SEC. 29.1. APPLICABILITY OF THIS CHAPTER 29.

(a) This Chapter 29 shall be applicable to any project, as defined by the California Environmental Quality Act, Public Resources Code Sections 21000 and following, as amended; and Guidelines for Implementation of the California Environmental Quality Act, as amended, appearing as Title 14, Division 6, Chapter 3 of the California Code of Regulations (hereinafter referred to collectively as CEQA), that is proposed by and under the jurisdiction of an office, board, department, commission or other unit of government of the City and County and meets both of the following criteria:

(1) the cost of implementing and/or constructing the proposed project exceeds twenty-five million dollars ($25,000,000.00), and

(2) The Project Sponsor reasonably estimates at the time of filing the application for environmental review that a portion of the predevelopment, planning or construction costs of the proposed project in excess of $1,000,000.00, but excluding the costs of City personnel working on such project, will be paid from public monies. For purposes of this Chapter 29, "public monies" shall mean (i) funds from the City's General Fund or funds otherwise held by any Department of the City, (ii) the proceeds of any indebtedness of the City, including without limitation revenue bonds, lease revenue bonds or certificates of participation secured by the City's General Fund or funds otherwise held by any City department, or (iii) federal or state grants or loans to, from, or through a City department, entity, or agency, or (iv) rent obligations that are reduced, waived or forgiven by the City under a lease for real property, including the fair market value of any free rent period under the lease. Revenues from tax increment financing shall not be considered "public monies" for these purposes.

(b) Notwithstanding Subsection 29.1(a), no provision of this Chapter 29 shall be interpreted to grant the Board of Supervisors broader powers to set policy for a project proposed by an office, board, department, commission or other unit of government of the City and County than is granted by the City Charter or applicable state or federal law and proposed projects shall not be subject to the determination by the Board of Supervisors provided for by this Chapter 29 where the City Charter or applicable state or federal law precludes such a determination by the Board of Supervisors.

(c) Notwithstanding anything to the contrary in this Chapter 29, this Chapter 29 shall not apply to the following projects:

(1) Any project that has been specifically approved by the voters prior to January 1, 1998, or where more than 75% of the amount of public monies for the project will be financed with proceeds from a bond measure that the Board of Supervisors has submitted for approval to the voters and that has been approved by the voters; or

(2) Any project that is the subject of a term sheet (or similar summary of key terms and conditions) or an exclusive negotiating agreement (or similar agreement setting forth a schedule and terms for proceeding towards final transactional documents), approved or endorsed by the Board of Supervisors on or after January 1, 2003, but before July 1, 2004, or that has otherwise been approved or endorsed by the Board of Supervisors during such time period; provided, however, that if the Board of Supervisors subsequently elects to withdraw such endorsement or approval, this exemption shall not apply and such project shall be subject to the terms of this Chapter 29 to the extent otherwise applicable; or

(3) Any project where funds allocated or granted by the San Francisco County Transportation Authority (“SFCTA”), or other funds secured by or requiring contribution of matching or leveraged SFCTA funds, comprise more than 75% of the public monies for the project, provided that the SFCTA has reviewed and approved the plans or projects to be financed with such funds from the SFCTA; or

(4) Any project that is a utility capital improvement project under the jurisdiction of the San Francisco Public Utilities Commission.; or [1]

(5) Any project that is a public transportation capital improvement project under the jurisdiction of the San Francisco Municipal Transportation Agency that will support an increase or improvement in Municipal Railway (“Muni”) service.

(Added by Ord. 104-04, File No. 040146, App. 6/4/2004; amended by Ord. 172-05, File No. 050817, App. 7/29/2005; Ord. 271-18, File No. 180893, App. 11/9/2018, Eff. 12/10/2018)

CODIFICATION NOTE

1. So in Ord. 271-18.