• Established in 1972 · CBPA has over four decades of service to the commercial industrial retail real estate industry
  • DUAL AGENCY BILL SET ASIDE FOR THE YEAR

    Posted: April 28, 2017 | Posted by CBPA | No Comments

    We are happy to report that the Dual Agency Ban Bill, AB 1059 (Gonzalez Fletcher), has been pulled from the Assembly Judiciary Committee docket and we have been told by the author’s staff that she will not pursue the measure further right now (but that it may be revisited over the Interim Recess or next year).  This is great news and we appreciate the fact that Ms. Gonzalez Fletcher has chosen not to move forward with this bill.

    Right now is a good time to breathe a sigh of relief, and take stock of where we are on the issue – but we want to be clear that the war is not necessarily over.  However, we can assume the sponsors of this bill will likely continue to press this issue and we should work to communicate about the benefits of dual agency with policymakers, clients, and the public at large.

    On this bill, we saw a mobilization of our industry unlike any we have seen in several years.  In a coordinated effort through the CBPA office in Sacramento, local chapters of NAIOP, BOMA, AIR and members of ICSC and individual members of CBPA across the state worked quickly to educate our own members and potential allies about the negative impacts of the bill and shared our concerns with Assemblymembers and their staff.

    And to find a positive in the midst of a storm, this was actually a great opportunity for our industry to work with legislators and their staffs and discuss the differences between residential and commercial transactions and why the State treats them separately in statute and how Dual Agency was being mischaracterized by the sponsor of the bill.  This type of education is very important and helps lay positive groundwork and builds trust for success on other commercial real estate issues.

    We will continue to watch for activity in the Legislature while working with local chapters, associations, and companies to provide a “roadmap” to continued education of policymakers and the public about our industry.  But this bill may come back early next year and we need to be ready.

    Until then, thank you to the hundreds of companies and individuals that stepped up to meet this threat to our industry.

    “MOD SQUAD” DEMOCRATS NAME NEW CONVENER

    Posted: April 28, 2017 | Posted by CBPA | No Comments

    Assemblymember Rudy Salas (D-Bakersfield) and Assemblymember Jim Cooper (D-Elk Grove) today announced that Assemblymember Adam Gray (D-Merced) has been named the convener of the informal caucus of moderate Democrat Assemblymembers known as the New Democrats, effective immediately, according to a press release from the group.

    “I am honored to have been selected as convener by my colleagues and look forward to working to find common ground and real solutions to the problems facing our state,” said Assemblymember Gray. “The New Democrats are committed to a pragmatic approach that promotes the interests of hard-working Californians alienated by the extreme partisanship of both the left and the right.”

    In addition, the New Democrats today announced the creation of an executive committee that will collaboratively set policy discussion.

    The New Democrats, or “Moderate Caucus,” or “Mod Squad,” as they are alternatively known, has become a growing force in the State Capitol as its members have started sticking together more often to influence policy and stop or advance bills.  As a business group we find that our members and the Mod Squad tend to have more in common than not, so we do our best to keep them informed of our issues.

    Congratulations to Assemblymember Gray!

    PROGRESS ON SOLAR BILL

    Posted: April 28, 2017 | Posted by CBPA | No Comments

    We are very pleased to report productive conversations with Senator Wiener (D-San Francisco) regarding his SB 71, a bill that is looking to better enable adoption of solar in residential and commercial settings.  Although this early version of the bill gives some of our members heartburn because it seems to unintentionally undermine the codes process in order to mandate solar in statute, through communications with Senator Wiener and his staff, we are hopeful our issues can be addressed.

    Strict solar requirements are heading our way. This is California, after all.  So addressing some policy issues ahead of time is a priority for our industry and we are pleased Senator Weiner is engaging in such a thoughtful manner.

    PREVAILING WAGE MANDATE BILL FIXED

    Posted: April 28, 2017 | Posted by CBPA | No Comments

    We are happy to report and want to thank all of you that helped, AB 199 (Chu; D-San Jose), a legislative proposal which would have posed a huge threat to the entire construction industry by mandating the payment of Prevailing Wages for private residential projects in California, has been amended in such a manner to address our issues.

    Due to the recent amendments to AB 199, our coalition, led by friends over at the California Building Industry Association (CBIA), have withdrawn its opposition to the measure.  The amendments return the bill to existing code (eliminating the problematic reference to “political subdivisions”) and add “a successor agency to a redevelopment agency when acting in that capacity,” after redevelopment agency.

    These amendments reflect the author’s and sponsor’s stated intent of the bill – to ensure that projects that had been approved by an RDA continue to pay prevailing wage.  Doing so addressed the concern that the bill was far more expansive, requiring nearly all private residential development to pay prevailing wage.

    There may still be some concern on the bill from our friends in local government regarding the RDA issue, but for now the major threat to all private construction has been lifted.

    Thank you to CBIA for leading this effort and to all of you that picked up the phone and/or wrote a letter to let policymakers know how bad this issue was for our industry.

    ADA CODE REGULATORY UPDATE PACKAGE RELEASED

    Posted: April 28, 2017 | Posted by CBPA | No Comments

    Division of the State Architect has release its Access Compliance package which starts the 45-Day language comment period for the disabled access update (7/1/18).  Your Sacramento staff is reviewing the package to see if there are any objectionable provisions remaining (we have been working on this for the past year).

    We would like to make sure that members of the industry who work with the code also have the opportunity to review and provide comments on any potential issues.  Click here and go to the DSA-AC section to access the official documents.

    PREVAILING WAGE MANDATE BILL FIXED

    Posted: April 21, 2017 | Posted by CBPA | No Comments

    We are happy to report and want to thank all of you that helped, AB 199 (Chu; D-San Jose), a legislative proposal which would have posed a huge threat to the entire construction industry by mandating the payment of Prevailing Wages for private residential projects in California, has been amended in such a manner to address our issues.

    Due to the recent amendments to AB 199, our coalition, led by friends over at the California Building Industry Association (CBIA), have withdrawn its opposition to the measure.  The amendments return the bill to existing code (eliminating the problematic reference to “political subdivisions”) and add “a successor agency to a redevelopment agency when acting in that capacity,” after redevelopment agency.

    These amendments reflect the author’s and sponsor’s stated intent of the bill – to ensure that projects that had been approved by an RDA continue to pay prevailing wage.  Doing so addressed the concern that the bill was far more expansive, requiring nearly all private residential development to pay prevailing wage.

    There may still be some concern on the bill from our friends in local government regarding the RDA issue, but for now the major threat to all private construction has been lifted.

    Thank you to CBIA for leading this effort and to all of you that picked up the phone and/or wrote a letter to let policymakers know how bad this issue was for our industry.

    DUAL “DUAL AGENCY” BILLS DUEL IN SACRAMENTO

    Posted: April 21, 2017 | Posted by CBPA | No Comments

    As we have previously let you know, two bills have been gut-and-amended to deal with Dual Agency in the State of California and are currently in the Assembly Judiciary Committee.  One of the bills deals directly with residential disclosure issues related to the California Supreme Court case knows as Horiike.  The other bill is using the cover of that court case to ban the common practice altogether in the commercial setting at the behest of a tenant only brokerage firm.

    Here are links to the two measures:

    AB 1626 (Irwin) Dual Agency Disclosures is a measure sponsored by the Realtors.

    AB 1059 (Gonzalez Fletcher) Bans Dual Agency is a measure sponsored by a tenant-rep brokerage firm.

    The Realtors have an effort at reform with AB 1626 to deal with issues the court raised for residential transactions noted in the Horiike case.

    We are very concerned with AB 1059 as it would have a negative impact on the commercial real estate industry and is not actually addressing issues related to Horiike as it is confined to commercial transactions.

    AB 1059 appears to be using the court decision as a pretext to pursue a pre-existing agenda that would codify a particular business model and discomfit competitors (and upend an entire industry in the process).

    OPPOSE AB 1059 DUAL AGENCY BAN

    Posted: April 21, 2017 | Posted by CBPA | No Comments

    Our members have let us know how bad AB 1059 is and there are active efforts all across California to communicate to legislators how this bill would upend our entire industry.  We have been asked to share information on how companies can go on record opposing this bill so we are providing the following address and fax number for you to send a short letter:

     

    The Honorable Mark Stone

    Chair, Assembly Judiciary Committee

    State Capitol

    Sacramento, CA 95691

     

    RE: AB 1059 (Gonzalez Fletcher) DUAL AGENCY BAN ***OPPOSE***

    Set for Hearing May 2, 2017

     

    Dear Assemblymember Stone:

    FAX LETTER TO:  916-319-2188

    You do not need to write a long technical legal letter.  To oppose this bill simply write a short note explaining that despite proponents claims, AB 1059 will hurt small and large tenants alike, driving down competition, raising costs and making transactions more difficult.

    Under this bill real estate transactions will be more complicated, costly, and adversarial than they are today by banning the ability for one firm – mutually agreeable to both parties — from coordinating purchase and/or lease transactions.  There are already rules in place to mandate disclosure of dual representation, so there is full transparency.

    COSTAR STORY ON CA DUAL AGENCY BAN

    Posted: April 21, 2017 | Posted by CBPA | No Comments

    Here is a recent story by Costar on two dual agency bills introduced in California.  See below for more detail about the two bills. Costar Story: CA to Consider New Legislation On Dual Agency

    ADA CODE REGULATORY UPDATE PACKAGE RELEASED

    Posted: April 21, 2017 | Posted by CBPA | No Comments

     Division of the State Architect has released its Access Compliance package which starts the 45-Day language comment period for the disabled access update (7/1/18).  Your Sacramento staff is reviewing the package to see if there are any objectionable provision remaining (we have been working on this for the past year).

    We would like to make sure that members of the industry who work with the code also have the opportunity to review and provide comment on any potential issues.  Click here and go to the DSA-AC section to access the official documents.

    CA’S WAR ON CARBON

    Posted: April 14, 2017 | Posted by CBPA | No Comments

    The Sacramento Bee asked the question “Is California winning its war on Carbon.”  The answer, is, interesting, to say the least.  What some may find frustrating is that building energy efficiency measures our industry has voluntarily and mandatorily taken over the past 20 years, has contributed greatly – and at great cost – but does not even merit a mentioned. Click here to read the full article.

    SPRING RECESS ENDS

    Posted: April 14, 2017 | Posted by CBPA | No Comments

    Spring Recess in the California State Legislature ends today and so does the “calm before the storm.” Over the next few weeks every bill introduced must be heard and passed by their policy committee of jurisdiction by May 19.  It’s one of the busiest four weeks in the year under the Gilded Dome.  Ready, set, Go!