Strengthening the industry through advocacy.
NAIOP represents the interests of the commercial real estate industry at the federal, state, and local levels. Through regulatory, legislative, and judicial advocacy, NAIOP works to advance economic development, strengthen communities, and ensure that issues facing the industry are understood by leading policymakers.
Interested in shaping NAIOP’s advocacy work? NAIOP members are encouraged to join the Government Affairs Committee. For more information, contact Anastasia Daou, NAIOP’s VP of Policy & Public Affairs.
Click here to download our 2024 Government Affairs accomplishments.
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Advocacy News
Healey-Driscoll Administration Files Mass Ready Act
Yesterday, Governor Healey announced the filing of the Mass Ready Act, a environmental bond bill that proposes nearly $3 billion in bonding authorizations to strengthen infrastructure and protect Massachusetts communities against increasing extreme weather events.
The bill’s language also proposes simplifications to the environmental permitting process for priority housing and urgent infrastructure needs. It also includes $50 million in reauthorization for the Momentum Fund to continue accelerating the development of mixed-income and multifamily housing.
NAIOP CEO Tamara Small spoke at the press conference.
Judge Dismisses Case Against MBTA Communities Act; Draft BERDO Amendments Released; NAIOP Comments on Article 80 Proposal; Regulatory Deadlines Impacting New and Existing Buildings Approaching
In June, there were important updates related to the MBTA Communities Act, the Article 80 Modernization process, and the City of Boston’s BERDO regulations.
Additionally, the Building Code Concurrency Period between the 9th and 10th Editions ends on June 30, 2025; and statewide large building energy reporting begins June 30.
Governor Files Energy Affordability Legislation; DOER Hosts Building Energy Reporting Webinar
On May 13, the Healey-Driscoll Administration filed energy affordability legislation designed to save customers money, bring more energy into Massachusetts, increase accountability of the utilities and drive innovation.
On Monday, May 19, the Massachusetts Department of Energy Resources (DOER) is hosting a webinar to provide a guided walkthrough of the energy reporting guidelines for the Large Building Energy Reporting Law. Attendees will learn how to obtain, report, and submit their building energy benchmarking report. The tools discussed will include ENERGY STAR Portfolio Manager and the Building Energy Analysis (BEAM) Tool. Reporting is due by June 30, 2025.
Permanent MBTA Communities Regulations in Effect
On Monday, April 14, the Healey-Driscoll Administration announced the release of final regulations for M.G.L. Chapter 40A, Section 3A, otherwise known as the MBTA Communities Act. These regulations are in effect.
According to the final regulations, communities that did not meet prior deadlines to submit new zoning to the state will have until July 14, 2025 to submit a district compliance application to EOHLC. Communities designated as adjacent small towns still have a December 31, 2025 deadline to submit district compliance applications.
NAIOP is grateful to the Healey-Driscoll Administration for advancing successful implementation of the MBTA Communities Act. According to the announcement, currently, 68 communities are deemed compliant or conditionally compliant with the Act. A total of 119 communities have adopted multifamily zoning to comply with the law.
Unlocking Housing Production Commission Releases Recommendations to Address Barriers to Housing Production
On Friday, February 21, the Unlocking Housing Production Commission released its recommendations for specific legislative, regulatory and policy changes designed to increase Massachusetts’ housing supply.
The Commission was created by Executive Order in late 2023 to advise the Healey-Driscoll administration on how state and local laws, regulations, and practices could be revised to increase the supply of housing across income levels and the state. Commission members included NAIOP CEO Tamara Small and NAIOP members Levi Reilly of Marcus Partners; David Linhart of Goulston & Storrs; and Jeanne Pinado of Colliers; as well as leaders from local government, business, and community organizations.
“This report is the result of many hours of research, discussion and review undertaken by the Unlocking Housing Production Commission over the past year,” said NAIOP CEO Tamara Small. “The final recommendations range from bold actions to targeted tweaks designed to advance new housing production at all levels across the Commonwealth.”
SJC Upholds MBTA Communities Law and Attorney General’s Ability to Enforce
On January 8, the Supreme Judicial Court (SJC) released its decision in Attorney General v. Town of Milton.
NAIOP was pleased to see that the Court’s decision upheld both the Attorney General’s power to enforce M.G.L. Chapter 40A, Section 3A, otherwise known as the MBTA Communities Act, and the constitutionality of the Act. This decision supports NAIOP’s September Amicus Brief, filed by NAIOP member Greg Sampson of Silver Gavel Firm Sullivan & Worcester, which urged the SJC to affirm that the Attorney General may elect to enforce the MBTA Communities Law.
Governor Signs Economic Development Compromise – Permit Extension Act Included
On November 20, Governor Maura Healey signed The Mass Leads Act into law.
The nearly $4 billion legislation includes several of NAIOP’s priorities including a Permit Extension Act; An Act to Safeguard Municipal Permitting; Establishment of a Permit Regulatory Office; and the creation of a Qualified Data Center Tax Credit.
NAIOP is immensely grateful to Governor Maura Healey, Speaker of the House Ronald Mariano and Senate President Karen Spilka for their leadership to ensure this critical legislation is enacted.
NAIOP also applauds the Conference Committee members, Chairman Aaron Michlewitz; Chairman Michael Rodrigues; Chairman Jerald Parisella; Chairman Barry Finegold; Representative David Muradian; and Senator Peter Durant for their hard work over many months to advance a bold and balanced final bill.
NAIOP Massachusetts Announces Recipients of President’s Award and Government Affairs Champion Award
BOSTON, MA – NAIOP Massachusetts, The Commercial Real Estate Development Association, is proud to announce the recipients of the 2024 President’s Award and the 2024 Government Affairs Champion Award. The awards will be presented at the Chapter’s Annual Meeting on Tuesday, November 19.
The 2024 President’s Award will be presented to Debbie Osheroff, NAIOP’s Director of Membership & Administration in recognition of her outstanding contributions to NAIOP’s growth and success.
Michael McDermott of Dain, Torpy, Le Ray, Wiest & Garner, P.C., will be awarded the 2024 Government Affairs Champion Award, for his invaluable contributions to advancing NAIOP’s advocacy.
ADVOCACY ALERT: Sullivan & Worcester Files Amicus Brief on Behalf of NAIOP Massachusetts urging SJC to Affirm the Attorney General’s Ability to Enforce Section 3A of the Zoning Act
On Monday, September 16, 2024, law firm Sullivan & Worcester filed an amicus brief on behalf of NAIOP Massachusetts – The Commercial Real Estate Development Association (NAIOP) in the case of Attorney General v. Town of Milton and Joe Atchue, in his official capacity. At issue is whether or not Section 3A of the Zoning Act (otherwise known as the MBTA Communities Law) provides the sole remedy for noncompliance with the law, and whether, and to what extent, the Attorney General’s office is authorized and has standing to enforce compliance with the Section.
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.