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1972 to 2008; Over 36 Years of Service to the Commercial, Industrial, and Retail Real Estate Industry
CBPA Weekly eUPDATE
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Friday, May 30, 2008

In This Issue:

ASSEMBLY ATTEMPTS TO MANDATE LEED SILVER IN BUDGET

Lobbyists that want to mandate all buildings be built to the LEED Silver standard and their allies in the State Assembly are trying to sneakily accomplish through the State Budget process what they couldn’t through the legislative process. A proposal that would mandate that the Building Standards Commission adopt standards matching LEED Silver certification into Title 24 was quietly approved in an Assembly Budget Subcommittee hearing.

This move would basically codify the trio of bills that were vetoed last year, each mandating LEED silver standards for state buildings, non-residential buildings, and residential buildings. AB 35 (Ruskin)/AB 888 (Lieu)/AB 1058 (Laird), respectively.

A similar attempt was made last year and was part of the reason the budget was at impasse for so long. Let’s hope the Senate Budget Committee rejects this overreach to mandate a private company’s standards supplant the most environmentally progressive building codes in the nation.
 

BILL TO SUPPLANT TITLE 24 SQUEAKS THROUGH ASSEMBLY

Speaking of aggressive green building advocates… AB 2939 (Hancock; D-Berkeley), a bill that will allow local jurisdictions to supplant the state building code, Title 24, with private “green” building standards, barely squeaked out of the Assembly on the last day possible. Several legislators rose to speak against the measure arguing that AB 2939 is unnecessary as local jurisdictions already have the ability to adopt building standards that are stricter than Title 24 based on topographic, geologic, or climactic conditions. They further argued that the bill would encourage adoption of building standards written by private entities whose process is not open to public input or scrutiny.

The Title 24 process has proven to be very successful, producing the most environmentally progressive state building code in the nation. Due to its adoption in 1978 and through regular updates on a two-year cycle, a new building in California uses approximately one-half the amount of energy and emits 50% less Greenhouse Gas than the national average.

As this bill has moved through the process we have offered amendments to remove the specific references to the private third party certification programs (LEED, Build It Green, Green Builder, Green Globes) which have been resisted by the author and sponsors. We will keep working on the bill as it moves through the Senate.
 

ZERO NET ENERGY FOR COMMERCIAL BILL DIES

AB 2030 (Lieu; D-Torrance), the bill that would mandate “Zero Net Energy” usage for all new commercial buildings by the year 2030, has been held in the Assembly Appropriations Committee and is effectively dead for the year. The measure, pushed by environmental advocates that want to force massive use of solar energy before the technology is feasible or economical, would debilitate commercial development by requiring all new buildings generate 50% of used power onsite using “sustainable” technology. This mandate is technically impossible for most non-residential building types and was seen as a de facto building moratorium. A large coalition of business groups opposed the measure and worked hard to educate lawmakers to its severe negative impacts on the State.
 

ENVIRONMENTAL IMPACT REPORT “REFORM” BILL DIES

SB 1165 (Kuehl; D-Santa Monica), the bill that would stymie economic and business growth by restricting environmental impact statements to a five-year lifetime, fell well short of the 21 votes needed to pass the Senate Floor. The bill would cause the delay of project permits and open the door to frivolous lawsuits, giving no-growth advocates another tool in their attempts to block projects. A large coalition of business groups opposed the measure and worked hard to educate lawmakers to its severe negative impacts on the State.
 

ZERO NET WATER FOR DEVELOPMENT BILL DIES

 AB 2153 (Krekorian; D-Burbank), the bill that would mandate “Zero Net Water” usage for all new commercial and residential development, died on the Assembly Floor, falling well short of the 40 votes needed for passage. This mandate would stall residential and commercial development requiring unobtainable water conservation standards in an attempt to extract “mitigation” fees from developers and driving up the cost of homes and businesses. A large coalition of business groups and housing advocates opposed the measure and worked hard to educate lawmakers to its severe negative impacts on the State.
 

AB 32 WORKSHOPS

California’s landmark “Global Warming Solutions Act,” will change the way you do business. This paradigm-shifting edict is meant to reduce greenhouse gas emissions to 1990 levels, and has the potential to drastically impact our industry; how much it impacts your bottom line, however, is up to the actions we as an industry undertake now to shape its regulations. What comes out of the regulatory process, that is now underway, will impact our industry for the next generation. Here are some upcoming meetings related to AB 32 that you may be interested in attending:

June 16, 2008 – AB 32 Economic Analysis Stakeholder Workshop
This series of meetings is being held in order to provide interested stakeholders the opportunity to provide input concerning the economic analysis that will support the AB 32 Scoping Plan.
LOCATION: CAL/EPA Headquarters, Sacramento
Click here for more information.

June 16, 2008 – AB 32 Program Design Technical Stakeholder Work Group
This series of meetings is being held in order to provide interested stakeholders the opportunity to provide input concerning the economic analysis that will support the AB 32 Scoping Plan.
Location: CAL/EPA Headquarters, Sacramento
Click here for more information.
 

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

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

Awards Dinner
October 23, 2008 – Island Hotel, Newport Beach
 

 
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