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what is a community benefits agreement

by Candace Adams Published 3 years ago Updated 2 years ago
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Some of the benefits are listed in the table below:

Benefit Explanation
Communities participate in the project a ... The community interests will play a huge ...
The project approval procedure will be s ... The authorities will authorize the proje ...
Local partnerships get stronger The more cooperation and understanding b ...
The promises developers make are legally ... A written deal prevents the developer fr ...
May 18 2022

Full Answer

What is Community Benefits Agreement (CBA)?

A Community Benefits Agreement (CBA) is a project-specific agreement between a developer and a broad community coalition that details the project’s contributions to the community and ensures community support for the project.

What is a site-specific Community Benefits Agreement?

Site-specific community benefits agreements (CBAs) ensure that particular projects create opportunities for local workers and communities.

What are community benefits programs?

Community benefits programs can transform regions through stronger, more equitable economies. Community benefits help generate public support for economic development projects. Delivering community benefits is smart business. CBAs hold developers accountable for their promises to local governments and residents.

What is the People’s Guide to Community Benefits Agreements and alternatives?

The People’s Guide to Community Benefits Agreements and Alternatives informs, engages and equips Chicago residents to be active participants in the development process. Want to share this zine with your neighbors?

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What is the purpose of a community benefits agreement?

A Community Benefits Agreement is a contract between a developer and community-based organizations representing residents' interests. The agreement spells out the benefits the community will receive in return for supporting the developer's project in their neighborhood.

What are community benefits examples?

A community benefits policy is any policy adopted by a local government that requires community benefits on projects undertaken by the government or by a private developer. Common examples include living wage, local hiring, and affordable housing requirements for subsidized development.

What is the BC community benefits agreement?

B.C. Premier John Horgan announced July 16, 2018 that key infrastructure projects would be built under a new Community Benefits Agreement (CBA), which includes quotas for apprentices, preferential hiring of women and Indigenous workers, and a stipulation that workers on the projects must be unionized.

How are CBAs enforced?

To be enforceable, CBAs must be established between coalitions and developers; government officials cannot commit their offices to enforcing future conditions, and government is limited by the Supreme Court in what conditions it can apply.

What's an economic benefit?

Economic benefits are benefits that can be quantified in terms of money generated, such as net income, revenues, etc. It can also be money saved when discussing a policy to reduce costs.

Who is BCIB?

BC Infrastructure Benefits (BCIB), established in 2018, is the Crown corporation accountable for implementing the Community Benefits Agreement (CBA) on select public infrastructure projects.

How do I get out of a collective bargaining agreement?

The employer can notify the union—within a reasonable time before the CBA expires—that it plans to withdraw its recognition of the union when the contract ends. This is called anticipatory withdrawal. After announcing its intent to withdraw recognition, the employer can decline to bargain for a new CBA.

How long is the term of a CBA?

5 yearsWhat is the lifetime of a CBA? With respect to representation aspect, the CBA lasts for 5 years. However, not later than 3 years after the execution of the CBA, the economic provisions shall be renegotiated.

Are collective bargaining agreements legally binding contracts?

Collective bargaining results in a collective bargaining agreement (CBA), a legally binding agreement that lays out policies agreed to by management and labor. Because of its role in governing the actions of both management and labor, a CBA is often referred to as the “law” of the workplace.

What is the purpose of the Community Benefits Movement?

Related to smart growth and environmental justice, the community benefits movement aims to ensure that the main purpose of economic development is to bring measurable, permanent improvements to the lives of affected residents , particularly those in low-income neighborhoods and communities of color.

What is a CBA contract?

The CBA contract model allows each particular CBA to be tailored to the community's needs, the size and type of the proposed development, and the relative bargaining power of the community groups and the developer. Benefits may be provided by the developer itself, or a CBA may require the developer to impose CBA provisions on its tenants, vendors, and contractors. Typically, CBAs include job quality standards, local hiring programs, and affordable housing requirements.

What are the benefits of a CBA?

Typically, CBAs include job quality standards, local hiring programs, and affordable housing requirements. Other benefits include, among other things:

Why is a CBA negotiation important?

Having a CBA negotiation process can help to address these problems, providing a forum for all parts of an affected community.

What is Section 37?

In the United Kingdom, Section 106 agreements and in Canada, "Section 37" agreements similarly require certain benefits from developers, but differ from CBAs in that they are part of development agreements with governments, not communities.

What is a CBA in real estate?

A community benefits agreement ( CBA) in the United States is a contract signed by community groups and a real estate developer that requires the developer to provide specific amenities and/or mitigations to the local community or neighborhood. In exchange, the community groups agree to publicly support the project, or at least not oppose it.

What are the benefits of a responsible contractor?

Other benefits include, among other things: Provisions prohibiting developers from hiring contractors that have violated labor or other occupational laws (known as "responsible contractor" provisions) Space set-asides for neighborhood organizations, community centers, child-care centers, and other non-profits.

What is site specific community benefits agreement?

Site-specific community benefits agreements (CBAs) ensure that particular projects create opportunities for local workers and communities. Often, however, these projects change the city's development paradigm; when decision makers realize what well-considered projects with specific benefits attached can bring to the community, ...

What is community benefits policy?

A community benefits policy is any policy adopted by a local government that requires community benefits on projects undertaken by the government or by a private developer. Common examples include living wage, local hiring, and affordable housing requirements for subsidized development. Cities sometimes chose to adopt community benefits policies ...

Why is a CBA important?

First, the process of negotiating a CBA allows for a more constructive and collaborative conversation about meeting community needs than the often adversarial and highly structured hearings that are part of a local government’s project approval process.

What is a CBA?

A Community Benefits Agreement or "CBA" is a contract signed by community groups and a real estate developer that requires the developer to provide specific amenities and/or mitigations to the local community or neighborhood.

What is private agreement?

Second, a private agreement is free from certain critical legal constraints that apply to government conditions on development projects, so the community and the developer may negotiate over a wide variety of deal points and come up with creative approaches.

Why is community benefit important?

Community benefits help generate public support for economic development projects. Delivering community benefits is smart business. CBAs hold developers accountable for their promises to local governments and residents. Public input results in better projects that benefit the whole community and attract local customers.

What are some examples of community benefits?

Community benefits policies attach standards to subsidized development and other economic activity with which a city has a relationship like public works or projects on city-leased land. Living wage ordinances, targeted hiring requirements, and mixed-income housing requirements are examples of community benefits standards.

What is a Community Benefits Agreement?

A Community Benefits Agreement or “CBA” is a contract signed by community groups and a real estate developer that requires the developer to provide specific amenities and/or mitigations to the local community or neighborhood.

Why the Community Benefits Model Works

Community benefits tools maximize returns on local government investment in development.

What Is the Purpose of Community Benefits Agreements?

A community benefits agreement (CBA) is a legally binding document between local community-based coalitions and a project developer.

The Effects of the Community Benefits Contract

Successfully executed community benefits agreement can protect and improve:

What Are the Advantages of Community Benefit Agreements?

Community benefits contracts can improve the communication between developers and community members. Some of the benefits are listed in the table below:

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What are the steps to creating a CBA?

The process for setting up a CBA isn’t a one-size-fits-all scenario. We spoke with a few CBA veterans to create this list of key steps.

Step One: Research

Who is the developer and have they made any public statements about working with the local community? Where and when is the development slated to open? Sometimes a developer is open to negotiating community benefits from the beginning, and they will proactively work with community groups to host meetings and create an agreement.

Step Three: Connect with other communities and form a coalition

Reach out to existing organizations and networks to garner support outside your own bubble. Who else might be affected by this development? People in your original group might have contacts that you don’t have, and momentum from your first meetings might encourage people to attend who were not interested when you reached out originally.

Step Four: Strengthen your draft CBA with expert testimony and data

Have an expert, such as public health and housing researchers, chime in. They can provide statistical data to back up the community’s arguments for what they are asking for, or for what they see as a threat.

Step Five: Form a negotiation team

While forming a broad coalition is important, it helps to have a core group of community members who function as a steering committee and/or negotiation team. This group can include legal counsel and experienced negotiators to address legal issues, but it must be reflective of the community.

Step Six: Negotiate with developers

This process varies wildly, depending on the willingness of the developer to work with the community. An initial conversation with a developer could be a simple information exchange that establishes communication lines. Here is where the negotiation plan and strategy, agreed upon by the coalition, will come in handy.

Step Seven: Monitoring and enforcement

If the community group is able to win a CBA, members of the coalition need to monitor the developer over time to make sure it is following through on its promises.

What is a community benefit report?

Community Benefit Report is the document stating activities accomplished by the NAC, the developer and the city including the proposed benefits of the NAC and the responses given by the Developer. The Community Benefit Report is sent to the City for examination before the City calls for a final agreement, which will become a Community Benefits Agreement. At this date, in Detroit, Community Benefits Reports have been completed for 5 projects out of 7. However, there is not yet a finalized and signed (but pending) Community Benefit Agreements (CBA) in Detroit.

What is the NAC in CBA?

The NAC is key in the CBA process. NAC is charged with advising the developer of concerns within the community impacted by a proposed development. They are the eyes and ears of community concerns on how a development affects their well-being, convenience, and livelihood.

What is a CBA?

share. Community benefits agreement (CBA) campaigns have become commonplace nationwide as a way to address income inequality in poor neighborhoods. A CBA is a contract between a coalition of community groups and a developer in which the developer agrees to provide a slate of economic benefits in exchange for the coalition's promise not ...

When was the CBA negotiated?

The CBA negotiated around the development of L.A. Live, a large entertainment complex in Los Angeles in 2001, is considered the first major CBA benefiting low-income communities.

What percentage of employees must be local residents?

Local hiring, training, and living wages. A majority of employees hired for operations, and at least 25 percent of all employees, must be local residents who were formerly incarcerated or are currently unemployed or underemployed.

When was the Kingsbridge Armory Redevelopment Alliance formed?

Meanwhile, in anticipation of the armory being shifted to city ownership, the Kingsbridge Armory Redevelopment Alliance (KARA) was formed in the late 1980s to unite various community stakeholders around a goal of ensuring that the economic benefits of any armory redevelopment stayed in the community.

When did the CBA start?

The CBA movement has its roots in the early 2000s with the efforts of community coalitions to secure living wages, local hiring, and green building requirements for low-income communities that traditionally have been left out of the development planning process for their own neighborhoods.

Do community benefits agreements benefit communities?

So, do community benefits agreements benefit communities? Based on the Kingsbridge National Ice Center CBA case study, the answer is yes : CBAs can benefit communities when an inclusive and representative community coalition negotiates with a developer to reach a binding CBA without government as a party to the agreement. Although it is an open question at the moment whether the Kingsbridge National Ice Center will be developed and the terms of the CBA executed, the model for community coalition involvement and negotiation with a developer is a powerful one that has the potential for significant impact. There are many other CBA campaign examples that show how communities are working to share economic benefits and avoid displacement of neighborhood residents.

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Overview

A community benefits agreement (CBA) in the United States is a contract signed by community groups and a real estate developer that requires the developer to provide specific amenities and/or mitigations to the local community or neighborhood. In exchange, the community groups agree to publicly support the project, or at least not oppose it. Often, negotiating a CBA relies heavily upon the formation of a multi-issue, broad based community coalition including commu…

Purposes

Economic development projects are often heavily subsidized by taxpayer dollars, but there is usually no guarantee that a project's "ripple effects" will benefit current residents. Developments can cause inner-city gentrification, pushing out low-income residents as housing prices rise, or they may create only low-wage retail and service sector jobs. As a result, many metropolitan regions continue to experience problems related to poverty and housing, despite major investmen…

The community benefits movement

As local governments grappled with their responsibility to shape development and land use patterns, the community benefits movement emerged to challenge conventional thinking and offer a broader vision. Related to smart growth and environmental justice, the community benefits movement aims to ensure that the main purpose of economic development is to bring measurable, permanent improvements to the lives of affected residents, particularly those in lo…

CBA coalitions

At the heart of the community benefits strategy are community organizing and coalition building. Organizing and maintaining a coalition, facilitating compromise and crafting a shared agenda are essential to creating a successful CBA. Coalitions can include a variety of community groups, such as neighborhood groups, environmental organizations, good-government organizations, labor unions, and faith-based organizations. Coalitions are usually unincorporated, but member …

CBA negotiations

Typically, negotiations between a CBA coalition and a developer begin after a project has been announced but prior to governmental approval. However, there are examples of legislative CBA requirements attached to subsidies that impose community benefit standards on land within particular districts. For example, developers participating in the Atlanta Beltline project that opt to use tax increment financing are required to incorporate community benefits through a developm…

Possible benefits

The CBA contract model allows each particular CBA to be tailored to the community's needs, the size and type of the proposed development, and the relative bargaining power of the community groups and the developer. Benefits may be provided by the developer itself, or a CBA may require the developer to impose CBA provisions on its tenants, vendors, and contractors. Typically, CBAs include job quality standards, local hiring programs, and affordable housing requirements.

Monitoring

Community groups should consider how each provision in a CBA will be monitored and enforced. Although financial commitments and other one-time benefits may be fairly easy to monitor, other developer and tenant commitments, such as living wage and local hiring requirements, may be in place for decades and require long-term oversight. To address this issue, CBAs have included periodic reporting and disclosure requirements, complaint investigation mechanisms, and provis…

Enforcement

As a CBA is a legally binding contract, it can be enforced only by the parties that signed it. CBAs that are incorporated into development agreements can be enforced by the government as well as by community groups. There is no case law regarding the validity and enforceability of CBAs. Donald Trump's 1993 CBA-like contract relating to the New York City Riverside South project was the subject of a 2008 New York Appellate Division opinion, but the court held that the contract's t…

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