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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
CHAPTER 4:
HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
 
Healthy Air and Clean Transportation Program.
Definitions.
Tenant Bicycle Parking in Existing Commercial Buildings.
Fleet Management Promoting Healthy Air and Clean Transportation.
New or Replacement Motor Vehicles.
Healthy Air and Clean Transportation Program Implementation.
Infrastructure for Alternative Fuels with Low Carbon Intensity.
Demonstration Pilot Programs for New Technologies.
Grants.
Private Sector Fleets.
Clean School Buses.
Limitations on the Scope of the Ordinance.
Car Sharing Service Contracts.
City Undertaking.
Precautionary Principle.
Severability.
No Conflict with Federal or State Law.
Undertaking for the General Welfare.
San Francisco Municipal Railway Buses.
Commuter Benefits Program.
 
SEC. 400.  HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM.
   (a)   Title. Sections 400 through 424 of this Chapter shall be known as the Healthy Air And Clean Transportation Ordinance.
   (b)   Purpose. The Healthy Air And Clean Transportation Ordinance is intended to assist the City in achieving its air pollution and greenhouse gas reduction goals by: promoting the use of vehicles that have zero or super ultra-low emissions, achieve high energy efficiency and use alternative fuels with a low carbon impact; implementing policies to minimize the use of single occupancy vehicles and reduce the total number of passenger vehicles and light-duty trucks in the municipal fleet; maximizing the use of outside sources to fund such programs; encouraging the creation, expansion, and maintenance of alternative fueling infrastructure in the City and at City facilities; encouraging trip reduction, carpooling, and public transit, and to increase bicycle commuting by providing cyclists with the opportunity to securely park their bicycles in or close to their workplaces.
   (c)   Findings.
      (1)   Air pollution endangers public health. According to the California Air Resources Board (CARB), the levels and concentrations of smog forming, lung-clogging pollutants in the Bay Area, such as ozone and particulate matter (soot particles), not only exceed California's existing health-based standards, but also are often times measured at levels that are two to three times the standards. According to the Bay Area Air Quality Management District (BAAQMD), emissions from motor vehicles are the leading cause of air pollution in the Bay Area.
      (2)   According to the American Lung Association of California, high levels of air pollution cause premature death, and aggravate lung illnesses such as acute respiratory infections, asthma, chronic bronchitis, emphysema, and lung cancer. Coughing, wheezing, chest pain, eye irritation, and headaches are common reactions to air pollution. Sensitive groups, like children, the elderly, athletes, and people with compromised immune systems, are even more susceptible to the detrimental health effects caused by air pollution. In these sensitive groups, poor air quality causes more significant health impacts such as breathing difficulties and weakening of the body's ability to resist disease.
      (3)   According to the California Air Resources Board, the annual health impacts of exceeding state health-based standards for ozone and particulate matter include: premature deaths; hospital admissions for respiratory disease; asthma attacks and related emergency room visits; hospital admissions for cardiovascular disease; school absences due to respiratory conditions, including asthma; lost workdays; and, reduced lung function growth rates in children.
      (4)   Emissions from motor vehicles are a major source of greenhouse gas emissions. Statewide, the California Air Resources Board has found that 41 percent of carbon dioxide emissions, a major greenhouse gas, stem from the transportation sector. In San Francisco, the inventory of greenhouse gas emissions in the City's Climate Action Plan shows that vehicles belonging to San Francisco residents or otherwise traveling in and out of San Francisco contributed 51 percent of all greenhouse gases generated in the City in 1990. In 2002, the Board of Supervisors adopted Resolution 158-02, "Reducing Greenhouse Gas Emissions," to support efforts to curb global warming and set greenhouse gas emission reduction goals for the City and County of San Francisco. The City's Climate Action Plan establishes the goal of reducing carbon and other greenhouse gas emissions from transportation and other sources in the City to 20 percent below 1990 levels by the year 2012.
      (5)   Near-total reliance on petroleum for transportation fuel jeopardizes San Francisco's economic security. The San Francisco region and the State of California rely on petroleum for 96 percent of all transportation fuel. Diversifying the supply of transportation fuels available in the San Francisco region, and particularly increasing supplies of alternative fuels that have low carbon impact and are sustainable, will help provide a more stable and secure base for the region's economy by making it less vulnerable to interruptions in petroleum supplies while also improving air quality and reducing greenhouse gas emissions.
      (6)   Urban Environmental Accords commit San Francisco to take actions to achieve clean transportation. In 2005, San Francisco became a signatory participant in the Urban Environmental Accords, established on the occasion of the United Nations Environmental Program's World Environment Day in San Francisco.
      (7)   In 1997, the Board of Supervisors approved the Sustainability Plan for the City and County of San Francisco. The Sustainability Plan states, "[a]chieving and maintaining good air quality is crucial to the public health and economic vitality of San Francisco."
      (8)   The City and County of San Francisco's fleet includes more than eight hundred (800) clean passenger vehicles and light-duty trucks. These vehicles include compressed natural gas, hybrid electric and battery electric vehicles.
      (9)   Creating a safe, secure place for cyclists to store their bicycles while at work will help to promote alternative modes of transportation and contribute to the City's effort to cut emissions, improve air quality, maximize public transportation and ease congestion, thus reaping tremendous environmental, public health, and quality of life benefits for the City and its residents. Allowing bicycles in office buildings is an effective way to encourage cycling.
(Added by Ord. 278-10, File No. 101009, App. 11/18/2010; amended by Ord. 46-12 , File No. 111029, App. 3/16/2012, Eff. 4/15/2012; Ord. 116-15 , File No. 140950, App. 7/15/2015, Eff. 8/14/2015)
SEC. 401.  DEFINITIONS.
   “Alternative Fuel With Low Carbon Intensity” means any transportation fuel that is less polluting than gasoline or petroleum diesel fuel, as determined by the California Air Resources Board and that is shown to have lower lifecycle carbon emissions than gasoline or petroleum diesel. Alternative Fuels with Low Carbon Intensity may include, but are not limited to: natural gas; propane; biofuels from low carbon, sustainable and preferably local sources; hydrogen produced from low carbon and/or renewable sources; and electricity.
   "Alternative Fuel Vehicle" means any motor vehicle powered by alternative fuel with low carbon intensity.
   “Bus” means any passenger vehicle with a seating capacity of more than 15 persons.
   "City" means City and County of San Francisco.
   "City Administrator" means the City Administrator, or his or her designee.
   "Department" means any officer, board, commission, department or other division of the City and County of San Francisco. Department does not include the San Francisco Unified School District, the San Francisco Community College District, the San Francisco Office of Community Investment and Infrastructure, or the San Francisco Housing Authority or any other local, State, or Federal agency.
   "Emergency Vehicle" means any vehicle publicly owned and operated that is used by a public safety officer for law enforcement purposes, fighting fires or responding to emergency fire calls, or used by emergency medical technicians or paramedics for official purposes. For purposes of this Chapter 4, "Emergency Vehicle" shall also mean any vehicle used by the Office of the Chief Medical Examiner or the Department of Animal Care and Control for official duties. Unless equipped with lights and sirens, vehicles used for primarily administrative functions such as passenger transport shall not be considered an “Emergency Vehicle” for the purposes of this Chapter 4.
   “General Passenger Van” means a Passenger Vehicle that meets the criteria of a Federal Highway Administration Class 3 Vehicle that is not a pick-up.
   "Greenhouse gas (GHG) or greenhouse gas emissions" means and includes all of the following gases: carbon dioxide, methane, and nitrous oxide. The City Administrator, in consultation with the Department of the Environment, shall determine the method by which these emissions shall be measured.
   “Light-Duty Passenger Vehicle” means a Passenger Vehicle that meets the criteria of a Federal Highway Administration Class 2 Vehicle that include all sedans, coupes and station wagons primarily for the purposes of carrying passengers, and comprising of no more than five seats in addition to the driver’s seat.
   "Light-Duty Truck" means any motor vehicle, with a manufacturer's gross vehicle weight rating of 8,500 pounds or less, that is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use.
   "Motor Vehicle" means a self-propelled vehicle.
   “Passenger Vehicle” means any motor vehicle designed primarily for transportation of persons and with a design capacity of 12 persons or less.
   “Plug-In Hybrid Electric Vehicle” means a vehicle with both an electric motor and a gasoline engine, as determined by the California Air Resources Board. It can be fueled using both electricity and gasoline.
   "Public Safety Department" means the Police Department, the Sheriff's Department, and the Fire Department. For purposes of this Chapter 4, "Public Safety Department" shall also include the Office of the Chief Medical Examiner and the Department of Animal Care and Control.
   "Purchase" means to buy, lease, or otherwise acquire the right to use.
   "Remove from service" means to complete filings with the California Department of Motor Vehicles either to remove the City as the motor vehicle owner permanently, or to register the motor vehicle as non-operational for the relevant fiscal year.
   “Vehicle Selector List” means a document issued by the City Administrator, in consultation with the Department of the Environment, which provides emissions data for Light-Duty Passenger Vehicles, light-duty pickup trucks, and vans with a gross vehicle weight under 8,500 pounds. The Vehicle Selector List will consider estimated long-term costs and emissions, and when Zero Emission Vehicles are unavailable in the marketplace, identify vehicles that have emissions as low as practicable and efficiency ratings as high as practicable.
   “Zero Emission Vehicle” means a vehicle that produces no emissions from the on-board source of power, as determined by the California Air Resources Board.
(Added by Ord. 278-10, File No. 101009, App. 11/18/2010; amended by Ord. 116-15 , File No. 140950, App. 7/15/2015, Eff. 8/14/2015; Ord. 115-17, File No. 170210, App. 6/2/2017, Eff. 7/2/2017)
SEC. 402.  TENANT BICYCLE PARKING IN EXISTING COMMERCIAL BUILDINGS.
   (a)   Scope. This Section shall apply to a building the principal occupancy of which is a commercial use, as defined in the Planning Code, that
      (1)   is in existence on the operative date of this Section, or is proposed to be constructed under an already issued permit but is not yet constructed, and
      (2)   is not subject to the applicability measures established in Section 155.2(a) of the Planning Code for bicycle parking requirements.
   (b)   Bicycle Access to Commercial Buildings.
      (1)   Applicability. Beginning January 1, 2012, or 30 days after the effective date of this Section, whichever is later, an owner, lessee, manager, or other person who controls a building within the scope of Section 402 shall allow tenants to bring bicycles into the subject building.
      (2)   Request for Limited Access. The owner, lessee, manager, or other person who controls a building within the scope of Section 402 who wishes to prescribe specific details and limitations on bicycle access to the subject building shall complete a Bicycle Access Plan in accordance with subsection (b)(3) below.
      (3)   Bicycle Access Plan.
         (A)   Completion of Plan. The Bicycle Access Plan ("Plan") shall be in writing on a form provided by the Department of the Environment. Bicycle access shall be granted to the requesting tenant and its employees in accordance with the Plan.
         (B)   Plan Information. The Plan shall include:
            (i)   the location of entrances;
            (ii)   route to elevators and/or stairs that accommodate bicycle access;
            (iii)   the route to a designated area for bicycle parking on an accessible level if such bicycle parking is made available; and
            (iv)   such other information as the Department of the Environment may require.
            The Plan shall provide that bicycle access is available, at a minimum, during the regular operating hours of the subject building.
         (C)   Plan Amendment. The Plan may be amended from time to time to accommodate requests from other tenants to provide bicycle access under this Section 402.
      (4)   Exception.
         (A)   Application. The owner, lessee, manager, or other person who controls a building may apply to the Director of the Department of the Environment for an exception if:
            (i)   the building's elevators are not available for bicycle access because unique circumstances exist involving substantial safety risks directly related to the use of such elevator; or
            (ii)   there is alternate covered off-street parking or alternate indoor no-cost bicycle parking that meets the layout and security requirements for Class 1 and Class 2 bicycle parking spaces as established by Planning Code Sections 155.1 and 155.2 and is available on the premises or within three blocks or 750 feet, whichever is less, of the subject building sufficient to accommodate all tenants of the building requesting bicycle access.
            The application for an exception shall be submitted to the Department of the Environment in the manner required by that Department. The application shall include the reasons for the application for an exception and supporting documentation.
         (B)   Department of Environment's Consultation with Department of Building Inspection and Municipal Transportation Agency.
            (i)   If an exception is sought under subsection (b)(4)(A)(i) above, the Department of Environment shall request the Department of Building Inspection to conduct an inspection of the building and advise the Department of Environment whether, in the opinion of the Department of Building Inspection, bicycle access to the building involves substantial safety risks.
            (ii)   If an exception is sought under subsection (b)(4)(A)(ii) above, the Department of Environment shall request the Livable Streets Subdivision of the Municipal Transportation Agency and/or designated bicycle planner to conduct an inspection of the secure alternate covered off-street or secure indoor no-cost bicycle parking and advise the Department of Environment whether, in its opinion, the proposed bicycle parking is adequate.
         (C)   Department of Environment's Decision on Application. The Department of Environment shall make a determination on the application for an exception within a reasonable period of time after receiving the advice of the Department of Building Inspection and/or the Municipal Transportation Agency provided for in subsection (b)(4)(B) above. The Department of Environment's letter of exception or denial shall be sent to the owner, lessee, manager, or other person in control of the building by certified mail, return receipt requested.
      (5)   Posting and Availability of Bicycle Access Plan or Letter of Exception.
         (A)   Every owner, lessee, manager, or other person in control of a building subject to this Section 402 shall post in the building lobby each Bicycle Access Plan that is in effect and any letter of exception granted by the Department of Environment, or shall post a notice indicating that the Plan or letter of exception is available in the office of the building manager upon request. Such posting shall be made within five days of completion and implementation of the Plan or Plans or any amendment thereto or within five days of the Department of the Environment's granting of an exception. If the Department of Environment denies an application for an exception, a Bicycle Access Plan shall be posted within twenty days of receipt of such determination.
         (B)   The above posting shall either
            (i)   notify the requesting tenants of their right to bicycle access in accordance with the Plan or
            (ii)   include the basis or bases for the exception and, if applicable, the route to alternate off-street or indoor parking.
      (6)   Space for Bicycles. Nothing in this Section 402 shall be construed to require an owner, lessee, manager, or other person who is in control of a building within the scope of this Section 402 to provide space outside the tenant's leased space for bicycles brought into such building.
      (7)   Unsafe Conditions. Nothing in this Section 402 shall be construed to require an owner, lessee, manager, or other person who is in control of a building within the scope of this Section 402 to permit a bicycle to be parked in a manner that violates building or fire codes or any other applicable law, rule, or code, or which otherwise impedes ingress or egress to such building. In an emergency, whenever elevator use is prohibited, bicycles shall not be permitted to be transported through any means of egress.
(Added by Ord. 46-12 , File No. 111029, App. 3/16/2012, Eff. 4/15/2012; amended by Ord. 183-13 , File No. 130528, App. 8/7/2013, Eff. 9/6/2013; Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014)
SEC. 403.  FLEET MANAGEMENT PROMOTING HEALTHY AIR AND CLEAN TRANSPORTATION.
   (a)   Implementing Transit-First.
      (1)   No later than March 1, 2011, all officers, boards, commissions and department heads responsible for departments that require transportation to fulfill their official duties, and other City officials assigned City motor vehicles, shall implement the City's voter-approved Transit-First Policy (San Francisco Charter Section 8A.115) by adopting and implementing written policies that
         (A)   maximize the use of public transit, including taxis, vanpools, and car-sharing;
         (B)   facilitate travel by bicycle, or on foot; and,
         (C)   minimize the use of single-occupancy motor vehicles, for travel required in the performance of public duties.
      (2)   The Department of the Environment shall provide technical assistance to departments and City officials subject to this requirement in developing complying policies and implementation procedures and in coordinating policies and procedures among City departments.
      (3)   No later than July 1, 2011, and every year thereafter, each department and City official subject to this requirement shall submit its written policies to the Department of the Environment and the Controller.
      (4)   No later than July 1, 2012, and every year thereafter, each department and City official subject to this requirement shall, in a form approved by the Department of the Environment, include with its written policies a report on its success in substituting transit-first modes of transportation for single-occupancy motor vehicle transportation. Such reports shall be subject to audit by the Controller.
      (5)   Notwithstanding any other provision of this Ordinance or other City law, the Controller shall refuse to certify any expenditure by the City for the purchase of any passenger vehicle or light duty truck by any officers, boards, commissions or departments subject to this requirement for so long as the Controller finds, in his or her sole discretion, that such officers, boards, commissions, or departments have failed to adopt a satisfactory transit-first policy, or to implement the policy adopted, or failed to justify the purchase of a new or replacement vehicle in lieu of driving alternatives as identified in Section 403(a)(1).
   (b)   Optimizing Fleet Management. To help the City achieve its air pollution and greenhouse gas reduction goals, and promote the effective, efficient, and safe use of all general purpose, light-duty vehicles owned, leased, or rented by the City, the City Administrator will adopt and implement policies to:
      (1)   Minimize the size and utilization of the City’s general purpose, light-duty fleet through right-size analyses that accurately incorporates the City’s Transit-First policy and associated infrastructure investments towards eliminating unnecessary vehicles and vehicle trips.
      (2)   Use technology such as telematics and vehicle assignment systems, to the furthest extent practicable, to promote the safe use of vehicles, minimize environmentally harmful practices such as excessive vehicle idling, and reduce underutilization of vehicles;
      (3)   Align greenhouse gas reduction goals with the Federal Executive Order – Planning for Federal Sustainability in the Next Decade, dated March 19, 2015 – reducing average per-mile greenhouse gas emissions from general purpose, light-duty fleet vehicles, relative to a baseline of emissions in fiscal year 2014, to achieve the following percentage reductions: (A) not less than 4% by the end of fiscal year 2017; and (B) not less than 15% by the end of fiscal year 2021;
      (4)   Ensure that the composition of the City’s Light-Duty Passenger Vehicle fleet is entirely Zero Emission Vehicles consistent with Section 404 by December 31, 2022, and seek out new and emerging technologies to upgrade the City’s other fleet classes such as trucks and vans to zero emission standards; and
      (5)   Conduct a review one year after the initial implementation of these policies, and every year thereafter, to assess telematics data, review developments in low carbon fuels, evaluate possible coverage of additional vehicle classes, evaluate additional GHG goals, evaluate, in coordination with the Office of Economic and Workforce Development, training opportunities for drivetrain maintenance on Alternative Fuel Vehicles and Zero Emissions Vehicles, explore new technologies allowing for conversion of light-duty trucks and general passenger vans to Zero Emission Vehicle status, and other topics the City Administrator deems are relevant, to serve as a basis for the City Administrator, in consultation with the Director of the Department of the Environment, to adopt and implement further policy changes regarding fleet management as appropriate. The City Administrator shall submit an annual report to the Board of Supervisors and the Mayor outlining the findings of this annual review, possible upgrade opportunities with regard to vehicle emissions for light-duty trucks and general passenger vans, possible training opportunities for drivetrain maintenance on Alternative Fuel Vehicles and Zero Emissions Vehicles, and any additional resulting policy changes in fleet management, including recommendations for mandatory fleet reductions if warranted.
   (c)   Replacement of Older Light-Duty Vehicles. Departments shall make best efforts to replace Vehicles in order of age, such that oldest light duty vehicles in a department’s fleet are replaced when the department purchases replacement light-duty vehicles, unless compelling reasons such as wear and tear, mileage, and safety concerns warrant a deviation from strict compliance to the replacement of oldest vehicles.
(Added by Ord. 278-10, File No. 101009, App. 11/18/2010; amended by Ord. 116-15 , File No. 140950, App. 7/15/2015, Eff. 8/14/2015; Ord. 115-17, File No. 170210, App. 6/2/2017, Eff. 7/2/2017)
SEC. 404.  NEW OR REPLACEMENT MOTOR VEHICLES.
   (a)   Unless granted a waiver under Section 404(b) or exempt under Section 404(c), City officials may not purchase or authorize the purchase of any motor vehicle unless the purchase complies with each of the following:
      (1)   The purchase complies with the Transit-First policy required under Section 403(a) and adopted by the department or City official for whose use the vehicle is principally intended;
      (2)   A Light-Duty Passenger Vehicle requested for purchase or lease is a Zero Emission Vehicle;
      (3)   A light-duty truck or general passenger van requested for purchase is an approved make and model under the applicable Vehicle Selector List; and,
      (4)   The motor vehicle requested for purchase meets all applicable safety standards and other requirements for the intended use of the vehicle.
   (b)   Waivers. The City Administrator may waive the requirements of Section 404(a) where he or she finds that
      (1)   there is no passenger vehicle or light-duty truck approved by the Vehicle Selector List that meets all applicable safety standards and other requirements for the intended use of the motor vehicle; or
      (2)   the passenger vehicle or light-duty truck will be used primarily outside of the geographic limits of the City and County of San Francisco in location(s) which lack required fueling or other infrastructure required for a complying motor vehicle; or
      (3)   the passenger vehicle or light-duty truck would be required to be a Zero Emission Vehicle, but the most common intended use for the vehicle will require it to regularly travel distances of more than 100 miles without being able to use a charging station; or
      (4)   for Light-Duty Passenger vehicles that are regularly stationed when not in use on City owned property, (A) purchasing a Zero Emission Vehicle would create operational challenges such as lack of charging infrastructure on City-owned property, (B) the department is purchasing a Plug-In Hybrid Electric Vehicle in lieu of a Zero Emission Vehicle, and (C) at least 75% of all Light-Duty Passenger vehicles that are regularly stationed when not in use on City owned property are Zero Emission Vehicles;
      (5)   for Light-Duty Passenger vehicles that are regularly stationed when not in use on non-City owned property, (A) purchasing a Zero Emission Vehicle would be impractical due to operational challenges such as a lack of charging infrastructure, and (B) the department is purchasing a Plug-In Hybrid Electric Vehicle in lieu of a Zero Emission Vehicle; or
      (6)   for Light-Duty Passenger vehicles, adequate funds have not been appropriated in the department’s budget to purchase Zero Emission Vehicles sufficient to meet the requirements of this Chapter 4.
      Waivers must be made in a fashion as to ensure that only the minimum number of vehicles not in compliance with Section 404(a) needed by a department remain in the fleet. Departments may submit one single waiver request to cover the annual purchases, waivers do not need to be submitted on an individual purchase basis. If a waiver is requested under subsection 404(b)(4), the waiver must address the present lack of charging infrastructure, and address the feasibility of future improvements to develop such charging infrastructure. As part of his or her annual report to the Board of Supervisors and the Mayor under Section 403(b)(4), the City Administrator shall report on the number of new waivers granted under this subsection (b) for the prior year.
   (c)   Exemptions. This Section 404 shall not apply in the following circumstances:
      (1)   To the purchase of Emergency Vehicles where the Public Safety Department concludes, after consultation with the City Administrator, that the purchase of a complying vehicle is not feasible or would otherwise unduly interfere with the Department’s public safety mission.
      (2)   To the acquisition of buses by the San Francisco Municipal Transportation Authority for public transportation purposes.
      (3)   To any purchase necessary to respond to an emergency that meets the criteria set in Administrative Code Sections 21.15(a) or 6.60. In such cases, the department shall, to the extent feasible under the circumstances, acquire the noncomplying vehicles only for a term anticipated to meet the emergency need. Any City department invoking this exemption shall promptly notify the City Administrator, in writing, of the purchase and the emergency that prevented compliance with this section.
      (4)   Wherever the purchase of a passenger vehicle or light-duty truck is exempt from the requirements of this section, City departments and officials shall select a vehicle with as low emissions and high efficiency ratings as practicable.
(Ord. 278-10, File No. 101009, App. 11/18/2010; amended by Ord. 116-15 , File No. 140950, App. 7/15/2015, Eff. 8/14/2015; Ord. 115-17, File No. 170210, App. 6/2/2017, Eff. 7/2/2017)
SEC. 405.  HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM IMPLEMENTATION.
   (a)   The City Administrator, in consultation with the Director of the Department of the Environment, shall implement and administer the Healthy Air and Clean Transportation Program, and, except as provided elsewhere in this Ordinance, the City Administrator may from time to time promulgate appropriate rules, regulations and guidelines for such purposes.
   (b)   The City Administrator shall issue, and update at least annually, a Vehicle Selector List listing emission scores for vehicles that may be purchased by City departments, and which shall govern the purchase of such vehicles in accordance with Section 404.
   (c)   The Department of the Environment shall assist the City Administrator and all Departments in developing programs and implementing policies to achieve the Transit-First, municipal fleet retirement and reduction, and purchasing requirements of this Ordinance.
   (d)   Subject to the budget, fiscal and Civil Service provisions of the Charter, the City Administrator may appoint an individual who, under the direction of the City Administrator, shall be responsible for the day-today operations of the Healthy Air and Clean Transportation Program, including but not limited to managing the day-to-day operations of the program, supervising staff and managing the budget.
   (e)   City Administrator Regulations. The City Administrator shall, in consultation with the Department of the Environment, and other City officials with authority to purchase motor vehicles, promulgate regulations for approval of all purchases of passenger vehicles and light duty trucks which shall include, but not be limited to, a requirement that each request be accompanied by a written explanation of how the requested purchase complies with the City's Transit-First Policy and the Department's own policies as set forth in its reporting under Section 403(a)(3).
   (f)   The Controller shall not certify any City expenditure for the purchase of a motor vehicle, or for registration with the California Department of Motor Vehicles of any motor vehicle, unless the purchase complies with all of the requirements of this Ordinance.
(Ord. 278-10, File No. 101009, App. 11/18/2010; amended by Ord. 116-15 , File No. 140950, App. 7/15/2015, Eff. 8/14/2015)
SEC. 406.  INFRASTRUCTURE FOR ALTERNATIVE FUELS WITH LOW CARBON INTENSITY.
   (a)   Alternative Fuel Infrastructure. The Department of the Environment, in consultation with other interested City departments, shall facilitate the development of fueling facilities for alternative fuels with low carbon intensity for municipal and privately owned vehicles, including, but not limited to, infrastructure for electric transportation, including recommending necessary legislation to the Board of Supervisors.
   (b)   The Department of Environment shall seek funding sources for developing public and private alternative fueling facilities and other products and services to support the operation of alternative fuel vehicles with low carbon intensity.
(Ord. 278-10, File No. 101009, App. 11/18/ 2010)
SEC. 407.  DEMONSTRATION PILOT PROGRAMS FOR NEW TECHNOLOGIES.
   (a)   The Department of Environment shall seek funding for the City to participate in demonstration and other pilot programs designed to test promising clean vehicle or related technologies where the Director of the Department of the Environment concludes that the City's participation in such programs may establish the viability of the technologies and/or advance their commercial availability.
   (b)   Contracts and grants or awards in furtherance of such demonstration or other pilot programs with a duration of no more than two years are not subject to the contracting requirements of the Administrative Code or Environment Code, but shall be subject to the requirements of the San Francisco Sunshine Ordinance, Administrative Code Chapter 67.
(Ord. 278-10, File No. 101009, App. 11/18/2010)
SEC. 408.  GRANTS.
   The Department of Environment shall coordinate all grant applications on behalf of the City and County of San Francisco for grants to support clean vehicle and alternative fuel programs, except that it may assist the San Francisco Public Utilities Commission, San Francisco Airport, Port of San Francisco, and San Francisco Municipal Transportation Authority with grant applications only upon request.
(Ord. 278-10, File No. 101009, App. 11/18/2010)
SEC. 409.  PRIVATE SECTOR FLEETS.
   The Department of the Environment shall implement programs to encourage City residents and private fleet operators to purchase and operate vehicles that have zero emissions, supper ultra low emissions, high-energy efficiency and/or use alternative fuels with low carbon intensity, including recommending legislation to the Board of Supervisors necessary to achieve these objectives.
(Ord. 278-10, File No. 101009, App. 11/18/ 2010)
SEC. 410.  CLEAN SCHOOL BUSES.
   Upon request, the Department of the Environment may assist the San Francisco Unified School District with developing bid specifications and other contract documents for more energy efficient, alternative fuel or best available emission control technology school bus services and with identifying possible grants for clean school buses.
(Ord. 278-10, File No. 101009, App. 11/18/ 2010)
SEC. 411.  LIMITATIONS ON THE SCOPE OF THE ORDINANCE.
   Consistent with the Charter and other applicable State and Federal law, this Healthy Air And Clean Transportation Ordinance shall not apply to the San Francisco Public Utilities Commission, San Francisco Airport, Port of San Francisco, or San Francisco Municipal Transportation Authority to the extent its requirements would conflict with those laws or otherwise interfere with the discharge of those functions placed under the direct jurisdiction of the department.
(Ord. 278-10, File No. 101009, App. 11/18/ 2010)
SEC. 412.  CAR SHARING SERVICE CONTRACTS.
   (a)   The City Administrator, or the Purchaser or Director of the City Fleet if so designated by the City Administrator, is authorized to enter into master agreements with vendors for the procurement of car sharing services to be used by authorized officers and employees of the City.
   (b)   Agreements for the use of shared vehicles shall contain a provision authorizing priority and potentially exclusive use of all available vehicles within the City and County of San Francisco by authorized officers and employees of the City.
   (c)   Designated agreements entered into pursuant to this Section 412 are not subject to the contracting requirements of the Administrative or Environment Codes other than the competitive solicitation requirement of Administrative Code Section 21.1, but shall be subject to the requirements established by Chapter 67 of the Administrative Code. It is, however, the policy of the City to make every effort to comply where practicable with the contracting requirements of the Administrative and Environment Codes when entering into such agreements.   
(Ord. 278-10, File No. 101009, App. 11/18/2010; amended by Ord. 116-15 , File No. 140950, App. 7/15/2015, Eff. 8/14/2015)
SEC. 420.  CITY UNDERTAKING.
   Under the Healthy Air and Clean Transportation Ordinance, the City wishes to exercise its power to make economic decisions involving its own funds as a participant in the marketplace and to conduct its own business as a municipal corporation to ensure that purchases and expenditures of public monies are made in a manner consistent with the policy of improving the air quality in the City and doing its part to reduce greenhouse gas emissions and curb global warming through the purchase and use of vehicles that have low emissions, high energy efficiency and or use alternative fuels with a low carbon intensity.
(Ord. 278-10, File No. 101009, App. 11/18/2010)
SEC. 421.  PRECAUTIONARY PRINCIPLE.
   The Healthy Air and Clean Transportation Ordinance applies the City's Precautionary Principle Policy set forth in Chapter 1 of the Environment Code to the selection of vehicles and non-vehicular motorized equipment by creating a preference for vehicles and non-vehicular motorized equipment with super ultra low emissions, high energy efficiency or that use alternative fuels with a low carbon intensity that minimize impacts on human health and natural resources.
(Ord. 278-10, File No. 101009, App. 11/18/2010)
SEC. 422.  SEVERABILITY.
   If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.
(Ord. 278-10, File No. 101009, App. 11/18/ 2010)
SEC. 423.  NO CONFLICT WITH FEDERAL OR STATE LAW.
   Nothing in this Ordinance shall be interpreted or applied so as to create any requirement, power or duty in conflict with any Federal or State law.
(Ord. 278-10, File No. 101009, App. 11/18/2010)
SEC. 424.  UNDERTAKING FOR THE GENERAL WELFARE.
   In undertaking the implementation of this Ordinance, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officer and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Ord. 278-10, File No. 101009, App. 11/18/ 2010)
SEC. 425.  SAN FRANCISCO MUNICIPAL RAILWAY BUSES.
   Acquisition of Clean Muni Buses. Muni shall replace all pre-1991 diesel buses on or before January 1, 2007.
   Phase Out of Highly Polluting Muni Diesel Buses. Muni shall remove from active or reserve service and shall no longer operate any diesel bus that exceeds its 12 year useful life based on the following schedule:
   (1)   All diesel buses that were purchased on or before December 31, 1988 shall be removed from active or reserve service on or before December 31, 2004;
   (2)   All diesel buses that were purchased on or before December 31, 1989 shall be removed from active or reserve service on or before December 31, 2005;
   (3)   All diesel buses that were purchased on or before December 31, 1990 shall be removed from active or reserve service on or before December 31, 2006.
   Extensions. If replacement buses are not commercially available or unforeseen circumstances prevent Muni from procuring new buses on a timely basis, Muni may seek a one-time extension of up to twelve months from the San Francisco Transportation Authority (TA) for any of the aforementioned deadlines. Approval for such extensions shall require eight or more votes by the Transportation Authority Board of Commissioners. Extension requests shall be submitted in writing at least sixty days prior to the deadline and shall include a detailed accounting of why Muni is unable to meet its obligations under this measure. Extension requests shall also include a list of specific actions that Muni will undertake to offset the emission reductions that would have resulted if no extension were granted. Proposed emission reductions should benefit Muni passengers or residents living near diesel bus routes or diesel bus yards. All extension requests shall be evaluated by the Department of the Environment to determine the validity of proposed emission reductions. The Department of the Environment shall report its findings to the Board of Commissioners at least one week prior to the extension request hearing date.
   Notwithstanding Section 404(c)(2), the provisions of Section 404 shall apply to the acquisition of buses by Muni for its fleet.
(Ord. 278-10, File No. 101009, App. 11/18/2010)
SEC. 426.  [REDESIGNATED.]
(Ord. 278-10, File No. 101009, App. 11/18/2010; redesignated as Sec. 2509 and amended by Ord. 28-15, File No. 140805, App. 3/19/2015, Eff. 4/18/2015)
SEC. 427.  COMMUTER BENEFITS PROGRAM.
   (a)   Definitions. Whenever used in this Section, the following terms shall have the meanings set forth below.
      (1)   "Alternative Commute Mode" shall mean public transit (bus, train, ferry, etc.), van-pool, carpool (including "casual carpool"), bicycling, and walking.
      (2)   "City" shall mean the City and County of San Francisco.
      (3)   "Covered Employee" shall mean any person who: (A) Performed an average of at least ten (10) hours of work per week for compensation within the geographic boundaries of San Francisco for the same employer within the previous calendar month; and (B) Qualifies as an employee entitled to payment of a minimum wage from the employer under the California minimum wage law, as provided under Section 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission, or is a participant in a Welfare-to-Work Program.
      (4)   "Covered Employer" shall mean an employer for which an average of twenty (20) or more persons per week perform work for compensation. In determining the number of persons performing work for an employer during a given week, all persons performing work for compensation on a full-time, part-time or temporary basis, including those who perform work outside of the geographic boundaries of San Francisco, shall be counted, including persons made available to work through the services of a temporary services or staffing agency or similar entity.
      (5)   "Employer" shall mean any person, as defined in Section 18 of the California Labor Code, including corporate officers or executives, who directly or indirectly, or through an agent or any other person, except through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of an employee. "Employer" shall not include any governmental entity.
      (6)   "Transit Pass" shall mean any pass, token, fare card, voucher or similar item entitling a person to transportation on public transit within the meaning of 26 U.S.C. § 132(f)(5)(A), as the Federal law may be amended from time to time, including but not limited to, travel by ferry, bus, trolley, streetcar, light rail or train by MUNI, BART, AMTRAK, CALTRAIN, SAMTRANS or GOLDEN GATE TRANSIT.
      (7)   "Transportation Benefit Program" shall mean the program set forth in subsection (b).
      (8)   "Vanpool" shall mean a "commuter highway vehicle" within the meaning of 26 U.S.C. § 132(f)(5)(B), as the federal law may be amended from time to time, which currently means any highway vehicle:
         (A)    the seating capacity of which is at least 6 adults (not including the driver), and
         (B)    at least 80% of the mileage use of which can reasonably be expected to be (i) for the purpose of transporting employees in connection with travel between their residences and their place of employment; and (ii) on trips during which the number of employees transported for such purposes is at least 1/2 of the seating capacity of such vehicle (not including the driver).
   (b)   Transportation Benefits Program. All Covered Employers shall provide at least one of the following transportation benefit programs to Covered Employees:
      (1)   A Pre-Tax Election: A program, consistent with 26 U.S.C. § 132(f), allowing employees to elect to exclude from taxable wages and compensation, employee commuting costs incurred for transit passes or vanpool charges (but not for parking), up to maximum level allowed by Federal Tax Law, 26 U.S.C. 132 (f)(2)(A);
      (2)   Employer Paid Benefit: A program whereby the employer supplies a transit pass for the public transit system requested by each Covered Employee or reimbursement for equivalent vanpool charges at least equal in value to the purchase price of the appropriate benefit, which shall not exceed the cost of an adult San Francisco MUNI Fast Pass; or
      (3)   Employer Provided Transit: Transportation furnished by the employer at no cost to the covered employee in a vanpool or bus, or similar multi-passenger vehicle operated by or for the employer.
   (c)   Administration and Enforcement.
      (1)   The Director of the Department of the Environment, in consultation with the San Francisco Office of Labor Standards Enforcement shall promulgate rules and regulations to implement the Transportation Benefits Program. Such rules and regulations shall, to the extent consistent with this Ordinance, conform to IRS regulations under 26 U.S.C. § 132(f), and rules for the City's Paid Sick Leave Ordinance, Administrative Code Section 12W and Health Care Security Ordinance, Administrative Code Chapter 14.
      (2)   The Department of the Environment shall maintain an education and advice program to assist employers with meeting the requirements of the Transit Benefit Program.
      (3)   Any Covered Employer who fails to offer at least one transportation benefit programs to Covered Employees as required by Section 421(b) shall be guilty of an infraction. If charged as an infraction, upon conviction thereof, said person shall be punished by (A) a fine not exceeding $100.00 for a first violation, (B) a fine not exceeding $200.00 for a second violation within the same year, and (C) a fine not exceeding $500.00 for each additional violation within the same year.
      (4)   The Director of the Department of the Environment, or his or her designee, may issue administrative citations to any Covered Employer who fails to provide at least one transportation benefit programs to Covered Employees as required by Section 421(b). San Francisco Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," is hereby incorporated in its entirety and shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued to enforce this Section 427.
      (5)   The City may not recover both administrative and civil penalties for the same violation. Penalties collected under this Chapter, which may include recovery of enforcement costs, shall be used to fund implementation and enforcement of the Transportation Benefits Program.
   (d)   Emergency Ride Home Program. The Department of the Environment is hereby authorized to establish an Emergency Ride Home Program and, to the extent funding is available from the Bay Area Air Quality Management District's Transportation Fund for Clean Air, the San Francisco Transportation Authority, or other sources, to reimburse persons who commute to worksites in San Francisco using an alternative commute mode, for transportation costs to return home, or to a transit spot or remotely parked car, where such costs resulting from an illness or emergency of the commuter or immediate family, or other verifiable, unexpected events out of the commuter's control. The Department of the Environment shall adopt rules and regulations to implement this program.
(Ord. 278-10, File No. 101009, App. 11/18/2010; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014)