange Commission (SEC) regarding its proposed rule that would require all registered companies to disclose material financial risks related to climate change. Overall, the SEC has received about 10,000 responses on the climate reporting proposal. (AP, June 17, Wall Street Journal, June 21 and SEC docket with list of organizations and individual comments)
The Real Estate Roundtable submitted its comments to the SEC on June 10. (Roundtable Weekly, June 10)
Views from Congress, State AGs
- More than 130 House Republicans wrote to SEC Chair Gary Gensler on June 15, asking him to rescind the climate disclosure proposal. “It is Congress’ job to set our environmental policy, not the job of unelected regulators,” according to the House letter. They have also called for a hearing on the SEC’s proposal. (E&E News, May 10)
- A nearly equal number of House Democrats countered in their own letter, urging the SEC “to finalize the rule as quickly as possible.”
- Over in the Senate, Republicans expressed their opposition in an April 5 letter.
- Meanwhile, various Democratic Senators submitted several separate comments on June 17. One of their letters maintains that the proposal does not go far enough and should include a specific quantitative threshold for mandatory disclosures of Scope 3 emissions.
- State Attorneys General have similarly expressed dueling opinions. (Democratic State AGs and Republican State AGs)
CRE Response
- The Real Estate Roundtable’s June 10 comments were a focus of the June 17 meeting of The Roundtable’s Sustainability Policy Advisory Committee, chaired by Tony Malkin (Chairman, President and CEO of Empire State Realty Trust). (Roundtable Weekly, June 17)
- Eleven national real estate industry trade groups, including The Roundtable, submitted a joint letter about the proposal on June 13.
- Several of The Roundtable’s partner organizations also submitted individual responses. See letters from American Hotel & Lodging Association; Commercial Real Estate Finance Council; Mortgage Bankers Association; National Association of REALTORS; Nareit; National Multifamily Housing Council and National Apartment Association; and The Real Estate Board of New York.
- The SEC received diverse perspectives across the spectrum of investor, environmental, business, and utility sector stakeholders, including letters from American Petroleum Institute, BlackRock, Business Roundtable, Ceres, Earthjustice, Edison Electric Institute, U.S. Chamber of Commerce, and World Resources Institute.
- If the rule is finalized, compliance would phase-in over the next several years. All SEC registrants would be required to quantify their greenhouse gas (GHG) emissions and assess the economic impact of rising sea levels related to their assets through annual 10-Ks and additional filings. (SEC News Release | Proposed Rule | Fact Sheet, March 22)
The Biden administration is expected to push forward with a final rule that could be issued later this year.
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Rising Inflation Threatens Biden Infrastructure Plan as White House Aims to Combat Price Pressures
As rising inflation diminishes the spending power of the trillion-dollar bipartisan infrastructure law enacted seven months ago, the Biden administration continues to work on a potential reconciliation deal with congressional Democrats that could combat price pressures and revive parts of the president’s agenda. (BGov, June 23 and Politico, June 17)
Rising Construction Costs & Labor Shortages
- The costs of gas, food and other consumer staples surged to a four-decade high last month, registering an 8.6% increase from 12 months earlier. (US Bureau of Labor Statistics, June 14)
- Rising inflation is also increasing construction costs, which dilutes the buying power of states to implement federal aid on large infrastructure projects. States are receiving project bids up to 30% above their original expectations from contractors citing supply problems, spiking material costs, and labor shortages. (BGov, June 23 and Politico, June 17)
- An analysis by the Associated Builders and Contractors of recent labor data shows construction prices jumped 21% from a year ago, while nonresidential construction prices registered a 21.9% increase. Iron and steel prices were up 103% from 2020, while concrete increased 17% from two years ago. (Associated Builders and Contractors and Bureau of Labor Statistics, June 14)
- The Biden administration is seeking to support industries that may experience increased demand from new infrastructure investment—and assist workers acutely affected by the pandemic. The White House recently announced a “Talent Pipeline Challenge” initiative that aims to connect employers to organizations that offer job training through unions, industry associations, and community colleges for construction and jobs. (White House fact sheet and Bloomberg Law, June 17)
- White House infrastructure czar Mitch Landrieu told Bloomberg this week, “As long as there is a financial crunch on supply stuff and on inflation stuff, it’s going to affect everything that we’re doing in the $1.2 trillion at some point in time. Over the long haul, we think that will ease itself.” (BGov, June 23)
- Similarly, Transportation Secretary Pete Buttigieg said, “The tightness we’re experiencing today is not what you would see across the five-year life of this funding, let alone the longer life of the construction projects themselves.” (Politico, June 17)
Legislative Goal
- White House National Economic Council Director Brian Deese addressed administration efforts to combat inflation on June 19 with CBS News’ Face the Nation. He said, “The single most impactful thing that we could do right now is to work with Congress to pass legislation that would lower the costs of things that families are facing right now” such as prescription drugs and utility costs. (CBS transcript of Deese interview, June 19)
- The legislation Deese referenced is a scaled-back reconciliation package that may include provisions on climate, deficit reduction, and prescription drug costs—and reportedly is the focus of talks involving Senate Majority Leader Chuck Schumer (D-NY) and Sen. Joe Manchin (D-WV). (Roundtable Weekly, June 17)
- The big four Congressional leaders (Schumer, McConnell, Pelosi and McConnell) met on Tuesday and appear increasingly close to reaching agreement on a separate $50 billion bill to finance increased R&D spending, semiconductor production, and measures to address economic competitiveness with China. (Reuters, June 21)
- Inflation also dominated the concerns of policymakers this week during testimony by Fed Chair Jerome Powell before the Senate Banking Committee and House Financial Services Committee. (C-Span, June 22 and June 23)
Powell stated, “Inflation has obviously surprised to the upside over the past year, and further surprises could be in store. We therefore will need to be nimble in responding to incoming data and the evolving outlook. And we will strive to avoid adding uncertainty in what is already an extraordinarily challenging and uncertain time.” (Federal Reserve written testimony)
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Congress Passes Bipartisan Gun Compromise
This week, Congress passed the first major federal gun safety legislation in three decades and sent the bipartisan compromise to President Biden for his expected signature. The Senate passed the Bipartisan Safer Communities Act last night with a filibuster-proof 65-33 vote, which included the support of 15 Republicans and all Democrats. The House passed the measure 324-193 today. (Axios, and POLITICO, June 24)
Measures in the Bill
- Senators Chris Murphy (D-CT), John Cornyn (R-TX), Kyrsten Sinema (D-AZ), and Thom Tillis (R-NC) reportedly took the lead in negotiating the compromise. (POLITICO June 23 | Section-by-Section bill summary | 80-page legislative text)
- Murphy’s website and the Associated Press outlined the legislation’s measures, which would:
- Enhance background checks for gun buyers under 21 years old.
- Close the “boyfriend loophole” to prevent any individual subject to a domestic violence restraining order from owning a gun.
- Provide incentives for states to create “red flag” laws intended to keep weapons away from individuals who are deemed to be a danger to themselves or others.
- Create criminal penalties for straw purchases and gun trafficking.
- Provide approximately $13 billion for school safety, mental health, and crisis intervention programs. (POLITICO, June 24)
Roundtable Response
- Roundtable President and CEO Jeffrey DeBoer issued a statement last month in the wake of the recent tragedies in Uvalde, TX and Buffalo, NY, calling for Congress to “set politics aside” and pass legislation to “remove weapons of war from America’s cities and communities.” (Roundtable Weekly, May 27).
- After Congress passed the Bipartisan Safer Communities Act today, DeBoer stated, “This new law is an important step forward. It is not as strong as many would like, but it does break years of legislative stalemate and should help reduce gun violence and enhance gun safety.”
“We commend Congress for this bipartisan action, and we urge policymakers to continue to focus on common sense ways to reduce crime, address mental illness, and increase safety for all Americans,” DeBoer added.
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Inflation, National Policy Agenda, and CRE Market Conditions Focus of Roundtable Annual Meeting
The Roundtable’s 2022 Annual Meeting in Washington, DC this week focused on key policy issues affecting the commercial real estate industry—including inflation and interest rates; prospects for a scaled-back Build Back Better (BBB) Act; proposed climate risk disclosure rules; and a new industry Equity, Diversity, and Inclusion initiative.
Policy Focus
- Roundtable President and CEO Jeffrey D. DeBoer, left, launched the June 16 business meeting with an overview of The Roundtable’s Policy Agenda and newly released 2022 Annual Report, Building a More Resilient and Dynamic Future. Annual Meeting guests included:
- Sen. Joe Manchin (D-WV)
Sen. Manchin, above right, discussed the benefits of a bipartisan approach to legislation and the role of inflation in considering any additional spending bills this year. - Sen. John Thune (R-SD)
Sen. Thune spoke about supply chain issues, aid for Ukraine, the Fed and monetary policy, and the upcoming elections. - Rep. Abigail Spanberger (D-VA)
Rep. Spanberger addressed efforts to produce common-sense gun policy, lower inflationary costs for families and policymaking in the House during the upcoming lame duck session. - Jim VandeHeiAxios and Politico co-founder and CEO discussed the current political environment, potential challengers to President Biden, the upcoming congressional elections, and the advantages of delivering news and analysis about today’s policy landscape in an efficient, “smart brevity” style.
- Jonathan KarlABC New’s Chief Washington Correspondent spoke about the current political environment and the midterm elections.
- Sen. Joe Manchin (D-WV)
Supplier Diversity & CRE
- The Annual Meeting also included an initiative of The Roundtable’s Equity, Diversity, and Inclusion (ED&I) Committee, chaired by Jeff T. Blau (Chief Executive Officer and a partner of Related Companies).
- A proposed two-year pilot program was discussed with SupplierGATEWAY—a firm that assists companies interested in hiring Minority- and Women-Business Enterprises (MWBEs) as contractors, service providers, JV partners, and other “vendors” in their “supply chains.” (Photo: SupplierGATEWAY’s Rock Irvin, left, Chief Commercial Officer, with Adenuga Solaru, Chief Executive Officer)
- The proposed online SupplierGATEWAY portal would support CRE firms interested in accessing a broad and centralized MWBE vendor database, posting hiring opportunities for those contractors, and utilizing tools to assist with corporate ESG reports.
- SupplierGATEWAY’s executives demonstrated a CRE-specific “prototype” of their MWBE management portal that could be available by the fall for companies who may subscribe to the service.
- For more information regarding The Roundtable’s supplier diversity initiative, contact Roundtable Senior Vice President and Counsel, Duane Desiderio (ddesiderio@rer.org).
CRE Markets & Policy Advisory Committees
- The Roundtable’s Policy Advisory Committee leadership discussed their policy issue activities during the business meeting and referred to a Policy Issues Toolkit for background information on how key issues impact commercial real estate (see Executive Summary). Each committee met in conjunction with the Annual Meeting to address the following:
- The Sustainability Policy Advisory Committee (SPAC) focused on a recent Securities and Exchange Commission (SEC) proposed rule that would require registered companies to report on climate-related financial risks. The Roundtable submitted a comment letter to the SEC last week on the proposed rules. (Roundtable Weekly, June 10 and Roundtable comments | SPAC Agenda).
- The Research and Real Estate Capital Policy Advisory Committees (RECPAC) met jointly with Rep. Rep. French Hill (R-AR) to discuss the congressional legislative agenda and capital markets from his perspective as a member of the House Financial Services Committee and Ranking Member of its Subcommittee on Housing, Community Development and Insurance. (Joint RECPAC-Research Agenda)
- The Tax Policy Advisory Committee (TPAC) drilled down on a Senate proposal to tax unrealized gains associated with appreciated assets, partnership tax rules, like-kind exchanges, Opportunity Zone incentives, and energy-efficiency tax provisions. (TPAC Agenda)
- The Homeland Security Task Force (HSTF) and Risk Management Working Group (RMWG) met jointly to discuss current threat issues, with presentations by Kevin Vorndran, Deputy Assistant Director, Counterterrorism Division, FBI and Nitin Natarajan, Deputy Director of the Cybersecurity and Infrastructure Security Agency (CISA). (Joint HSTF-RMWG Agenda)
- The Sustainability Policy Advisory Committee (SPAC) focused on a recent Securities and Exchange Commission (SEC) proposed rule that would require registered companies to report on climate-related financial risks. The Roundtable submitted a comment letter to the SEC last week on the proposed rules. (Roundtable Weekly, June 10 and Roundtable comments | SPAC Agenda).
Next on The Roundtable’s calendar is the Sept. 20-21 Fall Meeting (Roundtable-level members only).
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Reconciliation Legislation Talks Grind On
PoliticoPro reported today that Senate Majority Leader Chuck Schumer (D-NY), above, and Sen. Joe Manchin (D-WV) are grinding through talks about a scaled-back reconciliation package that may include provisions on climate, deficit reduction, and prescription drug costs.
Discussions & Deadlines
- The Senators met twice this week to discuss the contours of a potential trimmed-down alternative to the defunct Build Back Better Act before Sept. 30, when current budget protections for a party-line spending bill expire. (PoliticoPro, June 17)
- The Senate is scheduled to go on a two-week recess after July 24, then return for four weeks before the August recess.
- PoliticoPro also reported that Schumer is working with the Senate parliamentarian to pave the way for a possible July or August vote on such a bill. Under reconciliation rules, a legislative package would require majority approval in the evenly divided Senate, as Vice President Kamala Harris could potentially cast a tie-breaking vote.
- Schumer and House Speaker Nancy Pelosi (D-CA) met with President Biden on Wednesday to discuss “their plans for fighting the global problem of inflation that is affecting every major economy, such as bringing down prescription drug and energy costs…” according to a White House read-out.
- Pelosi commented after the meeting on negotiations about a reconciliation bill. “It’s alive. I’ll just say that.” (The Hill, June 16)
House Dems Push for Senate Progress
- On Thursday, 175 Democrats wrote to President Biden asking him to “reach a deal and sign into law as swiftly as possible a revised reconciliation package that includes the climate investments” previously passed by the House.” (E&E News, June 17)
- The House Democrats warned “the window to achieve a deal is rapidly closing, and so time is of the essence.” (CQ, June 16)
- In May, discussions between Schumer and Manchin were reportedly addressing a pared-down package involving $800 million to $1 trillion in revenue from a new minimum tax on large company profits and increased IRS enforcement. Half of these revenues would go to deficit reduction. (Wall Street Journal, May 28 and Axios, May 27)
The most significant portion of the moribund BBB Act’s proposed spending was focused on climate policies. The Roundtable on Nov. 16, 2021 sent a letter to congressional tax writers detailing five recommendations on green energy tax provisions affecting real estate that were part of the BBB Act. (Roundtable Weekly, Nov. 19, 2021)
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Senate Republicans Propose Middle-Class Tax Relief, Financed by SALT Cap Extension
Congressional Republicans this week proposed legislative measures—aimed at helping middle-class savers and spurring investment without further increasing inflation—as a precursor of GOP economic policies that may be promoted during the fall’s midterm elections. Senate and House announcements on inflation followed last week’s Labor Department report showing the consumer price index reached 8.6 percent in May. In response, the Federal Reserve raised interest rates by 75 basis points, its largest hike since 1994. (Wall Street Journal and Tax Notes, June 14 | CNBC, June 15)
Senate GOP Proposal
- This week, Sens. Chuck Grassley (R-IA), John Barrasso (R-WY), Steve Daines (R-MT), and James Lankford (R-OK) introduced the Middle-Class Savings and Investment Act. The legislation aims to help the middle class through tax cuts and savings incentives, paid for by extending the current $10,000 cap on the deduction for state and local taxes. (Sen. Grassley news release, June 14)
- The Republican-introduced bill would:
- Expand the Zero Rate Bracket for Capital Gains and Dividend IncomeThe legislation would increase the size of the zero percent tax bracket for long-term capital gains and qualified dividends. Under the proposal, a married couple with income under $178,000 would not owe tax on capital gains and dividend income.
- Provide Relief from the Net Investment Tax for a Married CoupleThe legislation would exempt the first $400,000 earned by a married couple from the 3.8 percent net investment income tax that otherwise applies to capital gains, dividends, and passive rental income. Currently, the first $200,000 earned by an individual and $250,000 earned by a married couple is exempt from the tax.
- Create and Expand Tax Relief for Interest Income and Retirement SavingsThe legislation would allow individuals to exclude up to $300 ($600 if married) of interest income from taxation. Additionally, the bill would expand the tax credit that encourages low-income taxpayers to contribute to a qualified retirement account. (Backgrounder on the Senate legislation)
- The bill would be paid for by extending the current $10,000 cap on the deductibility of state and local taxes for three years, or however long is needed. The deduction is scheduled to expire at the end of 2025.
House Republican Outline
- On June 14, House Ways and Means Committee Republicans released a one-page document outlining a six-point plan to combat inflation. The GOP calls for repurposing $170 billion in unspent pandemic federal aid for deficit reduction while pursuing permanent tax relief. The list of principles also urges policymakers to reject the Biden administration’s proposed overhaul of the tax code affecting corporations and wealthy individuals. (BGov, June 15)
- The proposals to fight inflation by congressional Republicans seek to provide a contrast to the approach by Democrats, which includes cutting prescription drug costs and increasing taxes on oil company profits. (PoliticoPro, June 14)
The Roundtable’s Tax Policy Advisory Committee (TPAC) met today in conjunction with The Roundtable’s 2022 Annual Meeting to discuss policy issues affecting the taxation of commercial real estate. (See story above).
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DHS Warns of Increased Extremist Threats Through November Midterm Elections
The Department of Homeland Security (DHS) issued a National Terrorism Advisory System Bulletin this week, warning of a “heightened threat environment” affecting targets that encompass U.S. critical infrastructure, public gatherings, faith-based institutions, schools, racial, ethnic, and religious minorities, government facilities and personnel, the media, and perceived ideological opponents. (DHS Bulletin, June 7)
CRE & Security Threats
- The bulletin, which expires Nov. 30, said calls for violence by domestic extremists directed at democratic institutions, candidates and election workers will likely increase through the fall. (Associated Press, June 7)
- DHS’s Cybersecurity and Infrastructure Security Agency (CISA) continues to work with government and private sector partners—including owners and operators of critical infrastructure, soft target facilities, and public gathering places—to provide information resources on Active Shooters, Bombing Prevention, and Soft Targets-Crowded Places.
- DHS partners include The Roundtable’s Homeland Security Task Force (HSTF) and The Real Estate Information Sharing and Analysis Center. RE-ISAC is a public-private information sharing partnership between the U.S. commercial facilities sector and federal homeland security officials organized and managed by The Real Estate Roundtable.
- HSTF and The Roundtable’s Risk Management Working Group (RMWG) will hold a joint meeting on June 17 in conjunction with The Roundtable’s Annual Meeting in Washington, DC. Guests will include:
- National Football League security Chief Cathy Lanier, above, the new chair of the Commercial Facilities Sector Coordinating Council. (Video: “Cathy Lanier explains her role as the NFL’s Chief Security Officer”)
- Former NYPD commissioner Dermot F. Shea, president of Related Commercial Property Management
- A representative from the FBI’s Counterterrorism Division
- Nitin Natarajan, Deputy Director for the Cybersecurity and Infrastructure Security Agency (CISA)
Gun Violence
- Three real estate CEOs who have served on The Roundtable’s Board of Directors joined 225 other national business leaders in a joint letter to the Senate yesterday, urging “bold urgent action” to address gun violence. (CBS News, June 10)
- Roundtable members Owen Thomas (CEO & Director, Boston Properties/BXP), Scott Rechler, (Chairman and CEO, RXR) and William Rudin (Co-Chairman & CEO, Rudin Management Company) are signatories on the joint letter.
- The letter states, “Taken together, the gun violence epidemic represents a public health crisis that continues to devastate communities—especially Black and Brown communities—and harm our national economy.” (CNBC, June 10)
- Roundtable President and CEO Jeffrey DeBoer issued a May 27 statement on gun violence in America, calling on Democrats and Republicans “… to pass common sense legislation to remove weapons of war from America’s cities and communities.”
The Roundtable’s 2022 Roundtable Policy Agenda states, “As a critical part of the nation’s infrastructure, real estate continues to face an array of threats from natural catastrophes, international and domestic terrorism, criminal activity, cyber-attacks, and border security. To address such threats, The Roundtable continues to help build a more secure and resilient industry against both physical and cyber threats.”
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Roundtable Submits Comments to SEC on Climate Risk Disclosure Proposal
The Real Estate Roundtable submitted comments today to the U.S. Securities and Exchange Commission (SEC) on a proposed rule that would require all registered companies to disclose material financial risks related to climate change. The comments were developed with The Roundtable’s Sustainability Policy Advisory Committee (SPAC), chaired by Tony Malkin (Chairman, President and CEO of Empire State Realty Trust). (GlobeSt, March 22)
Extensive Climate Risk Disclosures
- The SEC’s proposal, “Enhancement and Standardization of Climate-Related Disclosures for Investors,” is a key component of the Biden Administration’s efforts to cut U.S. greenhouse gas emissions. (CBS-AP | Bloomberg | Axios, March 21)
- If the rule is finalized, compliance would phase-in over the next several years. All SEC registrants would be required to quantify their greenhouse gas (GHG) emissions, assess the economic impact of rising sea levels related to their assets, and report in SEC filings (for the benefit of investors) on these and other climate-related risks through annual 10-Ks and additional filings. (SEC News Release | Proposed Rule | Fact Sheet, March 22)
- The SEC’s extensive draft rule has raised significant concerns throughout the U.S. business community. (ClimateWire, June 2). The proposal includes new disclosure requirements for “Scope 3” GHG emissions, which are generated outside a business’ direct control by partners, suppliers, and consumers that make up the “value chain” of that business. (EPA Scope 3 Inventory Guidance and Fourkites).
Roundtable Response
- The Roundtable’s comment letter is summarized as follows:
- Registered Companies Should Not be Required to Report on Emissions From Sources They Do Not Own or Control.
When applied to the CRE context, this means that a building owner should not be under a mandate to report on emissions attributable to the operations of tenants in leased spaces. For example, emissions from metered electricity in a tenant-leased space should not be the CRE owner’s responsibility to report to the SEC. - Create a “Safe Harbor” for Emissions Calculated with U.S. Government Data and Tools.
Reporting companies should be protected by a “safe harbor” that insulates emissions disclosures from liability—in both SEC enforcement as well as private litigation—when calculations are based on the best, available, and most recent data and tools released by the federal government. - There Should be No Scope 3 Reporting “Mandate.”
Scope 3 disclosures typically depend on GHG data possessed by suppliers and other businesses in a reporting company’s value chain. Registrants should not be under any Scope 3 disclosure mandate because they frequently cannot get the basic data to quantify those “indirect” estimates. - Wait Until a Registrant has a Full Year of “Actual” Data Before Requiring Emissions Disclosures.
The proposal as written effectively requires two separate emissions disclosures each fiscal year. The SEC should only require emissions filings once a year—after a company has all of the “actual” data it needs to support and verify its calculations. - Financial Risks from Severe Weather Events Should be Subject to “Principles-Based” Reporting—As Opposed to One-Size-Fits-All “Prescriptive” Rules.
Risks from floods, droughts, and similar events should be subject to narrative, “principles-based” reporting. The SEC should drop its proposed “prescriptive” rule that registrants should precisely quantify impacts from climate-related events if they have a one-percent or greater impact on any line item in a financial statement.
- Registered Companies Should Not be Required to Report on Emissions From Sources They Do Not Own or Control.
Policymaker Concerns
- The Biden administration is expected to push forward with a final rule that could be issued later this year.
- Senator Joe Manchin (D-WV), chairman of the Senate Committee on Energy and Natural Resources, sent a letter to the SEC on April 4 outlining his concerns with the proposal.
- Senate Republicans also expressed their opposition to the SEC proposal in an April 5 letter.
- House Republicans have called for a hearing on the SEC’s proposal—signaling heightened oversight should they win the majority in this November’s mid-term elections. (E&E News, May 10)
The Roundtable’s comments to the SEC will be a focus of the SPAC meeting on June 17, held in conjunction with The Roundtable’s Annual Meeting.
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