Your Participation is Requested on December 3rd: How Will New California Energy Laws Impact Your Building?

BOMA San Francisco Members:

Many of you have asked how two new energy laws SB 350 and AB 802 will impact the commercial real estate industry and your buildings.

The California Energy Commission is hosting a webinar on these measures in December that you, as members of BOMA, may want to participate in and/or make sure that your colleagues know about the opportunity.

AB 802 is the bill that allows for below code energy projects and re-writes the mandatory benchmarking statute. BOMA California supported this measure.

SB 350 is the measure that requires that California doubles its energy efficiency. BOMA was neutral on this measure after amendments were taken to clarify the goal and process.

Both of these measures set up a regulatory process that our industry will be active and engaged in. BOMA California members feel confident that if our they work with the CEC and other state agencies charged with implementing these measures that the end result can be very positive for our the commercial real estate industry. 

However, if the industry does not focus the appropriate resources and attention on these processes, the potential of complicated and onerous regulations that hamper your ability to efficaciously manage properties could result.

Click here to register for the webinar. Details:

Please join the Statewide Energy Efficiency Collaborative (SEEC) on Thursday, December 3rd from 12:30-1:30 for a webinar on SB 350 and AB 802, featuring CEC Commissioner Andrew McAllister and Commissioner David Hochschild. Participants will have the opportunity to hear from CEC leadership about these new laws and how they fit in with the State's overall energy goals, learn about how these laws will impact local governments, and ask questions.

Better BART. Better Bay Area. - BART Addresses Crowding Issues

Take a moment to view this short but dynamic video on how BART is currently addressing their crowding issues. The BART Communications team put it together to show the ways BART vehicle mechanics are working collaboratively to repair old train cars in their fleet, which were once considered scrap. The repair crew’s efforts will ultimately increase the percentage of train cars in service from the daily average of 86% to an unprecedented 89%. Click here to see the video or read the article

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Building a Better BART is the plan to repair and replace your 43-year-old train system’s deteriorating rail, corroding tunnel walls and aging speed control equipment. The goal is rebuild the decades-old infrastructure in order to maintain BART’s excellent safety record, increase train reliability, reduce traffic and protect our environment in the years to come. Visit: www.bart.gov/betterbart.

San Francisco's Tree Maintenance and Financing Proposal

San Francisco's Department of Public Works (SFDPW) plants and maintains street trees, issues planting and removal permits to residents, and provides emergency tree response.

Recently, BOMA San Francisco members met with Supervisor Scott Wiener to discuss a potential proposition where street tree maintenance would be transferred to the SFDPW and paid for via a parcel tax on land owners. The tree maintenance transfer program would allow for SFDPW to maintain 100% of the City's street trees. At present, fronting property owners are responsible for the maintenance of street trees in the public right of way. 

Click to enlarge.

The proposal suggests a new parcel tax for all property owners depending on the parcel size:

Click to enlarge.

Please click here for more details of the proposal and rationale and send any questions or comments to kenc@boma.com.

BOMA California Advocacy Report: Benchmarking law AB 1103 Repealed; Replaced with AB 802

AB 802 is the bill that repeals AB 1103 and re-calibrates the regulatory process and addresses a number of complaints our industry has had about since AB 1103 was in the California State Legislature. Namely:

• AB 1103 mandated ALL buildings must be benchmarked regardless of size or use; AB 802 states that buildings 50K sq/ft and above must be benchmarked and allows the California Energy Commission (CEC) some discretion to exempt certain building types and situations (i.e. the CEC could decide that long-term empty buildings or buildings scheduled for razing need not be benchmarked).
• AB 1103 was a transaction based program – benchmarking was triggered by a sale/lease of whole building/refinance. The transaction based approach had many unintended consequences such as requiring actively managed building to be benchmarked more often than buildings that are not; put an unnecessary technical process in the middle of a real estate transaction; and required benchmarking be provided to parties that were not making management decisions (i.e. lenders); AB 802 allows the CEC to determine the best trigger for benchmarking – that could be transaction based or time certain (i.e. once every two years).
• Under AB 1103 many building owners were unable to get tenant energy information from local utilities; AB 802 clarifies that utilities are required to provide information in an aggregated format if there are privacy concerns in multi-tenant buildings.
• AB 1103 treated income producing properties separately by only focusing on commercial; AB 802 – with the support of the Apartment industry - includes certain multi-family housing properties.
• AB 1103 provisions will be suspended as of the end of this year (until otherwise notified BOMA California recommends that members comply with the current provisions of AB 1103 until then). AB 802 provisions will become operative on January 1, 2017 – the CEC will write regulations to implement in 2016.

There will be no statewide energy use disclosure requirement in 2016. During this time, Energy Commission staff will engage in a public process to develop regulations and establish the reporting infrastructure for the new program. BOMA MEMBERS MUST ENGAGE IN THIS PROCESS.

BOMA International Advocacy Update: New ADA Legislation Introduced

On October 20, U.S. Representative Ted Poe (R-Texas) introduced H.R 3765, the ADA Education and Reform Act of 2015, to amend the Americans with Disabilities Act of 1990 to curb the practice of so-called drive-by lawsuits.

The legislation calls for a notice and cure period prior to the commencement of any ADA noncompliance lawsuit, which would allow businesses the opportunity to identify and remedy alleged accessibility violations before engaging in lengthy and costly legal battles. The bill also includes a provision to treat vague and misleading demand letters as an unlawful practice punishable by a fine.

BOMA International sent Rep. Poe a letter of support commending him for introducing this legislation and thanking him for his leadership on this issue. If you have a story about “drive-by” lawsuits that illustrates the importance of this legislation, please e-mail BOMA International's Manager of Advocacy Dylan Isenberg at disenberg@boma.org.

UPDATE: San Francisco's Transportation Sustainability Program and Transportation Sustainability Fee

UPDATE - October 30, 2015

BOMA San Francisco members and staff continue to monitor this legislation.

A recent San Francisco Examiner article sums up the most recent discussion, earlier this month. At this point, it appears that commercial office developers with projects in excess of 100,000 square feet will see an increase of the fee from $18.04 to $19.04 per square foot.

Note that BOMA San Francisco's Government Affairs Committee members will meet with the San Francisco Municipal Transportation Agency (SFMTA) staff in charge of implementing this fee and program, as well as SFMTA Director, Ed Reiskin. The meeting will take place on November 4th, at 12 noon.

Please email johnb@boma.com if you are interested in attending this important gathering.

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UPDATE - September 30, 2015

At a recent meeting of the San Francisco Board of Supervisors’ Land Use and Transportation Committee, there was a debate regarding the proposal to change the current Transit Impact Development Fee (TIDF) into a Transportation Sustainability Fee (TSF) and to apply it to all new developments except affordable housing projects.

The San Francisco Municipal Transportation Agency (SFMTA) proposal would increase fees for a majority of new developments - including commercial projects where the fee would increase from $12.06 per square foot to $18.04 per square foot. Activists feel that this fee should be higher and the proposal incorporate other changes. 

The suggested amendments include reducing the discount for projects already underway and not allowing the SFMTA to specify that 60% of the proceeds from the new TSF go to maintenance of San Francisco's transit system. The SFMTA is concerned that raising these fees higher than proposed, both for commercial, residential, and other projects could stymie the growth in San Francisco.

If you have any questions or concerns, please email kenc@boma.com and johnb@boma.com. BOMA developer members have been asked to provide their thoughts and we would appreciate your feedback if you feel that any increase in the TSF than what is proposed by the SFMTA, below, would affect your project - or future projects - adversely.

The SFMTA proposal will be heard again at the San Francisco Board of Supervisors’ Land Use and Transportation Committee on October 5th.

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Original Post - September 24, 2015

BOMA staff met recently with representatives from the City and County of San Francisco regarding the upcoming Transportation Sustainability Program (TSP) and Transportation Sustainability Fee (TSF). 

The Transportation Sustainability Program is about keeping people moving as the City grows. Smart planning and investment will help ensure that San Franciscans are able to arrive safer and more comfortably at their destinations now and in the future.  

The proposed Transportation Sustainability Fee will help fund upcoming transportation changes (see below) by:

• Creating a citywide transportation fee on new development;
• Update to existing Transportation Impact Development Fee (TIDF) – expands applicability to include market-rate residential development and certain large institutions.

What Will the TSP Do?

The Transportation Sustainability Program is made up of three components:

• Enhance Transportation to Support Growth
• Fund citywide transportation improvements, like more Muni buses and trains, to help accommodate new residents and jobs. Find out more.
• Modernize Environmental Review
• Make the review process align with the City’s longstanding environmental policies by changing how we analyze the impacts of new development on the transportation system under the California Environmental Quality Act (CEQA). The new practices will be more reliable and emphasize travel options that create less traffic. Find out more.
• Encourage Sustainable Travel
• Make it easier for new residents, visitors and workers to get around through methods other than driving alone by integrating environmentally friendly travel into new developments. New practices will provide on-site amenities so people have better options than driving their car by themselves, such as car sharing and shuttle services. Find out more.

Representatives from the City and County of San Francisco will be presenting this information to BOMA San Francisco's Government Affairs Committee on November 4th. If you are interested in attending, please email johnb@boma.com for the meeting details.

UPDATE: REGISTER NOW - BOMA San Francisco's Emergency Preparedness Seminar on October 14, 2015 at the Ferry Building

UPDATE - October 7, 2015

REGISTER HERE

REGISTER HERE

Please note that we’ve confirmed SFFD Chief Joanne Hayes -White who will kindly provide the opening remarks at the October 14th seminar. If you haven’t registered, please do so soon. BOMA’s preparedness leaders are putting the finishing touches on this event that will deliver valuable information to you and your company.

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Original Post - October 2, 2015

BOMA San Francisco Members and Partners:

REGISTER HERE

BOMA’s Annual Emergency Preparedness Seminar has an all-new format for you and your entire team of building professionals to become better prepared for an emergency. Whether you are a building owner/property manager, engineer or part of a building’s security team, you’ll get information relative to your position and how you can better prepare for emergencies with the building staff.

REGISTER HERE

Highlights include:

• Super Bowl City preparedness tips from BOMA members affected by the weeklong event in early 2016;

• The best practices and lessons learned from BOMA’s recent Emergency Preparedness Drill with the San Francisco Police and Fire Departments at the Ferry Building. The exercise simulated an improvised explosive device event during the weekly farmer's market.

• So much more!

REGISTER HERE

The program is presented as part of BOMA's Emergency Preparedness Committee’s commitment to educate members on the best emergency preparedness strategies and will show how simulated emergencies can strengthen your entire building teams' response to a critical incident.

The BOMA San Francisco Emergency Preparedness Committee's 2015 Annual Emergency Preparedness Seminar is generously sponsored by (in alphabetical order):

BOMA Has Answers to Your ADA Compliance Questions

BOMA San Francisco Members:

Have you scheduled alterations, renovations, tenant improvements or are planning a new construction project? Did you know your project may be impacted by the ADA regulations that took effect in March 2012? The Guide to the 2010 ADA Standards details the requirements (and exceptions) for ensuring that your building is within ADA compliance.

This essential guidebook covers all of the updated ADA standards for:

1. Accessible routes
2. Employee work spaces
3. Restrooms
4. Reach ranges
5. Parking garages
6. Restrooms
7. Recreation facilities

AND … It includes updated ADA policies and practices impacting: 

8. Service animals
9. Power-driven mobility devices
10. Communication services (including remote video interpreting)

Save yourself time and headaches by skipping the Internet search and going straight to BOMA International, the leading source of in-depth, accurate information for commercial property managers and owners for over 100 years.

Save 20% when you order BOMA International’s ADA Guidebook before the end of October 2015.

UPDATE: San Francisco Stormwater Design Guidelines

UPDATE - September 30, 2015

The San Francisco Public Utilities Commission’s (SFPUC) Urban Watershed Management Program (UWMP) has been working over the past year to implement regulatory-driven updates to the 2010 Stormwater Design Guidelines (Guidelines). We are pleased to present you with the Final Draft of the newly named Stormwater Management Requirements and Design Guidelines (SMR) and the associated appendices for your review. Some of the major changes include:

• The threshold at which projects must comply with the SMR has been redefined. In the 2010 Guidelines, projects disturbing 5,000 square feet or more of the ground surface were subject to the requirements. In the revision, projects creating and/or replacing 5,000 square feet or more of impervious surface are subject to the requirements.
• Small Projects are regulated in separate sewer areas under the 2015 SMR. Small Projects (those creating and/or replacing 2,500-5,000 square feet of impervious surface) must implement one or more Site Design Measure(s). Projects of this size were not regulated in the 2010 Guidelines.

The changes above have been made for regulatory compliance. There are additional changes throughout the document that reflect the knowledge gained through five years of implementation of the Stormwater Design Guidelines. Our goal is to provide a resource that outlines the stormwater management requirements clearly while providing technical assistance and inspiration for green infrastructure design that is beautiful and functional.

The team would appreciate feedback on the technical content of the text, its general clarity, and the overall completeness of the document. Understanding that we all have busy schedules, this is merely an opportunity to comment and comments are not required. Feel free to concentrate your review on relevant sections.

Please submit your comments via email using the Stormwater Management Requirements Comment Sheet, included in the linked folder below. Comments are due to Polly Perkins (pperkins@sfwater.org) by COB Friday, Oct 9th.

The documents can be downloaded from: https://sfpuc.sharefile.com/d-s6286a375ff841f38

Thank you in advance for your help in making the Stormwater Management Requirements and Design Guidelines clear, useful, and inspiring.

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UPDATE - July 31, 2014

BOMA San Francisco Members

Please click here to view a Stormwater Design Guidelines presentation to BOMA San Francisco's Codes and Regulations Committee members recently. Also discussed at the gathering was the SFPUC Non-Potable Water Guidebook, as several BOMA members have expressed interest in non-potable water reuse.

If you have any questions please feel free to reach out to:

Mike Adamow
Urban Watershed Management Program
Wastewater Enterprise
San Francisco Public Utilities Commission
525 Golden Gate Ave., 11th Floor
San Francisco, CA 94102
madamow@sfwater.org | 415-934-3904

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Original Post - April 14, 2010

BOMA San Francisco Members:

Thank you for your feedback on the San Francisco Stormwater Management Ordinance that would amend the San Francisco Public Works Code to require the development and maintenance of stormwater management controls for specified activities that disturb 5,000 square fee or more of the ground surface including, but not limited to, the construction, modification, conversion, or alteration of any building or structure and associated grading, filling, excavation, change in the existing topography, and the addition or replacement of impervious surface.  The measure will also create a Stormwater Management Plan to verify that no additional run-off will be created by a new development/project, and that any such new run-off is being properly treated or mitigated in an approved fashion.

UPDATE! - As of April 14, 2010

After reviewing the ordinance, your BOMA San Francisco Advocacy Team and Codes and Regulations Committee members have determined that this measure--approved by the San Francisco Board of Supervisors on April 13, 2010--will have a minimal  impact on the BOMA San Francisco membership.   

You can download a copy of the ordinance, here, and the stormwater design guidelines, here.

What are Stormwater Design Guidelines?

The Port of San Francisco (Port) and the San Francisco Public Utilities Commission (SFPUC) are developing the San Francisco Stormwater Design Guidelines (“Design Guidelines”).  The Design Guidelines will improve San Francisco’s environment by reducing pollution in stormwater runoff in areas of new development and redevelopment. The Design Guidelines will be applied in areas of San Francisco served by separate storm sewers that discharge directly to local lakes or San Francisco Bay.  Given current trends in development, at this time mostly Bay waterfront parcels will be affected.

Please click here to review the Stormwater Design Guidelines.

What is stormwater runoff and why is it a concern?

Stormwater runoff is rainwater that flows over the land surface and through collection pipes.  In vegetated areas such as forests, fields and wetlands, rainwater seeps slowly into the ground, limiting runoff.  However, when rain falls on paved concrete and other hard (impervious) surfaces such as those found in most of San Francisco, it runs off quickly and is conveyed by pipes and other drainage features.  Though starting as relatively pure rainwater, stormwater runoff collects pollutants as it flows over impervious surfaces.  For example, runoff from parking lots picks up oil and grease from leaking engines, copper from worn brake linings, and zinc from tires. Although most runoff in San Francisco flows into the combined sewer system and receives treatment at the city’s two sewage treatment plants, there are a few areas in the city that discharge directly into  San Francisco Bay or other surface water such as Lake Merced without receiving any treatment.  These polluted stormwater flows can be detrimental to aquatic and other life.  The Design Guidelines will help improve San Francisco’s environment by reducing pollution in water that runs to the bay or other waters from newly constructed facilities.

How can San Francisco help reduce the detrimental impacts of stormwater runoff? 

One way to help reduce the detrimental impacts of stormwater runoff is by changing the way we approach new construction.  New development and redevelopment projects can be designed to minimize pollutant exposure within the project area.  Through careful pre-construction planning and designing, new development and redevelopment projects can be built to:

• Minimize impervious surfaces, which would allow more rainfall to soak into the ground
• Reduce the volume and intensity of storm water runoff, which would reduce flows that end up in the receiving waters 
• Convey and treat storm water runoff using landscape features and other “green” systems  to provide treatment to the pollutants in the runoff

Studies performed around the world show that proactive site planning and design is the most cost-effective approach for reducing stormwater pollution.

What is San Francisco doing to address stormwater impacts associated with new development and redevelopment projects?

As the owners and operators of San Francisco’s storm drain systems, the Port and the SFPUC have teamed to develop the San Francisco Stormwater Design Guidelines.  The  Design Guidelines will apply to new development and redevelopment in areas of San Francisco served by separate storm sewers (e.g., storm sewers that discharge directly to receiving waters).   The Port and the SFPUC invite you to participate in the development of the Design Guidelines.

Is San Francisco required to develop Stormwater Design Guidelines?

Yes - a Clean Water Act discharge permit administered by the State Water Resources Control Board requires local agencies to develop programs for the control of stormwater runoff for the life of a project (“post-construction control” of stormwater).  The Design Guidelines will comply with the mandate of this permit, while at the same time providing a vehicle through which planners, designers, engineers and developers can work together toward a more sustainable city.

REGISTER NOW - BOMA San Francisco's Emergency Preparedness Seminar on October 14, 2015 at the Ferry Building

BOMA San Francisco Members and Partners:

REGISTER HERE

BOMA’s Annual Emergency Preparedness Seminar has an all-new format for you and your entire team of building professionals to become better prepared for an emergency. Whether you are a building owner/property manager, engineer or part of a building’s security team, you’ll get information relative to your position and how you can better prepare for emergencies with the building staff.

REGISTER HERE

Highlights include:

• Super Bowl City preparedness tips from BOMA members affected by the weeklong event in early 2016;

• The best practices and lessons learned from BOMA’s recent Emergency Preparedness Drill with the San Francisco Police and Fire Departments at the Ferry Building. The exercise simulated an improvised explosive device event during the weekly farmer's market.

• So much more!

REGISTER HERE

The program is presented as part of BOMA's Emergency Preparedness Committee’s commitment to educate members on the best emergency preparedness strategies and will show how simulated emergencies can strengthen your entire building teams' response to a critical incident.

The BOMA San Francisco Emergency Preparedness Committee's 2015 Annual Emergency Preparedness Seminar isgenerously sponsored by (in alphabetical order):