San Francisco County Municipal Code Ch. 4 Healthy Air and Clean Transportation Program

Sec. 400. Healthy Air and Clean Transportation Program. Sec. 401. Definitions. Sec. 402. Tenant Bicycle Parking in Existing Commercial Buildings. Sec. 403. Fleet Management Promoting Healthy Air and Clean Transportation. Sec. 404. New or Replacement Motor Vehicles. Sec. 405. Healthy Air and Clean Transportation Program Implementation. Sec. 406. Infrastructure for Alternative Fuels with Low Carbon Intensity. Sec. 407. Demonstration Pilot Programs for New Technologies. Sec. 408. Grants. Sec. 409. Private Sector Fleets. Sec. 410. Clean School Buses. Sec. 411. Limitations on the Scope of the Ordinance. Sec. 412. Car Sharing Service Contracts.

Sec. 420. City Undertaking. Sec. 421. Precautionary Principle. Sec. 422. Severability. Sec. 423. No Conflict with Federal or State Law. Sec. 424. Undertaking for the General Welfare. Sec. 425. San Francisco Municipal Railway Buses. Sec. 427. Commuter Benefits Program.

SEC. 400. HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM. (a) Title. Sections 400 through 424 of this Chapter shall be known as the Healthy Air And Clean Transportation Ordinance. (b) Purpose. The Healthy Air And Clean Transportation Ordinance is intended to assist the City in achieving its air pollution and greenhouse gas reduction goals by: promoting the use of vehicles that have zero or super ultra-low emissions, achieve high energy efficiency and use alternative fuels with a low carbon impact; implementing policies to minimize the use of single occupancy vehicles and reduce the total number of passenger vehicles and light-duty trucks in the municipal fleet; maximizing the use of outside sources to fund such programs; encouraging the creation, expansion, and maintenance of alternative fueling infrastructure in the City and at City facilities; encouraging trip reduction, carpooling, and public transit, and to increase bicycle commuting by providing cyclists with the opportunity to securely park their bicycles in or close to their workplaces. (c) Findings. (1) Air pollution endangers public health. According to the California Air Resources Board (CARB), the levels and concentrations of smog forming, lung-clogging pollutants in the Bay Area, such as ozone and particulate matter (soot particles), not only exceed California's existing health-based standards, but also are often times measured at levels that are two to three times the standards. According to the Bay Area Air Quality Management District (BAAQMD), emissions from motor vehicles are the leading cause of air pollution in the Bay Area. (2) According to the American Lung Association of California, high levels of air pollution cause premature death, and aggravate lung illnesses such as acute respiratory infections, asthma, chronic bronchitis, emphysema, and lung cancer. Coughing, wheezing, chest pain, eye irritation, and headaches are common reactions to air pollution. Sensitive groups, like children, the elderly, athletes, and people with compromised immune systems, are even more susceptible to the detrimental health effects caused by air pollution. In these sensitive groups, poor air quality causes more significant health impacts such as breathing difficulties and weakening of the body's ability to resist disease. (3) According to the California Air Resources Board, the annual health impacts of exceeding state health-based standards for ozone and particulate matter include: premature deaths; hospital admissions for respiratory disease; asthma attacks and related emergency room visits; hospital admissions for cardiovascular disease; school absences due to respiratory conditions, including asthma; lost workdays; and, reduced lung function growth rates in children. (4) Emissions from motor vehicles are a major source of greenhouse gas emissions. Statewide, the California Air Resources Board has found that 41 percent of carbon dioxide emissions, a major greenhouse gas, stem from the transportation sector. In San Francisco, the inventory of greenhouse gas emissions in the City's Climate Action Plan shows that vehicles belonging to San Francisco residents or otherwise traveling in and out of San Francisco contributed 51 percent of all greenhouse gases generated in the City in 1990. In 2002, the Board of Supervisors adopted Resolution 158-02, "Reducing Greenhouse Gas Emissions," to support efforts to curb global warming and set greenhouse gas emission reduction goals for the City and County of San Francisco. The City's Climate Action Plan establishes the goal of reducing carbon and other greenhouse gas emissions from transportation and other sources in the City to 20 percent below 1990 levels by the year 2012. (5) Near-total reliance on petroleum for transportation fuel jeopardizes San Francisco's economic security. The San Francisco region and the State of California rely on petroleum for 96 percent of all transportation fuel. Diversifying the supply of transportation fuels available in the San Francisco region, and particularly increasing supplies of alternative fuels that have low carbon impact and are sustainable, will help provide a more stable and secure base for the region's economy by making it less vulnerable to interruptions in petroleum supplies while also improving air quality and reducing greenhouse gas emissions. (6) Urban Environmental Accords commit San Francisco to take actions to achieve clean transportation. In 2005, San Francisco became a signatory participant in the Urban Environmental Accords, established on the occasion of the United Nations Environmental Program's World Environment Day in San Francisco. (7) In 1997, the Board of Supervisors approved the Sustainability Plan for the City and County of San Francisco. The Sustainability Plan states, "[a]chieving and maintaining good air quality is crucial to the public health and economic vitality of San Francisco." (8) The City and County of San Francisco's fleet includes more than eight hundred (800) clean passenger vehicles and light-duty trucks. These vehicles include compressed natural gas, hybrid electric and battery electric vehicles. (9) Creating a safe, secure place for cyclists to store their bicycles while at work will help to promote alternative modes of

transportation and contribute to the City's effort to cut emissions, improve air quality, maximize public transportation and ease congestion, thus reaping tremendous environmental, public health, and quality of life benefits for the City and its residents. Allowing bicycles in office buildings is an effective way to encourage cycling. (Added by Ord. 278-10, File No. 101009, App. 11/18/2010; amended by Ord. 46-12 , File No. 111029, App. 3/16/2012, Eff. 4/15/2012; Ord. 116-15 , File No. 140950, App. 7/15/2015, Eff. 8/14/2015) SEC. 401. DEFINITIONS. “Alternative Fuel With Low Carbon Intensity” means any transportation fuel that is less polluting than gasoline or petroleum diesel fuel, as determined by the California Air Resources Board and that is shown to have lower lifecycle carbon emissions than gasoline or petroleum diesel. Alternative Fuels with Low Carbon Intensity may include, but are not limited to: natural gas; propane; biofuels from low carbon, sustainable and preferably local sources; hydrogen produced from low carbon and/or renewable sources; and electricity. "Alternative Fuel Vehicle" means any motor vehicle powered by alternative fuel with low carbon intensity. “Bus” means any passenger vehicle with a seating capacity of more than 15 persons. "City" means City and County of San Francisco. "City Administrator" means the City Administrator, or his or her designee. "Department" means any officer, board, commission, department or other division of the City and County of San Francisco. Department does not include the San Francisco Unified School District, the San Francisco Community College District, the San Francisco Office of Community Investment and Infrastructure, or the San Francisco Housing Authority or any other local, State, or Federal agency. "Emergency Vehicle" means any vehicle publicly owned and operated that is used by a public safety officer for law enforcement purposes, fighting fires or responding to emergency fire calls, or used by emergency medical technicians or paramedics for official purposes. For purposes of this Chapter 4, "Emergency Vehicle" shall also mean any vehicle used by the Office of the Chief Medical Examiner or the Department of Animal Care and Control for official duties. Unless equipped with lights and sirens, vehicles used for primarily administrative functions such as passenger transport shall not be considered an “Emergency Vehicle” for the purposes of this Chapter 4. “General Passenger Van” means a Passenger Vehicle that meets the criteria of a Federal Highway Administration Class 3 Vehicle that is not a pick-up. "Greenhouse gas (GHG) or greenhouse gas emissions" means and includes all of the following gases: carbon dioxide, methane, and nitrous oxide. The City Administrator, in consultation with the Department of the Environment, shall determine the method by which these emissions shall be measured. “Light-Duty Passenger Vehicle” means a Passenger Vehicle that meets the criteria of a Federal Highway Administration Class 2 Vehicle that include all sedans, coupes and station wagons primarily for the purposes of carrying passengers, and comprising of no more than five seats in addition to the driver’s seat. "Light-Duty Truck" means any motor vehicle, with a manufacturer's gross vehicle weight rating of 8,500 pounds or less, that is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use. "Motor Vehicle" means a self-propelled vehicle. “Passenger Vehicle” means any motor vehicle designed primarily for transportation of persons and with a design capacity of 12 persons or less. “Plug-In Hybrid Electric Vehicle” means a vehicle with both an electric motor and a gasoline engine, as determined by the California Air Resources Board. It can be fueled using both electricity and gasoline. "Public Safety Department" means the Police Department, the Sheriff's Department, and the Fire Department. For purposes of this Chapter 4, "Public Safety Department" shall also include the Office of the Chief Medical Examiner and the Department of Animal Care and Control. "Purchase" means to buy, lease, or otherwise acquire the right to use. "Remove from service" means to complete filings with the California Department of Motor Vehicles either to remove the City as the motor vehicle owner permanently, or to register the motor vehicle as non-operational for the relevant fiscal year. “Vehicle Selector List” means a document issued by the City Administrator, in consultation with the Department of the Environment, which provides emissions data for Light-Duty Passenger Vehicles, light-duty pickup trucks, and vans with a gross vehicle weight under 8,500 pounds. The Vehicle Selector List will consider estimated long-term costs and emissions, and when Zero Emission Vehicles are unavailable in the marketplace, identify vehicles that have emissions as low as practicable and efficiency ratings as high as practicable. “Zero Emission Vehicle” means a vehicle that produces no emissions from the on-board source of power, as determined by the

California Air Resources Board. (Added by Ord. 278-10, File No. 101009, App. 11/18/2010 ; amended by Ord. 116-15 , File No. 140950, App. 7/15/2015, Eff. 8/14/2015; Ord. 115-17, File No. 170210, App. 6/2/2017, Eff. 7/2/2017) SEC. 402. TENANT BICYCLE PARKING IN EXISTING COMMERCIAL BUILDINGS. (a) Scope. This Section shall apply to a building the principal occupancy of which is a commercial use, as defined in the Planning Code, that (1) is in existence on the operative date of this Section, or is proposed to be constructed under an already issued permit but is not yet constructed, and (2) is not subject to the applicability measures established in Section 155.2(a) of the Planning Code for bicycle parking requirements. (b) Bicycle Access to Commercial Buildings. (1) Applicability. Beginning January 1, 2012, or 30 days after the effective date of this Section, whichever is later, an owner, lessee, manager, or other person who controls a building within the scope of Section 402 shall allow tenants to bring bicycles into the subject building. (2) Request for Limited Access. The owner, lessee, manager, or other person who controls a building within the scope of Section 402 who wishes to prescribe specific details and limitations on bicycle access to the subject building shall complete a Bicycle Access Plan in accordance with subsection (b)(3) below. (3) Bicycle Access Plan. (A) Completion of Plan. The Bicycle Access Plan ("Plan") shall be in writing on a form provided by the Department of the Environment. Bicycle access shall be granted to the requesting tenant and its employees in accordance with the Plan. (B) Plan Information. The Plan shall include: (i) the location of entrances; (ii) route to elevators and/or stairs that accommodate bicycle access; (iii) the route to a designated area for bicycle parking on an accessible level if such bicycle parking is made available; and (iv) such other information as the Department of the Environment may require. The Plan shall provide that bicycle access is available, at a minimum, during the regular operating hours of the subject building. (C) Plan Amendment. The Plan may be amended from time to time to accommodate requests from other tenants to provide bicycle access under this Section 402. (4) Exception. (A) Application. The owner, lessee, manager, or other person who controls a building may apply to the Director of the Department of the Environment for an exception if: (i) the building's elevators are not available for bicycle access because unique circumstances exist involving substantial safety risks directly related to the use of such elevator; or (ii) there is alternate covered off-street parking or alternate indoor no-cost bicycle parking that meets the layout and security requirements for Class 1 and Class 2 bicycle parking spaces as established by Planning Code Sections 155.1 and 155.2 and is available on the premises or within three blocks or 750 feet, whichever is less, of the subject building sufficient to accommodate all tenants of the building requesting bicycle access. The application for an exception shall be submitted to the Department of the Environment in the manner required by that Department. The application shall include the reasons for the application for an exception and supporting documentation. (B) Department of Environment's Consultation with Department of Building Inspection and Municipal Transportation Agency. (i) If an exception is sought under subsection (b)(4)(A)(i) above, the Department of Environment shall request the Department of Building Inspection to conduct an inspection of the building and advise the Department of Environment whether, in the opinion of the Department of Building Inspection, bicycle access to the building involves substantial safety risks. (ii) If an exception is sought under subsection (b)(4)(A)(ii) above, the Department of Environment shall request the Livable Streets Subdivision of the Municipal Transportation Agency and/or designated bicycle planner to conduct an inspection of the secure alternate covered off-street or secure indoor no-cost bicycle parking and advise the Department of Environment whether, in its opinion,

the proposed bicycle parking is adequate. (C) Department of Environment's Decision on Application. The Department of Environment shall make a determination on the application for an exception within a reasonable period of time after receiving the advice of the Department of Building Inspection and/or the Municipal Transportation Agency provided for in subsection (b)(4)(B) above. The Department of Environment's letter of exception or denial shall be sent to the owner, lessee, manager, or other person in control of the building by certified mail, return receipt requested. (5) Posting and Availability of Bicycle Access Plan or Letter of Exception. (A) Every owner, lessee, manager, or other person in control of a building subject to this Section 402 shall post in the building lobby each Bicycle Access Plan that is in effect and any letter of exception granted by the Department of Environment, or shall post a notice indicating that the Plan or letter of exception is available in the office of the building manager upon request. Such posting shall be made within five days of completion and implementation of the Plan or Plans or any amendment thereto or within five days of the Department of the Environment's granting of an exception. If the Department of Environment denies an application for an exception, a Bicycle Access Plan shall be posted within twenty days of receipt of such determination. (B) The above posting shall either (i) notify the requesting tenants of their right to bicycle access in accordance with the Plan or (ii) include the basis or bases for the exception and, if applicable, the route to alternate off-street or indoor parking. (6) Space for Bicycles. Nothing in this Section 402 shall be construed to require an owner, lessee, manager, or other person who is in control of a building within the scope of this Section 402 to provide space outside the tenant's leased space for bicycles brought into such building. (7) Unsafe Conditions. Nothing in this Section 402 shall be construed to require an owner, lessee, manager, or other person who is in control of a building within the scope of this Section 402 to permit a bicycle to be parked in a manner that violates building or fire codes or any other applicable law, rule, or code, or which otherwise impedes ingress or egress to such building. In an emergency, whenever elevator use is prohibited, bicycles shall not be permitted to be transported through any means of egress. (Added by Ord. 46-12 , File No. 111029, App. 3/16/2012, Eff. 4/15/2012; amended by Ord. 183-13 , File No. 130528, App. 8/7/2013, Eff. 9/6/2013; Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014) SEC. 403. FLEET MANAGEMENT PROMOTING HEALTHY AIR AND CLEAN TRANSPORTATION. (a) Implementing Transit-First. (1) No later than March 1, 2011, all officers, boards, commissions and department heads responsible for departments that require transportation to fulfill their official duties, and other City officials assigned City motor vehicles, shall implement the City's voter- approved Transit-First Policy (San Francisco Charter Section 8A.115) by adopting and implementing written policies that (A) maximize the use of public transit, including taxis, vanpools, and car-sharing; (B) facilitate travel by bicycle, or on foot; and, (C) minimize the use of single-occupancy motor vehicles, for travel required in the performance of public duties. (2) The Department of the Environment shall provide technical assistance to departments and City officials subject to this requirement in developing complying policies and implementation procedures and in coordinating policies and procedures among City departments. (3) No later than July 1, 2011, and every year thereafter, each department and City official subject to this requirement shall submit its written policies to the Department of the Environment and the Controller. (4) No later than July 1, 2012, and every year thereafter, each department and City official subject to this requirement shall, in a form approved by the Department of the Environment, include with its written policies a report on its success in substituting transit-first modes of transportation for single-occupancy motor vehicle transportation. Such reports shall be subject to audit by the Controller. (5) Notwithstanding any other provision of this Ordinance or other City law, the Controller shall refuse to certify any expenditure by the City for the purchase of any passenger vehicle or light duty truck by any officers, boards, commissions or departments subject to this requirement for so long as the Controller finds, in his or her sole discretion, that such officers, boards, commissions, or departments have failed to adopt a satisfactory transit-first policy, or to implement the policy adopted, or failed to justify the purchase of a new or replacement vehicle in lieu of driving alternatives as identified in Section 403(a)(1). (b) Optimizing Fleet Management. To help the City achieve its air pollution and greenhouse gas reduction goals, and promote the effective, efficient, and safe use of all general purpose, light-duty vehicles owned, leased, or rented by the City, the City Administrator will adopt and implement policies to: (1) Minimize the size and utilization of the City’s general purpose, light-duty fleet through right-size analyses that accurately incorporates the City’s Transit-First policy and associated infrastructure investments towards eliminating unnecessary vehicles and

vehicle trips. (2) Use technology such as telematics and vehicle assignment systems, to the furthest extent practicable, to promote the safe use of vehicles, minimize environmentally harmful practices such as excessive vehicle idling, and reduce underutilization of vehicles; (3) Align greenhouse gas reduction goals with the Federal Executive Order – Planning for Federal Sustainability in the Next Decade, dated March 19, 2015 – reducing average per-mile greenhouse gas emissions from general purpose, light-duty fleet vehicles, relative to a baseline of emissions in fiscal year 2014, to achieve the following percentage reductions: (A) not less than 4% by the end of fiscal year 2017; and (B) not less than 15% by the end of fiscal year 2021; (4) Ensure that the composition of the City’s Light-Duty Passenger Vehicle fleet is entirely Zero Emission Vehicles consistent with Section 404 by December 31, 2022, and seek out new and emerging technologies to upgrade the City’s other fleet classes such as trucks and vans to zero emission standards; and (5) Conduct a review one year after the initial implementation of these policies, and every year thereafter, to assess telematics data, review developments in low carbon fuels, evaluate possible coverage of additional vehicle classes, evaluate additional GHG goals, evaluate, in coordination with the Office of Economic and Workforce Development, training opportunities for drivetrain maintenance on Alternative Fuel Vehicles and Zero Emissions Vehicles, explore new technologies allowing for conversion of light-duty trucks and general passenger vans to Zero Emission Vehicle status, and other topics the City Administrator deems are relevant, to serve as a basis for the City Administrator, in consultation with the Director of the Department of the Environment, to adopt and implement further policy changes regarding fleet management as appropriate. The City Administrator shall submit an annual report to the Board of Supervisors and the Mayor outlining the findings of this annual review, possible upgrade opportunities with regard to vehicle emissions for light-duty trucks and general passenger vans, possible training opportunities for drivetrain maintenance on Alternative Fuel Vehicles and Zero Emissions Vehicles, and any additional resulting policy changes in fleet management, including recommendations for mandatory fleet reductions if warranted. (c) Replacement of Older Light-Duty Vehicles. Departments shall make best efforts to replace Vehicles in order of age, such that oldest light duty vehicles in a department’s fleet are replaced when the department purchases replacement light-duty vehicles, unless compelling reasons such as wear and tear, mileage, and safety concerns warrant a deviation from strict compliance to the replacement of oldest vehicles. (Added by Ord. 278-10, File No. 101009, App. 11/18/2010 ; amended by Ord. 116-15 , File No. 140950, App. 7/15/2015, Eff. 8/14/2015; Ord. 115-17, File No. 170210, App. 6/2/2017, Eff. 7/2/2017) SEC. 404. NEW OR REPLACEMENT MOTOR VEHICLES. (a) Unless granted a waiver under Section 404(b) or exempt under Section 404(c), City officials may not purchase or authorize the purchase of any motor vehicle unless the purchase complies with each of the following: (1) The purchase complies with the Transit-First policy required under Section 403(a) and adopted by the department or City official for whose use the vehicle is principally intended; (2) A Light-Duty Passenger Vehicle requested for purchase or lease is a Zero Emission Vehicle; (3) A light-duty truck or general passenger van requested for purchase is an approved make and model under the applicable Vehicle Selector List; and, (4) The motor vehicle requested for purchase meets all applicable safety standards and other requirements for the intended use of the vehicle. (b) Waivers. The City Administrator may waive the requirements of Section 404(a) where he or she finds that (1) there is no passenger vehicle or light-duty truck approved by the Vehicle Selector List that meets all applicable safety standards and other requirements for the intended use of the motor vehicle; or (2) the passenger vehicle or light-duty truck will be used primarily outside of the geographic limits of the City and County of San Francisco in location(s) which lack required fueling or other infrastructure required for a complying motor vehicle; or (3) the passenger vehicle or light-duty truck would be required to be a Zero Emission Vehicle, but the most common intended use for the vehicle will require it to regularly travel distances of more than 100 miles without being able to use a charging station; or (4) for Light-Duty Passenger vehicles that are regularly stationed when not in use on City owned property, (A) purchasing a Zero Emission Vehicle would create operational challenges such as lack of charging infrastructure on City-owned property, (B) the department is purchasing a Plug-In Hybrid Electric Vehicle in lieu of a Zero Emission Vehicle, and (C) at least 75% of all Light-Duty Passenger vehicles that are regularly stationed when not in use on City owned property are Zero Emission Vehicles; (5) for Light-Duty Passenger vehicles that are regularly stationed when not in use on non-City owned property, (A) purchasing a Zero Emission Vehicle would be impractical due to operational challenges such as a lack of charging infrastructure, and (B) the department is purchasing a Plug-In Hybrid Electric Vehicle in lieu of a Zero Emission Vehicle; or (6) for Light-Duty Passenger vehicles, adequate funds have not been appropriated in the department’s budget to purchase Zero

Emission Vehicles sufficient to meet the requirements of this Chapter 4. Waivers must be made in a fashion as to ensure that only the minimum number of vehicles not in compliance with Section 404(a) needed by a department remain in the fleet. Departments may submit one single waiver request to cover the annual purchases, waivers do not need to be submitted on an individual purchase basis. If a waiver is requested under subsection 404(b)(4), the waiver must address the present lack of charging infrastructure, and address the feasibility of future improvements to develop such charging infrastructure. As part of his or her annual report to the Board of Supervisors and the Mayor under Section 403(b)(4), the City Administrator shall report on the number of new waivers granted under this subsection (b) for the prior year. (c) Exemptions. This Section 404 shall not apply in the following circumstances: (1) To the purchase of Emergency Vehicles where the Public Safety Department concludes, after consultation with the City Administrator, that the purchase of a complying vehicle is not feasible or would otherwise unduly interfere with the Department’s public safety mission. (2) To the acquisition of buses by the San Francisco Municipal Transportation Authority for public transportation purposes. (3) To any purchase necessary to respond to an emergency that meets the criteria set in Administrative Code Sections 21.15(a) or 6.60. In such cases, the department shall, to the extent feasible under the circumstances, acquire the noncomplying vehicles only for a term anticipated to meet the emergency need. Any City department invoking this exemption shall promptly notify the City Administrator, in writing, of the purchase and the emergency that prevented compliance with this section. (4) Wherever the purchase of a passenger vehicle or light-duty truck is exempt from the requirements of this section, City departments and officials shall select a vehicle with as low emissions and high efficiency ratings as practicable. (Ord. 278-10, File No. 101009, App. 11/18/2010 ; amended by Ord. 116-15 , File No. 140950, App. 7/15/2015, Eff. 8/14/2015; Ord. 115-17, File No. 170210, App. 6/2/2017, Eff. 7/2/2017) SEC. 405. HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM IMPLEMENTATION. (a) The City Administrator, in consultation with the Director of the Department of the Environment, shall implement and administer the Healthy Air and Clean Transportation Program, and, except as provided elsewhere in this Ordinance, the City Administrator may from time to time promulgate appropriate rules, regulations and guidelines for such purposes. (b) The City Administrator shall issue, and update at least annually, a Vehicle Selector List listing emission scores for vehicles that may be purchased by City departments, and which shall govern the purchase of such vehicles in accordance with Section 404. (c) The Department of the Environment shall assist the City Administrator and all Departments in developing programs and implementing policies to achieve the Transit-First, municipal fleet retirement and reduction, and purchasing requirements of this Ordinance. (d) Subject to the budget, fiscal and Civil Service provisions of the Charter, the City Administrator may appoint an individual who, under the direction of the City Administrator, shall be responsible for the day-today operations of the Healthy Air and Clean Transportation Program, including but not limited to managing the day-to-day operations of the program, supervising staff and managing the budget. (e) City Administrator Regulations. The City Administrator shall, in consultation with the Department of the Environment, and other City officials with authority to purchase motor vehicles, promulgate regulations for approval of all purchases of passenger vehicles and light duty trucks which shall include, but not be limited to, a requirement that each request be accompanied by a written explanation of how the requested purchase complies with the City's Transit-First Policy and the Department's own policies as set forth in its reporting under Section 403(a)(3). (f) The Controller shall not certify any City expenditure for the purchase of a motor vehicle, or for registration with the California Department of Motor Vehicles of any motor vehicle, unless the purchase complies with all of the requirements of this Ordinance. (Ord. 278-10, File No. 101009, App. 11/18/2010 ; amended by Ord. 116-15 , File No. 140950, App. 7/15/2015, Eff. 8/14/2015) SEC. 406. INFRASTRUCTURE FOR ALTERNATIVE FUELS WITH LOW CARBON INTENSITY. (a) Alternative Fuel Infrastructure. The Department of the Environment, in consultation with other interested City departments, shall facilitate the development of fueling facilities for alternative fuels with low carbon intensity for municipal and privately owned vehicles, including, but not limited to, infrastructure for electric transportation, including recommending necessary legislation to the Board of Supervisors.

(b) The Department of Environment shall seek funding sources for developing public and private alternative fueling facilities and other products and services to support the operation of alternative fuel vehicles with low carbon intensity. (Ord. 278-10, File No. 101009, App. 11/18/ 2010) SEC. 407. DEMONSTRATION PILOT PROGRAMS FOR NEW TECHNOLOGIES. (a) The Department of Environment shall seek funding for the City to participate in demonstration and other pilot programs designed to test promising clean vehicle or related technologies where the Director of the Department of the Environment concludes that the City's participation in such programs may establish the viability of the technologies and/or advance their commercial availability. (b) Contracts and grants or awards in furtherance of such demonstration or other pilot programs with a duration of no more than two years are not subject to the contracting requirements of the Administrative Code or Environment Code, but shall be subject to the requirements of the San Francisco Sunshine Ordinance, Administrative Code Chapter 67. (Ord. 278-10, File No. 101009, App. 11/18/2010) SEC. 408. GRANTS. The Department of Environment shall coordinate all grant applications on behalf of the City and County of San Francisco for grants to support clean vehicle and alternative fuel programs, except that it may assist the San Francisco Public Utilities Commission, San Francisco Airport, Port of San Francisco, and San Francisco Municipal Transportation Authority with grant applications only upon request. (Ord. 278-10, File No. 101009, App. 11/18/2010) SEC. 409. PRIVATE SECTOR FLEETS. The Department of the Environment shall implement programs to encourage City residents and private fleet operators to purchase and operate vehicles that have zero emissions, supper ultra low emissions, high-energy efficiency and/or use alternative fuels with low carbon intensity, including recommending legislation to the Board of Supervisors necessary to achieve these objectives. (Ord. 278-10, File No. 101009, App. 11/18/ 2010) SEC. 410. CLEAN SCHOOL BUSES. Upon request, the Department of the Environment may assist the San Francisco Unified School District with developing bid specifications and other contract documents for more energy efficient, alternative fuel or best available emission control technology school bus services and with identifying possible grants for clean school buses. (Ord. 278-10, File No. 101009, App. 11/18/ 2010) SEC. 411. LIMITATIONS ON THE SCOPE OF THE ORDINANCE. Consistent with the Charter and other applicable State and Federal law, this Healthy Air And Clean Transportation Ordinance shall not apply to the San Francisco Public Utilities Commission, San Francisco Airport, Port of San Francisco, or San Francisco Municipal Transportation Authority to the extent its requirements would conflict with those laws or otherwise interfere with the discharge of those functions placed under the direct jurisdiction of the department. (Ord. 278-10, File No. 101009, App. 11/18/ 2010)

SEC. 412. CAR SHARING SERVICE CONTRACTS. (a) The City Administrator, or the Purchaser or Director of the City Fleet if so designated by the City Administrator, is authorized to enter into master agreements with vendors for the procurement of car sharing services to be used by authorized officers and employees of the City. (b) Agreements for the use of shared vehicles shall contain a provision authorizing priority and potentially exclusive use of all available vehicles within the City and County of San Francisco by authorized officers and employees of the City. (c) Designated agreements entered into pursuant to this Section 412 are not subject to the contracting requirements of the Administrative or Environment Codes other than the competitive solicitation requirement of Administrative Code Section 21.1, but shall be subject to the requirements established by Chapter 67 of the Administrative Code. It is, however, the policy of the City to make every effort to comply where practicable with the contracting requirements of the Administrative and Environment Codes when entering into such agreements.
(Ord. 278-10, File No. 101009, App. 11/18/2010 ; amended by Ord. 116-15 , File No. 140950, App. 7/15/2015, Eff. 8/14/2015) SEC. 420. CITY UNDERTAKING. Under the Healthy Air and Clean Transportation Ordinance, the City wishes to exercise its power to make economic decisions involving its own funds as a participant in the marketplace and to conduct its own business as a municipal corporation to ensure that purchases and expenditures of public monies are made in a manner consistent with the policy of improving the air quality in the City and doing its part to reduce greenhouse gas emissions and curb global warming through the purchase and use of vehicles that have low emissions, high energy efficiency and or use alternative fuels with a low carbon intensity. (Ord. 278-10, File No. 101009, App. 11/18/2010) SEC. 421. PRECAUTIONARY PRINCIPLE. The Healthy Air and Clean Transportation Ordinance applies the City's Precautionary Principle Policy set forth in Chapter 1 of the Environment Code to the selection of vehicles and non-vehicular motorized equipment by creating a preference for vehicles and non- vehicular motorized equipment with super ultra low emissions, high energy efficiency or that use alternative fuels with a low carbon intensity that minimize impacts on human health and natural resources. (Ord. 278-10, File No. 101009, App. 11/18/2010) SEC. 422. 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. (Ord. 278-10, File No. 101009, App. 11/18/ 2010) SEC. 423. 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. (Ord. 278-10, File No. 101009, App. 11/18/2010)

SEC. 424. 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. (Ord. 278-10, File No. 101009, App. 11/18/ 2010) SEC. 425. SAN FRANCISCO MUNICIPAL RAILWAY BUSES. Acquisition of Clean Muni Buses. Muni shall replace all pre-1991 diesel buses on or before January 1, 2007. Phase Out of Highly Polluting Muni Diesel Buses. Muni shall remove from active or reserve service and shall no longer operate any diesel bus that exceeds its 12 year useful life based on the following schedule: (1) All diesel buses that were purchased on or before December 31, 1988 shall be removed from active or reserve service on or before December 31, 2004; (2) All diesel buses that were purchased on or before December 31, 1989 shall be removed from active or reserve service on or before December 31, 2005; (3) All diesel buses that were purchased on or before December 31, 1990 shall be removed from active or reserve service on or before December 31, 2006. Extensions. If replacement buses are not commercially available or unforeseen circumstances prevent Muni from procuring new buses on a timely basis, Muni may seek a one-time extension of up to twelve months from the San Francisco Transportation Authority (TA) for any of the aforementioned deadlines. Approval for such extensions shall require eight or more votes by the Transportation Authority Board of Commissioners. Extension requests shall be submitted in writing at least sixty days prior to the deadline and shall include a detailed accounting of why Muni is unable to meet its obligations under this measure. Extension requests shall also include a list of specific actions that Muni will undertake to offset the emission reductions that would have resulted if no extension were granted. Proposed emission reductions should benefit Muni passengers or residents living near diesel bus routes or diesel bus yards. All extension requests shall be evaluated by the Department of the Environment to determine the validity of proposed emission reductions. The Department of the Environment shall report its findings to the Board of Commissioners at least one week prior to the extension request hearing date. Notwithstanding Section 404(c)(2), the provisions of Section 404 shall apply to the acquisition of buses by Muni for its fleet. (Ord. 278-10, File No. 101009, App. 11/18/2010) SEC. 426. [REDESIGNATED.] (Ord. 278-10, File No. 101009, App. 11/18/2010; redesignated as Sec. 2509 and amended by Ord. 28-15, File No. 140805, App. 3/19/2015, Eff. 4/18/2015) SEC. 427. COMMUTER BENEFITS PROGRAM. (a) Definitions. Whenever used in this Section, the following terms shall have the meanings set forth below. (1) "Alternative Commute Mode" shall mean public transit (bus, train, ferry, etc.), van-pool, carpool (including "casual carpool"), bicycling, and walking. (2) "City" shall mean the City and County of San Francisco. (3) "Covered Employee" shall mean any person who: (A) Performed an average of at least ten (10) hours of work per week for compensation within the geographic boundaries of San Francisco for the same employer within the previous calendar month; and (B) Qualifies as an employee entitled to payment of a minimum wage from the employer under the California minimum wage law, as provided under Section 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission, or is a participant in a Welfare-to-Work Program. (4) "Covered Employer" shall mean an employer for which an average of twenty (20) or more persons per week perform work for

compensation. In determining the number of persons performing work for an employer during a given week, all persons performing work for compensation on a full-time, part-time or temporary basis, including those who perform work outside of the geographic boundaries of San Francisco, shall be counted, including persons made available to work through the services of a temporary services or staffing agency or similar entity. (5) "Employer" shall mean any person, as defined in Section 18 of the California Labor Code, including corporate officers or executives, who directly or indirectly, or through an agent or any other person, except through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of an employee. "Employer" shall not include any governmental entity. (6) "Transit Pass" shall mean any pass, token, fare card, voucher or similar item entitling a person to transportation on public transit within the meaning of 26 U.S.C. § 132(f)(5)(A), as the Federal law may be amended from time to time, including but not limited to, travel by ferry, bus, trolley, streetcar, light rail or train by MUNI, BART, AMTRAK, CALTRAIN, SAMTRANS or GOLDEN GATE TRANSIT. (7) "Transportation Benefit Program" shall mean the program set forth in subsection (b). (8) "Vanpool" shall mean a "commuter highway vehicle" within the meaning of 26 U.S.C. § 132(f)(5)(B), as the federal law may be amended from time to time, which currently means any highway vehicle: (A) the seating capacity of which is at least 6 adults (not including the driver), and (B) at least 80% of the mileage use of which can reasonably be expected to be (i) for the purpose of transporting employees in connection with travel between their residences and their place of employment; and (ii) on trips during which the number of employees transported for such purposes is at least 1/2 of the seating capacity of such vehicle (not including the driver). (b) Transportation Benefits Program. All Covered Employers shall provide at least one of the following transportation benefit programs to Covered Employees: (1) A Pre-Tax Election: A program, consistent with 26 U.S.C. § 132(f), allowing employees to elect to exclude from taxable wages and compensation, employee commuting costs incurred for transit passes or vanpool charges (but not for parking), up to maximum level allowed by Federal Tax Law, 26 U.S.C. 132 (f)(2)(A); (2) Employer Paid Benefit: A program whereby the employer supplies a transit pass for the public transit system requested by each Covered Employee or reimbursement for equivalent vanpool charges at least equal in value to the purchase price of the appropriate benefit, which shall not exceed the cost of an adult San Francisco MUNI Fast Pass; or (3) Employer Provided Transit: Transportation furnished by the employer at no cost to the covered employee in a vanpool or bus, or similar multi-passenger vehicle operated by or for the employer. (c) Administration and Enforcement. (1) The Director of the Department of the Environment, in consultation with the San Francisco Office of Labor Standards Enforcement shall promulgate rules and regulations to imple- ment the Transportation Benefits Program. Such rules and regulations shall, to the extent consistent with this Ordinance, conform to IRS regulations under 26 U.S.C. § 132(f), and rules for the City’s Paid Sick Leave Ordinance, Labor and Employment Code Article 11 and Health Care Security Ordinance, Labor and Employment Code Article 21. (2) The Department of the Environment shall maintain an education and advice program to assist employers with meeting the requirements of the Transit Benefit Program. (3) Any Covered Employer who fails to offer at least one transportation benefit programs to Covered Employees as required by Section 421(b) shall be guilty of an infraction. If charged as an infraction, upon conviction thereof, said person shall be punished by (A) a fine not exceeding $100.00 for a first violation, (B) a fine not exceeding $200.00 for a second violation within the same year, and (C) a fine not exceeding $500.00 for each additional violation within the same year. (4) The Director of the Department of the Environment, or his or her designee, may issue administrative citations to any Covered Employer who fails to provide at least one transportation benefit programs to Covered Employees as required by Section 421(b). San Francisco Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," is hereby incorporated in its entirety and shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued to enforce this Section 427. (5) The City may not recover both administrative and civil penalties for the same violation. Penalties collected under this Chapter, which may include recovery of enforcement costs, shall be used to fund implementation and enforcement of the Transportation Benefits Program. (d) Emergency Ride Home Program. The Department of the Environment is hereby authorized to establish an Emergency Ride Home Program and, to the extent funding is available from the Bay Area Air Quality Management District's Transportation Fund for Clean Air, the San Francisco Transportation Authority, or other sources, to reimburse persons who commute to worksites in San Francisco using an alternative commute mode, for transportation costs to return home, or to a transit spot or remotely parked car, where such costs resulting from an illness or emergency of the commuter or immediate family, or other verifiable, unexpected events out of the commuter's control. The Department of the Environment shall adopt rules and regulations to implement this program. (Ord. 27

an Francisco using an alternative commute mode, for transportation costs to return home, or to a transit spot or remotely parked car, where such costs resulting from an illness or emergency of the commuter or immediate family, or other verifiable, unexpected events out of the commuter's control. The Department of the Environment shall adopt rules and regulations to implement this program. (Ord. 278-10, File No. 101009, App. 11/18/2010 ; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014) C A