Originally published on September 14, 2021, for NAIOP E-Newsletter.

The House Ways and Means Committee, chaired by Rep. Richie Neal (D-MA), will continue its committee markup this week of provisions to be included in the estimated $3.5 trillion reconciliation legislation to be considered by the House. The committee is conducting the markup remotely, as the full House is not scheduled to return until next week. The Senate returns this week, and Senate Majority Leader Charles Schumer (D-NY) has tasked Senate Democratic committee chairs with having their reconciliation bill language ready by Sept. 15.

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Originally published on August 17, 2021 for NAIOP E-Newsletter.

The Senate last week passed the INVEST in America Act (H.R. 3684), a bipartisan infrastructure package that had been backed by the White House, by a vote of 69-30. The spirit of bipartisanship was short-lived, however, as Senate Democrats moved quickly to pass a $3.5 trillion budget resolution (S. Con. Res. 14) by a vote of 59-49, with all Republicans present voting in opposition. Adoption of a budget resolution is the first step in developing budget reconciliation legislation that could pass the Senate with a simple majority and not be subject to a Senate filibuster that would require 60 votes to overcome. Senate Democrats, who control 50 votes, can pass legislation since Vice President Kamala Harris casts the tie-breaking vote under the U.S. Constitution.

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The City of Charlotte is seeking applications for two community commissions. The application deadline has been extended to August 27, 2021.  Nominations will occur on September 13 and appointments will occur on September 27.  Below is more information on the opportunities. 

Charlotte Equitable Development Commission

The Charlotte Equitable Development Commission was created with the adoption of the Future Charlotte 2040 Comprehensive Plan by City Council resolution on June 21, 2021. The Commission is charged with advising in the assessment of infrastructure throughout the city and recommending strategies that balance equitable investments in areas most in need, including areas with absent and insufficient facilities, areas growing fastest, and areas targeted for growth. The Commission will work with the Office of Strategy and Budget to provide input on the development of the city’s proposed Capital Investment Plan. The Commission will provide regular updates to the Budget and Effectiveness Council Committee and quarterly reports to the entire Council.

The committee will consist of individuals with significant backgrounds in community development and infrastructure assessments. Examples of preferred experience shall include consulting engineers in the project development business; attorneys specializing in development; developers; independent business representatives; construction contractors; bankers or insurance agents engaged in the financial aspect of development; representatives from homebuilder's association; homeowners or neighborhood association representatives.

Originally published on August 3, 2021, for NAIOP E-Newsletter.

The bipartisan group of senators negotiating infrastructure legislation finalized legislative text over the weekend and officially introduced the measure Sunday night. Senate Majority Leader Chuck Schumer (D-NY) has stated he plans to hold a vote on the bill later this week.

Senators Rob Portman (R-OH) and Kyrsten Sinema (D-AZ) officially introduced the 2,702-page Infrastructure Investment and Jobs Act, emphasizing the bipartisan nature of both the process and the legislation. The bill includes $550 billion in new spending and provides more than $1 trillion in total spending on roads, bridges, ports, and broadband. The package also includes spending on Biden administration priorities, including electric vehicle charging stations, climate resilience, and water infrastructure.

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Originally published on July 27, 2021, for NAIOP E-Newsletter.

Republican and Democratic Senators negotiating infrastructure legislation signaled they were close to a final deal, with lead negotiator Rob Portman (R-OH) saying they were “90% of the way there.” The coming days are critical after Senate Majority Leader Chuck Schumer (D-NY) forced a procedural vote last week on moving a bill forward despite there being no legislative language available. The vote failed to garner the 60 votes needed for passage of the procedural motion, with the lead negotiators arguing they hoped to have any remaining issues resolved and legislative text drafted this week.

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Originally published on July 13, 2021, for the NAIOP E-Newsletter.

The Senate returns this week from its July Fourth recess to continue work on an infrastructure package supported by President Joe Biden and a bipartisan group of 22 senators, which the White House hopes will garner the needed 60 votes in the Senate needed for passage. At the same time, House and Senate Democrats are working on a parallel track to develop a budget bill that will include Democratic leadership priorities and that can pass the Senate with only Democratic votes.

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Originally published on July 7, 2021, by Toby Burke for NAIOP's blog.

NAIOP of North Carolina recently hosted the first in-person Day at the State Capitol since the outbreak of the pandemic. It provided NAIOP members from the Charlotte, North Carolina Piedmont Triad, and Raleigh-Durham chapters with the opportunity to advocate for effective policies that advance commercial real estate development within the state. This year’s legislative priorities focused on three areas: economic development, tax reform, and regulatory reform.

Regulatory reform emerged as a dominant issue during NAIOP of North Carolina’s meetings with state legislators. In particular, NAIOP members advocated for strengthening the state’s brownfield program within the North Carolina Department of Environmental Quality. There is growing concern within the commercial real estate community that the administrative delays and inconsistencies with the current program are discouraging the redevelopment of dormant or underutilized contaminated properties.

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Originally published on June 29, 2021 for NAIOP E-Newsletter.

Last week President Joe Biden announced agreement with a bipartisan group of senators, led by Kyrsten Sinema (D-AZ) and Rob Portman (R-OH), on a bipartisan infrastructure plan. The infrastructure deal would total $1.2 trillion over eight years, with approximately $579 billion in physical infrastructure, including roads, bridges, transit, water and sewer projects, and upgrades to the electrical grid. However, the nascent deal almost unraveled when Biden, in an effort to appease Democratic progressives, promised not to sign the legislation unless it was simultaneously accompanied by a reconciliation bill incorporating elements of his other domestic spending priorities.

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Originally published on June 22, 2021, for NAIOP E-Newsletter.

In the wake of failed infrastructure discussions between the White House and Senate Republican leadership, represented by Senator Shelley Moore-Capito (R-WV), the focus of attention has turned to the second group of Senators attempting to forge a bipartisan deal. The effort, led by Senators Kyrsten Sinema (D-AZ) and Rob Portman (R-OH), gained momentum last week with the endorsement of 21 senators, including 11 Republicans and 10 Democrats. A draft framework of the plan leaked to the press last week, but the particulars of the plan remain in flux, subject to changes based on a review by President Joe Biden and the White House staff.

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Originally published on June 15, 2021, by the NAIOP E-Newsletter.

Last week President Joe Biden broke off talks with Senate Republicans, led by Senator Shelley Moore Capito (R-WV), on a bipartisan infrastructure package. While both sides took pains to say the talks were held in good faith, the parties could not bridge the differences regarding the overall size of the package, the scope of what should be included as infrastructure, and the methods for funding the initiative.

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Originally published on June 8, 2021, by the NAIOP Source E-NEwsletter

Discussions over a bipartisan infrastructure deal have entered a critical stage as the Biden administration negotiates with Senate Republicans, with progressive Democrats increasing pressure on the White House to pass legislation with only Democratic votes. The White House and Senate Republicans remain at odds on major issues but have continued to seek an agreement. Republicans oppose the inclusion of what they consider non-infrastructure spending, such as long-term care for seniors and people with disabilities, in an infrastructure deal. The White House and Democrats have used the term “human infrastructure” to refer to these initiatives. Both sides also continue to argue over the funding mechanism, with President Joe Biden originally proposing an increase in the corporate tax rate from 21% to 28%, but recently dropping that in favor of a 15% global minimum corporate tax as a means of paying for the infrastructure plan.

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Originally published on June 2, 2021, by Aquilles Suarez for NAIOP's blog.

Last week, President Joe Biden submitted his proposed the fiscal year 2022 budget to Congress, providing lawmakers with additional details regarding the major infrastructure and social spending initiatives comprising his American Jobs Plan and American Families Plan. In times of divided government in Washington, a White House budget is oftentimes described as “dead on arrival” as far as Congress is concerned. But with the Senate and House of Representatives controlled by his fellow Democrats, Biden’s recommendations are sure to be given substantial deference by lawmakers. Nevertheless, differences of opinion do exist among members of the president’s own party regarding many of his proposals. As such, last week’s submission simply marks the beginning of challenging negotiations that are likely to take place over the next two months.

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Originally published on May 25, 2021 for NAIOP E-Newsletter.

President Joe Biden set Memorial Day as his deadline for reaching an agreement with Senate Republicans on a bipartisan infrastructure initiative, but despite several meetings and counterproposals, the two sides appear to remain far apart on a deal. With Democrats controlling the Senate, Biden had said he would resort to budget reconciliation, a procedural measure that would enable the White House to avoid a filibuster and pass legislation with only Democratic votes in the Senate, to get most of his proposed $2.25 trillion American Jobs Plan infrastructure initiative enacted into law.

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In recent weeks, President Joe Biden unveiled two momentous plans that are part of his "Build Back Better" agenda. The American Jobs Plan and the American Families Plan are designed with important goals in mind, but the proposals come with significant costs that could result in consequential tax changes and have a tremendous impact on the commercial real estate industry.

We’re at the beginning of the legislative process for these proposals, and there are months of negotiations ahead of us. As a leader in your chapter, we wanted to ensure you are aware of the issues and how NAIOP will be involved throughout the process.

NAIOP’s team on Capitol Hill will be working with Congress to help preserve existing tax treatments that have supported a healthy and vibrant commercial real estate industry so that we can continue to be a leading contributor to U.S. GDP, create valuable jobs, and build communities.

The following are the major tax proposals in the plans:

On May 6, 2021, Marcus Jones, Charlotte City Manager, released a memo providing an update on the 2040 Comprehensive Plan.  Included is a link to the 650+ comments from the community and the next steps.  The timeline continues to move toward a release of the second draft of the plan on May 19 with a potential vote by the City Council on June 21.  To access more information:

• City Manager Memo - https://naiopc.memberclicks.net/assets/Manager%27s%20Memo%20-%20Comp%202040%20Plan.pdf
• City of Charlotte Comprehensive Plan Site - https://cltfuture2040.com/
• REBIC information on the 2040 Plan - https://www.rebic.com/2040-plan
• Public Comments – https://www.cltfuture2040plan.com/
• GetItRightCLT Campaign - https://getitrightclt.com/

Originally published on May 5, 2021, by Toby Burke for NAIOP E-Newsletter

The COVID-19 pandemic has impacted the entire country and the world. Most state and local governments in the United States issued stay-at-home orders and imposed business restrictions on nonessential services to slow the spread of the virus. This caused an economic slowdown that initially concerned many state and local lawmakers.

Revenue projections from various sectors, such as restaurants, tourism and the entertainment industry, were lowered. Budgets were restructured to increase health services and reduce expenditures in order to maintain balance. State and local governments also turned to Washington for additional assistance, and they received it.

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Originally published on April 20, 2021, for NAIOP E-Newsletter.

Congressional committees are moving ahead with plans to hold hearings and draft legislation to implement President Joe Biden’s $2.3 trillion infrastructure proposal at the same time a group of Republican and centrist Democratic senators are trying to negotiate a smaller, bipartisan package. Republicans have objected to the inclusion of what they consider non-infrastructure provisions, such as $400 billion to cover care for the elderly and disabled people, in Biden’s American Jobs Plan. They also object to financing the program by increasing the corporate tax rate from 21% to 28% rather than fees such as the gas tax or an alternative mechanism.

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Originally published on May 4, 2021, for NAIOP.

Last week President Joe Biden unveiled his American Families Plan to provide universal preschool, two years of free community college and a paid family and medical leave program, and to expand the Earned Income Tax Credit and other tax credits. The plan, estimated to cost $1.8 trillion, would be financed primarily through tax increases on investments and high-income earners. Many of the tax increases affect provisions important to commercial real estate.

View Biden Plan Tax Proposal

Both chambers of Congress return to Washington, D.C., this week from a two-week recess, prepared to begin work on President Joe Biden’s American Jobs Plan, an approximately $2.4 trillion package to fund infrastructure investments, research and development, clean energy tax credits, and expansion of Medicaid coverage for long-term care services, among others. Biden is scheduled to meet with Republican and Democrat leaders to begin talks on achieving a bipartisan bill, but the White House and Democrats have signaled their intent to pursue the budget reconciliation process if a bipartisan agreement is too difficult. Budget reconciliation allows legislation to pass the Senate with a simple majority, rather than the 60 votes usually required to avoid a filibuster.

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Originally published on April 6, 2021, for NAIOP Source E-Newsletter.

President Joe Biden has unveiled his American Jobs Plan, a $2.3 trillion plan to fund infrastructure projects such as roads, bridges and railways, but also what the administration terms “human infrastructure” investments in childcare, as well as measures to transform the energy sector toward a carbon-free future. In order to fund the plan, the Biden administration proposes to raise the corporate tax rate from the current 21% to 28% and would seek a global minimum tax for multinational corporations.

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