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  • Archive for September 16th, 2016

    Sep 16

    GOVERNOR SIGNS AB 2093 ADA REFORM BILL

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    A bill strongly supported by the commercial real estate industry, AB 2093 (Steinorth; R-Rancho Cucamonga), has been signed by Governor Brown.  The bill which industry has worked on for several year, moved through the legislature on strong bipartisan votes.  AB 2093 clears-up issues related to required lease language and disclosures when your building has been inspected by a California Certified Access Specialist (CASp).  Such inspections and disclosures provide a layer of legal protection that helps prevent unnecessary and/or frivolous lawsuits while increasing access to public spaces.

    “Many businesses are simply unaware of ADA violations on their property, and are unexpectedly served with lawsuits which could put them out of business,” said Assemblymember Steinorth when discussing AB 2093. “This doesn’t help customers, businesses, or our community. AB 2093 will give businesses more educational tools and resources, so they can proactively avoid this situation and make their property accessible for all.”

    Click here to read the bill, AB 2093 as it was signed into law.

    Rex Hime, President and CEO of CBPA stated, “this is an example of the simple common sense measures we work with the Legislature and Governor on to assure that our buildings are accessible to our tenants and customers without opening the door wide open for abusive lawsuits.  This bill, coupled SB 269 by Senator Roth will go a long way to address serious issues in our state’s laws.”

    Sep 16

    GOVERNOR SIGNS JANITOR PROTECTION BILL

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    Governor Jerry Brown has signed SB 1978 (Gonzales; D-Los Angeles) that establishes various requirements for the janitorial industry, including a registration requirement and protections against workplace sexual violence and harassment.  Here is a link to the full text of the bill SB 1978, as signed into law. Our industry had concerns with early versions of the bill which we worked with the author to address and ultimately remained neutral.  We recommend consulting closely with your janitorial and labor experts to understand the requirements and impact on your particular building.

    Here is a story from the Sacramento Bee that goes into some of the political details and policy discussions.

    Sep 16

    STRATEGIC GROWTH COUNCIL

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    The California Natural Resources Agency, in partnership with the California Environmental Protection Agency, California Department of Food and Agriculture, California State Transportation Agency, California Health and Human Services Agency, California Business, Consumer Services and Housing Agency, the Strategic Growth Council, and the Governor’s Office of Planning and Research, is pleased to share the, “Vibrant Communities and Landscapes: a Vision for California in 2050.”

    According to the authors:  This document was developed with the recognition that land use decisions are inherently difficult decisions that require consideration of many conflicts and tradeoffs, and balancing the needs of many constituencies, including disadvantaged communities, businesses, local agencies, developers, and landowners. This document is not intended to reconcile these issues or to remove them from the domain of local governments. Rather, this document is intended to consider land use in the context of the California’s climate change policy and how the State can support actions, at all levels of government, to facilitate development and conservation patterns that help to achieve the State’s climate goals.

    Sep 16

    SDUT: PROP 53 IS A “CUMBERSOME MESS”

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     The San Diego Union Tribune has weighed in on Proposition 53, opposing it and calling a poorly written “cumbersome mess.”  We agree with their assessment!  Our industry has taken a strong stance against this measure, aligning with the Governor, local government, and labor unions.

    According to the paper, this “ballot measure is a mess. It is so poorly written that it doesn’t even define “project,” according to a Legislative Analyst’s Office analysis. A local government that wanted to build a major infrastructure project might have to put its plan before all state voters if it got even limited state assistance.
    “And Proposition 53 doesn’t exempt emergency repairs following earthquakes or disasters.
    Read the entire editorial here. More than 230 groups, including the commercial real estate industry, have joined the bipartisan statewide coalition representing local government, public safety, water, business, labor, agriculture, educators and more opposing Prop 53.

    Sep 16

    DOWN BALLOT MEASURE COULD COST YOU BIG BUCKS

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    Our friend Jon Coupal, President of the Howard Jarvis Taxpayers Association, wants to warn you about several propositions on the ballot.  Although we haven’t taken an official position on all of these measures, we generally think Jon makes sense!

    He states, in part, “A number of the state measures will impact taxpayers. Propositions 55 is an extension of California’s highest state income tax rate in the nation, which was sold as “temporary” when approved by voters in 2012. Proposition 56 would increase tobacco taxes to fund ongoing programs that will demand funding, even when the number of smokers declines. Proposition 53 is also important as it would expand taxpayers’ right to vote on major state bonds for megaprojects costing more than $2 billion.

    “To help voters make informed decisions, the Howard Jarvis Taxpayers Association has created a special website, California Initiatives 2016, which has simple summaries of what the 17 initiatives will do and links to the websites of the sponsors and opponents of each measure.

    Click here to read the full piece and to access the Taxpayer Tool for assessing propositions.

    Sep 16

    VOTER GUIDE RELEASED – IT’S A NOVEL!

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    The voter guide for the November 8, 2016 election is a breezy 224 page document that is sure to be a thrilling read.  The weightiness of the voter guide is due mainly to the seventeen propositions on the ballot dealing with a broad range of issues from education to taxes.

    Sep 16

    ALL THE PROPOSITIONS

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    Here is a list of all the propositions on the ballot with links to the full text.  The commercial real estate industry has taken a position on two; Support the Education Bond (Prop 51); Support the legislative “sunshine” measure (Prop 54); and Oppose the Cortopassi Initiative (Prop 53).

    Proposition 51School Bonds. Funding for K–12 School and Community College Facilities. Initiative Statute. 

    Proposition 52Medi-Cal Hospital Fee Program. Initiative Constitutional Amendment and Statute. 

    Proposition 53Revenue Bonds. Statewide Voter Approval. Initiative Constitutional Amendment. 

    Proposition 54Legislature. Legislation and Proceedings. Initiative Constitutional Amendment and Statute. 

    Proposition 55Tax Extension to Fund Education and Healthcare. Initiative Constitutional Amendment. 

    Proposition 56Cigarette Tax to Fund Healthcare, Tobacco Use Prevention, Research, and Law Enforcement. Initiative Constitutional Amendment and Statute. 

    Proposition 57Criminal Sentences. Parole. Juvenile Criminal Proceedings and Sentencing. Initiative Constitutional Amendment and Statute. 

    Proposition 58English Proficiency. Multilingual Education. Initiative Statute. 

    Proposition 59Corporations. Political Spending. Federal Constitutional Protections. Legislative Advisory Question.

    Proposition 60 Adult Films. Condoms. Health Requirements. Initiative Statute. 

    Proposition 61 – State Prescription Drug Purchases. Pricing Standards. Initiative Statute. 

    Proposition 62Death Penalty. Initiative Statute. 

    Proposition 63 Firearms. Ammunition Sales. Initiative Statute. 

    Proposition 64Marijuana Legalization. Initiative Statute. 

    Proposition 65Carryout Bags. Charges. Initiative Statute.

    Proposition 66Death Penalty. Procedures. Initiative Statute. 

    Proposition 67Ban on Single-Use Plastic Bags. Referendum. 

     

    Click here to explore all of the propositions in depth.

    Sep 16

    GOVERNOR SIGNS PARCEL TAX NOTIFICATION BILL

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    The Governor has signed into law AB 2476 (Daly; D-Anaheim) a law that now requires public agencies seeking voter approval of parcel taxes to send specified information to nonresident landowners within 30 days of enacting the ordinance.  We supported this measure, worked with the author to assure its passage in the legislature, and applaud both Assemblymember Daly and Governor Brown for its enactment.

    Sep 16

    SINGLE USE BATHROOM BILL ON GOVERNOR’S DESK

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    AB 1732 (Ting D) regarding single use bathrooms has been sent to the Governor.  We have followed the bill closely and remain neutral on the bill.  The bill requires all single-user toilet facilities in any building to be designated as all-gender toilet facility. The bill authorizes inspectors, building officials, or other local officials responsible for code enforcement to inspect for compliance with these provisions during any inspection.  In plain English, if you have a bathroom that an individual can go into and lock the door, that restroom should not be designated as either an exclusively male or female restroom.  Under the current building codes, it would be deemed as a “unisex” bathroom.

    Sep 16

    LOCAL PAID SICK LEAVE ORDINANCES

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    Vetter Price PC has an article meant to inform you about all the local sick leave ordinances in the State of California that you as an employer need to be aware of.  The piece entitled “California Corner: Achoo! New Local Paid Sick Leave Ordinances are an Epidemic in California,” can be found by clicking here.

    Sep 16

    NEW PROPOSITION 65 RULES

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    Morrison & Foerster, LLP has a piece regarding the new Proposition 65 rules.   If you own or manage any properties, these rules are very important to know and follow properly.  The article entitled “WARNING: California Adopts New Proposition 65 ‘How to Warn’ Rules” can be found here.

    Sep 16

    NONRES LIGHTING CONTROLS ACCEPTANCE TEST

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    On September 14, 2016, the California Energy Commission approved the National Lighting Contractors Association of America’s (NLCAA) nonresidential lighting controls acceptance test technician certification provider (ATTCP) application updates for the 2016 Building Energy Efficiency Standards (2016 Standards) code cycle. NLCAA can now begin training, certifying, and recertifying acceptance test technicians and acceptance test employers under the 2016 Standards, California Code of Regulations, Title 24, Part 6, and associated administrative regulations in Part 1, Chapter 10.

    In accordance with the California Code of Regulations, Title 24, Part 1, Chapter 10, Section 10-103-A(f)1, the Energy Commission has completed a thorough review and has validated the information received in NLCAA’s 2016 update report. The staff report was made available to the public for comment on August 17, 2016.  For more information on the ATTCP program, please click here.