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  • Archive for April 30th, 2015

    Apr 30


    Posted by Crystal Whitfield | No Comments

    Our friends at ICSC in D.C. have let us know that H.R. 1732, “The Regulatory Integrity Protection Act of 2015,” was introduced in the House April 13.

    This legislation would require the withdrawal of the current proposed rule to redefine “Waters of the U.S.,” and would direct EPA and the Corps to re-propose a new rule after transparent and robust consultation has occurred with affected governmental and private sector stakeholders. The bill passed on April 15 in the House Transportation and Infrastructure Committee on a mostly party-line vote (Democratic Representatives Sean Patrick Maloney of New York and Cheri Bustos of Illinois broke party lines to vote in favor of the bill).

    The rule was sent to the Office of Management and Budget (OMB) on April 3 for interagency review and a timeline for the rule’s finalization is currently unknown. Similar legislation is expected to be introduced in the Senate in the coming week, and a vote on this House legislation is expected on Thursday, April 30.

    Please click here to urge your Representatives to support H.R. 1732.

    Apr 30


    Posted by Crystal Whitfield | No Comments

    The California Chamber of Commerce released its list of job creator bills calling attention to the 11 bills that will improve the state’s job climate and stimulate the economy.  As proud members of the CalChamber and coalition partners on many issues under the Capitol Dome we are working with them to advance many of the bills that impact the commercial real estate industry.

    Since 2008, the CalChamber has identified bills that will improve the state’s job climate and stimulate the economy, designating these proposals as job creators. In general, the job creator bills include solutions that will enhance the state’s economy.


    AB 35 (Chiu; D-San Francisco) Creates Affordable Housing Opportunities. Expands the existing low-income housing tax credit program, making the state better able to leverage an estimated $200 million more in Federal Tax Credits.

    AB 323 (Olsen; R-Modesto) Expedites and Reduces Cost for Roadway Repair and Maintenance Projects. Streamlines infrastructure development by extending indefinitely the current CEQA exemption for certain roadway repair and maintenance projects.

    AB 641​ (Mayes; R-Yucca Valley) Expedites and Reduces Cost for Housing Projects. Streamlines and reduces regulatory burdens for the approval and construction of housing developments by providing an expedited review process under the California Environmental Quality Act.


    AB 52 (Gray; D-Merced) Disability Access Litigation Reform. Seeks to improve access for disabled customers and limit frivolous litigation against businesses for construction-related accessibility claims by providing an opportunity for the businesses to timely resolve any potential violations.

    AB 54 (Olsen; R-Modesto) Disability Access Litigation Reform. Seeks to improve access for disabled patrons without harming businesses through frivolous lawsuits by providing businesses with a 60-day right to correct the violation for a claim based upon a constructed related accessibility standard that was changed or modified in the prior three years.

    AB 588 (Grove; R-Bakersfield) Reduces Frivolous Litigation. Seeks to limit frivolous litigation under the Labor Code Private Attorneys General Act, by allowing an employer a 33 day right to cure technical violations on an itemized wage statement that did not cause any injury to the employee.

    AB 1252 (Jones; R-Santee) Protects Businesses from Proposition 65 Lawsuits. Provides needed relief to small businesses by prohibiting a person from bringing a Proposition 65 lawsuit against a business employing fewer than 25 employees. Failed passage in the Assembly Environmental Safety and Toxic Materials Committee, 04/14/15. Reconsideration Granted

    AB 1470 (Alejo; D-Salinas) Reduction of Costly Employment Class Action Litigation. Limits frivolous class action litigation against employers in California who are creating high paying jobs by creating a rebuttable​presumption that employees earning at least $100,000 and performing non-manual labor and at least one exempt duty are exempt from overtime requirements.

    SB 67 (Galgiani; D-Stockton) Disability Access Litigation Reform. Seeks to limit frivolous litigation against small businesses and those that have sought to comply, by limiting remedies to injunctive relief and expanding the current period to correct any violation from 60 to 120 days.


    AB 1038 (Jones; R-Santee) Flexible Workweek. Provides employers with the opportunity to accommodate employees’ needs as well as business demands by allowing employees to request a voluntary, flexible workweek agreement that can be repealed by the employee at any time with proper notice. Failed passage in the Assembly Labor and Employment Committee, 04/22/15. Reconsideration Granted.


    Apr 30


    Posted by Crystal Whitfield | No Comments

    The CalChamber has provided some historical perspective on how the Legislature has treated past bills identified by the business community as high priorities to support.

    2014: 14 job creator bills identified, 5 sent to Governor, signs 5
    2013: 16 job creator bills identified, 2 sent to Governor, signs 2
    2012: 34 job creator bills identified, 9 sent to Governor, signs 9
    2011: 5 job creator bills identified, 0 sent to Governor
    2010: 16 job creator bills identified, 4 sent to Governor, signs 4
    2009: 18 job creator bills identified, 2 sent to Governor, signs 2
    2008: 3 job creator bills identified, 2 sent to Governor, signs 2

    Let’s hope 2015 is the best year for Job Creator bills ever.


    Apr 30


    Posted by Crystal Whitfield | No Comments

    According to a press release from the CA Controller:  With momentum building for comprehensive tax reform in California, State Controller Betty T. Yee today appointed a Council of Economic Advisors to assess the impact of proposals across the spectrum of taxpayer constituencies.

    The nine-member council will include experts from a variety of backgrounds including academia, economics, business, and government. The group’s core objective is to review and comment on the potential impacts of numerous tax reform proposals. Working with data from the California Board of Equalization, California Franchise Tax Board, and State Controller’s Office, the council members will assess the workability of proposals including practical effects, unintended consequences, and prospective alternatives. Controller Yee will convene the first meeting of the council in Sacramento in May.

    Click here for more information on the Controller’s Council of Economic Advisers.

    Apr 30


    Posted by Crystal Whitfield | No Comments

    Two weeks ago the State Water Resources Control Board issued recommendations for meeting the mandate of cutting water use in the state by 25%, dividing communities into four tiers of water use and assigning a targets – from 10% to 35% – for reductions.  On Friday, they released a revised version of this plan which expands the tiers number of tiers to 9 and broadens the range of targeted reductions from 8% to 36%.

    Of the 400 water agencies in the state, 94 will have to reduce water use by the maximum amount, 36 percent. Twenty three agencies fall in the lowest reduction tier, 8 percent.

    Want to know what your water agency’s target is? Click here to see the spreadsheet.

    You can also see the draft regulations here.

    Apr 30


    Posted by Crystal Whitfield | No Comments

    Court rejects San Juan Capistrano’s tiered water rates, which could have statewide implications, Click here for the article.

    Apr 30


    Posted by Crystal Whitfield | No Comments

    Governor Edmund G. Brown Jr. issued the following statement on the 4th District Court of Appeal decision regarding the City of San Juan Capistrano’s tiered water rates:

    “The practical effect of the court’s decision is to put a straitjacket on local government at a time when maximum flexibility is needed. My policy is and will continue to be: employ every method possible to ensure water is conserved across California.”

    The decision is being reviewed by the state’s lawyers. To learn more about the state’s drought response, visit Drought.CA.Gov. Every Californian should take steps to conserve water. Find out how at SaveOurWater.com

    Apr 30


    Posted by Crystal Whitfield | No Comments

    Last week Governor Edmund G. Brown Jr. convened officials representing a broad array of leaders that impact water usage at non-residential properties, including landscape, golf, home and garden, spa and pool, cemetery and mortuary, building and manufacturing, retail, restaurant and hospitality industries.  Rex Hime, President and CEO of California Business Properties Associations, was included and represented the commercial, industrial, and retail real estate industry.

    The Governor set the stage for the discussion by noting, “The key challenge here – aside from getting the water – is to be able to collaborate together.  We’re going to rise to the occasion as Californians first and as members of different groups second.”

    The meeting was meant to address the state’s first ever 25 percent statewide mandatory water reductions and a series of actions initiated by the state to help conserve water

    Hime made it clear that our industry believes that water conservation is not just good public policy but it makes good business sense. He pointed out that numerous internal and external changes have already been done to reduce water needs and that the industry has in some instances already met the reductions sought by the Governor.

    Brown stressed it was going to be important to work with the local water agencies in adopting appropriate policies.

    The Governor’s initial Executive Order includes measures to help: replace lawns with drought tolerant landscaping and old appliances with more water and energy efficient models; cut water use at campuses, golf courses, cemeteries and other large landscapes; prevent potable water irrigation at new developments unless water-efficient drip systems are used; and stop watering of ornamental grass on public street medians.

    Members of the press came into the room at the end of the meeting and asked the Governor and participants questions.

    Click here for the news story about the meeting.