In This Issue:

• CBPA LEGISLATIVE COMMITTEE MEETS ON APRIL 8

• LEGISLATURE BACK ON GREENHOUSE GAS PATROL

• SCRUM FOR STIMULUS DOLLARS SETS OFF REGIONAL WATER BATTLE

• NEW BILLS ON WATER

• WEBCAST ON SAVING ENERGY WITH TOTAL LIGHT MANAGEMENT

• CBPA 2009 CALENDAR

CBPA LEGISLATIVE COMMITTEE MEETS ON APRIL 8

A roundtable of representatives from all facets of the commercial, industrial, and retail real estate industry will gather in Los Angeles on April 8, 2009, to discuss and set positions on all newly introduced bills impacting our businesses. The most effective way our industry can shape policy in Sacramento is through a unified front, coordinated action, coalition building with other business groups, and simply “being at the table.” Even if you are unable to attend the meeting, members are highly encouraged to review the full bill list and provide comments. For more information, please contact Matthew Hargrove.
 

LEGISLATURE BACK ON GREENHOUSE GAS PATROL

If you have ever doubted our reporting of the Legislature’s current fixation on using the current “need” to reduce greenhouse gases to impact a broad swath of policy goals, look at this excellent story by Capitol Weekly which highlights some of the current bills in the Legislature.

“The author of California’s landmark law to curb greenhouse gas emissions has launched a two-year effort to expand the law’s reach into other operations, including logging, and shape the market place governing potentially billions of dollars worth of emissions credits.”  Click here to read the full story.
 

SCRUM FOR STIMULUS DOLLARS SETS OFF REGIONAL WATER BATTLE

Capitol Weekly also has this excellent story which outlines water battles shaping up between rural and urban areas of the state:

“In a federally mandated rush to get stimulus dollars out the door, the Schwarzenegger administration has inadvertently set off a battle between rural and urban lawmakers in the Capitol.”

“At issue is $280 million in funding for wastewater treatment and sewers. But the fight is illustrative of the battles that are beginning to pop up over how to spend federal stimulus dollars, and some of the dangers that arise as the state sprints to meet the Obama administration’s orders to spend the money quickly.”  Click here to read the full story.  

NEW BILLS ON WATER

Since the start of the 2009-2010 session our 120 State Legislators have collectively introduced 2,622 legislative measures. We have identified more than 500 that may have an impact on commercial, industrial, and retail real estate.

Below are quick synopses on a slug of bills that impact water issues. Your input is needed to identify and prioritize those that will have the biggest impact on your company operations.

Remember, water issues are much broader than a reliable supply to your building. Flood plain management issues impact insurance rates and development patterns; and on the back-end, discharge issues can have huge capital costs or put your business at risk for new fines and penalties.

You can read the full text of any bill by pointing your browser to this site.

THANK YOU!

* AB 13 (Salas - D) Establishes the Sacramento-San Joaquin Delta Conservancy to provide policy oversight, foster implementation of, and manage funds to implement the restoration and management of habitat and lands in the Sacrament-San Joaquin Delta and Suisan Marsh, and to develop and implement projects to address the economic viability of the Delta region consistent with a comprehensive Delta sustainability program.

* AB 25 (Gilmore - R) States the intent of the Legislature that the Department of Water Resources complete, by the earliest possible date, the necessary environmental documentation for the surface water storage projects identified in the CALFED Bay-Delta Programmatic Record of Decision in order to expedite the construction of vitally needed surface water storage.

* AB 39 (Huffman - D) Implements the recommendations in the Final Delta Vision Strategic Plan issued by the Delta Vision Blue Ribbon Task Force and the Delta Vision Committee established pursuant to Executive Order S-17-06 and Chapter 535 of the Statutes of 2006.

* AB 49 (Feuer - D) Relates to water conservation measures, programs, and incentives that prevent the waste of water and promote the reasonable and efficient use and reuse of available supplies. Requires the state to achieve a reduction in urban per capita water use by a specified date.

* AB 55 (Jeffries - R) Revises the definition of "project" under the California Environmental Quality Act to provide that specified business, commercial, hotel or motel, industrial, manufacturing, and mixed-use developments are within the scope of that definition only if the projected water demand of the development would be equivalent to, or greater than, the amount of water required by a 500 dwelling unit project, as determined by the public water system.

* AB 139 (Brownley - D) Authorizes the Los Angeles County Flood Control District to impose a fee or charge to pay the costs and expenses of the district. Requires that any fees imposed be levied and collected, and the revenues paid into the county treasury to the credit of the district. Limits district financing to bonds, taxes and fees.

* AB 268 (Gaines - R) Repeals provisions of the Porter-Cologne Water Quality Control Act regarding regulations or standards for the permitting and operation of specified onsite sewage treatment systems.

* AB 300 (Caballero - D) Requires the legislative body of a city or county or the designated advisory agency to approve or disapprove a housing subdivider's water savings projections attributable to voluntary demand management measures, after being reviewed by the retail water supplier and verified for accuracy. Requires any city, county, or public water system preparing a water supply assessment to reduce the projected water demand for the project to an amount below the current statutory requirements.

* AB 408 (Saldana - D) Requires a city or county to notify the Regional Water Quality Control Board servicing the area before adopting or amending its general plan, requires the Regional Board to provide the planning agency with certain information regarding implementation of low impact development water management to increase local water supplies by increasing stormwater recharge and reuse.

* AB 410 (De La Torre - D) Relates to the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 that provides funds to certain hydrologic regions for preparation of salt and nutrient management plans consistent with the recycled water policy of the State Water Resource Control Board. Sets a target to recycle a total of a specified amount of acre feet of water per year by the year 2020, and by another total amount of acre feet by the year 2030.

* AB 450 (De La Torre - D) Makes technical changes to a provision of existing law which declares that the environmental benefits of recycled water include a reduced demand for water in the Sacramento-San Joaquin Delta.

* AB 460 (Anderson - R) Expresses the intent of the Legislature to enact legislation that would require new residential water softening equipment sold in the state to have a minimum salt efficiency rating of no less than 4,400 grains of hardness removed per pound of salt used in regeneration. Expresses the intent of the Legislature to enact legislation that would achieve a 20% reduction in the per capita use of salt in water softening equipment.

* AB 474 (Blumenfield - D) Authorizes the legislative body of any public agency to determine that it would be in the public interest to designate an area within which authorized city officials and free and willing property owners may enter into contractual assessments to finance the installation of water efficiency improvements that are permanently fixed to real property.

* AB 626 (Eng - D) Relates to the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006. Relates to funds for specified regions for projects to meet long-term water needs pursuant to integrated regional water management plans. States the intent of the Legislature to enact legislation to maximize the expenditure of funds on behalf of disadvantaged communities.

* AB 642 (Huber - D) Declares legislative intent to enact legislation to establish a board with specified representatives to review local government decisions that impact the Sacramento-San Joaquin Delta.

* AB 687 (Salas - D) States findings and declarations of the Legislature with respect to the development of the Bay Delta Conservation Plan and the activities of the Delta Vision Blue Ribbon Task Force and the Delta Vision Committee and the need to balance the demands of both the environment and water supplies.

* AB 853 (Arambula - D) Requires the local agency information commission to conduct a feasibility review for the consolidation of a small community water system with one or more of the water systems in the county, if the board of supervisors of the county receives a written complaint from a resident or group of residents of a small community water system and a majority of the board votes to require the report by the commission.

* AB 900 (De Leon - D) Relates to a requirement that each person who diverts water file with the State Water Resources Control Board a prescribed statement of diversion and use. Deletes and exception to the statement requirement for diversions included in the consumptive use data for the delta lowlands. Imposes certain requirements on any surface water diversion within the Sacramento-San Joaquin Delta.

* AB 913 (Logue - R) Prohibits the State Water Resources Control Board or a regional board from imposing a mandatory minimum penalty for a violation for which an action to impose liability is not requested or imposed by the state or regional board within a specified time period of either board receiving notice of the violation under the federal Clean Water Act and the Porter-Cologne Water Quality Control Act.

* AB 914 (Logue - R) Authorizes the State Water Resources Control Board or a regional board to assess a penalty against a publicly owned treatments works serving a small community that is less than the mandatory minimum penalty if the amount of the penalty reflects a consideration of the size of the community being served by the POTWS, the affordability of the penalty, and the impact of the water quality violation.

* AB 916 (Logue - R) Amends the Porter-Cologne Water Quality Control Act. Requires the Water Resources Control Board to adopt recommended standards for the permitting and operation of specified onsite sewage treatment systems.

* AB 934 (Gilmore - R) Requires the Department of Water Resources to study the economic impacts of water supply reduction in specified counties in the San Joaquin Valley, and to report its findings to the Legislature.

* AB 958 (Eng - D) Authorizes a metropolitan water district to enter into design-build contracts for projects involving the design, construction, fabrication, and installation of a solar energy system.

* AB 969 (Calderon C - D) Changes the statewide goal for recycled water to an unspecified number of acre-feet of water per year by the year 2020. Makes changes to findings and declarations under the act.

* AB 1061 (Lieu - D) Provides that a provision of any of the governing documents of a common interest development shall be void and unenforceable if it prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group, or has the effect of prohibiting or restricting compliance with a local water efficient landscape ordinance or water conservation measure.

* AB 1102 (Duvall - R) Relates to the State Water Resources Control Board water quality certifications.

* AB 1187 (Huffman - D) Enacts the Safe, Clean, Reliable Drinking Water Supply Act of 2010 which would authorize, for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds in a specified amount pursuant to the State General Obligation Bond Law. Provides the act, if approved by the voters, requires establishing and imposing a fee on users of water to be used for the purposes of the act.

* AB 1365 (Berryhill T - R) Relates to water development projects and flood control and watershed protection.

* AB 1366 (Feuer - D) Authorizes any local agency that maintains a community sewer system within specified areas of the state to take action, by ordinance or resolution and after a public meeting, to control salinity inputs from residential self-regenerating water softeners to protect the quality of the waters of the state.

* AB 1371 (Smyth - R) Amends the Porter-Cologne Water Quality Control Act. Authorizes a public agency to require the use of recycled water in floor trap priming, cooling towers, and air conditioning devices if certain requirements are met.

* AB 1426 (Fuller - R) Relates to bonds of the Sacramento and San Joaquin Drainage District, provides that if an assessment is not paid by specified dates, the parcel of land that is the subject of the delinquency may be sold not less than 45 days nor more than 90 days from the date of delinquency.

* AB 1438 (Conway - R) Relates to safe drinking water state revolving fund.

* AB 1465 (Hill - D) Relates to urban water management planning.

* AB 1482 (Anderson - R) Amends existing law which declares that all water within the state is the property of the people of the state, but the right to the use of the water may be acquired by appropriation in the manner prescribed by law.

* ACA 12 (Logue - R) Prohibits the Legislature from amending, repealing, or changing the scope or effect of any provisions designating areas within which water originates, unless the bill is passed in each house by a 2/3 vote of the membership of each house.

* SB 12 (Simitian - D) Enacts the Sacramento-San Joaquin River Delta, Clean Drinking Water, Water Supply Security, and Environmental Improvement Act of 2009. Establishes a related council to prepare and adopt a Delta Ecosystem and Water Plan to advance the goals of restoring the Delta ecosystem and creating a more reliable water supply in the state. Authorizes the council to impose a water diversion fee. Establishes a Delta Conservancy to implement the ecosystem restoration elements of the plan.

* SB 229 (Pavley - D) Relates to the California Water Commission, revises membership and functions of the commission, authorizes the commission to serve as lead agency to implement specified projects of the Bay-Delta Conservation Plan, ,enacts the Bay-Delta Interim Governance Act, provides governance measures for the Bay-Delta to enhance the reliability of water supplies.

* SB 233 (Aanestad - R) Relates to the Porter-Cologne Water Quality Control Act and members of the State Water Resources Control Board or a regional water quality control board. Subjects a person to a prohibition if he or she receives, or has received a percentage of his or her income directly or indirectly from any person subject to specified waste discharge requirements of applicants for specified waste discharge requirements.

* SB 301 (Florez - D) Enacts the Water Supply Reliability and Ecosystem Recovery Restoration Act. Authorizes, for the purpose of financing specified water supply reliability and ecosystem recovery and restoration programs, the issuance of bonds pursuant to the State General Obligation Bond Law. Provides for submission of the bond act to the votes.

* SB 310 (Ducheny - D) Authorizes a County, City or special district that is a permittee or co-permittee under an NPDES permit for a municipal separate storm sewer system to develop a watershed improvement plan that addresses major sources of pollutants in receiving water, stormwater, urban runoff or other surface runoff pollution within the watershed.

* SB 371 (Cogdill - R) Enacts the Safe, Clean, Reliable Drinking Water Supply Act of 2009 which would authorize, for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds pursuant to the State General Obligation Bond Law.

* SB 407 (Padilla - D) Declares that it is the intent of the Legislature that public entities that supply water exercise authority to enact ordinances the require the retrofitting of outdated, high water use plumbing fixtures, and the disclosure thereof, in connection with the transfer of real estate.

* SB 413 (Ducheny - D) Authorizes the state board to order the commencement of withdrawal proceedings with regard to a regional board's program authority on the state board's own initiative or in response to a petition from an interested person.

* SB 456 (Wolk - D) Enacts the Safe, Clean, Reliable Drinking Water Supply Act of 2010. Authorizes for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds pursuant to the State General Obligation Bond Law.

* SB 457 (Wolk - D) Creates a Delta Stewardship Council in the Natural Resources Agency relating to the Delta, including approving the Delta Stewardship Plan to guide and shape management of the Delta. Establishes the Sacramento-San Joaquin Delta Conservancy to undertake various activities related to the Delta. Creates the Sacramento-San Joaquin Delta Conservancy Fund. Requires the Council to appoint a Delta Science and Engineering Board and create a Delta Science and Engineering Program.

* SB 458 (Wolk - D) Establishes the Sacramento-San Joaquin Delta Conservancy to undertake various activities related to the delta. Includes monitoring projects within the watershed. Provides stewardship, and coordinating with other entities. Creates the Delta Conservancy Fund.

* SB 460 (Wolk - D) States the intention of the Legislature to enact legislation that would achieve a reduction in urban per capita water use by a specified date.

* SB 493 (Maldonado - R) Declares legislative intent to enact legislation to promote water conservation.

* SB 498 (Cogdill - R) Makes technical, nonsubstantive changes to the State Water Resources Law relating to flood waters and the control, storage, and use of the state's water resources.

* SB 514 (Aanestad - R) Provides that the mandatory minimum penalty for water discharge would not apply if that civil liability, either upon the request of a state board to the Attorney General or by the initiation of administration proceedings, is not imposed within a certain time of the board learning of the violation.

* SB 561 (Cogdill - R) Makes changes to existing law which requires every urban water supplier to prepare and adopt an urban water management plan.

* SB 565 (Pavley - D) Requires the State Water Resources Control Board to develop a plan to ensure that a percentage of wastewater that is annually discharged in to the ocean is recycled and put to beneficial use. Imposes a fee on each person discharging wastewater in the ocean, to be deposited into the Ocean Discharge Recycling Fund.

* SB 581 (Leno - D) Authorizes the City and County of San Francisco to elect to designate specific renewable electricity generation facilities at-site renewable generation as Hetch Hetchy Water and Power remote renewable generation. Authorizes the City and County of San Francisco to elect to designate specific renewable facilities or a portion of specific renewable electricity generation facilities.

* SB 735 (Steinberg - D) Enacts the Safe, Clean, and Reliable Drinking Water Supply Act of 2010. Authorizes the issuance of bonds to finance a water supply reliability and water source protection program. Authorizes the Department of Water Resources to impose fees on water users.

* SB 736 (Pavley - D) Imposes on a person diverting or extracting more than an unspecified amount of water, a water resource consumption fee and deposits the proceeds in the Water Resources Consumption Fund.

* SB 790 (Pavley - D) Amends the Watershed, Clean Beaches, and Water Quality Act. Authorizes grants for projects designed to implement or promote low impact development that will contribute to the improvement of water quality or reduce stormwater runoff.

* SB 808 (Wolk - D) Requires the State Water Resources Control Board to implement its resolution entitled the Strategic Workplan for Actions to Protect Beneficial Uses of the San Francisco Bay/Sacramento-San Joaquin Delta Estuary by commencing an investigation of the reasonableness of the methods of diversions from the Sacramento-San Joaquin Delta used by the State Water Project and the federal Central Valley Project.

WEBCAST ON SAVING ENERGY WITH TOTAL LIGHT MANAGEMENT

Did you know that lighting accounts for the most energy usage in a commercial building? This 75-minute webcast will review several light management strategies -- occupancy sensing, daylight harvesting, light leveling tuning, demand response, and automated shading -- that can save 60% or more in lighting energy while improving the comfort and productivity of the people inside.

Learn more at a free webcast entitled, "Saving Energy with Total Light Management" on Tuesday, April 7 at 1:00 pm ET. This 75-minute webcast is presented by Glenn Hughes Consulting Associates and sponsored by Lutron.

Attendance is free, but space is limited. Click here to register today.

CBPA 2009 CALENDAR

April 8, 2009
CBPA Legislative Committee Meeting
Los Angeles, CA (Cox Castle Nicholson)

June 9-10, 2009
CBPA Board Meeting and
California Commercial Real Estate Summit (CCRES)
Sacramento, CA (Hyatt Regency Hotel)

November 5-6, 2009
CBPA Board Meeting and
Real Estate Industry Strategic Issues Conference
Napa, CA (Meritage)