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The Board of Supervisors finds that:
(a) In 2016, the Paris Climate Agreement committed national governments to pursue efforts to limit temperature rises to 1.5 degrees Celsius. In 2018, the Intergovernmental Panel on Climate Change (IPCC) issued a special report on the impacts of global warming and the need to significantly reduce global greenhouse gas emissions well before 2030 to reduce the most detrimental impacts to ecosystems and to human health.
(b) In 2018, the United States’ Fourth National Climate Assessment made clear that climate change will wreak havoc across the United States, and that the current pace and scale of national climate action are not sufficient to avert substantial damage to the environment, human health, and economy. According to the San Francisco Department of Public Health’s Climate and Health Adaptation Framework (2017), the direct and indirect impacts of climate change will disproportionately affect San Francisco communities least able to prepare for, cope with, and recover from those impacts. Those communities include communities of color, low income communities, and other vulnerable populations.
(c) San Francisco, the Bay Area, and the State of California are already suffering the effects of climate change in the form of droughts, air pollution, extreme heat, frequent wildfires, flooding, and much more.
(d) At the 2018 Global Climate Action Summit, San Francisco committed to meet the Paris Agreement by achieving a net zero city by 2050. The City joined in a Climate Equity Pledge to ensure that the City’s 2020 Climate Action Strategy update achieves the dual goals of advancing racial equity and decreasing carbon emissions.
(e) San Francisco’s climate commitments and climate action strategy are framed by the City’s “0-80-100-Roots” framework, which defines climate and sustainability goals in four key areas: zero waste (“0% zero waste”), transportation (“80% low-carbon trips”), energy (“100% renewable energy”), and carbon sequestration (“Roots”).
(f) One of the City’s fundamental goals in implementing the 0-80-100-Roots Climate Action Framework is to promote equity by ensuring that implementation reflects and responds to the economic, political, and social needs of different San Francisco vulnerable communities.
(g) Achieving the “0-80-100-Roots” goals in the City will mean cleaner air, fewer vehicles on the road, more reliable transit systems, more bike lanes and pedestrian-friendly networks, highly efficient homes and businesses powered by 100% clean electricity, a robust urban tree canopy, plentiful green spaces, improved soil health, and a regenerative ecosystem.
(h) Meaningful climate solutions will require increasing supplies of high-quality housing affordable to households at all income levels and located near local and regional transit service. These solutions will also require well-coordinated land use and transportation planning and investments to support low-carbon trips using efficient travel modes such as transit, walking, and biking, in order to reduce vehicle miles traveled and associated emissions.
(i) The success of the City in achieving its climate goals thus far has been clear: in 2019, San Francisco achieved a 41% reduction in greenhouse gas emissions below 1990 levels, surpassing the target reduction of 25% established by the Board of Supervisors. This success has been driven by the continued replacement of fossil fuel power generation with renewable sources, a cleaner electric grid, increased building energy efficiency, a transition to low-carbon transportation fuels, and a leading zero waste system.
(j) In 2019, the Board of Supervisors unanimously adopted Resolution No. 160-19, declaring a climate emergency in San Francisco and requesting immediate action to address the climate crisis, limit global warming to 1.5 degrees Celsius, and eliminate greenhouse gas emissions.
(k) The Department of the Environment’s 2019 report titled “Focus 2030: A Pathway to Net Zero Emissions” shows that achieving accelerated emissions reductions by 2050 will require an ongoing commitment that builds upon and surpasses San Francisco’s past successes and increases resources accordingly to continue to reduce emissions all the way to net zero.
(Added by Ord. 81-08, File No. 071294, App. 5/13/2008; amended by Ord. 117-21, File No. 210563, App. 8/4/2021, Eff. 9/4/2021)
“0-80-100-Roots” means the City’s climate action framework, where “0” refers to a goal of zero waste, “80” refers to a goal of 80% low-carbon trips, “100” refers to a goal of 100% renewable energy, and “Roots” refers to sequestering carbon through natural systems.
“Climate Action Plan” means the document required under Section 904 outlining the specific actions the City will endeavor to take to reduce Greenhouse Gas emissions and offset negative climate impacts.
“Consumption-Based Greenhouse Gas Emissions” means all the Greenhouse Gas emissions associated with producing, transporting, using, and disposing of products and services consumed by a particular community or entity in a given time period, including emissions generated outside the boundaries of the community or the geographic area where the entity is located.
“Greenhouse gas” means any and all of the following gases: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
“Hazards and Climate Resilience Plan” means the plan prepared by the Office of Resilience and Capital Planning (ORCP) to increase the resilience of all components that keep the City functioning: buildings, infrastructure, utilities, transportation, communication systems, and the people who live and work in San Francisco.
“Low-Carbon Trips” mean trips into, out of, and within the City’s boundaries which generate zero or low greenhouse gas emissions.
“Net Zero Sector-Based Greenhouse Gas Emissions” means Sector-Based Greenhouse Gas Emissions after first eliminating emissions from fossil fuels and other sources, and then, for each ton of emissions that cannot be eliminated, removing a ton of carbon dioxide equivalent from the atmosphere.
“Renewable Energy” means energy 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.
“Responsible Production and Consumption” means improving how materials and products are extracted, manufactured, delivered, acquired, used, reused, recycled, and disposed of to ensure that the production and consumption of materials and products promote basic human needs, are distributed in a socially equitable manner, and carried out in a way that minimizes environmental impacts over the lifecycle of those materials and products while matching the carrying capacity of the earth’s resources and adding value so as not to jeopardize present and future generations. (See United Nations’ Sustainable Development Goal 12.) “Lifecycle” means the complete material life of a product, good, or service, including resource extraction, manufacture, assembly, construction, maintenance, transportation, operations or use, and end of life (reuse, recycling/composting, and disposal). “Carrying capacity” means the number or amount of people, plants, and other living organisms that an ecosystem can support indefinitely without causing environmental degradation.
“Sector-Based Greenhouse Gas Emissions” means all of the Greenhouse Gas emissions generated within the geographic boundaries of the City in a given time period.
(Added by Ord. 81-08, File No. 071294, App. 5/13/2008; amended by Ord. 117-21, File No. 210563, App. 8/4/2021, Eff. 9/4/2021)
(a) The City adopts the following targets for reducing San Francisco Greenhouse Gas emissions:
(1) By 2030, a reduction in Sector-Based Greenhouse Gas Emissions of at least 61% compared to 1990 levels;
(2) By 2030, a reduction in Consumption-Based Greenhouse Gas Emissions to 30 mtCO2e per household or less, equivalent to a 40% reduction compared to 1990 levels;
(3) By 2040, achievement of Net Zero Sector-Based Greenhouse Gas Emissions by reducing such emissions by at least 90% compared to 1990 levels and sequestering any residual emissions; and
(4) By 2050, a reduction in Consumption-Based Greenhouse Gas Emissions to 10 mtCO2e per household or less, equivalent to an 80% reduction compared to 1990 levels.
For purposes of this Section 902, “residual emissions” means any carbon dioxide or other Greenhouse Gas emissions remaining after all technically and economically feasible mitigation measures have been implemented, and “sequestering” means removing those residual emissions from the atmosphere and storing them in natural systems that support soil fertility or through other carbon farming practices.
(b) In order to meet the emissions reduction targets set out in subsection (a), the City shall pursue the sustainability goals of the 0-80-100-Roots Climate Action Framework, as follows:
(1) Zero Waste. By 2030, a reduction in the generation of solid waste of at least 15% below 2015 levels and a reduction in the amount of solid waste disposed of by incineration or deposit in landfill of at least 50% below 2015 levels;
(2) Transportation. By 2030, an increase in low-carbon trips to at least 80% of all trips measured and an increase in the level of electrification of vehicles to at least 25% of all private vehicles registered, and by 2040, an increase in the level of electrification of vehicles to 100% of all private vehicles registered;
(3) Energy. By 2025, supplying 100% renewable electricity, and by 2040, supplying 100% renewable energy;
(4) Housing. Building at least 5,000 new housing units per year with maximum affordability, including not less than 30% affordable units, and with an emphasis on retaining and rehabilitating existing housing;
(5) Buildings. By 2021, requiring zero onsite fossil fuel emissions from all new buildings, and by 2035, requiring zero onsite fossil fuel emissions from all large existing commercial buildings; and
(6) Roots. Sequestering carbon through ecosystem restoration, including increased urban tree canopy, green infrastructure, and compost application.
(c) All climate action goals set out in subsection (b) shall also include the complementary goals of advancing racial and social equity, protecting public health (including the health needs of vulnerable populations), increasing community resilience, and fostering a more just economy.
(Added by Ord. 81-08, File No. 071294, App. 5/13/2008; amended by Ord. 117-21, File No. 210563, App. 8/4/2021, Eff. 9/4/2021)
(a) The San Francisco Public Utilities Commission, in consultation with relevant City departments, community stakeholders, and technical experts, shall identify water conservation targets that include sustainable use practices, water recycling, and water reuse.
(b) The Office of Resilience and Capital Planning, in consultation with the San Francisco Public Utilities Commission, the Department of the Environment, relevant City departments, community stakeholders, and technical experts, shall identify energy resilience targets that will help the City prepare for and recover from energy disruptions with the minimum use of additional fossil fuels.
(Added by Ord. 117-21, File No. 210563, App. 8/4/2021, Eff. 9/4/2021)
(Former Sec. 903 added by Ord. 81-08, File No. 071294, App. 5/13/2008; repealed by Ord. 117-21, File No. 210563, App. 8/4/2021, Eff. 9/4/2021)
(a) By December 31, 2021, the Department of the Environment shall prepare and submit for the Mayor’s approval a Climate Action Plan (CAP) which shall do all of the following:
(1) Align with the Paris Climate Agreement to limit global warming to 1.5 degrees Celsius, and with the emissions reduction targets established in Section 902.
(2) Incorporate an equity framework that addresses historic racial and social inequities; prioritizes social, economic, and environmental benefits derived from implementing the CAP; and ensures an equitable distribution of those benefits. This framework shall consider:
(A) The engagement and prioritization of those who are most impacted by climate change and have historically had the least influence in decision-making processes, including low-income communities of color and other impacted populations;
(B) Burdens and/or unintended consequences of related actions, especially for low-income communities of color and other vulnerable populations; and
(C) Social interventions needed to secure workers’ rights and livelihoods when economies are shifting to responsible production and consumption, collectively referred to as a “just transition” framework, and other impacts on workforce and job opportunities.
(3) Identify and leverage synergies, where feasible, with the City’s existing or proposed climate adaptation and mitigation measures set out in the Hazards and Climate Resilience Plan.
(4) Incorporate a health and vulnerable populations framework that shall consider:
(A) Climate and health co-benefits, especially targeted to populations and communities disproportionately impacted by climate change; and
(B) Potential negative health impacts to individual and communities, especially vulnerable populations.
(5) Include, but not be limited to, the following elements: energy supply; transportation and land use; building operations; housing; responsible production and consumption; and carbon sequestration. No later than one year after the adoption of the ordinance in Board File No. 210563 enacting this Section 904, the Department of the Environment in coordination with the Public Utilities Commission shall prepare a water element for the CAP.
(6) Identify strategies and/or make recommendations to achieve emissions reduction targets for all elements. If targets have not been established in Section 902, the CAP shall recommend approaches on goals and principles. Each strategy or recommendation shall:
(A) Identify parties responsible for implementation;
(B) Incorporate an estimated cost; and
(C) Contain key performance indicators and explicit equity metrics to measure progress.
(b) The Department of the Environment shall update the Climate Action Plan every five years.
(Added by Ord. 117-21, File No. 210563, App. 8/4/2021, Eff. 9/4/2021)
(Former Sec. 904 added by Ord. 81-08, File No. 071294, App. 5/13/2008; repealed by Ord. 117-21, File No. 210563, App. 8/4/2021, Eff. 9/4/2021)
(a) The Department of the Environment shall be the lead agency for developing and publicizing the Climate Action Plan, including updates. The Department shall:
(1) Lead the development of strategies, key performance indicators, and equity metrics to be included in the CAP;
(2) Coordinate an interagency effort with the Planning Department, Municipal Transportation Agency, Department of Public Works, Department of Public Health, Department of Building Inspection, City Administrator’s Office, Office of Resilience and Capital Planning, San Francisco Public Utilities Commission and other relevant City agencies to develop and adopt updates to the CAP; and
(3) Work with relevant agencies, key stakeholders, and community members to develop, adopt, and monitor the implementation of the CAP.
(b) The Planning Department shall:
(1) Review the City’s Planning Code to ensure that Area Plans and development projects are consistent with the targets and aims set out in the CAP and this Chapter 9;
(2) Review the City’s General Plan for consistency and support of the City’s Greenhouse Gas emissions targets and climate action goals, with guidance from the State’s Office of Planning and Research on incorporating climate change and resilience into land use planning, and, as needed, update and amend relevant elements through the support of the Planning Commission and Board of Supervisors;
(3) Continue to implement State, regional, and/or local requirements to consider a project’s Greenhouse Gas impacts as part of its review under the California Environmental Quality Act (CEQA) regarding San Francisco’s emissions targets in this Chapter 9; and
(4) Advance plans, policies, and projects that support increased affordable housing production, especially in proximity to public transit, and that preserve affordable housing at low- and moderate-income levels.
(c) The Department of Public Health shall:
(1) In consultation with the Department of the Environment, develop an element of the CAP addressing climate impacts on health and vulnerable populations, including:
(A) Analyzing climate change as a public health threat;
(B) Identifying inequalities in the distribution of public health impacts; and
(C) Connecting climate action strategies to associated health and equity co-benefits.
(2) Develop a health and vulnerable populations framework for evaluating proposed climate action strategies to inform the implementation of those strategies; and
(3) Monitor and evaluate climate, health, and equity metrics in cooperation with public agencies and key stakeholders, including the San Francisco Health Improvement Partnership; share data with City departments and the public; and use the data to continually improve strategic actions and address emerging issues, gaps, and unintended consequences impacting health and vulnerable populations.
(d) The Department of Building Inspection shall:
(1) Support the development and implementation of high-performance green building codes to achieve higher levels of energy efficiency and the eventual elimination of the use of fossil fuels in buildings to achieve San Francisco’s emissions targets set forth in Section 902; and
(2) Work with the Department of the Environment on the development of strategies, actions, key performance indicators, and equity metrics to be included in the buildings element of the CAP.
(e) The Department of Public Works shall:
(1) Consider San Francisco’s emissions targets set forth in Section 902 in updates related to the Department’s Standard Plans and Specifications and in the design, construction, maintenance and management of public buildings and infrastructure projects;
(2) Work with City departments and stakeholders to ensure that the public right-of-way allows for electrification of buildings and transportation; and
(3) Work with the Department of the Environment on the carbon sequestration element of the CAP, including consideration of the climate and resilience benefits of planting and maintaining street trees, median landscaping, and pocket parks.
(f) The San Francisco Municipal Transportation Agency shall:
(1) Work with the Department of the Environment, the Planning Department, the San Francisco County Transportation Authority and the Department of Public Health to develop and implement projects, strategies, actions, key performance indicators, and equity metrics to be included in the transportation and land use element of the CAP, with an emphasis on advancing projects that shift single-occupant automobile trips to other modes of transportation (“mode shift”) by prioritizing the right-of-way for low-carbon and efficient modes through efforts such as improved parking management, utilization of pricing, development of local and regional transit and active mobility networks, and electrifying gas-powered vehicles.
(2) Act as the lead agency on coordinating with other relevant departments and other key stakeholders to ensure that the transportation and land use element reflects the City’s policy and programmatic priorities in this area, including the integration of existing Citywide transportation planning efforts, goals, data sources, and other considerations into the CAP.
(g) The San Francisco Public Utilities Commission shall:
(1) Lead the development of strategies, actions, key performance indicators, and equity metrics to be included in the energy element of the CAP, including proposals for meeting the City’s Renewable Energy goals and for developing community programming that reduces Greenhouse Gas emissions and incentivizes electrification.
(2) Maintain energy supply portfolios for its energy-providing programs that align with the Greenhouse Gas emission targets set forth in Section 902.
(h) The Office of Resilience and Capital Planning under the City Administrator shall:
(1) Collaborate with the Department of the Environment and other City departments to align long-term funding needs with climate adaptation or mitigation strategies and to reflect those priorities in the 10-year capital plan and in agency capital plans; and
(2) Work with the Department of the Environment and other departments to coordinate and prioritize climate adaptation and mitigation strategies articulated in the Office’s Hazards and Climate Resilience Plan and the CAP.
(i) The Purchasing Department under the City Administrator shall work with the Department of the Environment and other departments to 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 achieving City emissions reduction targets and achieving other environmental and health benefits.
(j) All City agencies shall, as needed:
(1) Provide data, information, and feedback to the Department of the Environment in developing the CAP;
(2) Consider the effect of decisions and activities under their jurisdiction on the goals of reducing Greenhouse Gas emissions and at the same time promoting racial and social equity, consistent with the CAP and the goals set forth in Section 902;
(3) Coordinate with other City departments on the development and implementation of climate-related regulations;
(4) Improve interagency coordination and communication, and coordinate funding where feasible, to advance ongoing City initiatives with co-benefits for climate change, health and equity, including Vision Zero, Transit First, and City targets for affordable housing development; and
(5) Support community engagement efforts for the CAP.
(Added by Ord. 117-21, File No. 210563, App. 8/4/2021, Eff. 9/4/2021)
(Former Sec. 905 added by Ord. 81-08, File No. 071294, App. 5/13/2008; repealed by Ord. 117-21, File No. 210563, App. 8/4/2021, Eff. 9/4/2021)
(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)
(a) The City shall demonstrate its long-term commitment to reducing Greenhouse Gas emissions and advancing racial and social equity by measuring and reporting emissions, tracking key performance indicators and equity metrics, and monitoring the City’s progress on meeting its climate action goals and commitments.
(b) The Department of the Environment shall, with the assistance from relevant City agencies:
(1) Measure and monitor Sector-Based Greenhouse Gas Emissions, including municipal emissions, using best available global protocols for preparing Citywide Greenhouse Gas emission inventories.
(2) Measure production and consumption emissions using best available global methodologies for preparing consumption-based emission inventories.
(3) Evaluate Sector-Based Greenhouse Gas Emissions against set targets, document production and consumption emissions, and produce a Greenhouse Gas emissions report.
(4) Establish a monitoring and reporting process for the implementation of the CAP that:
(A) Tracks key performance indicators and equity metrics for strategies to help monitor their progress and implementation;
(B) Reports progress against the Paris Agreement and its goal of limiting global warming to 1.5 degrees Celsius.
(5) Request and receive data from City departments starting August of every year to support:
(A) The annual Greenhouse Gas emissions inventory. City departments may be asked to provide data on, but not limited to, the following: their energy use; types of fuels used for their operations; fuel volume; vehicle-miles travelled (if applicable) within their jurisdictions; and private sector Greenhouse Gas emission sources regulated by the department. Departments may also be requested to verify emission estimates and assumptions and review resulting reports;
(B) Monitoring and reporting of CAP implementation. City departments may be asked to provide data on key performance indicators and equity metrics related to adopted strategies and actions; and
(C) The development and delivery of annual municipal building energy benchmarking reports.
(6) Coordinate with other City agencies to monitor, track, and report on climate action progress to local, state, national, and global partners.
(7) Report its findings in a progress report to the public every two years.
(Added by Ord. 117-21, File No. 210563, App. 8/4/2021, Eff. 9/4/2021)
(Former Sec. 907 added by Ord. 81-08, File No. 071294, App. 5/13/2008; repealed by Ord. 117-21, File No. 210563, App. 8/4/2021, Eff. 9/4/2021)
(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)
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