§ 203.

COMMISSION AND DEPARTMENT OF THE ENVIRONMENT DUTIES

a.

Public Participation Guidelines. In order to promote meaningful public participation, after consultation with technical experts, individuals with expertise in environmental protection or environmental health, community groups and the public, and not later than 90 days from the effective date of this Chapter, the Director shall, at a public meeting, adopt Public Participation Guidelines for use in making designated decisions under this Chapter. Amendments to the Public Participation Guidelines may be made by the Director in the same manner.

b.

Targeted Product Categories.

i.

Not later than 210 days from the effective date of this Chapter and regularly thereafter, the Director, in accordance with the Public Participation Guidelines, will consult with the Director of the Department of Public Health, the City Purchaser, City department users, technical experts, individuals with expertise in environmental protection or environmental health, community groups, labor representatives and the public to develop and present recommendations for Targeted Product Categories to the Commission on the Environment.

ii.

Not later than 270 days from the effective date of this Chapter and regularly thereafter, the Commission on the Environment will designate Targeted Product Categories at a public meeting.

c.

Approved Alternatives List for Targeted Product Categories.

i.

Criteria. For each Targeted Product Category, the Director, in accordance with the Public Participation Guidelines, will consult with the Director of the Department of Public Health, the City Purchaser, City department users, technical experts, including individuals with expertise in environmental protection or environmental health, community groups, other governmental entities, and the public to develop a comprehensive set of substantive and qualitative human health and environmental criteria by which to evaluate products in a Targeted Product Category. Criteria will be designed to effectuate the goals stated in Section 201 and will take into account non-local impacts for which information is available. The following factors may be considered in establishing the criteria: human health impacts and environmental impacts and threats of harm to human health or the environment. This includes, but is not limited to: greenhouse gas and air pollution emissions; transportation impacts; groundwater and surface water contamination; water and energy efficiency; renewable energy sources; recycled content; durability; and ability to recycle, refuse or compost. The Director will adopt criteria for each Target Product Category. The Director will post the criteria for each Target Product Category on the Department’s website. The Director, in accordance with the Public Participation Guidelines, will regularly review and revise the criteria to reflect the current state of scientific knowledge regarding health and environmental effects.

ii.

Evaluation and Adoption. The Director shall create an Approved Alternatives List for each Targeted Product Category either by: objectively evaluating each potential alternative within a targeted product category based on the criteria or through a bid or solicitation based on the criteria issued by the Office of Contract Administration or other relevant department. The Director will present the Approved Alternatives List and any subsequent revisions to the Commission at a public meeting and shall notify all City departments of adoption or revision of an Approved Alternatives List.

iii.

The Director shall respond within 90 days to any written request to include a particular product on the Approved Alternatives List.

iv.

The Approved Alternatives List for each Targeted Product Category shall indicate where each included commodity is produced. In making a purchase decision, the City Purchaser and City department users, after considering other relevant factors such as cost, may at his or her discretion give priority to commodities produced within the geographic boundaries of the City.

d.

Rules and Regulations. After a public hearing, the Director, in consultation with the Purchaser, may promulgate rules, regulations or guidelines as required by this Chapter or as necessary or appropriate to carry out the purposes and requirements of this Chapter and may adopt forms necessary to implement this Chapter.

e.

Training. The Director shall implement ongoing training for City employees and contractors for the purpose of compliance with this Chapter and provide ongoing training to industrial health and safety officers, environmental staff, contracting officers and others involved in purchasing decisions and product use.

f.

Presentation to Board of Supervisors. Not later than 15 months from the effective date of this Chapter, the Director will notify Clerk of the Board of Supervisors that the Department is prepared to deliver its presentation and ask the Clerk to work with the President of the Board of Supervisors to calendar the presentation for the appropriate Board committee.

g.

Annual Review and Report to Commission and Board of Supervisors. Not later than twenty-four months from the effective date of this Chapter, and annually thereafter in February, the Director shall submit a report to the Commission and the Board of Supervisors on the progress of City departments towards full compliance with this Chapter. The annual report shall include:

i.

an evaluation of the progress in meeting the goals in Section 201;

ii.

the status and effectiveness of current efforts by City departments to implement this Chapter and additional specific actions, including legislation, needed to effectively implement this Chapter;

iii.

a summary of the annual reports submitted by City departments pursuant to section 205(b) and a list of waivers granted by the Purchaser during the previous period organized by department.

iv.

an update on the extent and efficacy of training programs for users and purchasers of Targeted Products;

v.

a workplan for the next reporting period with specific goals, actions and timelines necessary to implement this Chapter; and

vi.

The annual report required by this section shall include a recommendation by the Director, after consultation with City Departments and the public, on how to expand this Chapter to City contractors.

History

(Added by Ord. 115-05, File No. 050595, App. 6/17/2005)

(Former Sec. added by Ord. 171-03, File No. 030422, App. 7/3/2003; repealed by Ord. 115-05; Derivation Former Administrative Code Section 21F.4; added by Ord. 121-99, File No. 990405, App. 5/21/99)

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