BOMA Westchester County NY Blog

BOMA International Advocacy Update - State & Local

Fri, 29 May 2020 18:01:08 GMT

State and Local

California Bill Threatens Leases, Risks Crisis for Commercial Real Estate

In an apparent effort to help struggling business owners with their rent payments during the COVID-19 emergency, California Senate Bill 939 advanced through the state’s Judiciary Committee last week, threatening to shift the burden to properties and incite a mortgage default crisis. However well-intended, the bill would allow certain businesses to walk away from their contractual obligations. SB939 establishes, for all commercial tenants in the state, a moratorium on evictions as well as a yearlong period in which no rental payments would be due. In addition, specified businesses including restaurants and bars could terminate existing leases.

The commercial real estate sector, especially in California, has been supportive of executive orders and emergency ordinances regarding rent caps, evictions and other related issues. SB939, however, grants blanket benefits to some businesses while doing nothing to address mortgage payments, payroll and utility expenses that will still be due, unfairly endangering many of the individuals and small businesses it’s intended to assist. BOMA California and the California Business Properties Association are leading an intensive effort to amend or defeat the bill and are preparing for a battle when it reaches the full state senate in the next few weeks. For more details, visit BOMA/Greater Los Angeles and the CBPA.

BOMA International Advocacy Update - Advocacy

Fri, 29 May 2020 18:00:27 GMT

Advocacy

BOMA Presses for Industry Liability Protections as Businesses Start to Reopen

As governments lift restrictions and local businesses start to reopen, there is still concern that despite the best efforts of the commercial real estate industry to promote health and safety in commercial buildings, this new environment may foster future liability issues that could stall recovery efforts. Employers are relying on the commercial real estate sector to provide the safe and healthy environments necessary to bring individuals back to their workplaces. However, the threat of COVID-related lawsuits is pervasive, requiring the need for federal and state legal protections that offer a tailored, specific legal safe harbor program for properties that follow public health rules, directives and guidelines and implement protective measures in good faith.

Liability protections have become a sticking point at the federal level in discussions over subsequent legislation, while several states have passed related bills and several more are considering similar legislation. BOMA International, with assistance from the Industry Fund, has been on the forefront of this issue, working with attorneys to assemble the best legal arguments and develop related materials. BOMA sent a letter to congressional leadership this week, and produced a talking points document and sample letter for use by the local associations at the state level.

BOMA International Advocacy Update - Emergency Preparedness

Thu, 30 Apr 2020 19:52:14 GMT

Emergency Preparedness

American Red Cross Needs Help Now

The American Red Cross is facing a critical blood shortage due to the canceling of over 9,000 blood drives across the country. As a result of these cancellations, the need for space to host blood drives is crucial and the Red Cross has reached out to BOMA International because of our longstanding partnership. In the past, BOMA members have repeatedly offered their spaces as venues for hosting blood drives—particularly in times of crisis.

Here you will find the current site requirements provided by the American Red Cross. Members interested in hosting a blood drive at their property should reach out to our American Red Cross liaison Brian Boyle at Brian.Boyle@redcross.org.

In addition to spaces to host blood drives, there is also a need for donors. If you are able, consider donating to a blood drive in your area. Please reach out to Government Affairs & PAC Manager Meg Novak with any questions.

BOMA International Advocacy Update - Energy and Environment

Thu, 30 Apr 2020 19:51:48 GMT

Energy & Environment

BOMA International Wins 13th ENERGY STAR Award

BOMA International has been notified by the U.S. Environmental Protection Agency (EPA) that it has been recognized with the 2020 ENERGY STAR^® Partner of the Year Sustained Excellence Award for continued leadership and superior contributions to energy efficiency. BOMA International now has received a total of 13 ENERGY STAR awards, making it the most decorated commercial real estate association. The Sustained Excellence award is the highest honor among ENERGY STAR awards, recognizing partner organizations that go above and beyond the recognition criteria and demonstrate year after year how energy efficiency protects public health and the environment while delivering economic benefits.

BOMA was recognized this year based on a number of notable programs and initiatives, including: conducting outreach related to the ENERGY STAR building score update; promoting the importance of ENERGY STAR as it was threatened in the federal appropriations process; the ground-breaking W² Challenge that promoted water and waste benchmarking using EPA’s Portfolio Manager^® tool; and a variety of additional, long-running energy management trainings, resources and programs. Congratulations to all BOMA members and partners for their part in achieving this honor, and congratulations to all member companies that also earned ENERGY STAR awards this year.

BOMA International Advocacy Update - State & Local

Thu, 30 Apr 2020 19:51:19 GMT

State and Local

BOMA Language Added to DHS Guidance on Essential Personnel

Recommendations from BOMA International have been incorporated into federal guidance on identifying essential personnel—a key issue during the COVID-19 emergency. As state and local governments began to implement stay-at-home orders, many turned to the U.S. Department of Homeland Security (DHS) for guidance. The Cybersecurity and Infrastructure Security Agency (CISA) of DHS had released an advisory document; commercial facilities were specified as part of the nation’s critical infrastructure, but the guidance was otherwise vague on how that related to specific personnel. BOMA sent a letter to CISA requesting revisions based on the advocacy efforts already underway by many BOMA local associations. CISA has released the latest update of its Guidance on the Essential Critical Infrastructure Workforce and it includes our suggested language word-for-word:

Workers supporting the operations of commercial buildings that are critical to safety, security, and the continuance of essential activities, such as onsite property managers, building engineers, security staff, fire safety directors, janitorial personnel, and service technicians (e.g., mechanical, HVAC, plumbers, electricians and elevator).

This DHS guidance document will likely remain an important reference point going forward. Please contact Director of State and Local Affairs Ken Rosenfeld with any questions.

BOMA International Advocacy Update - State & Local

Thu, 30 Apr 2020 19:50:35 GMT

State and Local

BOMA Releases New Tool to Track COVID-Related State Legislation

U.S. state and local governments have been at the center of the COVID-19 emergency, and BOMA local associations have been hard at work ensuring that policies both slow the spread of the virus and also allow essential services to continue. Most government actions have taken place through executive orders, but a next wave of policy activity will be coming soon as many state legislatures are still in session. Some of this activity may significantly inform commercial real estate operations, especially as governments across the U.S. consider plans for reopening businesses. As first reported in BOMA International's Insider last week, to assist members with tracking any COVID-related state legislation, BOMA International has prepared a live report that details all current bills introduced at the state level that directly relate to the pandemic. The report will automatically update with the latest information, and members are welcome to share it.

Additionally, to see a comprehensive list of non-legislative actions in your state—including executive orders, emergency declarations, travel restrictions, school closures, etc.—visit our partner, the National Governors Association. Between these two resources, you can track major actions that have already taken place in your state and stay on top of potential upcoming legislation.

BOMA International Advocacy Update - Federal

Thu, 30 Apr 2020 19:50:03 GMT

Federal

U.S. Congress Approves Additional Relief Funding

On Thursday, April 23, Congress overwhelmingly passed additional funding for the Paycheck Protection Program (PPP), the most prominent small business assistance program from the Coronavirus Aid, Relief, and Economic Security (CARES) Act, or “Phase 3” of Congress’s coronavirus response.

Intended to prop up struggling small businesses during the pandemic shutdown, the PPP ran out of funds within days of coming online. Nearly $350 billion in funds was originally available for businesses with less than 500 employees to take out loans up to $10 million. While this program was just one of many loan programs created in the CARES Act, its ability to convert into a grant if used towards payroll, rent and utilities made it a favorite among cash-strapped businesses.

Congressional leaders have since spent the last few weeks negotiating plans to infuse the program with additional funds and help protect smaller, “Main Street” businesses. These negotiations resulted in what is being referred to as “Phase 3.5.” This phase includes $380 billion for PPP and other smaller business loans; a $75 billion increase in funds for hospitals; and an additional $25 billion for COVID-19 testing. BOMA will continue to work with Congress on practical solutions as the long-term economic effects of the coronavirus shutdown impact our members and tenants.

BOMA International Advocacy Update - Federal

Thu, 30 Apr 2020 19:49:07 GMT

Federal

BOMA International Calls on Congress to Consider Industry Coronavirus Concerns

As the U.S. Congress considers additional legislation to address the COVID-19 pandemic, BOMA International is asking lawmakers to take into consideration measures that ensure both the physical safety of property professionals and tenants and the financial security of the commercial real estate industry.

BOMA’s most pressing concerns are outlined in an April 16 letter to congressional leadership, authored by BOMA International Chair Scott Jones and BOMA International President Henry Chamberlain. The key concepts were vetted by BOMA International's Government Affairs Committee Chair Geoff Wardle, BOMA Fellow, and Vice Chair Mary Lantz, LCAM, RPA, as part of their ongoing work to help BOMA formulate legislative strategies and priorities for issues affecting commercial real estate.

Specifically, we are asking Congress to consider and act on the following:

the safety of and liability protection for property owners and operators;
the need for business interruption and pandemic risk insurance;
improvements to the Paycheck Protection Program (PPP); and
inclusion of (c)(6) trade associations in the small business programs created in the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

This letter to Congress is just one of the many ways BOMA International and its members have sought to partner with the public sector to help keep Americans safe and sustain the industry. While it does not encompass all the issues the commercial real estate industry is currently facing, this communication highlights the most significant, pressing concerns as BOMA continues to advocate at every opportunity. As the situation further develops, we will continue to engage Congress directly and work with our coalition partners to identify comprehensive solutions.

BOMA International Advocacy Update - Building Codes

Fri, 28 Feb 2020 19:28:00 GMT

Building Codes

BOMA Participates on the NFPA Reconditioned Electrical Equipment Taskforce

BOMA International was invited by the National Fire Protection Association (NFPA) to have a voting seat on the Reconditioned Electrical Equipment Taskforce. NFPA requested our participation as BOMA is the only national association representing major building owners that provides members with a building and fire code presence in building-related codes and standards. The taskforce was formed by NFPA to focus on the reuse of existing electrical equipment; restoration of damaged equipment following floods, fires and other natural disasters; and for equipment that becomes outdated and reserviced in lieu of replacement. The taskforce is currently focusing on definitions that affect reconditioning to make sure they are separate from what is considered ordinary repair and maintenance. BOMA is also working to remove language that refers to individuals performing any work as being a third party. BOMA’s position is that the requirements should focus on qualifications and training, which wou ld allow building owners to perform the work with qualified in-house staff.

BOMA International Advocacy Update - Energy & Environment

Fri, 28 Feb 2020 19:27:30 GMT

Energy & Environment

Apply for Recognition as a Green Lease Leader

As BOMA members continue to lead the way on sustainability, we know that many of you are including “green” language in lease clauses and corporate guidelines. Be sure to get the recognition you deserve by applying to the Green Lease Leaders program. The deadline for the 2020 application period is March 31. Green Lease Leaders celebrates and validates leading-edge landlords, tenants, real estate teams and governments in the commercial office, retail and industrial sectors. If you’re driving higher performance in leased buildings by addressing energy efficiency and sustainability, visit Green Lease Leaders to see if you qualify for this national recognition.

BOMA International Advocacy Update - BOMAPAC

Fri, 28 Feb 2020 19:27:14 GMT

BOMAPAC

BOMAPAC Raises $20,000 at Winter Business Meeting

BOMAPAC launched its “$100K in 2020” fundraising initiative at the Winter Business Meeting. Reaching $100,000 in contributions this year is an ambitious, but entirely achievable, goal with the collective efforts of each member and BOMA local association. Our first fundraiser of the year, which took place during the meeting, exceeded all expectations and brought in $20,000—20 percent of our year-end goal. We need to continue on this path to success over the next ten months. We are asking each local association to host a fundraiser this year, and for members to consider upgrading their giving to the next level. For information on the different giving levels, please click here. You can also stay up-to-date on our progress by visiting the BOMAPAC section of BOMA.org. For more information on BOMAPAC fundraisers, please contact Government Affairs & PAC Manager, Meg Novak, at mnovak@boma.org.

BOMA International Advocacy Update - Advocacy

Fri, 28 Feb 2020 19:26:51 GMT

Advocacy

Government Affairs Committee Meeting Summary Now Available

During the 2020 Winter Business Meeting, the Government Affairs Committee (GAC) met to discuss issues of federal, state and local importance to BOMA members, as well as provide updates on energy issues and BOMAPAC fundraising. The meeting covered a vast array of topics and generated a robust discussion, especially during the state and local issues forum where BOMA Association Executives (BAEs) and local leaders compared and contrasted the trends they are facing in their respective markets. To capture the information conveyed at the GAC, we created an advocacy meeting summary document, which outlines subcommittee updates and includes new resources. Participation in our advocacy committees is an essential tool for BOMA members across the country to connect over common issues to build stronger defenses for the commercial real estate industry.

BOMA International Advocacy Update - State & Local

Fri, 28 Feb 2020 19:26:27 GMT

State & Local

BOMA Releases Policy Brief on Climate Change and Building Emissions Policies

The latest installment in BOMA International’s policy brief series, released at the Winter Business Meeting, addresses the difficult topic of climate change and how state and local governments are increasingly looking to the building sector for solutions. Climate Policies: Carbon Reduction and the Targeting of Building Emissions, focuses on the growing policy trend to dramatically increase “green” goals and initiatives without fully considering how feasible these are. While the intentions may be laudable, in some cases, the policies have centered on unfunded and unrealistic mandates related to building emissions. The policy brief aims to assist markets that haven’t yet dealt with these issues by providing background on several coordinated efforts to enact policy at both the state and local levels, as well as highlighting several large cities that have already undertaken ambitious approaches. As attention on climate change and resilience promises only to incre ase, commercial real estate can and will play a significant role, and this policy brief includes basic action steps to help ensure that related policies are fair and effective.

BOMA International Advocacy Update - State & Local

Fri, 28 Feb 2020 19:25:39 GMT

State & Local

BOMA International Joins Fight to Defeat California Split Roll Proposal

In July, we highlighted a looming confrontation over a California ballot measure on “split roll” property taxes that could potentially dismantle long-standing tax protections and result in an $11 billion tax hike on commercial real estate. For several years, BOMA California has been part of the leadership of a coalition of business groups, Californians to Stop Higher Property Taxes, that came together specifically to confront split roll efforts and now has plans in place for a multi-million-dollar advocacy campaign. At the Winter Business Meeting, BOMA International’s Industry Defense Fund (IDF) Oversight Committee unanimously approved BOMA California’s application for $100,000 in funds that will be matched by the BOMA local associations in the state. The largest award ever granted by the IDF, these funds will greatly assist overall fundraising in what is expected to be a very close ballot contest. The initiative will appear on the November 2020 ballot, and would require reassessments of commercial and industrial properties, creating a “split roll tax” because it would separate commercial from residential property. Not only would the direct effect in California be devastating to the commercial sector and particularly small businesses, but the measure also threatens to signal a dangerous precedent for other states that are looking for new revenue sources.

BOMA International Advocacy Update - State & Local

Thu, 19 Dec 2019 17:21:17 GMT

STATE & LOCAL

BOMA/Chicago Gains IDF Support in Fight to Protect Collective Bargaining

BOMA International’s Industry Defense Fund (IDF) Oversight Committee approved an application from BOMA/Chicago addressing a new city ordinance that violates the collective bargaining process and national labor policy. In July, the Chicago City Council passed a Fair Workweek Ordinance, one of the more comprehensive “predictive scheduling” laws in the nation. BOMA/Chicago disagreed with the added mandate of a waiver to get exemptions for employees covered by a Collective Bargaining Agreement—in essence, the city council is preempting collective bargaining by creating a waiver that will become a negotiated item. As the collective bargaining agent for member buildings, BOMA/Chicago is committed to defending the ability to negotiate labor contracts in good faith and defeating politically driven interference in the process.

BOMA International Advocacy Update - Energy and Environment

Thu, 19 Dec 2019 17:20:53 GMT

ENERGY AND ENVIRONMENT

BOMA Delegation Participates at Greenbuild Conference

A substantial BOMA delegation was part of last month’s Greenbuild International Conference and Expo, the massive annual gathering of “green” building professionals. BOMA International Chair-Elect Shelby Christensen and Vice Chair Mark Dukes joined advocacy staff members John Bryant, Ken Rosenfeld and Maria Balzer-Pisciotta for the event, held this year in Atlanta. BOMA International is a longtime association partner of the event, which attracts thousands of attendees, bringing together a wide variety of perspectives dedicated to sustainability in the built environment.

This year’s conference was headlined by former President Barack Obama, whose keynote remarks included an on-point reminder of the need to consider who bears the brunt of costs and mandates when developing “green” policies. The line-up of education sessions included a range of relevant topics, including zero waste, the state of the recycling market, resiliency, adaptability and the future of LEED. As always, Greenbuild served as a good opportunity to interact with contacts from partner agencies and organizations, including Mike Zatz, manager of the U.S. Environmental Protection Agency’s ENERGY STAR^® Commercial Buildings program.

BOMA International Advocacy Update - Building Codes

Thu, 19 Dec 2019 17:20:36 GMT

Building Codes

BOMA Releases Summary and Cost Analysis of the 2018 ICC Code Changes

During the 2018 ICC code development cycle, BOMA International achieved significant victories resulting in real cost savings for the industry. Overall, the average 200,000-square-foot new office construction will save $10 million in expenses thanks to the defeat of proposals that would have raised the cost of new construction and alterations by $49 per square foot—and many of these savings are also applicable to existing buildings. Additionally, several BOMA-supported proposals were approved that also reduced costs—in some cases by 20 percent.

Some of our major victories:

- Reduced inspections of mechanically operated smoke and heat vents from every year to every five years.

- The occupant load factor for business uses has been revised from one occupant per 100 square feet to one occupant per 150 square feet.

- Defeated a proposal that would have required rooftops to be considered a story in high-rise buildings.

- Defeated a proposal that would have required whole building air leakage testing of commercial and multifamily buildings based on building size, climate zone, building use and the floor area of the conditioned space.

You can view the full summary of the report here.

BOMA International Advocacy Update - BOMAPAC

Thu, 19 Dec 2019 17:20:18 GMT

BOMAPAC

BOMAPAC Fundraising Exceeds Expectations

Our fundraising efforts in 2019 broke records! This year we totaled $90,000 in contributions, a testament to the tremendous effort put forth by BOMA local associations and individual members alike. Some local associations hosted a fundraiser for the first time, while others continued to build on their fundraising efforts from previous years. BOMA/Utah raised the bar for future annual conference fundraisers with an increase of 50 percent in the amount raised compared to previous years. A special acknowledgement to Sandrena Robinson, BOMAPAC Council Chair, and Vice Chairs Manny Moreno, Cristalle Bozarth and Andy Taylor. Their guidance and tireless efforts made an incredible impact this year.

In 2020, our goal is to raise $100,000. While ambitious, with the support of each local association, we are confident we will achieve this milestone. Let’s continue to raise the bar, so that we can increase our ability to connect with the lawmakers who understand real estate’s impact on the economy on both a local and national scale.

BOMA International Advocacy Update - Federal

Thu, 19 Dec 2019 17:19:52 GMT

Federal

BOMA Makes Big Progress on Key Issues in U.S. Congress

BOMA International’s advocacy team worked tirelessly throughout 2019 to advance our legislative priorities: correcting the qualified improvement property (QIP) tax error; extending or making permanent the Commercial Buildings Energy-Efficient Tax Deduction (179D); and renewing the Terrorism Risk Insurance Program. All of these agenda items made significant progress towards the finish line this past year thanks to directly lobbying on Capitol Hill, working with our coalition partners and grassroots efforts by BOMA members.

BOMA secured an extension of 179D through 2020 (and retroactive to 2017) and ensured it would be an important component of current and future energy packages in the hopes of making it permanent in the coming year. After BOMA testified in front of the Senate Committee on Finance staff, the panel released a bipartisan report identifying 179D as a provision that should be made permanent. We have also identified champions in the House to introduce a permanent bill next year.

A bill to correct the error for QIP, formerly referred to as leasehold depreciation, was introduced in both chambers of Congress and gained broad bipartisan support. Additionally, reauthorization of the Terrorism Risk Insurance Program (TRIA) sailed through the House and is expected to be included in a year-end spending deal along with an extension of the National Flood Insurance Program (NFIP) through 2020.

Next year will be a busy one on Capitol Hill, and our efforts in 2019 laid the groundwork for success thanks to the hard work of BOMA’s advocacy team and its engaged membership.

BOMA International Advocacy Update - Energy and Environment

Thu, 31 Oct 2019 18:52:51 GMT

ENERGY AND ENVIRONMENT

Free Webinar: New Technology Solutions for Accessing Waste Data

Join us on Wednesday, November 13, at 2pm Eastern, for the next installment in the free Water and Waste Challenge (W²) webinar series. Open to all, the series is designed to provide insights and best practices to help building owners and managers improve water and waste performance. The upcoming webinar, “Solutions for Better Waste Data and Management,” will explore new technologies that can solve the often-difficult challenge of getting access to waste data. Expert speakers will help illustrate the impact that waste management has on your bottom line; the importance of benchmarking for improving performance; and new technology solutions for accessing accurate waste data.

BOMA International Advocacy Update - Building Codes

Thu, 31 Oct 2019 18:50:56 GMT

BUILDING CODES

BOMA Defends Positions During ICC Public Comment Hearings

Key members of BOMA International’s Building Codes Committee, including committee vice chair and president of BOMA/Tulsa Susan Walker, traveled to Las Vegas for the second round of hearings that will complete the 2021 International Code Council (ICC) code development cycle. Along with Susan, BOMA’s codes consultants John Catlett and Andrew Klein and Vice President of Advocacy & Building Codes John Bryant will be defending positions and making recommendations related to changes made to the International Existing Building Code, International Building Code Administration and Structural provisions, and the International Energy Conservation Code. Most of our concerns revolve around advanced energy efficiency proposals with high-cost implications and long-term paybacks. Testimony began last Wednesday and will be wrapping up this week. You can catch the hearings live at iccsafe.org/content/webcast-hearings.

BOMA International Advocacy Update - State & Local

Thu, 31 Oct 2019 18:49:55 GMT

STATE & LOCAL

BOMA/Seattle-King County Public Safety Survey Reveals Increasing Crime Concerns

Responding to mounting concerns from local property owners and managers about crime and public safety, BOMA/Seattle-King County launched a survey of its membership to verify anecdotal stories. More than 100 office buildings participated in the survey regarding the impact that crime and other safety incidents are having on tenants, employees, vendors and visitors to their buildings, and the results were bleak. The survey results grabbed the attention of a local news station, with 73 percent of respondents believing that public safety and security issues are worse than they were three to five years ago and a majority reporting experiencing at least seven security incidents per month.

Compounding the problem, properties are significantly under-reporting incidents to law enforcement because they don’t believe it makes a difference. “The information we gathered is alarming,” says Rod Kauffman, president of BOMA/Seattle-King County. “Incidents involving intimidation, property damage and refusal to leave our members’ properties are a regular and growing occurrence. I am concerned that we are reaching a tipping point. We cannot afford to wait to deal more consistently and effectively with crime.” The local association, which has a long track record of contributing to community support services, will next share its findings with local officials with the goal of identifying comprehensive solutions.

BOMA International Advocacy Update - Federal

Thu, 31 Oct 2019 18:49:15 GMT

FEDERAL

U.S. Congress Considers BOMA-Supported Terrorism Risk Insurance Extension

On October 11, the U.S. House Committee on Financial Services introduced the Terrorism Risk Insurance Program Reauthorization Act of 2019 (H.R. 4634)—a 10-year reauthorization of the Terrorism Risk Insurance Act (TRIA). TRIA is an effective, low-cost program that has broad popularity in Congress. After some pushback, we believe we have reached a compromise agreement for a 7-year extension of TRIA. Originally enacted in 2002, the TRIA program was reauthorized in 2005, 2007 and 2015. Without congressional action, the program will sunset at the end of 2020.

TRIA coverage is required for commercial real estate lending, making it a necessary component to transactions. After the events of September 11, 2001, most insurance markets were unable to predict or price terrorism coverage. Enacting TRIA in 2002 made the coverage available to commercial real estate, as well as healthcare, stadium and research facilities.

The Coalition to Insure Against Terrorism (CIAT), of which BOMA is a member, issued a letter in support of H.R. 4634, and urges Congress to promptly act on this bill. BOMA and the rest of CIAT are working hard to get TRIA reauthorized as far ahead of the 2020 expiration as possible.

BOMA International Advocacy Update - BOMAPAC

Thu, 31 Oct 2019 18:48:28 GMT

BOMAPAC

Florida Fundraisers Get BOMAPAC Closer to Year-End Goal

Earlier this month, John Bryant, BOMA International’s Vice President of Advocacy & Building Codes, traveled to Florida where he was featured as the keynote speaker at BOMA/Orlando’s monthly luncheon. During the luncheon, the local association hosted its biggest BOMAPAC fundraiser of the year, raising nearly $2,500 for the political action committee! Raising this amount of money is no easy feat and truly was a team effort. Each of BOMA/Orlando’s committees put together gift baskets to be raffled off. There was something for everyone with gifts ranging from golf gear to the perfect tailgating pack. Because this is their biggest fundraiser of the year, the excitement surrounding the fundraiser drew in 175 people!

In addition to attending BOMA/Orlando’s fundraiser, John Bryant also traveled to BOMA/Jacksonville to speak to their membership about the value of advocacy. After his presentation, he was presented with a $500 contribution to BOMAPAC. These funds were raised by hosting a 50/50 raffle for BOMA/Jacksonville’s members. This is the association's first PAC fundraiser held in recent years, highlighting their increased push to promote advocacy as a member value-add. The contributions from BOMA/Jacksonville and BOMA/Orlando put BOMAPAC well on its way to shattering yet another fundraising record.

Every dollar raised gets us even closer to the year-end goal of $90,000 in 2019 for BOMAPAC. BOMAPAC is an essential resource for amplifying our voice, increasing our reach and cementing relationships with decision makers in Washington, D.C. Thank you to everyone who helped in organizing the Florida fundraisers—especially Allyson Peters in Orlando and Rick Beaver in Jacksonville—and to those who contributed. We cannot accomplish our legislative goals without your support.

BOMA International Advocacy Update - Federal

Tue, 03 Sep 2019 20:40:56 GMT

FEDERAL

“Free Parking” Becomes an Administrative Nightmare

BOMA International is working with members of Congress and the IRS to reverse a section of the Tax Cuts and Jobs Act of 2017 (TCJA) that disallows a deduction for employers who provide parking to their employees.

This legislation maintained many common-sense tax policies for commercial real estate, such as 1031 “like-kind” exchanges, historic preservation tax credit and the expansion of 179 expensing. Unfortunately, not all of tax reform was great for commercial real estate interests. TCJA also disallowed the deduction for employers to provide parking for employees. At first glance, 26 U.S. Code Section 274(a)(4) would seem to only affect employers who pay a third party for parking in a lot, garage or reserved space. However, in late 2018, the IRS issued complex guidance which encompasses all employee parking situations, including tenants who do not pay for their unassigned office parking lots, effectively taxing many employers who have employees that drive to work. The IRS memo also provides incredibly onerous methods for building owners to determine the “cost” per tenant of free parking, including many expenses that are not typically calculated (i.e. landscaping and snow removal).

BOMA is working with members of Congress and preparing information for the IRS on how this undue administrative burden will be impossible to accurately report to our tenants for their compliance.

BOMA International Advocacy Update - Preparedness

Tue, 03 Sep 2019 20:39:48 GMT

PREPAREDNESS

BOMA/San Diego Hosts Active Assailant Drill

BOMA/San Diego recently conducted a large-scale active assailant drill, the third time it’s held this type of event. It was conducted at a downtown high-rise building, and it follows previous drills that took place at a mid-rise building and low-rise campus. The Emerald Plaza provided unique challenges due to its shared space with a hotel, the Westin San Diego. The San Diego Police Department and San Diego Fire Department broadened their tactical understanding of how best to secure a building with private and public areas. Bringing the two departments together to conduct these drills continues to be important since training in each unit is usually siloed and opportunities to train together are limited.

Planning the drill was a months-long process, but its benefits were invaluable. Conducting active assailant drills is a crucial component to any all-encompassing preparedness plan. Going through a full drill with tenants, building staff and first responders will provide each party with a better idea of what to expect should this type of incident happen. With National Preparedness Month coming up in September, now is the perfect time to plan a drill of your own. Congratulations to the members of BOMA/San Diego's Active Shooter Drill Subcommittee, who helped in planning the event: co-chairs Sonia Miró and Gary Griffin, Joel Allen, Thomas Crocker and Paris Cox.

BOMA International Advocacy Update - Sate & Local

Tue, 03 Sep 2019 20:39:22 GMT

STATE & LOCAL

BOMA/Pittsburgh Wins at Pennsylvania Supreme Court, Overturns City Mandate

In a significant victory for BOMA, the Pennsylvania Supreme Court recently handed down a ruling voiding the city of Pittsburgh’s Safe and Secure Buildings Act. This decision caps a long-fought battle led by BOMA/Pittsburgh, which was successful at every stage in the courts. The city passed the measure in 2015, requiring building owners to provide extensive, specified training to security and service personnel and even mandating who could provide the training. BOMA/Pittsburgh responded to this overreach with a years-long legal effort, which was supported by BOMA International’s Industry Defense Fund.

Ultimately the state’s highest court agreed with BOMA/Pittsburgh, ruling that the measure exceeded the city government’s authority. According to the justices’ written opinion, the “provisions simply want for any statutory authority, express or otherwise,” adding “we must conclude that no statutory provision cited by the City comes close to authorizing such requirements.” While local authority may vary across the country, BOMA/Pittsburgh’s hard-fought triumph sets an important precedent that is appreciated by all BOMA local associations.

BOMA International Advocacy Update - Sate & Local

Tue, 03 Sep 2019 20:38:20 GMT

STATE & LOCAL

BOMA Florida Victorious in Protecting Seat on Codes Commission

Facing a direct threat in this year’s state legislative session, BOMA Florida responded to secure a major win for the industry. A pair of sprawling bills were introduced aimed at deregulation of various industries, but tucked into both was language eliminating BOMA’s seat—along with several others—on the Florida Building Commission. The commission is the body responsible for the Florida Building Code, and state law prescribes a seat for “the building owners and managers industry,” even specifying that BOMA will recommend candidates. BOMA Florida pushed back with the message that whether or not the commission should be streamlined, removing one of the state’s largest industries—one that is heavily impacted by and deeply knowledgeable on code matters—was a misguided solution.

As the end of the legislative session neared, BOMA Florida President Mary Lantz testified before the state Senate Commerce and Tourism Committee on the importance of preserving this seat. Her message was reinforced the following day, which coincided with BOMA Florida’s Capital Advocacy Day, with members traveling to Tallahassee to meet with legislators. The bills’ sponsors relented, specifically assuring that the BOMA seat would remain safe, before ultimately withdrawing both bills. Congratulations to Mary and the entire Florida coalition for this significant victory in protecting the industry’s voice.

BOMA International Advocacy Update - Federal

Tue, 03 Sep 2019 20:35:29 GMT

FEDERAL

BOMA-Backed Energy Efficiency Incentive Gains Traction with Senate Leaders

Though currently expired, the Energy Efficient Commercial Building Tax Deduction (commonly referred to as 179D) is the only federal incentive for commercial building owners to increase the energy efficiency of buildings. Originally enacted in 2005, 179D allows for an up to $1.80 per square foot deduction for above code improvements in lighting, envelope and HVAC systems.

BOMA has long championed 179D as an important tool for property owners and managers to achieve advanced levels of energy efficiency, especially where the return on investment has longer-term paybacks. BOMA International President Henry Chamberlain testified last year before the House Ways and Means Committee on the importance of 179D and how the incentive has the potential to transform markets around the country.

Most recently, a bipartisan senate working group was convened to look at expired tax incentives (including 179D) to determine if they were still warranted in a post-tax reform environment. The working group unveiled their findings, specifically mentioning the support from BOMA, as they made a positive recommendation to reinstate 179D. With time running out on the congressional calendar, BOMA will continue to advocate for legislation that extends and enhances this important incentive.