Pillsbury colleagues Nancy Fischer, Aimee Ghosh, Benjamin Cote and Moushami Joshi discuss how the Infrastructure Investment and Jobs Act (IIJA) provides the single largest investment in water infrastructure in the nation’s history. The expansion of funding is expected to spur water projects across the nation and result in flow-down opportunities for private sector vendors, suppliers, contractors and investors. Click here to more about the construction of wastewater facilities and wastewater treatment systems.
Real Estate & Construction News Round-Up 02/09/22
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A Florida home for sale offers a property deed via an NFT, nuclear power is projected to play an important role in the climate crisis, a Spanish real estate developer aims to set up an office in the the metaverse Decentraland, and more.
EPA Announces Increased Efforts to Require Cleanup of Coal Ash – Insurance Should Be a Component of Companies’ Response
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On January 11, 2022, the U.S. Environmental Protection Agency (EPA) issued a press release announcing “key steps” it is taking to “protect groundwater from coal ash contamination.” Pillsbury attorney Matthew Jeweler recently authored the post, “EPA Announces Increased Efforts to Require Cleanup of Coal Ash – Insurance Should Be a Component of Companies’ Response,” discussing the insurance implications resulting from the Biden Administration’s new regulatory priorities. Continue Reading ›
Real Estate & Construction News Round-Up 02/02/22
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The Biden Administration announces the Building Performance Standards Coalition, commercial real estate sales in the metaverse topped $500 million in 2021, the New York eviction ban expires, and more. Continue Reading ›
The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”
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On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by February 7, 2022. This term controls the scope of federal regulatory powers in such programs as the development of water quality standards, impaired waters, total maximum daily loads, oil spill prevention, preparedness and response plans, state and tribal water quality certification programs, the National Pollutant Discharge Elimination System (NPDES) permit program, and the Corps of Engineers’ dredge and fill program. The Environmental Protection Agency (EPA) and the Corps of Engineers have jointly drafted this comprehensive proposed rule, which also responds to President Biden’s Executive Order 13990, issued in January 2021.
Real Estate & Construction News Round-Up 01/26/22
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The future of traditional real estate skills for virtual land buys is questioned, China’s property sector might experience policy easing, U.S. commercial real estate sales set records in 2021, and more.
Performance Bond Primer: Need to Knows and Need to Dos
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If you are a construction contractor, you deal with performance bonds as part of your business and daily work. They are necessary for almost every project you are participating or will participate in, and, along with other sister bonds, constitute a basic tool to be able to work in construction. However, how much do you really know about this tool? Who in your organization knows how to use it? Are you relying on your insurance broker to procure the bonds? Can your broker competently review the terms of the bond? Are you, as a contractor, relying on the surety to explain and determine what you need for the project—a fox guarding the hen house?
Pillsbury Helps Unpack Value-for-Money Reviews for California Public-Private Partnerships
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Pillsbury attorney Rob James recently contributed to a report by the Bay Area Council Economic Institute detailing the Value for Money (VfM) provisions of the Federal Infrastructure Investment and Jobs Act. The report describes how large-scale public works that are eligible for structuring as a public-private partnership (PPP) should be reviewed for potential use of alternative project delivery methods, including PPPs. Pillsbury illustrated the California eligibility statutes in the comprehensive Gravel2Gavel post and chart, cited in the report and available here.
Real Estate & Construction News Round-Up 01/19/22
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Habitat for Humanity builds the nation’s first 3D-printed house, the White House announces infrastructure spending plans for 2022, commercial real estate firms are left to determine their vaccination mandates, and more.
Tension Over Municipal Gas Bans Creates Uncertainty for Real Estate Developers
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On November 15, 2021, the New York City Council approved a bill banning gas hookups in new buildings, making the biggest city in the U.S. the latest in a string of municipalities to prohibit natural gas infrastructure in new homes and buildings. In the two-and-a-half years since Berkeley, California, passed its then-novel municipal ban on new natural gas infrastructure, numerous cities have found themselves at odds with state governments and industry groups on the issue of full electrification in residential and commercial real estate. The resulting disputes, litigation and regulatory uncertainty have created headaches for the real estate industry. Although not all view the restrictions as negative, and many developers have embraced the push for more climate-neutral buildings, these bans introduce complexity to the real estate market, raising additional legal and commercial challenges.