Short Title. | |
Findings and Purpose. | |
Definitions. | |
Imposition of Tax. | |
Exemptions and Exclusions. | |
Construction and Scope of the Traffic Congestion Mitigation Tax Ordinance. | |
Administration of the Traffic Congestion Mitigation Tax Ordinance. | |
Deposit of Proceeds; Expenditure of Proceeds. | |
Authorization and Limitation on Issuance of Bonds. | |
Amendment of Ordinance. | |
Effect of State and Federal Authorization. | |
Severability. | |
Savings Clause. | |
This Article 32 shall be known as the “Traffic Congestion Mitigation Tax Ordinance,” and the tax it imposes shall be known as the “Traffic Congestion Mitigation Tax.”
(Added by Proposition D, 11/5/2019, Eff. 12/20/2019, Oper. 1/1/2020)
(a) Strategies for managing traffic congestion are key to ensuring that San Francisco’s transportation system remains efficient, affordable, and safe as the number of jobs and the population in San Francisco grows. These strategies include improving transit, improving access to bicycling and walking, supporting walkable and transit-oriented neighborhoods, and managing vehicle use, parking, and traffic signals.
(b) Over the years, traffic congestion has increased in San Francisco, with San Francisco ranking among the top five most congested cities in the world, according to the 2018 INRIX Global Traffic Scorecard, which analyzes traffic congestion in more than 200 cities across 38 countries. As congestion increases, it is vital that San Francisco continue to make its transit system faster and more reliable while ensuring that the City invests in streets to create a safer environment.
(c) Emerging technologies, including autonomous vehicles, are expected to further increase traffic congestion in San Francisco, with the San Francisco County Transportation Authority’s 2017 Report “TNCs Today” documenting that transportation network companies accounted for approximately 50% of San Francisco’s congestion increase from 2010-2016. As these technologies expand, it is critical that they complement existing transit infrastructure and improve first-mile-last-mile accessibility, while mitigating congestion.
(d) In 2014, San Francisco adopted Vision Zero, a plan committed to eliminating all traffic deaths in San Francisco. The Vision Zero High Injury Network guides the City’s investments in infrastructure and ensures prioritization of critical Transit First, pedestrian safety, and bicycle safety projects. In San Francisco, 13% of streets account for 75% of the City’s severe traffic injuries and fatalities. To further the goal of Vision Zero, San Francisco must increase capital investments in street safety.
(e) In 2017, the San Francisco Transportation 2045 Task Force identified a projected $22 billion funding gap for San Francisco’s transportation system through 2045 and possible revenue sources to close that gap, including a tax on rides facilitated by transportation network companies.
(f) In 2018, the Legislature enacted Assembly Bill 1184, which confirmed the City’s authority to impose a tax on net rider fares for rides originating in San Francisco, including rides facilitated by transportation network companies and rides provided by autonomous vehicles.
(Added by Proposition D, 11/5/2019, Eff. 12/20/2019, Oper. 1/1/2020)
Unless otherwise defined in this Article 32, the terms used in this Article shall have the meanings given to them in Article 6 of the Business and Tax Regulations Code, as amended from time to time.
For purposes of this Article 32, the following definitions apply.
“Autonomous Vehicle” means a vehicle, other than a Taxicab or Limousine, with or without a driver, equipped with and into which has been integrated technology that has the capability to drive the vehicle without the active physical control by a natural person, regardless of whether the vehicle is in driverless operation. An Autonomous Vehicle includes any vehicle capable of being driven remotely by a natural person.
“Commercial Ride-Share Company” means a person that provides prearranged transportation services for compensation using an online-enabled application or platform or any offline method to connect passengers with drivers using a Personal Vehicle, including but not limited to a transportation network company as that term is defined in Section 5431(c) of the California Public Utilities Code as of June 30, 2019.
“Limousine” means a limousine as that term is used in Section 5431 of the California Public Utilities Code as of June 30, 2019.
“Mobility Provider” means any person conducting or controlling a business that provides rides to fare-paying passengers using an Autonomous Vehicle or a Private Transit Services Vehicle, or both, including but not limited to the owner or proprietor of such business.
“Net Rider Fare” means all charges for a ride, including but not limited to charges based on time or distance, or both, and excluding any taxes, fees, and other charges where such taxes, fees, and other charges are imposed by governmental entities on that ride. The Net Rider Fare for a ride includes subscription fees and other indirect charges that are attributable to that ride. The entire amount of subscription fees and other indirect charges that are charged in connection with passenger rides shall be presumed, subject to rebuttal, to be attributable to passenger rides.
“Personal Vehicle” means a vehicle that (1) has a passenger capacity of eight persons or less, including the driver, (2) is owned, leased, rented, or otherwise authorized for use by the driver, (3) meets any applicable inspection and other safety requirements imposed by the California Public Utilities Commission, and (4) is not a Taxicab or Limousine.
“Private Transit Services Vehicle” means a private transit vehicle as defined in Section 1202 of the Transportation Code as of June 30, 2019.
“Shared Ride” means a ride in which, prior to the commencement of the ride, a passenger requests to share the ride with one or more passengers and each passenger is charged a fare that is calculated, in whole or in part, based on the passenger’s request to share all or part of the ride with one or more passengers, regardless of whether the passenger actually shares all or part of the ride. A ride provided by a Private Transit Services Vehicle shall be deemed to be a Shared Ride if that vehicle is designed to carry and regularly carries more than one passenger at a time.
“Taxicab” means a taxicab as that term is used in Section 5431 of the California Public Utilities Code as of June 30, 2019.
“Zero-Emission Vehicle” means a vehicle of a year, make, and model that the California Air Resources Board has certified as a zero-emission vehicle under Section 1962.2 of Title 13 of the California Code of Regulations, as may be amended or replaced by a similar regulation, for 2018 and subsequent model years; under Section 1962.1 of Title 13 of the California Code of Regulations for 2009 through 2017 model years; or under Section 1962 of Title 13 of the California Code of Regulations or predecessor regulation, for 2008 and prior model years. For purposes of this Article 32, a vehicle shall be considered a Zero-Emission Vehicle on and after the date the California Air Resources Board has certified that vehicle’s year, make, and model as a zero-emission vehicle under the aforementioned regulations.
(Added by Proposition D, 11/5/2019, Eff. 12/20/2019, Oper. 1/1/2020)
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