In This Issue:

• ABANDONED COMMERCIAL PROPERTY BILL PASSES JUDICIARY COMMITTEE

• CAP-AND-TRADE SYSTEM NEEDS A CHANCE TO WORK

• WHAT IS “AB 32” ANYWAY?

• AMERICANS COOL TO GLOBAL WARMING ACTION

• WATT COPS RETURN PROPOSED IN SAN FRANCISCO

• LA CITIES WIN BIG COURT RULING ON WATER QUALITY STANDARDS

• 2008 LEGISLATION BY THE NUMBERS

• UPCOMING EVENT: GREEN CALIFORNIA SUMMIT AND EXPOSITION APRIL 7-9

• UPCOMING EVENT: ICSC GREENTALK; RETAIL REAL ESTATE SUSTAINABILITY Q&A

• CBPA 2008 CALENDAR

ABANDONED COMMERCIAL PROPERTY BILL PASSES JUDICIARY COMMITTEE

AB 2025 (R-Silva; Huntington Beach) which revises the process by which abandoned property that is left behind in a commercial setting is disposed of, unanimously passed the Assembly Judiciary Committee. CBPA strongly supports this bill. Current law provides a process for a building owner to hold a public auction to dispose of abandoned property deemed to be worth more than $300 and treats residential personal property in the same manner as non-residential commercial property, even though the residential setting is very different from the business setting and has very different scenarios under which property is left behind. This bill would raise the threshold to trigger a public auction in the commercial setting to the monthly rent or square footage of the leased space. The bill next will be heard in Assembly Appropriations.

CAP-AND-TRADE SYSTEM NEEDS A CHANCE TO WORK

In an editorial that we fully agree with, the Sacramento Bee has called on the California Air Resources Board, which is currently writing regulations to implement the state’s landmark AB 32 Greenhouse Gas Reduction Law, to allow the state to devise and implement a “cap and trade” system. AB 32 calls on all California industries to reduce the level of carbon emissions to what they were in 1990. We strongly support market-based programs and tools that will provide incentives, such as cap-and-trade. Click here to read the full editorial

WHAT IS “AB 32” ANYWAY?

If you don’t know, or vaguely know, that it’s a new law in California, you should read further. AB 32, California’s landmark “Global Warming Solutions Act,” will change the way you do business. Many people have heard of the law but are uncertain of what it really means. 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.

CBPA is a member of the AB 32 Implementation Group which is a broad industry-based organization whose mission is to be a constructive voice in the process to implement AB 32 and ensure that the greenhouse gas emission reductions required are achieved while maintaining the competitiveness of California businesses and protecting the interests of consumers and workers. Click here to read more about AB 32.

AMERICANS COOL TO GLOBAL WARMING ACTION

A new national poll claims that nearly half of those surveyed would not be willing to pay more for gasoline to address Global Warming. Although we know the outcome would be much different if only Californians were polled, we think the results are interesting and put our state’s actions into some perspective. Click here to read more about the survey.

WATT COPS RETURN PROPOSED IN SAN FRANCISCO

Board of Supervisors President, Aaron Peskin is trying to assure that San Franciscans flip the light switch off through a proposed measure that would fine building owners for leaving non-emergency lights on throughout the night. Under the proposal, energy-wasting scofflaws would face fines for each floor where lights are on, with $50 for the first infraction, $100 for the second and $250 for any subsequent violations.

“It's a well-meaning idea, but instead of using a carrot, Supervisor Peskin prefers the hammer to conform to his idea on what is proper behavior in the business community," said Ken Cleaveland, Director of Government and Public Affairs for the Building Owners and Managers Association of San Francisco. "To start fining businesses that leave their lights on? They're already being fined because they're paying more (for their) utility bills. They're already paying the price of being inefficient and wasteful. Supervisor Peskin is taking a good idea to its absurd length." Cleaveland said that 90 percent of San Francisco's downtown commercial businesses are small businesses - not large corporations with deep pockets - and that these businesses would be severely hurt by Peskin's measure.

According to the U.S. Environmental Protection Agency, commercial buildings use about half of the country's energy and produce nearly 50 percent of the country's greenhouse gases. However, this statistic is misleading in California. Because of strict energy and building code regulation in this state since 1978, California buildings on average use half the amount of electricity and emit half the amount of Greenhouse gases as the national average. Click here to read the full story.

LA CITIES WIN BIG COURT RULING ON WATER QUALITY STANDARDS

The Orange County Superior Court recently found that the State and the Los Angeles Regional Water Water Control Board (LA RWQCB) failed to comply with State laws requiring water quality standards to be reasonable. The Court also found that the storm water regulations adopted by the Regional Board were unreasonable and unachievable since it was based on “potential” future uses, not “probable” future uses. The Court also found that the Regional Board failed to complete the State law requiring the review of the regulation’s impact on the economy and housing. Click here to read more.

2008 LEGISLATION BY THE NUMBERS

Assembly Bill 3083 and Senate Bill 1771 mark the last two bills introduced in each house for the 2007-2008 legislative session. Including the 36 proposed Constitutional Amendments, that means 4,891 separate pieces of legislation have been introduced in the California State Legislature during the current legislative session.

Yes that is right, four-thousand-eight-hundred-ninety-one (4,891) new laws proposed to add to the already overflowing statutes.
 

UPCOMING EVENT: GREEN CALIFORNIA SUMMIT AND EXPOSITION APRIL 7-9

Builders, property managers, developers, facilities managers and others involved in real estate should not miss the Green California Summit (April 7-9, Sacramento Convention Center). The event, guided by an Advisory Board that includes senior state officials and leaders from the real estate community, combines an exposition featuring hundreds of green products and services with seminars and training. Discover green tools that can save you money, preserve the environment and give you a competitive edge - and find out about regulations and policy that are changing the industry. For more information, click here. CBPA members get a special 20% discount – simply enter “CBPA” as a Coupon Code towards the end of the registration.

UPCOMING EVENT: ICSC GREENTALK; RETAIL REAL ESTATE SUSTAINABILITY Q&A

ICSC's Research Scholar, Jerry Yudelson, will answer your questions on green development and operations—drawing upon his expertise as a professional engineer and one of the leading authorities on green development and marketing green buildings. Find out more about the call by clicking here.

CBPA 2008 CALENDAR

June 10-11, 2008
California Commercial Real Estate Summit (CCRES) & CBPA Annual Meeting
Sacramento, CA

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