Thursday, September 29, 2016

REGISTER TODAY for BOMA San Francisco's 8th Annual Emergency Preparedness Seminar - October 18, 2016






REGISTER HERE (email johnb@boma.com if you have any issues with registration)

Are you prepared for a protest near or in the lobby of your building? Have you tested your emergency preparedness plans for all possible scenarios that may occur at your property? Do you know how public agencies will respond to an emergency if a tenant calls for help? What if there is an earthquake during the workday?

BOMA’s 8th Annual Emergency Preparedness Seminar has an all-new format for you and your entire team of building professionals to become better prepared for any 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.


BOMA San Francisco’s 8th Annual Emergency Preparedness Seminar
Ferry Building
Second Floor, Port Commission Hearing Room
Tuesday, October 18th
Networking: 8:00 a.m. to 8:30 a.m.
Program (with break): 8:30 a.m. to 11:00 a.m.
Superb Food/Coffee Provided by Avigilon


REGISTER HERE (email johnb@boma.com if you have any issues with registration)

Highlights include:

Attendees will hear from federal, state and local public sector agencies regarding what YOU need to know to protect the lives of those in your building and gain resources to help YOU and YOUR TEAM be better educated and prepared for emergencies. You’ll learn from representatives from the:
  • BART Police Department
  • California Governor’s Office of Emergency Services (CalOES)
  • Department of Homeland Security
  • Federal Reserve Bank Police
  • Port of San Francisco, Homeland Security
  • San Francisco Department of Emergency Management
  • San Francisco Fire Department
  • San Francisco Police Department
Those who attend will also learn about the importance of business continuity preparedness for not only the building staff, but for your tenants. You’ll hear from representatives from the:
  • California Resiliency Alliance
  • Pacific Gas & Electric Company
  • Red Cross of the Bay Area
  • Salesforce 
Event participants will also learn how to be prepared from Directors of Security at BOMA member high-rise buildings including:
  • 101 California
  • 345 California Center
  • Embarcadero Center
  • The Ferry Building
  • The Landmark at One Market
  • Salesforce Tower West (50 Fremont) 
The preparedness field is not immune from tech disruption and we’ll have a section of seminar dedicated to how the latest technology will help YOU save lives, time and money: 
  • The Knightscope autonomous robot – a demonstration of the unit will occur at the event;
  • Hear from a start-up that provides security guards, on-demand;
  • Another start-up will demonstrate how to turn ANY device with a camera into an intelligent monitoring system;
  • Learn more about the benefits of satellite phone systems. 

REGISTER HERE (email johnb@boma.com if you have any issues with registration)

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 to strengthen your entire building teams' response to a critical incident.

The BOMA San Francisco Emergency Preparedness Committee's 2016 Annual Emergency Preparedness Seminar is generously sponsored by (in alphabetical order) – please click on their logos to visit each sponsor’s website:





Tuesday, September 6, 2016

UPDATE: All-Gender/Single User Toilet Facilities




UPDATE - August 31, 2016

This law passed recently and it applies to single-user toilet facilities in business establishments and places of public accommodation in San Francisco.

A few key things to know:
  • The measure requires that all single-user toilet facilities that are open to the public, and/or to the employees of the establishment, shall be identified as all-gender facilities and shall be made available to persons of any gender identity. 
  • Single-user toilet facility means a private toilet facility with a single toilet, or with a single toilet and a urinal and designed for use by no more than one occupant at a time, or for family or assisted use. 
  • Multiple-user toilet facilities may be identified as all-gender facilities, but are not required to be identified as all-gender.
  • Signage identifying single-user toilet facilities as all-gender must comply with either Title 24 of the California Code of Regulations or the Federal Americans with Disabilities Act.
  • Businesses and places of public accommodation were supposed to be in compliance with this ordinance by August 20th, 2016.
  • The San Francisco Department of Building Inspection will be checking for compliance with during regular building inspections.
If you have any questions please email johnb@boma.com.
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Original Post - January 16, 2016

Supervisor David Campos has requested BOMA San Francisco and business community feedback regarding a proposal to expand the number of all gender (unisex) single occupancy restrooms in San Francisco. This is at trend taking place nationwide in order to increase bathroom accessibility for all. Indeed, similar ordinances have already been passed in municipalities across the United States.

Summary

This legislation would mandate that businesses and places of public accommodation (click here and scroll to #7) designate via signage single-user toilet facilities that are available to the public or employees.

Some BOMA members would be required to update their signage if they have places of public accommodation that only have single user toilet facilities.

Click here to review the legislation and email johnb@boma.com with your comments.

IMPORTANT! San Francisco Commercial Water Conservation Ordinance Deadline for Compliance on January 1, 2017




UPDATE - August 31, 2016

Please be aware that state and local measures require all building owners in San Francisco replace old, water-wasting plumbing fixtures and repair leaks. Commercial properties have until January 1, 2017 to comply

By that date, building owners must submit a Commercial Conservation Affidavit to the San Francisco Department of Building Inspection (DBI), verifying that all fixtures currently installed at time of their self-inspection are water efficient and code-compliant. Commercial property owners must replace any existing fixtures that exceed the following maximum water use rates:
  • Showerheads must not exceed a maximum flow rate of 2.5 gallons per minute (gpm)
  • Faucets and faucet aerators must not exceed a maximum flow rate of 2.2 gpm
  • Toilets must not exceed a maximum flow rate of 1.6 gallons per flush (gpf)
  • Urinals must not exceed a maximum flow rate of 1.0 gpf
For more information on how to comply with San Francisco’s Commercial Conservation Ordinance, visit www.sfwater.org/commercialconservation or www.sfdbi.org/commercialconservation or call DBI’s Plumbing Inspection Division at (415) 558-6058.

The San Francisco Public Utilities Commission (SFPUC) continues to help properties save water through fixture rebates for the replacement of non-compliant toilets and urinals (program ends December 31, 2016); free water-efficient showerheads and aerators and standard toilet leak repair parts; free Water-Wise Evaluations; and other assistance. Visit www.sfwater.org/conservation or call (415) 551-4730 for more information about the SFPUC’s conservation services.

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Original Post - August 5, 2014

Working with BOMA San Francisco, the City of San Francisco enacted a Commercial Water Conservation Ordinance in 2009 that requires all commercial property owners to provide certain water conservation measures for their buildings by January 1, 2017. The intent of this law is protect natural resources, address increasing demand for water, and cut greenhouse gas emissions through reduced water use. The required improvements also will reduce water and sewer costs for commercial properties.

It is advantageous for all commercial property owners to comply with the requirements now. Even though the  statutory deadline is in 2017, the savings in water and sewer costs typically pay for themselves within one to three years.  The following information is a summary of the requirements found in Chapter 13A of the San Francisco Building Code (SFBC).

Who Must Comply?

On or before January 1, 2017, all owners of:
  • Commercial buildings;
  • Any portion of a residential building, which is used for commercial purposes;
  • Any portion of a residential building converted to a tourist hotel;
  • Any portion of a residential building which is occupied as a hotel or motel unit and which has a certificate of use for tourist occupancy;
  • Any building or portion thereof which is a live/work occupancy
  • Mobile homes.
Owner’s compliance is also required when one of the following situations occurs:
  • Building Additions
    • If a building addition will increase the floor area of the building by more than 10 percent, the entire building must comply as a condition for issuance of a Certificate of Final Completion and Occupancy.
  • Building Alterations and Improvements
    • If the cost estimated in a building permit for an alternation or improvement is greater than $150,000, compliance is required in all facilities that serve the specific area of alteration or improvement and is a condition for issuance of a Certificate of Final Completion and Occupancy or final permit sign off.
  • Alternations or Improvements to Rooms with Water Conservation Devices
    • If an alteration or improvement of any cost is located in a room that contains a faucet, shower, water closet (toilet), or urinal, compliance is required in that room as a condition for issuance of a Certificate of Final Completion and Occupancy or final permit sign off.
Please click here for more information about what the law requires.  If you have any questions, please call SFDBI's Plumbing Inspection Division at (415) 558-6570.

For more information on financing options, efficient toilet and urinal rebates, and free water-efficient device which can help achieve compliance with the water conservation ordinance, please contact the San Francisco Public Utilities Commission at (415) 551-4730 or click here.

Wednesday, August 31, 2016

VOTE! BOMA SF-PAC Voter Guide for the November 8, 2016 Election




BOMA San Francisco's Political Action Committee's Voter Guide
November 8, 2016 Election

Did you know that BOMA San Francisco has a Political Action Committee that campaigns for candidates and issues that promote the economic vitality of the industry and the City and County of San Francisco?

The BOMA SF-PAC is looking forward to the November 8, 2016 election and our members have already endorsed candidates for elected office and taken positions on the following propositions in San Francisco (click here to learn more about the various measures). If you are a registered voter in San Francisco, please reference this guide when you vote!

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




NO POSITION --- Proposition A - School Bonds                                                
OPPOSE --- Proposition B - City College Parcel Tax                        
SUPPORT --- Proposition C - Loans to Finance Acquisition and Rehabilitation of Affordable Housing                                          
OPPOSE --- Proposition D - Vacancy Appointments    
SUPPORT --- Proposition E - Responsibility for Maintaining Street Trees and Surrounding Sidewalk
NO POSITION --- Proposition F - Youth Voting in Local Elections
NO POSITION --- Proposition G  - Police Oversight
OPPOSE --- Proposition H - Public Advocate
NO POSITION --- Proposition I - Funding for Seniors and Adults with Disabilities
SUPPORT --- Proposition J - Funding for Homelessness and Transportation 
SUPPORT --- Proposition K - General Sales Tax 
OPPOSE --- Proposition L - MTA Appointments and Budget  
OPPOSE --- Proposition M - Housing and Development Commission
NO POSITION --- Proposition N - Non-Citizen Voting in School Board Elections
SUPPORT --- Proposition O - Office Development in Candlestick Point and Hunters Point
SUPPORT --- Proposition P - Competitive Bidding for Affordable Housing Projects on City-Owned Property
SUPPORT --- Proposition Q - Prohibiting Tents on Public Sidewalks
SUPPORT --- Proposition R - Neighborhood Crime Unit
NO POSITION --- Proposition S - Allocation of Hotel Tax Funds
OPPOSE --- Proposition T - Restricting Gifts and Campaign Contributions from Lobbyists 
SUPPORT --- Proposition U - Affordable Housing Requirements for Market-Rate Development Projects
NO POSITION --- Proposition V - Tax on Distributing Sugar-Sweetened Beverages
OPPOSE --- Proposition W - Real Estate Transfer Tax on Properties Over $5 Million
OPPOSE --- Proposition X - Preserving Space fo Neighborhood Arts, Small Businesses and Community Services in Certain Neighborhoods

Regional Proposition

SUPPORT --- Proposition RR - BART Safety, Reliability and Traffic Relief

CANDIDATE ENDORSEMENTS














UPDATE: San Francisco Fire Code Changes Could Impact Commercial Property Owners




UPDATE - July 29, 2016

After a few meetings with the San Francisco Fire Department (SFFD) and BOMA San Francisco's Codes and Regulations Committee leaders, the concerns regarding this potential impact have been assuaged:
  • The current Notice of  Violation (NOV) process, impacts to BOMA members and how, together, BOMA and SFFD are working to make the NOV process easier and comprehensible.
    • The NOV is the new Notice of Correction. BOMA members will monitor the process with the SFFD and address issues as they arise. SFFD is willing to make the process as pain-free as possible for BOMA members every step of the way.
  • Craft NOVs, both Standard and Priority
    • The SFFD is willing to work with BOMA members to craft an NOV form that makes sense for both BOMA members AND their tenants since both parties are affected. 
    • The best news is the a NOV will not automatically stop all permitted work in a building.
  • SFFD will make sure that our members receive a pre-inspection checklist for the commercial building owner AND tenant to reduce NOVs.
    •  SFFD stated that some building owners are not getting involved with tenant violations and that the tenant must deal with it themselves. This has increased the SFFD workload.
    • The pre-inspection checklist will help reduce the SFFD workload by notifying both constituencies about common issues found BEFORE SFFD inspects. 
  • The $240 re-inspection fee for Notice of Violation, Standard for owners and tenants in commercial buildings is waived.
    • Although if on the second, fee-free, inspection the NOV has not been resolved, the fee will apply. This is absolutely reasonable. 
    • If your NOV Standard escalates to a Priority, the fee will apply. 
  • Large, unattractive posters will not be posted on a building’s entrance for common NOV Standard violations. NOV Priority , e.g., imminent life safety issue, yes. 
If you have received an NOV and have questions, please feel free to email johnb@boma.com


--------------------
Original Post - June 30, 2016

BOMA San Francisco's Codes and Regulations Committee recently discovered a code change from San Francisco Fire Department (SFFD) Fire Marshal, Dan DeCossio. The update was passed unanimously at the San Francisco Board of Supervisors and it will change the way the SFFD will conduct inspections of all buildings - both residential and commercial:
  • There will no longer be a Notice of Correction (NOC) given out for minor fire code violations. Instead, two levels of NOVs (Notice of Violations) will be handed out, Priority and Standard. Both NOVs could potentially hold up the issuance of other permits in buildings that receive them.
    • It is unclear at this point how the Fire Department will be handling these infractions, and if there will be any type of differentiation taken between high rise buildings versus multi-tenant residential buildings; the latter was the focus of the legislation.
    • The Fire Department acknowledges that mandating the issuance of unwarranted NOVs in fully-sprinkled high rise buildings would redirect their resources where they are less likely to achieve the goal of reducing residential building fires. 
  • Supervisor Scott Wiener, the author of the legislation, also acknowledges that he didn’t identify the difference between types of buildings that were to be more stringently inspected by the Fire Department when he wrote his legislation.
  • BOMA staff believes that Mr. Wiener may be willing to amend the original ordinance that could clarify the the intent of the measure: Better, more transparent, fire safety inspections of residential buildings . 
Stay tuned for additional updates in the near-term as our members intend to meet with Supervisor Wiener and his staff to discuss this issue further. If you have any questions or concerns, please contact kenc@boma.com and johnb@boma.com 

Friday, July 29, 2016

IMPORTANT! FEEDBACK NEEDED: Transportation Demand Management Ordinance Impact to Non-Residential Space




UPDATE: July 29, 2016

There is a change being proposed to the Transportation Demand Management (TDM) Ordinance that will now - if passed - impact existing buildings who change the use of 25,000 sq. ft. or more of non-residential space and require the building owner to do an assessment on the traffic impacts the change will generate. The Planning Commission is set to hear it August 4, 2016.

Please email kenc@boma.com and johnb@boma.com with any feedback you may have.

About TDM


The Transportation Demand Management (TDM) Program is designed to work with developers to provide more on-site amenities that will encourage smarter travel options so people can get around more easily without a car. These choices are better for the environment, help manage congestion, help to reduce risks to pedestrians and cyclists, and improve the overall efficiency of our transportation network.

A series of development-focused TDM measures are intended to “shift” more typical car-dependent travel practices by providing reliable alternatives, such as:

Delivery services
Bicycle amenities
Subsidized transit passes

The TDM Program would apply to nearly all types of new development and changes of use. The end result: more sustainable transportation options for a building’s tenants, employees, residents, and visitors, which benefits not only the local neighborhood, but the City as a whole.

Frequently Asked Questions

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

UPDATE - April 21, 2016

On March 3, 2016, San Francisco Planning Commission adopted a new resolution to immediately update the environmental review process with the state-proposed guidelines that modernize the way city officials measure the transportation impacts of new development projects.

For decades, environmental analysis of transportation impacts focused on how quickly cars moved through a given intersection, a flawed approach that was expensive to calculate, did little to benefit the environment and promoted urban sprawl rather than smart infill growth. The new approach is more comprehensive, looking at the method of travel, how far the person is going, and how many other people are in the vehicle to determine the impact on the environment.

The resolution to take immediate action represents the Align component of the Transportation Sustainability Program, a three-part citywide policy initiative to help transportation keep pace with growth in the city.

More Updates


Introduction of Transportation Demand Management: SHIFT

On February 11, 2016, Planning Department staff provided a brief overview on the Transportation Sustainability Program’s SHIFT component, the proposed Transportation Demand Management (TDM) Ordinance. TDM describes strategies or measures that incentivize sustainable ways of getting around. These types of travel choices are good for the environment, help manage congestion and improve the efficiency of the transportation network. The City is working on shifting travel choices as San Francisco grows, making it easier for new arrivals to take transit, bike or other efficient travel methods rather than moving to the city with a car.

On April 28, 2016, Planning Department staff will initiate a Planning Code Amendment for the TDM Ordinance. In addition, the TDM project team will be presenting the Ordinance to various neighborhood Citizen Advisory Committees this spring. Please see below for a list of the upcoming meetings before the Ordinance will be introduced at the Board of Supervisors.

Visit our Shift page for the executive summary and a copy of the presentation that was provided at the February 11th Planning Commission hearing. We intend on updating this page soon with more information related to the TDM Ordinance, so please stay tuned.


Thursday, July 21, 2016

BOMA California Advocacy Report: Two Significant Americans With Disability Act (ADA) Lawsuit Reforms




California has 40 percent of the nation’s ADA lawsuits but only 12 percent of the country’s disabled population. So over the last few years BOMA California members have worked closely with legislators and the Governor to move forward reforms that curb lawsuit abuse while promoting increased compliance with disable accessibility codes.

The effort is the culmination of a multi-year, bipartisan effort, that included leadership from state level elected officials and federal support coming from Senator Dianne Feinstein.

The first, in 2012, was SB 1186. The law:
  • Reduced statutory damages and litigation protections for defendants who correct violations.
  • New provisions to prevent stacking of multiple claims to increase statutory damages.
  • Banned demands for money and created new rules for demand letters.
  • New pleading with specificity requirement for demand letters and complaints.
  • State Bar review of demand letters; violation of demand letter and demand for money provisions would begrounds for attorney discipline.
  • Mandatory evaluation conference at option of either defendant of plaintiff.
  • Mandatory notice to property tenant of CASp status of the property.
  • California Commission on Disability Access (CCDA) to receive copies of complaints and demand lettersand tabulate data on top ten types of violations alleged.
  • CCDA to promote and facilitate accessibility compliance.
  • Required information regarding disability access compliance upon renewal of business license.
  • New add-on fee of $1 to business license fee to strengthen CASp program and develop educational and training resources at state and local level to promote compliance.
Among other things, this measure: prohibits pre-litigation demands for money by attorneys; puts into place new provisions to prevent “stacking” of multiple claims to increase statutory damages; reduces statutory damages and provides litigation protections for defendants who correct violations; and establishes priorities for the California Commission on Disabled Accessibility that promote and facilitate disability access compliance.

The second, signed into law in 2016, was SB 269 (Roth) which:
  • Establishes a presumption that certain technical violations are presumed to not be a cause for action.
  • Applies to small businesses (25 or fewer employees).
  • Business has 15 days to correct the violation.
  • Technical violations include non-access issues such as wording and placement of signs, lack of signs, order of signs, color of signs and parking stripes, paint issues (faded, chipped, etc) on otherwise compliant parking spaces, certain warning surface issues.
  • The law States that the above presumption affects the plaintiff’s burden of proof and is rebuttable by a preponderance of the evidence showing that the plaintiff did, in fact, experience difficulty, discomfort, or embarrassment on the particular occasion as a result of one or more of the technical violations.
  • Protects certain businesses from liability for minimum statutory damages in a construction-related accessibility claim made during the 120 day period after the business obtains an inspection of its premises by a CASp, under specified conditions.
Among other things, this bill finally gives businesses a chance to address and fix certain violations – and actually into compliance - before heading in court. 

Together these two laws are a step toward helping more properties become compliant with ADA laws and actually increase accessibility, while minimizing unnecessary lawsuits.

BOMA International Advocacy Update: ENERGY STAR® Data Access Feature, Advocacy Webinar Access, and Lighting Energy Efficiency in Parking




New ENERGY STAR® Data Access Feature

The U.S. Environmental Protection Agency’s (EPA) ENERGY STAR® Portfolio Manager® is a great tool for benchmarking commercial building performance—and it is a key part of submitting your property to the BOMA 360 Performance Program. Luckily, using it is now easier than ever. EPA has compiled a list of all known utilities that provide customers with benchmarking data, either in spreadsheet format or directly through their Portfolio Manager accounts. You can also search for your local utilities using the interactive map on the ENERGY STAR website. Simply type in your building’s zip code to find out if your electric and gas utilities provide benchmarking information.

Free Advocacy Issues Webinar Archive Available

Did you miss the live broadcast of BOMA International’s advocacy webinar? Not to worry—the free, hour-long webinar is now available online for on-demand viewing. Tune in at your convenience to learn more about the key legislative and regulatory issues facing commercial real estate, as well as what BOMA International staff is doing to make the industry’s voice heard on Capitol Hill and in the agencies. The webinar includes a rundown of what to expect from Congress during the remainder of this election year.

Deadline to Submit to LEEP Campaign Approaching

Time is running out for your building to take the LEEP! The awards submission deadline for the CCampaign is June 15. The LEEP Campaign, a Better Buildings Alliance initiative organized by BOMA International and other industry groups, is a recognition and guidance program designed to encourage facility owners and managers to take advantage of savings opportunities by installing high-performance, energy-reducing lighting in parking lots and garages. Joining the campaign gives members access to cost-saving tools and the technical expertise of the Department of Energy (DOE). The DOE provides participants with all the information needed to decide which technologies work best in their parking lots.


Winners will be recognized this October at the Greenbuild International Conference & Expo in Los Angeles. For more information, visit www.leepcampaign.org.

Wednesday, July 20, 2016

BOMA California Advocacy Update: 2016 California Commercial Real Estate Summit




Recently, the annual California Commercial Real Estate Summit (CCRES) was held in Sacramento and attended by over 100 real estate leaders - including BOMA San Francisco - who converged on California’s Capitol to advocate on behalf of the commercial, retail, and industrial real estate industry.  Fifteen teams of real estate advocates met with half of the state Legislature to talk about split roll property tax, American's with Disabilities Act issues and much more.

The focus of this year’s CCRES was support for Proposition 13 and opposition to moving forward with proposals to allow a split roll property/parcel tax.  Reports back from members who met with Legislators ranged from support of Proposition 13, to vague understanding of its provisions, to questions of an alternative to split roll.  The objective of each team was to explain the day-to-day realities of the real estate industry and how protections from unfettered property tax increases has meant the difference between success and failure. Members also tried to explain how the state’s stable tax structure benefits our tenants and the state’s small businesses.

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.

Thank you to those BOMA San Francisco members who attended.

About the California Business Properties Association



CBPA is the designated legislative advocate for the International Council of Shopping Centers (ICSC), NAIOP of California, the Commercial Real Estate Developers Association (NAIOP), the Building Owners and Managers Association of California (BOMA), the Retail Industry Leaders Association (RILA), the Institute of Real Estate Management (IREM), the California Downtown Association (CDA), the Association of Commercial Real Estate – Northern and Southern California (ACRE), the National Association of Real Estate Investment Trusts (NAREIT) and the California Association for Local Economic Development (CALED). CBPA currently represents over 10,000 members, making it the largest consortium of commercial real estate professionals in California.

Tuesday, July 19, 2016

FEEDBACK REQUESTED: California AB 802 Benchmarking Draft Regulations




BOMA San Francisco Members:

Please click here to review the draft regulations for the AB 802 Benchmarking Program that were released recently.

On Friday, July 22nd, there is a workshop to discuss these regulations and any feedback/concerns/suggestions, you can provide by that time would be very much appreciated. Our BOMA California representative plans on attending the meeting so please feel free to send me any thoughts and comments you may have regarding the proposed regulations from full blown analysis to minor comments - they want them all - and will synthesize it into formal and verbal feedback.

This will be of interest to anyone that is responsible for benchmarking, energy, and potentially escrow, so please pass along to anyone that may care.

As you may know, BOMA California (via the California Business Properties Association) has been working with the California Energy Commission (CEC) on this regulation and have been generally supportive of the direction it has been heading. BOMA supported the repeal of AB 1103 and its replacement with AB 802, a much more flexible statute that addresses many of the issues with the prior program. Even so,  implementation may not be perfect so please send any comments you may have. The earlier BOMA expresses concern and points out issues that may not work in the real world, the easier it is for CEC staff to address them.

Please send all comments to Matthew Hargrove at mhargrove@cbpa.com


Below is a piece  that compares/contrasts the prior statute with the current statute for your reference

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Benchmarking Regulations Continue to Move in Positive Manner

As many of you know, the mandatory California Benchmarking law recently went through a significant change, in response to voluminous complaints from all sectors of the commercial real estate industry.

Your Sacramento staff has been working closely with the California Energy Commission to provide input on proposed regulations to implement the building energy use data access and public disclosure provisions of Assembly Bill 802 (Williams, Chapter 590, Statutes of 2015).

AB 802 completely repeals and replaces the older statute (referred to as AB 1103) the commercial real estate industry supports the state’s benchmarking law and supported the actions taken by the Legislature and the Governor to repeal AB 1103 – a law that was creating significant implementation issues – and replace it with AB 802.

Here is what has changed statutorily moving from the now repealed AB 1103 to the new AB 802 law:
  • AB 1103 mandated ALL buildings must be benchmarked regardless of size or use; AB 802 states that buildings 50K s.f. and above must be benchmarked and allows the Energy Commission 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 we recommend you comply with the current provisions of AB 1103 until then). AB 802 provisions will become operative on January 1, 2017 – the CEC will write regs 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. However, we recommend that you continue to benchmark buildings on a regular basis as it makes good business sense.


Apture