• Established in 1972 · CBPA has over four decades of service to the commercial industrial retail real estate industry
  • Archive for April 21st, 2014

    Apr 21

    WHY BUILDING OPERATORS MATTER FOR GHG REDUCTIONS

    Posted by Crystal Whitfield | No Comments

    The California Air Resources Board, as part of its ongoing mandate to implement the state Greenhouse Gas Reduction Law, referred to simply as “AB 32,” is hosting research seminars to help educate impacted industries about the latest GHG reduction strategies.  This is your opportunity to hear from leading scientists as they present their research findings about air pollution and climate change.

    A seminar of particular interest to our industry is being held on April 28, 2014, entitled “Why Building Operators Matter for Reducing GHG Emissions.”

    This is the type of information exchange we highly encourage leaders in our industry to participate in.  At the very least you are going to learn where the state is headed in terms of regulations and potentially statute.  You may also learn strategies on how to operate your buildings more efficiently that could increase your bottom line and make your tenants happier.  Finally, your participation is the best way for our industry to educate policy based discussion with insight on practical issues from professionals that are directly impacted and expected to implements these ideas.

    Click here for the details on how to attend in person or via webcast, and to see what other seminars are scheduled.

     

    Apr 21

    SPLIT ROLL BAD FOR HOMEOWNERS

    Posted by Crystal Whitfield | No Comments

    From The OC Register, “There is one truism in raising taxes that never seems to change, and it’s that no one tends to mind as long as the taxes being raised belong to someone else. This divide-and- conquer strategy usually works when the powers that be in Sacramento decide they want to go after more money. They make one group feel they are being taken advantage of, and demonize the other. One recent attempt is to pit homeowners against business property owners.”

    Click here to read the full story.

    Apr 21

    26,000+ NEW PAGES OF FEDERAL REGULATION IN 2013

    Posted by Crystal Whitfield | No Comments

    From the Wall Street Journal:  “Anyone wondering why the U.S. economy can’t seem to grow at its usual pace should examine one product category where production is booming: federal regulation.”

    “Washington set a new record in 2013 by issuing final rules consuming 26,417 pages in the Federal Register.”

    Click here to read the full story.

    Apr 21

    SPLIT-ROLL TAX BILL STRIKES AT PROP. 13

    Posted by Crystal Whitfield | No Comments

    As we reported last week a bill that would implement a de facto split roll parcel tax passed its first legislative test and is moving forward in the Legislature.  We are a key part of a large coalition of groups fighting this bad idea.  A piece over at calwatchdog.com has some more detail and color about the bill:

    “Chartered property appraiser Charles Warren of Pleasant Hill told CalWatchdog.com that a split-roll parcel tax could end up encouraging property demolition for marginal properties. He asked, ‘How much property value will be raised if a lot of buildings gets bulldozed? Or will it be a land tax?  If a land tax, it will encourage higher density development that could be blocked by growth controls in local communities.’”

    “Thus, small commercial building owners could be hit by a school parcel tax with no way to develop their properties to a higher use to offset the higher taxation.  Warren warned, ‘Given 5 percent capitalization rates, for every $1 per square foot of tax a property would take a $20 per square foot hit on property value.’”

    Click here to read the full article.

    Apr 21

    BUSY WEEK AHEAD – SUPPORTED BILLS

    Posted by Crystal Whitfield | No Comments

    First House Policy Committees crank up with lots of activity next week.  Here are just a few of the bills that are “up” next week that we support.

    AB 2109 (Daly; D-Anaheim) Parcel Tax Reports.  Would require the State Board of Equalization to annually report specified information relating to the imposition of locally assessed parcel taxes, including, among other things, the type and rate of a parcel tax and the number of parcels subject to or exempt from the parcel tax. The bill would additionally require the tax collector of each county to provide any information to the board required by the board to comply with these provisions, as specified. SUPPORT

    AB 2312 (Nestande; R-Palm Desert)   Discourages Metal theft. Would require a junk dealer or recycler to request to receive theft alert notifications regarding the theft of commodity metals in the junk dealer’s or recycler’s geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc. SUPPORT

    AB 2723 (Medina; D-Riverside)   Administrative procedure: small businesses. The Administrative Procedure Act governs the procedures for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. This bill would define “cost impact” to include those direct costs that a representative private person or sole proprietorship, small business, and business necessarily incurs in reasonable compliance with the proposed action. This bill contains other related provisions and other current laws. SUPPORT

    SB 981 (Huff; R-Diamond Bar)   Regulations: review process. Current law, the Administrative Procedure Act, governs the procedure for the adoption, amendment, or repeal of regulations by state agencies. This bill would require each agency to review each regulation adopted prior to January 1, 2014, and to develop a report with prescribed information.  SUPPORT

    AB 2381 (Bonilla; D-Concord)   Private parking facilities. Would authorize a city or county to include in that ordinance or resolution authorization for the operator of privately owned and maintained offstreet parking facility to regulate unauthorized parking. SUPPORT.

    AB 2008 (Quirk; D-Hayward)  The California Environmental Quality Act requires the Office of Planning and Research to prepare, develop, and transmit to the Natural Resources Agency, and the Secretary of the Natural Resources Agency to certify and adopt, guidelines for the implementation of the act by public agencies. The act requires the guidelines to include statewide standards for infill projects to promote specified goals and priorities. This bill would require the guidelines to be revised to include as a statewide standard for infill projects the goal of minimizing the impacts of goods movement on air quality, traffic, and public safety through the provision of dedicated loading and unloading facilities for commercial space. SUPPORT.

    AB 2050 (Quirk; D-Hayward)   California Global Warming Solutions Act of 2006: scoping plan: advisory panel. The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions. This bill, until January 1, 2020, would require the state board to include specified elements when updating the scoping plan. The bill would require the state board, on or before January 1, 2020 , to submit a report to the appropriate committees of the Legislature on those specified elements of the updated scoping plan. SUPPORT.

    Apr 21

    JOB KILLER BILLS NAMED

    Posted by Crystal Whitfield | No Comments

    The California Chamber of Commerce released its annual list of “job killer” bills, calling attention to the negative impact that 27 proposed measures would have on California’s job climate and economic recovery if they were to become law.  Many of the bills we are tracking and working hard to defeat are on the list.

    Here are a few that would have a direct impact on the commercial, industrial, retail real estate sector:

    AB 1522 (Gonzalez; D-San Diego) Paid Sick Leave — Increases employer mandates by requiring all employers, large and small, to provide all employees in California with paid sick leave, and threatens employers with statutory penalties as well as litigation for alleged violations.

    AB 2604 (Brown; D-San Bernardino) Exposes Employers to Disproportionate Workers’ Compensation Penalties — Dramatically increases penalties and costs for delayed payments and will result in disproportionate penalty awards that are significantly greater than the amount of the delayed payment.

    SB 935 (Leno; D-San Francisco) Minimum Wage — Unfairly increases employer costs by increasing the minimum wage to $13 by 2017 and then increased thereafter according to the Consumer Price Index.

    AB 1897 (Hernández; D-West Covina) Contractor Liability — Unfairly imposes liability on any contracting entity for the contractor’s wage and hour violations, lack of workers’ compensation coverage, and/or failure to remit employee contributions, despite the lack of any evidence that the contracting entity controlled the working conditions or wages of the contractor’s employees.

    AB 2372 (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 on to tenants, consumers, and potentially employees.

    AB 2416 (Stone; D-Scotts Valley) Unproven Wage Liens — Creates a dangerous and unfair precedent in the wage and hour arena by allowing employees to file liens on an employer’s real or personal property, or property where work was performed, based upon alleged yet unproven wage claims.

    AB 2420 (Nazarian; D-Studio City) Significantly Limits In-State Energy Development — Places California businesses at a disadvantage, increasing fuel costs, impeding job growth and suppressing property, income and excise tax revenues, by allowing local governments to impose local moratoriums on well stimulation treatments.

    SB 1021 (Wolk; D-Davis) Split Roll — Discriminates against commercial property through split roll by allowing a school district to impose a higher parcel tax against commercial property as opposed to residential property.

    SB 1372 (DeSaulnier; D-Concord) Increased Tax Rate — Threatens to significantly increase the corporate tax rate on publicly held corporations and financial institutions up to 15% according to the wages paid to employees in the United States, and threatens to increase that rate by 50% thereafter, if the corporation or institution reduces its workforce in the United States and simultaneously increases its contractors.

    AB 52 (Gatto; D-Los Angeles) CEQA Consultation with Tribes— Creates new opportunities for California Environmental Quality Act (CEQA) litigation by requiring lead agencies to engage in “meaningful consultation” with Native American tribes regarding land use projects that could have an adverse impact on a tribal cultural resource.

    AB 1330 (J. A. Pérez; D-Los Angeles) New Double Penalties — Discourages investment and expansion in some disadvantaged regions of the state by doubling most fines and penalties issued by the Air Resources Board (ARB), Department of Toxic Substances Control (DTSC) and Air Quality Management Districts (AQMDs) on facilities located there.

    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 by giving local governments new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to 55%.

    ACA 8 (Blumenfield; D-San Fernando Valley) 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 local public safety, transportation, water and recreation infrastructure by lowering the vote threshold for bonded debt supported by property taxes from two-thirds to 55%.

    SB 691 (Hancock; D-Berkeley) Dramatically Increases Pollution Penalties — Dramatically increases existing strict-liability penalties for nuisance-based, non-vehicular air-quality violations without adequately defining what types and levels of pollution would trigger those penalties.

    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 by giving local governments new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to 55%.

    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 by giving local governments new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to 55%.

    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 by giving local governments new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to 55%.

    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 by giving local governments new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to 55%.

    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 governments new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to 55%.

    Click here to read the full list.

     

    Apr 21

    SPECIAL SESSION CALLED TO STRENGTHEN RAINY DAY FUND

    Posted by Crystal Whitfield | No Comments

    Governor Brown has called a special session of the Legislature to replace the Rainy Day Fund on the November ballot with a dedicated reserve that would allow the state to pay down its debts and unfunded liabilities.

    In 2010, the Legislature approved the proposal on the November 2014 ballot – ACA 4 – for the consideration of the voters. However, that proposal does not address the volatility of capital gains revenue, does not provide a reserve for schools to help cushion future downturns and constrains the state’s ability to pay down long-term liabilities.

    Click here to read the full press release.