FILE NO. LEGISLATIVE DIGEST. [Environment Code. Bottle

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1 / FILE NO. LEGISLATIVE DIGEST [Environment Code Bottle Fillg Stations] Ordance amendg the San Francisco Environment Code by addg Chapter 23 to require new and remodeled buildgs that have drkg fountas to provide bottle fillg stations, settg an operative date, and makg environmental and other fdgs. Existg Law Current law does not require buildg owners or developers to provide bottle fillg stations addition to drkg fountas. Amendments to Current Law The proposal would amend the Environment Code to require that the project sponsor for any new construction or change occupancy that would already be required to stall drkg fountas provide an equal number of Drk Tap Stations. This requirement would also apply to the project sponsor for a major plumbg alteration that would affect the plumbg system that supplies an existg drkg founta. The ordance would defe Drk Tap Station as a bottle fillg unit that: Supplies potable water; Delivers a mimum of 8.0 gallons per hour (gph) of ambient water; Is wall or floor mounted and is a separate unit or a combation unit cludg a drkg founta; and, Complies with ADA standards, is U.L. listed, and is certified to be leadfree. The Director of the Department of the Environment would be responsible for educatg buildg owners, developers, contractors, and others about the requirements of the ordance, and for providg them with a list of vendors who sell Drk Tap Stations. The General Manager of the Public Utilities Commission would compile the list. The Director of the Department of Buildg Inspection would be responsible for notifyg developers, contractors, and others of the requirements of the ordance when such persons request a buildg permit. The ordance would also require the DBI Director to keep a list of all Drk Tap Stations stalled durg the first three years of the program and to report to the Board of Supervisors the total number of stallations for each of those years. The ordance and its requirements would become operative on January 1, BOARD OF SUPERVISORS Page 1

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3 FILE NO. ORDINANCE NO. 1 [Environment Code Bottle Fillg Stations] Ordance amendg the San Francisco Environment Code by addg Chapter require new and remodeled buildgs that have drkg fountas to provide bottle 23 to 5 fillg stations, settg an operative date, and makg environmental and other fdgs. 6 NOTE: Additions are sgle-underle italics Tunes Nei Roman; are strike through italics Times New Roman. 7 Board additions double-underled; Board deletions strikothrough normal. 8 deletions amendment amendment are are 9 Be it ordaed by the People of the City and County of San Francisco: 10 Section 1. Environmental Fdgs. The Planng Department 11 actions contemplated has determed that the this Ordance comply with the California Environmental Quality Act 12 (California Public Resources Code Section et seq.). Said determation is on file with 1 3 the Clerk of the Board of Supervisors File No. and is corporated here by reference Section 2. The 16 Chapter 23, Sections San Francisco Environment Code is hereby 2301 through 2306, to read as follows: 17 CHAPTER DRINK TAP ORDINANCE SEC FINDINGS. 21 The Board of Supervisors fds that: amended by addg 22 (a) The City and Couni of San Francisco has a longstandg commitment to environmental 23 sustaability throu,gh the prohibition of bottled water purchases by the San Francisco City and County 24 Government, as structed by Executive Directive BOARD OF SUPERVISORS Page 1

4 1 (b) The Hetch Hetchy Regional Water System operated by the San Francisco Public Utilities 2 Commission delivers priste drkg water, which is stored the Hetch Hetchy Reservoir, meets or 3 exceeds all federal and state criteria for drkg water quality, and is tested over 100,000 times per 4 year. 5 (c) Plastic water bottles are bad for the environment. More than one billion plastic water 6 bottles end up California s trash each year -- takg up valuable landfill space, leakg toxic 7 chemicals such as phalates to the ground water, and takg 1,000 years to degrade. It takes an 8 estimated 2,000 times more energy to produce plastic bottled water than it does to produce an 9 equivalent amount of tap water. Plastic water bottles add to greenhouse gas emissions because high 1 0 amounts of oil are used to manufacture the plastic bottles, addition to the emissions resultg from 11 the transportation of the bottles to stores. 1 2 (d) Plastic water bottles are expensive. Americans spent $10.6 billion on bottled water and paid up to 1,000 times the cost of tap water. 1 4 (e) Plastic water bottles are potentially a health hazard. A growg number of scientific studies 1 5 are potg to the harmful effects of chemicals the plastic that can leach to the water and be 1 6 consumed. Further, most branded plastic bottled water companies do not disclose their water sources, 1 7 treatment methods or contamants found the water. 1 8 (f) The City and County of San Francisco is dedicated to beg a good environmental steward 1 9 by promotg water conservation efforts and educatg residents about the environmental, economic, 20 and health benefits of drkg tap water SEC SHORT TITLE AND PURPOSE. 23 (a) This Chapter shall be entitled the Drk Tap Ordance. 24 (b) The purpose of this Chapter is to improve access to clean, free drkg water fir residents 25 and visitors of the City and County of San Francisco by providg bottle fillg stations. BOARD OF SUPERVISORS Page 2

5 2 SEC DEFINITIONS. 3 For the purposes of this Chapter, the followr words shall have the followg meangs: 4 (a) Drk Tap Station means a bottle fillg unit that: 5 (1) Supplies potable water; 6 (2) Delivers a mimum of 8.0,gallons per hour (,ph) of ambient water, 7 (3) Is wall or floor mounted and is a separate unit or a combation unit cludg a 8 drk,g founta; and, 9 (4) Complies with the standards of the Americans with Disabilities Act, is listed by the 10 Underwriters Laboratory, and is certified to be lead-free compliant, cludg NSF/ANSI. 61-Annex G, 11 AB (b) Drkg founta means a fixture with the mean,g of Chapter 4 of the California 13 Plumbg Code (Title 24, Part 5, of the California Code of Regulations). 1 4 (c) New construction means a build,g that has never before been used or occupied for any 1 5 purpose and does not clude additions, alterations, or repairs SEC MANDATORY PROVISION OF CLEAN, FREE DRINKING WATER. 1 8 For new construction and chanres occupancy that are required by Chapter 29 of the San 1 9 Francisco Buildg Code to provide one or more drkr fountas, the project sponsor shall provide 20 a Drk Tap Station for each drk,g founta. This requirement shall also apply to a major plumbg 21 alteration that will affect the plumbr system that supplies any exist,g drkg founta(s) SEC IMPLEMENTATION. 24 (a) Implementation of this Chapter shall be the responsibili of the Public Utilities 25 Commission, the Department of Buildg Inspection, and the Department of the Environment. BOARD OF SUPERVISORS Page 3

6 1 (b) The Director of the Department of the Environment shall be responsible for conductg 2 outreach to biiildiig owners, developers, contractors, and others to make them aware of the 3 requirements of this Chapter, and for providg them with a list of vendors who sell Drk Tap Stations, 4 which list shall be developed by the General ManaRer of the Public Utilities Commission. 5 (c) The Director of the Department of Buildg Inspection shall be responsible for notifvr 6 developers, contractors, and others of the requirements of this Chapter when such persons request a 7 buildg permit. The Director of the Department of Build,g Inspection shall also keep a lo,g of all 8 Drk Tap Stations stalled dur,g the first three years of this Chapter and provide to the Board of 9 Supen4sors an annual report on total stallations under this Chapter for the same three years SEC OPERATIVE DATE. 12 All of the requirements set forth this Chapter shall become operative on January], Section 3. Additional Provisions. 15 (a) Effective Date. This Ordance shall become effective 30 days from the date of 16 passage. 1 7 (b) Severability. If any section, subsection, sentence, clause, or phrase of this 18 Ordance is for any reason held to be valid or unconstitutional by a decision of any court of 1 9 competent jurisdiction, such decision shall not affect the validity of the remag portions of 20 the Ordance. The Board of Supervisors hereby declares that it would have passed this 21 Ordance and each and every section, subsection, sentence, clause, or phrase not declared 22 valid or unconstitutional without regard to whether any other portion of this Ordance would 23 be subsequently declared valid or unconstitutional. 24 (c) Undertakg for the General Welfare. In undertakg the implementation of this 25 Ordance, the City is assumg an undertakg only to promote the general welfare. It is not Supervisor chiu BOARD OF SUPERVJSORS Page 4

7 assumg, nor is is liable jury. it imposg on its officers and employees, an obligation for breach of which money damages to any person who claims that such breach proximately caused (d) No Conflict with Federal or State Law. Nothg terpreted or applied so as to create any requirement, power or duty federal or state law. this Ordance shall be conflict with any it 7 (e) Effect of Amendments. In enactg this Ordance, the Board tends to amend 8 9 only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation, charts, diagrams, or any other constituent part of the Environment Code that are explicitly 10 shown this legislation as additions, deletions, Board amendment additions, and Board 11 amendment deletions accordance with the Note that appears under the official title of the 12 legislation APPROVED AS TO FORM: DENNISJ. HERRERA, City Attorney 17 THOMAS J. OWEN 1 8 By: Deputy City Attorney BOARD OF SUPERVISORS Page 5

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