Government Affairs

Through its aggressive advocacy on behalf of the real estate industry, NAIOP Massachusetts represents the interests of companies involved with the development, ownership, management and financing of commercial, industrial, retail, institutional, and mixed-use properties.

For more information, contact Tamara Small at 781-453-6900 x5

Government Affairs Accomplishments

Faced with an increasingly challenging regulatory and legislative environment, this past year NAIOP Massachusetts pursued an aggressive agenda of economic and environmental policies designed to benefit the commercial real estate industry. 

The following are just a few recent accomplishments (to view current issue priorities, click here):  

Legislative

• Passed NAIOP’s top legislative priority, the Permit Extension Act, which will extend permits and approvals in effect at anytime between 8/15/08 – 8/15/10 by two years.
• Passed District Improvement Financing technical correction legislation which will allow more communities to use this important infrastructure financing tool.
• Passed Property Assessed Clean Energy Bond (PACE) legislation which will help finance renewable energy generation and energy efficiency projects in commercial and residential properties.
• Extended Brownfields Tax Credit by two years.
• Defeated wide range of legislation harmful to the industry including: Environmental Justice, Land Use Partnership Act, and Eminent Domain.

Regulatory

• Significantly reformed the Massachusetts Endangered Species Act regulations to provide more transparency and flexibility for developers.
• Provided input on NAIOP-supported 8^th edition of statewide building code.
• Delayed implementation of Retail Solar policy which would have required all big box retailers over 50,000SF to have solar panels on rooftops.
• Achieved significant changes to Greenhouse Gas policy through participation on EEA task force.
• Represented industry on DEP’s Indoor Air Workgroup
• Advocated against costly and burdensome EPA and DEP stormwater regulations.

Judicial

Achieved victories in all three amicus briefs filed this year before the Supreme Judicial Court of Massachusetts (SJC).   

• In JOHN MOOT v. MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION, NAIOP’s brief (in support of the defendant) supported the Superior Court’s decision that An Act Relative to the Licensing Requirements of Certain Tidelands, St. 2007, C. 168, §§ 1-11 provided legislative authority to exempt landlocked tidelands from licensing under Chapter 91. NAIOP was a strong supporter of the legislation when it was enacted and the SJC’s decision was an important one for the industry.   
• In TOWN OF CANTON vs. LUISA PAIEWONSKY, NAIOP’s brief (in support of the defendant) supported a Trial Court judge’s decision that dismissed as untimely the Town of Canton’s action commenced under G. L. c. 30, § 62H (MEPA). At issue was when a municipality is to commence an action under MEPA. The SJC’s decision prevented untimely appeals (and related costs) on important economic development projects.  
• In NORFOLK vs. ONE BEACON, NAIOP’s brief (in support of the defendant) supported overturning a Superior Court judge’s decision that concluded that G. L. c. 186, s. 15, rendered unenforceable the provisions of a commercial lease requiring the lessee to provide liability insurance for the benefit of the lessor because, according to the judge, the lessor would be insured for its own negligence.  The case affected a standard provision found in almost every commercial lease.