San Francisco Administrative Code § 99.5 Contracting with Developers to Install Electric Facilities

(a) 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 (A) requires the developer to complete infrastructure for the project; and (B) 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 subsection (a) of 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.

(c) The PUC may contract to purchase from a customer existing or newly constructed utility facilities that PUC would otherwise be required to install, provided that:

(1) The PUC has determined it is feasible to provide power to the customer’s project, and the customer has agreed that the PUC will be the power provider for the project;

(2) The PUC and the customer have entered into an agreement that (A) describes the facilities and each party’s cost responsibility; and (B) for new construction, requires a workforce development program that includes nondiscrimination in contracts, prevailing wages, local hire, and first source hiring; and

(3) The PUC has reasonably determined that any amount payable to the customer for the facilities 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.

(d) The PUC is authorized to accept ownership of the facilities purchased under this Section 99.5 and any associated easements, unless an applicable law, regulation or tariff requires ownership by a third-party electric utility.

(e) Contracts PUC enters under this Section 99.5 are exempt from the requirements of Chapters 6 and 21 of the Administrative Code.

(Added by Ord. 65-21, File No. 210260, App. 5/7/2021, Eff. 6/7/2021; amended by Ord. 94-26, File No. 260302, App. 5/15/2026, Eff. 6/15/2026)