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For purposes of this Chapter 30, the following terms have the following meanings:
Building Owner. A person, as defined by California Public Resources Code Section 25116 or any successor law, possessing title to the building.
Director. The Director of the Department of the Environment or the Director’s designee.
Energy. Electricity, natural gas, steam, heating oil, or other product sold by a utility to a customer of a nonresidential building, or renewable on-site electricity generation, for purposes of providing heat, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities.
Energy Professional. An individual qualified to perform an energy efficiency audit required by Chapter 20 of the Environment Code.
Greenhouse gas (GHG)-free or renewable energy resources. Energy resources qualifying as renewable pursuant to California Public Resources Code Chapter 8.6, Section 25741(a) and California Public Utilities Code Chapter 2.3, Article 16, Section 399.16(b)(1) or (2), as amended from time to time, or provided by a local publicly owned electric utility subject to California Public Utilities Code Chapter 2.3, Article 16, Section 399.30(j), as amended from time to time.
Gross floor area. The total number of square feet measured between the principal exterior surfaces of enclosing fixed walls.
Nonresidential Building. A facility composed of occupancy types(s) other than residential – including type A, B, E, I-1, I-2, I-3, M, R-1, and S, as defined in Chapter 3 of the California Building Code, as amended from time to time, and where a gross area of 10,000 square feet or more is heated or cooled in its interior.
(Added by Ord. 220-19, File No. 190708, App. 10/4/2019, Eff. 11/4/2019)
(a) Applicability and Schedule for Compliance. The date of applicability of the requirements of this Chapter 30 to Nonresidential Buildings is as follows, based on gross floor area:
(1) Buildings of 500,000 square feet in gross floor area or larger: December 31, 2022;
(2) Buildings of 250,000 square feet in gross floor area or larger, but below 500,000 square feet: December 31, 2024;
(3) Buildings of 50,000 square feet in gross floor area or larger, but below 250,000 square feet: December 31, 2030.
Nonresidential Buildings of less than 50,000 square feet in gross floor area are not subject to the requirements of this Chapter.
(b) Renewable Electricity Requirement. Each Nonresidential Building subject to this Chapter 30 shall, as of the date specified in subsection (a), ensure that all on-site electricity demands are met through any combination of:
(1) on-site generation from 100% greenhouse gas (GHG)-free or renewable energy resources, and/or
(2) purchase from 100% greenhouse gas (GHG)-free or renewable energy resources.
(c) Tenants. In buildings subject to the requirements of this Chapter 30, it shall be the responsibility of nonresidential building tenants to ensure that all meters for which they are the account holder are in compliance with the renewable electricity provisions of Section 3003(b), and the reporting requirements of Sections 2002(b) and (c). Nothing in this Section 3003 shall be construed to permit a building owner to use tenant utility subscription data or usage data for purposes other than compliance with Chapters 20 and 30 of the Environment Code.
(d) Program Wait List. A nonresidential building subject to this Chapter 30, as of the date specified in subsection (a), will be compliant if they are on a waitlist for enrollment in a program satisfying the conditions of subsection (b).
(e) Existing Electricity Contracts. A nonresidential building subject to this Chapter 30 will not be considered in violation of this Chapter 30 during the term of an existing long-term energy contract executed and dated prior to December 31, 2019.
(Added by Ord. 220-19, File No. 190708, App. 10/4/2019, Eff. 11/4/2019)
(a) The Director may adopt rules and regulations for the implementation of this Chapter 30, including rules for an electronic submittal of an Annual Statement of Sources of Electricity, and for the verification of compliance with the requirements of this Chapter.
(b) The Director may modify or suspend any or all of the requirements of this Chapter 30 if the Director submits a written determination to the Board of Supervisors and the Mayor indicating:
(1) lack of 100% greenhouse gas (GHG)-free or renewable energy resources available to meet demand, and/or
(2) the cost of all available 100% greenhouse gas (GHG)-free or renewable energy resources is more than 5% of each provider’s default program offering, and/or
(3) the requirement conflicts with or is similar or less comprehensive than a renewable energy requirement adopted by the State of California or the Federal government.
(Added by Ord. 220-19, File No. 190708, App. 10/4/2019, Eff. 11/4/2019)
The enforcement procedures and use of proceeds provisions of Chapter 20, Section 2009, shall apply to violations of this Chapter 30.
(Added by Ord. 220-19, File No. 190708, App. 10/4/2019, Eff. 11/4/2019)
In adopting this Chapter 30, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any building owner who claims that such breach proximately caused injury.
(Added by Ord. 220-19, File No. 190708, App. 10/4/2019, Eff. 11/4/2019)
The provisions of this Chapter 30 shall be construed so as not to conflict with applicable federal or state laws, rules, or regulations. Nothing in this Chapter shall authorize any City agency or department to impose any duties or obligations in conflict with limitations on municipal authority established by federal or state law at the time such agency or department action is taken.
(Added by Ord. 220-19, File No. 190708, App. 10/4/2019, Eff. 11/4/2019)
If any of the provisions of this Chapter 30 or the application thereof to any building owner or circumstance is held invalid, the remainder of those provisions, including the application of such part or provisions to building owners or circumstances other than those to which it is held invalid, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Chapter are severable.
(Added by Ord. 220-19, File No. 190708, App. 10/4/2019, Eff. 11/4/2019)