Friday, August 29, 2014

An Urgent Call to Action: BOMA California Needs Your Assistance to Defeat AB 2416





UPDATE - August 29, 2014

Our BOMA California partners have been working diligently the last few days to defeat this bill and you can still help. Indeed, your help is essential to stopping this measure from passing. If you would reach out to your local elected officials in the California State Legislature and those listed below, it would be appreciated.

Recent amendments to AB 2416 have not been shared with the business community and do not address BOMA's main issue with the bill: the measure would continue to provide for pre-judgment liens, meaning that liens can still be erroneously recorded on properties belonging to homeowners or non-culpable third-parties. Erroneous or fraudulent liens can impact credit reports and property transactions.

This request is time critical. Ask them to VOTE NO on AB 2416.

California State Senators to call after you reach out to your local elected Senator:

Jim Beall - (916) 651-4015
Marty Block - (916) 651-4039
Kathleen Galgiani - (916) 651-4005
Ted Lieu - (916) 651-4028
Carol Liu - (916) 651-4025
Alex Padilla - (916) 651-4020
Fran Pavley - (916) 651-4027
Richard Roth - (916) 651-4031
Norma Torres - (916) 651-4032
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UPDATE - August 25, 2014

BOMA San Francisco Members:

If you've had a moment to contact your local legislators to voice opposition to AB 2416, thank you.  Your efforts have been effective, i.e., slowing the progress of the measure in Sacramento and forcing it to be amended two times since our last communication.  Even with your earnest feedback to your California State Legislators, the amendments do not address the concerns as detailed in our July 29, 2014 post, below.

As such, please reach out again to your local elected officials in the California State Legislature to let them know that the recent changes to the bill do not go far enough.

AMENDMENTS:  The bill was amended recently to remove property services from the third party liability section.  However, this amendment is immaterial as (1) Section 3010 (a)(2) of the bill covers any services performed by an employee for the property owner.  While the last sentence of this section states that it does not apply to services performed for a household or residence, it will cover property services performed on a commercial or industrial building.  Additionally, as with the other third party carve outs there is no way the county recorder’s office is going to be able to make the determination  as to whether the services performed were for a household or residence when the employee files the notice.

To reiterate, this bill still allows innocent property owners to get dragged into wage disputes they have nothing to do with.
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Original Post - July 29, 2014

There are currently two bills in the California State Legislature that could pull your business into disputes that do not have any association with the commercial real estate industry.  BOMA California, of which BOMA San Francisco is a member, is asking that BOMA members focus on the first of two bills, below, AB 2416,  and contact California State Legislators from your area to help deter the measure's passage.

BOMA California is also providing information on a related bill, AB 1897, also below, as a corollary; it may come up in your conversations with legislators' office staff members. 


AB 2416 (Stone; D-Scotts Valley) Unproven Wage Liens. This bill creates a precarious and unbalanced precedent in the wage and hour debate by allowing employees to file liens on an employer’s real or personal property, or property where work was performed, based upon alleged yet unproven wage claims.

AB 1897 (Hernandez; D-West Covina) Labor Contracting; Client Liability. This measure would oblige one company to essentially insure the wage and hour obligations, workers’ compensation coverage, and occupational health and safety duties of a separate employer’s employees, which will discourage the use of contractors and their employees.

Both bills will be considered when the California State Legislature returns from their recess on August 4th.  First in the California State Senate and, if both bills pass, then in the California State Assembly for concurrence.

BOMA California opposes both bills and is strongly urging all BOMA members statewide to get engaged locally on these measures.

To help you communicate with legislators, please find the following:
The first priority is to contact your State Senators and ask that they oppose AB 2416 on the Senate Floor. The second priority is to contact your State Assemblymembers and ask that they oppose AB 2416 if it moves back over to the State Assembly for concurrence.

BOMA SF-PAC Slate Card for the November 4, 2014 General Election



BOMA San Francisco's Political Action Committee's Slate Card
November 4, 2014 General Election

Candidates Endorsed

David Chiu for California State Assembly (San Francisco)
Marc Levine for re-election to the California State Assembly (Marin/Sonoma)
Kevin Mullin for re-election to the California State Assembly (San Mateo)

A - San Francisco Transportation and Road Improvement Bond - SUPPORT
B - Adjusting Transportation Funding for Population Growth – Neutral
C - Children’s Fund; Public Education Enrichment Fund Reauthorization – No Position
D - Retiree Health Benefits for Former Redevelopment Agency and Successor Agency Employees – No Position
E - Tax on Sugar-Sweetened Beverages – No Position
F- Pier 70 Development Project at Bayview/Hunter’s Point – Neutral
G - Additional Transfer Tax on Residential Property Sold Within 5 Years of Purchase - OPPOSE
H - Requiring Certain Golden Gate Park Athletic Fields To Be Kept As Grass With No Artificial Lighting – No Position
I - Renovation of Playgrounds, Walking Trails, and Athletic Fields – No Position
J - Increase San Francisco’s Minimum Wage to $15/hour by 2018 – Neutral
K - Mayor Lee/Board of Supervisors Affordable Housing Policy Statement – SUPPORT
L - Balanced Transportation Policy Statement - SUPPORT

BOMA San Francisco Members Meet with City and County of San Francisco's Real Estate Division Director, John Updike




BOMA San Francisco Members:

Recently, the members of the Government Affairs Policy Advisory Committee (GAPAC) welcomed the City and County of San Francisco's Real Estate Division Director, John Updike.  

Please click here to review his presentation to the group.
The Real Estate Division is responsible for the acquisition of all real property required for City purposes, the sale of surplus real property owned by the City, and the leasing of property required by various City departments.  Operations at the Alemany Farmers' and Flea Markets (100 Alemany), and UN Gift Gallery (UN Plaza) are managed by the Division.

The Real Estate Division also provides custodial and engineering services for various City departments as well as full service property management services to the following City owned buildings: City Hall, 1 South Van Ness Avenue, 25 Van Ness Avenue, 30 Van Ness Avenue, 1640 - 1680 Mission Street, the Hall of Justice (850 Bryant Street) and 555 7th Street.

Additionally, the Division completes market value appraisals or analysis of real property considered for City sale, development or acquisition, and acts as a real estate consultant to Departments, the Mayor, and the Board of Supervisors.


San Francisco Department of Building Inspection - Document Disabled Access for Tenant Improvments



BOMA San Francisco Members:

Mark Walls, Senior Building Inspector at the San Francisco Department of Building Inspection (DBI), advises all BOMA members who are pulling tenant improvement permits to make sure the tenant is complying with Administrative Bulletin 056 dealing with Documenting Disabled Access. Click here to review it.

Having the Disabled Access Compliance Status Documentation path of travel certificate, as issued by DBI, greatly facilitates the plan check process - especially for those over-the-counter projects. Inspector Walls further advises that having the certificate will not only save the applicant time and money (either new or existing tenant or their design professional) in reproducing or obtaining Path-of-Travel drawings from either the building manager or the base building architect, but it can eliminate the potential for contractual issues that arise when tenants are required to spent additional monies on accessibility upgrades outside of their leasable space. Having an AB-056 certificate on file and active with DBI will benefit property owners and their representatives in the ongoing process of leasing and improving their commercial real estate in San Francisco.

If you have additional questions, feel free to contact Mark Walls at (415) 575-6918.

Tuesday, August 26, 2014

A Message from San Francisco Mayor Ed Lee



BOMA San Francisco Members:

Many in the San Francisco Bay Area were awakened early Sunday morning by the largest earthquake in the region since the Loma Prieta earthquake nearly 25 years ago. While thankfully, San Francisco suffered no damage, this is a good opportunity to remind ourselves that we need to be prepared before the next earthquake or emergency. Being prepared today will make our City’s recovery all the more efficient and effective, allowing us all to get back to business as usual, faster.

Let’s use this as an opportunity to educate ourselves, our friends and family, and our employees and coworkers about earthquake preparedness and why it is critical to making sure that San Francisco is a resilient City. Please visit www.sf72.org to learn how to get prepared for the next earthquake and how to connect with your community. 

I also encourage everyone who lives or works in San Francisco to take the San Francisco Fire Department’s free Neighborhood Emergency Response Team (NERT) training, and register for the City’s e-mail and text-based notification system www.AlertSF.org.

It is often said that real emergencies look more like people coming together rather than cities falling apart. That is why it is important to take steps now so we are all ready for the next emergency. Let’s not wait until the next disaster; let’s be prepared today. Thank you.

Sincerely,



Edwin M. Lee
Mayor

Free Commercial Building Energy Re-Tuning Webinar - September 2


BOMA San Francisco Members:

Property professionals are invited to attend a free webinar about building re-tuning on Tuesday, September 2, at 3:00 pm Eastern. Building re-tuning is a low-cost process to identify and correct building operational problems that lead to energy waste. To expand the practice of re-tuning, the U.S. Department of Energy (DOE) and the Pacific Northwest National Laboratory developed a curriculum focused on re-tuning both large commercial buildings (those with a building automation system, or BAS) and small commercial properties (those without a BAS).

Hear from representatives of Parmenter Realty Partners and Towson University, participants of the DOE’s Better Buildings Challenge who have employed re-tuning training to improve building performance, and learn about opportunities to take the training through a new collaboration between BOMA and the Consortium for Building Energy Innovation.

Register for this webinar online. Please contact Scott Morris, BOMA International’s Director of State & Local Affairs, with any questions at smorris@boma.org.

Monday, August 25, 2014

UPDATE! A Call to Action: BOMA California Needs Your Assistance to Defeat AB 2416 - Unproven Wage Liens




UPDATE - August 25, 2014

BOMA San Francisco Members:

If you've had a moment to contact your local legislators to voice opposition to AB 2416, thank you.  Your efforts have been effective, i.e., slowing the progress of the measure in Sacramento and forcing it to be amended two times since our last communication.  Even with your earnest feedback to your California State Legislators, the amendments do not address the concerns as detailed in our July 29, 2014 post, below.

As such, please reach out again to your local elected officials in the California State Legislature to let them know that the recent changes to the bill do not go far enough.

AMENDMENTS:  The bill was amended recently to remove property services from the third party liability section.  However, this amendment is immaterial as (1) Section 3010 (a)(2) of the bill covers any services performed by an employee for the property owner.  While the last sentence of this section states that it does not apply to services performed for a household or residence, it will cover property services performed on a commercial or industrial building.  Additionally, as with the other third party carve outs there is no way the county recorder’s office is going to be able to make the determination  as to whether the services performed were for a household or residence when the employee files the notice.

To reiterate, this bill still allows innocent property owners to get dragged into wage disputes they have nothing to do with.
---------------------

Original Post - July 29, 2014

There are currently two bills in the California State Legislature that could pull your business into disputes that do not have any association with the commercial real estate industry.  BOMA California, of which BOMA San Francisco is a member, is asking that BOMA members focus on the first of two bills, below, AB 2416,  and contact California State Legislators from your area to help deter the measure's passage.

BOMA California is also providing information on a related bill, AB 1897, also below, as a corollary; it may come up in your conversations with legislators' office staff members. 



AB 2416 (Stone; D-Scotts Valley) Unproven Wage Liens. This bill creates a precarious and unbalanced precedent in the wage and hour debate by allowing employees to file liens on an employer’s real or personal property, or property where work was performed, based upon alleged yet unproven wage claims.

AB 1897 (Hernandez; D-West Covina) Labor Contracting; Client Liability. This measure would oblige one company to essentially insure the wage and hour obligations, workers’ compensation coverage, and occupational health and safety duties of a separate employer’s employees, which will discourage the use of contractors and their employees.

Both bills will be considered when the California State Legislature returns from their recess on August 4th.  First in the California State Senate and, if both bills pass, then in the California State Assembly for concurrence.

BOMA California opposes both bills and is strongly urging all BOMA members statewide to get engaged locally on these measures.

To help you communicate with legislators, please find the following:
The first priority is to contact your State Senators and ask that they oppose AB 2416 on the Senate Floor. The second priority is to contact your State Assemblymembers and ask that they oppose AB 2416 if it moves back over to the State Assembly for concurrence.

Friday, August 22, 2014

A Call to Action! BOMA International Advocacy Update - TRIA Alert & EPA Proposed Water Rule Affecting Commercial Real Estate




TRIA ALERT: Your Help Needed to Break House Impasse

The December 31 expiration date for the federal terrorism risk insurance program is fast approaching and the legislative calendar is quickly winding down. However, the U.S. House of Representatives remains at an impasse on how to proceed forward on legislation to renew the Terrorism Risk Insurance Act (TRIA). This program was first enacted following 9/11 and has been instrumental in ensuring that terrorism insurance coverage is available at reasonable rates and terms.

In order to ensure that action is taken in Congress to reauthorize this critical program before it expires at the end of the year, the commercial real estate industry must keep the pressure on Representatives during their August recess. To that end, BOMA International has posted in the Legislative Action Center sample language for a letter to send to your Congressperson. Please take a few moments to write to your Representative and urge immediate action.

BOMA Submits Comments to EPA

Recently, BOMA International joined with other real estate organizations to submit comments to the U.S. Environmental Protection Agency (EPA) regarding a proposed ruling that would set a new precedent for water regulations and could negatively affect commercial real estate. EPA’s proposed water rule would blur the definition of “Waters of the United States” as defined and regulated by the Clean Water Act. This ruling would impact municipal separate storm sewer systems (MS4s) and stormwater runoff regulations. The coalition’s comments urge EPA to reiterate that “Waters of the United States” do not include MS4s or its components. BOMA will begin lobbying Capitol Hill offices to gain further support for the coalition’s request in the hopes that EPA can clarify or amend the proposed ruling before it is finalized.

BOMA California Advocacy Update - Water Bond Passes & Cal OSHA Skylight Fall Protection Rules



California Water Bond Passes - BOMA California Supports

Recently, the Governor signed a measure to replace the current water bond that is on the ballot, with a $7.5 billion bond. BOMA California supports this new measure and appreciates all stakeholders for coming together to make this happen.  Click here to read an op ed about the bond to learn more about the details and strategy that went into the measure. 

California needs more water infrastructure and this measure is a great first step.

Cal/OSHA and Skylight Fall-Protection Rules

In response to a petition filed by the solar industry, the California Occupational Safety & Health Standards Board (Cal/OSHA) has convened a formal advisory committee to consider if changes are warranted to California’s existing fall-protection safety standards for work around roof-top skylights.

Specifically, the solar industry is asserting that the existing safety standards are out of date and should be amended to account for the temporary nature of solar-installation work and the significant advancements in skylight construction technology. There appears to be evidence supporting a change, however, our industry will be supporting a focused fix to this issue as opposed to a complete rewrite of the entire set of fall-protection standards for work being performed near a skylight.

The California Business Properties Association and California Building Industry Association have representatives on this Advisory Committee representing the commercial and residential real estate industries.  
Please email mhargrove@cbpa.com you want more information or want to get more involved.

Apture