San Francisco, CA Municipal Code Pertaining to Green Business Program
Status: Adopted on 2/3/06
CHAPTER 15: GREEN BUSINESS PROGRAM
SEC. 1500. FINDINGS.
The Board of Supervisors and Mayor of the City and County of San Francisco wish to authorize the creation of a Green Business program in order for the City to encourage and recognize businesses that demonstrate environmental leadership, exceed minimum regulatory requirements and take voluntary steps to conserve natural resources and prevent pollution.
In compliance with this ordinance, the Department of Public Health, the Department of the Environment and the Public Utilities Commission are authorized to form a joint program to develop and implement a City-wide Green Business program to encourage and recognize businesses that: conserve the use of natural resources, such as electricity, water and fuel; reduce, reuse, recycle and compost materials; reduce the use and generation of hazardous materials and hazardous waste; and take affirmative steps to prevent pollution. The City departments shall use the Association of Bay Area Government's Bay Area Green Business Program as a model and baseline for San Francisco's Green Business program and may use more stringent standards and criteria. In developing and implementing the program, the departments shall target various business sectors operating in the City and may consult with: relevant federal, State, and regional agencies, such as the California Department of Toxic Substances Control and Bay Area Air Quality Management District; City departments that issue permits and enforce regulatory programs, including the Department of Building Inspection, the Fire Department and the Port of San Francisco; governmental land owners; and other interested entities such as the Association of Bay Area Governments and San Francisco's Small Business Commission. Only operations in the City which are in compliance with all City contracts, City-issued permits and laws; and are in compliance with all applicable environmental laws and regulations are eligible to participate in the program. A Green Business recognition will be valid for up to one year from issuance and may be extended for up to two additional years based on self-certification of continuing qualification by the business. At the end of the qualification period, the business must reapply. A Green Business recognition automatically terminates upon a change in ownership or if the business ceases operation at that location. In coordination with and on behalf of the participating departments, the decision of the Director of the Department of the Environment on whether a business qualifies as a Green Business shall be final.
SEC. 1502. REGULATIONS.
In coordination with and on behalf of the participating departments, the Director of the Department of the Environment, after a public hearing, shall adopt and may amend guidelines, rules, regulations and forms to implement a Green Business recognition program for various business sectors, including the application process, eligibility criteria and qualification as a Green Business. Eligibility and qualifications shall include, without limitation, thresholds and standards for: recycling and waste reduction; energy conservation; water conservation; and pollution prevention in light of feasible resources and technologies. Prior to adoption or amendment of guidelines, rules or regulations, the Director of Public Health shall certify to the Director of the Department of the Environment that the guidelines, rules or regulations are consistent with local, state and federal environmental and health regulations and with the Department of Public Health's environmental and health objectives. The participating departments shall review eligibility and qualification criteria at least once every other year and the Director of the Department of the Environment shall amend the regulations as necessary.
SEC. 1503. NOTICE.
The Director of the Department of the Environment shall conduct outreach to all businesses that are eligible to participate in programs established under this Chapter and shall afford all eligible businesses the same opportunities to participate in the program. The Director of the Department of the Environment shall periodically post a list of Green Businesses on its website.
SEC. 1504. DISCLAIMER.
Recognition by the City of a business as a Green Business shall not be construed as an endorsement by the City of the business or confer any legal right or privilege to the business. The participating departments may discontinue any program established under this Chapter at any time.
SEC. 1505. PENALTIES.
False or misleading statements or misrepresentations made by any person regarding a business's eligibility or qualifications for or compliance with the Green Business program is a violation of this Chapter and is subject to an administrative penalty up to $500 per violation in addition to any other available remedies. In coordination with and on behalf of the participating departments, whenever the Director of the Department of the Environment finds that information in a business's application or any required submission is inaccurate or misleading or a business that has a Green Business recognition is violating or has violated the terms of the Green Business program eligibility or qualifications, the Director may revoke that business's recognition as a Green Business, which revocation shall be final.