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(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.
(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.
(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)
(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)
(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)
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)
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)
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)
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)
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