California Business Properties Association

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CBPA STAFF



Matthew Hargrove

President & CEO

Rex W. Hime

VP Strategic Communications

Crystal Whitfield

Executive Assistant

Rex S. Hime

Senior Advisor

CBPA

Weekly Update

October 7, 2022

• LEGISLATIVE SESSION OVER - END OF SESSION UPDATE

• BILLS ON THE GOVERNOR'S DESK - SIGNED OR VETOED



• FAILED LEGISLATIVE PASSAGE

• CALL FOR LEGISLATION - THERE OUTTA BE A LAW!

• BSC CONSIDERS CHANGES TO GREEN BUILDING CODE



• 2022 CBPA CALENDAR

Legislative Session Over -

End of Session Update

The Governor had until September 30 to sign or veto bills passed by the Legislature before Sept. 1 and in the Governor’s possession on or after Sept. 1

Below, find a short list of priority bills that we worked on to advance or protect the office, industrial, and retail real estate industry. Many others did not make it through the Legislative process but rest assured – they will be back.

Bills on the Governor's Desk - 

Signed or Vetoed

SUPPORTED LEGISLATION

SB 301 (Skinner) California's version of the federal INFORM Consumers Act addressing organized retail crime and online sales of stolen products. SIGNED.

SB 846 (Dodd) Extends operations of Diablo Canyon Powerplant. SIGNED.

AB 1695 (Santiago) Incentivizes more use of adaptive reuse of residential and non-residential properties. SIGNED.

AB 1951 (Grayson) Sales Tax Exemption for Manufacturing Equipment Purchases. VETOED.

AB 2164 (Lee) Extends the Certified Access Specialist (CASp) license fee which benefits property owners, small businesses, and customers increasing accessibility and protecting from frivolous lawsuits. SIGNED.

AB 2316 (Ward) Solar incentives for residential and commercial which prioritizes access to assistance for renters and those who cannot install on-site solar and storage while compensating customers for the value of producing clean electricity when the grid is most strained. SIGNED.

AB 2432 (Muratsuchi) L.A. County Electric Vehicle Operations and Signage. SIGNED.

AB 2836 (Garcia) Incentivizes cost-effective criteria pollutant emission reductions in trucks and provides creditable emission reductions towards air quality attainment goals that otherwise would be obtained via onerous regulation. SIGNED.

OPPOSED LEGISLATION/VETO REQUESTS

SB 679 (Kamlager) Establishes the Los Angeles County Affordable Housing Solutions Agency and establishes new taxes and fees on residential and commercial projects. SIGNED.

SB 1020 (Laird) Accelerates renewable and zero-carbon mandates and requires 100% of all retail sales of electricity to California end-use customers by 2045. SIGNED.

SB 1137 (Gonzalez) Mandates a setback of 3,200 feet between any new oil wells and certain “sensitive receptors.” SIGNED.

AB 257 (Holden) Puts significant fiscal and legal requirements on small business owners/franchisees of counter-service restaurants by creating a labor council to set wage and other workplace requirements. SIGNED.

AB 1279 (Muratsuchi) Increases the cost of energy by mandating our state to reach carbon neutrality by 2045. SIGNED.

AB 2106 (Rivas) Subjects a wide range of commercial, industrial, and retail properties to costly compliance measures and potential lawsuits. VETOED.

AB 2438 (Friedman) Ensures long-term congestion and increased engine idling on already congested freeways and surface roads by requiring funding to incorporate road diets and lane reductions to reduce GHG impacts. VETOED.

NEUTRAL/FIXED LEGISLATION

SB 6 (Caballero) Attempts to provide incentives for dense market rate mixed-use development projects in areas zoned commercial in exchange for adopting certain union pay and training requirements. SIGNED.

AB 1632 (Weber) Initially required onerous access to private employee restrooms in all public buildings to people with certain medical conditions. Amendments addressed our concerns. SIGNED.

AB 1738 (Boerner Horvath) Initially mandated fully functioning EV charging stations in all existing commercial parking lots. Amendments brought requirements in line with recent building code adoption addressed concerns. SIGNED.

AB 2011 (Wicks) Attempts to provide incentives for dense market rate and affordable mixed-use development projects in areas zoned commercial in exchange for adopting certain union pay and training requirements. SIGNED.

AB 2206 (Lee) Initially required all non-residential leases to break out individual parking stall costs. Amendments removed the mandate on property owners/managers and provided alternate ways of compliance for employers. SIGNED.

AB 2260 (Rodriguez) Requires trauma kits be installed anywhere an AED is currently required. Amendments addressed our concerns with training requirements and liability. SIGNED.

Failed Legislative Passage

SB 15 (Portantino) Provides incentives for dense market rate mixed-use development projects in areas zoned commercial in exchange for adopting certain union pay and training requirements. NEUTRAL.

SB 260 (Wiener) Creates a tracking, reporting, and mandatory goal setting scheme for climate emissions in California that would negatively impact the economy and drive out jobs and tenants. OPPOSE.

SB 1105 (Hueso) Establishes the San Diego Regional Equitable and Environmentally Friendly Housing Agency and creates new taxes and fees without engagement with local stakeholders. OPPOSE.

SB 1393 (Archuleta) Requires local governments to consider cost and technological feasibility before requiring residential and commercial property owners to switch out their gas equipment with electric. SUPPORT.

AB 1778 (Garcia) Deprives communities of desperately needed state highway dollars to alleviate the congestion and freight corridor issues that contribute to the poor air quality experienced in these communities. OPPOSE.

AB 1858 (Quirk-Silva) Extends existing inspections and code enforcement to any buildings used for human habitation, regardless of zoning, and creates tenant protections when buildings are deemed unsafe. OPPOSE.

AB 1897 (Boerner Horvath) Establishes the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which covers certain single-use packaging and plastic single-use food service ware. NEUTRAL.

AB 1953 (Maienschein) Requires installation of Water Bottle Refill stations in most buildings. OPPOSE.

AB 2133 (Quirk) Adopts an aggressive 2030 GHG emissions reduction target to 55% below 1990 level. OPPOSE.

AB 2143 (Carrillo) Declares construction of all renewable electrical generation and battery storage of more than 15kWs installed on a non-single-family homes a public works project requiring Prevailing Wage. OPPOSE.

AB 2237 (Freidman) Makes road construction more difficult/expensive by requiring state and local transportation funding be consistent with a Sustainable Communities Strategy (SCS) and all state climate goals. OPPOSE.

AB 2829 (Low) Provides Grants to tenants for Certified Access Specialist (CASp) inspection. SUPPORT

AB 2840 (Reyes) Bans the building of any industrial facility 100,000 square feet or more within 1,000 ft of a “sensitive receptor,” which has a broad definition including almost any non-industrial/commercial use. OPPOSE.

Bill Ideas for 2023 -

There Outta be a Law!

We are making our annual call for bill ideas! Before the Legislature reconvenes in January, we need your ideas on proactive changes to the law that our industry should consider pursuing.

Are there issues in statute that could be made better, more efficacious?

Something not addressed in statute that should be fixed?

Let us know so we can do the needed research and work with authors to get a bill introduced by the appropriate deadlines. Please reach out to Mathew (mhargrove@cbpa.com) or Rex W. (rhime@cbpa.com) with your valuable input as soon as possible. 

BSC Considers Changes to Green Building Code

We are representing the commercial real estate industry in proceedings as the California Building Standards Commission (BSC) considers changes to the state’s Green Building Code. 

In addition to the usual update of its EV-Charging Standards, they are also considering a change requiring a carbon “Life Cycle Assessment” for new commercial buildings over 50,000 square feet. 

CBPA, BOMA, CBIA, and the California Building Officials vehemently oppose the change for numerous reasons. Most designers, builders, and code-enforcement personnel are completely unfamiliar with the topic of LCA and would be unable to implement such a change by the July 2024 effective date. Also, the BSC staff and proponents of the change have little or no data on the cost of implementing such a change, something required by an industry-supported bill passed a decade ago.

The BSC is also responding to a recommendation by the Governor’s Office and CARB to require EV-Charging retrofit when a commercial building alters or adds on to its existing parking facility in such a way that an upgrade is required to the building’s electrical panel(s). If the parking lot is being refinished/restriped, no such retrofit would be required. 

A similar mandate has been required in exiting residential facilities for the past 3 years. Industry representatives have suggested several edits to this proposal to increase clarity.  The related Code Change Advisory Committee will be conducted in Spring 2023. The industry has a voting member on that advisory committee.

These are your membership dollars at work, fighting to make sure regulations adopted that impact your projects and buildings make sense, are feasible, and are economically viable.

2022 CBPA Calendar

Tuesday, November 15

CBPA Board Meeting 

Sacramento

For more information on any of our events, please contact Crystal Whitfield at 916-443-4676 or cwhitfield@cbpa.com.