How a Wisconsin Bill Could Affect Green, Commercial Real Estate

As I wrote this post, a ninth day of demonstrations had concluded in Wisconsin over Governor Scott Walker’s "budget repair" bill (pdf) to restrict the collective bargaining rights of general state and local employees, teachers and certain healthcare, homecare and childcare providers. (Here's a summary of the bill.)

With state governments strapped for cash, similar disputes are developing in Ohio, Indiana and elsewhere.

As a budget-balancing move, Walker’s legislation is suspect, if only because the bill excludes public safety employees from the givebacks imposed on other state and municipal workers.

Another clause (Section 16.896) might also cost Wisconsin big bucks, as it permits the state to “sell any state-owned heating, cooling, and power plant or … contract with a private entity for the operation of any such plant, with or without solicitation of bids, for any amount … determine(d) to be in the best interest of the state” (emphasis added). A no-bid loophole for the operation and sale of substantial public facilities is a pretty odd provision to insert in a budget repair measure.

You may have read about the pros and cons of the Wisconsin collective bargaining bill.

Count me among those who, like Wisconsin’s public employee unions, concur in the wisdom of proposed increases to worker contributions to health and pension plans, especially in the midst of a fiscal crisis. But in my mind, the Wisconsin bill goes too far by stripping collective bargaining rights from many workers and restricting the negotiations to base wages. (According to a new USA Today/Gallup poll, 61 percent of Americans agree with me.)

Other provisions, including a reduction in the length of public employee collective bargaining agreements from two years to one and the prohibition of paycheck deductions for union dues, would have little or no immediate fiscal impact, but would exert a chilling effect on union activity.

What you probably haven’t read elsewhere is that bills like Walker’s are likely to substantially diminish the amount of investment capital available to the commercial real estate industry, including the green real estate sector. That’s because public employee retirement plans are key investors in the commercial real estate who have frequently welcomed investment in green real estate projects that yield market rates of return. 

As of February 2011, public employee pension plans held $2.8 trillion in assets, according to the National Association of State Retirement Administrators.