In This Issue:

• BIPARTISAN ADA REFORM AGREEMENT REACHED

• GRAFITTI VANDAL BILL IN COMMITTEE

• IT KEEPS GROWING AND GROWING…STATE DEFICIT TOPS $10B

• AB 32 GREEN BUILDING SUBGROUP WORKSHOP

• AB 32 ELECTRICITY AND NATURAL GAS WORKSHOP

• PROPOSED GREEN BUILDING STANDARDS – FEEDBACK NEEDED

• CALIFORNIA COMMERCIAL REAL ESTATE SUMMIT JUNE 10-11

• CBPA 2008 CALENDAR

BIPARTISAN ADA REFORM AGREEMENT REACHED

Statewide business groups led by the CalChamber, California Business Properties Association, California Hotel and Lodging Association, and the California Restaurant Association, have been working for months with a broad group of legislators, consumer attorneys, and the disability rights community to craft a bipartisan comprehensive reform measure designed to address two important ADA reform goals: 1) Promote and increase compliance with state and federal civil rights laws providing for equal access for individuals with disabilities in public accommodations; and 2) Reduce unwarranted, unnecessary litigation that does not advance the goals of disability access.

SB 1608 is coauthored by Senator Ellen Corbett (D-San Leandro), Senate pro Tem-elect Darrell Steinberg (D-Sacramento), Senator Tom Harman (R-Orange), Senator George Runner (R-Antelope Valley), Senator Ron Calderon (D-Montebello), Assemblymember Cameron Smyth (R-Santa Clarita), and Assemblymember Lois Wolk (D-Davis).

The measure addresses the important goals of increased disability access compliance and reduced unwarranted litigation through the following major bill provisions:

1. California Disability Access Commission – Creates an independent state commission on disability access in the state of California which will serve as an advisory body and information center on disability access issues with membership composed of representatives of the disability rights community and business community.

2. Increased Education and Awareness – Establishes minimum continuing education requirements for building inspectors and architects on disability access laws. Additionally, demands for money issued by attorneys under the disability access laws must be accompanied by an advisory statement available in multiple languages on building owner/tenant obligations, as well as an explanation of the recipient’s legal options.

3. Promotes Use of State-Certified Disability Access Specialists – Seeks to improve compliance by encouraging existing building owners to voluntarily utilize certified access specialists (CASp), individuals who have passed state-established experience, education, and testing standards in disability access requirements. The CASp program was established by 2003 legislation SB 262 (Kuehl), and the Division of State Architect oversees it. Under SB 1608 new construction and new tenant improvements impacting access must be inspected by building inspectors who are also CASps.

4. Court Procedure Encouraging Compliance - Establishes a court procedure, available only for defendants who have demonstrated diligence in complying with disability access laws by hiring a CASp. Such defendants, if sued because of an alleged construction-related accessibility violation, may request a temporary stay to litigation and a conference in which the judge and the parties must meet early to evaluate the case, and explore whether the alleged violations can be addressed, including the possibility of settlement.

One of the significant, ongoing state problems to which SB 1608 responds is a small but widely destructive, atypical group of plaintiffs and lawyers using the disability laws and court system to systematically extract monetary settlements from businesses rather than to seek access. All too often, the result has been businesses closing their doors for good, which is not the purpose of the access laws.
 

Click here to see the SB 1608 business coalition letter.

GRAFITTI VANDAL BILL IN COMMITTEE

AB 1767 (Ma), which adds the act of vandalism by graffiti to the list of misdemeanor offenses that cannot be remedied through civil compromise, will be heard in the Assembly next week. Graffiti vandalism is a huge problem and a huge expense to local governments and private property owners in all areas of the state. This bill makes the act less attractive for potential graffiti vandals to perpetuate their destruction of public and private property and get away with just paying restitution or a small fine. If graffiti vandals in California know they will definitely have to serve time cleaning up graffiti, painting over "art" and tags, or performing some other local community service, they may not be so eager to commit the offense.

The cost of graffiti vandalism varies considerably. Scratched glass plate windows can cost thousands to replace and are a huge burden on small businesses. Costs for dealing with such damage can range from $300-$500 a year (not including staff time to clean graffiti) in buildings not tagged often, to upwards of $3,000-$5,000 a year for those buildings in dense neighborhoods, near mass transit stops, or in areas with active street gangs. Buildings that have 24/7 onsite management are also far less likely to spend a lot of money on graffiti removal than those buildings with no one on the premises after hours, as having security present deters vandals from striking those premises. What this means, is that graffiti vandalism hurts the small business community and small property owners far more often and far more seriously than their larger business counterparts who have more resources to protect their assets.

CBPA strongly supports this measure and we will keep you posted on its progress.
 

IT KEEPS GROWING AND GROWING…STATE DEFICIT TOPS $10B

The Governor announced in a speech this week that the state budget deficit will be “probably more than $10 billion” in the next fiscal year. When last year’s budget was signed, the deficit was predicted to be around $3 billion. The Governor blamed budget formulas that lock in spending increases and a downturn in the economy related to problems in the housing market. Although he didn’t mention the fact that state budget spending has increased by more than 25% in the past five years he did state, "this is why we have to make all kinds of cuts across the board, if it is in education, law enforcement, health care, all those different things, because we cannot spend what we don't have.”

Even in the face of a sagging economy and huge deficits, the Legislature continues to move bills that would further saddle state employers and businesses with fees and mandates that would not only slow the recovery, but enact long-term policy measures that would permanently hurt the economy.
 

AB 32 GREEN BUILDING SUBGROUP WORKSHOP

CBPA staff will represent our industry at the Governor’s Green Building Climate Action Team Subgroup (GB CAT) workshop on April 29, to review Green Building recommended inputs being considered for the California Air Resources Board (ARB) AB 32 scoping plan. This meeting continues the review process which includes potential measures, goals and implementation approaches for achieving greenhouse gas emission reductions from new and existing public and commercial buildings, schools, and residences.

The California Global Warming Solutions Act of 2006 (Section 38500 of the California Health and Safety Code; AB 32) requires that ARB develop a Scoping Plan by January 1, 2009, that identifies emission reduction measures, compliance mechanisms and evaluates costs and benefits. This is one of several workshops being held to collect input on this plan.
 

AB 32 ELECTRICITY AND NATURAL GAS WORKSHOP

The Climate Action Team (CAT) Subgroup on Electricity and Natural Gas, in conjunction with Air Resources Board (ARB) staff, invite you to participate in a public workshop to discuss greenhouse gas (GHG) reduction measures pertaining to the electricity and natural gas sectors. The GHG reduction measures presented in this workshop are proposed for possible inclusion in the AB 32 Scoping Plan, and include energy efficiency, renewables, combined heat and power, and other forms of distributed generation. Although we will be represented at this workshop companies and organizations from industry are encouraged to attend. Entities that have “good” ideas on how to regulate your business should show up in droves. The more people from industry that can participate to provide context and information, the better. You can view the formal workshop notice and get meeting logistical information by clicking here.
 

PROPOSED GREEN BUILDING STANDARDS – FEEDBACK NEEDED

In an effort to reduce green house gas emissions and promote sustainable buildings, the California Building Standards Commission (BSC) is currently conducting an annual building code adoption cycle that includes a new California Green Building Standards Code (CGBSC). The CGBSC is scheduled for adoption sometime this summer. When published, the CGBSC will contain green building standards for single family homes, schools, health facilities, and commercial buildings (commercial also includes industrial and retail real estate). Developed as a framework upon which to be built and refined further, the standards will initially be voluntary, however, it is the intent of the BSC to develop mandatory green building standards in subsequent code adoption cycles.

Your analysis and feedback is needed on the proposed changes for non-residential properties. Click here to read the proposed changes for California Green Building Standards Code, Part 11, Title 24 -- Commercial, Industrial, and Retail Real Estate.

Since the intent is that these codes eventually become mandatory, it is very important that members of our industry read these regulations and identify issues that the BSC should consider. CBPA will again compile industry comments and provide written and verbal testimony. Please send any and all comments by replying to this email or sending directly to Matthew Hargrove.  Comments are due to CBPA by no later than Tuesday, May 6.
 

CALIFORNIA COMMERCIAL REAL ESTATE SUMMIT JUNE 10-11

California Commercial Real Estate Summit (CCRES) will be held in Sacramento on June 10 and 11, 2008. This event is the one time of year that industry leaders from all sectors of the commercial, industrial, and retail real estate industry converge on California's Capitol to meet with policymakers. The summit gives you an opportunity to meet other industry leaders from across the nation, high-level staff from Governor Schwarzenegger's Administration, and California State Legislators. Click here for more information and to register for the event.
 

CBPA 2008 CALENDAR

June 10-11, 2008
California Commercial Real Estate Summit
Hyatt Regency, Sacramento

October 23, 2008
CBPA Awards Dinner
The Island (formerly the Four Seasons), Newport Beach, CA