In This Issue:

• LAST CHANCE: 2009 STRATEGIC ISSUES CONFERENCE

• WATER UPDATE

• OPPOSITION TO SPLIT ROLL INCREASES

• ZERO NET ENERGY PLAN BEGINS

• CALIFORNIA RECOGNIZED WITH THE BEST ENERGY CODES

• CIVIL PENALTIES FOR NON-COMPLIANCE TO ENERGY CODE?

• BUILDING ENERGY EFFICIENCY STANDARDS AVAILABLE

• MORE SOLAR IN PG&E TERRITORY

• ***HIGH PRIORITY*** GREEN BUILDING STANDARDS 2009 – FEEDBACK NEEDED

• RECENT REAL ESTATE POLICY ISSUES PRESS

• ACROSTIC MESSAGE IN THAT THERE VETO

• CBPA 2009-2010 CALENDAR

LAST CHANCE: 2009 STRATEGIC ISSUES CONFERENCE

This is your last chance to sign up for the 2009 Real Estate Strategic Issues Conference co-hosted by four major California business groups. The focus of the event is how climate change policies will impact the economy and how you do business. The event includes a broad range of speakers, including a nationally syndicated columnist, the Chair of the powerful Senate Energy Committee, the Executive Director of the Air Resources Board. Click here to see the full agenda.

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 our industry can proactively be at the table and positively influence policy. Click here for registration information.
 

WATER UPDATE

“Water,” the subject of one of six Special Sessions in the Legislature, is agreed by all to be in short supply in this state. Aside from “solving” the chronic state budget problems, over the past three years Water has been the longest running topic and target to “fix.” The issue almost came to a head three weeks ago when the Governor threatened to veto bills unless a comprehensive fix was delivered by the sign/veto deadline.

We remain steadfast that a deal must be reached this year, and are working everyday to see that happen. Issues still remain, but hope that by the end of next week all the constituencies will agree on a package that will allow some attendance on our inadequate and disintegrating water infrastructure.

Here is a good story from Capitol Weekly if you want to know the blow-by-blow.

OPPOSITION TO SPLIT ROLL INCREASES

A new Field Poll, released in mid October shows that our sustained effort to educate policymakers and the public about the real economic harm that would come from removing Proposition 13 protections from non-residential property. Proponents of a Split Roll Property Tax have been very busy this year pushing the idea in multiple venues – legislative, in the State Budget, as part of the Tax Commission recommendations, and efforts to put a proposition on the ballot. We have met them in every venue and defeated most efforts.

The only avenue that remains for the year is putting a proposition on the ballot for voter approval. Since we have no way to administratively stop the measure from getting on the ballot, we must do everything we can to make sure that voters are educated about the negative aspects of raising commercial property taxes so they are vocal in their opposition. The field poll shows we are currently in a very good spot:

From the poll: “There is strong opposition (69% to 27%) to the idea of amending Proposition 13 to allow the state legislature to increase taxes with a simple majority vote. A 52% to 37% majority also opposes amending Prop. 13 to tax commercial property at a higher rate than residential property. More voters now oppose the idea of a split roll property tax than have done so in previous Field Poll surveys dating back to 1981.”

Click here to read the full poll.
 

ZERO NET ENERGY PLAN BEGINS

The CA Public Utilities Commission kicked off the Zero Energy Pathway (ZEP) proceeding with a goal to implement California’s Long-Term Energy Efficiency Strategic Plan (CEESP), including (1) achieving zero net energy in 100% of commercial new construction by 2030, and (2) 50% of existing commercial buildings by 2030. Approximately 50 people showed up to discuss the plan. Three of them represented companies that actually fund, build, and/or operate buildings. We will continue to follow this issue and keep you informed about its progress.
 

CALIFORNIA RECOGNIZED WITH THE BEST ENERGY CODES

The American Council for an Energy-Efficient Economy (ACEEE) has issued its 2009 State Energy Efficiency Scorecard. And the winner is... CALIFORNIA. California came in first place again this year. Out of a possible 50 points, California received 44.5. Click here to read more.

 

CIVIL PENALTIES FOR NON-COMPLIANCE TO ENERGY CODE?

Using a stunning, but as yet unsubstantiated statistic, a staff member for the California Energy Commission said at an academic panel that 30-40% of new buildings in the state were not being built to Title 24 standards. To help cure this “high rate” of non-compliance the individual advocated enacting inspections beyond what is currently provided by local building officials, and giving the CEC the power to levy civil penalties for buildings that do not meet building code. We are attempting to substantiate with the CEC the statistic and whether it applies to commercial and/or residential. A recent study by CBPA and anecdotal evidence from our commercial builders and energy consultants is that projects meet or exceed the energy code 100% of the time. What is your experience?
 

BUILDING ENERGY EFFICIENCY STANDARDS AVAILABLE

The Nonresidential Compliance Manual for the 2008 Building Energy Efficiency Standards is now available on the CEC website. The new Standards will be in effect as of January 1, 2010.

Please send this to anyone in your companies/networks responsible for management of energy, construction, or property management issues. We hope to make sure this is distributed widely as compliance is important for your bottom line, but also to help our industry meet AB 32 goals.

Our industry helped shape and ultimately supported the adoption of these standards. National groups are using this as model for promulgated national guidelines and other states’ codes.

Click here for the compliance manual.
 

MORE SOLAR IN PG&E TERRITORY

Governor Schwarzenegger secured a commitment from PG&E to increase the amount of solar net metering allowed in its territory from 2.5 percent to 3.5 percent of peak demand. Existing law requires California’s major electric utilities to make net metering available. Click here for the details.

 

***HIGH PRIORITY*** GREEN BUILDING STANDARDS 2009 – FEEDBACK NEEDED

In an effort to promote sustainable buildings, California last year became the first state in the nation to adopt a statewide Green Building Code. Known as CalGreen, it is already being updated and industry input is critical. We are now in an “official” comment period with a 45-Day Notice of Proposed Action, which ends in mid November.

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

It is very important that members of our industry read these regulations and identify issues that members of the Building Standards Commission should consider. We will 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 Friday, November 6, 2009.
 

RECENT REAL ESTATE POLICY ISSUES PRESS

With the end of legislative session, the CA Real Estate Journal has been busy covering public policy issues impacting our industry. Below are articles regarding AB 32 fees, solar energy policy, mandatory benchmarking, and commercial recycling. These articles provide pithy plain-English updates on these sometimes complicated discussions that have an impact on your companies and members.

AB32 Fees Approved for State's Largest GHG Emitters; CARB decision made as debate on landmark environmental law continues

Bill's Suspension Threatens Solar Incentives; NorCal consumers may lose out on net metering because of a cap placed on PG&E

Benchmarking Regulations Raise Privacy Concerns; California program would build on Energy Star, requiring commercial landlords to disclose energy usage

Commercial Recycling Laws Closer to Reality; Local and state measures raise concerns among industry groups

Please let us know if you would like additional information about any of these items.
 

ACROSTIC MESSAGE IN THAT THERE VETO

A little head shaking enjoyment from the internecine world of California’s Capitol…. Assemblymember Tom Ammianno (D-Sand Francisco) was very rude to the Governor when he gave an invited, but impromptu speech to a group of San Francisco Democrats.

Shouting something that cannot be printed in a family newsletter like this (but click the link below to hear for yourself). Well, the Governor and/or someone on the staff didn’t like the disrespect, and dished out a little of its own with an acrostic message in a veto on Mr. Ammiano’s AB 1176.

Click here to see the veto message – if you don’t see it at first read down the first letters on the left hand side.

Here is the incident that many people believe started this public tête-à-tête:

Capitol insiders know that politics sometimes gets a little rough and tumble. Many officials are brilliant but sometimes act petulant. Being a politician isn’t playing games like chess or patty-cake, but in many cases decision life or death and have huge impacts on millions of people.  Although it may be a tough life, we hope all sides will come together and set aside petty issues.
 

CBPA 2009-2010 CALENDAR

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

February 18, 2020
CBPA Board Meeting
Sacramento

June 22-23, 2010
Annual CBPA Board Meeting & CA Commercial Real Estate Summit
Sacramento

October 21, 2010
CBPA Board Meeting & CBPA Industry Awards Dinner
The Fairmont Hotel, Newport Beach