Legislative Update
BOMA San Diego
Legislative Update
STATE
GOVERNOR SIGNS AB 1384, UNLAWFUL DETAINER STREAMLINING
CBPA-sponsored AB 1384 (Nguyen) was signed by the Governor earlier this month after receiving unanimous support from the state senate. This important bill streamlines court procedures in unlawful detainer cases by ensuring that commercial cases move forward without unnecessary delays. BOMA San Diego and CBPA thank Assemblymember Nguyen for partnering with our industry to champion this issue. To read the bill, please click HERE.
GOVERNOR SIGNS INDUSTRY-SUPPORTED AB 1050
The Governor signed Assembly Bill 1050, which expands developers’ ability to remove private covenants that block housing as part of the redevelopment of commercial properties, including covenants in reciprocal easement agreements, so long as projects comply with state housing laws. CBPA supported AB 1050, which removes outdated barriers that keep underutilized commercial properties from being converted into housing. To read the full bill text language, click HERE.
TONI ATKINS WITHDRAWS FROM GOVERNOR RACE
Former State Senate Pro Tem., Toni Atkins, announced that she is pulling out of the 2026 gubernatorial race. Despite solid financial reporting numbers and endorsements, early polling suggests Atkins had no viable path to victory in the crowded field. This comes as U.S. Senator Alex Padilla has been rumored to be considering a run. To read Atkins’ statement, please click HERE.
CALIFORNIA CHAMBER OF COMMERCE LAUNCHES STATEWIDE CEQA REFORM INITIATIVE
The California Chamber of Commerce announced this month they are launching an effort to place a statewide initiative on the ballot to further reform the California Environmental Quality Act or CEQA. This effort follows some of the changes made by the legislature under pressure by Governor Newsom. While those changes were viewed as helpful, the Chamber and other business leaders have determined that they weren’t enough and the legislature was unlikely to take it further. According to CalChamber, the Building an Affordable California initiative would streamline the review of essential projects under the CEQA. Rather than provide piecemeal exemptions, it would establish reasonable timelines for local and state agencies to review plans and solicit public comment. Timelines would also be established for any necessary judicial review. The initiative would ensure timely decisions are made on proposed essential projects such as housing, water infrastructure, transportation, energy and facilities for health and public safety. The Chamber expects to collect enough signatures to get this measure placed on the 2026 ballot. For more information, please click HERE.
LOCAL
CITY OF SAN DIEGO RAISES WATER RATES
Last month, the San Diego City Council voted to raise water and sewer rates. The did alter the staff recommendation and rather than raising rates a total of 62% over four years, they opted to split it in half and raise rated approximately 31% over two years. The Public Utilities Department’s claimed that imported water, system maintenance, debt service requirements, and escalating costs around the City’s Pure Water program have left the city with little choice than to adopt the hike.
BOMA had concerns given the already high cost of services in San Diego, but has been supportive of the city’s efforts to create a sustainable and drought proof water source, like the Pure Water project, which is driving some of the cost increase. To view fee schedules and cost of service studies, click HERE and scroll down to Item-331.
CITY OF SAN DIEGO TO IMPLEMENT NEW STATE BUILDING CODE JANUARY 1, 2026
The City of San Diego is notifying all potential applicants that the new 2025 California Building Code becomes effective January 1, 2026. The City will apply the state code to permits completed on our after the effective date. The City’s Chief Building Official told BOMA’s legislative advocates that applications submitted before that date, as long as they are “substantially complete” will be honored as grandfathered under the current 2022 code standards. Due to the recent state budget and some bills adopted as part of that budget, future residential code updates will be paused until June 1, 2031. There will likely be updates that occur, however, addressing emergency issues, wildfire mitigation and some greenhouse gas emission reduction strategies. The City of San Diego is also proposing some supplemental energy efficiency requirements along with the 2025 code standards. To learn more, please click HERE.
COURT OF APPEAL OVERTURNS 30-FOOT HEIGHT LIMIT IN THE MIDWAY DISTRICT
The State of California’s 4th District Court of Appeal ruled that the 2022 measure to remove the Midway District’s 30-foot height limit ran afoul of CEQA. The decision states that the City of San Diego did not properly evaluate noise, air quality, and other environmental issues as part of its supplemental report. This is the second time the city has lost a lawsuit on efforts to repeal the height limit in the Midway area. Following the latest decision, the Mayor stated that “failure is not an option” and vowed to appeal the ruling to the California Supreme Court in an effort to proceed with the Sports Arena redevelopment project. Additionally, the Mayor stated that city staff have “identified multiple paths” to keep the project moving forward, one of which may include using the state density bonus law to justify the height increase. The Mayor’s comments echo what the “Midway Rising” team has said, in terms of their options to move forward, claiming state law allows projects including compliant affordable housing to move forward. To learn more, please click HERE.
CITY, COUNTY APPROVE NEW “DUE PROCESS AND SAFETY” RULES IN RESPONSE TO ICE ENFORCEMENT
In response to recent immigration enforcement actions, the San Diego City Council approved a new ordinance intended to defend against discriminatory, unauthorized, or extrajudicial actions. Among several provisions, the proposed ordinance would clarify that federal authorities may not be given voluntary access to “City Facilities” and requires SDPD to report all instances of assisting federal law enforcement. It is important to note that “City Facilities” includes City of San Diego leaseholders and would implement new noticing requirements. This month’s action triggers meet and confer with City of San Diego bargaining units before taking effect. To read the draft ordinance, click HERE and scroll down to item S400.
A day after the San Diego City Council’s vote, the County Board of Supervisors approved a similar ordinance to restrict federal immigration enforcement from accessing county facilities without a warrant. The item was passed 3-2 (Desmond, Anderson no). In a companion item, the Board of Supervisors also approved a crackdown on those pretending to be ICE agents and offered support for a federal bill that would require ICE to display identification. To learn more, click HERE and scroll down to items 17 and 18.
KIMBERLY BECKER, AIRPORT AUTHORITY CEO, ANNOUNCES RETIREMENT
Kimberly Becker announced her plan to retire from the role of San Diego County Regional Airport CEO in 2026. The announcement follows a 40-year career in aviation, including oversight of the new Terminal 1 redevelopment which recently opened to rave reviews. The Airport is expected to commence a global search for her successor in the coming weeks. She is expected to stay on and transition through early next year. To learn more, click HERE.
SAN DIEGO CFO LEAVES FOR PORT OF SAN DIEGO CAO ROLE
The City of San Diego’s Chief Financial Officer, Matt Vespi, has departed to assume the role of Chief Administrative Officer for the Port of San Diego. Rolando Charvel, the City of San Diego’s former Comptroller, was selected to succeed Vespi. Charvel previously served in the CFO role from 2017 to 2020 before being replaced by Vespi. To learn more click HERE and HERE.
STATE APPELLATE COURT UPHOLDS TAX MEASURE TO EXPAND CONVENTION CENTER
A state appellate court, this month, upheld Measure C, the 2020 voter-approved transient occupancy tax increase intended to fund the Convention Center expansion and allocate revenue to infrastructure repair and homelessness. The decision validates the City of San Diego’s position that the measure required only a simple majority instead of a two-thirds vote, the latter of which the measure failed to reach. Opponents have not decided whether to appeal the decision to the California Supreme Court. In May, the City of San Diego began collecting the increased TOT; however, plans to expand the Convention Center must now be adapted given the increased cost of construction since the 2020 measure went before voters. Recent reports, including discussions by the Convention Center Corporation Board of Directors indicate that the near-term projects will be to repair and update the current center facilities, which are in desperate need of improvements. The Board will continue to work on plans for the future based upon costs and expected proceeds from the increased tax revenue.
ELECTIONS
COUNTY TREASURER AND TAX COLLECTOR FIELD TAKES SHAPE AS SUPERVISOR JOEL ANDERSON MULLS ENTRY
Following longtime County Treasurer and Tax Collector Dan McAllister’s retirement, candidates have announced to fill the vacancy. To date, candidates include Treasurer’s Office staffer Detra Wiliams, Carlsbad Treasurer Christian Peacox, Chief of Staff to Rep. Juan Vargas Larry Cohen, and defense attorney David Baker. A new name that has popped up in the rumor mill includes current District 2 Supervisor Joel Anderson. A Community forum will be held October 30th before a board vote on November 4th. Should Anderson officially pursue the seat and be successful, a special election will likely be held to fill the board vacancy. To learn more, please click HERE.
POWAY COUNCILMEMBER FACES RECALL EFFORT
Poway voters will be asked whether to support a recall of Councilmember Tony Blain in November on the special election. Blain, who has been censured by the Poway City Council, faces a recall effort led by former city officials and local stakeholders. The move comes after accounts of harassment, bullying, and an alleged misuse of public records by Blain. More than 25% of registered voters in District 2 signed the recall petition to place it on the ballot. To learn more, click HERE.
NAKAWATASE SWORN IN TO IMPERIAL BEACH CITY COUNCIL
Mariko Nakawatase was sworn in as the newest Imperial Beach city council member, this month, filling the vacant seat previously held by now-Mayor, Mitch McKay. Nakawatase, a Republican, currently serves as an aide to Supervisor Joel Anderson and now gives the IB city council a composition made up of two Republicans, two Independents, and one Democrat. You can read her bio, HERE.
Legislative Update
STATE
GOVERNOR SIGNS AB 1384, UNLAWFUL DETAINER STREAMLINING
CBPA-sponsored AB 1384 (Nguyen) was signed by the Governor earlier this month after receiving unanimous support from the state senate. This important bill streamlines court procedures in unlawful detainer cases by ensuring that commercial cases move forward without unnecessary delays. BOMA San Diego and CBPA thank Assemblymember Nguyen for partnering with our industry to champion this issue. To read the bill, please click HERE.
GOVERNOR SIGNS INDUSTRY-SUPPORTED AB 1050
The Governor signed Assembly Bill 1050, which expands developers’ ability to remove private covenants that block housing as part of the redevelopment of commercial properties, including covenants in reciprocal easement agreements, so long as projects comply with state housing laws. CBPA supported AB 1050, which removes outdated barriers that keep underutilized commercial properties from being converted into housing. To read the full bill text language, click HERE.
TONI ATKINS WITHDRAWS FROM GOVERNOR RACE
Former State Senate Pro Tem., Toni Atkins, announced that she is pulling out of the 2026 gubernatorial race. Despite solid financial reporting numbers and endorsements, early polling suggests Atkins had no viable path to victory in the crowded field. This comes as U.S. Senator Alex Padilla has been rumored to be considering a run. To read Atkins’ statement, please click HERE.
CALIFORNIA CHAMBER OF COMMERCE LAUNCHES STATEWIDE CEQA REFORM INITIATIVE
The California Chamber of Commerce announced this month they are launching an effort to place a statewide initiative on the ballot to further reform the California Environmental Quality Act or CEQA. This effort follows some of the changes made by the legislature under pressure by Governor Newsom. While those changes were viewed as helpful, the Chamber and other business leaders have determined that they weren’t enough and the legislature was unlikely to take it further. According to CalChamber, the Building an Affordable California initiative would streamline the review of essential projects under the CEQA. Rather than provide piecemeal exemptions, it would establish reasonable timelines for local and state agencies to review plans and solicit public comment. Timelines would also be established for any necessary judicial review. The initiative would ensure timely decisions are made on proposed essential projects such as housing, water infrastructure, transportation, energy and facilities for health and public safety. The Chamber expects to collect enough signatures to get this measure placed on the 2026 ballot. For more information, please click HERE.
LOCAL
CITY OF SAN DIEGO RAISES WATER RATES
Last month, the San Diego City Council voted to raise water and sewer rates. The did alter the staff recommendation and rather than raising rates a total of 62% over four years, they opted to split it in half and raise rated approximately 31% over two years. The Public Utilities Department’s claimed that imported water, system maintenance, debt service requirements, and escalating costs around the City’s Pure Water program have left the city with little choice than to adopt the hike.
BOMA had concerns given the already high cost of services in San Diego, but has been supportive of the city’s efforts to create a sustainable and drought proof water source, like the Pure Water project, which is driving some of the cost increase. To view fee schedules and cost of service studies, click HERE and scroll down to Item-331.
CITY OF SAN DIEGO TO IMPLEMENT NEW STATE BUILDING CODE JANUARY 1, 2026
The City of San Diego is notifying all potential applicants that the new 2025 California Building Code becomes effective January 1, 2026. The City will apply the state code to permits completed on our after the effective date. The City’s Chief Building Official told BOMA’s legislative advocates that applications submitted before that date, as long as they are “substantially complete” will be honored as grandfathered under the current 2022 code standards. Due to the recent state budget and some bills adopted as part of that budget, future residential code updates will be paused until June 1, 2031. There will likely be updates that occur, however, addressing emergency issues, wildfire mitigation and some greenhouse gas emission reduction strategies. The City of San Diego is also proposing some supplemental energy efficiency requirements along with the 2025 code standards. To learn more, please click HERE.
COURT OF APPEAL OVERTURNS 30-FOOT HEIGHT LIMIT IN THE MIDWAY DISTRICT
The State of California’s 4th District Court of Appeal ruled that the 2022 measure to remove the Midway District’s 30-foot height limit ran afoul of CEQA. The decision states that the City of San Diego did not properly evaluate noise, air quality, and other environmental issues as part of its supplemental report. This is the second time the city has lost a lawsuit on efforts to repeal the height limit in the Midway area. Following the latest decision, the Mayor stated that “failure is not an option” and vowed to appeal the ruling to the California Supreme Court in an effort to proceed with the Sports Arena redevelopment project. Additionally, the Mayor stated that city staff have “identified multiple paths” to keep the project moving forward, one of which may include using the state density bonus law to justify the height increase. The Mayor’s comments echo what the “Midway Rising” team has said, in terms of their options to move forward, claiming state law allows projects including compliant affordable housing to move forward. To learn more, please click HERE.
CITY, COUNTY APPROVE NEW “DUE PROCESS AND SAFETY” RULES IN RESPONSE TO ICE ENFORCEMENT
In response to recent immigration enforcement actions, the San Diego City Council approved a new ordinance intended to defend against discriminatory, unauthorized, or extrajudicial actions. Among several provisions, the proposed ordinance would clarify that federal authorities may not be given voluntary access to “City Facilities” and requires SDPD to report all instances of assisting federal law enforcement. It is important to note that “City Facilities” includes City of San Diego leaseholders and would implement new noticing requirements. This month’s action triggers meet and confer with City of San Diego bargaining units before taking effect. To read the draft ordinance, click HERE and scroll down to item S400.
A day after the San Diego City Council’s vote, the County Board of Supervisors approved a similar ordinance to restrict federal immigration enforcement from accessing county facilities without a warrant. The item was passed 3-2 (Desmond, Anderson no). In a companion item, the Board of Supervisors also approved a crackdown on those pretending to be ICE agents and offered support for a federal bill that would require ICE to display identification. To learn more, click HERE and scroll down to items 17 and 18.
KIMBERLY BECKER, AIRPORT AUTHORITY CEO, ANNOUNCES RETIREMENT
Kimberly Becker announced her plan to retire from the role of San Diego County Regional Airport CEO in 2026. The announcement follows a 40-year career in aviation, including oversight of the new Terminal 1 redevelopment which recently opened to rave reviews. The Airport is expected to commence a global search for her successor in the coming weeks. She is expected to stay on and transition through early next year. To learn more, click HERE.
SAN DIEGO CFO LEAVES FOR PORT OF SAN DIEGO CAO ROLE
The City of San Diego’s Chief Financial Officer, Matt Vespi, has departed to assume the role of Chief Administrative Officer for the Port of San Diego. Rolando Charvel, the City of San Diego’s former Comptroller, was selected to succeed Vespi. Charvel previously served in the CFO role from 2017 to 2020 before being replaced by Vespi. To learn more click HERE and HERE.
STATE APPELLATE COURT UPHOLDS TAX MEASURE TO EXPAND CONVENTION CENTER
A state appellate court, this month, upheld Measure C, the 2020 voter-approved transient occupancy tax increase intended to fund the Convention Center expansion and allocate revenue to infrastructure repair and homelessness. The decision validates the City of San Diego’s position that the measure required only a simple majority instead of a two-thirds vote, the latter of which the measure failed to reach. Opponents have not decided whether to appeal the decision to the California Supreme Court. In May, the City of San Diego began collecting the increased TOT; however, plans to expand the Convention Center must now be adapted given the increased cost of construction since the 2020 measure went before voters. Recent reports, including discussions by the Convention Center Corporation Board of Directors indicate that the near-term projects will be to repair and update the current center facilities, which are in desperate need of improvements. The Board will continue to work on plans for the future based upon costs and expected proceeds from the increased tax revenue.
ELECTIONS
COUNTY TREASURER AND TAX COLLECTOR FIELD TAKES SHAPE AS SUPERVISOR JOEL ANDERSON MULLS ENTRY
Following longtime County Treasurer and Tax Collector Dan McAllister’s retirement, candidates have announced to fill the vacancy. To date, candidates include Treasurer’s Office staffer Detra Wiliams, Carlsbad Treasurer Christian Peacox, Chief of Staff to Rep. Juan Vargas Larry Cohen, and defense attorney David Baker. A new name that has popped up in the rumor mill includes current District 2 Supervisor Joel Anderson. A Community forum will be held October 30th before a board vote on November 4th. Should Anderson officially pursue the seat and be successful, a special election will likely be held to fill the board vacancy. To learn more, please click HERE.
POWAY COUNCILMEMBER FACES RECALL EFFORT
Poway voters will be asked whether to support a recall of Councilmember Tony Blain in November on the special election. Blain, who has been censured by the Poway City Council, faces a recall effort led by former city officials and local stakeholders. The move comes after accounts of harassment, bullying, and an alleged misuse of public records by Blain. More than 25% of registered voters in District 2 signed the recall petition to place it on the ballot. To learn more, click HERE.
NAKAWATASE SWORN IN TO IMPERIAL BEACH CITY COUNCIL
Mariko Nakawatase was sworn in as the newest Imperial Beach city council member, this month, filling the vacant seat previously held by now-Mayor, Mitch McKay. Nakawatase, a Republican, currently serves as an aide to Supervisor Joel Anderson and now gives the IB city council a composition made up of two Republicans, two Independents, and one Democrat. You can read her bio, HERE.