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  • Archive for October 6th, 2014

    Oct 6


    Posted by Crystal Whitfield | No Comments

    The Governor had until Midnight, Tuesday, to wade through all the bills on his desk.  He signed and vetoed hundreds of measures.  Over the two year session your state legislature and Governor put 1,731 new laws on the books.  As well the Legislature passed 450 non-binding resolutions.  The Governor rejected 239 bills exercising his veto authority.

    Oct 6


    Posted by Crystal Whitfield | No Comments

    This session, on behalf of the commercial real estate industry, we tracked almost 900 measures.  Of those measures, 18 high priority measures made it to the Governor.  He signed 12 bills we supported and one bill we opposed.  He vetoed four bills we opposed and two we supported.

    Oct 6


    Posted by Crystal Whitfield | No Comments

    With no fanfare, over last weekend, Governor Brown signed AB 1897 (Hernandez), a bill that will make it easier for your company to be dragged into a wage dispute of a contracted company.  Hopefully you will never feel the impacts of this bill, but you may want to make sure your legal counsel is aware of this change

    PRESS: Jerry Brown signs subcontractor bill – Sac Bee

    LEGAL ANALYSIS: Governor Brown Signs Bill Making Companies Liable for Employment Violations of Independent Labor Contractor Companies


    Oct 6


    Posted by Crystal Whitfield | No Comments

    The following bills were meant to address issues, in some fashion, created by the elimination of the state’s Redevelopment program.  All were vetoed by the Governor:

    • AB 1399 by Assemblymember Jose Medina (D-Riverside) – Income taxation: insurance taxation: credits: California New Markets Tax Credit. A veto message can be found here.
    • AB 2280 by Assemblymember Luis Alejo (D- Salinas) – Community Revitalization and Investment Authorities. A veto message can be found here.
    • AB 2493 by Assemblymember Richard H. Bloom (D-Santa Monica) – Redevelopment dissolution: housing projects: bond proceeds. A veto message can be found here.
    • SB 1129 by Senator Darrell Steinberg (D-Sacramento) – Redevelopment: successor agencies to redevelopment agencies. A veto message can be found here.

    We supported all measures and hope to work with the Governor next year to address some of these ongoing issues:

    Oct 6


    Posted by Crystal Whitfield | No Comments

    However, the Governor signed a package 13 bills that he believes will strengthen economic development in the state.

    According to the Governor’s office, “Since taking office in 2011, the Governor has approved legislation to modernize the workers’ compensation system, the regulatory and fee structure for the timber industry, Americans with Disabilities Act (ADA) compliance requirements and the facility inspection process for the life sciences industry. In addition to these legislative actions, Governor Brown has established the Governor’s Office of Business and Economic Development (GO-Biz) as the state’s lead economic development office to advance business opportunity in California and enacted administrative changes to streamline the oil and gas drilling permitting process.”

    Click here to read a press release outlining the whole package.


    Oct 6


    Posted by Crystal Whitfield | No Comments

    The Business Journal sums up the issues related to these bills and discusses the dynamics related to redevelopment.  If you own/manage property in any urban area, this issue affect you.

    Governor rejects redevelopment replacement, approves related measure

    Oct 6


    Posted by Crystal Whitfield | No Comments

    Here is a quick update on some of the bills we have been working.  Click links for the actual language, and reply to this email if you want more detail:

    AB 2565 (Muratsuchi; D- Torrance) – Electric Vehicle Charging Station Tenant Installation.  This bill has been signed by the Governor we support this measure.

    AB 2372 (Ammiano; D – San Francisco) – Change of Ownership Bill.  This bill is dead.  We cautiously supported its passage.

    AB 2045 (Rendon; D – South Gate) – Energy Efficiency Financing.  This bill is dead for lack of a funding source.

    AB 2282 (Gatto; D – Burbank) – Building Standards; Recycled Water (Gray Water).  This bill went to the Governor and we support its signature.

    AB 2416 (Stone; D – Santa Cruz) – Property Liens / Wage Disputes.  This bill is dead and we opposed it.

    SB 1021 (Wolk; D – Vacaville) – Split Roll Parcel Tax. This bill is dead and we opposed it.

    SB 1451 (Hill/Roth; D- San Mateo/Riverside) – CEQA Late Hits.  This bill is dead – Support — AB 5 (Gatto) Sacred Sites

    AB 52 (Gatto; D – Burbank) – CEQA Tribal Cultural Resources.  This bill was signed by the  Governor.  We were opposed until negotiated amendments were accepted and are now neutral.

    SB 1171 (Heuso; D- Chula Vista) – Dual Agency Disclosure.  This bill was signed by the Governor and we were neutral.  However, we want to make sure all our companies know about the new mandated broker disclosure.

    Oct 6


    Posted by Crystal Whitfield | No Comments

    AB 2280 (Alejo) Community Revitalization and Investment Authorities. SUPPORT

    AB 2493 (Bloom) Redevelopment dissolution: housing projects: bond proceeds. SUPPORT

    AB 543 (Campos) California Environmental Quality Act: translation. OPPOSE

    SB 812 (de Leon) Hazardous waste. OPPOSE

    SB 1350 (Lara) Baby diaper changing accommodations. OPPOSE

    SB 1358 (Wolk) Baby diaper changing stations. OPPOSE

    Oct 6


    Posted by Crystal Whitfield | No Comments

    AB 52 (Gatto) Native Americans: California Environmental Quality Act. NEUTRAL

    AB 1471 (Rendon) Water Quality, Supply, and Infrastructure Improvement Act of 2014. SUPPORT

    AB 1711 (Cooley) Administrative Procedures Act: economic impact assessment. SUPPORT

    AB 1897 (Hernandez) Labor contracting: client liability. OPPOSE

    AB 2104 (Gonzalez) Common interest developments: water-efficient landscapes. SUPPORT

    AB 2109 (Daly) Controller: reports: parcel taxes. SUPPORT

    AB 2282 (Gatto) Building standards: recycled water systems. SUPPORT

    AB 2565 (Muratsuchi) Rental property: electric vehicle charging stations. SUPPORT

    AB 2597 (Ting) Energy: PACE program. SUPPORT

    AB 2618 (Perez) Property and business improvement areas: benefit assessments. SUPPORT

    AJR 34 (Cooley) Terrorism risk insurance. SUPPORT

    SB 628 (Beall) Enhanced infrastructure financing districts. SUPPORT

    SB 674 (Corbett) California Environmental Quality Act: exemption: residential/commercial infill projects. SUPPORT

    SB 1171 (Hueso) Real property transactions: agents: obligations. NEUTRAL

    Oct 6


    Posted by Crystal Whitfield | No Comments

    Advocates for the disabled community are registering strong opposition to EV-Charging standards being proposed by the Department of Housing and Community Development (HCD).  While HCD’s EV-Ready standards were adopted by the Building Standards Commission (BSC) back in July, there is still one item related to new apartment construction awaiting action when the BSC convenes in October. Specifically, HCD is proposing certain accessibility parking requirements be met if and when an apartment owner chooses to voluntarily install fully-functioning EV charging facilities.

    As proposed by HCD, if an apartment owner voluntarily installs EV-charging facilities, the installation would need to meet the dimensional specifications required for disabled accessibility parking spaces.  However, advocates for the disabled community argue that HCD needs to go much further and require a second EV-charging facility for use only by those with disabilities, similar to the “blue” parking spaces already required by state and federal law.

    Our partners at CBIA are requesting the BSC to either approve HCD’s recent submittal or return the regulatory package to HCD for “further study.”

    If this issue is not fixed it will have a drastic impact on your parking lots.  It will require a 1:1 installation of EV Charging stations.


    Oct 6


    Posted by Crystal Whitfield | No Comments

    Using the exact same language in a pair of vetoes, Governor Brown has rejected bills that would have mandated baby changing stations in most new restrooms and renovations.

    Although both authors took language from us to make the bills less onerous, we agree with the Governor’s assessment of these bills:

    “At a time when so many have raised concerns about the number of regulations in California, I believe it would be more prudent to leave the matter of diaper changing stations to the private sector.  Already, many businesses have taken steps to accommodate their customers in this regard.  This may be a good business practice, but not one that I am inclined to legislate.”

    Here are the bill numbers, a link to the veto messages, and a media story:

    SB 1350 (Lara; D-Bell Gardens) – Baby diaper changing accommodations. A veto message can be found here.

    SB 1358 (Wolk; D-Davis) – Baby diaper changing stations. A veto message can be found here.

    Brown Vetoes Baby Changing Station Bills – Sac  Bee

    Although this is not something that will impact your businesses next year, we recommend you sharing this information as a way to show the types of issues that may be coming at companies from activists at the local government level in the near future.

    Oct 6


    Posted by Crystal Whitfield | No Comments

    Governor Brown has signed a bundle of seven bill’s meant to “strengthen the electric vehicle market,” in California.  Below is a list to all of the bills, many of which will not have a direct/huge impact on your operations.

    However, one bill is directed specifically at commercial real estate:

    AB 2565 by Assemblymember Al Muratsuchi (D-Torrance): Requires commercial and residential property owners to approve installation of an electric vehicle charging station by renters, so long as the station meets certain requirements.

    Commercial Real Estate groups spent a lot of time of effort working on AB 2565 and went from vociferously opposing the measure as it initially mandated that all commercial properties across the state install EV Chargers, to supporting the measure after it was significantly changed and all of our language requests were accepted by the author.

    The law now provides protections for both property owners and tenants against unreasonable costs and assures that any EV installations conform to some basic statewide standards.  Click on the bill number above to read the law which will go into effect next year.

    Here are the other EV measures:

    • AB 1721 (Linder; R-Corona): Grants free or reduced-rates in high-occupancy toll (HOT) lanes to clean air vehicles.
    • AB 2013 (Muratsuchi; D-Torrance): Increases to 70,000 the number of advanced technology partial zero-emission vehicles that may be allowed in high-occupancy vehicle lanes, regardless of occupancy level.
    • AB 2090 (Fong; D-San Jose): Repeals the level of service requirements on HOT lanes for the San Diego Association of Governments and the Santa Clara Valley Transportation Authority, and directs them to work with the California Department of Transportation to develop appropriate performance measures.
    • SB 1275 (de León; D-Los Angeles): Creates the Charge Ahead California Initiative, which provides incentives to increase the availability of zero emission vehicles in low-income communities.
    • SB 1298 (Hernandez; D-West Covina): Makes the pilot projects for the Los Angeles County Metropolitan Transportation Authority’s operation of HOT lanes on State Highway Routes 10 and 110 permanent

    Click here to learn more about each of these bills.

    According to the Governor’s press release, “This action builds on the state’s efforts to help California’s electric vehicle market grow, including legislation Governor Brown signed last year and the executive order he issued in 2012 to establish a target of 1.5 million zero-emission vehicles on the road in California by 2025 and a number of other long-term goals.  California accounts for 40 percent of the nation’s plug-in electric vehicle sales and earlier this month, surpassed 100,000 plug-in electric vehicles soldNational Drive Electric Week is a nationwide celebration of all-electric and plug-in hybrid-electric vehicles and includes more than a dozen events across California between September 15th and 21st.”