Free Webinar Offered on Proposition 65 Requirements!
The Office of Environmental Health Hazard Assessment’s (OEHHA) recent update to the Proposition 65 warning regulations take effect on August 30th of this year. The new warning regulations substantially change what warnings must say and how they must be presented to the public or consumers. A section of the new regulations provide guidance for the type of warnings that would need to be provided at the entrance of commercial buildings, including warnings that must specify the chemical for which the warning is being provided. The regulations also speak to other type of exposure scenarios they may be relevant for commercial buildings, including food warnings, parking lot warnings, and others. On Friday, August 10th, 10:00 a.m., BOMA California will host a webinar with Anthony Samson and Tiffany Ikeda, attorneys with Arnold & Porter, and Proposition 65 compliance experts, to walk through the new requirements.
Webinar Information:
BOMA California Proposition 65 Compliance Webinar
Friday, August 10, 10:00 a.m.
Click Here to Add to your Calendar and Get Webinar Information. Proposition 65 is a complicated area of law and your properties are all unique. With that in mind we highly recommend that you work with internal legal resources or an external firm that can provide guidance to assure you are in full compliance. However, we hope this webinar will give you some basic tools to accomplish the goal of Prop. 65 compliance. Additionally, CBPA has also worked with Arnold Porter to produce this Prop. 65 Guidance document to provide you some basic information and get you pointed in the right direction. Hope you can join us on August 10th!
BOMA-OC PAC - Change Makers at Work!
Reprinted with permission from California Business Properties Association
Two bills were passed last month that will positively impact commercial property owners and managers. Representatives from the OC chapter assisted in providing  case scenarios, editing proposed language and providing support to our lobbyists. These two new laws do not go into effect until January 1, 2019.
AB 2173 changes the monetary limits for abandoned inventories left by commercial tenants. SPONSORED BILL SIGNED INTO LAW: AB 2173 (Santiago; D-Los Angeles) – Abandoned Property Sponsored by BOMA California and signed into law by Governor Brown in July, this bill updates the state’s commercial/retail abandoned property laws by increasing the threshold amount needed to trigger an official disposition (auction) process. The new threshold is now $2,500 or an amount equal to one month’s rent for the premises the tenant occupied, whichever is greater. Under current law, a commercial property owner/manager is obligated to go through an expensive public notification and auction when a business moves out and leaves behind unwanted items, believed to be $750 or more in value or the equivalent of $1 per square foot of the rental for the property, whichever is less. If a company moves out of a leased space and purposefully abandons property (i.e. old shelving, a few desks and chairs, or obsolete computer equipment) that low threshold is very easily met and triggers an expensive auction process for a relatively small amount of money on items that were unwanted to begin with. Due to AB 2173, state law now better reflects the practical realities in the commercial real estate industry by setting a new commercial threshold. This proposed new threshold amount more appropriately aligns with the actual costs of storage and disposal of abandoned property in commercial real estate. AB 2173 (Santiago; D-Los Angeles) Governor’s Signature Press Release. Click here to read the text of the new law.
AB 2847 differentiates between residential and commercial tenancies on the timing of abandonment notices. SPONSORED BILL SIGNED INTO LAW: AB 2847 (Rubio; D-Baldwin Park) – Separating Residential and Commercial Leasing Language Sponsored by BOMA California and signed into law by Governor Brown in July, this bill continues the effort to separate commercial from residential sections in statute where it does not make sense to have them intermingled. AB 2847 clarifies that current Civil Code §1951.3 pertains to residential real estate only and creates a new section mirroring it to deal with commercial/retail. This fix was needed as the statute provided certain obligations/protections for residential owners/tenants without parallel in commercial context. The current section requires that when property is deemed “abandoned” the property owner must wait until the fifteenth of the following month to start the Notice of Abandonment. This waiting period does not make sense on the commercial side as there are strict contractual obligations guiding property leases. This bill clarifies that the residential and commercial sections are not comingled which may lead to further reform in the future. AB 2847 (Rubio; D-Baldwin Park) Governor’s Signature Press Release. Click here to read the text of the new law.
BOMA-OC recently participated in a very informative harbor tour at the Port of Long Beach
Reprinted with permission from Port of Long Beach
Management shared a Facilities Guide with us that gives some amazing facts about the port. Read Facilities Guide
Definition of “independent contractor” changed significant in recent Dynamex Operations West v. Superior Court decision.
Reprinted with permission from California Business Properties Association
You may have recently heard about a ruling by the California Supreme Court in Dynamex Operations West v. Superior Court (“Dynamex”), issued in April. The economic impact of this ruling has far-reaching negative implications for nearly all sectors of the economy as it puts severe restrictions on independent contractors. Companies in a wide range of industries throughout California will be exposed to costly litigation and will have limited resources to maintain their business. Innovation and investment in California’s economy will be limited or reduced. And, individuals who intentionally rely upon contracting opportunities for income, will have limited options. As part of a very large business coalition, we are pushing back on the decision and asking that policymakers address the issue. Attached is our initial letter. As part of the advocacy effort we have just launched the following website -- “I’m Independent.” We hope this overall effort will get policymakers to address this bad decision. NEWSTORY: “THE HILL: California's 'Dynamex' decision spells doom for state's businesses and freelancers”
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Paid for by BOMA OC PAC - Building Owners & Managers Association of Orange County PAC
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