Community

Benefit

Agreement

Resource Guide

What is a CBA?

PolicyLink CBA Definition, Cincinnati Action Tank Toolkit

A CBA, Community Benefits Agreement, is a legally enforceable contract between the developer of a proposed project and a coalition of community-based organizations that represent residents’ interests. In exchange, the community stakeholders agree to support (or at least remain neutral on) the project. The CBA allows the parties to incorporate new ideas and provisions outside the typical development deal between the developer and the local government. CBAs focus on commitments that benefit the community broadly, rather than just the organizations that negotiated the CBA.

Make Your Voice Heard

Community Benefits Agreements make sure developments benefit the members of a community and that their concerns are taken into account.

Why CBAs?

The Times - How community benefits agreements can empower residents

CBAs give community groups a voice when it comes to shaping projects. They empower communities to get access to opportunities and resources, as well as participate in the benefits from investments in clean energy, transit, affordable housing, pollution remediation, workforce training, and more. Through the CBA, the community can also demand a commitment to build local infrastructure, hire locals, and source locally. In summary, the CBA guarantees that the projects underway help out the communities they are intended for.

Best Practices:

Action Tank USA: CBA Toolkit (pages 6-7,11)

Research: The coalition should investigate the developer and the project they are carrying out to properly assess the harms and benefits of potential projects and decide on what is best for the community.

Engage the neighborhood: Inquire about community needs, interests, and requests for the project. Engage directly with community members and arrange for accessible meetings that will provide updates regarding the agenda of benefits the residents seek.

Negotiate: Before the negotiation starts, the coalition should determine the issues they want to advocate for and the concessions they are willing to make. Make sure the coalition is fully united on this front to maintain a strong negotiating position. Be prepared to think of creative solutions to disagreements that may arise. (4)

Graphic courtesy of the City Bureau. Learn more at www.citybureau.org/cba.

Fight NIMBY with CBAs

NIMBY stands for 'Not in my backyard' and represents a sentiment against developments within a community. Even when the projects could be beneficial to the community as is the case of renewable energy installations, affordable housing plans, and more. Having a Community Benefits Agreement in place involves the community in the development process, allowing them to negotiate an agreement with the developers in exchange for their support of the project.

Additionally, because of systemic racism, NIMBY-ism tends to push undesirable infrastructure to BIPOC and Low and Moderate Income communities. CBAs open communication avenues between the community and the developers, which means NIMBY-ism can be stopped before it begins. And before it inadvertently starts affecting BIPOC and LMI communities.

"[t]he cumulative effect of not-in-my-backyard (NIMBY) victories by environmentalists appears to have driven the unwanted facilities toward the more vulnerable groups. Black neighborhoods are especially vulnerable to the penetration of unwanted land uses .... NIMBY, like white racism, creates and perpetuates privileges for whites at the expense of people of color."

— Professor Robert D. Bullard

CBA Statistics and Public Opinion:

Make sure to avoid these when using a CBA

Not engaging many residents

A small coalition of community residents has less power and less leverage. It will also have less input from residents and thus be less likely to accurately represent the community as a whole. Make sure to reach out to as many residents and gather as much input as possible. This will make the likelihood of winning the CBA much higher.

Vague terms of contract

When the language outlining the commitments of the agreement is vague, it makes it harder to decide what is and isn’t in violation of the contract and therefore makes it harder to enforce. Make sure the CBA includes specific promises with a means to enforce them and outlined consequences. Be very specific when describing what people and communities the agreement is destined to help and include deadlines for the agreed-upon goals. This helps hold accountability in or out of court.

Not including community commitments

Unless there are promises from both parties, the CBA would not hold up in court. The community needs to list its obligations and fulfill them in order to sue for a breach of contract from the other party. An example of a promise would be to support the project the developer is carrying out.

Not following up on the CBA

After the CBA is established it is the responsibility of the community to monitor that the agreement is being upheld. Make sure to request data from the developer by specific dates and make sure that data is verifiable in order to assess if the agreements are being followed.

Let Us Help You!

Solar Stewards can help you through your CBA process.

We are a social enterprise based in Atlanta, GA that aims to foster an equitable energy transition. Through our projects, we connect organizations that foster equity in their local communities with private-sector investments.

In the process, we help these communities draft Community Benefits Agreements that align with the social impact initiatives that they lead. Minority-owned businesses, women-owned businesses, educators, affordable housing developers, non-profits, NGOs, and social enterprises are especially welcome to join us.

Solar Stewards’ CBA Guidebook

Want access to more information and resources? Check out Solar Stewards’ CBA Guidebook by clicking this link.

Frequently Asked Questions