Sec. 12E.1. Definitions.

Sec. 12E.2. Ban on City Use of Gas-Powered Landscaping Equipment; Waivers.

Sec. 12E.3. Ban on Use of Gas-Powered Landscaping Equipment in City Contracts; Waivers.

Sec. 12E.4. Rules and Regulations.

Sec. 12E.5. Preemption.

Editor’s Note:

Former Ch. 12E (City Employee’s Sexual Privacy Ordinance) was repealed by Ord. 199-21, effective December 6, 2021.

New Ordinance Notice

Publisher's Note: This section has been ADDED by new legislation (Ord. 202-22, approved 10/6/2022, effective 11/6/2022). The text of the section will be included below when the enacting legislation is effective.

For purposes of this Chapter 12E:

“City” means the City and County of San Francisco.

“Contract” means an agreement between a Contracting Department and any person or entity that provides, at the expense of the City, for public works or public improvements to be purchased under Chapter 6 of the Administrative Code, or for commodities or services to be purchased under Chapter 21 of the Administrative Code. Notwithstanding the foregoing, “Contract” shall not include:

(a) Agreements that do not contemplate the use of any landscaping equipment in furtherance of services to be performed under the Agreement; or

(b) Agreements advertised, solicited, or initiated prior to July 1, 2024.

“Contracting Department” means the City department, office, board, commission, or other City agency that enters into a Contract on behalf of the City.

“Contractor” means any corporation, partnership, individual, sole proprietorship, joint venture, or other legal entity or combination thereof, which enters into a Contract with the City.

“Director” means the director of the Department of the Environment, or the Director’s designee.

“Gas-Powered Landscaping Equipment” has the meaning set forth in Section 2101 of the Police Code, as may be amended from time to time.

“Replacement Technology” has the meaning set forth in Section 2101 of the Police Code, as may be amended from time to time.

(Added by Ord. 202-22, File No. 220199, App. 10/6/2022, Eff. 11/6/2022)

(Former Sec. 12E.1 added by Ord. 14-85, App. 1/11/85; repealed by Ord. 199-21, File No. 210739, App. 11/5/2021, Eff. 12/6/2021)

(a) Starting July 1, 2024, no City department shall use Gas-Powered Landscaping Equipment in performing any City function.

(b) Waivers. The Director shall grant a temporary waiver of the requirements of Section 12E.2(a) to a City department with respect to GasPowered Landscaping Equipment that the Director finds is needed to perform one or more required functions of the department and for which the

Director determines that Replacement Technology is unavailable. The Director shall waive the prohibition in Section 12E.2(a) solely with respect to those specific, identified departmental functions for which the department documents to the Director’s satisfaction that Replacement Technology is unavailable. Replacement Technology shall be deemed to be “unavailable” for purposes of this waiver, and for purposes of any renewal of the waiver under Section 12E.2(c), if Replacement Technology does not exist, or if a department is unable to purchase Replacement Technology for an amount less than or equal to 300% of the cost of the equivalent Gas-Powered Landscaping Equipment, inclusive of up-front costs, including electrical infrastructure supporting Replacement Technology, and operating costs over a one-year period for the Gas-Powered Landscaping Equipment and equivalent Replacement Technology. Inclusion of Gas-Powered Landscaping Equipment on the Exempt Gas-Powered Landscaping Equipment List, described in Section 2103 of the Police Code, shall constitute a determination by the Director that Replacement Technology is unavailable with respect to the listed equipment.

(c) Waiver renewals. A temporary waiver granted under Section 12E.2(b) shall expire on March 31 of the calendar year following the grant or renewal of the waiver. The Director shall renew a department’s waiver under Section 12E.2(b) to extend past that March 31 to the next March 31 if the Director determines that the Gas-Powered Landscaping Equipment that is the subject of the waiver remains necessary to perform one or more required functions of the department and determines that Replacement Technology for such equipment remains unavailable. There is no limit on the number of waiver renewals the Director may grant.

(d) In the event of any conflict between this Chapter 12E and Section 4.14 of the Administrative Code, this Chapter 12E shall govern.

(Added by Ord. 202-22, File No. 220199, App. 10/6/2022, Eff. 11/6/2022)

(Former Sec. 12E.2 added by Ord. 14-85, App. 1/11/85; repealed by Ord. 199-21, File No. 210739, App. 11/5/2021, Eff. 12/6/2021)

(a) Starting July 1, 2024, no City department may enter into a Contract, the performance of which could involve the use of Gas-Powered Landscaping Equipment, that does not prohibit the use of Gas-Powered Landscaping Equipment.

(b) Waivers. The Purchaser, in consultation with the Director, shall waive the prohibition in Section 12E.3(a) under one or more of the following circumstances:

(1) The Purchaser determines that needed services under the applicable Contract are available only from one source pursuant to applicable provisions of the Administrative Code, and the Director determines that the source lacks the capability to perform the needed services without the use of Gas-Powered Landscaping Equipment; or

(2) The Purchaser determines, pursuant to applicable provisions of the Administrative Code, that the Contract is necessary to respond to an emergency which endangers the public health or safety, and no entity is capable of responding to the emergency and is immediately available to perform the required services while complying with the prohibition in Section 12E.3(a); or

(3) The Purchaser determines that there are no qualified responsive bidders or prospective vendors that are capable of complying and willing to comply with the prohibition in Section 12E.3(a); and the Contract is for a service or project that is essential to the City or the public; or

(4) The Purchaser determines that the public interest warrants the granting of a waiver because application of the prohibition in Section 12E.3(a) would have an adverse impact on the provision of City services to the public or a substantial adverse financial impact on the City; or

(5) The Purchaser determines that the services to be purchased are available under a bulk purchasing arrangement with a federal, state, or local governmental entity or a group purchasing organization; and the purchase under such arrangement will substantially reduce the City’s cost of purchasing such services, and is in the best interest of the City; or

(6) The Purchaser determines that adhering to the prohibition in Section 12E.3(a) would violate or be inconsistent with the terms or conditions of a grant, subvention, or agreement with a public agency or the instructions of an authorized representative of any such agency with respect to any such grant, subvention, or agreement, provided that the Contracting Department has made a good faith attempt to change the terms or conditions of any such grant, subvention, or agreement to permit adherence to the prohibition; or

e terms or conditions of a grant, subvention, or agreement with a public agency or the instructions of an authorized representative of any such agency with respect to any such grant, subvention, or agreement, provided that the Contracting Department has made a good faith attempt to change the terms or conditions of any such grant, subvention, or agreement to permit adherence to the prohibition; or

(7) The Purchaser determines that Gas-Powered Landscaping Equipment is needed to perform one or more required contractual objectives, and the Director has determined that Replacement Technology is unavailable for that Gas-Powered Landscaping Equipment, that the necessary infrastructure does not exist or cannot be put into place allowing for the use of Replacement Technology on the contract, or that it is otherwise infeasible to utilize Replacement Technology on the contract. Replacement Technology shall be deemed to be “unavailable” for purposes of this waiver if Replacement Technology does not exist, or if the party with the obligation to provide relevant equipment under the Contract is unable to purchase Replacement Technology for an amount less than or equal to 300% of the cost of the equivalent Gas-Powered Landscaping Equipment, inclusive of up-front costs, including electrical infrastructure supporting Replacement Technology, and operating costs over a one-year period for the Gas-Powered Landscaping Equipment and equivalent Replacement Technology. Inclusion of Gas-Powered Landscaping Equipment on the Exempt Gas-Powered Landscaping Equipment List, described in Section 2103 of the Police Code, shall constitute a determination by the Director that Replacement Technology is unavailable with respect to the listed equipment.

(c) Departments shall submit proposed waivers for approval by the Purchaser in accordance with the Director’s rules and regulations.

(d) Waivers granted to departments under Section 12E.3(b) for Contracts shall expire on the end date of the Contract.

(e) The Purchaser shall report to the Director annually all waivers granted under Section 12E.3(b) within 30 days of the end of the fiscal year.

(f) In the event of any conflict between this Chapter 12E and Section 4.14 of the Administrative Code, this Chapter 12E shall govern.

(Added by Ord. 202-22, File No. 220199, App. 10/6/2022, Eff. 11/6/2022)

(Former Sec. 12E.3 added by Ord. 14-85, App. 1/11/85; repealed by Ord. 199-21, File No. 210739, App. 11/5/2021, Eff. 12/6/2021)

The Director may adopt rules, regulations, and guidelines to implement this Chapter 12E.

(Added by Ord. 202-22, File No. 220199, App. 10/6/2022, Eff. 11/6/2022)

(Former Sec. 12E.4 added by Ord. 14-85, App. 1/11/85; repealed by Ord. 199-21, File No. 210739, App. 11/5/2021, Eff. 12/6/2021)

Nothing in this Chapter 12E shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. In Contracts that involve the use of any funds furnished, given, or loaned by the Government of the United States or the State of California, all laws, rules, and regulations of the United States or California or of any federal or State departments relative to the performance of such work and the conditions under which the work is to be performed, shall prevail over the requirements of this Chapter 12E when such laws, rules, or regulations are in conflict.

(Added by Ord. 202-22, File No. 220199, App. 10/6/2022, Eff. 11/6/2022)