SEC. 904. CLIMATE ACTION PLAN.

   (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)

SEC. 905. CITY DEPARTMENT ROLES AND RESPONSIBILITIES.

   (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)

SEC. 906. MARKET-BASED COMPLIANCE MECHANISMS.

   (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)

SEC. 907. MONITORING, EVALUATION, AND REPORTING.

   (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)

SEC. 908. MISCELLANEOUS.

   (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)

SEC. 909. IMPLEMENTATION OF ALL-ELECTRIC BUILDING STANDARD.

New Ordinance Notice

Publisher's Note: This section has been ADDED by new legislation (Ord. 237-20 , approved 11/25/2020, effective 12/26/2020). The text of the section will be included below when the enacting legislation is effective.

   (a)   The Department of Environment (“Department”) shall coordinate with the Department of Building Inspection in implementation of the All-Electric building requirement in Section 106A.1.17 of the Building Code, and shall provide technical assistance to support San Francisco residents, workers, and businesses through the transition to building electrification.

   (b)   The Department shall hold at least one public meeting annually to discuss the annual report from the Department of Building Inspection detailing the status of applications for permits to construct new Mixed-Fuel Buildings pursuant to an exception to Building Code Section 106A.1.17.

   (c)   Concurrent with implementation of the All-Electric building requirement, the San Francisco Public Utilities Commission will evaluate opportunities for the expansion of non-potable onsite water treatment systems, graywater heat recovery systems, and solar thermal water heating, and shall present findings and recommendations to the Board of Supervisors by no later than March 1, 2021 1

(Added by Ord. 237-20, File No. 200701, App. 11/25/2020, Eff. 12/26/2020)

CODIFICATION NOTE

1.   So in Ord. 237-20.