Thursday, April 25, 2013

Recology Submits Zero Waste Rate Application to the City and County of San Francisco

Recology, San Francisco’s recycling company, has submitted an application to the City that seeks to modify the rate structure in support of the San Francisco's efforts to achieve Zero Waste by 2020 – a goal set by the Board of Supervisors.

Under the proposal, commercial customers fixed rate will move from 5 percent to 10 percent, and commercial customers will continue to receive deep discounts on recycling and composting services. Discounts will be available from 10 percent and up to 85 percent of total volume diverted.

Recology has posted a special website to provide detailed information about: zero waste, the refuse rate hearing schedule, potential changes to rates, and more. Additionally, Recology representatives are available to make presentations on the proposal at group or association meetings.

Tuesday, April 23, 2013

BOMA SF-PAC Endorses Carmen Chu for Assessor Recorder and Katy Tang for District 4 Supervisor + Reception Invitations

BOMA San Francisco Members:

BOMA San Francisco's Political Action Committee has endorsed Carmen Chu for San Francisco Assessor Recorder and Katy Tang for San Francisco District 4 Supervisor.  Both were appointed by Mayor Ed Lee recently to their respective posts.  Both positions are up for election on November 5, 2013.

The Alliance for Jobs and Sustainable Growth (BOMA San Francisco is one of the founding members) has organized two separate receptions for the two candidates.  Click on the links below for more information.

PG&E Electric Rate Increase To Modernize Transmission System - Effective May 1, 2013

BOMA San Francisco Members

Recently, PG&E filed Advice Letter 4212-E to implement its new electric rates effective on May 1, 2013. This rate change revises the electric transmission rates PG&E filed with the Federal Energy Regulatory Commission (FERC). Overall revenue in this advice letter will increase by approximately $233 million. Bundled and DA/CCA average electric rates will increase about 1.8% and 4.5%, respectively.

The primary drivers for the rate increase are the need to replace and modernize aging transmission infrastructure and the interconnection of new electric generation, including renewable resources. PG&E is in the midst of a multi-year effort to expand and improve its transmission system, in keeping with the FERC’s direction to improve the nation’s electric transmission infrastructure.   PG&E, along with SDG&E and SCE own most of the transmission facilities in California. As a 'transmission owner', the annual filing represents a majority of the transmission revenue requirement and is used to pay for the transmission service, which ultimately benefits electric consumers. 

Make Every Day EARTH DAY - Top 10 Ways Building Managers and Tenants Can Be Green

BOMA San Francisco recommends Top 10 Ways commercial real estate professionals can make energy efficiency and sustainability a priority every day.  With the office building industry accounting for nearly 20 percent of U.S. greenhouse gas emissions, BOMA members are committed to helping the industry as a whole improve energy management and sustainability practices. 

“Earth Day may be technically over, but we practice it every day of the year at BOMA,” says BOMA San Francisco Executive Vice President Marc Intermaggio. “These tips offer property professionals effective operational and management strategies for reducing energy consumption and elevating sustainability. It’s important to remember that making significant energy-efficiency improvements is within the reach of most building owners and managers, and many of the methods are no or low-cost.”

Here are the Top 10 Ways commercial real estate professionals can green their building operations:
  • Measure and Manage - Benchmark energy and water consumption through ENERGY STAR® Portfolio Manager
  • Audit Yourself - Perform regular energy audits to identify opportunities for cost-effective energy reductions. Remember to perform midnight evaluations to make sure lighting and HVAC aren’t running when the building is unoccupied. 
  • Get the Word Out -  Institute a Tenant Energy Awareness Program – use your company newsletter and/or building announcements to keep tenants informed about energy management goals and how they can help. Provide them with energy savings tips. 
  • Become Enlightened - Replace incandescent lights with CFLs, which use less energy, have a longer lamp life and produce less heat. 
  • Go Low Flow - Install low-flow/flush fixtures and hands-free fixtures in restrooms. 
  • Don’t Forget Electronics - Hold an e-waste day and collect old printers, computers and electronics for recycling. 
  • Use Sensors - Install occupancy sensors and photo sensors that monitor daylight. Occupancy sensors also work for HVAC controls. 
  • Be Shady - Install solar shades to block heat. 
  • Encourage Eco-Friendly Transportation - Install bicycle racks and electronic vehicle chargers. 
  • Improve IAQ - Use high-efficiency HVAC filters – and change them often. Use low-VOC paints, sealants and adhesives for building improvements. 

Friday, April 19, 2013

UPDATE: BOMA California Legislative Update - ADA Reform

UPDATE - April 19, 2013

As part of this overall historic reform, a lease language requirement was signed into law which requires property owner and lessor to notify the tenant in the lease form or rental agreement executed on or after July 1, 2013, whether the property being leased or rented has undergone inspection by a CASp, and if so, whether the property has been or has not been determined to meet all applicable construction-related accessibility standards.

The following is the actual statutory language

SEC. 12. Section 1938 is added to the Civil Code, to read:

1938. A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after July 1, 2013, whether the property being leased or rented has undergone inspection by a Certified Access Specialist (CASp), and, if so, whether the property has or has not been determined to meet all applicable construction-related accessibility standards pursuant to Section 55.53. 

Several commercial real estate law firms have already sent out client advisories on how to comply with this section of law. We strongly suggest that you consult with an attorney or those responsible for drafting leases in your company to assure that you are ready to be in compliance with the law when it starts later this Summer.

Click here to read the full bill.


Original Post - September 27, 2012

Americans with Disabilities Act (ADA) Reform Effort – SB 1186 

We are extremely pleased to announce that a bill that was signed this week by Governor Brown is BOMA Calfornia's ADA reform measure, SB 1186.   This measure will curb lawsuit abuse regarding the Americans With Disabilities Act (ADA) while promoting increased compliance with disabled accessibility building codes.

This is the culmination of a multi-year, bipartisan effort, that included leadership from state level elected officials Senate pro Tem Darrell Steinberg (D-Sacramento) and Senator Bob Dutton (R-Rancho Cucamonga), with federal support coming from Senator Dianne Feinstein (D-CA).

This bill is being hailed as the most comprehensive and significant reform to California’s ADA Law. It passed the Legislature by a two-thirds vote in the wee hours of Friday night.  Currently, California has 40 percent of the nation’s ADA lawsuits but only 12 percent of the country’s disabled population.

Among other things, this measure: prohibits pre-litigation 'demands for money' by attorneys; puts into place new provisions to prevent the stacking of multiple claims to increase statutory damages; reduces statutory damages and provides litigation protections for defendants who correct violations; and,  establishes priorities for the California Commission on Disabled Accessibility that promote and facilitate disability access compliance. Here are some more specifics on the main provisions of the bill:

  • If a businesses is in a location that was completed after Jan. 1, 2008 or any business in California that has received a Certified Access Specialist (CASp) inspection, that business will have 60 days to fix that violation and their statutory damages may be reduced from $4,000 to $1,000 – a 75 percent reduction.
  • Small businesses with 25 or fewer employees that have not had a CASp inspection will have 30 days to fix a violation and can see their statutory damages reduced from $4,000 to $2,000 – a 50 percent reduction.
  • SB 1186 ends 'demand for money' letters from attorneys. Letters can still be sent to a business alerting them of a potential violation or infraction, but that letter can’t include a 'demand for money'. Attorneys sending those letters will be required to also send a copy of the letter to the California State Bar, who will examine the letter to make sure it meets the requirements of the law.

Attorneys will also be required to send a copy of letters sent to businesses to the California Commission on Disabilities (CCDA). They will be required to compile a top ten list of violations to be posted on their website by July 1, 2013 and also a list of those attorneys and law firms who are filing the bulk of the lawsuits.

SB 1186 provides an avenue for local cities and counties to expand the CASp program in their communities, to help bring local businesses into ADA compliance and develop tools to help educate the business community in expanding ADA access.

This bill could not have passed were it not for efforts from BOMA California members and partners that we have worked with over the past year in Sacramento.  The CalChamber and CBIA were right there with us helping with the heavy lifting on this bill, as well as several others. We want to thank Governor Brown for signing SB 1186, and everyone who helped get it to his desk!

Click here for a news story about the bill.

BOMA San Francisco Members Meet with San Francisco Assessor Carmen Chu

Carmen Chu City Hall

BOMA San Francisco Members:

Newly appointed San Francisco Assessor Recorder Carmen Chu spoke to BOMA leaders recently.  

Ken Cleaveland, Carmen Chu and John Bozeman

The Assessor-Recorder is responsible for equitably and effectively administering the property assessment system of the City and County of San Francisco. The duties of the Assessor-Recorder include locating all taxable property in San Francisco and identifying the ownership, establishing a taxable value for all property subject to property taxation and listing the value of all property on the assessment roll. The Assessor-Recorder maintains public records, conducts fair and efficient assessments and ensures equality in all assessments.

Click here to review BOMA San Francisco's Economic Impact Fact Sheet that details our members' contribution - including property and transfer tax revenue - to the City and County of San Francisco.

The topics discussed at today's meeting included:
  • Electronic recording program for real property records;
  • Reducing the historic levels of reassessment requests - approximately 6,000 annually;
  • Reducing the backlog and time necessary to record and reassess property sales;
  • Expanding the number of Assessment Appeals Board meetings;
  • Creating a common checklist for commercial property sales and reassessments;
  • Improving the technology in her department;
  • Focusing on customer service for all San Franciscans;
As a former member of the Board of Supervisors, Assessor Chu has worked on policy issues with BOMA San Francisco for many years.  Our members look forward to Chu's leadership of this essential department.

About Carmen Chu

Carmen Chu was elected to the Board of Supervisors in November 2008 and November 2010 to serve as the City’s representative to the Sunset/Parkside District after being appointed to serve in September 2007 by Mayor Gavin Newsom.

As member of the Board of Supervisors representing District 4, Carmen Chu served as Chair of the Board’s Budget & Finance Committee for FY 2011-2012 and FY 2012-2013. Together, with labor, community advocates, City departments, and the Mayor’s Office, the Board of Supervisors were able to agree on a $6.83 billion spending plan that provided funding for the most vital City services and closed a $380 million General Fund budget deficit.

During her time on the Board, Chu worked on legislation to encourage more companies to do business with the City by streamlining the City’s contracting process; provided protections to tenants who are victims of domestic violence; strengthened regulations, coordinated enforcement and expanded community review of proposed massage establishments; and encouraged small, local business participation in City projects.

Chu holds a Bachelor’s degree from Occidental College in public policy and a Master’s degree from the Goldman School of Public Policy at the University of California at Berkeley.

Assessor-Recorder Carmen Chu Announces Electronic Recording Program for Real Property Records

BOMA San Francisco Members:

Please note that authorized submitters will be able to submit documents to the San Francisco County Assessor-Recorder’s Office through an Electronic Recording Delivery System (ERDS or eRecording).

eRecording is the electronic submission of official documents for recording from an outside source to the Recorder's Division. An authorized submitter may be a title insurer, title company, institutional lender or government entity. San Francisco is currently designated as an 'agent only' county meaning that the authorized submitters have to work with agents who are certified and approved by the State of California Department of Justice (DOJ) in order to transmit documents to us electronically.

Prior to eRecording, title companies and others needed to submit a volume of documents to be recorded in person with the Assessor-Recorder’s office. By transitioning to a paperless system, the new eRecording process simplifies these transactions by allowing users to submit documents from the convenience of their office computer and eliminating the potential for lost or missed forms.
Additionally, e-Recording increases efficiency with quicker pricing, recording, and acknowledgement of documents.

Thursday, April 18, 2013

Mayor Ed Lee Signs Mandatory Seismic Retrofit Program for Wood Framed Buildings Measure

BOMA San Francisco Members:

UPDATE - April 18, 2013

The Mandatory Seismic Retrofit Program for Wood Framed (soft story) Buildings legislation was signed by Mayor Ed Lee this morning - the anniversary of the 1906 earthquake.  We thank the City and County of San Francisco for its continued leadership in earthquake resiliency.


UPDATE - March 18, 2013

BOMA supports the Mandatory Seismic Retrofit Program for Wood Framed Buildings, or Soft Story Building Legislation, that is scheduled to be heard at the San Francisco Board of Supervisors' Land Use and Economic Development Committee.  This measure derives from CAPSS, Community Action Plan for Seismic Safety, an effort that BOMA San Francisco Codes and Regulations Committee members have been involved with since its inception.

This legislation, which includes sensible phase-in provisions for owners of residential/mixed-use properties, is a step in the right direction for the City and County of San Francisco to improve housing resiliency in the event of a major earthquake in the region.

UPDATE - December 19, 2012

If you are interested in attending a CAPSS meeting, the next gathering will be on Monday, January 28, 2013 from 10:00 a.m. to 11:30 a.m. at San Francisco City Hall, Room 34.  

BOMA San Francisco Codes and Regulations Committee member Will Grogan will be in attendance and will provide a report on the CAPSS meeting discussion at the February 27, 2013 Codes meeting.

Original Post - November 26, 2012 

The CAPSS/Earthquake Safety Implementation Program continues to work toward a more resilient San Francisco. Here is a very brief update on their activities:
  • Patrick Otellini appointed Director of Earthquake Safety
  • Soft-story building program final review
  • Private School Earthquake Safety Working Group progress
  • Upcoming CAPSS/Earthquake Safety Implementation Program Public Meeting

A Message from Laurence Kornfield

Dear Friends,

Big news! The Mayor has appointed Patrick Otellini to be San Francisco’s Director of Earthquake Safety. We are fortunate to have such a qualified and enthusiastic new Director. Patrick comes to the CAPSS/Earthquake Safety Implementation Program from the private sector where has spent over a decade working across the spectrum of San Francisco’s building community – he is intimately familiar with the City’s permit approval and inspection processes, building owner and user concerns, the pragmatic construction issues of costs, scheduling, and financing. He has been closely engaged in the CAPSS earthquake safety work, including serving as a committee chairperson on the 2010 Mayor’s Soft Story Task Force. Patrick, who will be working directly under City Administrator Naomi Kelly, brings passion, vitality and commitment to the position of Director of Earthquake Safety. I am thrilled that we are fortunate enough to get Patrick Otellini in this role.

I will continue to work on the CAPSS/Earthquake Safety Implementation Program (ESIP) both on our ongoing programs and as an advisor to Patrick and his staff, as we embark on our challenging 30-year implementation program. I am extraordinarily grateful to have Patrick join me in the leadership of our crucial earthquake safety programs. Patrick’s commitment, the overwhelming support of the City leadership, and your continued involvement mean that we will succeed in making San Francisco a safer and more resilient city.

With much thanks,

Laurence Kornfield

Click here to download the Mayor’s Office press release.

Soft-Story Building Final Review

All of the pieces are now in place to move forward with a program to dramatically improve the safety of many of San Francisco’s most hazardous buildings. Over the next few months the Earthquake Safety Working Group will work to determine the best ways in which to implement the proposed regulations for earthquake upgrade of vulnerable soft-story buildings, focusing on buildings having five or more dwelling units and three or more stories (ESIP Task A.3.a). Much of the groundwork for these regulations was laid under the 2010 Mayor’s Soft Story Task Force. The CAPSS team is looking forward to a collaborative, consensus-based effort to make San Francisco’s housing stock more resilient and safer. More details on this in the near future.

Private Schools Earthquake Safety

A Private Schools Earthquake Safety Working Group, under volunteer chairperson Laura Samant, is studying the technical and policy issues related to the earthquake risk of private schools in San Francisco, and will propose ideas for how the City may best address private school safety (ESIP Task A.6.f). The group is exploring challenging issues such as community expectation for school safety, evaluation of earthquake risk, and potential building improvement opportunities. A report on the findings of this Working Group is to be delivered to the City Administrator and the Mayor in late 2013. If you would like to receive information about the activities of the Working Group by email or to participate in the Working Group, please contact Micah Hilt,

The next meeting will be in City Hall, Room 370, on December 6, 9:00 a.m. until 11:00 a.m. Click here to download our notice to the private schools.

Upcoming CAPSS/Earthquake Safety Implementation Program Public Meeting

December 10, 11:00 a.m. until 1: 00 p.m. at City Hall, Room 370.

Please join the CAPSS team for an update on their many CAPSS/Earthquake Safety Implementation programs. This will be an opportunity to ask questions and to learn how you can get further involved in their activities.

Building Rating Systems

The CAPSS recommendations for improving San Francisco’s earthquake resilience were founded on an ability to evaluate or rate building earthquake performance and to effectively communicate about building performance with the public (ESIP Task A.6.h). Building rating systems for buildings of all types, from older homes to new high rises, are now being developed. The CAPSS/Earthquake Safety Implementation Program staff is working with the groups preparing these rating systems to assure that proposed rating systems will meet San Francisco’s needs. Expect to see one or more rating system proposals within the next few months.

Update to the Community Safety Element Adopted

The Board of Supervisors, following the lead of the Planning Commission, unanimously adopted an update to the Community Safety Element of San Francisco’s General Plan that incorporates many earthquake resilience goals, including those outlined in the CAPSS work. Thank much to Planning Department and Department of Emergency Management staff for their help in preparing this document.

Shelter-in-Place and Neighborhood Support Center update

The Shelter-in-Place and the related Neighborhood Support Center concepts focus on keeping San Franciscans in their homes, in their neighborhoods, and informed and supported after an earthquake. This will empower communities, reduce the demand for emergency housing, and facilitate a more rapid recovery. The Department of Emergency Management, SF SAFE, the Neighborhood Empowerment Network, SPUR, CAPSS/Earthquake Safety Implementation Program and many other groups and agencies have worked together to prepare demonstration programs, work which is actively continuing (ESIP Task A.4.b). More details on this coming soon!

A few of the other CAPSS/ Earthquake Safety Implementation Program programs underway:

  • Demonstration of one- and two-family home earthquake improvements (ESIP Task A.6.b)
  • Focus on earthquake improvements for economically-disadvantaged San Franciscans (ESIP Task A.6.e)
  • Provide information and assistance about renter’s insurance and other insurance (ESIP Task A.1.b)

Thank you for your continued support of CAPSS and our Earthquake Safety Implementation Program.

Laurence Kornfield
Special Assistant to the City Administrator

Patrick Otellini
Director of Earthquake Safety

Micah Hilt
Earthquake Safety Implementation Program

 Click to follow the CAPSS Program on Facebook!

Planning for Implementation of the San Francisco Gross Receipts Tax

UPDATE - April 18, 2013

BOMA San Francisco Members:

Please review the following advisory from BOMA San Francisco member Manuel Fishman with Buchalter Nemer to help you plan and implement the upcoming San Francisco Gross Receipts Tax.  

The San Francisco Gross Receipts Tax is a reality. It will be phased in over the course of the next 5 years (beginning in 2014), and gradually replace the current 1 ½% payroll tax as the principal method for taxing persons engaged in business in San Francisco.  

Many questions remain unanswered, including the scope of various exemptions and the characterization of various services and charges routinely included as part of a lease. For example, is a security deposit a gross receipt to the landlord when paid or when a default occurs? Is an improvement allowance a gross receipt to the tenant or simply an advance that is repaid as rent to the landlord? Will vendors pass through the gross receipts tax to building owners? 

With less than nine months remaining in calendar year 2013, and with property owners and managers beginning the budget planning process for 2014, there are several action items that owners and managers of commercial properties should consider:

1. The new Ordinance taxes business activities that generate gross receipts “in the City”. While the Ordinance is complex, as an owner of a commercial building, the determination of whether a gross receipt is “in the City” is simple: “gross receipts from the sale, lease, rental or licensing of real estate are in the City if the real property is located in the City”, and gross receipts from services are in the City “to the extent the purchaser of the services received the benefit of the services in the City.” The Ordinance defines a “gross receipt” broadly, and in the context of real estate, the term includes all rent and the “payment for any services that are part of the lease or rental … paid to, on behalf of, or for the benefit of” the landlord. This should be the starting point for your consideration.

2. The rate of taxation is based on the dollar amount of gross receipts that you receive, and there is a $1,000,000 gross receipts small business exemption that may be applicable to you (but if your gross receipts exceed this exemption, the tax is payable from the first dollar earned).   Please click here for the rate chart.

3. Review your standard form lease to determine whether your lease allows you, as the landlord, to pass through the full amount of the gross receipts tax to your tenants as additional rent. Discuss with your legal counsel the best way to address this issue in your lease form. Stay attuned to changes in the market place as tenants seek to shift this cost to their landlords.

4. Discuss with your listing agent changes in the way brokerage commissions should be paid to separately allocate the commission earned by the listing agent to the listing agent and the commission earned by the procuring agent to the procuring agent, in order to avoid a “double dip” of a gross receipt to the listing agent (meaning that one party pays a gross receipt on money it receives that it simply pays over to a second party). Similarly, discuss with your property management and construction management team the way to address “tenant reimbursements” for build out of improvements to leased premises so that the money is actually paid to the contractor performing the work and does not result in a double dip to the landlord for money that is simply paid over to the contractor.

5. Discuss with your controller and finance officer how to maintain separate charges for real property taxes, parking taxes and gross receipts taxes that you, as the landlord pay. Develop an accounting system that can be incorporated into and shown on the monthly rent statements and annual reconciliation statements. The Ordinance provides an exclusion from gross receipts for “any federal, state or local tax imposed upon a person for which that person is reimbursed by means of a separately stated charge to a lessee” [i.e. think real property taxes] and for taxes that a taxpayer collects “from or on behalf of a taxpayer’s customers and remits to the appropriate governmental entity” [i.e. think parking taxes]..

6. Investors in real estate need to give consideration to how gross receipts are determined in the context of distributions and sale proceeds from a building.

7. Remember that over the next 5 years, landlords will need to keep records for both gross receipts and payroll taxes, and pay a certain amount under each of these taxes until the end of the phase-in period.

8. Remember that San Francisco business registration license fees will start to increase significantly in 2015. Check the new rates by visiting the San Francisco Treasurer’s Office web site:

9. The tax will be payable in quarterly installments (based on the concluding quarter’s gross receipts). Check the web site of the San Francisco Treasurers office for updates on the availability of the 2014 business tax reporting form. As of now, a tax reporting form is not available

BOMA has held one member update program on the implementation of the gross receipts tax, and will schedule a second program later this summer. Stay in touch with BOMA for additional updates.

This Advisory has been prepared as a matter of general information on behalf of the BOMA San Francisco Government Affairs Policy Advisory Committee by attorney Manuel Fishman. This Advisory is not considered legal advice, and members should consult with legal counsel before acting on the information contained herein. Mr. Fishman can be reached at:


Manuel Fishman speaking to BOMA Members

UPDATE - February 27, 2013

The sample lease language to use during the interim period before the Gross Receipts Tax phase in begins in 2014 and the presentations from the briefing on February 15th, are now available:

Click here to view sample lease language to use during the interim period.
Click here to view the presentation overview.
Click here to view the presentation from the San Francisco's Treasurer's Office.


UPDATE - February 15, 2013

Today's Gross Receipts Tax briefing was well-attended.  Thank you to the BOMA San Francisco member organizers and presenters Manuel FishmanKathy Mattes and Tom Gille.  A special thanks to San Francisco City Controller Ben Rosenfield, Treasurer Jose Cisneros and to Greg Kato with the Treasurer's office for presenting to BOMA members.

Please click here to 'like' our facebook page and view pictures of the event.

Original Post - February 15, 2013

BOMA San Francisco will hold a briefing for members only on Friday, February 15th to relay pertinent information on how the Gross Receipts Tax structure will impact the industry.

This event will feature the following representatives:

City and County of San Francisco
  • San Francisco Treasurer Jose Cisneros
  • San Francisco Controller Ben Rosenfield 
BOMA Industry Representatives
  • Manny Fishman, Buchalter Nemer
  • Kathy Mattes, CBRE 
  • Tom Gille, CAC Real Estate Management Co., Inc.
Collectively, the representatives will go over the necessary record keeping that will be required to satisfy the Tax Collectors requirements for this new law. In addition, they will explain the details of the requirements for owners, property managers and third party providers of property management services 

You will leave this briefing prepared for the switch to this new tax system when it begins to phase in starting in 2014. 

Seating IS limited and registration required.

BOMA International Advocacy Update - President's Budget Would Increase Carried Interest Tax & Lead Paint Rulemaking Comments

President’s Budget Would Increase Carried Interest Tax

President Obama recently released his budget plan for fiscal year 2014. The President’s plan once again proposes to tax carried interest as ordinary income rather than as a capital gain. The Administration expects this tax increase to raise $16 billion over 10 years. The budget also proposes to build upon the Better Buildings Initiative by leading through federal energy efficiency and the “Green Button” initiative, which strives to improve energy data access for consumers. 

Comments Given to EPA on Lead Paint Rulemaking

On April 1, the Commercial Properties Coalition, of which BOMA International is a member, provided comments on EPA’s Request for Information and Advance Notice of Public Hearing regarding its 'Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings.' The EPA specifically asked for industry to provide information and research prior to a public hearing that EPA has scheduled for June 26, 2013.

While EPA is still at an early stage in the rulemaking process, they have indicated that the Program’s reach may cover buildings that are: 
  • constructed before 1978 and owned by federal, state, local or municipal governments; 
  • owned by the private sector, without regard to vintage or age of construction; 
  • leased in whole or in part by the federal government, the largest commercial office tenant in the country; 
  • occupied by women of child-bearing years, or men that may be prone to hypertension; 
  • sites of interior renovations where more than six square feet of painted surfaces are disturbed per room; or 
  • sites of exterior renovations where more than 20 square feet of painted surfaces are disturbed. 
In short, just about every commercial structure in the country might be subject to its regulatory oversight.

The Coalition’s comments may be found online.

Wednesday, April 17, 2013

BOMA San Francisco Leaders Meet with San Francisco Supervisor Katy Tang

BOMA San Francisco Members:

BOMA leaders welcomed San Francisco's newly appointed District 4 Supervisor, Katy Tang recently. Supervisor Tang was appointed by Mayor Ed Lee to serve on the Board of Supervisors in February. 

From Left to Right: John Bozeman, Art Swanson, Susan Court, Ken Cleaveland, Supervisor Tang, Horace Green and Tim Falvey

The meeting was a productive one whereby BOMA members and Supervisor Tang had an opportunity to get to know one another.  Public policy issues discussed included:
About Katy Tang

Katy Tang previously served as Supervisor Carmen Chu’s Legislative Aide for over five years, drafting legislation to create Neighborhood Commercial Districts for District 4 business corridors, increasing protections for victims of domestic violence, streamlining complex City contracting processes, facilitating prompt payment to City contractors, and instituting increased penalties for crimes committed in and around public transit.

As Legislative Aide, Tang served as an adviser on policy issues before the Board of Supervisors, analyzed legislation, served as lead staff in developing the City’s first two-year budget that balanced a $6.8 billion annual City budget and closed budget shortfalls of $380 million, and worked with District 4 neighbors and businesses to implement community improvement projects, including the completion of a pilot Storefront Improvement Project on Noriega and Taraval streets that improved 15 neighborhood businesses and created a model for small businesses Citywide. Katy also spearheaded efforts to assist small businesses in complying with the Americans with Disabilities Act requirements, helping to create access for all San Franciscans and protect businesses. 

Supervisor Tang is lifelong District 4 resident. 

Tuesday, April 16, 2013

Free PG&E Workshops on April 26, 2013 - Benchmarking Your Commercial Building

BOMA San Francisco Members:

Please note these upcoming workshops sponsored by PG&E.

Benchmarking Your Commercial Building
Friday, April 26, 2013
8:30 a.m. - 12:30 p.m.
Efficiency Sales Professional Institute
657 Mission St, Suite 200, San Francisco 94105

California law will soon require the disclosure of an energy performance benchmarking score prior to selling, refinancing or leasing certain buildings.  Learn how to benchmark your building's energy performance with the help of PG&E's Automated Benchmarking Service—a free, easy-to-use service that automatically sends your commercial building's energy use information to the EPA's ENERGY STAR® Portfolio Manager every month.  Attendees will be guided through a benchmarking exercise by the instructor and support staff so that they can evaluate an actual building from start to finish and see their ENERGY STAR score.

You've Benchmarked Your Building: What's Next? 
Friday, April 26, 2013
 1:00 p.m. - 4:30 p.m.
Efficiency Sales Professional Institute 
657 Mission St, Suite 200, San Francisco 94105

Getting your building's benchmarking score is just the beginning. This course explores how to set targets for improvement: estimating the actual amount of energy savings needed to reach a higher score; which low/no-cost capital upgrades might produce various magnitudes of savings; which utility incentive programs could help identify or finance those improvements; etc. It's not about what your building's score is today—it's about what you want that score to be and how to get it there!

350 Mission Street Groundbreaking

BOMA San Francisco members (L to R): Justin Sacco, BOMA Board member Sarah Macintyre and David Starkey.

BOMA San Francisco Members:

Kilroy Realty held a groundbreaking ceremony for their newest development, 350 Mission Street.  When completed, the LEED Platinum rated, 27 story building will be occupied entirely by Salesforce employees.  You can read more about the deal and the building from the San Francisco Business Times' 2012 article, here.

Please click here for pictures from the event on the BOMA San Francisco facebook page.

Monday, April 8, 2013

Invitation to a Reception With Fiona Ma on April 16th

BOMA San Francisco Members:

Please join former California State Assembly Speaker pro Tem Fiona Ma for an intimate reception at Sterling Bank located at the Transamerica Building, 40th floor on Tuesday, April 16, 2013 from 5:30 p.m. to 7:30 p.m.  Fiona is a candidate for the California State Board of Equalization.

RSVP to Stephen H. Adams at or (415) 773-1530.  Please make checks payable to Fiona Ma for SBOE 2014.  Contribution levels range from $2500 to $100.

Thursday, April 4, 2013

BOMA San Francisco Members Meet with Mayor Ed Lee's Chief Innovation Officer

BOMA San Francisco Members:
Jay Nath

Jay Nath, Chief Innovation Officer in San Francisco Mayor Ed Lee's Office spoke to members of BOMA's Government Affairs Policy Advisory Committee (GAPAC) recently.   Mr. Nath's position was established by Mayor Lee to introduce new ideas and approaches to make City government more transparent, efficient and constituent focused. Mr. Nath presented on San Francisco’s Innovation Portfolio and fielded questions from GAPAC members regarding efficiency in government operations.

Click here to review the presentation and the possibilities of a constituent focused government for all San Franciscans.

About Jay Nath

Mr. Nath has been with the City for five years in his previous role as Director of Innovation with the Department of Technology and has led the City’s Open Data efforts and is well regarded in the Gov 2.0 space. The Chief Innovation Officer works closely with the Department of Technology and other City agencies to ensure that technology is a driver of change in City government and support the Mayor’s initiatives to engage the tech industry in boosting job creation and civic participation in San Francisco.

Monday, April 1, 2013

San Francisco Transfer of Development Rights Legislation

BOMA San Francisco Members,

BOMA supports legislation that unanimously passed out of a recent Land Use and Economic Development Committee meeting: Planning, Administrative Codes - Transfer of Development Rights introduced by Supervisor David Chiu.

The proposed changes would allow Transfer of Development Rights (TDR) to be transferred freely across the C-3/adjacent Districts. At present, the transfer is restricted to the same C-3 District (e.g., a C-3-O, or C-3-R District and the Development Lot is located in the C-3-O(SD) Special Development District) and, as such, the Planning Department believes the market for TDRs is currently gridlocked. By allowing increased flexibility, more properties will be able to sell and use the TDR market. Facilitating TDRs will both protect and restore additional historic buildings, and permit desired job and housing growth Downtown.

Please email and with any feedback you may have.