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BOMA San Diego 2006 legislative priorities

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BOMA San Diego has established itself as a legislative force representing the commercial real estate industry both in the city and county of San Diego and beyond through partnerships with BOMA California and BOMA International. With nearly 300 members, BOMA San Diego represents more than 25 million square feet of commercial office space in San Diego County.

Each year, BOMA's Government Affairs Committee releases its legislative priorities and recommendations for action. The committee's main priorities for 2006 are outlined below.

Split Roll Property Tax

Though we were successful in 2005 in stalling Split Roll legislation on the Senate floor, it is expected that a property tax measure will once again be pursued, either through the Legislature or through the initiative process.

BOMA San Diego continues to oppose any proposal aimed at splitting property tax assessment rolls that discriminate against commercial property by assessing a proportionally higher amount of tax burden on non-residential property than on residential properties. BOMA San Diego believes public services that are supported by property taxes benefit every property owner equally and thus should be dispersed in an equitable manner. A split roll tax would provide one more reason for businesses to either flee California or decide not to expand operations in the state.

Trash and recycling issues

BOMA believes the city should monitor the implementation of the C&D ordinance to ensure that sufficient and reasonable enforcement measures are adopted and that an adequate education program is implemented to raise awareness for commercial property owners about the new program and its requirements. BOMA supports the creation of a partnership between the various stakeholder groups and the city of San Diego for the purposes of enhancing existing recycling efforts, as well as tenant education to continue the successful diversion of recyclable trash from our landfills.

In addition, BOMA San Diego supports the change to the baseline trash collection numbers used by the State Integrated Waste Management Board for the purposes of demonstrating AB 939 compliance that reflects the true level of recycling in San Diego. BOMA opposes the establishment of a commercial, industrial and multi-family mandatory recycling ordinance.

City of San Diego

BOMA believes San Diego should monitor the restructuring of internal city departments such as Development Services and Real Estate Assets. In addition, the city should monitor activities related to potential outsourcing of city services or divisions.

It is crucial to participate in the discussions of potential water and sewer rate increases. BOMA San Diego will work with city officials and staff to determine whether a rate increase is truly needed and ensure that an equitable solution is reached that does not overburden commercial property owners. BOMA opposes any increase in sewer and water rates that does not proportionally allocate costs to all user classifications.

BOMA San Diego supports the completion of the fiscal year 2003 and 2004 audits in order to bring the matter to close and allow the city to re-enter the bond market for the purpose of completing much needed infrastructure improvement projects being paid for, in part, by member companies through city fees and rate charges.

Energy issues

Not only does BOMA support the provision of additional power supply to the San Diego region, including the construction of new power plants, but the provision of new energy transmission capacity for the region and the continuation of monitoring developments with SDG&E's Sunrise Powerlink proposal.

Americans with Disabilities Act (ADA)

BOMA San Diego supports a solution, legislative or otherwise, that will curtail the abuse of the ADA while at the same time preserve the rights of the disabled community. Such a solution should require that property owners of an alleged violation receive a notice of intent to sue if a violation is not corrected within a given time period. If the violation is corrected, no lawsuit could be filed.

Security deposits

BOMA San Diego believes that commercial property owners should be allowed to count on the terms and conditions of a lease agreement, including a security deposit that has been agreed upon by both the tenant and property owner. BOMA San Diego supports AB 1161, which seeks to clarify that the statute dealing with commercial leases and security deposits clearly allows the application of a security deposit to damages a landlord suffers upon the termination of a lease as a result of a tenant's default under the lease.

For more information about issues affecting the commercial real estate industry or to request a copy of the BOMA 2006 Issues Report, contact BOMA San Diego at (619) 243-1817 or visit www.bomasd.org.

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