• Established in 1972 · CBPA has over four decades of service to the commercial industrial retail real estate industry
  • Archive for November 22nd, 2013

    Nov 22

    HAPPY THANKSGIVING

    Posted by Crystal Whitfield | No Comments

    CBPA would like to wish all of its members a very Happy Thanksgiving. California is a great state, we live in a wonderful country, and we have a lot to be thankful for.

    We hope you get to spend some quality time with loved ones next week. And please take the time to reflect upon and appreciate the men and women in uniform who are serving our country overseas at this time.

    Nov 22

    2013 ISSUES SUMMARY PART TWO

    Posted by Crystal Whitfield | No Comments

    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.

    Last week we shared some of the major industry accomplishments of the past year.  Below is the next installment of 2013 highlights.

    Nov 22

    PROPOSITION 65 ENFORCEMENT REFORM

    Posted by Crystal Whitfield | No Comments

    Backed AB 227 (Gatto-D), signed into law by Governor Brown.   The measure will help shield businesses from frivolous lawsuits related to Prop. 65 signs. The bill allows business owners who receive notice of a technical Prop. 65 signage violation to fourteen days to get into compliance and pay a civil fine instead of going to court. In certain cases, if a business complies, they also are protected from certain types of legal action and from retroactive fines.

    Nov 22

    TMD/BID REFORMS

    Posted by Crystal Whitfield | No Comments

    Helped pass AB 483 (Ting-D), signed into law by Governor Brown.  This bill protects Business Improvement Districts (BIDs) and Tourism Marketing Districts (TMDs) from an ambiguity in Prop 26, which created legal uncertainty over these districts’ ability to privately fund marketing and promotional activities.  It clarifies that any incidental benefit to a business does not violate the law.

    Nov 22

    EV CHARGING INFRASTRUCTURE

    Posted by Crystal Whitfield | No Comments

    Negotiated amendments to AB 1092 (Levine-D), signed into law by Governor Brown.  Requires the Building Standards Commission, commencing with the next triennial edition of the California Building Standards Code adopted after January 1, 2014, to adopt, approve, codify and publish building standards for the installation of future electric vehicle charging infrastructure for parking spaces in multifamily dwellings and nonresidential development.

    Nov 22

    REGULATORY REFORM BILL

    Posted by Crystal Whitfield | No Comments

    Sponsored SB 401 (Hueso-D), signed into law by Governor Brown.  The bill will assist in presenting a clear understanding of economic impacts from regulations to commercial construction by providing cost reporting requirements for new building standards before they are adopted.  SB 401 requires a state agency proposing a building standard to cite the estimated cost and benefits of compliance.

    Nov 22

    LAND-USE/BIG BOX BILLS DEFEATED

    Posted by Crystal Whitfield | No Comments

    We successfully defeated two measures that sought to change statewide land-use policy in a manner that usurped local control and would have stalled many projects.  SB 673 (DeSaulnier-D) required development projects that receive over $1 million in subsidies to complete a state-mandated economic impact report; AB 667 (Hernandez-D) commonly referred to as the “Big Box Ban Bill,” created another layer of bureaucracy for local governments by requiring projects defined as “Superstores” to obtain redundant economic impact and community impact reports before receiving approval.

    WE have taken the position that local governments are 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 agencies and consultants and regularly require cost-benefit analysis of projects. In 2011, Governor Brown vetoed a similar bill, stating “While I recognize that the merits of large-scale projects need to be carefully considered, plenty of laws are already on the books that enable, and in some cases require, cities and counties to carefully assess whether these projects are in the community’s best interest. This bill would add yet another layer of review to an already cumbersome process.”

    Nov 22

    REAL ESTATE DOCUMENT FEE DEFEATED

    Posted by Crystal Whitfield | No Comments

    We were primary member of the coalition that defeated SB 391 (DeSaulnier-D), a bill that attempted to impose a $75 fee for recording real-property documents.  The bill, an attempt to generate funds for affordable housing, was a regressive tax on real estate as it did not have nexus to the funded activities.

    Nov 22

    DEFEAT OF HEALTH CARE PENALTY BILL

    Posted by Crystal Whitfield | No Comments

    We were a principle member in the coalition, which defeated AB 880 (Gomez-D).  The bill was sponsored by union groups and attempted to re-write state rules implementing the Federal Affordable Care Act (ACA).  AB 880 sought to force larger employers to pay an estimated additional penalty between $6,000-$15,000 to the state for any employee who works eight hours or more per week and chooses to use Medi-Cal, even if they are offered health coverage by the employer.

    Nov 22

    HOMELESS BILL OF RIGHTS

    Posted by Crystal Whitfield | No Comments

    We led the effort to defeat AB 5 (Ammiano-D) “the Homeless Person’s Bill of Rights and Fairness Act.” The measure was held in the Appropriations Committee due to cost concerns and impacts on state and local governments.  With regard to these issues we supported AB 639 (Speaker Perez), the Veterans Housing and Homeless Prevention Act, a measure signed into law by Governor Brown that will help the homeless through providing resources for services and housing.

    Nov 22

    DOCUMENTARY TRANSFER TAX BILL

    Posted by Crystal Whitfield | No Comments

    Defeated a bill that had the potential to add a massive fee to real estate transactions. AB 561 (Ting-D) sought to allow counties and/or cities to impose an additional fee on commercial, industrial and residential rental property by adopting the “change in ownership” definition from property tax law for purposes of determining whether a documentary transfer tax is due.

    Nov 22

    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!