*Editor’s Note:
The title of former Chapter 7, “Green Building Requirements for City Buildings” (formerly “Resource Efficiency Requirements”) was changed upon the incorporation of the extensive amendments made to the chapter by Ord. 204-11, at the discretion of the codifier and upon consultation with the office of the City Attorney. That chapter was subsequently repealed in its entirety by Ord. 38-23, which also enacted the current Chapter, effective April 24, 2023.
The title of former Chapter 7, “Green Building Requirements for City Buildings” (formerly “Resource Efficiency Requirements”) was changed upon the incorporation of the extensive amendments made to the chapter by Ord. 204-11, at the discretion of the codifier and upon consultation with the office of the City Attorney. That chapter was subsequently repealed in its entirety by Ord. 38-23, which also enacted the current Chapter, effective April 24, 2023.
The Board of Supervisors finds and declares that:
(a) Conventional building industry practices contribute to ecosystem degradation and our climate crisis. Construction activities are responsible for more than 30% of global resource use, and it is anticipated that embodied carbon will be responsible for 72% of the carbon emissions associated with global new construction between 2020 and 2030.
(b) In the United States, buildings consume 40% of all energy and 74% of all electricity. Buildings in San Francisco currently generate 41% of the City’s greenhouse gas emissions. More than 99% of the greenhouse gas emissions associated with the municipal portfolio can be attributed to the use of natural gas for building operations.
(c) San Francisco has established targets to supply 100% renewable energy by 2025, reduce greenhouse gas emissions 61% below 1990 levels by 2030, and achieve net-zero emissions by 2040.
(d) San Francisco is susceptible to natural and climate disasters, and the incorporation of strategies for resilience can reduce morbidity and mortality rates, lower utility costs, and contribute to incident stabilization.
(e) Green building is a form of climate action that minimizes greenhouse gas emissions, relies on energy efficiency and renewable resources, conserves water, optimizes material use, provides healthy and biodiverse environments, and bolsters an equitable society.
(f) Third party rating systems characterize the lifecycle considerations for green buildings. These programs can offer credibility, transparency, and consistency to project teams in pursuit of an elevated and well-defined performance standard for Municipal Construction Projects.
(Added by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(Former Sec. 700 added and former Sec. 700 repealed by Ord. 88-04, File No. 030679, App. 5/27/2004; amended by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011; Ord. 52-17, File No. 161287, App. 3/17/2017, Eff. 4/16/2017; repealed by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
For purposes of this Chapter 7, the following terms shall have the meanings set forth below.
“All-Electric” shall have the same meaning as “All-Electric Building or Project” as defined in the San Francisco Green Building Code, as amended from time to time.
“Biodiversity Guidelines” means specific actions for project teams to create local wildlife habitat in the built environment toward fulfilling the City’s Biodiverse City Vision, in accordance with the SF BOS 2018 Biodiversity Resolution. (sfenvironment.org/biodiversityguidelines)
“Building” means any structure with a roof and walls that supports or shelters a use or occupancy, other than that which primarily provides for the collection, storage, treatment, delivery, distribution, and/or transmission of water, wastewater, and/or power utilities.
“City Department” means any agency of the City and County of San Francisco. Any other local, state, or federal agency doing business in San Francisco is not a City Department, such as the San Francisco Unified School District, the San Francisco Community College District, the Office of Community Investment and Infrastructure, and the San Francisco Housing Authority.
“City Leasehold” means a Building or portion thereof owned by a party other than the City where a City Department is a tenant.
“City-Owned Property” means any land or real estate belonging to the City and County of San Francisco, including any portion thereof that is leased to a non-City entity.
“City Representative” means the employee of the City and County of San Francisco who oversees the process for a Municipal Construction Project and is responsible for ensuring that the Contractor complies with all aspects of the contract documents.
“Commission” means the Commission on the Environment.
“Community Center” means a Building and its grounds, where regular public programming provides an essential health and wellness function, important to maintain during an emergency. For the Recreation and Park Department, Community Center specifically means a recreation center.
“Construction and Demolition Debris” or “C & D Debris” shall have the same meaning as “Construction and Demolition Debris” as defined in the Environment Code, Chapter 14, as amended from time to time.
“Contractor” means the company or Person to whom the City awards a binding agreement to deliver a Municipal Construction Project.
“Critical Community Institution” means a Building necessary for providing vital societal and individual functions, including public safety facilities, health clinics, Community Centers, libraries, and emergency management facilities.
“Department” means the Department of the Environment.
“Design Phases” means the generally accepted stages of architectural design: conceptual design, schematic design, design development, and construction documents.
“Director” means the Director of the Department of the Environment or their designee.
“Embodied Carbon” means the sum impact of all the greenhouse gas emissions attributed to a material throughout its lifecycle.
“Green Building Rating System” means an assessment tool, created and managed by a reputable organization in good standing and recognized by the building industry as meeting the standard of care, that includes the following general characteristics, at a minimum:
· Holistic approach to program requirements, with established and comprehensive sustainability metrics for measuring performance in a range of impact areas, such as energy; environmental justice; human and environmental health; integrative process; materials; site and surrounds; and water;
· Independent third-party verification;
· Mechanism for consistent evaluation and communication of achievement or levels of achievement;
· Standardized processes for project data tracking and project team support; and
· Commitment to continuous improvement with clearly delineated and transparent methods for program updates.
“Green Business Certification Inc.” or “GBCI” is the global certification body for the LEED green building program and other sustainability rating systems, as well as the administrator of related professional credentials. (www.gcbi.org)
“Indoor Air Quality” or “IAQ” means the characteristics of air within and around a Building, especially as it relates to the health and comfort of Building occupants, and as it is affected by gases (including but not limited to carbon dioxide, carbon monoxide, radon, formaldehyde, ozone, nitrogen oxides, semi-volatile organic compounds, sulfur oxides, volatile organic compounds), particulates, and microbial contaminants (e.g., mold, bacteria).
“Indoor Environmental Quality” means the overall state of conditions within a Building that affects its occupants, including but not limited to Indoor Air Quality, lighting, acoustics, thermal conditions, daylight, views, and ergonomics.
“Leadership in Energy and Environmental Design” or “LEED®” is an internationally recognized and third-party verified green building rating system developed by the U.S. Green Building Council. (www.usgbc.org/leed)
“LEED Accredited Professional With Specialty” or “LEED AP With Specialty” means an employee of a City Department or a consultant retained by the City through a design or construction contract or other agreement, who has passed the LEED AP With Specialty accreditation exam issued by GBCI and has maintained this credential by earning continuing education hours.
“LEED Online” means the web-based platform provided by the U.S. Green Building Council for LEED project registration, team collaboration, document management, project progress monitoring, and access to forms, reviewer comments, and certification credit language.
“LEED Project Administrator” means the individual member of the design team who registers a Municipal Construction Project with GBCI, and subsequently administers the LEED documentation and certification process for the project. The LEED Project Administrator shall be a LEED AP With Specialty in good standing.
“LEED Scorecard” means a summary chart indicating all LEED prerequisites and credits being pursued and reasonably expected to be achieved for a Municipal Construction Project.
“Maintenance” means repair, replacement, or modernization of items as part of single-trade scope of work (e.g., roofing, boiler, chiller, fire sprinkler, fire alarm, elevator), accessibility barrier removal, or non-permitted work (e.g., finish materials, furniture systems, hardware).
“Major Renovation” means a Municipal Construction Project where Building interior finishes are removed and significant upgrades to structural and/or mechanical, electrical, and/or plumbing systems are proposed; and where the scope of work is extensive enough such that normal Building operations cannot continue while the work is in progress and/or a new certificate of occupancy, or similar official indication that it is fit and ready for use, is required.
“Material Reduction and Recovery Plan” or “MRRP” shall have the same meaning as “Material Reduction and Recovery Plan” as defined in Environment Code, Chapter 14, as amended from time to time.
“Municipal Construction Project” means any planning, design, construction, deconstruction, or demolition activity performed by a City Department or on a city-owned property.
“Natural Gas” shall have the same meaning as “Fuel Gas” as defined in the California Plumbing Code and Mechanical Code, as amended from time to time.
“New Construction” means a Municipal Construction Project that includes land disturbing activity from the ground up, with a new Building envelope and new structural, mechanical, electrical, and plumbing systems.
“Non-Building Project” means a Municipal Construction Project that does not include a Building.
“Person” means a natural person, a firm, joint stock company, business concern, association, partnership or corporation or, to the extent permitted by law, governmental entity, including the City and County of San Francisco and its departments, boards, and commissions for projects within the nine counties surrounding the San Francisco Bay (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma), and its or their successors or assigns.
“Small Project” means New Construction, Major Renovation, or Tenant Improvement that either is less than 10,000 gross square feet or is of any size with insufficient scope to meet all LEED prerequisites.
“Tenant Improvement” means a Municipal Construction Project that involves the customized alterations to the interior of an occupiable Building to accommodate the needs of specific occupants, where interior finishes are removed and/or mechanical, electrical, and/or plumbing systems are proposed, such that normal building operations cannot continue while the work is in progress and/or a new certificate of occupancy, or similar official indication that it is fit and ready for use, is required.
“Tier 1 Emergency Loads” means mission-critical, life-sustaining electrical end uses which shall not comprise less than 10% of total Building electrical capacity and shall include loads essential to the continued function of the use(s) that are the basis for the designation of Critical Community Institution at the site.
“Tier 2 Priority Loads” means electrical end uses that should maintain operation in the event of disruption to electricity supply only when doing so does not threaten the resilient operation of Tier 1 Emergency Loads. Tier 2 Priority Loads usually comprise about 15% of total Building electrical capacity.
“Tier 3 Discretionary Loads” means electrical end uses that should maintain operation in the event of disruption to electricity supply only when doing so does not threaten the resilient operation of Tier 1 Emergency Loads and Tier 2 Priority Loads. Tier 3 Discretionary Loads usually comprise about 75% of total Building electrical capacity.
“Virtual Warehouse” means the City’s online reuse system for all unwanted City-owned items. The Virtual Warehouse facilitates the reuse, recycling, and proper disposal of city-owned material pursuant to the Surplus Disposal Ordinance and Resource Conservation Ordinance. (https://sfenvironment.org/virtualwarehouse).
(Added by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(Former Sec. 701 added and former Sec. 701 repealed by Ord. 88-04, File No. 030679, App. 5/27/2004; amended by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011; Ord. 52-17, File No. 161287, App. 3/17/2017, Eff. 4/16/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; Ord. 8-20, File No. 190972, App. 2/7/2020, Eff. 3/9/2020, Retro. 1/1/2020; repealed by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(a) Municipal Green Building Task Force.
(1) Establishment and purpose. The Municipal Green Building Task Force (the “Task Force”) is hereby established to oversee and assist in enhancing the environmental performance of Municipal Construction Projects pursuant to this Chapter 7. The Task Force shall assist the Director in providing green building advice, assistance, outreach, and education to City Departments. The Task Force shall advise the Department of the Environment on matters of policy related to this Chapter and may review Municipal Construction Projects subject to this Chapter during their design and construction to ensure that the responsible City Departments are complying with the Chapter’s requirements. The Task Force shall hear waiver requests from City Departments and propose recommended actions to the Director (or to the Executive Director of the Port of San Francisco for projects located on property owned or managed by the Port of San Francisco). The Task Force shall facilitate interdepartmental communication and cooperation, and act as an educational forum to increase green building knowledge and share project-related successes and lessons learned.
(2) Membership. The Task Force shall consist of one member of the public appointed by the Mayor, and a representative with building design, construction, and/or finance experience from each of the following City Departments and divisions, or their successor agencies:
(A) Department of the Environment;
(B) Building Design and Construction Division within San Francisco Public Works;
(C) Design and Engineering Division within San Francisco Public Works;
(D) Landscape Architecture Division within San Francisco Public Works;
(E) San Francisco Public Works Buildings - Project Management;
(F) Bureau of Building Repair within San Francisco Public Works;
(G) Power Enterprise within San Francisco Public Utilities Commission;
(H) Water Enterprise within San Francisco Public Utilities Commission;
(I) Wastewater Enterprise within San Francisco Public Utilities Commission;
(J) Infrastructure within San Francisco Public Utilities Commission;
(K) Capital and Planning Division within Recreation and Park Department;
(L) Capital Programs and Construction Division within San Francisco Municipal Transportation Agency;
(M) Office of Resilience and Capital Planning within Office of City Administrator;
(N) Department of Building Inspection;
(O) Citywide Planning Division within Planning Department;
(P) Port of San Francisco;
(Q) San Francisco International Airport;
(R) Facilities Division within San Francisco Public Library;
(S) Fire Department;
(T) Department of Public Health; and,
(U) Real Estate Division within Office of the City Administrator.
Membership on the Task Force is intended, to the extent applicable, to be a continuation of membership on the similar task force established in an earlier iteration of this Section 702, repealed by the ordinance in Board File No. 221223, except to the extent an appointing authority decides to make a change in membership.
(3) Governance. The Task Force shall adopt bylaws to govern its operations.
(b) Department of the Environment.
(1) General duties under this Chapter 7. The Department of the Environment shall:
(A) Develop goals, strategies, and criteria for optimizing the design, construction, renovation, operation, reuse, and dismantling of Municipal Construction Projects and Buildings, and make related policy recommendations to the Board of Supervisors;
(B) Develop and oversee trainings in green building practices for City staff to aid the implementation of policies adopted by the Board of Supervisors;
(C) Chair the Task Force, and coordinate City Departments having responsibility for compliance with the requirements of this Chapter;
(D) Provide technical oversight and assistance directly to Municipal Construction Project teams or through green building technical assistance contracts; and
(E) Develop forms and materials necessary for compliance with this Chapter.
(2) Guidance, rules and regulations. After a public hearing, the Director may promulgate such guidance, forms, performance procedures, rules, and regulations as may be necessary or appropriate from time to time to implement the provisions of this Chapter 7. The Director is authorized to call upon the Task Force and other City Departments as necessary and appropriate to assist in developing such guidance, forms, performance procedures, rules, and regulations. Such guidance, forms, performance procedures, rules, and regulations may include adopting or modifying locally required measures for Municipal Construction Projects, as documented in Section 704.
(3) Implementation costs. The Director shall determine the costs to implement the provisions of this Chapter 7 and shall request that relevant City Departments provide work orders to the Department to cover the costs of implementing and maintaining the programs required by this Chapter.
(c) City Departments.
(1) General Duties Under This Chapter 7. Each City Department, board, and commission subject to this Chapter shall:
(A) Administer its Municipal Construction Projects in accordance with this Chapter;
(B) Cooperate with the Department, and supply in writing all information necessary for the Department to carry out its duties under this Chapter;
(C) Assist the Director in providing advice, assistance, outreach, and education to other City Departments concerning municipal green building practices;
(D) Provide project reports and presentations to the Task Force upon request;
(E) Attend green building related trainings offered by the Department, as appropriate;
(F) Give the Department access to LEED Online and other Green Building Rating System web-based platforms for each Municipal Construction Project registered for certification; and
(G) Designate an employee to represent the interest of, and provide the expertise of, that City Department or division on the Task Force, if listed in Section 702(a)(2).
(Added by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
(Former Sec. 702 added and former Sec. 702 repealed by Ord. 88-04, File No. 030679, App. 5/27/2004; amended by Ord. 204-11, File No. 110854, App. 10/11/2011, Eff. 11/10/2011; Ord. 52-17, File No. 161287, App. 3/17/2017, Eff. 4/16/2017; repealed by Ord. 38-23, File No. 221223, App. 3/24/2023, Eff. 4/24/2023)
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