On August 10, 2021, the U.S. Senate passed the bipartisan Infrastructure Investment and Jobs Act, a mammoth $1.2 trillion infrastructure package that includes spending for roads, bridges, electric vehicles, broadband, water infrastructure, and grid resilience, among other priorities. In “Senate Passes $1.2 Trillion Infrastructure Package, Tees up $3.5 Trillion Budget Reconciliation Bill,” our colleagues on the Global Trade, Public Policy and Energy teams take a closer look at the legislation.
State-Level Permitting Primacy May Boost Carbon Capture and Storage
Texas and Louisiana are stepping up efforts to assume regulatory authority for an emerging wave of Carbon Capture and Storage (CCS) projects. Despite carbon sequestration being highly touted as a key tool to mitigate climate change, few commercial CCS projects have been permitted in the United States. Texas and Louisiana are moving towards regulating geological carbon sequestration by assuming “primacy” over wells built to sequester CO2. Louisiana’s primacy application is set for EPA review, while legislation in Texas recently simplified jurisdiction over carbon sequestration wells with an eye towards assuming regulatory control in the future. In State-Level Permitting Primacy May Boost Carbon Capture and Storage, colleague’s Anne Idsal Austin, Sheila McCafferty Harvey, Robert A. James, Jorge Medina, Alex Peyton explain.
Real Estate & Construction News Round-Up (8/11/21)
Proptech and office return delays continue to grow, the new infrastructure bill could track your travel data, investor activity shows an expectation that business properties will rebound after COVID-19 shutdowns, and more.
New York Climate Mobilization Act Update: Reducing Carbon Emissions and Funding Solutions
In our June 16 CMA Update, we discussed how the New York City Climate Mobilization Act (CMA) will affect building owners and the market for CMBS mortgage loans (loans pooled and resold as commercial mortgage-backed securities). (For more information on C-PACE financing, see Sustainable Buildings and Development: Carbon Emissions and the Recent Climate Mobilization Act of New York City.) In this update, we will outline some of the funding solutions that are available to New York City building owners looking to retrofit their buildings in order to comply with the CMA’s requirements.
Takeaways for Contractors and Subcontractors Take Heed: Biden Administration Buy American Domestic Content Requirements
In Biden Administration Proposes Significant Increases to Buy American Domestic Content Requirements – Takeaways for Contractors and Subcontractors, colleagues Nancy A. Fischer, Stephan E. Becker, David B. Dixon, Marques O. Peterson, Benjamin J. Cote and Moushami P. Joshi provide the key takeaways derived from proposed changes affecting the construction industry.
Apportionment of Sales Tax on Software Through General Abatement Process, Massachusetts High Court Approves
Software is critical for countless businesses in the real estate and construction industries. After the Massachusetts Supreme Judicial Court’s recent decision in Oracle, there may be a sales tax refund opportunity for businesses (including real estate, construction companies) that license software for use in Massachusetts and in other states. Read more about the court’s decision here by Zachary T. Atkins and William L. Bennett.
Washington, DC’s COVID-19 Eviction Moratorium Expires
Throughout the COVID-19 pandemic, federal and local governments have adopted varying moratoria on evictions, enacted as emergency legislative protections for tenants facing eviction. The federal moratorium on eviction, promulgated by the Centers for Disease Control and Prevention (CDC), is set to expire on July 31. While the Supreme Court recently left the moratorium in place, the Court signaled that it would likely be held unconstitutional if extended and challenged again. With the sole federal moratorium expiring, state and local protections may remain in effect; however, many of these local orders are also beginning to expire. Washington, DC’s eviction moratorium, one of the most tenant-friendly pieces of emergency legislation in the country, is one such example, beginning a phaseout process that allows the pace of evictions to slowly begin throughout 2021 before a final legislative sunset in February 2022.
Proposed Cyber Incident Notification Act of 2021 and the Real Estate Industry
On July 21, 2021, a group of bipartisan Senators formally introduced the Cyber Incident Notification Act of 2021. This legislation, if passed, would require nearly all federal contractors and subcontractors (at all tiers) to report actual and potential cybersecurity intrusions to the Department of Homeland Security within 24 hours. Unlike previous cybersecurity requirements that have applied only to contractors in certain industries, such as defense or information technology, this legislation is intended to cover contractors throughout the Federal supply chain. Therefore, real estate and construction companies that hold contracts or subcontracts in support of the Federal government would be subject to these new, more onerous reporting requirements. Colleagues Brian E. Finch, Michael R. Rizzo and Meghan D. Doherty discuss the bipartisan legislation in a recent alert.
Presidential Executive Order 14008: The Climate Crisis Order
Property Insurance Considerations for Cannabis Delivery Services
The legal cannabis industry in the U.S. is growing at an unprecedented rate and is projected to reach $73.6 billion by 2027. While federal law still classifies marijuana as a Schedule I drug, many states have legalized both medical and recreational marijuana. As state restrictions ease, new business opportunities continue to emerge. On the Policyholder Pulse blog, colleague Ashley Cowgill provided a thorough exploration of insurance options, including one of particular relevance for readers of G2G:
Property Insurance
Property insurance generally protects a business in the event the business’s property, including, equipment, storage facilities, or signage is damaged or stolen. Property insurance does not, however, typically cover property in transit, or property belonging to another person. Thus, once the product is out for delivery, a property policy will generally not provide coverage if the product is lost or damaged.
For the full list of insurance coverages options that cannabis delivery services may want to consider, click here.