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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)
(a) Establishment. The Office of Emerging Technology is hereby created within the Department and shall be headed by the OET Director, who shall be appointed by the Public Works Director and who shall meet the qualifications for staffing of OET in subsection (b).
(b) Staffing. OET shall be staffed with experienced and qualified technology professionals or experts or those who have experience with or knowledge of San Francisco’s unique community values and regulatory environment.
(c) Mission and Purposes. OET shall have the mission and purposes set forth in this subsection (c).
(1) Serve as an initial point of contact, akin to a “front door,” and a continuing point of contact and central repository of information and expertise, for members of the public and prospective operators of Emerging Technology to engage with the City regarding Emerging Technology issues, to enable members of the public and Emerging Technology Companies to seek and provide information, express viewpoints, and receive feedback regarding Emerging Technologies.
(2) Develop evaluation criteria and collaborate with other City Departments regarding the testing, evaluation, and regulation of Emerging Technology within the City.
(3) Facilitate communication among Emerging Technology Companies, San Francisco residents, and local businesses.
(4) Research the effects of Emerging Technology on the City’s resources, residents, and businesses, and support responsive policy development in areas such as equity, accessibility, privacy, and the responsible and sustainable use of data.
(5) Foster smart forecasting through collaboration with subject matter experts outside of City government including but not limited to academic and policy makers and administrators from government agencies separate from the City, consistent with the civil service provisions of the Charter.
(d) Collaboration and Outreach. OET shall work with City Departments, including but not limited to the Real Estate Department, as defined in the Administrative Code, and the Special Jurisdiction Agencies; other governmental entities; Emerging Technology Companies; non-government organizations; members of academia; community members; and other interested parties and Stakeholders to formulate best practices for addressing new and evolving regulatory issues and questions regarding Emerging Technologies.
(e) Powers and Duties. OET shall have the powers, responsibilities, and duties set forth in this subsection (e).
(1) Emerging Technology Front Door. OET shall provide informational resources to Emerging Technology Companies to help enable such businesses to determine which permitting, regulatory, and other requirements may be applicable to the operation of the Emerging Technology in San Francisco. OET shall be the City’s point of contact for providing information to and facilitating dialogue among Emerging Technology Companies and San Francisco residents, workers, local businesses, visitors, and other members of the public regarding Emerging Technologies. In addition, OET shall solicit and receive feedback regarding comments, ideas, and concerns about Emerging Technology.
(2) Testing, Evaluation, and Data Collection and Sharing. OET shall strive to provide Emerging Technology Companies with consistent and agile processes for safely developing, operating, and testing products and services in public spaces. OET shall research, design, and implement methods for testing, evaluating, and measuring the effects of Emerging Technology and shall coordinate City Department efforts to develop data collection and evaluation criteria regarding the effects of Emerging Technology on San Francisco residents and City resources and infrastructure. OET shall collaborate with other City Departments regarding the testing, evaluation, permitting, and regulation of Emerging Technology within the City, and data collection and sharing methods and protocols. Subject to the authority of Special Jurisdiction Agencies and other applicable limitations set forth in state law, the Charter, and/or any agreement between OET and the City Department Partners, upon request from the OET Director, each City Department Partner shall share data regarding Emerging Technologies, Emerging Technology Companies, Pilot Projects, or Proposed Activities, in the possession of such City Department Partner, with OET for purposes consistent with this Chapter 22G
.
(3) Evaluation of Proposed Pilot Projects. OET shall receive Pilot Project Proposals in a format approved by OET and any applicable City Department Partner, and shall be authorized to deny or Approve a Pilot Project Proposal, as described more fully in Section 22G.4, subject to the Pilot Project Sponsor’s compliance with all conditions of approval including but not limited to any requirements imposed by any applicable City Department Partner and obtaining all Additional Agency Approvals. OET shall not exercise decision-making authority over activities within the jurisdiction of the Special Jurisdiction Agencies, unless otherwise authorized by such agency.
(4) Thought Leadership and Policy Development. OET shall: (A) investigate, research, and consult subject matter experts regarding the development, usage, and effects of Emerging Technology on the City’s resources and residents, particularly the most vulnerable members of the San Francisco community including seniors, children, economically disadvantaged individuals, and persons with mobility or other medical or health limitations; (B) support responsive policy development in areas such as equity, accessibility, privacy, and responsible and sustainable use of data; (C) focus on and monitor existing and evolving accessibility standards; and (D) make and provide support for recommendations to the Board of Supervisors, the Mayor, and other City Departments regarding amendments and updates to the Municipal Code and City regulations and processes to address the challenges posed and opportunities presented by Emerging Technologies.
(5) Communication. OET shall research, develop, and apply best practices to facilitate communication and share information regarding Emerging Technologies among City departments, Emerging Technology Companies, and Stakeholders. OET shall maintain a list of Stakeholders and notify such Stakeholders of any public hearings and meetings called by OET, and also may notify Stakeholders of other meetings or developments regarding Emerging Technologies. OET may in its discretion treat as Stakeholders persons or entities who do not meet the definition of Stakeholder in Section 22G.2.
(6) Forecasting. OET shall endeavor to create partnerships with businesses, organizations, educational institutions, and government agencies separate from the City to learn from deployments of Emerging Technologies outside of San Francisco and related Emerging Technology trends. OET shall endeavor to help build relationships with and among Stakeholders by hosting gatherings, forums, and presentations about Emerging Technology priority issues facing San Francisco.
(Added by Ord. 291-19, File No. 191033, App. 12/19/2019, Eff. 1/19/2020)
(a) Pilot Project Approval Required. To operate an Emerging Technology upon, over, or under City property or the public right-of-way, the Emerging Technology Company must obtain Approval of a Pilot Project Proposal from the OET Director, comply with all conditions of the Approval, and receive a Notice to Proceed.
(b) Exemptions. Notwithstanding any provision of this Section 22G.4, an Emerging Technology Company shall be exempt from the requirement to obtain Approval from the OET Director if the Emerging Technology Company demonstrates to the OET Director’s satisfaction that the Proposed Activities are, in their entirety, independently authorized by federal law or State law, or if the Proposed Activities are entirely within the jurisdiction of one Special Jurisdiction Agency, or if the Proposed Activities are entirely within the jurisdiction of more than one Special Jurisdiction Agency and are governed by an agreement approved by each applicable Special Jurisdiction Agency.
(c) Pilot Project Proposals. Emerging Technology Companies are eligible to submit Pilot Project Proposals in accordance with this Chapter 22G
.
(d) Limited Term Approval. OET shall have the discretion to Approve a Pilot Project Proposal that requires City authorization or permission to use or occupy public property, including but not limited to a City-Owned Lot, or a public right-of-way for a Term. The use or occupation of public property includes use and occupation upon, above, or under public property. OET shall be authorized to Approve one extension of the Term for up to an additional 12 months, provided the Pilot Project Sponsor has complied with all applicable conditions of the Approval of the Pilot Project and such an extension is contemplated and not prohibited by any Additional Agency Approval.
(e) Expiration of Pilot Project Authorization. The authorization for the Pilot Project shall automatically cease, and no longer be operative, upon any of the following circumstances:
(1) the expiration of the Term of the Pilot Project, if OET does not extend the Term as permitted in subsection (d); or
(2) if OET extends the Term of a Pilot Project as permitted in subsection (d), upon the expiration of the Term as extended; or
(3) before the expiration of the Term as initially set or extended, if required by any applicable Additional Agency Approval.
(f) Pilot Project Applicant Must Obtain All Additional Agency Approvals. The OET Director’s Approval of a Pilot Project Proposal shall not preclude or supersede any requirement to obtain any Additional Agency Approval required to perform the Pilot Project. This Chapter 22G
does not implicitly repeal any requirements for Additional Agency Approval otherwise required by law.
(g) Pilot Projects on City-Owned Lots. The Director of Real Estate may approve the use of City Lots for a Pilot Project under the provisions of Chapter 23 of this Code. Alternatively, the Director of Real Estate may approve the use of City Lots for a Pilot Project under the provisions of this Chapter 22G
, in which case the Director of Real Estate is authorized to establish, in consultation with the OET Director, rules and procedures for doing so
(h) Fees. The fee for the initial application for review of a Pilot Project proposal and for any renewal application (“Pilot Project Review Fee Deposit”) shall be $2,006, payable to the Department. The Pilot Project Review Fee Deposit shall be due at the time of application and shall be paid in addition to any other applicable fees authorized pursuant to the Municipal Code, including without limitation Public Works Code Section 2.1.3, which shall be payable separate from the Pilot Project Review Fee Deposit as such additional costs are incurred by OET and City Departments in the administration of the Pilot Project. Beginning with fiscal year 2021-2022, the fee set forth in this subsection (h) may be adjusted each year, without further legislative action, in the following manner. Within the later of six months from the effective date of this Chapter 22G
or the end of the first fiscal year containing the effective date, OET shall report to the Controller the revenues generated by the fees for the then-current fiscal year and the costs during that fiscal year of establishing and maintaining OET and implementing the requirements of this Chapter, as of the date of the report, which date can be earlier than the date of the submittal of the report to the Controller, as well as any other information that the Controller requests based on the Controller’s determination that the information would assist in the performance of the Controller’s duties set forth in this Chapter. No later than August 1, 2020, the Controller shall determine whether the existing fees have produced or are projected to produce revenues sufficient to support the costs of establishing and maintaining OET and implementing the requirements of this Chapter and any other services set forth in this Chapter and that the fees will not produce revenue that is significantly more than the costs of providing such services. The Controller shall adjust the fees upward or downward for the fiscal year subsequent to the then-current fiscal year, as may be necessary to ensure that the program recovers the costs of operation without producing revenue that is significantly more than such costs. The adjusted fee shall first become operative on July 1, 2021.
(i) City Department Coordination. OET shall coordinate among City Department Partners to identify applicable Additional Agency Approvals and to develop criteria, rules, procedures, and forms for designing, permitting, and implementing Pilot Projects to test the effects of Emerging Technologies on City resources and San Francisco residents, businesses, and visitors.
(j) Application Submittal. Emerging Technology Companies or other users of Emerging Technologies shall be eligible to submit an application to operate a Pilot Project to OET. The application shall be submitted in a form and manner approved by OET, and shall contain all information and data required by OET, and shall describe the Proposed Activities.
(k) Application Review. OET shall identify all applicable City Department Partners, and shall refer the application for the review of those City Department Partners.
(1) If the Proposed Activities fall entirely within the jurisdiction of one Special Jurisdiction Agency, OET shall refer the application to that Special Jurisdiction Agency for its review and decision-making and such application shall not be subject to further application review under this Chapter 22G unless such Special Jurisdiction Agency elects to follow the procedures and requirements set forth in this Chapter or agrees to the Office’s review of the application under this Chapter. Any Proposed Activities determined to be within the exclusive jurisdiction of the SFMTA shall be subject to and governed by the requirements set forth in Division II of the Transportation Code.
(2) Where the Proposed Activities do not fall entirely within the jurisdiction of one City Department Partner, OET shall consult with all applicable City Department Partners and shall determine whether the Proposed Activities warrant approval of a Pilot Project. The OET Director’s evaluation of the Proposed Activities shall consider factors including but not limited to:
(A) the Guiding Principles expressed in Board of Supervisors Resolution No. 102-18 and reiterated in Section 2 of the ordinance in Board File No. 171123, establishing this Chapter 22G;
(B) the effects of the Emerging Technology on public health, safety, welfare, and convenience;
(C) whether the Emerging Technology and/or the Proposed Activities are likely to have a measurable economic and/or social impact in the three- to ten-year period following the use of the Emerging Technologies;
(D) effects of the Emerging Technology on the labor market; and
(E) whether the Emerging Technology is regulated to the extent required to protect public health, safety, welfare, and convenience, and public spaces.
(3) OET shall not Approve the Pilot Project with respect to the portion of the Proposed Activities on Special Jurisdiction Agency Property if the applicable Special Jurisdiction Agency has notified OET in writing of its denial of permission to proceed with the Proposed Activities on the applicable Special Jurisdiction Agency Property.
(l) Approval Decision.
(1) Application May Be Approved, Approved With Modifications, Denied, or Partially Denied. After the application has been reviewed, the OET Director shall Approve the application, Approve the application with modifications, deny the application, or deny the application in part if the Special Jurisdiction Agency has provided written denial of permission to proceed with the Proposed Activities on Special Jurisdiction Agency Property.
(2) Additional Agency Approvals May Be Required. If an Additional Agency Approval is required before the Pilot Project may proceed, the OET Director’s Approval of the Pilot Project shall require the applicant to obtain all required Additional Agency Approvals prior to the issuance of a Notice to Proceed. OET shall use reasonable efforts to facilitate and coordinate the review of Pilot Project applications by and among City Department Partners.
(3) Pilot Project Parameters Based on Coordination With City Department Partners. OET shall coordinate with the City Department Partners to develop the conditions and parameters of the Pilot Project, including the dates and times of the Pilot Project, the locations at which the use of the Emerging Technology will be authorized during the Pilot Project, and the criteria for evaluating the effects of the Emerging Technology on City infrastructure and resources and San Francisco residents.
(4) Evaluation Criteria. The OET Director may determine criteria for evaluation of Pilot Project applications. In evaluating an application, the OET Director may consider, among other factors, whether the Pilot Project is intended to yield information that could be used to safeguard and further public health, safety, and welfare; develop technical knowledge and expertise regarding the Emerging Technology; or develop best practices and regulatory requirements; or whether the Pilot Project poses unknown or unreasonable risks to public health, safety, and welfare. In addition, the OET Director may consider the extent to which an applicant has the capacity to meet the permit terms based on past experience operating permit programs, including, but not limited to, the applicant’s compliance with applicable laws.
(m) Notice to Proceed. After the Pilot Project Sponsor has obtained the OET Director’s Approval and all required Additional Agency Approvals, the Pilot Project Sponsor shall submit to OET a written request for a Notice to Proceed, and shall include as part of that request evidence of the issuance of all Additional Agency Approvals and satisfaction of all applicable Conditions of Approval. Upon confirming that the applicant has satisfied all Conditions of Approval, OET shall issue a Notice to Proceed that authorizes the applicant to commence performance of the Approved Pilot Project.
(n) Notice of Suspension Due To Failure To Comply With Conditions of Approval. OET and the City Department Partners, as applicable, shall supervise the performance of the Pilot Project and shall require the Permittee to comply with all Conditions of Approval. Failure to comply with the Conditions of Approval shall be grounds for complete or partial suspension of the Pilot Project and OET’s issuance of a Notice of Suspension as described below. If the Pilot Project results in conditions that negatively impact public peace, safety, health, or welfare, the OET Director may suspend, modify, or rescind the Approval decision as may be appropriate under the circumstances. The suspension, modification, rescission, revocation, or termination of any Additional Agency Approval shall result in the automatic suspension of the Pilot Project and may result in enforcement actions brought pursuant to this Chapter 22G
and other provisions of the Municipal Code. Upon the suspension of a Pilot Project and upon the OET Director’s determination that the Pilot Project, as modified to exclude the activities that cease to be authorized by an Additional Agency Approval, would not pose dangers to public health, safety, welfare, and convenience that are greater than those posed by the Pilot Project, the OET Director shall have the authority to determine that the Pilot Project shall be allowed to proceed as modified to exclude the activities that cease to be authorized by an Additional Agency Approval. The OET Director’s determination shall not be appealable.
(1) A Notice of Suspension shall inform the Pilot Project Sponsor that the Pilot Project lacks authorization to proceed or operate, and that the Notice to Proceed shall be suspended and shall remain suspended, until there is a Final Decision or the expiration of the time period to appeal the decision of the City Department Partner to suspend, modify, rescind, revoke, or terminate the Additional Agency Approval. A Pilot Project Sponsor’s failure to comply with the Notice of Suspension shall be a violation of the Conditions of Approval and shall be subject to enforcement pursuant to subsection (o).
(2) If the OET Director receives a written notification from a City Department Partner requesting the suspension of the Notice to Proceed as to all or a portion of the Pilot Project, as specified in the City Department Partner’s written notification, due to the City Department Partner’s suspension, modification, rescission, revocation, or termination of such City Department Partner’s Additional Agency Approval, the OET Director shall issue a Notice of Suspension.
(3) If, independent of receiving any written notice from a City Department Partner requesting the suspension of the Notice to Proceed due to the City Department Partner’s suspension, modification, rescission, revocation, or termination of such City Department Partner’s Additional Agency Approval, the OET Director determines that the Pilot Project Sponsor has failed to comply with one or more Condition of Approval, the OET Director shall inform all City Department Partners that issued Additional Agency Approvals and shall issue a Notice of Suspension.
(o) Administrative Penalties or Fines. Failure to comply with any requirement in this Chapter 22G
shall be deemed a public nuisance subject to enforcement and administrative citations for such violations. The administrative penalty or fine shall not exceed $1,000 per day for each violation. Administrative penalties shall be assessed, enforced, and collected in accordance with Section 39-1 of the Police Code and administrative fines shall be assessed, enforced, and collected in accordance with Administrative Code Chapter 100, which is incorporated by reference herein.
(p) Appeals.
(1) The OET Director’s issuance of a Notice of Suspension pursuant to subsection (n)(3) may be appealed to the Public Works Director upon the Pilot Project Sponsor’s filing of a written appeal to the Public Works Director within 15 days of the date of the Notice of Suspension.
(2) The OET Director’s issuance of a Notice of Suspension pursuant to subsection (n)(2) shall not be appealable apart from the process, if any, for appealing the action or decision of the City Department Partner responsible for suspending the applicable Additional Agency Approval.
(q) Draft and Final Project Reports. Within 60 days of the expiration of the Term of the Pilot Project, the Pilot Project Sponsor shall submit a draft Pilot Project report including all data concerning the safety and performance of the Pilot Project, and other data as requested by the OET Director, to the OET Director. Within 60 days of receiving the draft Pilot Project report, the OET Director shall issue a final Pilot Project report (“Final Pilot Project Report”) prepared in consultation with the applicable City Department Partners. The Final Pilot Project Report shall summarize the scope of the Pilot Project and include the OET Director’s independent evaluation of the performance of the Pilot Project and recommendations regarding whether new legislation, regulations, or procedures should be adopted to regulate, deregulate, allow, prohibit, or otherwise address such Emerging Technologies on public property or the public right-of-way. Each Final Pilot Project Report shall be available to the public on the Department’s or OET’s website.
(r) Annual Report to the Board of Supervisors. No later than one year from the effective date of this Chapter 22G
, and annually thereafter, OET shall submit to the Board of Supervisors and the Mayor an Emerging Technology report (“Annual Report”) that describes the work performed by OET during the prior calendar year including without limitation the Pilot Project Proposals received, the Pilot Projects approved and/or completed during the term covered in the Annual Report, the OET Director’s analysis and recommendations corresponding to each Pilot Project, OET’s analysis of Emerging Technology data, including the effects of Emerging Technologies on public spaces and the labor market, and the OET Director’s conclusions and recommendations regarding such data. As may be required to safeguard public health, safety, welfare, and convenience in light of the effects of particular categories of Emerging Technologies or businesses seeking to utilize, market, test, sell, or launch Emerging Technologies, the Annual Report shall include recommendations that the City, including Special Jurisdiction Agencies, take legislative and/or administrative actions to modify, streamline, consolidate, amend, or terminate, as applicable, existing permit programs and requirements; to create new permit programs; and to streamline or consolidate regulatory review and approval processes and requirements among City Department Partners. The Annual Report shall include recommendations that the Board adopt or refrain from adoption of new legislation to regulate, deregulate, allow, or prohibit such Emerging Technologies upon, above, or below public property or the public right-of-way.
(Added by Ord. 291-19, File No. 191033, App. 12/19/2019, Eff. 1/19/2020)