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  • Archive for November 15th, 2013

    Nov 15

    COMMERCIAL REAL ESTATE SUMMIT SUCCESS!

    Posted by Crystal Whitfield | No Comments

    Last week several major industry groups come together in Northern California for the 2013 Strategic Issues Conference.  Almost 100 industry leaders discussed policy issues that will be impacting California in the next year, from water to a briefing on the state budget directly from the state’s Legislative Analyst.  Proposed changes to Proposition 13 – and what we can do about stopping unwarranted increases in your property taxes – was also a primary focus of the conference.

    The goal of the Strategic Issues Conference is to increase public policy and political awareness of state and national issues for leaders in our industry, and to foster collaborative efforts among business leaders from all sectors of the California economy.  Held every other year, we hope you will join us in 2015.

    Nov 15

    2013 ISSUES SUMMARY

    Posted by Crystal Whitfield | No Comments

    In addition to the policy briefings, attendees at the Strategic discussed some of the major industry accomplishments of the past year.  Over the next two weeks, we’d like to share some of the highlights with you.

    As a statewide association, our primary focus is on legislative and regulatory issues.  This year, on behalf of the commercial real estate industry, we tracked 514 pieces of legislation in the California State Capitol.

    We also engaged regulatory agencies ranging from the California Energy Commission, Public Utilities Commission, Air Resources Board, Building Standards Commission, State Architect and Department of Finance on a range of policies, such as energy efficiency, greenhouse gas regulation, land-use and recycling.

    Nov 15

    ADA REFORM IMPLEMENTATION

    Posted by Crystal Whitfield | No Comments

    We played a key role in implementing recent legislation (AB 1186) and regulations to curb lawsuit abuse relating to the Americans with Disabilities Act (ADA).  Our industry, working with state agencies, is advancing increased compliance with disabled accessibility building codes. California has 40% of the nation’s ADA lawsuits but only 12% of the country’s disabled population.

    Nov 15

    ADA POLICY BENEFITS

    Posted by Crystal Whitfield | No Comments

    Among other things, recent reforms prohibit pre-litigation “demands for money” by attorneys, implement provisions to prevent “stacking” of multiple claims to increase statutory damages, reduce statutory damages and provide litigation protections for defendants who correct violations, and establish priorities for the California Commission on Disabled Accessibility that promote and facilitate disability access compliance.

    Nov 15

    REWRITE OF ACCESSIBILITY CODE

    Posted by Crystal Whitfield | No Comments

    We worked closely with the Building Standards Commission to clarify and rewrite accessibility code provisions for all commercial and state-owned buildings.  Our state now uses the federal provisions as the basis for California’s updated code with appropriate amendments where California’s code was previously more stringent.  This major “regulatory overhaul” will significantly reduce the number of lawsuits filed over minute differences between state and federal regulations and will help businesses with “burden of proof” issues when litigation is filed in the future.

    Nov 15

    ADA LEASE LANGUAGE EDUCATION

    Posted by Crystal Whitfield | No Comments

    As part of this overall historic reform, we have assured that our members understand the new lease language requirement which requires property owners and lessors to notify tenants in the lease form or rental agreement executed on or after July 1, 2013, whether the property being leased or rented has undergone inspection by a CASp, and if so, whether the property has or has not been determined to meet all applicable construction-related accessibility standards.

    Nov 15

    SPLIT ROLL CHANGE IN OWNERSHIP

    Posted by Crystal Whitfield | No Comments

    We defeated AB 188 (Ammiano-D), which would have specified once ownership interests in cumulative stock transactions reach a certain percentage the real property owned by that legal entity has “changed ownership” for purposes of reassessment.

    Nov 15

    SPLIT ROLL/PARCEL TAX BILL

    Posted by Crystal Whitfield | No Comments

    We also helped defeat AB 59 (Bonta-D), which sought to authorize local de facto Split Roll Parcel Taxes.  The bill specified that provisions requiring uniform application of taxes shall not be construed as limiting a school district from assessing taxes in accordance with rational classifications amongst taxpayers or types of property, thereby abrogating the holding in Borikas v. Alameda Unified School District. The bill was held in committee. Although “dead” for the year, we are seeing this strategy becoming more prevalent with advocates seeking a split roll.

    Nov 15

    BILL IDEAS FOR 2014

    Posted by Crystal Whitfield | No Comments

    Before the Legislature reconvenes in January we need your ideas on proactive changes to the law that our industry should consider pursuing.  Are there issues in statute that could be made better, more efficacious?  Something not addressed in statute that should be?  Let us know!

    Nov 15

    INTEGRATED ENERGY POLICY REPORT

    Posted by Crystal Whitfield | No Comments

    Linked below is a draft of the State’s Integrated Energy Policy Report (IEPR).  The Biennial report assesses major energy trends and issues facing the state’s electricity, natural gas, and transportation fuel sectors and provides policy recommendations to intended to conserve resources; protect the environment; ensure reliable, secure, and diverse energy supplies; enhance the state’s economy; and protect public health and safety.

    CBPA has worked with members of the commercial real estate industry and collaborated with CBIA to submit comments on the draft report.  Those comments are linked below.  Comments are still welcome.

    2013 Integrated Energy Policy Report

    CBIA/CBPA Comments on the IEPR