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ADVOCACY ALERT: NAIOP Secures Office Conversation Tax Credit and Defeats Right of First Refusal; Legislature Does Not Advance Economic Development or Climate Bills; Uncertain Future for Boston Proposals

Read on for NAIOP’s legislative wrap-up on the topics relevant to the industry including;

NAIOP’s successful advocacy securing a Nation-Leading Office Conversion Tax Credit, Defeats Right of First Refusal, in Housing Bond Bill;

The status of the Permit Extension Act and other economic development priorities;

The status of the climate legislation; and

The status of Boston’s property tax and BPDA reform proposals.

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ADVOCACY ALERT: NAIOP Opposes Mayor Wu Proposal Seeking Permission to Increase the Tax Burden on Commercial Properties

On April 3 Mayor Wu filed a Home Rule Petition with City Council allowing the City to lessen increases in residential property tax bills caused by declining commercial values by temporarily shifting more of the property tax levy onto owners of commercial and industrial properties. The City Council referred the matter to the Committee on Government Operations.

There have been two public hearings on the proposal, filed as Docket 0642. NAIOP has submitted testimony for consideration in advance of both the hearing on April 16, and the hearing on May 30.

On May 22, NAIOP hosted a briefing and panel discussion regarding the proposed legislation. NAIOP CEO Tamara Small was joined by Jim Rooney of The Greater Boston Chamber of Commerce; Meg Mainzer-Cohen of the Back Bay Association; Marty Walz of the Boston Municipal Research Bureau; Matthew Osborne of Eastern Bank; and Daniel Swift of Ryan, LLC.

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Dain Torpy Files Amicus Brief on Behalf of NAIOP & Massachusetts Association of REALTORS® in Shoucair v. Zoning Board of Appeals of Boston & Others

On March 8, law firm Dain, Torpy, Le Ray, Wiest & Garner (Dain Torpy) filed an amicus brief on behalf of NAIOP Massachusetts – The Commercial Real Estate Development Association (NAIOP) and the Massachusetts Association of REALTORS® (MAR). Because Boston’s zoning appeal bond requirement is established by statutory text that is distinct from, and pre-dates, the Commonwealth’s separate zoning appeal bond provision, the brief urges the SJC to affirm the Superior Court’s imposition of a bond on the appellant in this case without requiring an “in bad faith” determination.

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GOVERNOR HEALEY SIGNS TAX RELIEF LEGISLATION

In direct response to NAIOP’s advocacy and work convening a broad range of business and economic development groups over two legislative sessions, the final bill includes a language tripling the annual cap on the Housing Development Incentive Program from $10 million to $30 million, and a one-time $57 million allocation to clear out the almost-2,000 unit backlog of shovel ready housing projects in Gateway Cities across the Commonwealth. The bill also includes a NAIOP-supported $20 million increase in the Low-Income Housing Tax Credit, bringing the total annual allocation to $60 million.

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Governor Healey Signs FY24 Budget Extending Brownfields Tax Credit Through January 1, 2029

On August 9, 2023, Governor Healey signed the FY24 budget.

In direct response to NAIOP’s advocacy, the final budget includes a five-year extension of the Brownfields Tax Credit through January 1, 2029. Since the beginning of the session in January, NAIOP has worked with the Healey-Driscoll Administration, the Legislature, and a broad coalition of business groups and housing advocates to ensure the extension was considered for early passage.

Read on to learn about other investments found in the final FY24 budget.

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Legislature Passes Final Budget – Includes Extension of Brownfields Tax Credit

In the afternoon of July 31, the Massachusetts House of Representatives and Senate passed the final FY24 Budget.  

In direct response to NAIOP’s advocacy, the final budget includes a five year extension of the Brownfields Tax Credit, which was previously set to expire on January 1, 2024. Since the beginning of the session in January, NAIOP has worked with the Healey-Driscoll Administration, the Legislature, and a broad coalition of business groups and housing advocates to ensure the extension was considered for early passage.

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What’s the Forecast for Commercial Real Estate?

Since the beginning of 2020, fear of a recession has kept economists and policymakers up at night. But even now, despite high interest rates, consumer spending is up, and many are asking – is this the recession we planned for? At a recent mid-year economic overview hosted by NAIOP Massachusetts, the experts dug into the data.

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BPDA DELAYS IDP VOTE; FY24 BUDGET AND TAX PROPOSALS HEAD TO CONFERENCE COMMITTEE; GOVERNOR ANNOUNCES HOUSINGWORKS IN CAPITAL INVESTMENT PLAN

In mid-May, the Boston Planning and Development Agency (BPDA) released an updated proposal for the City’s Inclusionary Development Policy (IDP).

Read on to learn more about NAIOP’s position on this policy; and for updates from the State House regarding the FY24 budget; tax reform; and Governor Healey’s new housing announcement.

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How to Protect our Economic Growth and Fight for our Climate Future

Climate change is an economic development, public health and environmental issue that affects every resident and business in the commonwealth. Bold action must be taken, along with critical short-term strategies that effectively balance our continued economic growth with our long-term decarbonization and environmental goals. Only this approach will ensure that Massachusetts is put on a responsible, achievable path to mitigate and manage the devastating effects of climate change.  

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Strategies for a Strong and Resilient Massachusetts

With a new gubernatorial administration comes new opportunities to shape the future of Massachusetts. As we look ahead to 2023, there is little doubt that it will be a difficult year for businesses. The incoming Healey-Driscoll administration must be a partner with the business community to ensure that safeguards are in place so the commonwealth can weather the economic storm. Only together can we work to secure the livelihoods and futures of Massachusetts’ residents and businesses.  

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