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  • Archive for the ‘Resources’ Category

    Feb 3

    ENSURE ADA COMPLIANCE

    Posted by Crystal Whitfield | No Comments

    Do you know that you can help protect your business from “Drive By ADA Lawsuits” by working with a California Certified Access Specialist?  Have you considered training any of your employees to become CASp Certified?  Our industry supported AB 1608 so you can do just that.

    One way of becoming certified is through a comprehensive academy specifically designed for those pursuing a thorough understanding of State and Federal Access laws, codes and regulations or studying for the Certified Access Specialist (CASp) Examination.

    Although we are not affiliated with this company, we do recommend you looking into the practical disabled access training they provide so you can benefit from the hard fought victory in California to assure our members are 100% ADA compliant, while providing a modicum of protection from frivolous lawsuits.  Click here for more information.

    Jul 22

    REDISTRICTING MAPS RELEASED

    Posted by Crystal Whitfield | No Comments

    The California Citizens’ Redistricting Commission presented and approved its draft of redistricting maps. Click here to see the new maps.

    Jul 15

    LA BUSINESS JOURNAL STORY ON ANTI-BUSINESS BILL AB 350

    Posted by Crystal Whitfield | No Comments

    The L.A. Business Journal has done some reporting on AB 350.  Click here to read their story, “Landlords see 90-day Law as a Union Boon.”

    From the story: “If this bill passes, the government will decide for us who we have to hire to take care of our buildings and how long we must keep them,” said Michele Dennis, president of the Building Owners and Managers Association of Greater Los Angeles. “Our hands will be tied if tenants complain about the level of service they receive.”  Click here to read it in full.

    Jun 17

    INDUSTRY GROUP ENDORSES BUILDING PERFORMANCE TRACKING HANDBOOK

    Posted by Crystal Whitfield | No Comments

    Our industry has endorsed the Building Performance Tracking Handbook, recently published by the California Commissioning Collaborative. The handbook outlines the steps needed to continually manage building performance, demystifies the complex array of building performance tracking tools available, and provides guidance on selecting the most appropriate tracking strategy. It’s primarily intended for property managers, energy managers, and facility engineers.

    While many tools start out being useful guides, they fail to provide a road map towards clearly demonstrating what is really required and essential with tracking and improving building performance. The Building Performance Tracking Handbook breaks from this format with not only providing the technical aspect of building performance tracking and improvement, but also includes the “human” factor that drives these actions and positive results.” – Carlos Santamaria, Glenborough, LLC.

    Click here for a free download of the Building Performance Tracking Handbook.

    May 27

    ***ACTION ALERT*** OPPOSE MEASURE TO MANDATE HIRING

    Posted by Crystal Whitfield | No Comments

    Please help us oppose a bill, identified by the CalChamber as a 2011 JOB KILLER, carried on behalf of SEIU that poses a major threat to your business.  AB 350 (Jose Solorio; D-Santa Ana), which creates a protected class of building services employees – employed with private sector companies. 

    Should this bill become law, tenants and property managers will not see a change in the staff responsible for day-today services when they hire a new company.  And new companies – union or non-union – will be forced to take on employees that they have not screened and who may not be up to the required tasks.

    AB 350 is extremely unfair to productive workers as it would displace employees who work for a service provider that has successfully competed for a new contract with employees from the previous company that lost the job — even if the reason for losing the contract was poor performance of the now protected employees. 

    Please contact your local Assemblymembers and ask them to oppose this measure based on the following arguments:

    1. The state should not make individual employment decisions for our industry.
    2.  It ties management’s hands forcing it to retain workers from a previous employer, and undermining California’s at-will employment presumption.
    3. It ensures that the incumbent union will remain the bargaining representative under the “successor employer” doctrine – regardless of whether the successor employer has a collective bargaining agreement or not.
    4. The decision to unionize a business should be made following the procedures outlined in the National Labor Relations Act, and not forced on either party, employer or employee, through such legislation.

    This is bad policy that is targeting you and your properties.  Help say “no” to this policy that will take away your rights as an employer and force hiring decisions upon you.

    The bill must be heard and voted on in the Assembly prior to Friday, June 3.  MAKE YOUR VOICE BE HEARD AND SEND A LETTER OPPOSING THIS BILL.

    Click here for talking points and more background information.

    Click here for an example Letter of Opposition.

    Click here to read an editorial about this bill written by BOMA Orange County Leadership.

    Apr 29

    NLRB GETS AGGRESSIVE

    Posted by Crystal Whitfield | No Comments

    The New York Times has been providing very good coverage of some very worrisome actions recently taken by the National Labor Relations Board.  The NLRB plans on suing two states for “card check” rules, and a major employer who moved operations from one state to another.  If you have not heard about these issues yet, here are a few “must read” articles:


    *Labor Board Plans Suits Against Two States Over Union Election Rules

    The N.L.R.B. told state officials it would file lawsuits against Arizona and South Dakota to block constitutional amendments that require secret ballots for unionization drives.

    *Labor Board Case Against Boeing Points to Fights to Come

    The federal labor board has sought to reinterpret and more vigorously enforce the rules governing employers and employees.

    *Labor Board Tells Boeing New Factory Breaks Law

    National Labor Relations Board files complaint seeking to force Boeing to bring airplane production line back to unionized factories in Washington State instead of moving work to nonunion plant in South Carolina; Boeing plans to contest labor board’s complaint.

    Apr 22

    PROPOSED CODE CHANGES RELEASED FOR REVIEW AND COMMENT

    Posted by Crystal Whitfield | No Comments

    The Building Standards Commission (BSC), Department of Housing and Community Development (HCD) and the Office of the State Fire Marshal (SFM) have released “45-Day Language” code-change proposals.  Key proposals include:

    Once adopted by the BSC, this round of changes would take effect on a statewide basis on July 1, 2012 .

    As with previous updates to the codes, staff will be reviewing all proposed changes and preparing comments for submittal to the proposing agency and the Building Standards Commission, however we need your review and comments (simply click on the code name above for the drafts).  Comments must be received by May 20th so we can have time to review, compile and provide to the BSC.

    Apr 8

    BUSINESS GROUPS SAY FEWER REGULATIONS WOULD SPUR GROWTH

    Posted by Crystal Whitfield | No Comments

    In a follow-up to our articles last week regarding this year’s push to reform the state’s regulatory climate, the LA Times has this story.  Specific improvements we are advocating include an enhanced role for the legislature in review and oversight of regulations, independent analysis of the economic impact of regulations and legislation, and an ongoing regulatory review process that will lead to the reform or elimination of ineffective and excessively burdensome regulations.  Click here to read the story on our regulatory reform efforts.

    Feb 18

    BILL INTRODUCTION DEADLINE FINALLY HERE – LEGISLATIVE HIGHLIGHTS

    Posted by CBPA | No Comments

    Today marks one of the major Constitutional dates on the Legislative Calendar – Bill Introduction Deadline.  In the last few days, hundreds of measures have been introduced.  Since we read every bill to identify those that will have an impact on our industry, it will take a few days to catch up.  However, below are a few measures that have already caught our attention.  Your feedback, analysis, and position recommendations are highly encouraged.

    Property Tax

    SCA 5 (Simitian – D) Taxation: educational entities: parcel tax. Would condition the imposition, extension, or increase of a parcel tax, by a school district, community college district, or county office of education upon the approval of 55% of its voters.

    Landlord/Tenant

    AB 265 (Ammiano – D) Tenancies: unlawful detainer.  Increases the time of UD notice period from 3 to 14 days.  

    AB 312 (Lowenthal, B – D) Civil rights: homeless persons. Creates protections for Homeless People on private property.

    AB 818 (Blumenfield – D)  Would require the owners of multifamily housing of five or more apartments to provide recycling services to tenants.

    CEQA/Land Use/Infrastructure

    AB 49 (Gatto – D) Permit Streamlining Act; Development: expedited permit review.  Requires Lead Agencies to provide information to developers explaining the permit approval process at the state and local levels.

    AB 208 (Fuentes – D)  Land use: subdivision maps: expiration dates.  Extend by 24 months the expiration date of any approved tentative map or vesting tentative map. 

    SB 34 (Simitian – D) Water infrastructure projects: fees. Declares the intent of the Legislature to enact legislation to develop a fee-based system to pay for costs associated with updating and modernizing water infrastructure projects in the state. 

    SB 214 (Wolk – D) Infrastructure financing districts: voter approval: Eliminates the requirement of voter approval and authorize the legislative body to create the district, adopt the plan, and issue the bonds by resolutions.

    SB 241 (Cannella – R) CEQA Litigation Protection Pilot Program of 2011. Would require the Business, Transportation and Housing Agency to select projects, exempt from judicial review. 

    SB 469 (Vargas – D) Land use: development project review: superstores: Increases required review of big box retail development.

    Online Retail Sales Tax Collection

    AB 153 (Skinner – D) Creates “Affiliate Nexus” for online retailers for purposes of State Sales Tax point of collection requirements. 

    AB 155 (Calderon, C – D) Revises definition of “retailer engaged in business in this state” for purposes of State Sales Tax point of collection requirements.

    SB 234 (Hancock – D) Creates a “Long Arm” provision in CA for purposes of State Sales Tax point of collection requirements.

    Business/General Issues

    AB 350 (Solorio – D) Displaced Janitor Opportunity Act.  Would rename the act the Displaced Property Service Employee Opportunity Act and make the provisions of the act applicable to property services, which would include licensed security, as defined, landscape, window cleaning, and food cafeteria services.

    AB 357 (Garrick – R) Equal access rights: construction-related access claims. The federal Americans with Disabilities Act of 1990 prohibits discrimination against an individual with a disability on the basis of that disability in specified situations, including employment opportunities and access to public accommodations, services, and transportation. 

    SB 202 (Hancock – D) Ballot initiatives: filing fees. Would find that the current $200 fee is inadequate to cover the costs to the state to process a proposed initiative and would increase the filing fee from $200 to $2,000.

    Building Standards/Energy/Water

     AB 19 (Fong – D) Building standards: Requires Water meters in New/Existing Multiunit and Mixed-Use Structures.

     AB 296 (Skinner – D) Global warming: urban heat island effects pavement. Regulates the reflectivity (albedo) of pavement to reduce the urban heat island effect.

     AB 317 (Calderon, C – D) Energy: master-meter customers. Provide that rebates do not include ratepayer funded incentives received by the master-meter customer as a result of investments in energy generation or efficiency. 

     SB 16 (Rubio – D) GREEN Energy: renewable energy and transmission projects: expedited permitting. 

     SB 209 (Corbett – D) Common interest developments: electric vehicle mandates ability to use charging stations in CIDs.

     SB 454 (Pavley) Gives CEC authority to enforce Energy Efficiency Regulations through fines and civil penalties.

    Feb 11

    RESPONSE TO REPORT CRITIQUING REDEVELOPMENT

    Posted by CBPA | No Comments

    On February 9, the Legislative Analyst’s Office (LAO) released a report critical of findings of an independent study commissioned by the California Redevelopment Association, which found that eliminating redevelopment could jeopardize more than 304,000 jobs annually. Unfortunately, the LAO’s critique is based on a fundamental misunderstanding of the report’s methodology. Click here to view the response from the authors of the original report, Dr. David Gallo, Professor of Economics, Chico State University, and Dr. Gus Koehler, Principal Time Structures, Inc. Their response clarifies these inaccuracies in the LAO’s report.

    Jan 28

    REGULATORY OVERSIGHT ANALYSIS AND REFORM

    Posted by CBPA | No Comments

    As charter members of the regulatory reform coalition, known as ROAR (Regulatory Oversight, Analysis and Reform Coalition), we will be spending a significant amount of time in Sacramento this year pushing for Legislative and Executive Brach action on peeling back some of the state’s many complicated, redundant, and ultimately job-killing regulations.  Jack Stewart , President of the California Manufacturers and Technology Association, has penned a piece for Capitol Weekly calling on state policymakers to follow the lead of President Obama and calls for a full review of California’s regulatory process, as a key step in putting the state on track for recovery.  Click here for the full article. Click here to read the President’s Executive Order.

    Jan 28

    CAL/OSHA INJURY/ILLNESS PREVENTION PROGRAM REQUIREMENTS

    Posted by CBPA | No Comments

    Our friends at the California Chamber have put out an employer alert to make sure companies, large and small, know how to comply with the Cal/OSHA Injury/Illness Prevention Program.  ALL employers, even those with just one employee, are required to have such a plan.  Click here for more information on how to comply.