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For purposes of this Chapter 22G, the following definitions shall apply:
“Additional Agency Approvals” means any additional permits, licenses, or other approvals from federal, state, or local regulatory agencies or any other City Department Partner that may be required to perform the Pilot Project.
“Approve” or “Approval” means the decision of the OET Director to approve a Pilot Project Proposal subject to modifications or conditions including but not limited to the applicant’s obtaining all Additional Agency Approvals.
“Charter” means the Charter of the City.
“City” means the City and County of San Francisco and all of its units or components of government.
“City Department” means any unit or component of City government, including but not limited to boards and commissions, departments, offices, agencies, or officials.
“City Department Partners” means all City Departments with jurisdiction over an Emerging Technology, the functions or activities performed by the Emerging Technology, or the physical area proposed to be used for or affected by the Emerging Technology.
“City-Owned Lot” means any real property lot owned by the City and administered by the Director of Real Estate under the provisions of Chapter 23 of this Code.
“Condition of Approval” or “Conditions of Approval” means one or more conditions of Approval of a Pilot Project imposed by OET or any conditions of approval of any applicable Additional Agency Approvals including payment of all applicable costs and fees to OET and the City Department Partners.
“Department” means the Department of Public Works.
“Emerging Technology” or “Emerging Technologies” means one or more physical objects, whether mobile or stationary, that constitute or incorporate new electronic or mobile technologies or applications of technology and which are proposed for use upon, above, or below City property and/or the public right-of-way. For purposes of this definition, characteristics of new electronic or mobile technologies or applications of technology include but are not limited to designation of the technology as a beta, test, or pre-sale product or system or application software; lacking or failing to meet written evaluation or analysis for safety purposes required to be met by any regulatory body of the United States, the State of California, or the City; and lacking or failing to meet applicable safety standards adopted or set by a government agency. Examples of Emerging Technologies may include but are not limited to powered devices, whether wheeled or non-wheeled, used for assistive, occupational, delivery, transportation, recreational, mobility, data gathering, testing, commercial, research, or other purposes.
“Emerging Technology Company” means any entrepreneur, firm, company, business, or other business entity, of whatever size or structure, whether subject to or exempt from taxation, that develops, utilizes, markets, licenses, or sells any Emerging Technology. Emerging Technology Companies shall be eligible to be a Pilot Project Sponsor under this Chapter 22G.
“Final Decision” means the final decision on the appeal of the OET Director’s action to suspend, modify, or rescind the Approval or any City Department Partner’s action to suspend, modify, rescind, revoke, or terminate any Additional Agency Approval.
“Notice to Proceed” means a written determination issued by OET and approved by the OET Director, indicating that the Pilot Project Sponsor has complied with all Conditions of Approval required to be met prior to the commencement of the Pilot Project and has provided OET with sufficient evidence of the issuance of all Additional Agency Approvals and the Pilot Project Sponsor’s compliance with all Conditions of Approval set forth in the Additional Agency Approvals.
“Notice of Suspension” means a written determination issued by the OET and approved by the OET Director, indicating that the Pilot Project Sponsor has failed to comply with one or more Conditions of Approval and the Pilot Project Sponsor lacks authorization to conduct, perform, or engage in the Pilot Project while the Notice of Suspension is in effect.
“OET” means the Office of Emerging Technology
“OET Director” means the director of the Office of Emerging Technology.
“Pilot Project” means the operation or use of an Emerging Technology upon, above, or below City property and/or the public right-of-way in the City’s jurisdiction, as authorized by OET, for a limited duration for purposes including but not limited to testing and evaluation in anticipation of potential commercial uses.
“Pilot Project Proposal” means a proposal seeking authorization to perform a Pilot Project.
“Pilot Project Sponsor” means the natural or legal person that has submitted a Pilot Project Proposal. A Pilot Project Sponsor must be an Emerging Technology Company.
“Proposed Activities” means activities proposed to be conducted, performed, or engaged in as part of a Pilot Project Proposal, including the duration of the proposed activities, the proposed locations of deployment of the Emerging Technology, and the proposed means and methods of conducting, performing, or engaging in the proposed Pilot Project.
“Public Works Director” means the Director of the Department or the Director’s designee.
“Special Jurisdiction Agencies” means the Recreation and Park Commission, the Airport Commission, and the City Department Partners with exclusive jurisdiction as set forth in the Charter including the Municipal Transportation Agency (“SFMTA”), the Port of San Francisco (“Port”), and the Public Utilities Commission (“SFPUC”). Special Jurisdiction Agencies encompass both the City Department’s governing body, board, or commission, and the City Department responsible for administering the City Department’s affairs.
“Special Jurisdiction Agency Property” means real property within the jurisdiction of a Special Jurisdiction Agency.
“Stakeholders” means San Francisco residents, businesses, community organizations, and others who have provided written notice to OET that they wish to receive any public notice of public meetings and hearings regarding Emerging Technologies.
“State” means the State of California.
“Term” means an initial period not exceeding 12 months.
(Added by Ord. 291-19, File No. 191033, App. 12/19/2019, Eff. 1/19/2020)