California’s Green Code Builds Bridges to Business

0

It’s not often that business groups applaud California regulators adopting “first in the nation” environmental standards, but that’s precisely what happened earlier this month when the California Building Standards Commission adopted the nation’s first statewide “green building” code.

The 60-page code requires that all new construction in the state from homes to commercial buildings, schools and other public facilities reduce total water usage by 20 percent, energy consumption by 15 percent and water for landscaping by 50 percent from levels allowed in the current code.

The code will be voluntary when it takes effect July 1, 2009, while the Building Standards Commission finalizes mandatory standards over the next year, according to commission Chairwoman Rosario Marin. The mandatory standards should kick in by 2011.

The building code changes have won nearly universal acclaim from business and industry groups, ranging from the California Chamber of Commerce and California Manufacturers and Technology Association to the California Building Industry Association and the Building Owners and Managers Association.

One key reason for the support: The rules leave some leeway to building owners and designers on how to achieve the reductions in energy and water use. In many instances, the rules give some compliance options such as the use of low-flow toilets and showerheads but leave it up to the builder or owner exactly which ones to choose.

“The adoption of these regulations will create a sound framework from which to focus future regulatory efforts, because it is important that innovations in green building are not sabotaged by state mandates,” said Allan Zaremberg, president of the California Chamber of Commerce.

But some environmental groups, including the Natural Resources Defense Council, and some state lawmakers have criticized the commission’s standards as not going far enough. They note that the standards fall short of the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) standard for “silver” certification, which is the standard that Gov. Arnold Schwarzenegger has authorized for all new state-owned buildings.


Meal and Rest Periods Win

California employers have won a round in their long-running battle with unions over the issue of providing meal and rest periods to their employees.

On July 22, the Fourth District Court of Appeal in San Diego overturned a lower court ruling and held that while employers must provide meal and rest periods, they are not obligated to make sure workers take them.

Employers have long pushed for more flexible rules governing meal and rest breaks, while unions have alleged that many employers intimidate their employees into skipping meal and rest periods.

The appellate case involved San Diego-area employees of Dallas-based Brinker Restaurant Corp., which owns Chili’s Grill & Bar, Romano’s Macaroni Grill and Maggiano’s Little Italy restaurants. The employees alleged that managers often forced employees to work through meal and rest periods. A San Diego district court agreed and certified class-action status for the case, which could have resulted in tens of millions of dollars in damages against Brinker.

The California Restaurant Association welcomed the appellate court ruling, saying that workers will now have more flexibility in determining when to take their breaks.


Tax-Filing Extension

Vendors doing business with California may be eligible for extensions in filing their sales taxes thanks to the late state budget.

But there’s a catch for vendors who only have part of their business with the state: They may be hit with interest payments if they delay paying their sales taxes.

State Board of Equalization Chair Judy Chu has announced an extension period that will last until the month after the adoption of the state budget. And with Democrats and Republicans fighting over how to close a $15.5 billion budget deficit, a stalemate lasting perhaps into September is expected.

Businesses filing during the extension will not be held liable for penalties. However, they will be charged interest on sales taxes from the portion of their revenues not tied to state payments. That means vendors or contractors facing large sales tax payments that derive only a small portion of their revenues from the state could face hefty interest payments on their sales taxes if they choose to take the exemption.

There’s a reason for that: The exemption is primarily targeted at those businesses that derive the bulk of their revenues from goods or services they sell to the states, said Board of Equalization spokeswoman Anita Gore.

“Many of these vendors are small businesses that are viable mostly because of their contracts with the state,” Gore said.

Businesses impacted by the delay in state payments must request an extension in writing. Relevant information can be found by logging on the Board of Equalization’s Web site at boe.ca.gov.


Staff reporter Howard Fine can be reached at

[email protected]

or at (323) 549-5225, ext. 227.

Previous article East West Posts Loss, Gives Glum Outlook for ’08
Next article LAX Settles Fee Dispute
Howard Fine
Howard Fine is a 23-year veteran of the Los Angeles Business Journal. He covers stories pertaining to healthcare, biomedicine, energy, engineering, construction, and infrastructure. He has won several awards, including Best Body of Work for a single reporter from the Alliance of Area Business Publishers and Distinguished Journalist of the Year from the Society of Professional Journalists.

No posts to display