San Francisco County Transportation Authority Update - Transportation Task Force 2045 Revenue Options & 2018 Board Elections

Transportation Task Force 2045 Proposes Transportation Revenue Options in New Report

In 2017, Transportation Authority Chair Aaron Peskin collaborated with former Mayor Edwin M. Lee to convene the 60-person Transportation Task Force 2045, comprised of neighborhood and civic groups, labor, business - including BOMA San Francisco - and advocacy organizations, as well as local and regional transportation agencies.

Meeting over the course of seven months, the task force examined revenue and expenditure options for a potential local transportation revenue measure in 2018. Topics covered included an assessment of transportation needs, consideration of operating and capital priorities for the expenditure plan, and identification of a menu of possible sources to fund these. The final report documents the task force’s recommendations for voter or legislative consideration.

2018 Board Elections and 2017 Annual Report

The San Francisco County Transportation Authority (SFCTA or Transportation Authority) Board held elections in January and re-affirmed the agency’s leadership with Commissioner Aaron Peskin re-elected as chair and Commissioner Katy Tang re-elected as vice chair. Commissioners Jane Kim and Norman Yee were also re-elected as chair and vice chair of the Treasure Island Mobility Management Agency, a role the Transportation Authority plays to implement transportation improvements on Treasure Island and Yerba Buena Island.

In thanking his colleagues and looking ahead, Chair Peskin said, “We had a productive last year and I look forward to continuing to advance our priorities in 2018. In particular, we must continue our focus on creating local funding sources to pay for critical transit and roadway improvements, building on the work of the Transportation 2045 Task Force, and press ahead toward Vision Zero, our goal to end traffic fatalities by 2024. Whether it's neighborhood-level pedestrian safety improvements or building out our downtown core to accommodate booming job growth, smart investments in infrastructure and operations will curb congestion and keep San Francisco moving. I am committed to tackling it all, and look forward to working with colleagues and the public in the coming year.”

The agency’s annual report, which summarizes our planning, funding, project delivery, and oversight activities in 2017 is available for download here.

UPDATE: Your Feedback is Requested - Mandatory Disability Access Improvements

UPDATE - September 29, 2017

Here are two important items to review regarding this ordinance that BOMA San Francisco members worked on with Supervisor Katy Tang in 2015 and 2016.

• San Francisco Department of Building Inspection (SFDBI) is the agency responsible for writing the guidelines regarding implementing this ordinance. The measure is detailed below or you can review the law by clicking here. According to SFDBI staff, draft guidelines are still in development. We'll alert you when that document is available. 
• Supervisor Tang has introduced a companion measure that would extend the compliance time frame for existing buildings owners.
• The time within which the owner of an existing building with a place of public accommodation has to comply with the mandatory disability access requirements as prescribed in the original ordinance for the primary entrance and path of travel into the building will be extended by one year. Also extended by one year is the time for the Department of Building Inspection to submit a written report to the Board and the six-year limitation on granting extensions of time to comply.
• Please click here to review the ordinance and email BOMA San Francisco's Director of Government and Industry Affairs, John Bozeman at johnb@boma.com if you have any questions. 

--------------------

Original Post - October 2, 2015

BOMA members have been monitoring legislation introduced by Supervisor Katy Tang: Mandatory Disability Access Improvements.

This ordinance, if passed, would relieve tenants of any responsibility for accessibility improvements or documentation establishing a technically infeasible situation or unreasonable hardship and place it squarely on the building owners.

Additionally, this legislation would establish a Disability Access Compliance Unit within the San Francisco Department of Building Inspection (SFDBI) to monitor this program, set fees to administer it, provide guidance and advice on specific situations, as well as issue determinations of technical infeasibility or unreasonable hardship.

Click here for the legislative digest.

Our Government Affairs Policy Analysis Committee (GAPAC) recently met with Supervisor Tang and here are the concerns our members have regarding the measure, as proposed:

• San Francisco Department of Building Inspection (SFDBI) Staffing
• Ordinance compliance by SFDBI might be an issue due to workflow demand increase if this measure were to pass.
• How can building owners be assured that the turnaround time will be a fast one?
• Lease Negotiation
• Our members are concerned that allowing SFDBI to be the arbiter of ADA issues in private buildings will impede the lease negotiation process. 
• This was also an issue in 2013 when we worked with then Supervisor David Chiu on his ADA legislation: http://bomasanfrancisco.blogspot.com/2013/01/update-disability-access-ada.html
• Note that the same suggestions our members had in 2013, below, apply to this proposal:
• Education 
• Commercial property owners provide an Americans with Disabilities Act (ADA) disclosure to tenants/potential tenants to help educate them on the requirements of the ADA implications of non-compliance.
• Compliance 
• Allow a commercial property owner/tenant MORE time to correct primary entries/path of travel to ADA specific requirements in a tenant space. That is, set a due date for absolute compliance sometime farther into the future (e.g., 5-10 years) with a requirement to update primary entries/path of travel before the due date if new tenant occupies the space. 
• This suggestion was based on the San Francisco High Rise Sprinkler Ordinance passed in 1993 that had similar requirements for compliance with regard to sprinklers in high-rise buildings. 
• Lease Negotiation Process 
• Commercial property owners need to have the ability to negotiate the costs associated with any tenant improvement with the tenant. This includes any costs associated with ADA compliance. 
• Building Owner is Fully Responsible for ADA Repairs 
• From our GAPAC meeting, it’s clear this is a major source of contention with our small building owners. 
• As mentioned above, our members need to have the leeway to negotiate who pays for the tenant improvement. 
• Perhaps any mention of the owner paying for upgrades can be amended to include owner and/or lessee. 
• Technical Infeasibility 
• Readily achievable should be the term used - in other words, easily accomplished and able to be carried out without much difficulty or expense for the tenant/owner. 
• Post 2002 Building Exemption(Pg. 6; lines 11-15 – Chapter 11D; Sec. 1101D) 
• Building owner/owners authorized agent must provide a written notice of exemption that provides a construction permit application dates on or after January 1, 2002. 
• SFDBI should already have this information on file. 

As always, our members are appreciative of Supervisor Tang's early outreach to BOMA regarding this ordinance, and look forward to the continued discussion.

If you have concerns about this measure please email John M. Bozeman, BOMA San Francisco's Director of Government and Industry Affairs, at johnb@boma.com.

UPDATE: San Francisco Lactation in the Workplace Ordinance

UPDATE - July 31, 2017

Mayor Ed Lee signed the Lactation in the Workplace ordinance on June 30, 2017. It is effective as of July 30, 2017 and operative on January 1, 2018. Please email johnb@boma.com with any questions you may have.

--------------------

UPDATE - June 22, 2017

The San Francisco Board of Supervisors have approved the Lactation in the Workplace ordinance. It now goes to Mayor Ed Lee for his approval. We expect him to sign the measure.

Click here to review the language of the ordinance.

As mentioned in our May 31st post, BOMA's major concerns with this measure were addressed by Supervisor Katy Tang and her staff. Again, thanks to the months-long involvement of BOMA San Francisco's Government Affairs Committee members - led by BOMA San Francisco Board Member, and former president, Blake Peterson and Government Affairs Committee Vice Chair, Justin Sacco - we are pleased to announce that nearly all of our industry's suggested amendments to the San Francisco Lactation in the Workplace Ordinance were accepted by Supervisor Tang. 

They include:

• Ensuring the that project sponsor - generally, the tenant - in our member buildings is responsible for building the lactation rooms. The ordinance originally listed the building owner as the primary builder.
• Note that this allows for more flexibility in ensuring the rooms are built. Building owners can sometimes be the project sponsor for a tenant improvement.
• Our members also added language that defines what a project sponsor is: "the party that constructs the tenant improvements for an end user’s occupancy."
• Increasing the requirements that trigger the construction of lactation rooms.
• Three primary requirements for project sponsors to build lactation rooms in the employer's space are:
• When there is a tenant improvement in the interior of the building;
• The gross square footage of the interior space designated for employee only use and included in the project is at least 15,000 square feet. 
• BOMA members were able to increase this requirement from 10,000 to 15,000;
• And, the estimated cost of the project stated in the building application is over $1,000,000.
• BOMA members advocated to increase the cost from $500,000 to $1,000,000, and that the amount be stated on the building application. 

BOMA members are appreciative of this collaborative effort as an example of how public policy should be created.

If you have any questions, please email johnb@boma.com.

--------------------

UPDATE - May 31, 2017

Thanks to the involvement of BOMA San Francisco's Government Affairs Committee members - led by BOMA San Francisco Board Member, and former president, Blake Peterson and Government Affairs Committee Vice Chair, Justin Sacco - we are pleased to announce that nearly all of our industry's suggested amendments to the San Francisco Lactation in the Workplace Ordinance have been accepted by Supervisor Tang and her staff. 

The result is a much more realistic measure for the employer, the building owner and - most importantly - the employees who will be using lactation rooms in their respective workplaces.

Blake Peterson provided BOMA's comments at the most recent San Francisco Board of Supervisors Land Use and Transportation Committee hearing (pictured above) on May 22, 2017. Blake publicly thanked Supervisor Tang and her staff for working with BOMA members and our business community partners on this measure.

We are waiting for the updated draft of the legislation after its review by the San Francisco City Attorney's Office. There were numerous substantial amendments approved on May 22nd and we will summarize them all in a future post so please stay tuned! 

If you have any questions, please email johnb@boma.com. 

--------------------

UPDATE - April 27, 2017

The BOMA San Francisco Government Affairs Committee meeting with Supervisor Tang on April 5th was very productive. Our members provided essential feedback that reflected the good intent of the legislation with the reality of implementing the requirements, as written. 

We are working with the Supervisor and her staff, to amend the legislation to reflect the correct entity that should be in charge of permit approval for building a lactation room in new and existing buildings - the project sponsor who is generally the tenant - and continuing the discussion with our business community partners regarding the total number of rooms required based on occupancy of the tenant space. 

Stay tuned! We thank Supervisor Tang and her staff for understanding our members' concerns.

-------------------

Original Post - April 4, 2017

BOMA San Francisco members, staff, and San Francisco Business Community members have been working with San Francisco Supervisor Katy Tang (District 4 - Sunset) regarding her recently introduced proposal: Lactation in the Workplace.

Provide Your Feedback on April 5th!

NOTE that the BOMA San Francisco Government Affairs Committee will be meeting with Supervisor Tang on April 5th to discuss this ordinance. Please email the Chair of the Committee, Marty Smith at msmith@alhousedeaton.com and johnb@boma.com if you'd like to attend and provide your feedback. The measure will be moving quickly through the San Francisco City Hall legislative process in April so your involvement is appreciated.

Why Was This Ordinance Introduced?

A similar law introduced by Supervisor Tang and enacted in 2016 created a policy to help city employees transition back to work after having a child. The Lactation Accommodation Policy for city workers provides new mothers with lactation accommodations and encourage flexibility in the workplace.

The Supervisor would like the private sector to follow San Francisco's lead and help mothers as they come back to work. BOMA members feel that employees should be supported in reasonable way that makes sense to the small business tenant, building owner, and to the employees.

What Would The Law Require?

The new 2017 law, if passed, would affect the private sector:

• Requires employers to provide employees breaks and a location for lactation;
• Have employers provide a policy regarding lactation in the workplace that specifies a process by which an employee will make a request for accommodation;
• Defines minimum standards for lactation accommodation spaces;
• Requires newly constructed or renovated buildings designated for certain uses include lactation rooms;
• Amends the San Francisco Building Code to specify the technical specifications of lactation rooms for new or renovated buildings designated for certain use.

How Has BOMA Been Involved? 

We appreciate that Supervisor Tang and her staff allowed for our members, Blake Peterson, former BOMA San Francisco President and member of the Board, and Justin Sacco, Vice Chair of BOMA San Francisco's Government Affairs Committee, to provide input on her proposal early in the legislative process. 

How Could This Legislation Affect My Commercial Property?

The legislation primarily targets private sector businesses (tenants). Even so, there are requirements for new and renovated buildings that could affect BOMA San Francisco members. 

Take a look at pages 12-14 of the ordinance to determine if that is the case.

We were successful in amending the language for adding a lactation room for new/renovated buildings from a square foot requirement to a much more reasonable occupancy load specification of a given renovation project. Even so, the triggers requiring a building owner/project sponsor to add a certain number of lactation rooms, specifically for renovated existing buildings, might still be a bit too high. This happens when:

• There is a project to renovate the interior of the building;
• The gross square footage of the interior space designated for employee only use (not public) and included in the renovation project is at least 10,000 square feet;
• And, the estimated cost of the renovation project is over $500,000.

If these prerequisites are met, then the project shall include a lactation room(s) as follows:

On page 14 of the introduced measure, you'll notice that the project sponsor may fulfill the requirement above by merging the required rooms and provide one room with multiple lactation stations or multiple rooms with multiple lactation stations. 

There may be other concerns so we want to hear from our BOMA member community. Please send your comments to johnb@boma.com and plan to attend our next Government Affairs Committee meeting on April 5th. Details: https://members.bomasf.org/BOMASF/Event_Display.aspx?eventkey=GAPAC17APR. 

UPDATE: San Francisco Lactation in the Workplace Ordinance

UPDATE - May 31, 2017

Thanks to the involvement of BOMA San Francisco's Government Affairs Committee members - led by BOMA San Francisco Board Member, and former president, Blake Peterson and Government Affairs Committee Vice Chair, Justin Sacco - we are pleased to announce that nearly all of our industry's suggested amendments to the San Francisco Lactation in the Workplace Ordinance have been accepted by Supervisor Tang and her staff. 

The result is a much more realistic measure for the employer, the building owner and - most importantly - the employees who will be using lactation rooms in their respective workplaces.

Blake Peterson provided BOMA's comments at the most recent San Francisco Board of Supervisors Land Use and Transportation Committee hearing (pictured above) on May 22, 2017. Blake publicly thanked Supervisor Tang and her staff for working with BOMA members and our business community partners on this measure.

We are waiting for the updated draft of the legislation after its review by the San Francisco City Attorney's Office. There were numerous substantial amendments approved on May 22nd and we will summarize them all in a future post so please stay tuned! 

If you have any questions, please email johnb@boma.com. 

--------------------

UPDATE - April 27, 2017

The BOMA San Francisco Government Affairs Committee meeting with Supervisor Tang on April 5th was very productive. Our members provided essential feedback that reflected the good intent of the legislation with the reality of implementing the requirements, as written. 

We are working with the Supervisor and her staff, to amend the legislation to reflect the correct entity that should be in charge of permit approval for building a lactation room in new and existing buildings - the project sponsor who is generally the tenant - and continuing the discussion with our business community partners regarding the total number of rooms required based on occupancy of the tenant space. 

Stay tuned! We thank Supervisor Tang and her staff for understanding our members' concerns.

-------------------

Original Post - April 4, 2017

BOMA San Francisco members, staff, and San Francisco Business Community members have been working with San Francisco Supervisor Katy Tang (District 4 - Sunset) regarding her recently introduced proposal: Lactation in the Workplace.

Provide Your Feedback on April 5th!

NOTE that the BOMA San Francisco Government Affairs Committee will be meeting with Supervisor Tang on April 5th to discuss this ordinance. Please email the Chair of the Committee, Marty Smith at msmith@alhousedeaton.com and johnb@boma.com if you'd like to attend and provide your feedback. The measure will be moving quickly through the San Francisco City Hall legislative process in April so your involvement is appreciated.

Why Was This Ordinance Introduced?

A similar law introduced by Supervisor Tang and enacted in 2016 created a policy to help city employees transition back to work after having a child. The Lactation Accommodation Policy for city workers provides new mothers with lactation accommodations and encourage flexibility in the workplace.

The Supervisor would like the private sector to follow San Francisco's lead and help mothers as they come back to work. BOMA members feel that employees should be supported in reasonable way that makes sense to the small business tenant, building owner, and to the employees.

What Would The Law Require?

The new 2017 law, if passed, would affect the private sector:

• Requires employers to provide employees breaks and a location for lactation;
• Have employers provide a policy regarding lactation in the workplace that specifies a process by which an employee will make a request for accommodation;
• Defines minimum standards for lactation accommodation spaces;
• Requires newly constructed or renovated buildings designated for certain uses include lactation rooms;
• Amends the San Francisco Building Code to specify the technical specifications of lactation rooms for new or renovated buildings designated for certain use.

How Has BOMA Been Involved? 

We appreciate that Supervisor Tang and her staff allowed for our members, Blake Peterson, former BOMA San Francisco President and member of the Board, and Justin Sacco, Vice Chair of BOMA San Francisco's Government Affairs Committee, to provide input on her proposal early in the legislative process. 

How Could This Legislation Affect My Commercial Property?

The legislation primarily targets private sector businesses (tenants). Even so, there are requirements for new and renovated buildings that could affect BOMA San Francisco members. 

Take a look at pages 12-14 of the ordinance to determine if that is the case.

We were successful in amending the language for adding a lactation room for new/renovated buildings from a square foot requirement to a much more reasonable occupancy load specification of a given renovation project. Even so, the triggers requiring a building owner/project sponsor to add a certain number of lactation rooms, specifically for renovated existing buildings, might still be a bit too high. This happens when:

• There is a project to renovate the interior of the building;
• The gross square footage of the interior space designated for employee only use (not public) and included in the renovation project is at least 10,000 square feet;
• And, the estimated cost of the renovation project is over $500,000.

If these prerequisites are met, then the project shall include a lactation room(s) as follows:

On page 14 of the introduced measure, you'll notice that the project sponsor may fulfill the requirement above by merging the required rooms and provide one room with multiple lactation stations or multiple rooms with multiple lactation stations. 

There may be other concerns so we want to hear from our BOMA member community. Please send your comments to johnb@boma.com and plan to attend our next Government Affairs Committee meeting on April 5th. Details: https://members.bomasf.org/BOMASF/Event_Display.aspx?eventkey=GAPAC17APR. 

UPDATE: San Francisco Lactation in the Workplace Ordinance

UPDATE - April 27, 2017

The BOMA San Francisco Government Affairs Committee meeting with Supervisor Tang on April 5th was very productive. Our members provided essential feedback that reflected the good intent of the legislation with the reality of implementing the requirements, as written. 

We are working with the Supervisor and her staff, to amend the legislation to reflect the correct entity that should be in charge of permit approval for building a lactation room in new and existing buildings - the project sponsor who is generally the tenant - and continuing the discussion with our business community partners regarding the total number of rooms required based on occupancy of the tenant space. 

Stay tuned! We thank Supervisor Tang and her staff for understanding our members' concerns.

-------------------

Original Post - April 4, 2017

BOMA San Francisco members, staff, and San Francisco Business Community members have been working with San Francisco Supervisor Katy Tang (District 4 - Sunset) regarding her recently introduced proposal: Lactation in the Workplace.

Provide Your Feedback on April 5th!

NOTE that the BOMA San Francisco Government Affairs Committee will be meeting with Supervisor Tang on April 5th to discuss this ordinance. Please email the Chair of the Committee, Marty Smith at msmith@alhousedeaton.com and johnb@boma.com if you'd like to attend and provide your feedback. The measure will be moving quickly through the San Francisco City Hall legislative process in April so your involvement is appreciated.

Why Was This Ordinance Introduced?

A similar law introduced by Supervisor Tang and enacted in 2016 created a policy to help city employees transition back to work after having a child. The Lactation Accommodation Policy for city workers provides new mothers with lactation accommodations and encourage flexibility in the workplace.

The Supervisor would like the private sector to follow San Francisco's lead and help mothers as they come back to work. BOMA members feel that employees should be supported in reasonable way that makes sense to the small business tenant, building owner, and to the employees.

What Would The Law Require?

The new 2017 law, if passed, would affect the private sector:

• Requires employers to provide employees breaks and a location for lactation;
• Have employers provide a policy regarding lactation in the workplace that specifies a process by which an employee will make a request for accommodation;
• Defines minimum standards for lactation accommodation spaces;
• Requires newly constructed or renovated buildings designated for certain uses include lactation rooms;
• Amends the San Francisco Building Code to specify the technical specifications of lactation rooms for new or renovated buildings designated for certain use.

How Has BOMA Been Involved? 

We appreciate that Supervisor Tang and her staff allowed for our members, Blake Peterson, former BOMA San Francisco President and member of the Board, and Justin Sacco, Vice Chair of BOMA San Francisco's Government Affairs Committee, to provide input on her proposal early in the legislative process. 

How Could This Legislation Affect My Commercial Property?

The legislation primarily targets private sector businesses (tenants). Even so, there are requirements for new and renovated buildings that could affect BOMA San Francisco members. 

Take a look at pages 12-14 of the ordinance to determine if that is the case.

We were successful in amending the language for adding a lactation room for new/renovated buildings from a square foot requirement to a much more reasonable occupancy load specification of a given renovation project. Even so, the triggers requiring a building owner/project sponsor to add a certain number of lactation rooms, specifically for renovated existing buildings, might still be a bit too high. This happens when:

• There is a project to renovate the interior of the building;
• The gross square footage of the interior space designated for employee only use (not public) and included in the renovation project is at least 10,000 square feet;
• And, the estimated cost of the renovation project is over $500,000.

If these prerequisites are met, then the project shall include a lactation room(s) as follows:

On page 14 of the introduced measure, you'll notice that the project sponsor may fulfill the requirement above by merging the required rooms and provide one room with multiple lactation stations or multiple rooms with multiple lactation stations. 

There may be other concerns so we want to hear from our BOMA member community. Please send your comments to johnb@boma.com and plan to attend our next Government Affairs Committee meeting on April 5th. Details: https://members.bomasf.org/BOMASF/Event_Display.aspx?eventkey=GAPAC17APR. 

UPDATE: San Francisco's Baby Diaper-Changing Accommodation Requirement Effective on April 17, 2017

UPDATE - March 31, 2017

San Francisco Mayor Ed Lee has approved this measure and it will become effective on April 17, 2017. For details, please see below.

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Original Post - March 1, 2017

BOMA San Francisco's Government Affairs Policy Analysis Committee (GAPAC) members have reviewed and submitted suggested amendments regarding a proposal in San Francisco requiring Baby Diaper-Changing stations in bathrooms. The ordinance was introduced by Supervisor Katy Tang and, if passed, would make diaper-changing facilities available to mothers and fathers in their
restrooms.

We appreciate that Supervisor Tang included our recommended amendment that will protect a building owner's respective contract agreement with their tenants. BOMA members were also successful in extending the time frame for compliance from six months to twelve months if the ordinance is enacted.

The legislation has been moving through the San Francisco City Hall legislative process with unanimous support from various policy committees. It is now at the Board of Supervisors for their consideration. We expect this measure to pass unanimously there as well.

Please review the information below to ensure you know what this proposal means for BOMA San Francisco building members and your tenants. Also, for compliance, please be sure to have your legal team review the measure.

What are the requirements of this ordinance?

• All business establishments and those entities that have public accommodations that maintain a Baby Diaper-Changing Accommodation (BDCA) in a restroom available for use by women will be required to install and maintain a Baby Diaper-Changing Accommodation in a restroom available for use by men OR available for use by ALL genders.
• For example, if a women's bathroom in a tenant's space has a BDCA, a BDCA in the men's restroom would need to be installed or a BDCA would need to be made available in a restroom that can be used by any gender.
• The requirement would also apply to BOMA members who have restrooms available to the public.

What is the definition of Public Accommodation?

• It has the same meaning as in Title III of the American's with Disabilities Act of 1990, 42 U.S.C. Section 12181(7) and federal regulation adopted thereunder, as either are amended from time to time.
• Click here for more detail.

What is the definition of a BDCA?

• With regard to this proposal, a BDCA is a safe, sanitary, and convenient baby diaper-changing station, or similar amenity. This may include, but are not limited to, work surfaces, stations, decks, and tables in women's and men's restrooms or all-gender restrooms.

What if installing a BDCA is infeasible due to spatial or structural limitations?

• The San Francisco Department of Building Inspection can inspect and waive compliance if the Department determines that tenant or BOMA member cannot install a BDCA.

What is the time frame to comply with the ordinance? 

• Thanks to BOMA's advocacy efforts, it is now twelve months - increased from six months - if the law is enacted.

With regard to compliance, what about a building owners lease contract with their respective tenants? 

• BOMA members advocated for a clause to be included in the ordinance that the new law, if enacted, protects a building owner's respective contract agreement with their tenants. 

What about new business and public accommodations?

• If they choose to install and maintain a BDCA in a restroom available for use by women, they will also be required to do so in a restroom available by men or all genders immediately upon opening to the public.

What about new buildings or substantially renovated public service establishments?

• At least one BDCA that is open and available for use by women and one that is open and available for use by men, or a single BDCA that is open and available by all genders shall be installed and maintained.
• However, they will need to made available at each floor level containing a toilet room available for use by the public.
• Exceptions
• If a San Francisco Building official determines that a BDCA cannot be installed and comply with City, State, and Federal laws regarding access to persons with disabilities.
• If a San Francisco Building official determines that the installation is infeasible due to spatial or structural limitations.
• What is the definition of substantially renovated?
• It's limited to renovation of a toilet room and means that any addition, alteration, or repair project to the toilet rooms, performed under a building permit, with the cost of construction of $50,000 or more for the renovation of one or more toilet rooms.
• Are there signage requirements for new buildings/substantially renovated public service establishments?
• Signage at or near its entrance stating "Baby Diaper-Changing Accommodation Inside" is required.
• In a building encompassing multiple establishments and having a central directory, the location of all such accommodations will need to be indicated on the directory.

We'll keep you updated on the progress of this ordinance as it winds it's way through the final portion of the legislative process. Please email johnb@boma.com with any questions that you have and thank your fellow BOMA members for helping to advocate for the industry!

FEEDBACK REQUEST: San Francisco Lactation in the Workplace Ordinance

BOMA San Francisco members, staff, and San Francisco Business Community members have been working with San Francisco Supervisor Katy Tang (District 4 - Sunset) regarding her recently introduced proposal: Lactation in the Workplace.

Provide Your Feedback on April 5th!

NOTE that the BOMA San Francisco Government Affairs Committee will be meeting with Supervisor Tang on April 5th to discuss this ordinance. Please email the Chair of the Committee, Marty Smith at msmith@alhousedeaton.com and johnb@boma.com if you'd like to attend and provide your feedback. The measure will be moving quickly through the San Francisco City Hall legislative process in April so your involvement is appreciated.

Why Was This Ordinance Introduced?

A similar law introduced by Supervisor Tang and enacted in 2016 created a policy to help city employees transition back to work after having a child. The Lactation Accommodation Policy for city workers provides new mothers with lactation accommodations and encourage flexibility in the workplace.

The Supervisor would like the private sector to follow San Francisco's lead and help mothers as they come back to work. BOMA members feel that employees should be supported in reasonable way that makes sense to the small business tenant, building owner, and to the employees.

What Would The Law Require?

The new 2017 law, if passed, would affect the private sector:

• Requires employers to provide employees breaks and a location for lactation;
• Have employers provide a policy regarding lactation in the workplace that specifies a process by which an employee will make a request for accommodation;
• Defines minimum standards for lactation accommodation spaces;
• Requires newly constructed or renovated buildings designated for certain uses include lactation rooms;
• Amends the San Francisco Building Code to specify the technical specifications of lactation rooms for new or renovated buildings designated for certain use.

How Has BOMA Been Involved? 

We appreciate that Supervisor Tang and her staff allowed for our members, Blake Peterson, former BOMA San Francisco President and member of the Board, and Justin Sacco, Vice Chair of BOMA San Francisco's Government Affairs Committee, to provide input on her proposal early in the legislative process. 

How Could This Legislation Affect My Commercial Property?

The legislation primarily targets private sector businesses (tenants). Even so, there are requirements for new and renovated buildings that could affect BOMA San Francisco members. 

Take a look at pages 12-14 of the ordinance to determine if that is the case.

We were successful in amending the language for adding a lactation room for new/renovated buildings from a square foot requirement to a much more reasonable occupancy load specification of a given renovation project. Even so, the triggers requiring a building owner/project sponsor to add a certain number of lactation rooms, specifically for renovated existing buildings, might still be a bit too high. This happens when:

• There is a project to renovate the interior of the building;
• The gross square footage of the interior space designated for employee only use (not public) and included in the renovation project is at least 10,000 square feet;
• And, the estimated cost of the renovation project is over $500,000.

If these prerequisites are met, then the project shall include a lactation room(s) as follows:

On page 14 of the introduced measure, you'll notice that the project sponsor may fulfill the requirement above by merging the required rooms and provide one room with multiple lactation stations or multiple rooms with multiple lactation stations. 

There may be other concerns so we want to hear from our BOMA member community. Please send your comments to johnb@boma.com and plan to attend our next Government Affairs Committee meeting on April 5th. Details: https://members.bomasf.org/BOMASF/Event_Display.aspx?eventkey=GAPAC17APR. 

San Francisco's Baby Diaper-Changing Accommodation Requirement

BOMA San Francisco's Government Affairs Policy Analysis Committee (GAPAC) members have reviewed and submitted suggested amendments regarding a proposal in San Francisco requiring Baby Diaper-Changing stations in bathrooms. The ordinance was introduced by Supervisor Katy Tang and, if passed, would make diaper-changing facilities available to mothers and fathers in their
restrooms.

We appreciate that Supervisor Tang included our recommended amendment that will protect a building owner's respective contract agreement with their tenants. BOMA members were also successful in extending the time frame for compliance from six months to twelve months if the ordinance is enacted.

The legislation has been moving through the San Francisco City Hall legislative process with unanimous support from various policy committees. It is now at the Board of Supervisors for their consideration. We expect this measure to pass unanimously there as well.

Please review the information below to ensure you know what this proposal means for BOMA San Francisco building members and your tenants. Also, for compliance, please be sure to have your legal team review the measure.

What are the requirements of this ordinance?

• All business establishments and those entities that have public accommodations that maintain a Baby Diaper-Changing Accommodation (BDCA) in a restroom available for use by women will be required to install and maintain a Baby Diaper-Changing Accommodation in a restroom available for use by men OR available for use by ALL genders.
• For example, if a women's bathroom in a tenant's space has a BDCA, a BDCA in the men's restroom would need to be installed or a BDCA would need to be made available in a restroom that can be used by any gender.
• The requirement would also apply to BOMA members who have restrooms available to the public.

What is the definition of Public Accommodation?

• It has the same meaning as in Title III of the American's with Disabilities Act of 1990, 42 U.S.C. Section 12181(7) and federal regulation adopted thereunder, as either are amended from time to time.
• Click here for more detail.

What is the definition of a BDCA?

• With regard to this proposal, a BDCA is a safe, sanitary, and convenient baby diaper-changing station, or similar amenity. This may include, but are not limited to, work surfaces, stations, decks, and tables in women's and men's restrooms or all-gender restrooms.

What if installing a BDCA is infeasible due to spatial or structural limitations?

• The San Francisco Department of Building Inspection can inspect and waive compliance if the Department determines that tenant or BOMA member cannot install a BDCA.

What is the time frame to comply with the ordinance? 

• Thanks to BOMA's advocacy efforts, it is now twelve months - increased from six months - if the law is enacted.

With regard to compliance, what about a building owners lease contract with their respective tenants? 

• BOMA members advocated for a clause to be included in the ordinance that the new law, if enacted, protects a building owner's respective contract agreement with their tenants. 

What about new business and public accommodations?

• If they choose to install and maintain a BDCA in a restroom available for use by women, they will also be required to do so in a restroom available by men or all genders immediately upon opening to the public.

What about new buildings or substantially renovated public service establishments?

• At least one BDCA that is open and available for use by women and one that is open and available for use by men, or a single BDCA that is open and available by all genders shall be installed and maintained.
• However, they will need to made available at each floor level containing a toilet room available for use by the public.
• Exceptions
• If a San Francisco Building official determines that a BDCA cannot be installed and comply with City, State, and Federal laws regarding access to persons with disabilities.
• If a San Francisco Building official determines that the installation is infeasible due to spatial or structural limitations.
• What is the definition of substantially renovated?
• It's limited to renovation of a toilet room and means that any addition, alteration, or repair project to the toilet rooms, performed under a building permit, with the cost of construction of $50,000 or more for the renovation of one or more toilet rooms.
• Are there signage requirements for new buildings/substantially renovated public service establishments?
• Signage at or near its entrance stating "Baby Diaper-Changing Accommodation Inside" is required.
• In a building encompassing multiple establishments and having a central directory, the location of all such accommodations will need to be indicated on the directory.

We'll keep you updated on the progress of this ordinance as it winds it's way through the final portion of the legislative process. Please email johnb@boma.com with any questions that you have and thank your fellow BOMA members for helping to advocate for the industry!

Your Feedback is Requested - Mandatory Disability Access Improvements

BOMA members have been monitoring legislation introduced by Supervisor Katy Tang: Mandatory Disability Access Improvements.

This ordinance, if passed, would relieve tenants of any responsibility for accessibility improvements or documentation establishing a technically infeasible situation or unreasonable hardship and place it squarely on the building owners.

Additionally, this legislation would establish a Disability Access Compliance Unit within the San Francisco Department of Building Inspection (SFDBI) to monitor this program, set fees to administer it, provide guidance and advice on specific situations, as well as issue determinations of technical infeasibility or unreasonable hardship.

Click here for the legislative digest.

Our Government Affairs Policy Analysis Committee (GAPAC) recently met with Supervisor Tang and here are the concerns our members have regarding the measure, as proposed:

• San Francisco Department of Building Inspection (SFDBI) Staffing
• Ordinance compliance by SFDBI might be an issue due to workflow demand increase if this measure were to pass.
• How can building owners be assured that the turnaround time will be a fast one?
• Lease Negotiation
• Our members are concerned that allowing SFDBI to be the arbiter of ADA issues in private buildings will impede the lease negotiation process. 
• This was also an issue in 2013 when we worked with then Supervisor David Chiu on his ADA legislation: http://bomasanfrancisco.blogspot.com/2013/01/update-disability-access-ada.html
• Note that the same suggestions our members had in 2013, below, apply to this proposal:
• Education 
• Commercial property owners provide an Americans with Disabilities Act (ADA) disclosure to tenants/potential tenants to help educate them on the requirements of the ADA implications of non-compliance.
• Compliance 
• Allow a commercial property owner/tenant MORE time to correct primary entries/path of travel to ADA specific requirements in a tenant space. That is, set a due date for absolute compliance sometime farther into the future (e.g., 5-10 years) with a requirement to update primary entries/path of travel before the due date if new tenant occupies the space. 
• This suggestion was based on the San Francisco High Rise Sprinkler Ordinance passed in 1993 that had similar requirements for compliance with regard to sprinklers in high-rise buildings. 
• Lease Negotiation Process 
• Commercial property owners need to have the ability to negotiate the costs associated with any tenant improvement with the tenant. This includes any costs associated with ADA compliance. 
• Building Owner is Fully Responsible for ADA Repairs 
• From our GAPAC meeting, it’s clear this is a major source of contention with our small building owners. 
• As mentioned above, our members need to have the leeway to negotiate who pays for the tenant improvement. 
• Perhaps any mention of the owner paying for upgrades can be amended to include owner and/or lessee. 
• Technical Infeasibility 
• Readily achievable should be the term used - in other words, easily accomplished and able to be carried out without much difficulty or expense for the tenant/owner. 
• Post 2002 Building Exemption(Pg. 6; lines 11-15 – Chapter 11D; Sec. 1101D) 
• Building owner/owners authorized agent must provide a written notice of exemption that provides a construction permit application dates on or after January 1, 2002. 
• SFDBI should already have this information on file. 

As always, our members are appreciative of Supervisor Tang's early outreach to BOMA regarding this ordinance, and look forward to the continued discussion.

If you have concerns about this measure please email John M. Bozeman, BOMA San Francisco's Director of Government and Industry Affairs, at johnb@boma.com.

BOMA San Francisco Political Action Committee Update - November 5, 2013 Municipal Election

BOMA San Francisco Members:

The BOMA San Francisco Political Action Committee has been working diligently to promote good government in San Francisco.  The following is a brief update of the BOMA SF-PAC board members' efforts regarding the November 5, 2013 San Francisco Municipal Election:

• BOMA SF-PAC Endorses Proposition A – the PAC board heard a compelling presentation from the author, Supervisor Mark Farrell, that the proposition, if passed, will – over the next 30 years – fully fund the city employee/city employee retiree health plan without having to raise contributions from employees or reduce benefits. 
• The PAC also endorsed Dennis Herrera for re-election as City Attorney, along with City Treasurer, Jose Cisneros, Assessor/Recorder Carmen Chu, and District 4 Supervisor Katy Tang. 
• There was no vote or position taken on Propositions B, C, and D.

BOMA San Francisco Political Action Committee Update - November 5, 2013 Municipal Election

BOMA San Francisco Members:

The BOMA San Francisco Political Action Committee has been working diligently to promote good government in San Francisco.  The following is a brief update of the BOMA SF-PAC board members' efforts regarding the November 5, 2013 San Francisco Municipal Election:

• BOMA SF-PAC Endorses Proposition A – the PAC board heard a compelling presentation from the author, Supervisor Mark Farrell, that the proposition, if passed, will – over the next 30 years – fully fund the city employee/city employee retiree health plan without having to raise contributions from employees or reduce benefits. 
• The PAC also endorsed Dennis Herrera for re-election as City Attorney, along with City Treasurer, Jose Cisneros, Assessor/Recorder Carmen Chu, and District 4 Supervisor Katy Tang. 
• There was no vote or position taken on Propositions B, C, and D.

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.

Katy Tang - Wednesday, May 8, 2013

Carmen Chu - Thursday May 30, 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:

• CEQA reform measures before the Board of Supervisors
• Note: BOMA supports Supervisor Scott Wiener's proposal.
• Condominium conversions
• Mobile Food Facilities
• Supervisor Tang's District Focus

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.