ATTENTION CSSA MEMBERS IN SAN DIEGO AND VENTURA COUNITES:

When does California’s anti-price gouging statute apply?

Price gouging protections apply immediately after the President of the United States, the Governor of California, or a city or county executive officer declares a state of emergency. Price gouging is defined as raising a price more than 10%of what it was before the state of emergency. These protections generally apply for 30 days after a declaration of emergency, although for reconstruction services and emergency cleanup services, protections apply for 180 days after a declaration of emergency. The fact that an emergency is continuing does not, by itself, extend price gouging protections beyond their initial expiration, but state and local officials may extend price gouging protections beyond these timeframes by additional orders.

Ross Hutchings, CAE

Executive Director – California Self Storage Association

Protect Proposition 13

Sign the Petition to Oppose ACA 13

Assembly Constitutional Amendment 13 (Ward; D- San Diego and Rivas; D-Salinas), seeks to limit the initiative process by shifting the power to raise the voter threshold for new and higher taxes away from voters and to the Legislature. ACA 13 is a last-minute attack on Proposition 13 sponsored by the same public employee union group that spent almost $100M on Prop. 15 in 2020 – a Split Roll Property tax measure which was narrowly defeated.  

 ACA 13 is meant to protect the recent court decisions that have removed the two-thirds tax vote thresholds on your properties. Most recently this loophole was used to pass Measure ULA in the City of Los Angeles, an $800M per year tax on apartments and commercial properties.

 ACA 13 is a brazen attempt to change the Constitution to stop the  Taxpayer Protection and Government Accountability Act, which has qualified for the November 2024 ballot and will restore the two-thirds vote requirement on special taxes, fixing the Upland Loophole and protecting against future attempts at creating a Split Roll tax.

 We need your help. Please take a moment to sign the petition to let your legislators know you oppose ACA 13. 

  Thank you for your support of our ongoing efforts to protect taxpayers from the continued attacks on Proposition 13.

SIGN THE PETITION

CA Self Storage Owners and Operators –

Please note that Governor Newsom has extended the State of Emergency to 43 out of the 58 California counties under a State of Emergency and has requested Presidential Major Disaster Declaration

NOTE: Price Gouging rules will be in place until the emergency has been lifted. This includes restrictions on raising rents for self storage operators to a maximum of 10% over existing rents. Some exceptions may exist, for example if a tenant is under an introductory rate. If you plan to raise rents beyond 10%, we suggest you consult with your attorney.

FOR IMMEDIATE RELEASE:
Tuesday, March 28, 2023
Governor's Press Office: (916) 445-4571

Governor Newsom Expands Storm State of Emergency, Requests Presidential Major Disaster Declaration to Support Ongoing Response and Recovery 

SACRAMENTO – As California continues to deploy personnel and resources to protect communities and support recovery efforts amid ongoing severe storms, Governor Gavin Newsom today requested a Presidential Major Disaster Declaration to bolster the emergency response and recovery in the counties of Calaveras, Kern, Los Angeles, Mariposa, Monterey, San Benito, Santa Cruz, Tulare, and Tuolumne.

To date, the state has invested more than $60 million in direct response and recovery action to support communities impacted by these storms, including the deployment of the California National Guard and other state personnel to perform lifesaving rescue missions; the mobilization of food, water, sandbags, cots, and other commodities to areas in need; and providing equipment and personnel to assist in the fortification of levees, clearing of debris and snow from roadways, medical support at shelters, and staffing support for local assistance centers.

The Presidential Major Disaster Declaration request encompasses the communities impacted by flooding, snow, mudslides, avalanches, and debris flows that resulted from storms beginning February 21. Additional counties may be added as further damage assessments are conducted, particularly in areas where record snowpack makes it difficult to accurately assess the full extent of damages. The text of the Governor’s request can be found here.

The Governor also expanded the storm state of emergency to the counties of Alameda, Marin, Modoc and Shasta, which join 43 counties the Governor has previously proclaimed a state of emergency for since the start of severe winter storms in late February. The text of the Governor’s storm emergency proclamation can be found here. 

“Over these past months, state, local and federal partners have worked around the clock to protect our communities from devastating storms that have ravaged every part of our state,” said Governor Newsom. “We will continue to deploy every tool we have to help Californians rebuild and recover from these storms.”

If approved, a Presidential Major Disaster Declaration will help people in the impacted counties through eligibility for programs and support that can include housing assistance, food aid, counseling, medical services and legal services. The request includes public assistance to help state, tribal and local governments with ongoing emergency response costs. The request also includes hazard mitigation, which helps state and local governments reduce the risks and impacts of future disasters.

At Governor Newsom’s request, President Biden previously issued a Presidential Emergency Declaration authorizing federal assistance to support storm response and recovery efforts. Earlier this year, California secured a Major Disaster Declaration in response to severe storms that began in late December.  

All-In State Response 

California has weathered more than a dozen atmospheric rivers since late December. California’s emergency response to the widespread storm impacts has involved nearly every part of the state government, and ongoing response and recovery efforts include:

• A Local Assistance Center opened in Watsonville today, where state, local and philanthropic organizations will be available to connect community members and businesses suffering disaster-related damages with supports in various languages, including languages Indigenous to Latin America.
• Supporting undocumented workers and communities ineligible for FEMA individual assistance due to immigration status, the California Department of Social Services (CDSS) is mobilizing existing funds from the state’s Rapid Response Fund to provide disaster recovery services to immigrant Californians experiencing the ongoing impacts of floods and recent weather events. These efforts also include ensuring mixed-status families are accessing federal and state resources that they may be eligible for.
• CDSS is distributing the state’s Guide to Disaster Assistance Services for Immigrant Californians (English version) (Spanish version), regardless of immigration status, within impacted communities.
• A group of senior state officials were on the ground in Monterey County last week to discuss long-term recovery resources for water system cleanup, debris removal, wrap-around services, school district supports and more.
• Staff from the Department of Toxic Substance Control has four teams on the ground removing household hazardous waste.
• The California Conservation Corps is delivering drinking water and commodities to residents who do not have potable water.
• The California Water Boards are coordinating with local water systems to inform the public about flood-related drinking water impacts, and working directly with wastewater facilities to address impacts and provide technical support.
• The Department of Water Resources continues to support flood fighting efforts in Monterey and Tulare counties. In addition to fulfilling a request for one mile of muscle wall and 10,100 super sacks to plug breaches, the state Flood Operations Center has activated additional staff to support long-term planning for flood risk throughout the snowmelt season to protect communities.  
• The Cal OES Office of Private Sector and Non-Governmental Affairs is coordinating volunteers and private philanthropic groups to expedite “muck & gut” cleanup efforts of homes and businesses in Pajaro. 
• The Cal Guard has 59 soldiers and 20 High-Water Vehicles deployed in the counties of San Joaquin, Monterey, Fresno and Stanislaus – including 8 vehicles and 18 soldiers in the Tulare Basin area, postured for immediate flood and rescue operations support. In addition, 27 Guardsmen from Task Force Rattlesnake are deployed in Tulare County.
• Cal Guard has deployed one Lakota helicopter and crew to provide aerial reconnaissance flights for Tulare County in coordination with local authorities. One Chinook helicopter and crew are deployed in standby support of heavy lift operations in Stockton.
• CAL FIRE has 26 hand crews deployed statewide. In Tulare County, CAL FIRE has five Damage Inspection Teams, an Incident Management Team, one helicopter and a mobile communications center. Two Drone Teams are operating in Pajaro. 
• Caltrans has mobilized more than 3,500 crew members statewide, working 24/7 in shifts to keep roads open and quickly respond to emergencies. 530 million cubic yards of snow have been plowed statewide so far this year.
• The Department of General Services (DGS) continues to offer 24-hour support procuring goods and services to assist in the response and recovery to the storms and flooding, including two potable water tenders to Pajaro and coordinating 2,000 meals a day delivered to feed this community.
• Through CDSS, the state continues to staff emergency shelters for displaced residents and CDSS is working with local officials to coordinate food, water and other supplies such as cots and blankets. There are currently 11 shelters open statewide.
• The Labor and Workforce Development Agency is coordinating with local partners and nonprofits to identify support that residents in affected counties may need, including distributing information on disaster assistance for immigrants, how to access interpreter services for outreach to Indigenous communities, and ongoing efforts to drive resources through community organizations that are mobilizing to provide assistance. Through the COVID-19 Workplace Outreach Project, a resource fair for farmworkers has been organized for this Wednesday in Salinas. 
• 11 fairgrounds overseen by the California Department of Food and Agriculture are open for shelter or staging needs and are currently housing 438 people, the majority at the Santa Cruz County Fairgrounds. Field staff in Tulare and Kings counties are working with dairies to help evaluate animal evacuation needs.
• AmeriCorps California Emergency Response Corps members are deployed to animal shelters in Tulare County to help provide care for animals and pets displaced by the storms.
• The Department of Water Resources is hosting a Tulare Lake Basin technical workshop for flood planners later this week to begin developing a plan to manage floodwaters.
• DGS and the Division of the State Architect have Safety Assessment Professionals on the ground inspecting schools and public buildings to ensure the buildings are safe to occupy.

# # # 

Governor Gavin Newsom
1021 O Street, Suite 9000
Sacramento, CA 95814

CSSA Office: 5325 Elkhorn Blvd., #283, Sacramento, CA 95842 | Phone: 888-277-2207

Attention CSSA Members –

The Governor has declared a State of Emergency due to the ongoing storms.  Below is the Attorney General’s News Release stating that this State of Emergency has triggered the Price Gouging statute (see highlight below).

News Release
January 5, 2023
For Immediate Release
(916) 210-6000
agpressoffice@doj.ca.gov

Attorney General Bonta Warns Against Illegal Price Gouging Amidst Winter Storms

OAKLAND – California Attorney General Rob Bonta today issued a consumer alert following the Governor’s declaration of a state of emergency amidst the ongoing winter storms set to continue this week. The heaviest precipitation is expected Thursday morning in Northern California, extending into Thursday night in Southern California. Residual flooding impacts could extend into the weekend along with additional storms lingering into next week. In today’s alert, Attorney General Bonta urges Californians to take precautions to stay safe during the coming storm and reminds them that price gouging during a state of emergency is illegal under Penal Code Section 396.

“California is currently undergoing another round of heavy rain and potential flooding,” said Attorney General Bonta. “As the state endures road closures, power outages, and other potential impacts, it's important that Californians take the necessary precautions to protect themselves and their families. It's also important that businesses not take advantage of the current demand for essential supplies. With the Governor's declaration of a state of emergency, price gouging protections are in full effect. If you believe you have been a victim of price gouging, report it to your local authorities or to my office at oag.ca.gov/report.”

California law generally prohibits charging a price that exceeds, by more than 10%, the price of an item before a state or local declaration of emergency. For any item a seller only began selling after an emergency declaration, the law generally prohibits charging a price that exceeds the seller's cost of the item by more than 50%. This law applies to those who sell food, emergency supplies, medical supplies, building materials, and gasoline. The law also applies to repair or reconstruction services, emergency cleanup services, certain transportation services, freight and storage services, hotel accommodations, and rental housing. Exceptions to this prohibition exist if, for example, the price of labor, goods, or materials has increased for the business.  

Violators of the price gouging statute are subject to criminal prosecution that can result in a one-year imprisonment in county jail and/or a fine of up to $10,000. Violators are also subject to civil enforcement actions including civil penalties of up to $2,500 per violation, injunctive relief, and mandatory restitution. The Attorney General and local district attorneys can enforce the statute. 

For additional information on price gouging, please see oag.ca.gov/consumers/pricegougingduringdisasters.

You may view the full account of this posting, including possible attachments, in the News & Alerts section of our website at: https://oag.ca.gov/news/press-releases/attorney-general-bonta-warns-against-illegal-price-gouging-amidst-winter-storms

CSSA Office: 5325 Elkhorn Blvd., #283, Sacramento, CA 95842 | Phone: 888-277-2207

info@californiaselfstorage.org
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