CBPA's California Legislative Update 7/3/19
- HAPPY FOURTH OF JULY
- PARKING ENFORCEMENT REPEAL UP NEXT WEEK
- CITY FIGHTS PROPOSED BAN ON TOWING
- CARPET RECYCLING BILL RAISES CONCERNS
- CALIFORNIA BUDGET SIGNED – MONEY FALLING OUT OF THE SKY!
- ADA DRIVE BY! FIRM FILES 1,400 SUITS
- CALENDARS
HAPPY FOURTH OF JULY
What started out as a celebration to mark our young nation’s independence from England more than 200 years ago, has evolved into a national holiday that celebrates the American spirit and our nation’s independent and powerful leadership in the World.
We were founded by recognizing a person’s inherent rights and responsibilities. We were founded on the principles of equality, religious tolerance, and opportunity. These beliefs have been challenged many times over the years, but have always been defended by men and women willing to protect these principles, sometimes by risking the ultimate sacrifice.
As you celebrate this year take a moment to reflect on the unique and great nature of this country and to thank those who have given their lives to defend our way of life, as well as the current men and women in uniform in harm’s way. Because we have the freedom to do so, we sometimes get lost in the details of whatever societal argument we are currently in and a day like the 4th of July provides a good opportunity to spend time with family and friends, enjoy our freedoms, and reflect on what a truly great nation we live in.
PARKING ENFORCEMENT REPEAL UP NEXT WEEK
Next week the Senate public safety committee will hear AB 516 (Chiu; D-San Francisco) a bill that will repeal several existing parking laws that could have a severely negative impact on commerce, especially in urban and already congested areas.
Specifically, AB 516 repeals several existing laws that authorize peace officers to tow vehicles for having five or more delinquent parking or traffic violations, for leaving a vehicle on a road for 72 or more consecutive hours, and for a having a lapsed vehicle registration more than six months.
Several verbal amendments were taken to the bill, and we look forward to working with the author and Senate Public Safety Committee as they are written. However, we continue to worry that taking away the threat of towing a vehicle for non-payment of parking tickets will not be helpful in areas that are already congested.
The commercial, industrial, and retail real estate industry understands there is good intent behind the bill and having a car towed can be a financial hardship. However, removing all recourse for maintaining a modicum of organization of parking in public places is not the answer.
Even with these laws on the books, many people do not follow societal norms and courtesies for parking vehicles. Remove the ability of cities to manage their roads, and the problem will be compounded.
In commercial areas, circulation of vehicles is extremely important. Small businesses in downtown shopping, commerce, and tourist areas depend movement of vehicles throughout the day. Repealing a local government’s ability to remove vehicle from these areas that are illegally parked will be detrimental.
Without the ability to remove vehicles individuals will just store them in a manner that impedes commerce, shopping, cultural events, and will induce gridlock in areas by making it extremely difficult for citizens to park in residential areas and commercial districts alike.
Click here to read more info about AB 516. https://www.sfexaminer.com/the-city/chiu-bill-would-prevent-cities-from-towing-vehicles-for-nonpayment-of-parking-tickets-registration/
CITY FIGHTS PROPOSED BAN ON TOWING
Many small and large towns across the state understand how bad AB 516 will make trying to find parking in any semi-congested urban commercial area and suburban residential neighborhoods. Many drivers already ignore parking laws – removing the threat of getting booted or towed will just be a disaster.
Here is a story from one Bay Area town that knows this is a very bad idea:
https://padailypost.com/2019/07/02/city-fights-proposed-ban-on-towing-vehicles/
CARPET RECYCLING BILL RAISES CONCERNS
Our industry is taking a close look at AB 729 (Chu) a bill that is seeking to make changes to the State’s Carpet Stewardship Program. Recent proposed amendments have the potential of tripling the fee which will increase the cost of both housing and commercial leases.
The Carpet America Recovery Effort (CARE) has seen consistent increases in carpet recycling since the program inception in 2011. This success is evidenced by CalRecycle’s final and unconditional approval of CARE’s five-year stewardship plan on February 19th of this year, just four months ago. If its not broke, don’t fix it.
In addition to increased costs to commercial and residential owners and tenants, this legislation has the potential to introduce market instability by allowing for a change the stewardship structure. This includes CalRecycle having the ability to revoke the stewardship plan for any reason, CalRecycle assigning the CARE Program to an entity or escrow company without any oversight, and the removal of the cap on fees that CalRecycle can recover for administration and enforcement of the CARE Program.
AB 729 allows for CalRecycle to have unlimited access to the program funds, and increasing the amount CalRecycle collects will undoubtably cause an increase in the assessment (i.e. fee) on carpets. Increasing the cost of carpet will therefore increase the costs for residential and commercial space alike.
For these reasons we are working with the author to identify what is really at issue and see if there is a way
CALIFORNIA BUDGET SIGNED – MONEY FALLING OUT OF THE SKY!
California’s newly signed budget includes more money for homeless and more money to induce cities enable more home buildings. It also includes some controversial new “sticks” to try to get those cities that are not excited about new construction to adopt policies to get it moving. Here is a comprehensive story that will bring you up to speed on all the issues! https://calmatters.org/articles/californias-new-housing-budget-what-to-know/?utm_source=CALmatters+Newsletter&utm_campaign=ed2cee82d5-WEEKLY_CALMATTERS&utm_medium=email&utm_term=0_faa7be558d-ed2cee82d5-150167401
ADA DRIVE BY! FIRM FILES 1,400 SUITS
Litigators from Sheppard, Mullin, Richter & Hampton argue a San Jose that a plaintiffs firm churning out over 1,400 drive-by suits might actually undermine the efforts of legitimately disabled people. Click here to see if this is racketeering: https://www.law.com/therecorder/2019/06/27/daily-dicta-this-firm-has-filed-1400-ada-suits-but-is-that-racketeering-403-36207/?kw=A%20San%20Jose%20Law%20Firm%20Has%20Filed%201%2C400%20ADA%20Suits.%20But%20Is%20That%20Racketeering?%20&utm_source=email&utm_medium=enl&utm_campaign=newsupdate&utm_content=20190628&utm_term=ca
CALENDARS
December 5 – 6, 2019
Strategic Issues Conference
Napa Valley
