• Established in 1972 · CBPA has over four decades of service to the commercial industrial retail real estate industry
  • Archive for July, 2016

    Jul 8

    SUMMER RECESS

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    The California State Legislature is currently in Summer Recess so now is a good time to review the 2016 Legislative Session so far. Representing the largest coalition of commercial real estate industry professional groups and individual companies, we are tracking over 400 pieces of legislation. We have taken positions on 184 bills (94 support and 90 oppose). This number is slightly higher than last year because we are in the second half of a two year session and quite a few “two-year bills” are still in the mix.  Those bills that we oppose we work hard to fix in order to remove concerns.

    Jul 8

    WEEKLY ON HIATUS

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    Due to the Summer Recess, this Weekly eNewsletter will be on hiatus, returning on Friday, August 12. But don’t worry; your Sacramento staff will be here keeping an eye on the Capitol and if anything exciting happens we will make sure you know about it.

    Jul 8

    CALIFORNIAN ELECTED CHAIR OF BOMA INTERNATIONAL

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    On behalf of the commercial, industrial, and retail real estate industry we want to congratulate Brian M. Harnetiaux on his election to Chair and Chief Elected Officer for Building Owners and Managers Association (BOMA) International for 2016-2017.  Brian is Vice President for Asset Management, at Costa Mesa, CA based McCarthy Cook.  Brian is an active member with BOMA Orange County, is the immediate past president of BOMA California, and sits on the advisory board for CBPA.

    Brian is a knowledgeable resource for us here in Sacramento helping us understand how statewide policies will impact his buildings and is always available when needed to help advocate with policymakers.  CONGRATULATIONS BRIAN!  Click here for more information about Brian and his election to one of the top volunteer positions in the industry.

    Jul 8

    ADA BILL PASSES CONGRESSIONAL JUDICIARY COMMITTEE

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    We thank our friends at ICSC for providing the following report about the ADA Education and Reform Act”- of note, California has two Republicans on the Committee that supported the measure Rep. Darrell Issa and Rep. Mimi Walters.  There are four Democrats on the committee and our position was only supported by one of them, Rep. Scott Peters:

    After more than two hours of debate, a version of H.R. 3765, “The ADA Education and Reform Act of 2015” (with previously agreed upon changes), passed the House Judiciary Committee by a vote of 15-6 on July 7.

    Introduced by Rep. Ted Poe (R-TX-02), the bill protects the ability of individuals with a disability to file a lawsuit and ensures they have full and proper access to public spaces, shopping centers and retailers, while restoring the necessary balance to Title III litigation. The legislation contains a “notice and cure” provision that would create a temporary pause in litigation up to 120 days to allow property owners to correct identified barriers to access.

    Judiciary Committee Chairman Bob Goodlatte (R-VA-6) was among those in favor of the bill.

    “Unfortunately private sector enforcement of the ADA has led to the abuse of our legal system in many cases,” Goodlatte said. “One common tactic used by opportunistic attorneys is to file mass claims against small businesses and then settle for just less than what it would cost these mom and pop businesses to defend themselves in court.”

    Jul 1

    WOW! 17 PROPS QUALIFY FOR NOVEMBER BALLOT!

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    Secretary of State Alex Padilla announced that seventeen measures have qualified for the November 2016 ballot – the most propositions to appear since March 2000.   Two of the measures were placed on the ballot by the Legislature and 15 qualified through the initiative and referendum process. Ballot order and proposition numbers will be assigned and announced by close of business today.

    We have already taken a position on two ballot measures, support for a $9B School Bond and opposition to the so-called “Cortopassi Initiative” which will force statewide votes on some local projects funded by revenue bonds.

    Click here to take a look at summaries for all the initiatives that range from legalization of recreational marijuana to cigarette taxes to death penalty reform.  It will be a very interesting campaign season!

    Jul 1

    PROP 30 – TEMPORARY TAXES – WILL RE-APPEAR

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    A coalition of unions worked to qualify a ballot measure to make the “temporary” taxes passed by voters in 2012 via Proposition 30, permanent.  The taxes add up to a $5B hit on businesses and high income earners.  Click here for more information.

    Jul 1

    POLICY DEADLINE!

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    Yesterday was one of the major deadlines of the year whereby all bills must be out of policy committee in their second house or they are “dead.”  More than fifty four bills that we actively tracked were heard in the past five days.  Here is a link to some of those that passed committee we support:

    AB 1330 (Bloom – D)   Energy efficiency.

    AB 1704 (Dodd – D)   Water rights: small irrigation use: lake or streambed alteration agreements.

    AB 1807 (Bonta – D)   Real estate licensees.

    AB 1928 (Campos – D)   Water efficiency: landscape irrigation equipment.

    AB 2180 (Ting – D)   Land use: development project review.

    AB 2299 (Bloom – D)   Land use: housing: 2nd units.

    AB 2334 (Mullin – D)   Sales and use taxes: exclusion: alternative energy financing.

    AB 2515 (Weber – D)   Water Conservation in Landscaping Act: model water-efficient landscaping ordinance.

    Unfortunately, several bills we opposed also passed committee:

    SB 32 (Pavley – D) Would require the State Air Resources Board to approve a statewide greenhouse gas emissions limit that is equivalent to 40% below the 1990 level to be achieved by 2030. This bill contains other related provisions.  OPPOSE

    SB 1387 (de Leon) Would require a district board to submit to the State Air Resources Board for review and approval the district’s plan for attainment or a revision to that plan, as specified. The bill also would require a district board to submit to the state board for review and approval the district’s market-based incentive program and any revisions to that program, as specified. The bill would prescribe specified actions for the state board to take if the state board determines that a plan for attainment, a revision of a plan for attainment, a market-based incentive program, or a revision to a market-based incentive program do not comply with law. OPPOSE.

    AB 1978 (Gonzalez – D) Would establish specific standards and protections for property service workers, to be known as the Property Service Workers Protection Act, and define terms for its purposes. This bill contains other related provisions and other existing laws.  OPPOSE UNLESS AMENDED.

    Jul 1

    COASTAL COMMISSION BILLS LIMITING ACCESS OPPOSE

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    Two bill that seek to limit access by project proponents to the Coastal Commission both passed through separate policy committees this week on party line votes in the Assembly and Senate, despite strong opposition and are up for hearing and strongly opposed by CBPA and local government groups.  Even if your company does not own property near the coast the precedent these bills will set will act as a chilling effect for public access to other regulatory agencies.

    AB 2002 (Stone – D) Would require a California Coastal Commission member to fully disclose in writing 24 hours before a commission hearing any ex parte communication conducted within 7 days of the commission hearing relating to a matter that will be discussed at the hearing, and would prohibit a commission member or an interested person from conducting such an ex parte communication within 24 hours before the commission hearing. This bill contains other related provisions and other existing laws. OPPOSE.

    SB 1190 (Jackson – D) Would prohibit a California Coastal Commission member or an interested person from intentionally conducting any ex parte communication or any oral or written communication regarding a pending enforcement investigation that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. OPPOSE.

    The California Coastal Commission is responsible for land use and permitting decisions along the 1,100-mile California coastline. Among other things, the Commission has authority to issue coastal development permits in areas without local coastal programs (LCPs) and act on appeals from areas with LCPs on matters ranging from small issues such as constructing or remodeling single family residences, to major public works projects, as well as enforcement issues, cease and desist orders, and matters in litigation.

    Jul 1

    AFFORDABLE HOUSING/HOMELESS ISSUES MAJOR TOPIC OF DISCUSSION

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    For the last several years the Legislature and local governments have struggled with a way to address the affordable housing and related homelessness issue in a comprehensive manner.  This week, the Legislature passed a major initiative in the budget that looks like it has brought together some consensus.  Dubbed the “No Place Like Home initiative,” which uses bond money from Proposition 63, the Mental Health Services Act, and creatively leverages billions of additional dollars from other local, state, and federal agencies to achieve the following goals, including $2 billion bond to construct permanent supportive housing for homeless persons with mental illness. Click here for more information directly from the Act’s author Senate pro tem Kevin de Leon.

    Jul 1

    2030 GHG TARGET SCOPING PLAN CONCEPT PAPER

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     The 2030 Target Scoping Plan Concept Paper provides an additional opportunity for public and stakeholder engagement and input prior to release of the Draft AB 32/GHG Scoping Plan later this year.  The intent of the paper is to inform an ongoing stakeholder process for how to most effectively achieve a 40 percent reduction in GHG emissions by 2030 as compared to 1990 statewide GHG emissions.

    The content of this paper has been informed by several public workshops and meetings held to date, beginning with the Governor’s Climate Change Strategy Pillar Workshops held in summer 2015.  Since then, ARB staff, in collaboration with other State agencies, has held numerous public workshops to develop the Draft Scoping Plan, including several Environmental Justice Advisory Committee meetings, a public meeting to discuss the greenhouse gas (GHG) modeling and economic analysis that will be included in the Draft Scoping Plan, and other sector-specific public workshops.

    These multi-agency meetings provided State agencies the opportunity to share their near- and long-term visions for climate policy and actively solicited the public’s comments, concerns and questions.  The 2030 Scoping Plan Concept Paper is now posted here.