UPDATE: Tenant Bicycle Access in Existing Commercial Buildings Ordinance - The Next Steps

BOMA San Francisco Members:

UPDATE - May 21, 2012

The Tenant Bicycle Access in Existing Commercial Buildings Ordinance is now law.  We're honored to work with the San Francisco Bicycle Collation and Supervisor John Avalos' office to make this a reality.

Two articles were published in FM World (BIFM’s Facilities Management magazine) regarding the new law:

• San Francisco beefs up bike access laws | FM World – the BIFM’s Facilities Management magazine http://shar.es/2yUee
• Think Tank: FMs vote for cycle parking | FM World – the BIFM’s Facilities Management magazine http://shar.es/2yOi3

What are the next steps for BOMA San Francisco Members?

Please click here to access a FAQ sheet to review what this ordinance now requires of commercial building owners and managers.  BOMA members (and non-BOMA members) will, at a tenant’s request, now have to:

• Allow bicycles to be brought into the tenant space/or into a bike room on site for tenant employees only.
• A building owner and manager will have to allow bicycles in the building without restriction (e.g., no prescription on path of travel, elevator use), but if they choose to restrict full access in anyway, they must fill out a Bicycle Access Plan (BAP) and submit that document to the San Francisco Department of Environment.  NOTE: the San Francisco Department of Environment is currently developing the BAP. 
• If a building owner and manager chooses to restrict bicycle access, they must provide  parking (e.g., a bike room on site) and detail the location of the parking area and access to it in a BAP.
• OR a building owner and manager can fully restrict bicycle access to the building.
• If the building owner and manager decides to file an exemption to the BAP then they must locate no-cost secure bicycle parking (e.g., via neighboring garage) within three blocks or 750 feet - whichever is less - for all employees of a tenant who requests bicycle parking. 

The new law does not require building owners to build a bike room or dedicate a specific space for bicycle parking. It does allow the tenant’s employees to bring their bikes inside their rented space if the building owner does not provide them with a separate and secure storage area. If a building owner chooses to build a bike room, this legislation does not prohibit charging a reasonable fee for use.

If you have any questions please contact John Bozeman at johnb@boma.com or (415) 686-9652 x 116.

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UPDATE - April 26, 2012

BOMA San Francisco is honored to be the recipient of the prestigious San Francisco Bicycle Coalition (SFBC) Golden Wheel Award.  This honor will be bestowed upon the organization on June 5th from 5:30-9:00 p.m. in the Green Room, War Memorial Building (401 Van Ness Avenue).

From the SFBC:

For leading the business community in support of groundbreaking local legislation that will significantly expand bicycling as an option for employees in San Francisco. We were proud to partner closely with BOMA on the Employee Bicycle Access Bill, which was signed into law this year and ensures secure bicycle parking for San Francisco Employees. Thanks to BOMA’s support, San Francisco has the strongest bicycle access legislation in the country.

Thank you BOMA for building bridges and partnering with the San Francisco Bicycle Coalition for a stronger economy and a healthier workforce.

Please consider attending this event!  Click here for more information.

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UPDATE - April 12, 2012

BOMA San Francisco's President, Meade Boutwell, recently authored an opinion editorial that has been published in Buildings Magazine: San Francisco Approves Bicycle Parking Ordinance.

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UPDATE - March 19, 2012

On March 13, 2012, the San Francisco Board of Supervisors passed the Tenant Bicycle Access in Existing Commercial Buildings Ordinance on a 9-2 vote.  The measure now goes to Mayor Ed Lee's desk for his consideration.

NOTE - the Tenant Bicycle Access in Existing Commercial Buildings Ordinance will take effect thirty days after Mayor Ed Lee (potentially) signs the measure.  Please be sure to review the ordinance and the FAQ sheet to understand what will be required of building owners and managers regarding tenants' employee bicycle parking in an existing commercial building.  If you have any questions regarding this legislation please contact John Bozeman at johnb@boma.com or Ken Cleaveland at kenc@boma.com.   Representatives from the San Francisco Bicycle Coalition are also available to conduct a site visit of your existing bicycle parking facility to determine if it is acceptable under the requirements of the ordinance.

The San Francisco Bicycle Coalition distributed a press release on this news which quoted Meade Boutwell, BOMA San Francisco's President and part-time bicycle commuter: 

Members of the Building Owners and Managers Association are concerned about the environment and promote the use of sustainable transportation options, including bicycles. With many companies expressing the desire for bicycle parking and storage, BOMA recognizes the need to provide safe, secure parking for bicycling employees....[t]he opportunity to work closely with the San Francisco Bicycle Coalition and Supervisor John Avalos' office to increase the availability of bicycle parking options for tenants' employees, and help sustain the environment made sense.

On behalf of Mr. Boutwell and the BOMA membership, thank you to the Board of Supervisors - especially John Avalos - and San Francisco Bicycle Coalition for their leadership on the issue of bicycle parking in existing commercial buildings.

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UPDATE: San Francisco Mobile Food Facilities Permits Issue - Interactive Map of Approved and Requested Mobile Food Permits

Click here to go to an interactive real-time map of approved and requested Moblie Food Permits 

BOMA San Francisco Members:

NOTE - the San Francisco Department of Public Works (SFDPW) has been updating interested parties regarding approved and requested (i.e., Notices of Intent) Mobile Food Facilities permits.  Please bookmark the following webpage and continue to review it for updated information on the status of requested permits near your property: http://bsm.sfdpw.org/mobilefoodpermits/.

Notices of Intent (NOI) detail locations, hours of operation, and menus for a proposed Mobile Food Facility permit.  In addition to the interactive map, you can also download a list of NOI Mobile Food Facility permits by visiting the SFDPW webpage and clicking on NOI - Status.

Your BOMA San Francisco Advocacy team is continuing to work tenaciously with BOMA members, Supervisor Scott Wiener and his staff and the SFDPW staff to assuage the various issues that BOMA members have had with regard to the proliferation of Mobile Food Facilities in the Financial District and adjacent Districts.

If you have any questions or concerns, please email Ken Cleaveland at kenc@boma.com and John Bozeman at johnb@boma.com.

California Commercial Real Estate Summit - June 12 & 13

BOMA San Francisco Members: 

The California Commercial Real Estate Summit (CCRES) will be held in Sacramento on June 12 and 13, 2012.

This event gathers the industry leaders from all sectors of the commercial, industrial, and retail real estate industry to California's Capitol to meet with policymakers. The summit gives BOMA San Francisco members an opportunity to meet other industry leaders from across the nation, high-level staff from Governor Brown's Administration, and California State Legislators.

The goal of the California Commercial Real Estate Summit is to increase public policy and political awareness of state issues impacting commercial, industrial, and retail real estate, and to foster collaborative efforts among business leaders from all sectors of California and their representatives in the State Legislature.

Sponsorship opportunities are also available. Click here for more information and registration materials.

Transbay Transit Center Update: Memorial Day Street Closure of First Street between Howard and Mission Streets May 25 to May 29

  

BOMA San Francisco Members:

The Transbay Transit Center Project is making great progress.

In order to keep on schedule and continue to move this project forward, there will be a full closure of First Street between Mission and Howard Streets on Memorial Day weekend in order to install the first of three traffic bridges in the project area.

Beginning Friday, May 25th at 8:00 p.m., First Street will be closed for the duration of Memorial Day weekend and will reopen at 5:00 a.m. on Tuesday, May 29th. During this time, work is permitted for 24 hours. The work taking place will include the demolition of the existing road and concrete base, the installation of the traffic bridge using two cranes, and paving of the traffic bridge. Backup alarms on equipment and swing alarms on equipment will be set to ambient but are required by OSHA as a safety measure.

Although the Transbay Join Powers Authority (TJPA) staff will make every effort to minimize impact to neighbors around the project, the bridge installation will be a significant noise producing operation, in particular the demolition of the existing road and underground structures, and assembling and setting the bridge. In order to complete this activity under the tight time restrictions, the contractor will have to work around the clock, that include some noise-generating activities during the evening hours as well.

For general questions regarding the Transbay Project please contact Stephanie Reichin or Adam Alberti at (415) 227-9700. For site specific questions please call the TJPA hotline at (415) 409-TJPA.

San Francisco Controller's Office Report: FY 2011-12 Nine-Month Budget Status Report

BOMA San Francisco Members:

The Controller’s Office provides periodic budget status updates to the City’s policy makers during the course of each fiscal year, as directed by Charter Section 3.105. This report provides the most recent expenditure and revenue information and projections for the Fiscal Year End.

The report updates the projections provided in the Controller’s FY 2011-12 Six-Month Budget Status Report (Six Month Report) published February 13, 2012.

As shown in Table 1, below, this report projects an ending available General Fund balance of $172.4 million, representing a $43.3 million increase from the Six-Month Report projection.  

Please click here to review the entire report.

BOMA California Update - Proposition 13 Split Roll Bill Dies in Committee

BOMA San Francisco Members:

UPDATE - May 11, 2012

AB 2014 (Assemblymember Tom Ammiano, San Francisco - D) Property Taxation - DEAD 

This week, after a long run-up to an anticipated confrontation regarding split roll property tax under Proposition 13, AB 2014 the measure attempting to amend the Prop. 13 change of ownership definition was suddenly removed from a committee hearing docket and not presented.

The bill sought to set up a task force to review the change of ownership issue. However, this task force did not name anyone from the commercial real estate industry to participate and did not provide any funding to complete there assignment.  The commercial real estate industry should have a seat at the table of any discussion that suggests changes - direct or indirect - on how commercial properties are taxed.

The Assembly Revenue and Taxation Committee reports that the bill had missed an important deadline and will not move forward this year.

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Original Post - May 10, 2012

Matthew Hargrove, Sr. Vice President of Government Affairs for BOMA California (which is federated with the California Business Properties Association) updated BOMA San Francisco Government and Public Affairs Committee members recently on his efforts to protect the commercial real estate industry from egregious public policy at the state level.

Head of the table L to R: Hal Brownstone, GAPAC Chair and Matthew Hargrove

Items Discussed

Reports

• BOMA California Monthly Update Construction Codes & Standards - March 2012;
• Comprehensive Energy Efficiency Program for Existing Residential and Nonresidential Buildings;
• Keeping California's Bright Spot Shining - A Roadmap for Building 12 GW of Renewable Distributed Generation by 2020;

Legislation 

• AB 2014 (Assemblymember Tom Ammiano, San Francisco - D) Property Taxation - BOMA California's position - OPPOSE
• This bill would require the legislature to convene a task force comprised of specific citizens and officials to update work done by a similar body in 1979.   The task force would provide recommendations to the legislature regarding the definition of ownership for complex legal entities. 
• SB 1130  (Senator Kevin De Leon, Los Angeles - D) Energy Assessment: Commercial Buildings -  BOMA California's position - SUPPORT
• This bill would enact the Commercial Building Energy Retrofit Financing Act of 2012 to provide financial assistance via bonds to owners of eligible buildings for implementing energy efficiency retrofit measures for buildings.   -  
• SB 1436 (Senator Alan Lowenthal, Long Beach - D) Automated External Defibrillators (AEDs) -  BOMA California's position - SUPPORT
• This measure will retain important provisions of current law regarding voluntary placement of AEDs by removing a sunset date.  Current law has been operative for more than ten years.  Removing the sunset creates more certainty related to requirements that building owners and other voluntary acquirers of AEDs must meet in order to be immune from civil liability, likely resulting in more AED installations and greater Good Samaritan access.

BOMA California - The Voice of Commercial Real Estate in California

BOMA California preserves and promotes the interest of California commercial real estate professionals through legislative and regulatory advocacy in Sacramento.  BOMA California is a federation of all eight metropolitan BOMA local associations in California and serves as the collective membership's legislative and regulatory advocate.  

BOMA California was created in the 1980's when representatives from several metropolitan BOMA's found themselves in Sacramento at the same time, testifying on the same legislative issues affecting the commercial real estate industry. In an effort to have the industry speak with one unified voice, in a cost efficient manner and with greater authority, the leaders of several of the local associations decided to create BOMA California.

To date, BOMA California has been effective on a wide variety of issues including forced access by telecommunications companies, energy deregulation, split roll property taxes, mandatory statewide fire sprinkler retrofit requirements, toxic mold liability, enhanced disabled access requirements, and much, much more.

Urban Solutions - South of Market Tour - May 24th

BOMA San Francisco Members:

Come meet the small businesses that make San Francisco unique! Join Urban Solutions team for a guided tour of the SOMA Neighborhood and hear directly from business owners on how they are bringing their communities to life. After the tour, you'll enjoy victuals at a local restaurant.

Click here to learn more about Urban Solutions.

SOUTH OF MARKET TOUR 

THURSDAY, MAY 24 

10 am to noon 

Witness how Urban Solutions has worked to attract small businesses 

that serve the community and bring in new visitors 

The tours are free, but thank you for covering your own costs for meals. 

Send your name, title, company, e-mail address and phone number (and the same information for each of your guests) to: georgia@urbansolutionsSF.org or (415) 553-4433 ext. 104

TOUR ABSTRACT 

Tour participants will see how a produce market, credit union, a dry cleaner and optometrist’s office are making a difference in the local community.  Attendees will also view the planned site of a new police substation. Lastly, the tour leaders will detail how cultural sites like Satellite 66 and 1AM galleries play a role  in the Urban Solutions' annual 2 Blocks of Art walk. 

TOUR AGENDA 

• Meet at Bindlestiff Studio at 185 Sixth Street near Howard, the venue showcasing Filipino American performing arts;
• Walk to visit local food businesses: Small Potatoes Catering, Miss Saigon, Split Pea Seduction, Dottie’s True Blue Cafe, and Pearl’s Deluxe Burgers.

BOMA California Government Affairs Representative Matthew Hargrove Talks with BOMA San Francisco Members

BOMA San Francisco Members:

Matthew Hargrove, Sr. Vice President of Government Affairs for BOMA California (which is federated with the California Business Properties Association) updated BOMA San Francisco Government and Public Affairs Committee members recently on his efforts to protect the commercial real estate industry from egregious public policy at the state level.

Head of the table L to R: Hal Brownstone, GAPAC Chair and Matthew Hargrove

Items Discussed

Reports

• BOMA California Monthly Update Construction Codes & Standards - March 2012;
• Comprehensive Energy Efficiency Program for Existing Residential and Nonresidential Buildings;
• Keeping California's Bright Spot Shining - A Roadmap for Building 12 GW of Renewable Distributed Generation by 2020;

Legislation 

• AB 2014 (Assemblymember Tom Ammiano, San Francisco - D) Property Taxation - BOMA California's position - OPPOSE
• This bill would require the legislature to convene a task force comprised of specific citizens and officials to update work done by a similar body in 1979.   The task force would provide recommendations to the legislature regarding the definition of ownership for complex legal entities. 
• SB 1130  (Senator Kevin De Leon, Los Angeles - D) Energy Assessment: Commercial Buildings -  BOMA California's position - SUPPORT
• This bill would enact the Commercial Building Energy Retrofit Financing Act of 2012 to provide financial assistance via bonds to owners of eligible buildings for implementing energy efficiency retrofit measures for buildings.   -  
• SB 1436 (Senator Alan Lowenthal, Long Beach - D) Automated External Defibrillators (AEDs) -  BOMA California's position - SUPPORT
• This measure will retain important provisions of current law regarding voluntary placement of AEDs by removing a sunset date.  Current law has been operative for more than ten years.  Removing the sunset creates more certainty related to requirements that building owners and other voluntary acquirers of AEDs must meet in order to be immune from civil liability, likely resulting in more AED installations and greater Good Samaritan access.

BOMA California - The Voice of Commercial Real Estate in California

BOMA California preserves and promotes the interest of California commercial real estate professionals through legislative and regulatory advocacy in Sacramento.  BOMA California is a federation of all eight metropolitan BOMA local associations in California and serves as the collective membership's legislative and regulatory advocate.  

BOMA California was created in the 1980's when representatives from several metropolitan BOMA's found themselves in Sacramento at the same time, testifying on the same legislative issues affecting the commercial real estate industry. In an effort to have the industry speak with one unified voice, in a cost efficient manner and with greater authority, the leaders of several of the local associations decided to create BOMA California.

To date, BOMA California has been effective on a wide variety of issues including forced access by telecommunications companies, energy deregulation, split roll property taxes, mandatory statewide fire sprinkler retrofit requirements, toxic mold liability, enhanced disabled access requirements, and much, much more.

BOMA International Advocacy Update - ICC Code Hearings, Tax Extenders, Lease Accounting Standard

BOMA Success at ICC Code Hearings

Public hearings to consider modifications to the next editions (2015) of five of the thirteen building codes published by the International Code Council (ICC) were held in Dallas April 28–May 7. The hearings were conducted by seven code development committees with their recommendations on more than 1600 proposals to be considered in a final action hearing this October. BOMA's Codes & Standards advocacy team was on hand to represent the interest of BOMA members and the entire commercial real estate industry. Several changes with potentially significant impact to our industry were on the agenda and BOMA, working with other real estate groups, was successful in gaining committee approval of our positions.

A sampling of the modifications of most concern includes:

• A group of proposals intended to harmonize the ICC codes with the revised ADA standards which became effective in March. BOMA supported these changes and they were approved with little opposition; 
• Installation of electronic water leak detection systems on all plumbing fixtures was opposed by BOMA and disapproved by the committee; and 
• Mandatory retrofit of firefighter breathing air replenishment systems in virtually every commercial building was also proposed. BOMA joined with the National Multi Housing Council in forging an agreement with fire service representatives and others to instead insert requirements for these systems into an optional appendix which must be adopted separately by jurisdictions. 

A complete report on the hearing results will soon be posted on the BOMA website. For more information, contact Ron Burton at ronburton@ptwadvisors.com.


Ways & Means Subcommittee Holds Hearing Addressing Tax Extenders

On Thursday, April 26, the House Ways and Means Subcommittee on Select Revenue Measures held a hearing which focused on the large number of tax "extenders" that Congress continues to pass on a short term basis, one or two years at a time. Most of the provisions were last extended through the "Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010" and expired at the end of 2011. The BOMA–supported, 15–year timeline for depreciation of leasehold improvements was part of this.

At the hearing, oral testimony was limited to Members of the House of Representatives who had either introduced or co–sponsored legislation related to tax extenders during the 112th Congress. Congressman Jim Gerlach (R – Pa.), lead sponsor of the leasehold depreciation permanency bill (H.R. 1265), spoke of the measure’s importance to the economy. BOMA International submitted a statement, as did the Depreciation Fairness Coalition, of which BOMA is a lead member, encouraging extension of the 15–year depreciation provision and stating the need for it to be made a permanent part of the tax code. It is still unclear when and if Congress plans to address the extenders. However, BOMA International continues to urge their retroactive extension as soon as possible.

Coalition Urges Re–Exposure of Final Lease Accounting Standard

In an April 26 letter, BOMA International, along with 27 other industry groups, urged the Financial Accounting Standards Board (FASB) and the International Accounting Standards Board (IASB) to, among other things, fully re–expose the final proposed leasing standard for comprehensive public input and comment. In addition, the letter expressed concerns over the Boards’ handling of lessees’ accounting for costs of leases formerly classified as operating leases and requested that an economic impact study be conducted prior to implementation. In a process that began nearly two years ago, FASB and IASB continue consideration of a new standard for lessees of commercial property and continue delaying the final standard, making it difficult to speculate when this process will be concluded.

Bay Area Air Quality Management District - Boiler Requirements

BOMA San Francisco Members:

The Bay Area Air Quality Management District (BAAQMD) limits the air pollution emissions of nitrogen oxides, carbon monoxide, and particulate matter from industrial, institutional, and commercial boilers, steam generators and process heaters, all of which are collectively known as 'boilers' as well as stationary internal combustion engines (IC Engines). The Air District Inspection Staff will conduct inspections to ensure the equipment is registered or permitted and in compliance with emission standards.

Equipment Registration

Effective January 1, 2011 boilers, steam generators or process heaters with a rated heat input >2 MM BTU/hr to <10 MM BTU/hr must be registered with BAAQMD. Please click on the link below to register this equipment.

BAAQMD - Boiler, Steam Generator, Process Heater

If you have questions regarding the registration process or using the website, contact Duncan Campbell (415)749-4722 or dcampbell@baaqmd.gov.

For Boiler FAQ’s click on the link below:

BOILER FAQ’s

Permit to Operate

Boilers, steam generators or process heaters with a rated heat input >10 MM BTU/hr and IC engines with a >50 brake horsepower require a BAAQMD permit to operate. Please click on the following links for the Instructions for Completing BAAQMD Permit Application form and the BAAQMD Permit to Operate Application form.

BAAQMD – Instructions for Completing Permit Application; BAAQMD - Permit to Operate Application Form

If you have questions regarding the permit application process contact the BAAQMD Engineering Division (415)749-4990.

For IC Engine FAQ’s click on the link below:

IC ENGINE FAQ’s

BAAQMD WEBSITE