CSSA in conjunction with SSA and lobbying firm follow and number of pieces of legislation that make their way through the California
Self Storage Association Bill List
Self Storage Association/ California Self Storage Association
2020 Legislative Session
Overall, the Self Storage Association (SSA) and the California Self Storage Association (CSSA) had a successful year in the California State Legislature. Here is a brief overview of some of the bills that SSA and CSSA worked on in 2020:
Sunset Extension Bill
AB 3364 (Committee on Judiciary) – This bill extends the sunset date on the provisions allowing a self storage owner to send the initial notice and/or sale notice to an occupant via email and to proceed with the lien sale under the existing statutory methods of demonstrating actual delivery and receipt of the emailed notices, to January 1, 2023. Additionally, the bill adds a new method by which an owner can demonstrate actual receipt of an initial and/or sale notice by the occupant. Under this new method, the owner can demonstrate that the occupant received a notice where the occupant acknowledges receipt of the document by sending a reply email to the owner’s email communication, and there is evidence demonstrating the delivery path of the reply email. This addition will also sunset on January 1, 2023. The initial bill that was introduced to address this issue was AB 325 (Ramos). Ultimately, the language in AB 325 was amended into the Senate Judiciary Committee omnibus bill, AB 3364, to help to reduce the number of bills moving in a shortened legislative session due to the COVID-19 pandemic. The bill garnered legislative approval and was signed by the Governor on August 31st. Without this legislation, the electronic notification provisions for the self storage industry would have sunset on January 1, 2021.
Moving forward, SSA and CSSA will continue to fight for the removal of the sunset as well as additional flexibility around electronic notification.
Price Gouging Bill
SB 1196 (Umberg) – The bill addresses price gouging laws and specifically amends Section 396 of the Penal Code. The SSA and CSSA worked with Public Storage and Senator Umberg to secure helpful amendments to SB 1196. The self storage industry has been concerned about the interplay between the state’s price gouging law, Penal Code 396, and the rapidly changing nature of states of emergency from mostly short-term disruptions to multi-year recovery efforts. In particular, during an extended state of emergency, discounted introductory rates may be inadvertently locked in for many months or years. To mitigate the unintended consequences of long-term declared states of emergency, the author amended SB 1196 as follows:
The amendments SSA and CSSA helped secure represent a small step in allowing self storage owners and operators to sustain their businesses. The bill is pending on the Governor’s desk.
Opportunity Zone Bill
AB 25 (Caballero and Glazer) –The bill would have established expedited administrative and judicial review procedures under the California Environmental Quality Act (CEQA) for “qualified projects” located in six specified counties. However, the bill specifically excluded self-storage properties. SSA and CSSA had concerns with the legislation and the bill ultimately stalled.
Workers’ Compensation Legislation
SB 1159 (Hill/Daly) – The bill creates a rebuttable presumption that illness or death related to COVID-19 is an occupational injury and therefore eligible for workers’ compensation benefits. While there are concerns with SB 1159, CSSA worked with a broad coalition of employers and insurers to stop two other workers’ compensation measures sponsored by labor unions, AB 196 (Gonzalez) and AB 664 (Cooper), which would have been more burdensome. SB 1159 is pending before the Governor.
CCPA Employee Exemption Bill
AB 1281 (Chau) – The bill extends, contingent on the voters not approving Proposition 24 on the November 3rd ballot, the sunset dates by one year on two exemptions in the California Consumer Privacy Act (CCPA) for certain personal information (PI) collected by employers and collected in connection with business transactions and communications. The passage of this measure was important to the broader business community. The bill is pending on the Governor’s desk.
Small Business COVID-19 Relief Bill
AB 1035 (Ramos) – The bill would have provided small businesses and nonprofit organizations with 25 or fewer employees protection from COVID-19 related lawsuits resulting from operations during the pandemic. CSSA supported the bill, along with other employer groups, but unfortunately, the bill failed passage.
(Ramos D) Self-service storage facilities. DEAD
Current Text: Amended: 1/21/2020 html pdf
Last Amend: 1/21/2020
Status: 8/18/2020-Failed Deadline pursuant to Rule 61(b)(14). (Last location was S. JUD. on 6/23/2020)
Location: 8/18/2020-S. DEAD
Summary: The California Self-Service Storage Facility Act specifies remedies and procedures for self-service storage facility owners when occupants are delinquent in paying rent or other charges. Under current law, if rent or other charges due from an occupant remain unpaid for 14 consecutive days, an owner may terminate the right of the occupant to the use of the storage space at a self-service storage facility by sending a preliminary lien notice by certified mail to the occupant’s last known address, as defined to mean the address provided by the occupant, as specified. Current law, until January 1, 2021, authorizes the notice to be sent by electronic mail subject to specified conditions. This bill would remove the January 1, 2021, date, thus authorizing the sending of the notice by electronic mail indefinitely.
(Chu D) COVID-19 Local Government and School Recovery and Relief Act.
Current Text: Amended: 6/17/2020 html pdf
Last Amend: 6/17/2020
Status:7/1/2020-Re-referred to Com. on GOV. & F.
Location: 7/1/2020-S. GOV. & F.
Summary: Current law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. Current law establishes the California Department of Tax and Fee Administration in the Government Operations Agency to administer various statutory taxes and fees, as provided. Current law provides that the Controller shall superintend the fiscal concerns of the state. This bill would, on and after January 1, 2021, but before January 1, 2026, impose a tax on a large business, defined as a for-profit, private entity that has more than 500 employees that perform any part of their duties within the state, at the rate of $275 per employee. The bill would require the California Department of Tax and Fee Administration to administer the tax and collect the tax pursuant to the Fee Collection Procedures Law.
Current Text: Enrollment: 8/31/2020 html pdf
Last Amend: 8/25/2020
Status: 8/31/2020-From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 2.) (August 31). Assembly Rule 63 suspended. Senate amendments concurred in. To Engrossing and Enrolling.
Location: 8/31/2020-A. ENROLLMENT
Summary: Would require a public or private employer to provide specified notifications to its employees, the Division of Occupational Safety and Health, and the State Department of Public Health, relating to the exposure of its employees to COVID-19 that the employer knew of or should have reasonably have known of, as specified. The bill would define “exposure to COVID-19.” The bill would make it a misdemeanor if an employer violates the notification requirements of these provisions. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The bill would require the Division of Occupational Safety and Health and the State Department of Public Health to make the information publicly available on their internet websites, as specified.
(Ting D) Temporary moratorium on foreclosures and unlawful detainer actions: coronavirus (COVID-19).
Current Text: Amended: 7/28/2020 html pdf
Last Amend: 7/28/2020
Status:7/28/2020-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
Location: 7/1/2020-Re-referred to Com. on JUD.
Summary: Would prohibit a person from taking any action to foreclose on a residential real property while a state or locally declared state of emergency related to the COVID-19 virus is in effect and until 15 days after the state of emergency has ended, including, but not limited to, causing or conducting the sale of the real property or causing recordation of a notice of default.
Current Text: Amended: 6/25/2020 html pdf
Last Amend: 6/25/2020
Status: 6/25/2020-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. (Amended 6/25/2020)
Location: 6/25/2020-S. JUD.
Summary: Would exempt a small business with 25 or fewer employees from liability for an injury or illness to a person due to coronavirus (COVID-19) based on a claim that the person contracted COVID-19 while at that small business, or due to the actions of that small business. The bill would require the small business, for this exemption to apply, to have implemented and abided by all applicable state and local health laws, regulations, and protocols. The bill would not permit this exemption to apply if the injury or illness resulted from a grossly negligent act or omission, willful or wanton misconduct, or unlawful discrimination by the business or an employee of the business.
Status: 8/20/2020-Read second time. Ordered to Consent Calendar.
Location: 8/19/2020-S. CONSENT CALENDAR
Summary: The California Consumer Privacy Act of 2018, until January 1, 2021, exempts from its provisions certain information collected by a business about a natural person in the course of the natural person acting as a job applicant, employee, owner, director, officer, medical staff member, or contractor, as specified. The act also, until January 1, 2021, exempts from specified provisions personal information reflecting a written or verbal communication or a transaction between the business and the consumer, if the consumer is a natural person who is acting as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, nonprofit, or government agency and whose communications or transaction with the business occur solely within the context of the business conducting due diligence regarding, or providing or receiving a product or service to or from that company, partnership, sole proprietorship, nonprofit, or government agency. This bill would extend both exemptions until January 1, 2022.
Current Text: Amended: 8/14/2020 html pdf
Last Amend: 8/14/2020
Status: 8/20/2020-From committee: Do pass and re-refer to Com. on RLS. (Ayes 5. Noes 2.) (August 20). Re-referred to Com. on RLS.
Location: 8/20/2020-S. RLS.
Summary: Would prohibit a landlord from applying a security deposit or monthly rental payment for the satisfaction of an obligation other than the prospective month’s rent if the obligation accrued between the date a state of emergency relating to the COVID-19 pandemic was declared and either April 1, 2021, or 90 days after termination of the state of emergency, whichever is earlier (hereafter “effective time period”), unless the payment or security is specifically designated by the tenant for the obligation. The bill would provide that a covered tenant, as defined, who failed to pay rent that accrued during that effective time period shall not be deemed to be in default and would prohibit any action for recovery of unpaid rent until 12 months after the effective time period.
Current Text: Amended: 6/29/2020 html pdf
Last Amend: 6/29/2020
Status: 7/2/2020-Re-referred to Com. on INS.
Location: 7/2/2020-S. INS.
Summary: Would, with respect to a policy of commercial insurance that provides coverage for business interruption, create specified rebuttable presumptions affecting the burden of proof in a case in which the insured alleges that the business interruption was due to the COVID-19 pandemic and occurred during the period of the state of emergency declared by the Governor due to the COVID-19 pandemic. Specifically, the bill would create certain rebuttable presumptions that COVID-19 was present on specified property and caused physical damage to that property which was the direct cause of the business interruption.
(Rodriguez D) Price gouging: public safety power shutoffs. DEAD
Current Text: Amended: 3/12/2020 html pdf
Last Amend: 3/12/2020
Status: 6/5/2020-Failed Deadline pursuant to Rule 61(b)(8). (Last location was A. APPR. on 3/12/2020)
Location: 6/5/2020-A. DEAD
Summary: Under current law, upon the proclamation of a state of emergency, as defined, by the President of the United States or the Governor, or upon the declaration of a local emergency, as defined, by the executive officer of any county, city, or city and county, and for 30 days following the proclamation or declaration of emergency, it is a misdemeanor with specified penalties for a person, contractor, business, or other entity to sell or offer to sell certain goods and services for a price that exceeds by 10% the price charged by that person immediately prior to the proclamation or declaration of emergency, except as specified. This bill would specify that, for a proclamation or declaration of emergency made because of a public safety power shutoff or because of an announcement that a public safety power shutoff will occur, the restrictions on increased pricing apply, only as specified, for a period lasting until 72 hours after the restoration of power.
California Self Storage Association5325 Elkhorn Blvd., #283 Sacramento, CA 95842P: 888-CSSA-207 or 888-277-2207F: 949-861-9425
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