NAIOP Colorado

Announcing Government Affairs Leadership Change

submitted by NAIOP Colorado Chapter Board of Directors

Bob Moody will be stepping down as the Vice President of Governmental Affairs for the NAIOP Colorado Chapter to broaden his engagement in the public policy arena and to expand his legislative, political and election related activities benefiting the business and real estate communities he cares so much about.  As such, Bob Moody will no longer directly represent NAIOP as its in-house Vice President for Government Affairs; however, Bob has agreed to transition his role through the remainder of June and to advise NAIOP as Chairman of C3 through the balance of 2011.
 
NAIOP would like to thank Bob for his long association with NAIOP both as a member and a volunteer leader (the only two-time President of the Chapter).  In 2000, NAIOP decided it was necessary to develop a full-time legislative advocacy program and the Common Cents Fund (CCF) was born.  As the director of CCF and the person responsible for its development, Bob Moody has insured that the commercial real estate industry is well positioned for the future.  Over the past 11 years Bob has had a steady hand at the helm of the public policy debate as it surrounded our industry.  Bob has brought together an impressive team of NAIOP volunteers, industry leaders, community leaders and expert lobbyists, all with the intent of insuring that the commercial real estate industry is strong and protected and has a respected voice in the public policy debate. 
 
NAIOP and its leadership are dedicated to the continued success of the chapter and its focus on education, networking and legislative advocacy.  Kathie Barstnar has been the Executive Director of NAIOP Colorado since 1999 and will be assuming the responsibility for directing and managing the organization's legislative and lobbying efforts effective June 1, 2011, including NAIOP's important work with Axiom.  She was instrumental in assisting Bob Moody in the development and successful implementation of the legislative advocacy process and the CCF and was named as the future leader in the succession plan developed in 2008.  Kathie has a Bachelors of Science Degree in Political Science and is a 2010 graduate of the Leadership Program of the Rockies.  This background and her familiarity with the program will ensure that NAIOP Colorado will continue to be the voice for commercial real estate development into the foreseeable future.
 
For more information, please contact Kathie Barstnar at the NAIOP Office at 303.782.0155.

Day at the Capitol Event Recap

NAIOP, the International Council of Shopping Centers and the Colorado Apartment Association co-hosted a Day at the Capitol for their respective members on Monday, March 7.  The half-day event featured short speeches by several prominent figures within the Colorado Government including:

• Senator Mark Scheffel – Senate Minority Caucus Chair, and NAIOP legislator of the year
• Representative Amy Stephens - House Majority Leader
• Representative Sal Pace - House Minority Leader
• Representative Tom Massey
• Representative Jerry Sonnenberg
• Representative David Balmer
• Henry Sobanet - Director, Governor’s Office of State Planning and Budgeting      
• Walker Stapleton - State Treasurer                          

ReENERGYze Your Real Estate Education Series Wraps Up!

by Blair Daniels, Brownstein Hyatt Farber Schreck

The fifth and final session in NAIOP Colorado's "ReENERGYze Your Real Estate" Education Series, held on September 22, 2010 at ProLogis, focused on the myriad of public policy, legislative and regulatory issues affecting the future of renewable energy, advanced biofuels, climate change initiatives and clean technology from a global, national and statewide perspective. 

David Bernhardt, a Shareholder in Brownstein Hyatt Farber Schreck's Washington D.C. office and member of the firm's Natural Resources, Government Relations and Litigation practice groups, discussed the inherent challenges of drafting meaningful renewable energy legislation based on the numerous stakeholders working in the United States Congress, the White House and related federal agencies and explained the "life cycle" of the most recent renewable energy legislation passed by the United States Congress.  Additionally, David provided insight as to the potential effect of the November 2010 election on future renewable energy legislation. 

Mike McAdams, President of the American Biofuels Association and Policy Director in Brownstein Hyatt Farber Schreck's Washington D.C. office, discussed the diverse array of second generation biofuel technologies and the need for the federal government to promulgate functional, fair policy initiatives to support the further development of such technologies.  David and Mike encouraged attendees to engage in a lively question and answer session, where the group focused on public policy and international issues related to renewable energy and solutions for the future.  Attendees were urged to participate in influencing policy decisions by joining NAIOP-Colorado's Legislative Affairs Committee, contributing to its Common Cents Fund and supporting NAIOP's lobbying efforts in Washington D.C. through their membership dues and contributions.   

Wall Street Journal article on Climate Change legislation

On Wednesday, June 9^th,we sent a Legislative Alert urging you to contact Senators Udall and Bennett regarding climate change and the Environmental Protection Agency.  Click Here to read a follow-up article that was printed today in the Wall Street Journal.  If you haven’t had a chance to read yesterday’s Legislative Alert, or have not received it, you can click here to read more details about this legislation. 

Xcel Environmental Tariff Intervention - PUC Victory

Submitted by John Logan and Bob Moody

NAIOP Colorado, Fitzsimmons, Forest City Stapleton, The Lionstone Group, BOMA, the Colorado Association of Home Builders and the Colorado Association of REALTORS joined forces to intervene in an Environmental Tariff proposal submitted by Xcel Energy to the Public Utilities Commission (PUC).  Yesterday, the PUC issued its final decision.

Bottom Line: PUC found that Xcel Energy failed to justify its Environmental Tariff

PUC confirmed its earlier oral determination that Xcel Energy had failed to meet the burden of proof necessary to justify the tariff:

"Public Service has attempted to limit the Commission's discretion, forcing the Commission to accept the entire proposal, or nothing at all.  There are portions of the proposal that are reasonable and consistent with statutory standards.  However, when taken as a whole, the proposal is significantly flawed, and Public Service's arguments in support of the tariff are insufficient to justify its problematic language . . .

The Commission agrees with NAIOP's position that, while some reasonable uniform language would be beneficial to many customers, the proffered proposal essentially does more harm than good . . ."

[Note that PUC's use of "NAIOP" is shorthand for our entire intervener group and the joint efforts of all of our witnesses.]

PUC struck the entirety of the tariff, leaving nothing of Xcel Energy's proposal in force.  However, the PUC recognized that the parties need additional guidance on the reasonableness of elements of the Xcel Energy proposal to govern case-by-case negotiations or a future effort to develop a more reasonable, limited tariff.

Due to this recognition, NAIOP and the intervener partners are continuing with our efforts to pass legislation during the 2010 session which would provide this additional guidance.  This proactive use of legislation would prevent another tariff intervention from being necessary (which would be very costly).

If you want more details on this issue, we have attached a fact sheet which will give you an overview of the tariff and the process.  We have also attached the full PUC decision (all 110 pages!) if you would like to review the details (which start on page 59) along with a recap from the primary attorney.  Additionally, here is a link to the legislation as currently introduced at the legislature (HB10-1187).

This effort was a tremendous victory for the Commercial Real Estate Industry and particularly as it relates to the much needed redevelopment of brownfield sites.

NAIOP Colorado thanks its intervener partners for their willingness to take on this tough issue and the financial ramifications of the legal battle before the PUC.  Special thanks to our attorneys Kaplan & Kirsch (John Putnam and Polly Jessen) who did an outstanding job for the intervener group. If you would like to help defray the remaining costs of this effort (nearly $60,000), please contact the NAIOP office.

If you have any questions or comments, please don't hesitate to give one of us a call.

John Logan
2010 Legislative Affairs Chair
(303) 740-7200
jlogan@lafflaw.com

Bob Moody
Vice President for Government Affairs
(303) 782-0155
rmoody@wmrdenver.com

Kathie Barstnar
Executive Director
(303) 782-0155
kbarstnar@wmrdenver.com

 

Call for Submissions: 2009 NAIOP Colorado Awards of Achievement

NAIOP Colorado will honor the members among us in the Commercial Estate Industry who have been selected as the "Best of the Best" at the 2009 Annual Awards of Achievement Luncheon scheduled for February 18, 2010 at the Denver Center for the Performing Arts’ Seawell Ballroom.  Be sure to nominate your project or broker by Wednesday, January 6, 2010!

 

Brokerage Categories include:

• Office Broker of the Year
• Industrial Broker of the Year
• Investment Broker of the Year
• Land Broker of the Year
• Retail Broker of the Year
• Broker Outstanding Achievement Award

 Development Categories include:

• Office Development of the Year
• Industrial Development of the Year
• Mixed Use Development of the Year
• Development of the Year
• Owner/Developer of the Year
• Special Development of the Year

All nomination forms and supporting information must be submitted to the NAIOP Colorado Chapter office on or before Wednesday, January 6, 2010.  Click Here for the award criteria and nomination forms.

 

Any materials received on or after January 7, 2010 will not be accepted.  Specific information about what must be submitted is listed in detail on the Broker and Developer Submission Check Lists.  In order to submit a nomination, you must be a member of the NAIOP Colorado Chapter.  Questions regarding the awards program may be addressed to Kathie Barstnar or Jayma File at the NAIOP chapter office at 303.782.0155. 

 

We look forward to receiving your nominations prior to January 6th, and to sharing the winners with you at our Awards Luncheon on February 18, 2010.  For ticket information, please contact the NAIOP office at 303.782.0155.

Announcing 2009 Virtual Property Tour of Downtown Denver & CBD Update

Join the NAIOP Colorado Chapter and major sponsor Security Title Guaranty Company on Tuesday, September 22, 2009 from 5:00 to 7:30 pm at the Newman Center for the Performing Arts (located at the University of Denver) for the 2009 Virtual Property Tour of Downtown Denver and Central Business Districut Update. 

This unique media experience will feature new and ongoing projects in downtown Denver.  Including a variety of commercial, mixed use, residential and hotels such as:
 
- 17th & Larimer Centennial Realty Advisors
- 1899 Wynkoop Centennial Realty Advisors
- Parkway Office Centre DPC Development
- 1800 Glenarm Fuller Real Estate
- Trinity Place The Broe Group
- SugarCube JE Dunn
- Granite Tower Granite Properties
- Denver Place LBA Realty
- Hilton Garden Inn Downtown Stonebridge Companies
- Hilton Garden Inn Cherry Creek Stonebridge Companies
- Tower Private Residences Four Seasons
- Glass House JE Dunn
- Republic Plaza Brookefield Properties
- Dominion Tower CB Richard Ellis
- US Bank Tower CB Richard Ellis
- Mile High Center The Broe Group
- The Spire JE Dunn

See what's going on with the Denver Zoning Commission.  Plus, hear a market update on the various real estate segments in downtown featuring Tom Clark of Metro Denver Economic Development Corporation and Tami Door of Downtown Denver Partnership.  Mr. Clark and Ms. Door will also share commentary on key issues and enticements for owners, investors and developers considering a downtown project.
 
No live presentations!  All pre-recorded in just under 60 minutes!  Register by September 8 and pay reduced registration rates!
 
Click Here for more information or to register now! Or, Click Here for a printable registration form.

Additional marketing opportunities are still available!  Include your company’s full or half page ad in our onsite event program.  For more details, contact Jayma File of NAIOP at (303) 782–0155 or jfile@wmrdenver.com.

August Green Series Meeting: The Legalities

Submitted by Dan Cohen, Urban Investment Group

On Wednesday, August 19th, the NAIOP Green Series Education Committee held its fourth session of this year’s Sustainability Series, “Going Green to Find Gold in Your Existing Building.” This five-part breakfast series is designed for building owners, property managers, real estate professionals, developers and others who want to build on last year’s green series with additional, pertinent and to-the-point subject matter on the particulars of “greening up” an existing building. Session Four, “The Legalities," was organized by Dan Cohen, formerly a Vice President with Catellus Development, now with his own firm, Urban Investment Group.

The session included three speakers. Carolynne White, a land use attorney with Brownstein Hyatt Farber Schreck, gave a presentation entitled: "The Legalities: The Regulatory Environment." The presentation was an overview of the current regulatory environment at the federal, State, and local levels with regard to regulation and funding for energy efficiency plans and improvements. At the federal level, Ms. White discussed a variety of programs, including funding headed to Colorado cities from the Energy Efficiency and Conservation Block Grant (EECBG) program. At the State level, Ms. White explained a number of bills considered or passed and indicated that most of the State's climate action efforts are actually implemented at the local level. At the local level, the trend in Colorado is for more green building regulations. Cities such as Denver, Aurora, Lakewood, and Wheat Ridge are all amending their codes. Ms. White closed with the prediction that the trend will be for more regulation in the future in Colorado.  Click here to see Ms. White’s presentation materials.

NAIOP Colorado, Xcel Energy and Denver Water Launch Precedent-Setting Partnership to Promote Commercial-Sector Conservation

 Three of Colorado’s leading organizations, NAIOP Colorado, Xcel Energy and Denver Water, have formed a groundbreaking partnership to promote energy and water conservation in office buildings, warehouses and other commercial real estate in the Denver metropolitan area.  Known as ResourceSmart Colorado, this program aims to make a significant difference in improving the energy and water efficiency of Colorado’s commercial real estate sector.

“By bringing together two of the region’s largest utilities with NAIOP Colorado, ResourceSmart Colorado has the potential to create unprecedented change in promoting greener, more environmentally friendly practices in Colorado’s commercial buildings,” said Kathie Barstnar, executive director of NAIOP Colorado. “The program will give the key decision-makers of the commercial real estate industry the tools they need to implement the best, most cost-effective conservation programs and cutting-edge green building practices. It’s a win-win for all involved.”

The United States commercial real estate sector uses a tremendous amount of energy and water. Commercial buildings consume 36 percent of all electricity produced in the country and use an estimated 10 billion gallons of water each day in the United States.  In the Denver Metro area alone, Denver Water’s commercial customers use more than 14.7 billion gallons of water annually — enough water to pour one foot of water onto 45,000 football fields. 

Both Xcel Energy and Denver Water have made commercial-sector conservation a priority and offer a variety of related programs and incentives, including audits and financial incentives for customers who switch to more efficient technologies. While these programs have been successful, the challenge has been making sure that the right people in the commercial real estate sector know about them.  That is where NAIOP Colorado, the Commercial Real Estate Development Association, came in. 

NAIOP’s Colorado chapter is one of the largest and most active chapters in the country, with nearly 800 members representing the owners and key decision-makers in the region’s commercial real estate industry. After some initial discussions with Denver Water and Xcel Energy, it became readily apparent that by working together, these three entities could make significant strides in saving water and energy while also helping local businesses to lower their costs and improve their bottom line. 

Governor Bill Ritter, whose administration has been a champion of climate change issues, has already voiced his enthusiastic support of the partnership. He said: “In this time of increasingly scarce natural resources, it is more important than ever for commercial buildings to be as efficient as they can be.  This unprecedented partnership will not only help the environment, it will also help Colorado’s economy by enabling businesses to save money on utility costs.”

Through ResourceSmart Colorado, the Colorado chapter of NAIOP will work with both utilities to promote the need to conserve energy and water and to make its members aware of the programs and incentives that are available. This will be achieved through a variety of forums, events, programs and communication tools. As a part of the program’s launch, NAIOP Colorado plans to:

• Launch a new Web site devoted specifically to water and energy conservation, providing tips, conservation incentives and more;
• Host a breakfast meeting on Oct. 13 for NAIOP Colorado members to learn about the programs and incentives each utility offers;
• Act as a facilitator in bringing individual commercial real estate companies together with Xcel Energy and Denver Water for one-on-one consultations; and
• Identify additional opportunities to educate NAIOP Colorado members of the many conservation programs that Denver Water and Xcel Energy offer.

                                                                                               Additional initiatives in conjunction with ResourceSmart Colorado will be announced in the coming months. For more information about the program, or to schedule an interview with a representative from NAIOP Colorado, Denver Water or Xcel Energy, contact Megan Lane from GBSM at (303) 825-6100, Stacy Chesney from Denver Water at (720) 232-7214, Mark Stutz from Xcel Energy at (303) 294-2300 or Kathie Barstnar from NAIOP Colorado at (303) 782-0155.

ABOUT THE PARTNERS

NAIOP Colorado is a chapter of NAIOP, the Commercial Real Estate Development Association, and it comprises nearly 800 members serving the market.  NAIOP is the leading organization for developers, owners and related professionals in office, industrial and mixed-use real estate, with 15,000 members in North America.  NAIOP advances responsible commercial real estate development and advocates for effective public policy. For more information, visit www.naiop-colorado.org.

Denver Water proudly serves high-quality water and promotes its efficient use to 1.3 million people in the city of Denver and many surrounding suburbs. Established in 1918, the utility is a public agency not funded by taxes, but by water rates and new tap fees. It is Colorado's oldest and largest water utility.

Xcel Energy (NYSE: XEL) is a major U.S. electricity and natural gas company with regulated operations in eight Western and Midwestern states. Xcel Energy provides a comprehensive portfolio of energy-related products and services to 3.4 million electricity customers and 1.9 million natural gas customers through its regulated operating companies. Company headquarters are located in Minneapolis. More information is available at www.xcelenergy.com.

NAIOP joins Xcel Energy, Denver Water to be ResourceSmart

Submitted by Kathie Barstnar, NAIOP Colorado Executive Director

NAIOP-Colorado’s ResourceSmart Colorado initiative is a precedent-setting program bringing together  three leading Colorado organizations in pursuit of a common goal: to make office buildings, warehouses and other commercial real estate in the Denver-metro area more energy and water-efficient.  By joining forces, these three organizations have a unique opportunity to reduce the amount of valuable resources consumed in Colorado’s commercial buildings:

• The Colorado chapter of NAIOP, the Commercial Real Estate Development Association, is one of the largest and most active chapters in the country with approximately 850 members representing the owners and key decision-makers of the region’s commercial real estate industry.

• Xcel Energy is Colorado’s largest electricity and natural gas utility, serving more than 1.6 million customers. Its business customers in Colorado consume more than 19 billion kilowatt hours of electricity and 414 million therms of natural gas each year.

• Denver Water serves more than 1.3 million customers in the Denver metro area. Its customers use more than 225,000 acre feet of water each year, 20 percent of which is used by the commercial sector.

By coming together, these three groups have the ability to make a real difference in improving the energy and water efficiency of Colorado’s commercial real estate.