Latest News

CBPA's California Legislative Update 4/08/2022

   Filed under: Legislative News: California

  • WAREHOUSE BAN - SUPPLY CHAIN DISRUPTOR
  • CALCHAMBER ADDS MORE TO JOB KILLER LIST
  • CALIFORNIANS FOR SAFE STORES AND NEIGHBORHOODS PRESS CONFERENCE
  • INDUSTRY WIDE LEGISLATIVE MEETING – THANK YOU
  • LEGISLATURE SPRING RECESS – BACK ON 4/18
  • CBPA 2022 CALENDAR

WAREHOUSE BAN - SUPPLY CHAIN DISRUPTOR

The industrial real estate sector has been pushing back against a bill seeking to stop warehouse and logistic center projects for well over a year. Although we stopped a bill last year, the same Assemblymember is back this year with a very similar measure.

AB 2840 (Reyes) would place a ban on development of warehouse/logistics facilities 100,000 s.f. and larger if they are within 1,000 feet of most non-industrial uses. This bill disrupt the state’s supply chain, stop communities from being able to engage in redevelopment of neighborhoods that need jobs and infrastructure, and kills jobs in area where they are needed most.

In the plainest language, AB 2840 would ban the building of any facility 100,000 s.f. or more within 1,000 ft of a “sensitive receptor,” which has a broad definition but is basically most non-industrial uses. Additionally, all projects that are not banned due to proximity to a sensitive receptor must have a PLA to be approved.

Even if your company doesn’t build/own these types of facilities, the precedent set by this bill will have a huge impact on all commercial real estate projects in the future.

We know this is an extremely bad bill that will have a huge impact on your businesses. This bill will have our full focus and attention and we hope to work closely with local affiliate member chapters and other impacted stakeholders to stop this bill again.

We are part of an extremely large coalition who is opposing this measure. To read the coalition’s letter of opposition that has been submitted– click here.

We thank the CalChamber for raising the profile of this bill by adding it to the “Job Killer” list (see below!).

Stay tuned for updates on this industry priority in the coming weeks.

CALCHAMBER ADDS MORE TO JOB KILLER LIST

Earlier this week, our friends at the CalChamber released an updated list of bills, including AB 2840 (Reyes), that were identified as “Job Killers”.

This is a list that identifies legislation that will decimate economic and job growth in California. We are working in concert with CalChamber and large coalitions to advocate against the passage of this bad legislation.

AB 2183 (Stone; D-Scotts Valley) Forced Unionization Process for Agricultural Employees. Limits an employee’s ability to independently and privately vote for unionization in the workplace, by essentially eliminating a secret ballot election and replacing it with the submission of representation cards signed by over 50% of the employees, which leaves employees susceptible to coercion and manipulation by labor organizations. Also, unfairly limits an employer’s ability to challenge the cards submitted by forcing employers to post an unreasonable bond, and then limits an employee’s ability to decertify a union, by forcing them to go through the ballot election process instead of submission of representation cards. Also includes an unnecessary presumption of retaliation that is effectively unlimited in scope because it would apply for the duration of an election campaign, which could last for a year or more.

AB 2188 (Quirk; D-Hayward) Limits Employers’ Ability to Keep Workplace Drug-Free. Risks workplace safety by promoting marijuana use to a protected class under California’s discrimination law, on par with national origin or religion. Also effectively prohibits pre-employment drug testing, harming employers’ ability to keep their workplace safe and drug free. In addition, would prohibit use of traditional marijuana tests, such as urine and hair testing, and compel employers to utilize saliva-based testing.

AB 2840 (Reyes; D-San Bernardino) Warehouse and Logistics Project Ban. Circumvents the California Environmental Quality Act, creates an unprecedented ban on warehouses and logistics use projects irrespective of whether there are any project impacts, usurps local authority over land use decisions, exacerbates supply chain problems, and forces union labor for proposed private projects that are not banned.

AB 2932 (Low; D-Campbell) Increased Overtime Requirement. Significantly increases labor costs by imposing an overtime pay requirement after 32 hours and other requirements that are impossible to comply with, exposing employers to litigation under the Private Attorneys General Act (PAGA).

For more information on the 2022 Job Killer list, click here.

CALIFORNIANS FOR SAFE STORES AND NEIGHBORHOODS PRESS CONFERENCE

Assemblymember Al Muratsuchi (D - Torrance), in partnership with the California Retailers Association (CAR) and California Hotel and Lodging Association (CHLA), introduced Assembly Bill 2390, which would have strengthened existing Proposition 47 (2014) provisions by allowing separate instances of retail theft to be counted in aggregate toward the existing $950 felony threshold. The bill balanced the felony threshold with off ramps that would provide diversion programs and job trainings to offer alternatives to incarceration.

A press conference was held on the Capitol steps with the Assemblymember, CAR, CHLA, attended by Matthew Hargrove, President and CEO of CBPA, and other business industry supporters to address this issue in California. 

Rachel Michelin, President and CEO of CAR stated,

Members of the Assembly Public Safety committee made it clear — they wanted to address retail theft in a balanced manner that safeguards existing criminal justice reforms while demonstrating they are attentive to the safety of customers, retail employees, and neighborhoods.”

press release from CAR continued with comments after learning the committee proposed amendments to AB 2390,

“While AB 2390 would have done just that by opening the door for additional offenders to be eligible for diversion programs in furtherance of Proposition 47, the Assembly Public Safety committee proposed amendments that completely undermined the spirit of the bill and failed to address the root causes of retail theft.”

We are actively supporting the larger coalition and action of Californians for Safe Stores and Neighborhoods and applaud the work being done to address retail crime in California by our partners.

INDUSTRYWIDE LEGISLATIVE MEETING – THANK YOU

To those in our industry who participated in the Commercial Real Estate Industrywide Legislative Meeting to help set final priorities and positions for the 2022 Legislative Year, THANK YOU! 

This meeting brought together representatives from individual companies and all the major real estate associations including ICSC, BOMA California, NAIOP California Council, IREM California Chapters, and AIR CRE to assure our industry is coordinated in our response to important legislative issues:

This is a crucial part of our legislative process. Feedback on how legislative measures will impact your businesses/properties is an imperative part of the process.

Your Sacramento staff at CBPA will take all the thoughts and notes from this meeting to move forward with our legislative strategies and continue working with our allied groups in Sacramento. We know it isn’t easy to take a few hours out of your day to help, and it does not go unnoticed.

We would like to extend one final thank you to all the volunteers that have provided input so far to help make this complicated and time-consuming review possible. Our members’ expertise is the backbone to our lobbying and advocacy efforts, and we are most effective representing your interests in the Capitol when you participate.

LEGISLATURE SPRING RECESS – BACK ON 4/18

After a busy week in the Capitol and the new Swing Space on O Street, the California Legislature is now on recess until April 18, 2022.

There is still work to be done during this time, and we will be meeting with members of the legislature on your behalf to continue to advocate for our industry.

For more information on the California Legislature’s Calendar, click here.

CBPA 2022 CALENDAR

Tuesday, June 7 – Wednesday, June 8

California Commercial Real Estate Summit
and CBPA Annual Board Meeting
Sacramento

Tuesday, November 15
CBPA Board Meeting
Sacramento

For more information on any of our events, please contact Melissa Stevens at 916-443-4676 or mstevens@cbpa.com.

← Return to Latest News