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  • Archive for April 15th, 2013

    Apr 15

    JOB KILLER LEGISLATION: EXPENSIVE, UNNECESSARY REGULATIONS

    Posted by Crystal Whitfield | No Comments

    SB 529 (Leno; D-San Francisco) Disposable Fast-Food Container Ban — Places an unworkable ban on disposable food services containers or single-use carryout bags, unless they can meet an increasing recycling threshold that will reach 75% on July 1, 2020.

    SB 617 (Evans; D-Santa Rosa) Comprehensive CEQA Expansion — Inappropriately expands CEQA, slowing development and growth in the state, by increasing CEQA notice filing and publication requirements, inviting more litigation over CEQA projects by overturning a recent court decision and allowing project opponents to challenge EIRs that don’t adequately evaluate and mitigate impacts related to conditions and physical features in the environment like sea-level rise and fault-lines, and eliminating several existing CEQA exemptions.

    SB 747 (DeSaulnier; D-Concord) Unnecessary New Regulatory Scheme — Establishes a new, duplicative, and burdensome program that requires the Department of Public Health to regulate manufacturers of consumer products that the Department determines contribute to a significant public health epidemic, (ie: obesity, diabetes, cancer, heart disease) and allows the department to restrict or prohibit the sale of such products.

     

    Apr 15

    JOB KILLER LEGISLATION: PROPERTY TAX ISSUES

    Posted by Crystal Whitfield | No Comments

    AB 59 (Bonta; D-Alameda) Split Roll Parcel Tax — Potentially increases the tax burden on businesses by permitting local agencies to assess a higher parcel tax on commercial property than residential property overturning an appellate decision that determined such taxes were unconstitutional.

    AB 188 (Ammiano; D-San Francisco) Split Roll Change of Ownership — Unfairly targets commercial property by redefining “change of ownership” so that such property is more frequently reassessed, which will ultimately lead to higher property taxes that will be passed onto tenants, consumers, and potentially employees.

    ACA 3 (Campos; D-San Jose) Lowers Vote Requirement for Tax Increases — Adds complexity and uncertainty to the current tax structure and pressure to increase taxes on commercial, industrial and residential property owners to support public safety services by giving local government new authority to enact a special tax, including parcel taxes, by lowering the vote threshold from two-thirds to only fifty-five percent.

    SCA 3 (Leno; D-San Francisco) Lowers Vote Requirement for Tax Increases — Adds complexity and uncertainty to the current tax structure and pressure to increase taxes on commercial, industrial and residential property owners for education programs by giving school districts and community colleges new authority to enact a parcel tax from two-thirds to fifty-five percent.

    SCA 4 (Liu; D-La Cañada Flintridge) Lowers Vote Requirement for Tax Increases —  Adds complexity and uncertainty to the current tax structure and pressure to increase taxes on commercial, industrial and residential property owners for local transportation projects by giving local government new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to fifty-five percent.

    SCA 7 (Wolk; D-Davis) Lowers Vote Requirement for Tax Increases —  Adds complexity and uncertainty to the current tax structure and pressure to increase taxes on commercial, industrial and residential property owners to finance library construction by giving local government new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to fifty-five percent.

    SCA 8 (Corbett; D-San Leandro) Lowers Vote Requirement for Tax Increases – Adds complexity and uncertainty to the current tax structure and pressure to increase taxes on commercial, industrial and residential property owners for transportation projects by giving local government new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to fifty-five percent.

    SCA 9 (Corbett; D-San Leandro) Lowers Vote Requirement for Tax Increases — Adds complexity and uncertainty to the current tax structure and pressure to increase taxes on commercial, industrial and residential property owners to finance community and economic development projects by giving local government new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to fifty-five percent.

    SCA 11 (Hancock; D-Oakland) Lowers Vote Requirement for Tax Increases — Adds complexity and uncertainty to the current tax structure and pressure to increase taxes on commercial, industrial and residential property owners by giving local government new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to fifty-five percent.

    Apr 15

    JOB KILLER LEGISLATION: ECONOMIC DEVELOPMENT BARRIERS

    Posted by Crystal Whitfield | No Comments

    AB 52 (Gatto; D-Los Angeles) CEQA Approval Authority for Tribes — Effectively gives Native American Tribes authority to approve or disapprove all land use projects in the state that they unilaterally determine may impact a tribal reservation, rancheria community or cultural sacred place.

    AB 288 (Levine; D-San Rafael) De Facto Moratorium on Hydraulic Fracturing — Imposes a de facto moratorium on the use of hydraulic fracturing in the state, driving up fuel and energy prices and harming the job market in these sectors, by basing approval of notices for well operations on a public health and safety standard that is impossible to meet. (More bills to achieve this same goal can be found on the full list.)

    AB 769 (Skinner; D-Berkeley) Creates Inequity in the Tax Structure — Harms struggling small businesses and start-ups by repealing the Net Operating Loss (NOL) carry back deduction, a lifeline that helps employers stay afloat, retain employees, and continue investing in their businesses in an economic downturn.

    AB 823 (Eggman; D-Stockton) Infrastructure — Adds additional costs and hurdles to critically needed new infrastructure and development projects by imposing unreasonable mitigation requirements.

    AB 953 (Ammiano; D-San Francisco) Increases CEQA Litigation — Invites more litigation over CEQA

    projects by overturning a recent court decision and allowing project opponents to challenge EIRs that don’t adequately evaluate and mitigate impacts related to conditions and physical features in the environment like sea-level rise and fault-lines.

    AB 1164 (Lowenthal; D-Long Beach) Inappropriate Wage Liens — Creates a dangerous and unfair precedent in the wage and hour arena by allowing employees to file liens on an employer’s personal property or real property where the work was performed, based on an alleged but unproven wage claim, that will take priority over other existing liens.

    SB 241 (Evans; D-Santa Rosa)  Fuel Price Increase — Drives up fuel prices for businesses and consumers by imposing a severance tax at the rate of 9.9% of the gross value of each barrel of oil severed, thereby discouraging production of such oil and gas in this state.

    SB 622 (Monning; D-Carmel) Targeted Tax — Threatens jobs in beverage, retail and restaurant industries by arbitrarily and unfairly targeting certain beverages for a new tax in order to fund Children’s health programs.

    SB 691 (Hancock; D-Berkeley) Dramatically Increases Pollution Penalties — Dramatically increases existing strict-liability penalties for nuisance-based, non-vehicular air-quality violations, and expands applicability of those penalties to a wide range of businesses previously not subject to the penalties without adequately defining what types and levels of pollution would trigger those penalties.

    Apr 15

    JOB KILLER LEGISLATION: COSTLY WORKPLACE MANDATES

    Posted by Crystal Whitfield | No Comments

    AB 5 (Ammiano; D-San Francisco) Increased Exposure to Frivolous Litigation — Imposes costly and unreasonable mandates on employers that could jeopardize the health and safety of others by creating a new protected classification of employees and customers who are or are perceived to be homeless, low income, suffering from a mental disability, or physical disability, and establishing a private right of action for such individuals that includes statutory damages, punitive damages, and attorney’s fees.

    AB 10 (Alejo; D-Salinas) Automatic Minimum Wage Increase — Unfairly increases California employers’ cost of doing business by raising the minimum wage $1.25 over the next three years and thereafter indexing the minimum wage based on inflation, which fails to take into account the current economic status of the state or other fees and costs employers are required to pay.

    AB 1138 (Chau; D-Alhambra) Massive Exposure to Civil Penalties and Liability — Inappropriately increases civil cases and civil penalties on employers by permitting civil action against those employers who fail to conspicuously post a list of every employee covered under an employer’s workers’ compensation insurance policy and to retain this list for five years.

    SB 626 (Beall; D–San Jose) Massive Workers’ Compensation Cost Increase — Unravels many of the employer cost-saving provisions in last year’s workers’ compensation reform package and results in employers paying nearly $1 billion in benefit increases to injured workers without an expectation that the increases will be fully offset by system savings.

    SB 761 (DeSaulnier; D-Concord) Paid Family Leave Protection — Creates a new burden on small businesses and additional opportunities for frivolous litigation by transforming the paid family leave program, which is used as a wage replacement for an employee who is taking a separate leave of absence, into an additional paid protected leave.

    Apr 15

    JOB KILLER BILLS 2013

    Posted by Crystal Whitfield | No Comments

    The CalChamber, on behalf of all of us in the business community, provides leadership on many issues in Sacramento. One way they do that is by compiling a list of the “worst of the worst” bills in order to galvanize opposition to these measures that will decimate economic and job growth in California.

    The list includes 33 proposed laws that threaten California employers with new costly workplace and employee benefit mandates, economic development barriers, regulatory burdens and inflated liability costs.

    We are happy to report that several bills we are fighting, including several property tax measures, the “Homeless Bill of Rights,” and the bill that would make CEQA even more unworkable, all made the list.  Below are some of this year’s Job Killers.  We too, oppose all of these measures.  Click here to see the full list.

    Apr 15

    LAND USE BILLS WOULD STYMIE LOCAL CONTROL AND PROJECTS

    Posted by Crystal Whitfield | No Comments

    We are tracking two bills in the legislature that will make it more difficult to build large projects and will usurp local government land-use authority:

    SB 673 (DeSaulnier; D-Concord) is a bill that would erode local governments’ ability to make land use decisions and move forward with infrastructure and development projects that receive over $1 million in subsidies without oversight from the state in the form of a comprehensive economic analysis from the Governor’s Office of Planning and Research (OPR).

    We believe that local governments are currently able to make decisions regarding such projects in a well-informed manner.  Under current law, local governments can seek advice from a broad range of other government agencies and consultants.  The “analysis” required by SB 617 is already required under CEQA and/or can be required by the local government approving the project and are opposing this bill.

    AB 667 (Hernandez; D – West Covina) creates another layer of bureaucracy for local governments by requiring certain retailers to obtain redundant economic impact and community impact report before receiving approval. These reports go above and beyond the significant requirements already required by state law, which currently provides for extensive public input and local decision-making. This bill has the potential to create significant delays in the local planning and approval process, tying-up local government resources and delaying job creation and projects desired by communities.  We oppose this measure.