A prime example of the inner workings of this remarkable endgame process is the last minute treatment given to the package of eight flood control Assembly bills that have previously been touted as critical measures needed to reduce the threat of flood damage in the Central Valley. This package of flood control bills has experienced rough going in the Senate because of the myriad of interrelated issues these bills raise for future development in the region. This has been particularly true for AB 1899, the key flood control bill authored by local Assemblywoman Lois Work (D-Davis), which has gone through several difficult revisions. Recently, Governor Schwarzenegger proposed a series of major last minute amendments to the bills that were intended to limit the perceived anti-development impact of the new legislation. In an abrupt response to the Governor’s proposal, Senate President Pro Tem Don Perata (D-Oakland) shelved the entire package of bills which he declares are now dead. However, the time for further action on these bills does not actually expire until August 31st , so we may yet see their revival.

Other Legislation.
There are also several other key bills of particular interest to the commercial real estate industry that are making their final push to secure passage through this treacherous end of Session legislative process, including:
AB 1953 (Chan, D-Oakland). This bill would revise the “Lead Free” standard for plumbing devices to a higher and, according to some critics, an impractical standard.

SB 1528 and SB 1818 (Alarcon, D-Sun Valley). SB 1528 would impose special requirements for economic impact reports on all new retail superstore developments, while SB 1818 would impose special liabilities on large retailers for “intimidating” local governments. Both of these bills are viewed as anti-big box legislation.
AB 2641 (Coto, D-San Jose). This bill would provide special protections for “Native American burial grounds” from “ground-disturbing land-development activities.” Recently this bill has received increased critical attention because of its potential impact on future homebuilding in the region.

Conclusion.
In our next update we will include a score card on how these bills and other commercial real estate related legislation faired at the end of the legislative session and provide a list of the important bills that have moved forward and await the Governor’s signature. Of course, this legislative update is intended only as a brief summary of the legislation reviewed. If you are interested in more details regarding the bills discussed, I can be contacted at bmccormick@downeybrand.com  or (916) 444-1000.