July 11, 2007                                                      Volume 13, Number 5

This issue of the BOMA-San Francisco Advocate is Brought to You By
475 Sansome Street

San Francisco Mayor Issues New Green Building Recommendations
Mayor Gavin Newsom will receive the final report from his Green Building Task Force July 11th which outlines how the city should move forward with adopting "green building standards" for new construction, remodels and tenant improvements. The report recommends that new commercial construction over 25,000 square feet be LEED-certified beginning in 2008, and LEED Silver in 2009-11 and LEED Gold in 2012, based upon the current rating requirements issued by the Green Building Council, or similar accredited organization. Commercial Tenant Improvements between 5,000 and 25,000 square feet will be required to achieve certain points on the LEED checklist, beginning in 2009 which gradually increase each year. Incentives recommended include: faster permit processing, low or no permit fees, greater FAR or heights for new projects, and tax breaks for certain green components. New "green" guidelines were also issued by the Task Force for residential construction. Implementation will require separate city ordinances to be passed. To read the complete report and recommendations, click here.

Small Business Community Initiates City Ballot Measure to Guarantee Adequate Parking
Armed with the fact that parking spaces are disappearing in the City, and that the lack of convenient, affordable parking has become a huge issue for many small businesses, and has hurt their sales, the Council of District Merchants will place a measure on the city's November ballot which will require that a minimum number of parking spaces be included in all new developments, both commercial and residential. The measure will require new residential developments to include at least one parking space per unit, except in the downtown area, where 3 spaces per four units will be the new minimum. Also would allow residents to building parking garages in their own homes without restrictions. For more information or a complete copy of the proposed ordinance, go to www.morecityparking.com.

Energy Issues Top BOMA California's Agenda
BOMA California has been tracking the proceedings at the California Public Utilities Commission for several years, and has made progress in getting our concerns addressed as commercial office building energy consumers. Energy costs are a huge factor in the day-to-day operation of office buildings, usually around 30%-40%, so any gains in getting rates reduced or excessive charges eliminated can translate into huge savings for both building owners and their tenants. BOMA California has been focused on five key areas:

> Stopping excessive demand charges, such as the Critical Peak Pricing proposal
> Promoting voluntary demand reduction programs which focus on energy efficiency programs such as BEEP (BOMA's Energy Efficiency Program) and PECI's retro-commissioning program for buildings
> Pushing for rate fairness for commercial office buildings
> Pushing for the right to sub-meter tenants directly as landlords
> Pushing for the right to purchase electricity on the open market for any supplier

BOMA California has been assisted in this effort by a grant from BOMA International's Industry Fund, and is seeking a second authorization for 2008.

Community Choice Aggregation – BOMA Says No Thanks!
BOMA's Board of Directors recently endorsed a resolution opposing the city's attempt to establish a city-run and managed electricity pool, entitled Community Choice Aggregation (CCA). Their decision was based on two recent studies (one by the City Controller's office, the other by the Bay Area Economic Forum) that concluded there was no way the city could guarantee lower electricity prices, nor a more stable source of electricity than the current provider. Thus, to switch out of the current system without such assurances was not prudent, in the opinion of the BOMA Board. The resolution urged BOMA members to opt out of the CCA when it is presented to them by the City. To read the full resolution, click here.

BOMA Supports Fire Department Bulletin Requiring Special High Rise Elevators in New Construction
BOMA San Francisco's Codes and Regulations Committee met several times with Assistant Fire Chief and City Fire Marshal Barbara Schultheis to hammer out the details of a bulletin the Fire Department will soon release calling for the installation of specialized elevators in all new high rise buildings over 200'. These pressurized elevators must protect firefighters against fire, smoke and water but can be used by building occupants when not being used by firefighters in an emergency. Installing such high-rise elevators will allow firefighters more immediate access to fire areas than having them walk up dozens of flights of stairs, and it will remove the requirement to install the controversial air replenishment piping system in new buildings. For a copy of the final bulletin, click here.

District Attorney Kamala Harris Speaks to BOMA Government Affairs/PAC Boards
San Francisco's District Attorney, Kamala Harris, recently spoke to BOMA's political leadership at a combined meeting of the association's Government Affairs Committee and Political Action Committee.
Ms. Harris gave an overview of the state of the District Attorney's office and the results of her efforts to modernize and streamline the systems.  She also mentioned some of her "success stories". To read the complete description, click here.

San Mateo Supervisor Jerry Hill Announces Candidacy for CA Assembly
BOMA's Political Action Committee members met with San Mateo Supervisor Jerry Hill on June 25th to discuss his candidacy for the state legislature. Hill is running for the CA Assembly seat currently held by Gene Mullin, who will be termed out the end of next year. Mr. Hill has already picked up a substantial list of endorsements from area politicians, community leaders, and BOMA members such as Robert and Andrew Batinovich of Glenborough Corporation. He is also expecting to receive a "dual endorsement" from the local Labor Council. Mr. Hill stated his support for retaining a strong Ellis Act, did not support split roll taxation, rent control, or the indiscriminate use of eminent domain. He was a strong supporter of property owners' rights, and of "appropriate economic development." Hill stressed his experience in government, especially in the areas of local government, transportation, housing and the environment. He is very supportive of high speed rail to San Francisco, and serves on the Transbay Terminal Joint Powers Board, in addition to being a member of both the Caltrain and Samtrans boards. He was recently appointed to the California Air Resources Board by Governor Schwarzenegger. Jerry Hill is a San Francisco native, a graduate of UC Berkeley, and received his teaching credentials from San Francisco State University. For more information go to www.VoteJerryHill.com.

New Rules Issued for San Francisco Healthcare Ordinance
San Francisco's Office of Labor Standards Enforcement and its Public Health Department have issued draft rules for the implementation of the Health Care Security Ordinance mandating healthcare coverage for all residents. Firms with 50 or more employees (who are not currently providing healthcare coverage) are expected to begin paying for this coverage January 1, 2008. Firms with 20-49 employees will begin paying into the Healthy San Francisco program April 1, 2008. Employers with less than 20 employees and non-profits with 50 or fewer employees are exempt. Notices and links to the draft rules are contained below.

The Health Care Ordinance is very detailed, but the pending litigation by the Golden Gate Restaurant Association opposing the employer payment mandate may eventually change these rules or make them unenforceable. For a copy of the draft Regulations, click on the link below:
http://www.sfgov.org/site/olse_index.asp?id=45168. Other resources include: OLSE website: www.sfgov.org/site/olse, and the Health Dept website: www.sfhp.org/HealthySanFrancisco. 

CA Assembly Member Fiona Ma Hosts Golf Tournament August 31 at Harding Park
San Francisco Assembly Member Fiona Ma will be hosting a fundraising golf tournament at the city's PGA level course at Harding Park on Friday, August 31st, with a shot-gun start beginning at 10 a.m. This is our opportunity to help a business-friendly member of the legislature while having fun doing it! The cost to play is $1,000 per person, but any amount can be contributed up to $3,600. Click here for the registration form.

BOMA + IUOE Local 39 Begin Contract Talks
Officials from BOMA San Francisco and the Stationary Engineers Local 39 exchanged opening proposals on July 2 for a new agreement covering office building engineers.  The present contract is due to expire August 31, 2007; negotiations begin in earnest next month.  BOMA members have the choice of being represented by the Association during contract talks, or, negotiating a new agreement for their facility on their own when BOMA's negotiations are concluded.  If you have not yet provided a signed form indicating your choice, please send the form immediately to Wendy via fax at 415.362.8634.