BOMA CAL 2018 PRIORITY BILLS
PRIORITY BILLS IN THE LEGISLATURE
We are currently following more than 500 pieces of legislation that has a potential impact on your business. Below is long list of bills that we are working on and our position on the measures. To read the statutory language and see analysis, you can click on the bill number. Any feedback and/or analysis that you may have is welcome!
Last week we shared a long list of Assembly bills. This week is a list of the bills that were introduced in the Senate:
Summary: The Legislature has found and declared that its intent in implementing the California Renewables Portfolio Standard Program requires the PUC is to attain, among other targets for sale of eligible renewable resources, the target of 50% of total retail sales of electricity by December 31, 2030. This bill would revise the above-described legislative findings and declarations to state that the goal of the program is to achieve that 50% renewable resources target by December 31, 2026, and to achieve a 60% target by December 31, 2030.
Summary: Would require a local government to, if requested, grant a development proponent of a transit-rich housing project a transit-rich housing bonus if that development at the time of submittal meets specified planning standards, including complying with demolition permit requirements, complying with any local inclusionary housing ordinance or, if the local government has not adopted an inclusionary housing ordinance, agreeing to provide a specified percentage of awarded units as onsite affordable housing, preparing a relocation benefits and assistance plan, complying with any locally adopted objective zoning standards, complying with any locally adopted minimum unit mix requirements, and if the development includes specified types of parcels, agreeing to replace those units and to offer units at one of 2 specified affordable rates.
Position: SUPPORT – DEAD IN ITS FIRST HEARING
Summary: Would instead authorize a local agency to provide by ordinance for the creation of accessory dwelling units in areas where a single-family or multifamily dwelling is authorized, and would require the ordinance to designate areas where accessory dwelling units may be excluded for fire and life safety purposes, as specified. The bill would revise the standards for the local ordinance to, among other things, include a prohibition on considering the square footage of a proposed accessory dwelling unit when calculating an allowable floor-to-area ratio for the lot.
Summary: Would require a lactation room or location to include prescribed features and would require an employer to provide access to a sink and refrigerator in close proximity to the employee’s work space. The bill would establish a procedure for an employer with fewer than 5 employees to apply to the Division of Labor Standards Enforcement for an undue hardship exemption from the lactation room or location requirement. The bill would require an employer to develop and implement a policy regarding lactation accommodation and make it available to employees, as specified.
Position: REQUESTING AMENDMENTS
Summary: Would, on and after January 1, 2019, expand the Sales and Use Tax Law to impose a tax on the purchase of services by businesses in California at a specified percentage of the sales price of the service. The bill would require the tax to be collected and remitted by the seller of the purchased services. The bill would exempt certain types of services, including health care services, from the tax and would exempt from the tax a business with gross receipts of less than $100,000 in the previous 4 quarters.
Summary: Current law authorizes the legislative body of a city or a county to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of community significance. Current law prohibits a district from financing routine maintenance and repair work. Existing law authorizes the issuance of bonds for the funding of these purposes if approved by 55% of the voters voting on a proposal to issue the bonds. This bill, instead, would authorize a district to finance the ongoing or capitalized costs to maintain public capital facilities financed in whole or in part by the district, but would prohibit the use of proceeds of bonds issued to finance maintenance of any kind.
Summary: Current law, with certain exceptions, requires that employers pay wages to their employees twice per calendar month on days designated in advance as regular paydays. A violation of that requirement is a crime. Current law exempts the payment of wages of employees directly employed by the State of California from that requirement. This bill would repeal that exemption as of January 1, 2020, thereby subjecting the payment of wages of employees directly employed by the State of California to the twice-per-month requirement. By changing the definition of a crime, this bill would impose a state-mandated local program.
Summary: Would require a plaintiff or petitioner, in an action brought pursuant to the California Environmental Quality Act, to disclose the identity of a person or entity that contributes in excess of $1,000, as specified, toward the plaintiff’s or petitioner’s costs of the action. The bill also would require the plaintiff or petitioner to identify any pecuniary or business interest related to the project of any person or entity that contributes in excess of $1,000 to the costs of the action, as specified. The bill would provide that a failure to comply with these requirements may be grounds for dismissal of the action by the court.
Summary: Current law requires certain occupied structures that are not owned or operated by any local government entity and are constructed on or after January 1, 2017, to have an automated external defibrillator (AED) on the premises. This bill would apply the AED requirements to certain structures that are constructed prior to January 1, 2017, and subject to subsequent modifications, renovations, or tenant improvements, as specified.
Position: ASKING FOR AMENDMENTS
Summary: The Corporation Tax Law imposes taxes according to or measured by net income at a rate of 8.84%, or for financial institutions, at a rate of 10.84%, as specified. This bill would, for taxable years beginning on and after January 1, 2019, revise that rate for taxpayers that are publicly held corporations, as defined, and instead impose a tax rate from 8.84% to 13%, or for financial institutions, from 10.84% to 15%, based on the compensation ratio, as defined, of the corporation.
SB 1415 (McGuire D) Housing.
Summary: Would require each entity responsible for enforcing building standards and other regulations of the State Fire Marshal, as specified, to inspect, every 5 years, all structures within the entity’s responsibility that are in the Factory Industrial Group F, High-Hazard Group H, and Storage Group S occupancy classifications, as described, for compliance with those standards and regulations, or, if applicable, more stringent or restrictive local regulations. The bill would authorize an entity that inspects a structure pursuant to these provisions to charge and collect a fee from the owner of the structure to recover the costs of the inspection or related fire and life safety activities.
Summary: Current law authorizes the legislative body of a city or county to establish a procedure to use a nuisance abatement lien or a special assessment to collect abatement costs and related administrative costs. This bill would authorize, until January 1, 2024, the legislative body of a city or county to also collect fines related to the nuisance abatement using a nuisance abatement lien or a special assessment.