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Large Energy Building Reporting (LBER) Regulations

In 2022, the Massachusetts Legislature passed a new law requiring the reporting of energy use data for all large buildings in the Commonwealth.  The new law requires electric, gas, and steam utilities to report usage data on behalf of the covered buildings. It requires covered building owners to report usage for delivered fuels such as oil, propane, and wood. Large Buildings are defined at one or more buildings located on a parcel with a combined gross floor area equal to or greater than 20,000 square feet.

The Massachusetts Department of Energy Resources (DOER) is responsible for implementing the new law.   DOER has published draft regulations, Building Energy Reporting Draft Regulation 225 CMR 27.00  which they must finalize by the end of the year.

 A virtual public hearing on the proposed regulations will be held on September 25, 2024.  Alternatively, members of the public may also submit written comment. Written comments should be submitted as attached pdf. files to [email protected], with the words BER Public Comment in the subject line.

Statewide Large Energy Building Reporting
GBREB NEWS

Changes In The Industry

Changes to real estate business practices are here, and we’re making revisions in the GBREB Forms Library to allow members to meet the terms of NAR’s settlement agreement as required by August 17, 2024.  Specifically, we’ve updated our Exclusive Agency, Exclusive Right to Sell, and Buyer Representation Agreements, as well as the standard form Purchase and Sale Agreements. The Offer to Purchase form also has been updated with a clause to allow buyers to request sellers to pay a buyer’s broker commission. 

For more information, resources and videos, visit our Forms Updates webpage. 
Changes In The Industry

New Report: Local Option Transfer Taxes Would Reduce Sales, Lower Property Values, Generate Minimal Revenue Study Highlights Alternative Ways Massachusetts Should Confront the Housing Crisis

Cities and towns implementing new real estate transfer taxes will lose as much 60 cents for every dollar in new taxes collected while further driving down local property values and doing little to solve the state’s housing crisis, says a new report authored by the Greater Boston Real Estate Board and Building Owners and Managers Association (BOMA) International, with research assistance from the Tufts University Center for State Policy Analysis.

Indeed, the research finds, a 2 percent tax on real estate sales last year would have produced an offsetting loss of nearly 60 cents for every dollar collected, a dramatic inefficiency in the proposals put forward by Boston and other communities, the report found.

The report, “Empowering Cities and Towns to Tackle the Housing Shortage,” highlights the negative impacts transfer taxes would have on the region’s residential and commercial real estate markets. The report notes how, for every one percentage point increase in the transfer tax, sales decline by seven or eight percent. Citing a study previously conducted by the city of Boston, “Empowering Cities and Towns” discusses how a one percent transfer tax lowers prices by one percent. Even when real estate sales are thriving, a Massachusetts community with a two percent transfer tax would lose 43 cents for every dollar they expect to raise.

The report is available for review at the website, MAHousingsolutions.com which breaks down the findings.

Empowering Cities and Towns to Tackle the Housing Shortage

New Study: More than 30 Percent of Massachusetts Communities Failing Housing Promises of Community Preservation Act Tufts Center for State Policy Analysis Finds Missed Opportunities to Address Housing Crisis

In the midst of a housing production crisis, more than a third of communities participating in the state’s Community Preservation Act are failing to meet the legal mandate that 10 percent of the assessment on -local property taxes be spent on housing, a new study from the Tufts Center for State Policy Analysis shows.

The report found that housing is receiving far less of the new funding than open space and recreation and historic preservation, which each have consistently drawn more than 40 percent of the funding, while housing projects consistently received less than 20 percent of all CPA funding.

“The Community Preservation Act can be a vital tool communities may use to increase housing production – they just need to fully use it,” Greg Vasil, CEO of the Greater Boston Real Estate Board, said. “We hope this analysis by Tufts and its recommendations shed light on ways that the CPA, a program we have supported since its inception, can be strengthened to create more housing and more meaningfully address the housing crisis.”

“Communities across Massachusetts must play their part in meeting affordable housing requirements and helping the state overcome the housing crisis,” said Kate Franco, Board Chair of the Greater Boston Real Estate Board. “By enforcing – and even strengthening – the CPA, the state has an opportunity to send a clear message that it is committed to making the Commonwealth of Massachusetts more affordable.”

The report, “Missed Opportunities: Funding Housing Through the Community Preservation Act,” analyzes how the 195 communities that have joined the CPA since it became law in 2000 are spending the program’s funds. The findings come as Massachusetts faces an unprecedented housing crisis that has contributed to the departure of more than 100,000 residents since the beginning of the COVID-19 pandemic, putting the long-term economic vitality of the region in jeopardy.

Under the program, municipalities may impose a surcharge on local property tax bills to fund – with the support of a partial state match – affordable housing, historic preservation, open space and recreation. Participating communities must commit to spend at least 10 percent of funding on each of those areas. The report found the program has worked to create affordable housing in urban and rural communities, but has been less successful in suburban areas, which have prioritized open space over housing development.

“Though the Community Preservation Act has proven incredibly popular across Massachusetts, our research reveals how serious gaps exist within the program that have dramatically impeded the creation and maintenance of affordable housing,” said Evan Horowitz, Executive Director of The Center for State Policy Analysis at Tufts University. “Our findings highlight how the state may improve the CPA to help the program reach its full potential, and make it a more pivotal tool in helping the state overcome the housing crisis.”

The report finds:

  • Since the CPA took effect, less than 5 percent of projects have involved the creation of new housing, with funds primarily going towards unit upkeep and maintenance.
  • When housing creation does occur, urban areas spend substantially more than suburban communities.
  • Towns appear to occasionally double-count homes produced.


Dozens of communities that placed CPA funds in housing trusts - municipal bank accounts - have not reported how these funds were later used, even though they are required to do so.

To boost housing production, the report recommends:

  • Offering additional state funds for cities and towns that commit at least 20 percent of their CPA dollars to affordable housing (or 10 percent to support new housing units). Municipalities meeting these higher thresholds could also be given priority access to state grants and subsidies.
  • Ensuring that all municipalities are meeting the minimum requirement to devote at least 10 percent of CPA revenue to affordable housing. Cities and towns falling below this threshold may need to support additional “make-up” housing projects moving forward.
  • Enforcing reporting requirements for housing trusts, including annual spending summaries and concrete project details.


The report is available for review at this new website, MAHousingsolutions.com which breaks down the findings and shows how participating communities are spending CPA funds.



Funding Housing Through the Community Preservation Act
 

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