• Established in 1972 · CBPA has over four decades of service to the commercial industrial retail real estate industry
  • Archive for August, 2011

    Aug 24

    ENERGY COMMISSION STANDARDS DEVELOPMENT WORKSHOPS WIND DOWN

    Posted by Crystal Whitfield | No Comments

    The California Energy Commission has conducted the last of 15 workshops aimed at gathering public comment on proposed changes to their energy efficiency standards.  Of the numerous changes being proposed, the CEC would like to require non-residential building compliance documentation to be filed in the CEC’s on-line compliance registry.  This is already required for residential buildings, but the process has been very “bumpy” as the on-line filing system used by the CEC does not allow for most common project plan-changes to be added once the process has started.   

    After taking comments from the public, the CEC Staff will begin the preparation of formal regulatory language that will be released to the public in late-September or October.  The CEC plans to formally adopt new standards in March of 2012 and for the standards to take effect statewide on January 1, 2014.

    Aug 24

    ATTEMPTS TO CHANGE THE DEFINITION OF “WETLAND” CAUSES STIR

    Posted by Crystal Whitfield | No Comments

    As part of a large coalition of job producers, we have written Governor Brown to express concern about a recent proposal by the State Water Resources Control Board to change the state definition of “wetlands.” The proposed change is pre-emptive of a recently convened federal discussion on wetlands and could have significant impacts on public and private property, transportation and other development projects, throughout the state.

    We hope the Governor will consider intervening with the State Water Board and ask that they await the outcome of federal action before creating a new statewide standard that is duplicative or could lead to litigation and delays.

    The proposed change not only substantially broadens the lands that could potentially be affected, but – because it would be substantially out of sync with a well-established federal definition of wetlands – it might double the permitting burden for projects, slowing the process of transportation and building projects, including the expenditure of state bond funds. Slowing the expenditure of public and private building funds will have a significant jobs impact on the state.

    Aug 24

    DESPITE WIDESPREAD OPPOSITION TO BOTH AB 350 AND SB 469 THEY CONTINUE TO MOVE

    Posted by Crystal Whitfield | No Comments

    Despite all of the attention and scorn heaped on these two bills, they both have very powerful union sponsors and they continue to fly through the Legislature on party line votes. They will continue to do so unless you call your legislators and let them know you are watching these issues closely and hope they will help defeat these anti-business anti-jobs measures.

    Aug 24

    ***ACTION*** TELL LEGISLATORS YOU OPPOSE ANTI-DEVOLOPMENT BILL – SB 469!

    Posted by Crystal Whitfield | No Comments

    Another bill we have been working on very hard also moved this week passing the Assembly Appropriations Committee on another party-line vote. SB 469 (Juan Vargas; D-San Diego) would require additional economic and community impact analyses for retail developments that are 90,000 feet or larger and sell groceries.  The open secret in the Capitol is that the purpose of this bill is to allow certain company’s projects to more easily be harassed by activists.

    We need your help now to communicate with legislators that this bad bill should be stopped on the Assembly Floor. Click here, then go to “get involved” to send a letter.  

    Recently the president of the Independent Cities Association wrote an editorial clearly articulating reasons why SB 469 is bad policy, that would not only hurt the overall economy, but make it more difficult for local leaders to choose what is best for their communities. Click here to read the full op/ed.

    Aug 24

    TWENTY MAJOR NEWSPAPERS URGE DEFEAT OF AB 350

    Posted by Crystal Whitfield | No Comments

    Major daily newspapers up and down the state are urging the Legislature to defeat the special interest union bill carried by Mr. Solorio. It seems the rhetoric used to push the bill is as transparent to them as it is to people in our industry, and the bill is being called everything from “perverse” to “frivolous” to “just plain wrong.”

    The SF Chronicle is one of the latest to blast the bill, “Jerry Brown should veto union job-protection bill.”

    Click here to see all the newspapers editorials opposing this bad bill.

    Aug 24

    ***ACTION*** DOWN TO THE WIRE ON AB 350 – ACT NOW OR LIVE WITH A BAD LAW!

    Posted by Crystal Whitfield | No Comments

    AB 350 (Solorio; D-Santa Ana), one of the most far-reaching pieces of legislation to impact the commercial property industry in a long time, passed the Senate Appropriations Committee on a party line vote this week and is now headed to the Floor of the Senate. The bill will to be voted on next week. If we don’t stop it now it could be headed to the Governor in less than two weeks.

    Under AB 350, any time a service provider gets a new contract, they will be forced to hire the prior contractor’s employees. 20 papers have editorialized against the bill and more than 100 groups are opposed, but we won’t win this fight without the support of the entire industry. Please take a few minutes to call your senator today; click here for more information about how you can help defeat AB 350.

    Aug 19

    ENERGY COMMISSION CALENDAR FOR REG HEARINGS

    Posted by Crystal Whitfield | No Comments

    The California Energy Commission will be conducting its final “informal workshop” on Tuesday, August 23, wherein potential changes to California’s energy efficiency building standards will be discussed. 

    The meeting on August 23 will focus on a host of residential issues including items related to solar energy, HVAC systems and required compliance documentation. The CEC staff will then spend most of September developing a draft set of revised regulations which will be made available to the public on September 30th. The CEC will then conduct one or more formal hearings prior to the release of the formal regulatory package on December 2. 

    It is the CEC’s goal to have new standards adopted by March or April of 2012. These updated standards would then need to gain approval from the Building Standards Commission prior to taking effect statewide on January 1, 2014.

    These regulations will impact your company.   We are following the procedures but need experts from our industry to be more involved. Email us to find out what you can do.

    Aug 19

    ACHIEVING ENERGY SAVINGS IN CALIFORNIA BUILDINGS

    Posted by Crystal Whitfield | No Comments

    Here are some recommendations moving forward as part of a regulatory proceeding at the California Energy Commission:

    * Mandate all commercial new construction be Zero Net Energy (ZNE) by 2030. ZNE means that over a year that your building generates as much energy onsite as it pulls from the grid.

    * Have the CEC use fines and penalties to enforce energy code at the state level;

    * Use a “societal value” to calculate cost effectiveness for Zero Net Energy. In other words, change the current objective cost calculations required to pass energy code and add in a “subjective” component that will allow mandates for technology that will not pay for itself.

    * Develop “reach” standards (as opposed to incremental “reachable” standards) for adoption at the local level and be included into CALGreen.

    * Increase Title 24 requirements by jumps of 20-30% each adoption over the next three cycles.

    * Require public building rating disclosures.

    * Require energy efficiency improvements in existing buildings not tied to a scheduled improvement.

    * Mandate a time-of-sale or time period trigger for upgrades and disclosures.

    * Shift responsibility on to building owners and managers for reducing tenant plug-loads.

    Yes, this is actually all happening now in a regulatory process. Some find it hard to believe that policymakers are considering such an aggressive statewide policy. Click below to read the recommendations for yourself:

    Saving Energy in Existing Buildings and Achieving a Zero‐Net‐Energy Future

    Contact us if you have any thoughts or opinions on how this might impact your business or to get more involved in the public process.

    Aug 19

    SUPERSTORE BAN BILL GOES TO SUSPENSE

    Posted by Crystal Whitfield | No Comments

    SB 469 (Vargas; D-San Diego), a bill that seeks to make the local approval process for certain retail development more difficult, has been moved to the Assembly Appropriation Suspense File. Our industry has been arguing that this bill, sponsored by certain unions as a way to gain bargaining leverage on certain big retailers, would hurt development of new projects, negatively impact tenant improvements on existing stores, and be another drag on the state’s struggling economy.

    Recently the president of the Independent Cities Association wrote an editorial clearly articulating reasons why SB 469 is bad policy that would not only hurt the overall economy, but make it more difficult for local leaders to choose what is best for their communities. Click here to read the full op/ed.

    We are working hard to convince the committee to keep the bill on Suspense.

    Aug 19

    CBPA FILES AMICUS IN SUPPORT OF REDEVELOPMENT

    Posted by Crystal Whitfield | No Comments

    On behalf of the commercial, industrial, and retail real estate industry, CBPA has filed with the California Supreme Court a letter requesting Amicus standing to join in the lawsuit with California Redevelopment Association and California League of Cities against action by state. Many other associations expected to follow CBPA’s lead.

    The Supreme Court has outlined an expedited briefing schedule designed to facilitate oral argument as early as possible, and a decision before January 15, 2012, the date when redevelopment agencies are required to make their first payment. Here are the key deadlines as laid out in the court’s order:

    * September 9, 2011: the State must file its brief.

    * September 24, 2011: CRA and the League must file their response to the State’s filing.

    * September 30, 2011: Amicus curiae briefs must be filed with the court.

    * October 7, 2011: Replies to individual amicus briefs must be filed.

    The court states it does not anticipate extending any of these deadlines and intends to set a hearing for oral arguments before the end of the year.

    Aug 19

    GOVERNOR APPOINTS ROSSI TO FOCUS ON ECONOMY

    Posted by Crystal Whitfield | No Comments

    Governor Brown has announced the appointment of Michael Rossi, as his “Senior Jobs Advisor.” Rossi will be the point of contact between California’s business and workforce leaders and the Administration. We applaud the Governor for this appointment and his continued focus on nudging California back to a state with a healthy business climate.

    The role of the Administration in providing proactive movement in the jobs area such as CEQA reform, for example, as well as providing some common sense in response to actions by the legislature such as AB 350 and SB 469 is very critical and will make the difference in our state’s economic future.  We look forward to working with Mr. Rossi and congratulate him on the appointment.

    Click here to read more about the appointment of Michael Rossi.

    Aug 19

    L.A. MAYOR CHALLENGES GOVERNOR TO DISMANTLE PROP 13 – BROWN SAYS NO THANKS

    Posted by Crystal Whitfield | No Comments

    Governor Jerry Brown on Wednesday turned down a challenge from the mayor of Los Angeles to significantly change Proposition 13, saying he would prefer to focus his attention on bringing financial stability to California.

    Brown was responding to comments by Mayor Antonio Villaraigosa, who has been pushing the notion of removing tax protections afforded to all Californians in order to implement a split roll property tax to raise taxes on commercial properties.

    We applaud the Governor for understanding the sophistry of such a scheme and staying focused on policies that will help California recover by making our state friendlier to business investment. Click here to read the full story.

    Click here for more coverage of Villaraigosa’s political speech, including some reaction from our very own Rex Hime.

    The forces that want to raise your property taxes are relentless and don’t let fact get in the way. We know this activity is preceding another push for a statewide initiative to undo Proposition 13’s protections and will remain vigilant.

    We need your help in that too by answering false statements about the law and supporting efforts, such as the Californians Against Higher Property Taxes, which fights on your behalf against such attacks.