If and when a Community Choice Aggregation ("CCA") program in San Francisco is implemented and serving customers, the PUC shall sell excess power supplies to the CCA, to the extent feasible and consistent with good utility practice and the PUC's exclusive jurisdiction under the Charter.

(Added by Ord. 247-14, File No. 140704, App. 12/17/2014, Eff. 1/16/2015)

New Ordinance Notice

Publisher's Note: This section has been ADDED by new legislation (Ord. 65-21, approved 5/7/2021, effective 6/7/2021). The text of the section will be included below when the enacting legislation is effective.

[(a)] [1 ] The PUC may contract with developers that are subject to a development agreement with the City to install utility facilities that the PUC would otherwise be required to install, without competitive bidding, provided that:

[(1)] The PUC has determined it is feasible to provide power to the development project, and the developer has agreed that the PUC will be the power provider for the project;

[(2)] The City has entered into a development agreement that (i) requires the developer to complete infrastructure for the project; and (ii) includes a workforce and job creation program that, among other things, requires nondiscrimination and the payment of prevailing wages; and

[(3)] The PUC has reasonably determined that the amount payable to the developer for the PUC work is equal to, or less than, the amount the PUC would expect to pay to perform the same work itself through its standard contracting process.

(b) The PUC may consider every contract entered into under this Section 99.5 as supplemental to the work required under the development agreement, provided the PUC includes in the contract: (1) the nondiscrimination and workforce requirements contained in the applicable development agreement, so that the PUC work is performed in the same manner and with the same workforce requirements as the other infrastructure work to be completed by the developer under the development agreement; and (2) a detailed description of the developer’s scope of work and PUC’s costs. The PUC may exclude from the contract any City contracting requirements that were waived by the Board of Supervisors in its approval of the applicable development agreement.

(Added by Ord. 65-21, File No. 210260, App. 5/7/2021, Eff. 6/7/2021)

CODIFICATION NOTE

1. The subsection designations (a) - (a)(3) were not marked for addition in Ord. 65-21 and have been placed in square brackets to indicate that they are unofficial.