About Sustainable Development

Goodwin Procter's Sustainable Development blog features news and resources to help professionals navigate the rapidly evolving green building and sustainable development sectors in today's real estate market, including information on:
  • Build America Bonds (BABs)
  • California Environmental Quality Act (CEQA)
  • climate change
  • infrastructure
  • LEED compliance
  • project financing
  • public-private partnerships
  • regulatory demands
  • renewable energy
  • Stimulus funds
  • sustainable financing
  • transit-oriented development
  • transportation initiatives
Please send your comments, ideas and suggestions for future topics to the editors at sustainabledevelopment@goodwinprocter.com.

About the Editors

Lewis Feldman
Lewis G. Feldman
Partner/Los Angeles Office Chair


Lew Feldman is a member of Goodwin Procter's Real Estate, REITs & Real Estate Capital Markets Group. He serves as the Chair of Goodwin Procter's Los Angeles offices and heads the firm's Public/Private Development Practice. Mr. Feldman is considered to be among the nation's leading real estate and public finance attorneys, specializing in structuring, entitling and executing large-scale financings for real estate industry participants and the public sector.

He is an active participant in many of the industry's most eminent associations and groups, including California's Coalition for Adequate School Housing, the International Council of Shopping Centers, Urban Land Institute's Public-Private Partnership Council, University of Southern California's Lusk Center for Real Estate, and the National Association of Bond Lawyers. He is a founding member of the University of California, Los Angeles' Ziman Center for Real Estate and serves on the boards of the Milken Institute California Center Advisory Council and the Los Angeles County Housing Development Corporation.

Lew works in the firm's Los Angeles office and can be reached by email or at (213) 426-2688.
Doug Praw
Douglas A. Praw
Partner


Doug Praw is a member of Goodwin Procter's Real Estate, REITs & Real Estate Capital Markets Group. He has extensive experience in a wide range of real estate and public finance matters. His expertise in public finance projects includes public infrastructure, sustainable project financing, utilities, multifamily housing projects, single-family master-planned communities and industrial projects. He has provided counsel to various sectors of the real estate industry, including developers, buyers and sellers, lenders and borrowers, underwriters and municipalities and special districts and other governmental agencies in the States of California, Nevada and New Mexico.

He is a member of the Urban Land Institute, U.S. Green Building Council – Los Angeles, National Association of Bond Lawyers and the International Council of Shopping Centers.

Doug works in the firm';s Los Angeles office and can be reached by email or at (213) 426-2664.


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A Retroactive 28% Cap on Muni Bonds?

In recent fiscal cliff discussions, President Obama has floated the idea of a retroactive 28% cap on municipal bonds.  A recent research report from Citi estimated that up to $150 billion bonds might be subject to mandatory calls at par if the proposed 28% cap were enacted on a retroactive basis.  Although the cap did not make it’s way into the final fiscal cliff agreement, market experts believe the threat persists as lawmakers and the administration squabble over whether to: raise the debt ceiling; allow sequestration to take place; and adopt another continuing resolution to keep the federal government funded. There is a looming March 27, 2013 date for these decisions.  See the full article on this topic in the Bond Buyer here.
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Lost the Kings, but Got Federal Transit Funds for Light Rail

It is no consolation prize for the City of Sacramento, but on the eve of the City losing the Sacramento Kings to the City of Seattle, the U.S. Department of Transportation announced that it will provide $135 million in federal matching money for the Sacramento Regional Transit District's light rail system.  According to Transportation Secretary Ray LaHood: “The $4.3 mile Blue Line extension will link downtown Sacramento with the growing South County corridor offering commuters an alternative to driving and connecting the faculty, staff, and students at Cosumnes River College with the shops, restaurants and other businesses in the heart of the city.”
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SCOTUS on the Clean Water Act

Yesterday, the Supreme Court of the United States, in Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc., ruled that the flow of water from an improved portion of a navigable waterway into an unimproved portion of the same waterway does not qualify as a "discharge of a pollutant" under the Clean Water Act.  More information on the SCOTUS decision can be found here.
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FTA Evaluation Criteria Allows for More Transit Expansions to Receive Federal Funding

The Federal Transit Administration late last month released new evaluation criteria for transit projects vying for funds from the New Starts and Small Starts programs. These two programs dispensed a total of $2 billion last year, providing roughly half the funding for transit expansions in the U.S.  The new criteria will move away from evaluating projects on how much travel time they save and focus more on economic development and number of passengers served.
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American Tax Relief Act of 2012 Update

The American Tax Relief Act of 2012 included a number of real estate/sustainability provisions.  They are as follows:

  • New markets tax credit. The Act extends through 2013 the new markets tax credit, permitting a maximum annual amount of qualified equity investments for 2012 and 2013 of $3.5 billion each year.

  • Extension of tax incentives for the New York Liberty Zone. The Act extends through December 31, 2013, the time for issuing New York Liberty Zone bonds.

  • Low-income housing tax credit program. The Act extends the minimum low income housing credit rate of 9% by changing the deadline to projects that have received an allocation before January 1, 2014.

  • Depreciation of certain real property improvements. The Act extends retroactively from January 1, 2012, through December 31, 2013, the 15-year cost recovery period for certain leasehold improvements, restaurant buildings and improvements, and retail store improvements that are placed in service before January 1, 2014.

  • Empowerment zones. The...
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P3 Activity - Deal Reach for Carlsbad Desalination Plant

The San Diego County Water Authority released a proposed Water Purchase Agreement Thursday with Poseidon Resources, the private developer of the planned seawater desalination plant in Carlsbad. The release opens a public review period that includes two special evening public meetings to share information on the agreement and to receive public comment.  To read more about the transaction, see the Carlsbad Patch article here.
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For the Latest on the Muni-Bankruptcy Crisis

Goodwin Procter launched the MuniBK blog to provide content, analysis and commentary on the intersecting issues of public finance, restructurings and Chapter 9 of the United States Bankruptcy Code. The goal is to both aggregate information and developments from around the country, and to share Goodwin’s analysis of legal and business developments as they occur.
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Holy BABs Batman! Sequestration Would Cut BAB Payments BY $255 Million

Major cuts in federal payments to issuers of Build America Bonds and other direct-pay bonds will have to be made if Congress is forced to make $1.2 trillion of across-the-board cuts to the fiscal 2013 budget under the congressionally-mandated sequestration process, according to a report the Office of Management and Budget sent the lawmakers on Friday. Read here for more.
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#EB-5 Regional Center Program Reauthorized

Yesterday, Congress voted to extend the EB-5 legislation for another 3 years.  For an investment of $500,000, or $1,000,000 in certain areas, in a U.S. enterprise that creates at least 10 jobs, an investor is eligible for a U.S. visa.  The federal program, which is capped at 10,000 visas annually, was set to expire at the end of September.  Senate Bill 3245 extends the legislation to September 30, 2015.   The cap on visas was not increased, but at least the program continues on.  It is an important tool for economic development and job creation.
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#CEQA Reform through SB 317

SB 317 (sponsored by Senator Rubio) proposes significant revisions to CEQA.   The germane portions of the bill, which are tacked onto a bill that formerly dealt with fisheries management on the Kings River, creates an entirely new statutory scheme  – The Sustainable Environmental Protection Act.  The new act aims to:

1. Integrate environmental and planning laws

2. Eliminate CEQA duplication

3. Focus CEQA litigation on compliance with environmental and planning laws

4. Enhance public disclosure and accountability

Among the benefits of the Act is that SB 317 would avoid duplicative litigation by limiting the ability to challenge the environmental document prepared for a project that complies with an approved plan (such as a General Plan) and incorporates all applicable mitigation measures from the environmental impact report (EIR) prepared for the approved plan.  A fact sheet with this fact and other useful facts about SB 317 can be found here.

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Department of Energy Launches New Green Lease Library

DOEThe Department of Energy (DOE) has created a new resource to help solve the "split incentive problem" relating to the misaligned interests of landlords and tenants who seek energy efficient leases. The DOE has partnered with certain organizations such as the Building Owners and Managers Association (BOMA) and the Natural Resources Defense Council (NRDC) to create a green lease library, found here.

The website contains a collection of resources for building owners, tenants, lawyers and building raters.  This is a valuable asset for any stakeholder in the real estate community who needs sample green lease provisions or guidance in negotiating green leases.  Most of the information available in the library is free.

Questions about green leases? Send them our way at sustainabledevelopment@goodwinprocter.com.

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Green #London2012 Olympic Games

With the gold medal and medal tally almost final and the games winding down, it is important to recognize another achievement for these Olympic Games.   The London 2012 Olympic Games achieved significant milestones in green building and sustainability. The London Organizing Committee designed an Environmental Sustainability Social Plan in which World Wildlife Fund and BioRegional development participated that helped frame the principles behind the construction of the venues and the atmosphere at the Olympics. Below are some interesting facts about the construction of the Olympic venues:

  • Olympic stadium used only a quarter of the concrete used at the stadium in Beijing.

  • Certain of the structures, including the white PVC building that hosted basketball are reusable.

  • The Olympic village has been built to be qualified at level 4 sustainable housing code.

  • LED lighting is used throughout the games.

  • Finally, habitats for native fauna, such as wetlands were created, which has already attracted...
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Certain California Cities Can Avoid Prevailing Wage Requirements for Public Works Projects

In California, there are two types of cities: general law cities and charter cities.  A general law city follows the laws set forth in the Government Code commencing with Section 34000.  Charter cities adopt their own procedures for matters that are considered “municipal affairs.” The California Constitution grants charter cities the power to make and enforce all ordinances and resolutions with respect to municipal affairs (California Constitution Article XI, Section 5(a)). This is commonly referred to as the “home rule” provision. Typical examples of municipal affairs include the manner of conducting local elections and the city’s dealings with its municipal officers and employees.  Generally, a charter city has greater autonomy than a general law city.  Cities with the ability to craft their own charter have separated themselves from general law cities with respect to fiscal policy.  One area reflecting this distinction is the payment of prevailing wage for public works.  In the case...
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The Impact of Hipster Urbanism

Watching the revitalization of downtown Los Angeles, Hollywood, and Culver City, we were fascinated by a group of articles that dissected whether so-called "hipsters" save our cities.  The articles question whether the "creative class," bringing along bike shops, coffee shops, and mustaches, reshapes urbanism and wonder whether the ad hoc way "hipsters" invade urban cities creates good land use planning.  The short answer is probably not, but the articles, listed below, are a fun read, and the day-to-day experience at such places as Umamicatessen and Lukshon is even more fun.

Creative Placemaking Has an Outcome Problem, Createquity, May 9, 2012

Hipsters Won't Save Us, Salon, July 13, 2012

Blessed are the Hipsters, Planetizan, July 27, 2012

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SEC Recommends Improvements For Municipal Securities Market

The Securities and Exchange Commission today issued a comprehensive report that includes recommendations to help improve the $3.7 trillion municipal securities market and enhance the disclosures provided to investors.
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Democrats Propose New Build America Bonds Legislation

This week, House Ways and Means Committee Democrats introduced H.R. 6206, the Build America Bonds Act.  The legislation is aimed at helping state and local governments finance capital projects including schools, transportation infrastructure, and public safety facilities and equipment.  Like the prior BABs legislation, the new legislation provides a federal subsidy to state and local governments, which leads to lower net borrowing costs for state and local governments. Under the Democrats’ proposal, the subsidy rate would be set at 32% for 2012, then be reduced by one percentage point each year until it reaches a permanent rate of 28% in 2016.
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A New Muni Bond Insurer Steps Forward

The bond insurance business has been battered over the last several years.  Traditional insurance companies like AMBAC, FGIC, and Assured Guaranty Corp. have all but disappeared, with many filing bankruptcy.  Yet, the need still exists.  Build America Mutual, self-proclaimed as the first mutual municipal bond insurer, was unveiled Monday with a double-A rating from Standard & Poor's Ratings Services.  This rating makes it the highest-rated insurer serving the $3.7 trillion municipal-bond market.  Municipal bond insurers once guaranteed more than half of all new municipal-bond issues.  They had insured billions of dollars worth of structured-finance and mortgage-backed securities that defaulted, causing heavy losses and the virtual disappearance of the industry.  The sector operates by "renting" out its superior rating to government borrowers, allowing them to achieve lower financing costs. In the event a borrower defaults, the municipal-bond insurer makes sure bondholders continue to...
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Deadline to Submit Housing Assets List to DOF is August 1

The successor to housing assets and functions ("Housing Successor") of a dissolved redevelopment agency is required under SB 1484 to submit a list of housing assets to the State Department of Finance by August 1, 2012. The list should include all housing assets received by the Housing Successor after February 1, 2012 until the date the list is prepared.  The form to use to list housing assets is posted on the Department of Finance website.  Click here for the form.

A summary of AB 1484 is on the CRA website.

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#NMTC Allocation Round Opens

On Friday, July 13, 2012, the Community Development Financial Institutions (CDFI) Fund opened a new round of New Markets Tax Credits allocations. Novogradac has provided a summary of the changes to the 2012 allocation application that can be found here.
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Interest in Green Homes Rises. Why?

A McGraw-Hill Construction study cited that the share of "green" single family home construction rose from 8% in 2008 to 17% in 2011.  it is now commonplace for builders to use green technology as a marketing tool to increase sales.  There are lots of examples of builders installing solar panels, adding EnergyStar appliances, and using native landscaping.  The primary reason for buying a green home continues to be cost savings realized by the home-buyer. Although, certain recent data suggests that the health benefits associated with a green home are becoming a driving force.  Robert Charles Lesser & Co. published an article that discusses green homes and sheds some light on the metrics important to builders and developers.
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