STATE BUDGET?

Last week we ventured a guess that we might have a budget by Feb. 1. Two days to go and there are no public signs that such a feat will be accomplished, but our fingers remain crossed. Capitol Insiders say the chatter in the Hallways is that some action could come as early as the first part of next week. But Capitol Insiders have been wrong before…
 

CALIFORNIA ENTERING DROUGHT YEAR

We have been ringing the alarm bell about water issues for more than three years. However during that time, the Governor and Legislature have been unable to come to any agreement about preparing for the future. That dry future is almost here.

“We may be at the start of the worst California drought in modern history. It’s imperative for Californians to conserve water immediately at home and in their businesses,” stated California Director of Water Resources Lester Snow at a press conference to announce measurement of the meager Sierra Snowpack.

The Department of Water Resources’ (DWR) second snow survey of the winter season indicates snow water content is 61 percent of normal for the date, statewide. The state is heading into its third dry year.

Local water agencies are updating Urban Water Management Plans, and DWR is facilitating what water transfers may be available through its Drought Water Bank program. Many providers have already enacted mandatory or voluntary water rationing and it is likely more agencies will require some form of rationing if dry conditions persist.

Storage in California’s major reservoirs is low. Lake Oroville, the principal storage reservoir for the State Water Project (SWP), is at 28 percent of capacity, and 43 percent of average storage for this time of year. With only two months left in what is normally the wettest part of the season, it is growing increasingly unlikely that enough precipitation will fall to end the drought.

Continuing dry conditions and regulatory agency restrictions on Delta water exports are limiting water deliveries to farms and urban areas. A Biological Opinion from the National Marine Fisheries Service to protect salmon and steelhead is expected in March and is the latest action that may further reduce pumping capability. DWR’s early estimate is that it will only be able to deliver 15 percent of requested State Water Project water this year to the Bay Area, San Joaquin Valley, Central Coast and Southern California.

The state is in a dire situation when it comes to water supply and policymakers are fiddling in Sacramento. Click here for more information.

SOCAL UPDATE: CEQA BASED APPROACH TO INDIRECT SOURCE RULE

CBPA in leading an effort requesting the South Coast Air Quality Management District consider a CEQA based approached when complying with their Indirect Source Rule. Up until now, District staff has been pushing that a separate process be used, thereby granting the District more influence in land-use decisions. The CEQA approach will be reviewed by the District Attorney for comment at the next Working Group meeting, and we will keep you posted.
 

SALES TAX FAIRNESS AND SIMPLIFICATION ACT

With the full support of the real estate industry in California, Senator Denise Ducheny (D-San Diego), has introduced Senate Joint Resolution 1, calling on members of the California Congressional Delegation to cosponsor the federal Sales Tax Fairness and Simplification Act.

The Streamlined Sales and Use Tax Agreement provides states with a blueprint to create a simplified and more uniform sales and use tax system and provides justification for Congress to enact legislation to allow states to require remote sellers to collect the states' use tax. SJR 1 urges the President to sign into law the Sales Tax Fairness and Simplification Act or other legislation allowing for the collection of use taxes on products sold over the Internet, upon its passage by the Congress. Click here to read SJR 1.

AB 32 & CEQA: LETTER ON THRESHOLDS OF SIGNIFICANCE

CBPA has led an effort to draft comments and assemble a large coalition of business and industry groups to help provide guidance to the ARB. Click here to read the industry comments CEQA thresholds. ARB announced at a meeting yesterday that adoption of these regulations have been postponed beyond its March meeting due to the significant number of comments received. Hurray for small victories.

As the letter notes, AB 32 mandates a statewide goal of greenhouse gas emissions (GHG) reductions and charges the Air Resources Board (CARB) to achieve the target in a technologically feasible and cost effective manner. As currently recommended, CARB’s proposed thresholds of significance include both a numeric limit on GHG emissions for different categories of development, as well as performance standards. We argue that the thresholds of significance utilize performance standards alone, because the application of arbitrary numeric limits may be inconsistently applied, encourage lead agencies to adopt their own numeric limits defeating the purpose of a statewide standard, are not based on objective science and do not properly focus reductions on the most cost effective approaches.
 

NEW STATE DISABILITY ACCESS LAW REFORMS; FREE WEBINAR

A free web seminar explaining how businesses can reduce their risk of disability access lawsuits is being offered by CalBizCentral, the source for California business and human resource compliance products, presented by the California Chamber of Commerce.

The live web seminar focuses on SB 1608: What California’s New Accessibility Law Reforms Mean to California Employers. The half-hour web seminar, set for February 19 beginning at 10 a.m., will outline how the new law can help businesses and illustrate the new protections the law creates for employers.

Click here for registration and more information or call (800) 331-8877.

CBPA NEW LEGISLATOR LUNCHEON & BOARD MEETING

If you have not already done so, please RSVP for the bi-annual CBPA New Legislator Luncheon on February 18 in Sacramento. This is your opportunity to meet with new Assemblymembers and Senators in a relaxed atmosphere to discuss issues of importance to the commercial, industrial, and retail real estate sector. The luncheon follows the first meeting of 2009 for the CBPA Board of Directors. As an affiliate member of CBPA, BOMA California holds three seats on its board and members are welcome to attend. We expect a very good showing of legislators to the luncheon. Contact Melissa Martinez, 916-443-4676, for more information or to RSVP.
 

BOMA CALIFORNIA 2009 CALENDAR

FEBRUARY 2009

February 18— [note date change]
CBPA NEW LEGISLATOR LUNCHEON
Sacramento (Hyatt)

 

MARCH 2009

March TBD (Late March)—
BOMA/INDUSTRYWIDE LEGISLATIVE COMMITTEE MEETING
TBD (in Southern California)

March 23-24—
BOMA INTERNATIONAL, NATIONAL ISSUES CONFERENCE
Washington D.C.

 

APRIL 2009

April 3—
BOMA CA BOARD MEETING/LEGISLATIVE REVIEW
San Diego (exact location TBD)
10:00 a.m. - 2:00 p.m.