STORMWATER PERMIT APPROVAL - DELAY REQUESTED

Next week, the state water resources control board (SWRCB) will consider adoption of the state’s permit for management by construction interests of stormwater runoff. Putting the permit on the agenda was somewhat of a surprise for the many stakeholders that have been working on this issue for several years. Over that time, thousands of pages of comments on the previously issued draft permit have been submitted. Environmental groups are applying heavy pressure to board members for the adoption of these new permit requirements. Here are our main concerns:

1. Costly and Nearly Impossible to Follow Monitoring Requirements. The Permit imposes requirements on monitoring and cleaning up stormwater runoff that even the Water Board’s own panel of Blue Ribbon experts deemed were “basically not possible” to implement at this time.

2. Inadequate Time for Public Review. Water Board staff released 37 pages of changes to the Permit (with a 53 page attachment) only two weeks before the public hearing. This Permit makes radical changes to current stormwater practices. Thorough vetting is needed.

3. The dramatically increased costs will not result in the same measure of improved water quality, but instead imperil infrastructure projects, jobs and economic recovery. The requirements in the Permit will be costly, confusing and, in some cases, nearly impossible to implement. Important job-creating infrastructure projects like roads, schools and other capital projects will be delayed, or worse, could lose out on federal funding.

Many interests from our industry will attend the meeting next week to ask that the board delay adoption of this permit. However, we also need impacted companies to fax Governor Schwarzenegger urging him to consider these concerns and ask State Water Resources Control Board members to delay the vote. Click here for more information.

LEGISLATION HELD ON SUSPENSE

This week marked one of the most significant milestones in the legislative session – Appropriations Suspense File. The suspense file is where any bill that has a cost to the state’s General Fund of $150,000 or more goes so that the collective impact on the state budget can be examined. In recent years Suspense, as it is known, has become the first significant filter for legislative measures.

Majority party bills are rarely held in the first policy committee as “courtesy” votes have become the norm, even for the most ill-conceived measures. However, very real fiscal constraints hold many bills in Appropriations, especially in a time of recession and record-busting deficits.

Suspense is also a place where bills can quietly go away for political reasons as it is easier to say “we can’t afford your great idea,” and is a much preferred alternative to collegial legislators than voting against the bill in policy committee.

Several bills of interest to CBPA members met their doom this week on suspense:

* AB 478 (Chesbro - D) Requires the State Integrated Waste Management Board to adopt rules and regulations relating to recycling and solid waste management to reduce greenhouse gas emissions. Subjects violators of these rules and regulations to civil and criminal penalties. Position: OPPOSE. Status: Held on Suspense.

* AB 479 (Chesbro - D) Mandatory Commercial Recycling. Requires the Integrated Waste Management Board to ensure a specified percentage of all solid waste generated is source reduced, recycled and composted, by providing unprecedented power to regulate businesses. Position: OPPOSE. Status: Held on Suspense.

* AB 660 (Torrico - D) Enacts a comprehensive program for the certification and regulation of sprinkler fitters. Prohibits a person from performing work on any fire suppression system, unless he or she possess a valid sprinkler fitter or limited scope sprinkler fitter certificate. Prohibits a person or entity from employing a person to perform work on a suppression system without such certificate or permit. Position: OPPOSE. Status: Held on Suspense.

* AB 19 (Ruskin - D) Enacts the Carbon Labeling Act of 2009. Requires the State Air Resources Board to develop and implement a program for the assessment, verification, and standardized labeling of the carbon footprint of ALL consumer products sold in this state. Position: OPPOSE. Status: Held on Suspense.

* AB 234 (Huffman - D) Requires the funds received under the federal American Recovery and Reinvestment Act of 2009 that are directed for energy related activities be administered by the state's energy and water agencies. Provides the activities should be used for promoting energy efficiency, water conservation, the development of renewable energy resources, environmental protection, and green job training. Position: SUPPORT. Status: Held on Suspense.

* AB 413 (Fuentes - D) Relates to the Public Utilities Commission authority to fix rates and charges for every public utility. Prohibits the commission from requiring or permitting an electrical corporation to employ time-variant pricing for residential customers. Authorizes the commission to authorize an electrical corporation to offer customers the option of receiving service pursuant to time-variant pricing. Position: OPPOSE. Status: Held on Suspense.

* SB 261 (Dutton - R) Requires a retail urban water supplier to develop and implement an urban water conservation plan or achieve high-efficiency water use. Requires such supplier or other entities acting on the supplier's behalf, to submit reports regarding the water conservation goal. Amends the Agricultural Water Management Planning Act to require an agricultural water supplier to prepare and adopt a water management plan. Requires the supplier to submit copies of the plan to receive specified state funds. Position: SUPPORT. Status: Held on Suspense.

ENERGY AGENCY REFORM HEARING

Next week, the first major reform of California’s energy agencies will be considered. AB 33xxx (Villines) [“xxx” means the 3rd Legislative Special Session] which proposed to consolidate the state’s authority for energy policy under a New California Department of Energy (CDOE). Responsibility for creating and implementing California’s Energy policies are currently spread over no less than eight commissions, divisions, authorities, offices, and departments.

A Department of Energy will provide much needed leadership to help California maximize its potential for energy efficiency reductions needed to meet our state goals under AB 32. The current dispersion of responsibility creates confusion, lessens transparency, and makes no one accountable.

This proposal will also foster “green” energy projects by creating a one-stop licensing process for large renewable power plants, such as solar thermal, solar photovoltaic and wind energy, and transmission line projects. Approving such projects is vital to meet the electric generation and transmission infrastructure needs necessary to improve the Renewable Portfolio Standard (RPS).

Although California’s energy policy infrastructure has served our state well, it was set up and evolved in the last century and is antiquated at best. An overhaul of our state’s energy policy will allow California to implement strategic policies that will create new sources of green energy, maximize energy efficiency, and keep energy costs down for California consumers and businesses alike.

We support this reorganization and will be at hearings next week to testify on behalf of industry.

GOVERNMENT RESEARCH “SUNLIGHT” BILL MOVES

AB 1085 (Mendoza; D-Artesia) which will shine “sunlight” on important regulatory procedures at the State Air Resources Board (CARB), continues to move forward with strong industry support. This good government bill simply requires CARB to make available to the public each technical, theoretical, and empirical study, report, or similar document, if any, on which the agency relies, related to, but not limited to, air emissions, public health impacts, and economic impacts before the comment period for any regulation proposed for adoption by the state board.

As it develops many of its regulations, CARB must consider factors such as Public health impacts, cost-effectiveness, technological feasibility, minimization of costs, minimization of impacts on low income communities, avoidance of adverse impacts to small business, and minimization of the administrative burden of implementing and complying with regulations.

AB 1085 will help CARB meet these goals by engaging expertise and facilitating participation of environmental groups, consumer groups, legislative staff and agency experts, university and college researchers, business entities, and interested and engaged citizens. By making such information readily available to all interested parties, we can ultimately expect a product that better serves the interests of California.

A recent example of the need for sunshine is CARB’s failure to provide timely and complete disclosure of records related to its proposed AB 32 administrative fee, despite a request under the California Public Records Act. We believe this measure will help address such issues by directing that CARB engage in open and transparent rulemaking and be as forthcoming as possible in sharing information with the public.

SUSPENSE SURVIVORS – MORE RESISTENT TO DEFEAT?

However, many bills do make it through the Suspense process, and sometimes come through the other side stronger for withstanding such perceived scrutiny. Many bills of interest to CBPA members, mostly for the great damage we believe these bills would do to our industry, survived Suspense and will move forward. Over the last few weeks of session, we have one more shot at these bills, but many will be left to the mercy of the Governor’s veto pen.
 

LESS TALK, MORE ACTION ON WATER NEEDED NOW

After two weeks of hearings….lots of talk and little action, Senator Dave Cogdill (R-Fresno) dusts of the famous Mark Twain saying, “Whiskey’s for drinking and water’s for fighting over,” to describe the lack of progress on the issue.

“The ongoing battle over water pits the same factions in the same fights: farmers versus environmentalists; north versus south; and conservation versus storage.

“What’s so frustrating is that this vicious cycle can be broken. We can responsibly provide what we need for the people of this state and this economy, protect the Delta and the environment that relies upon it. There isn't anything more important to the people of this state, our economy and, even our national security, than a safe, secure, clean and abundant water supply for all Californians.”

Click here to read more about the water battles.

SNEAKY TAX HIKE UNDERWAY

The L.A. Times reports on what many tax advocates believe is a sneaky way to increase your taxes: “While Californians are still feeling the sting of income and sales tax hikes signed into law earlier this year, now comes news that state tax authorities plan to take a little more from their pockets. For only the second time in 30 years, the tax board is lowering the point where each tax bracket begins, bumping many people into a higher category. At the same time, officials are cutting back some deductions. Everyone will pay more, even people whose bracket or income doesn't change.” Click here to read the full story.
 

FACEBOOK AND TWITTER FOR LOW PROPERTY TAXES

Californian’s Against Higher Property Taxes now has a social networking presence. If you want quick and easy updates, and a way to stay involved and in the loop on the fight to protect Proposition 13, join one or both of the following pages:

Facebook

Twitter

SB 375 REGIONAL TARGET MEETING

The California Air Resources Board’s (ARB) Regional Targets Advisory Committee will hold another public meeting on Tuesday, September 1, 2009. This meeting will be held from 9:00 a.m. to 4:00 p.m. in Sacramento and will be available via webcast. If your company is interested in the way that land use will be impacted by the statewide mandate to reduce greenhouse gasses, this is an important proceeding to follow. Click here for more information.

The notice and agenda for this meeting are posted on the ARB
website.

Please pass along any comments, concerns, and recommendations by replying to this email. We are following this issue closely in both the legislature and as part of the regulatory process.

NORCAL CITY MANAGERS LUNCHEON

On Thursday, October 29, NAIOP is co-sponsoring the City Managers Luncheon with Lambda Alpha International at the Dante Club in Sacramento. Eight City Managers are currently scheduled to appear and more are expected. This event will be moderated by our own Rex Hime. Sponsorship opportunities are available. See this flyer for information.
 

2009 STRATEGIC ISSUES CONFERENCE

Update: Room Rates Dropped to $169 per night!

Please join us on Nov. 5-6, as several major industry groups combine forces to sponsor a high level discussion regarding “Climate Change” policy and its impact on business in California. From AB 32 greenhouse gas regulations to the legislative and regulatory focus on land use, this conference promises to deliver the most up to date thinking about the politics driving these policies and will offer strategic discussion to set the course on how industry can proactively be at the table and positively influence policy. Click here for registration and discounted room rates. Please contact Melissa Martinez or visit here for more information.
 

BOMA CALIFORNIA 2009 CALENDAR

NOVEMBER 2009

November 5—
BOMA CA BOARD MEETING & ELECTION OF 2010 OFFICERS
Meritage Hotel, Napa, CA
11:00 a.m. - 2:00 p.m.

 November 5-6—
COMMERCIAL REAL ESTATE STRATEGIC ISSUES CONFERENCE
Meritage Hotel, Napa, CA