Findings and Purpose. | |
Definitions. | |
Greenhouse Gas Emissions Limit. | |
Greenhouse Gas Emissions Reduction Plan. | |
Mandatory Annual Greenhouse Gas Emissions Reporting. | |
Enforcement. | |
Market-Based Compliance Mechanisms. | |
Local Energy Generation. | |
Miscellaneous. |
The Board of Supervisors finds that:
(a) In 2002, the Board of Supervisors adopted Resolution 158-02 that called for the City to develop plans to reduce its greenhouse gas emissions to 20 percent below 1990 levels by the year 2012.
(b) In 2004, the Department of the Environment and the San Francisco Public Utilities Commission issued "The Climate Action Plan For San Francisco," which included an accounting of greenhouse gas emissions associated with City activities, an accounting of greenhouse gas emissions within the City and County of San Francisco but not associated with City operations, and emission reduction recommendations for transportation, energy efficiency, renewable energy and solid waste management sectors.
(c) City Departments, under the leadership of the Department of the Environment and on their own initiative, are engaged in various undertakings to implement the recommendations in "The Climate Action Plan," and are making steady progress in certain areas toward the 2012 goal.
(d) In 2005, Governor Schwarzenegger issued Executive Order S-3-05 which established Statewide greenhouse gas emissions reduction targets for California as follows: by 2010, reduce greenhouse gas emissions to 2000 levels; by 2020, reduce greenhouse gas emissions to 1990 levels, and by 2050 reduce greenhouse gas emissions to 80 percent below 1990 levels.
(e) In 2006, California enacted AB 32, the California Global Warming Solutions Act of 2006. (CA Health and Safety Code Section 38.500 et seq.) which requires the California Air Resources Board to determine the statewide greenhouse gas emissions level in 1990, set that 1990 level as the statewide greenhouse gas emissions level to be achieved by 2020, and to adopt and implement statewide plans, protocols, rules and regulations to achieve and exceed the 2020 goals.
(f) It is the intent of the Mayor and the Board of Supervisors to protect the health and welfare in a manner that compliments state and federal efforts to improve air quality by exercising a leadership role in mandating local actions to reduce global warming, and, in particular, to call upon City departments and the private sector to integrate emission reduction measures into their standard operating procedures in order that the City meets and exceeds the greenhouse gases emissions established in this Ordinance.
(Added by Ord. 81-08, File No. 071294, App. 5/13/2008)
(a) "CARB" means the California Air Resources Board.
(b) "Carbon Dioxide Equivalent" means the amount of carbon dioxide by weight that would produce the same global warming impact as a given weight of another greenhouse gas, based on the best available science, as determined by the Department of the Environment.
(c) "Climate Action Plan" means the "The Climate Action Plan For San Francisco" issued in 2004 by the Department of the Environment and the San Francisco Public Utilities Commission.
(d) "GHG emission reduction measure" means programs, measures, standards, and alternative compliance mechanisms authorized pursuant to Section 903, applicable to sources or categories of sources that are designed to reduce emissions of greenhouse gases.
(e) "GHG", Greenhouse gas" or "greenhouse gases" means and includes all of the following gases: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
(f) "San Francisco Greenhouse Gas Emissions limit" means the combined level of greenhouse gas emissions, expressed in tons of carbon dioxide equivalents, from all sources within the geographic limit of the City and County of San Francisco, whether or not such source is subject to regulation by local law.
(g) "SFPUC" mean the San Francisco Public Utilities Commission.
(Added by Ord. 81-08, File No. 071294, App. 5/13/2008)
(a) The following San Francisco greenhouse gas emissions limits are hereby established:
(i) By 2008, determine 1990 City greenhouse gas emissions as provided in Section 902(c) below;
(ii) By 2017, reduce greenhouse gas emissions by 25 percent below 1990 levels;
(iii) By 2025, reduce greenhouse gas emissions by 40 percent below 1990 levels; and
(iv) By 2050, reduce greenhouse gas emissions to 80 percent below 1990 levels. These targets shall remain in effect unless otherwise amended or repealed.
(b) All City departments shall consider the effect of all decisions and activities within their jurisdiction on green house gas emissions and undertake their responsibilities to the end that the City achieves the greenhouse gas emissions limits set forth in this Ordinance.
(c) No later than January 1, 2009, the Commission on the Environment, shall, after one or more public hearings, determine what the greenhouse gas emissions level within the City and County of San Francisco for City and private enterprise activities was in 1990. Such determination shall be the baseline level for determining the greenhouse gas emission limits to be achieved in 2017 and 2050, under subsection (a), above. In determining the 1990 level, the Department of the Environment shall take into consideration the inventory identified in the Climate Action Plan, the methodology adopted by the State Air Board under AB 32, and the best available scientific, technological, and economic information and shall make reasonable efforts, where appropriate, to promote consistency between its methodology and the methodology used by other international, federal and state greenhouse gas emission measurement and reporting programs.
(d) The Department of the Environment is urged to promulgate interim greenhouse gas emissions goals to facilitate the City's achievement of the 2017 and 2050 greenhouse gas emissions limits set forth in Subsection (a), above, provided, however, that such interim goals shall be for purposes of measuring the City's progress toward achieving the targets set forth in subsection (a), above and shall not be independently binding.
(e) The Department of the Environment shall, where appropriate and to the maximum extent feasible, work with other local, State And federal governmental agencies, including but not limited to the CARB, and non-profit entities to develop uniform standards and protocols for measuring, verifying and reporting on greenhouse gas emissions.
(Added by Ord. 81-08, File No. 071294, App. 5/13/2008)
(a) Consistent with its Charter duty regularly to produce an assessment of San Francisco's environmental condition, the Department of the Environment shall coordinate all departmental action plans, reports of actions taken, and their effectiveness in achieving the greenhouse gas emissions limits provided herein.
(b) The Department of the Environment, in cooperation with the SFPUC, shall manage the City's monitoring and reporting obligations imposed, from time to time, by Federal or State law, including but not limited to requirements imposed by the CARB under AB32.
(c) On or before January 30, 2009, all City departments shall assess GHG emissions associated with their activities and submit, in a format specified by the Department of the Environment, a written action plan that identifies and makes recommendations on GHG emission reduction measures applicable to
(i) operations of the department and other City greenhouse gas emission sources within its jurisdiction, and
(ii) private sector greenhouse gas emission sources regulated by the department. Such Plan shall identify the potential costs of identified measures and the estimated potential benefits of elements in the plan for reducing greenhouse gases, and may also identify other economic and non-economic impacts to the City's economy and environment
(d) In addition to the requirement set forth in subsection (d), above, the following requirements apply to the following City departments:
(i) The San Francisco Planning Department shall:
(A) Review the City's General Plan, including but not limited to the environmental protection, air quality, urban design and transportation elements, for consistency with this Ordinance and, as appropriate, urge the Planning Commission to recommend to the Board of Supervisors amendments to the General Plan to add the greenhouse gas emissions limits in this Ordinance and policies to achieve those targets;
(B) Include consideration of a project's impact on the San Francisco greenhouse gas emissions limits in this Ordinance as part of its review under the California Environmental Quality Act (CEQA); and
(C) In consultation with the Executive Director of the Municipal Transportation Agency, Department of Public Health, San Francisco County Transportation Authority, the Department of the Environment and other affected City departments, review City transit, pedestrian, bicycle, parking, and transportation demand management programs and requirements within their jurisdiction and, as appropriate, recommend legislation to the Board of Supervisors that will enhance the City's "transit first" policy, encourage a shift to sustainable transportation modes for trips to, from, and within the City, and reduce transportation-related emissions to achieve City greenhouse gas emissions targets set forth in this Ordinance.
(ii) The San Francisco Department of Building Inspection shall review and, as appropriate, recommend to the Board of Supervisors amendments to the Building Code or other local laws (A) to improve energy efficiency in new construction and in repairs and alterations to existing buildings, (B) to optimize energy efficiency of HVAC, lighting, and other building systems, and (C) to mandate retrofitting of buildings at time of sale.
(iii) The Department of Public Works shall:
(A) Review maintenance and construction standards, programs and requirements within its jurisdiction and, as appropriate, develop orders, regulations, or amendments to the Department's Standard Plans and Specifications to address the policies of this Ordinance and/or recommend legislation to the Board of Supervisors, including amendments to the Public Works Code or other City codes or ordinances, to achieve the greenhouse gas emissions limits set forth in this Ordinance; and
(B) in consultation with the SFPUC and other affected City Departments, review, and as appropriate recommend changes to street and other public lighting standards to enhance energy efficiency and thereby reduce City greenhouse gas emissions.
(iv) The City Administrator shall:
(A) review, in consultation with the SFPUC, the energy efficiency of City buildings and city occupied leaseholds, and, as necessary, recommend cost effective steps to increase their efficiency, and
(B) in collaboration with the Department of the Environment and other affected City departments, review, and, as appropriate, recommend amendments to City procurement laws and practices, including but not limited to Chapter 2 of this Code (Environmentally Preferable Purchasing Ordinance), to include the impact of City procurement decisions on greenhouse gas emissions.
(Added by Ord. 81-08, File No. 071294, App. 5/13/2008)
(a) Beginning at the close of fiscal year 2008-2009, no later than 90 days after the close of each fiscal year, all City departments shall submit, in a format specified by the Department of the Environment, a written update of the plans, status of any recommendation required by Section 903, and the GHG emission reductions from actions taken to the Department of the Environment. Such updates shall, to the extent feasible, provide information to enable the Department of the Environment to calculate the City's progress toward meeting the greenhouse gas emissions limits set forth in this Ordinance.
(b) Beginning in January 2010, and annually thereafter, and based on the written reports required in Section 904(a) and such other reliable data as the Department of the Environment shall compile, the Department of the Environment shall report to the Board of Supervisors on the City's progress toward achieving the San Francisco greenhouse gas emissions limits of this Ordinance. Such annual report shall be consistent with the methodology established by the Department of the Environment under Section 903(c), except that the Department of the Environment may revise such methodology to conform to recognized protocols.
(Added by Ord. 81-08, File No. 071294, App. 5/13/2008)
The Department of the Environment shall report any non-compliance with the reporting requirements of this Ordinance to the Mayor and the Board of Supervisors.
(Added by Ord. 81-08, File No. 071294, App. 5/13/2008)
(a) The Department of the Environment, utilizing the expertise of relevant City Departments and Agencies, shall research and, as appropriate, recommend legislation to the Board of Supervisors, concerning whether and how to develop or utilize available market-based compliance mechanisms, such as greenhouse gas emissions exchanges, banking, credits, and other similar transactions governed by rules and protocols established by the City, CARB or other recognized governmental or non-profit entity as credit toward City greenhouse gas emission reductions.
(b) The Department of the Environment shall provide technical assistance, and coordinate City applications for, any approved market-based mechanisms that the City intends to use in furtherance of achieving the San Francisco greenhouse gas emissions limit.
(Added by Ord. 81-08, File No. 071294, App. 5/13/2008)
The Board of Supervisors urges the SFPUC to develop and to implement an energy action plan that includes at least the following:
(a) In coordination with the Department of the Environment, develop a plan to achieve the goal of San Francisco becoming fossil fuel free by 2030;
(b) In coordination with the Department of the Environment, setting annual goals for generating electricity locally through renewable generation; and
(c) Integrating the greenhouse gas emissions targets and policies of this Ordinance into the Sewer Master Plan.
(Added by Ord. 81-08, File No. 071294, App. 5/13/2008)
(a) 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.
(b) 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. Any and all greenhouse gas reduction activities adopted and implemented under this Ordinance are intended to be complementary and nonduplicative of measures required or to be adopted by any State or Federal agency under State or Federal law. Nothing in this Ordinance shall relieve any person, entity, including any City Department or City Official of compliance with other applicable Federal, State, or local laws or regulations, including Federal or State air and water quality requirements, and other requirements for protecting public health or the environment.
(c) 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.
(Added by Ord. 81-08, File No. 071294, App. 5/13/2008)