San Francisco County Grand Jury

2006-2007

4 reports

Findings & Recommendations 8 findings
F1: The Precautionary Principle: Requires "the selection of the alternative that presents the least potential threat to human health and the City's natural systems." When science cannot fully establish a cause-and-effect relationship but can provide reasonable evidence of harm, this principle requires us to take precautionary measures to prevent environmental damage.
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R1: The Precautionary Principle: Requires "the selection of the alternative that presents the least potential threat to human health and the City's natural systems." When science cannot fully establish a cause-and-effect relationship but can provide reasonable evidence of harm, this principle requires us to take precautionary measures to prevent environmental damage.
F2: Environmentally Preferable Purchasing Ordinance: Requires the City to develop relevant environmental selection criteria for products used to maintain City buildings and vehicle fleets to reduce San Francisco's contribution to global climate change.
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R2: Environmentally Preferable Purchasing Ordinance: Requires the City to develop relevant environmental selection criteria for products used to maintain City buildings and vehicle fleets to reduce San Francisco's contribution to global climate change.
F3: Healthy Air and Smog Prevention. Promotes the replacement of polluting vehicles by less polluting vehicles. Among other things, this code requires the replacement of all old Muni polluting diesel buses with alternative non-polluting buses.
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R3: Healthy Air and Smog Prevention. Promotes the replacement of polluting vehicles by less polluting vehicles. Among other things, this code requires the replacement of all old Muni polluting diesel buses with alternative non-polluting buses.
F4: The Resource Conservation Ordinance: Applies the Precautionary Principle to the selection of commodities used in City operations that minimize impacts on natural resources by maximizing recycled content, recycling, and reuse.
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R4: The Resource Conservation Ordinance: Applies the Precautionary Principle to the selection of commodities used in City operations that minimize impacts on natural resources by maximizing recycled content, recycling, and reuse.
F5: Resource Efficiency Requirement: Establishes the Leadership in Energy and Environmental Design (LEED) Silver level as the standard for all City building projects. The LEED Green Building Rating System is the nationally accepted benchmark for the design, construction, and operation of high performance green buildings, making optimum use of public transportation and requiring selection of products and procedures that minimize harm to natural resources.
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R5: Resource Efficiency Requirement: Establishes the Leadership in Energy and Environmental Design (LEED) Silver level as the standard for all City building projects. The LEED Green Building Rating System is the nationally accepted benchmark for the design, construction, and operation of high performance green buildings, making optimum use of public transportation and requiring selection of products and procedures that minimize harm to natural resources.
F6: The Construction and Demolition Debris Recovery Ordinance: Requires the recovery rather than landfill disposal of construction and demolition debris generated in San Francisco by prohibiting disposal of such debris with garbage. It imposes requirements and conditions in building permits, establishes a program to register debris transporters and processing facilities, and establishes enforcement mechanisms.
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R6: The Construction and Demolition Debris Recovery Ordinance: Requires the recovery rather than landfill disposal of construction and demolition debris generated in San Francisco by prohibiting disposal of such debris with garbage. It imposes requirements and conditions in building permits, establishes a program to register debris transporters and processing facilities, and establishes enforcement mechanisms.
F7: Green Business Program: Lists the environmental practices and processes that must be implemented in order to receive the Bay Area Green Business recognition, including Water and Energy Conservation, Recycling and Composting, and Pollution Prevention (wastewater and toxics). It provides checklists for restaurants, hotels/motels and offices/retail businesses in order to comply. Prohibited Disposable Food Service Ware: After June 1, 2007, food vendors in San
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R7: Green Business Program: Lists the environmental practices and processes that must be implemented in order to receive the Bay Area Green Business recognition, including Water and Energy Conservation, Recycling and Composting, and Pollution Prevention (wastewater and toxics). It provides checklists for restaurants, hotels/motels and offices/retail businesses in order to comply. Prohibited Disposable Food Service Ware: After June 1, 2007, food vendors in San
F8: Francisco may not sell prepared food in disposable food service ware that contains polystyrene foam, but must instead use an affordable alternative biodegradable, compostible or recyclable product, unless there is no suitable product available. This includes restaurants, City facilities, shops, grocery stores (does not include raw meats or fish). Violation invokes monetary penalties. Appendix #3. INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE: The Physical Science Basis Excerpts from Summary for Policymakers. Fourth Assessment Report, February 200742 Global atmospheric concentrations of carbon dioxide, methane and nitrous oxide have increased markedly as a result of human activities since 1750. Emissions of these gases now far exceed pre-industrial values determined from ice cores spanning many thousands of years. The global increases in carbon dioxide concentration are due primarily to fossil fuel use and land-use change, while those of methane and nitrous oxide are primarily due to agriculture. Warming of the climate system is unequivocal, as is now evident from observations of increases in global average air and ocean temperatures, widespread melting of snow and ice, and rising global mean sea level At continental, regional, and ocean basin scales, numerous long-term changes in climate have been observed. These include changes in Arctic temperatures and ice, widespread changes in precipitation amounts, ocean salinity, wind patterns and aspects of extreme weather including droughts, heavy precipitation, heat waves and the intensity of tropical cyclones. The last time the polar regions were significantly warmer than present for an extended period was about 125,000 years ago. Reductions in polar ice volume led to 4 to 6 meters (13 to 20 feet) of sea level rise. Discernible human influences now extend to other aspects of climate, including ocean warming, continental-average temperatures, temperature extremes and wind patterns. For the next two decades a warming of about 0.2°C per decade is projected for a range of SRES43 emission scenarios. Continued greenhouse gas emissions at or above current rates would cause further warming and induce many changes in the global climate system during the 21st century that would very likely be larger than those observed during the 20th century. Anthropogenic warming and sea level rise should continue for centuries due to the timescales associated with climate processes and feedback, even if greenhouse gas concentrations were to be stabilized. The IPCC fourth Assessment Report, issued April 7, 2007, states that "given the current buildup of carbon dioxide and other long-lived greenhouse gases in the atmosphere, temperatures and seas would inevitably rise for decades. The worst effects would be felt in regions that are mainly poor and already facing dangers from existing climate and coastal hazards, including poor people in prosperous societies." 42 Prepared by 600 scientists from 142 signatory nations SRES refers to the IPCC Special Report on Emission Scenarios (2000). Appendix #4. Congestion Pricing As part of the City's Transit First policy, congestion pricing might be one way to increase public transit and discourage the use of the automobile in congested parts of the City, besides being a source of revenue for Muni. Mayor Michael Bloomberg of New York City has proposed a plan for "congestion pricing" for his city, with revenue to be used to finance environmental and mass transportation projects. The plan calls for an $8-a-day charge for cars and $21 for commercial trucks that enter Manhattan. A lesser fee would be incurred for residents driving within the city. Cameras and other equipment placed at intersections would photograph a car's license plate and money would be deducted from a driver's account. Drivers would receive credit for bridge tolls paid during their trip. (Cardwell 2007) (Engquist 2007) A similar system is already in place in densely populated parts of London, Singapore and Stockholm, lessening traffic congestion and reducing greenhouse gases. In these cities the idea gained support after strong initial opposition. Drivers can pay the daily fee over the internet or in stores. (Litman, 2006) On May 16, 2006, the U.S. Department of Transportation announced its new $1.2 billion National Strategy to Reduce Congestion on America's Transportation Network. 44 (Schaller 2007). San Francisco's Municipal Transportation Agency has acquired a grant from the Federal Highway Administration to study congestion pricing for this City. Such a program was encouraged as one aspect of San Francisco's 2004 Climate Action Plan. Compare the cost of buying, insuring, and parking a car with the fares that Muni charges for a monthly pass ($45 for regular, $10 for senior, child and disabled). For those who do use cars to commute, the added cost of congestion pricing might quickly add up. Thus, congestion pricing works to the extent that it makes mass transit and other alternatives more attractive. Meanwhile, of course, congestion itself is costly, in terms of time spent waiting in traffic, in fuel costs, and in harmful emissions added to the atmosphere. Any meaningful effort to address the problem of global warming should include incentives for low- emitting activities (walking, biking, riding mass transportation) and costs for high-emitting ones. Appendix #5 PHEV Fleet Order Form We urge automakers to go beyond popular hybrid vehicles and manufacture flexible fuel plug-in hybrids that run on electricity as well as gasoline or other fuels. Plug-in hybrids will provide the option of plugging vehicles into an ordinary electrical outlet in order to recharge the battery, allowing our staff to drive on "electric fuel" for significant periods of time, thus reducing the need for gasoline and increasing our fuel efficiency up to 100 mpg or more. Plug-in hybrids will also bring significant reductions in greenhouse gases and other pollutants, and reduce dependence on imported oil. Because of these many benefits, we pledge to strongly consider purchasing the following plug-in electric hybrid vehicles once auto manufacturers make them available, even if it costs more than other vehicles. Please note, this petition will be passed on to automakers who commit to manufacture flexible fuel plug-in hybrid vehicles. E-mail addresses will remain confidential. Number of Vehicles by type Sedan _____ Lt. Truck _____ SUV____ Van _____ School Bus _____ . Heavy Truck_____ Name____ Title_____ Company_____ Address_ Phone Mail completed form to: Plug-In Bay Area, c/o Jodie Van Horn, 221 Pine Street Suite 500, San Francisco, CA 94104 OR Fax to: 415-398-2732 www.pluginbayarea.org BIBLIOGRAPHY VIII. Boschert, Sherry. Plug-in Hybrids, The Cars That Will Recharge America. Canada: New Society Publishers, 2006. Burroughs, Timothy. 2007. Interview with Matthew Waxman on February 1st, reported in WorldChanging San Francisco, April 22nd. CalCars: "The California Cars Initiative -- 100+ MPG Hybrids. All About Plug-In Hybrids (PHEVs)." http://www.calcars.org/vehicles.html California Climate Change Center. 2006. "Our Changing Climate: Assessing the Risks to California, a Summary Report," prepared by Amy Lynd Luers (Union of Concerned Scientists), Daniel R. Cayan (Scripps Institution of Oceanography), Guido Franco (California Energy Commission), Michael Hanemann (University of California, Berkeley), and Bart Croes (California Air Resources Board). www.climatechange.ca.gov California Department of Water Resources. "Progress on Incorporating Climate Change into Management of California's Water Resources." July, 2006. http://baydeltaoffice.water.ca.gov/ Calpirg Public Interest Advocate. 2007. "Public Transit Advocates Urge the Legislature to Prevent Cuts to Public Transit Funding." January 11th. Cardwell, Diane. 2007. "At Mayors' Summit, Bloomberg Campaigns for Clean Air." New York Times, May 16th. Case, Scot, June 2006. "Building a Better Future; Government LEEDs the Way. Public entities are scoring points by erecting buildings that meet Leadership in Energy and Environmental Design (LEED) criteria," GovPro, Penton Media, Inc. Climate Action Plan for San Francisco, San Francisco Department of Environment and Public Utilities Commission, Sept. 2004. Climate Group http://www.theclimategroup.org/ CNA Corp. 2007. "National Security and the Threat of Climate Change." April 20th DBI (Department of Building Inspection). October, 2006. "What You Should Know About The Residential Energy Conservation Ordinance (RECO)." www.sfgov.org/dbi Electric Power Research Institute, as quoted in the Christian Science Monitor by Mark Clayton, July 29, 2004, p. 17. Engquist, Erik. 2007. "Bloomberg Touts Congestion Pricing Plan." NewYorkBusiness.com April 20th. Environment News Service. 2007. "Military Panel: Climate Change Threatens U.S. National Security." April 20th. Espey, Molly. 1998. "Gasoline Demand Revisited: An International Meta-Analysis of Elasticities." Energy Economics 20 (3): 273-95. Flannery, Tim. The Weather Makers: How Man Is Changing the Climate and What It Means for Life on Earth. New York: Grove Press, 2005. Gordon, Rachel. 2007a. "Governor's Budget Plan Diverts Millions from Public Transit." San Francisco Chronicle, May 16th. Gordon, Rachel. 2007b. "Panel Picked to Solve Muni's Funding Mess." San Francisco Chronicle, May 3rd, p. B8. Gordon, Rachel. 2007c. "San Francisco Muni Ready to Send Hybrids Into Service." San Francisco Chronicle, April 9th. Gore, Albert, Jr. Earth in the Balance: Ecology and the Human Spirit. Boston: Houghton Mifflin, 1992. Gore, Al. An Inconvenient Truth: The Planetary Emergency of Global Warming and What We Can Do About It. New York: Rodale, 2006. Hansen, Jim. 2006. "The Threat to the Planet." New York Review of Books, July 13th. Hess, David. 2005. "Case Studies of the Greening of Urban Transit: San Francisco's Muni." http://www.sfmuni.com Hoge, Patrick. 2007. "Benefits of green building outweigh up-front costs." San Francisco Chronicle, February 4th. ICLEI (Local Governments for Sustainability). 2007. World Cities Leadership Climate Change Summit, London. http://www.iclei.org/index.php?id=800 Kayser, Hilke A. 2000. "Gasoline Demand and Car Choice: Estimating Gasoline Demand Using Household Information." Energy Economics 22 (3): 331-48. Keeling, Charles David. 1998. "Rewards and Penalties of Monitoring the Earth." Annual Review of Energy and the Environment 23: 25-82. Kociolek, John Patrick, Director, California Academy of Sciences. "The New Academy of Sciences." San Francisco Department of Environment. November 30, 2005. http://www.sfenvironment.org/downloads/library/aliforniaacademyofsciences.pdf Kolbert, Elizabeth. Field Notes from a Catastrophe: Man, Nature, and Climate Change. New York: Bloomsbury, 2006. Kolbert, Elizabeth. 2007. "Do Not Drive, He Said." The New Yorker, May 7th. Kugler, Sara. 2007. "New York's Cab Fleet To Be Entirely Hybrid Within Five Years, Mayor Says." San Francisco Chronicle, May 23rd, p. A12. Lanchester. 2007. "Global Warming, Global Inertia." London Review of Books, March 22nd. Lazarus, David. 2007. "Is It Time To Raise Gas Taxes?"; "Why Some Experts Want Higher Gas Tax"; "Gas Taxes Could Fuel Reforms." Articles appearing in San Francisco Chronicle, April 25, 27 and 29. . Litman, Todd. 1999. "A Critical Evaluation of Electric Vehicle Benefits." Victoria Transport Policy Institute, November 28th. Litman, Todd. 2006. "London Congestion Pricing: Implications for Other Cities." Victoria Transport Policy Institute, January 10th. http://www.vtpi.org/london.pdf Martin, Mark. 2007. "Air Board Sets Goals to Reduce Emissions." San Francisco Chronicle, April 21st. McKibbon, Bill. 2007. KQED News Hour. "Carbon Tax Aims to Cut Greenhouse Gases." April 11th. NASA Technical Briefs. 2005. "Carbon-Nanotube Conductive Layers for Thin-Film Solar Cells." Nation, Joe. 2007. "Coordinate Carbon Trading Markets." San Francisco Chronicle, March 23rd, p. B11. New York Times Editorial. 2007. "Warming and Global Security." April 20th, late edition, Section A, . Oreskes, Naomi. 2004. "Beyond the Ivory Tower: The Scientific Consensus on Climate Change." Science 306: 1686. Peskin, Aaron. 2007. "Peskin To Offer Measure to Overhaul Muni, Cut Greenhouse Gases." San Francisco Chronicle, May 22nd, Bay Area Section. Petit, J.R., J. Jouzel, D. Raynaud, J. Barkov, M. Barnola, I. Basile, M. Bender, J. Chappellaz, M. Davis, G. Delaygue, M. Delmotte, V. Kotlyakov, M. Legrand, V. Lipenkov, C. Lorius, L. Pépin, C. Ritz, E. Saltzman, and M. Stievenard. 1999. "Climate and Atmospheric History of the Past 420,000 Years from the Vostok Ice Core, Antarctica." Nature 399: 429-36. Puller, Steven L. and Lorna A. Greening. 1999. "Household Adjustment to Gasoline Price Change." Energy Economics 21 (1): 37-52. Reiss, Bob. The Coming Storm, Extreme Weather and Our Terrifying Future. New York: Hyperion, 2001. Rocky Mountain Institute's Home Energy Briefs #2. Lighting. www.rmi.org Rosenblum, Daniel. 2007. "Carbon Tax Aims to Cut Greenhouse Gases." KQED News Hour, April 11th. San Francisco Department of Environment. 2007. "Bill Introduced to require compostable bags." January 24th. www.sfenvironment.org San Francisco Municipal Railway Short Range Transit Plan FY2006-2025. January 22, 2007. www.sfmta.com/cms/rsrtp/srtpindx.htm S.F. BOS (San Francisco Board of Supervisors) press release. "San Francisco to be world leader in local, clean, renewable energy." April 17, 2007. S.F. Prop B. 2001. "San Francisco Votes to Produce Its Own Solar and Wind Power." New York Times, Nov. 8th. San Jose Mercury News. 2007. "Silicon Valley Business Leaders Back Feeback Idea." May 27th. Sappenfield, Mark. 2005. "Global-Warming Fight Goes Grass Roots." Christian Science Monitor, June 6th. Schaller, Bruce. 2007. "Will the Critics Kill Congestion Pricing?" Gotham Gazette, May 8th. http://www.gothamgazette.com/article/transportation/20070508/16/2162. SFCTA: Mobility, Access and Pricing Study: Briefing Book. May 2007. SFTEP: Transit Effectiveness Project: Briefing Binder, San Francisco Municipal Transportation Authority, July 2006. Simon, Stephanie. 2006. "While Washington Dithers, Fargo Leaps Into The Breach." Los Angeles Times, December 24th. SPUR. 2007. "High Speed Rail Essential To Keep California on Track; Trains Offer Best Bet for Fast, Clean Transport As State Grows." Newsletter, June. SPUR. 2005. "Reversing Muni's Downward Sprial: Muni Can Avoid a Financial Meltdown, But It Has To Get Better, Faster, and More Productive." September 1st. SPUR. 2006. "Muni's Billion Dollar Problem: To Become the Transit System That San Francisco Needs, Muni Needs More Revenue." January 18th. Stern, Nicholas, Cabinet Office - HM Treasury. 2006. "Climate Change Fight Cannot Wait." BBC News, October 31st. Stern, Nicholas, Cabinet Office - HM Treasury. The Economics of Climate Change: The Stern Review. Cambridge, England: Cambridge University Press, 2007. www.hm-treasury.gov.uk/independent reviews Sweet, William. Kicking the Carbon Habit. New York: Colombia University Press, 2006. United Nations Intergovernmental Panel on Climate Change. February 2, 2007. First phase of five-year report, 1600 pages. www.ipcc-wg2.org United States Census Bureau: Countries Ranked by Population. Energy Information Administration: World Carbon Dioxide Emissions from the Consumption and Flaring of Fossil Fuels, 1992-2001, Countries Ranked by Population: 2001. www.census.gov/prod/2001pubs/c2kbr01-4.pdf U.S. Department of Energy - Energy Efficiency and Renewable Energy. EERE State Partnerships and Activities. 2006. "California Governor Schwarzenegger Approves Greenhouse Gas Law." October 4th. Urban Environmental Accords, Document Signed by Mayors of Cities Around the World on United Nations Day 2005. http://www.urbanaccords.org/pdf/Accords.pdf Western Public Utility Commissions' Joint Action Framework on Climate Change, December 1, 2006, CA PUC, WA Util. & Trans. Comm., OR PUC, NM Public Regulations Comm. www.cpuc.ca.gov/eeworkshop/JAFoCC.htm Young, Eric. 2006. "Transit Chiefs Threaten a Tax on Downtown." San Francisco Business Times, May 5th.
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R8: Francisco may not sell prepared food in disposable food service ware that contains polystyrene foam, but must instead use an affordable alternative biodegradable, compostible or recyclable product, unless there is no suitable product available. This includes restaurants, City facilities, shops, grocery stores (does not include raw meats or fish). Violation invokes monetary penalties.
Additional Recommendations 1

Not linked to specific findings.

R25-30: year life span of the system, the home owner will save - based on current electrical rates and a conservative estimate of a six percent annual inflation rate for future costs -- about $60,000 in electricity. After subtracting the system's cost, the bottom line is $40,000 in savings." In the meantime, solar energy development is rapidly improving. New technology is now being created to utilize a solar conductive film, little more than conductive saran wrap, that can be used in many more applications than current solar panels. It is anticipated that in the future an entire house or car can be wrapped in the film which will then provide electricity to batteries. We can expect greatly increased efficiencies from solar technology. (NASA 2005) If, in the not too distant future, plug-in vehicles become available at reasonable prices to the average homeowner, solar home energy will become even more cost effective. The homeowner with rooftop solar energy, who also owns a plug-in automobile, could take advantage of the combination of his own free and clean solar energy, along with off-peak PG&E or the City's own Community Choice Aggregation, to power his home and car. While we cannot predict the future -- new products are streaming into the marketplace, from solar collectors which are also roofing tiles, to backpacks which recharge i-pods - it is clear that this new technology will not languish. Bay Area businesses and organizations have the expertise to provide incentives and technical help to further promote acceleration of solar installations in the City. The Business Council on Climate change (BC3), an external advisory group working with San Francisco and other cities, 39 As early as Fall of 2007, residents can click on www.SolarSF.org to find their electricity-producing potential. 40 http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/04/21/HOGAQPAJBS1.DTL&ty is a group of businesses committed to climate leadership, currently with more than 42 member companies. Finding D2a. Solar power in the City will provide a significant benefit in the long term in both cost savings for users as well as reducing reliance on fossil fuels for generating electricity. Finding D2b. Solar power in the City is easy to acquire. Installation is subsidized and it should be an attractive proposition for users of energy with suitable rooftops. Finding D2c. The Department of Environment is helping San Franciscans to determine which rooftops are most suitable for solar panels. Finding D2d. The short term cost of purchasing solar panels and junction boxes, reinforcing roofs, rewiring, and bringing the remainder of electrical systems into code compliance may be a significant cost burden to the majority of residential and commercial building owners. Financial incentives such as subsidies, tax credits and low cost loans might be required. Finding D2e. Consumers would be more likely to invest in solar if it is financially a better alternative. Requiring PG&E to reimburse for all excess solar energy returned to the grid would add to the attractiveness of investing in solar rooftop panels. Finding D2f. Solar rooftop panels will be an even better proposition for homeowners with plug-in vehicles. As time goes on, such consumers will gradually approach an emissions- free life style. Finding D2g. Solar power projects generate business for local firms that provide energy equipment and services and will create new jobs centered around green power. Recommendation D2a. The Department of Environment, with the cooperation of the Mayor, Board of Supervisors, and Departments of Planning and Building Inspection, should explore more ways to create incentives for City residents and businesses with rooftops suitable for solar panels to act early to invest in these projects, considering financial incentives such as subsidies, rebates, property tax reduction, or low-cost loans. Recommendation D2b. The San Francisco State Legislation Committee should lobby the California Public Utilities Commission and the State Legislature for regulations allowing homeowners and businesses to be compensated for all solar energy being returned to the grid. Recommendation D2c. The Department of Environment should keep consumers informed of technological advances in solar technology. Recommendation D2d. The Departments of Environment, Planning and Building Inspection should catalogue and publicize financing options for solar installations for residential consumers. Recommendation D2e. The Department of Environment should partner with San Francisco Community College to establish training and certification programs for professional solar installers and for customer self-installations. Recommendation D2f. The Departments of Environment, Planning and Building Inspection should work with business groups such as BC3, as well as hotel associations and local non-profit organizations to promote solar installations through community education, outreach and training. The Office of the Mayor, Responses required from The Planning Department, The Department of Building Inspection, San Francisco Community College, The S.F. State Legislation Committee, The Department of Environment (60 days). The Board of Supervisors (90 days). SOLID WASTE Ε. To address the San Francisco Climate Action Plan goal of increasing residential, commercial and municipal recycling and at the same time promoting source reduction. The world's economic engine has promoted consumerism in order to promote growth -- in income, jobs and quality of life. Our discarded waste, unhappily, is overwhelming the capacity of our landfills, and plastic detritus threatens marine life as well. There is an upstream cost of producing these oil-based commodities, contributing to the load of greenhouse gases which bodes ill for our future. In a San Francisco Chronicle article dated 2/18/07 and entitled, "The Real Cost of Bottled Water," the Director of the San Francisco Department of Environment and the General Manager of the San Francisco Public Utilities Commission write that "San Franciscans and other Bay Area residents enjoy some of the nation's highest quality drinking water, with pristine Sierra snowmelt from the Hetch Hetchy reservoir as our primary source . . . and the federal standards for tap water are higher than those for bottled water." Bottled water leaves behind millions of plastic bottles to be recycled, or possibly to end up in our waste stream, not to mention the upstream energy resources used for manufacture and transport. San Francisco is at the forefront in attempts to reduce the use of plastic in the City, as well as recycling paper, glass, metals and compostable green waste. The new law restricting plastic bags will require supermarkets and large drug stores to offer customers only bags made of recyclable paper, "bio-plastic" (materials that can be turned into compost), sturdy cloth, or plastic that can be reused. Polystyrene take-out containers can no longer be provided by restaurants, shops or grocery stores; compostable alternatives are available (S.F. Department of Environment 2007). Finding E1. Although California has a surcharge on purchases of plastic bottles and aluminum drink cans and some percent of cans and bottles are recycled every year, there is still much plastic, recyclable and non-recyclable, that ends up in landfills. NorCal Scavenger Services performs a good job of recycling metal cans and some plastics. Other plastic products do not meet requirements for recycling and are not accepted. These, along with some that could be recycled but are not segregated by the user, end up in landfills. Recommendation E1. San Francisco businesses, residents and City departments should be encouraged through stepped-up educational programs by the Department of Environment to decrease their purchase and use of plastic goods and to increase recycling. Responses required from The Department of Environment (60 days). REQUIRED RESPONSES BY DEPARTMENT В В В В В В В В В С С С С A С С С D D Ε 3 5 5 DEPARTMENT 2 4 6 7 8 9 2 3 6 7 1 1 1 4 1 2 1 Board of Supervisors X X X X X X X Central Shops X DBI X X X X X X X Environment X X X X X \mathbf{X} \mathbf{X} X X X X X X X X X X X X X GSA X X Health X LAFCO X Mayor X X X X \mathbf{X} X X MTA X X X X X X Muni X X Parking and Traffic X X Parking Authority X Planning X X X X X X \tilde{\mathbf{X}} X Port X Public Works X SFCC \mathbf{X} SFFD X SFO X SFPUC X SFUSD X State Legislation X X X Taxi Commission X page page General A1 8 C1 Municipal Energy Use 24 Transit First Policy 9 C2 B1 Municipal Building Standards 25 Muni Fleet C3 Commercial & Residential Bldgs. B2 11 26 12 B3 Muni Funding C4 28 Energy Watch 15 C5 B4 Muni Speed Commercial Building Standards 28 B5 Commuter Options 16 C6 Energy Tax 29 Private Vehicles 18 C7 B6 RECO 30 19 30 В7 Plug-in Vehicles D1 Community Choice Aggregation В8 Taxis 21 D2 Solar Rooftops V. INVESTIGATIVE PROCEDURE The San Francisco Civil Grand Jury interviewed staff from: San Francisco Department of the Environment San Francisco County Transportation Authority (CTA) ٠ San Francisco Public Utilities Commission (PUC) • San Francisco Planning Department ٠ San Francisco Department of Parking & Traffic (DPT) • San Francisco Board of Supervisors Pacific Gas & Electric (PG&E) The Civil Grand Jury reviewed or consulted the following documents (see Bibliography) Sustainability Plan for the City of San Francisco (1996) United Nations Intergovernmental Panel on Climate Change report (IPCC 2007) San Francisco Climate Action Plan (Climate Action Plan, 2004) ٠ The Transit Effectiveness Briefing Binder for San Francisco (SFTEP, 2006) ٠ U.S. Census Bureau: Countries Ranked by Population (on eCO2 emissions) (2001) Progress Incorporating Climate Change into Mgmt. of California Water Resources (2006) Short Range Transit Plan for San Francisco Municipal Railway 2006-2025 (2001) Municipal Transportation Agency (MTA) FY2007 Proposed Budget (2006) San Francisco County Transportation Authority, Mobility, Access & Pricing Study (2007) • San Francisco Environmental Code (2003-2007) • Our Changing Climate, Assessing the Risks to California; A Summary Report from the California Climate Change Center (2006) Western Public Utilities Commission Joint Action Framework on Climate Change (2006) Understanding and Responding to Climate Change; National Academies Reports (2005) • Numerous published peer-reviewed Scientific articles Numerous news articles in local and national newspapers and the Internet The Civil Grand Jury read the following books: Earth in the Balance (1992) by Al Gore ٠ An Inconvenient Truth (2006) by Al Gore • The Weather makers (2005) by Tim Flannery Field Notes from a Catastrophe (2006) by Elizabeth Kolbert The Coming Storm (2001) by Bob Reiss Kicking the Carbon Habit (2006) by William Sweet Plug-in Hybrids: The Cars That Will Recharge America (2006) by Sherry Boschert The Civil Grand Jury attended scientific meetings in San Francisco on Global Warming American Geophysical Union (AGU, Dec 2006) American Association for the Advancement of Science (AAAS, Feb 2007) Water Utility Climate Change Summit 2007, San Francisco Math Sciences Research Inst. (MSRI, April 2007) "From Global Predictions to Local Action" State Bar of California, Bar Assoc of SF, "Domestic Response to Global Climate Change" • VI. TABLES Tables 1-2. The eCO2 reduction goals envisioned by the San Francisco Climate Action Plan, in thousand metric tons per year for: Transportation (top) and Energy Efficiency (bottom) Table 1: Transportation Estimated eCO_2 reduction Transportation Action Categories in 1,000 tons/year A. Increase the Use of Public Transit as an Alternative to Driving 87 B. Increase the Use of Ridesharing as an Alternative to Single 42 Occupancy Driving C. Increase Bicycling and Walking as an Alternative to Driving 10 D. Support Trip Reduction Through Employer-Based Programs 28 E. Discourage Driving 155 F. Increase the Use of Clean Air Vehicles and Improve Fleet Efficiency 641 Total 963 Table 2: Energy Efficiency Estimated eCO_2 reduction Energy Efficiency Action Categories in 1,000 tons/year A. Increase Incentives, Direct Installation and Technical Assistance Residential Buildings 222 Commercial Buildings Tables 3-4. The eCO2 reduction goals envisioned by the San Francisco Climate Action Plan, in thousand metric tons per year for: Renewable Sources (top) and Solid Waste (bottom) Table 3: Renewable Sources Estimated eCO_2 reduction Renewable Sources Action Categories in 1,000 tons/year A. Develop Renewable Energy Projects Solar Energy 35 239 Wind Energy Biomass Energy 44 B. Conduct Pilot Projects for Emerging Technologies C. Support and Develop Green Power Purchasing 230 Total 548 Table 4: Solid Waste Estimated eCO_2 reduction Solid Waste Action Categories in 1,000 tons/year A. Increase Residential Recycling and Composting 70 B. Increase Commercial Recycling and Composting Table 5 SFPUC Energy Efficiency Projects completed San Francisco General Hospital -- Lighting In 13 buildings at SFGH Medical Center, install energy efficient lighting. San Francisco Housing Authority, housing 2000 energy-efficient refrigerators developments Energy efficient lighting at 17 facilities. Department of Public Health -- Clinics Rec. & Park Department energy efficiency Golden Gate Park (lighting) Lighting efficiency at DPW Corporation Yard 2323 Cesar Chavez DPW/BBR shop and administrative offices. Install energy efficient fluorescent lighting. West Portal Library Moscone Center West -- Expansion Energy efficiency LED traffic signals retrofit City-wide traffic signals Moscone Convention Center -- ECM Lighting retrofit and control modification Lighting. Does not include St. Mary's Square. DPT Garages DPH Clinics Energy Controls Install energy management controls at 9 clinics Design and install energy efficient mixers at Waste Water Aeration Basin Mixer Efficiency Southeast Waste Treatment Plant 190 9th St Library Administration Building EMS Energy management system upgrade to newly renovated administration building. SFGH Chiller replacement Chiller (natural gas savings) Total annual emissions reduction from these projects is expected to be 10,904 tons eCO2,, about one quarter of the 45,000 ton goal for Municipal Buildings by year 2012 (Table 2). VII. APPENDICES Appendix #1. Sea Levels The following statistics on sea levels corresponding to levels of atmospheric CO2 and temperature are from Section 2 of "The Threat to the Planet," an article by Jim Hansen, 41 Director of the NASA Goddard Institute for Space Studies and Adjunct Professor of Earth and Environmental Sciences at Columbia University's Earth Institute. (Hansen 2006) The level of the sea around the globe is a reflection primarily of changes in the volume of ice sheets and thus of changes in global temperature. When the planet cools, (called glacial periods), ice sheets grow on continents and the sea level falls. When the Earth warms (called interglacial periods), ice melts and the sea level rises. By drilling into glaciers to analyze air bubbles trapped under layers of snow, scientists can measure the levels of each gas in the atmosphere hundreds of thousands of years ago. By comparing the concentrations of different isotopes of oxygen in these air bubbles, they have measured the average levels of CO2 and temperature over 420,000 years. Figure 1, next page, from Vostok, Antarctica ice cores, shows CO2 and temperature rising and falling together over periods of roughly 100,000 years. (from of Elizabeth Kolbert's 2006 book) During the coldest ice ages measured, atmospheric CO2 descended to lows of 200 parts per million, while Earth's average temperature was about ten degrees Fahrenheit colder than today, and the sea level was 400 feet lower. The warmest interglacial periods were about two degrees warmer than today and the sea level as much as sixteen feet higher. During this 420,000 year period, atmospheric CO2 reached a maximum of 299 parts per million around 325,000 years ago. Measurements of CO2 from 1958 onward, made at Mauna Loa, Hawaii, are known as the Keeling Curve (see Figure 2). The saw tooth effect results from the seasonal changes in northern forests, but the inexorable rise is due to the burning of fossil fuels (Flannery 2006, p. 25). Since the start of the industrial revolution, the level of CO2 in the atmosphere has risen from 280 parts per million to the present 380, and with a business-as-usual scenario is expected to exceed 500 by the end of the century because of release of carbon into the atmosphere by humans. This would result in an increase of about five degrees of global warming during this century, the warmest the earth has been in three million years. Figure 3 shows trends in the average surface temperature of Earth from 1860 to 2000 AD (top) and from 1000 to 2000 AD (bottom), taken from the Report of the Intergovernmental Panel on Climate Change Working Group One, showing a steady rise since the beginning of the industrial revolution. The last time that the Earth was five degrees warmer than today was three million years ago, well outside of this measured time period, when sea level was about eighty feet higher. Jim Hansen is no relation to members of the CGJ. 2100 AD (projected) [ (parts per million) Atmospheric CO, 2005 AD 390 368 330 1750 AD 302 270 240 210 180 4 Anomalies (°C) Temperature -2 4 −ũ -10 --12 - 100 200 ō 200 400 Age (thousands of years before present) Figure 1. The record from the Vostok core shows that Atmospheric CO2 levels and temperature have varied in tandem over hundreds of thousands of years, with very long periods of heating and cooling. But starting with the Industrial Revolution, the CO2 rises very abruptly (1750 to 2005 AD) and is expected to continue rising, and with it a corresponding increase in the earth's temperature. Figure from Kolbert, crediting Petit et al (1999). 390 385 380 WWW. CO2 Concentration (PPM) 370 365 350 355 350 345 340 335 330 325 320 315 310 1958 60 62 64 66 68 70 72 74 76 78 80 82 84 86 88 90 92 94 96 98 00 92 94 Year Figure 2. The Keeling Curve measuring atmospheric CO₂ levels atop Mauna Loa, Hawaii, from 1958 to the present. These measurements provide a detailed, expanded, look at the recent abrupt rise in CO2 shown in Figure 1. The annual variation is due to sequestration of CO2 during summer months when the northern hemisphere is green. Figure taken from "Progress on Incorporating Climate Change into Management of California's Water Resources," July 2006, CA Dept. of Water Resources. Variations of the Earth's surface temperature for: (a) the past 140 years 0.8 GLOBAL Department in Comparature (*C)

Findings and recommendations not yet extracted.

Findings & Recommendations 18 findings
F1: is a major enterprise which engages in numerous and major undertakings, many involving risks with significant loss exposure.
F2: The City should have a sophisticated risk management program comparable to what would be found in a private sector business with similar assets, revenue, and risk exposure.
Related Recommendations (1)
R1: The City should create a risk management program that conforms to best business practices, is highly developed, embraces technology-based risk management tools, and is applicable to all City departments. The Office of the Mayor Responses required from The Office of the Controller The Office of Risk Management The City Administrator (60 days) The Board of Supervisors (90 days) 13 "Pulling" refers to removing the driver from his driving assignment.
F3: The Office of Risk Management, with its inadequate staffing and apparent limited status within City government, is performing as well as it is able under the current circumstances.
F4: The Office of Risk Management, as it is now configured, is so inadequate that it cannot begin to provide the level of risk management leadership needed by the departments.
F5: If it is to take the lead in developing and implementing a citywide risk management program, The Office of Risk Management must have a highly skilled and well qualified staff. > Recommendation 2: The creation of a risk management program must include an assessment of current risk management staff and a determination of what else is needed for the successful launch of a citywide risk management program. The City Administrator Responses required from The Office of Risk Management (60 days) City operations are decentralized, which means that risk management
F6: programs are not citywide and not centralized within the Office of Risk Management. > Recommendation 3: The Office of Risk Management must have the authority necessary to implement a citywide risk management program. The Office of the Mayor Responses required from The City Administrator (60 days) The Board of Supervisors (90 days) There is tension and lack of cooperation between the Office of the City
F7: Attorney and the Office of Risk Management. The current state is counter-productive to the promotion of risk management at the department level. The continuance of a "silo mentality" will inhibit the success of future efforts to create a centralized, citywide risk management program. > Recommendation 4: The Mayor and the City Attorney should exercise their authority and leadership to insure cooperation between the staff of the Office of the City Attorney and the Office of Risk Management. The Office of the Mayor Responses required from The City Administrator The Office of the City Attorney (60 days)
F8: With rare exception, it is the policy of the City to be self-insured, to neither purchase excess insurance nor participate in insurance pooling programs such as those sponsored by the California State Association of Counties.
F9: The Civil Grand Jury is unaware of any analysis supporting the financial soundness of the City's policy regarding its insurance program.
F10: There is insufficient data to determine whether the City's policy of self- insurance is economically sound.
Related Recommendations (2)
R6: The City should engage a consultant to review its current insurance program to determine whether the current plan of self insurance remains the most cost-effective plan of insurance, whether the City would benefit from the inclusion of other insurance such as excess insurance or insurance polices with a high self insured retention. The Office of the Controller Responses required from The Office of Risk Management The City Administrator (60 days) The Board of Supervisors (90 days) > Recommendation 7: The Office of Risk Management should be directed to request insurance quotes for standard commercial coverage for the City. Responses required from The City Administrator The Office of Risk Management (60 days)
R9: In insuring against the liability risks of City-owned ➣ vehicles, the City should explore and compare the financial advantages of an insurance program consisting of (1) a commercial insurance package (2) self-insurance, or (3) a combination of self and commercial insurance. The City Administrator Responses required from The Office of Risk Management The Office of the Controller (60 days) The Board of Supervisors (90 days)
F11: The most frequent and costly claims involve City-owned vehicles, with the highest incidence of occurrence in the San Francisco Police Department, the Department of Public Works, and SFMTA (the Municipal Railway and Parking and Traffic). Although two reports have addressed claims arising out of City-owned
F12: vehicles, the recommendations contained in the reports have been largely ignored and not implemented.
Related Recommendations (1)
R8: The October 15, 1999, "Judgment and Claims Report" from the Office of the Legislative Analyst, and the March 2001 "Review of Claims, Settlements, and Litigation Data for City Departments" from the Budget Analyst for the Board of Supervisors should be reviewed and the recommendations contained therein implemented. The Office of the Mayor Responses required from The Office of Risk Management The City Administrator (60 days) The Board of Supervisors (90 days)
F13: The City's policy is to fund settlements and judgments from the General Fund. This means that funds which could be spent on other programs are used to settle liabilities incurred as the result of the alleged negligence or wrongdoing of City departments. The 1999 and 2001 reports each recommended that the City consider
F14: holding departments financially accountable for their losses. As of the date of this report, settlements do not have a negative impact on a department's operating budget or the career status of department heads. With the lack of consequences at the department level, the current system is virtually a "Get Out of Jail Free" card for department heads.
Related Recommendations (1)
R10: The City should hold Heads of departments ➣ accountable for losses arising out of their respective departments. The Office of the Mayor Responses required from San Francisco Municipal Transportation Agency San Francisco Police Department San Francisco Department of Public Works (60 days) The Board of Supervisors (90 days)
F15: The City Attorney manages the City's claims and defends the City in litigated cases. Citing strategic considerations, the City Attorney withholds information the departments need to conduct critical incident analysis. Responses required from The Office of the City Attorney (60 days) Citing legal privileges, the City Attorney has not provided a detailed
F16: accounting of the City's loss history for the purpose of evaluating the City's insurance and risk management programs.
Related Recommendations (2)
R5: The Office of the City Attorney should produce a standard loss run detailing the City's loss history which is acceptable to insurance company underwriters. The Office of the City Attorney Responses required from The Office of Risk Management (60 days)
R11: The City Attorney should produce a standard loss run constituting the City's history of loss and should make it available to the Office of Risk Management. Responses required from The Office of the City Attorney The Office of Risk Management The City Administrator (60 days)
F17: The City's self-insurance program combined with the total dominance of the City Attorney in the management of claims and litigation and the City's internal structure for both the approval and funding of settlements creates an incestuous system, not subject to best business practices of accountability, outside public scrutiny or evaluation. The Office of the City Attorney Responses required from The Office of the Controller The City Administrator (60 days) The Board of Supervisors (90 days)
F18: The administration of the Asian Art Museum is not an active participant in the process of obtaining insurance coverage for its collection and has no way of evaluating the adequacy of its coverage.
Related Recommendations (1)
R12: The Risk Management Office should consult with Museum administration during the renewal process, provide the Museum with a copy of its policy, and explain key policy terms. The Risk Management Office Responses required from The Asian Art Museum (60 days) IX. CHART OF REQUIRED RESPONSES 5 7 8 9 RECOMMENDATIONS: 2 3 4 6 10 11 12 1 Requires Response within 90 days: Board of Supervisors X \mathbf{X} \mathbf{X} X \mathbf{X} \mathbf{X} Requires Response within 60 days: The Mayor X \mathbf{X} \mathbf{X} \mathbf{X} \mathbf{X} City Administrator X X X X X X X X X Office of Risk Management X X X X \mathbf{X} \mathbf{X} X \mathbf{X} \mathbf{X} X City Attorney X \mathbf{X} Office of the Controller X X X Department of Public Works \mathbf{X} Municipal Transportation Agency \mathbf{X} Police Department X Asian Art Museum X - . Ι... X. GLOSSARY Adjuster14 - A representative of the insurer who seeks to determine the extent of the insurer's liability for loss when a claim is submitted. Aggregate Limit - Usually refers to liability insurance and indicates the amount of coverage that the insured has under the contract for a specific period of time, usually the contract period, no matter how many separate accidents might occur. Broker - Insurance salesperson that searches the marketplace in the interest of clients, not insurance companies. Casualty - Liability or loss resulting from an accident. Casualty Insurance - That type of insurance that is primarily concerned with losses caused by injuries to persons and legal liability imposed upon the insured for such injury or for damage to property of others. It also includes such diverse forms as plate glass, insurance against crime, such as robbery, burglary and forgery, boiler and machinery insurance and Aviation insurance. Many casualty companies also write surety business. CSAC-EIA: The California State Association of Counties (CSAC)15 formed the Excess Insurance Authority (EIA) as a Joint Powers Agency in 1979 to serve the insurance and risk management needs of California counties. CSAC believes that the EIA program has greatly reduced the cost of excess insurance for participating counties. CSAC Excess Insurance Authority offers several insurance programs to California Counties. Of interest in the liability area are: excess liability for large counties with SIR of $1 million or greater and limits of $10 million; excess workers' compensation; and, medical malpractice for county hospitals, county mental health and public health. EIA also offers all risk property damage programs, including earthquake coverage and excess workers' compensation. Terms in bold are quoted from the Best Insurance Resources http://www.ambest.com/resource/glossary.html#E 14The primary purpose of CSAC is to represent county government before the California Legislature, administrative agencies and the federal government. CSAC places a strong emphasis on educating the public about the value and need for county programs and services. CSAC website: www.csac.counties.org 16 Membership in the EIA is open to all CSAC member counties. Most of the counties in California are members of the EIA. The EIA has dramatically reduced member county excess insurance costs by using the combined purchasing power created by the group. Non-member counties have also benefited from the competitive role that the EIA has assumed in the public sector insurance marketplace. The EIA is governed by a board of directors comprised of one representative from each member county. The EIA is accredited by the California Association of Joint Powers Authorities and recognized as a highly successful and effective organization. CSAC website:www.csac.counties.org \Pi X.
Additional Recommendations 11

Not linked to specific findings.

R1: "San Francisco Club Closing after shooting: City will consider suspending permit of Boondock Bay" by Jaxon Van Derbeken, San Francisco Chronicle, 5/1/07, p. B-3. "Fury over Sound" by Steven T. Jones, San Francisco Bay Guardian Online, 5/26/07. "Local Club Six not deep-sixed—yet" by Adam Martin, San Francisco Examiner, 6-7-07. Entertainment Commission: Administrative Code, Chapter 90
R2: Employees of the establishment shall be posted at all the entrances and exits to the establishment during the period from 10:00 p.m. to such time past closing that all patrons have left the premises. These employees shall insure that patrons walting to enter the establishment and those exiting in the premises are urged to respect the quiet and cleanliness of the neighborhood as they walk to their parked vehicle or otherwise leave the area; and
R3: Employees of the establishment shall walk a 100-foot radius from the premises some time between 30 minutes after closing time and 8:00 a.m. the following morning, and shall pick up and dispose of any discarded beverage containers and other trash left by area nighttime entertainment patrons; and
R4: Sufficient toilet facilities shall be made accessible to patrons within the premises, and toilet facilities shall be made accessible to prospective patrons who may be lined up waiting to enter the establishment; and
R5: The establishment shall provide outside lighting in a manner than would illuminate outside street and sidewalk areas and adjacent parking, as appropriate; and
R6: The establishment shall provide adequate parking for patrons that would encourage use of parking by establishment patrons. Adequate signage shall be well-lit and prominently displayed to advertise the availability and location of such parking resources for establishment patrons; and
R7: The establishment shall provide adequate ventilation within the structures such that doors and/or windows are not left open for such purposes resulting in noise emission from the premises; and There shall be no noise audible outside the establishment during the daytime or
R8: nighttime hours that violates the San Francisco Municipal Code Section 49 or 2900 et. seq. Further, absolutely no sound from the establishment shall be Ĩ XIII Entertainment Commission Good Neighbor Policy audible inside any surrounding residences or businesses that violates (San Francisco Police code) section 2900.
R9: The establishment shall implement other conditions and/or management practices necessary to insure that management and/or patrons of the establishments maintain the quiet, safety, and cleanliness of the premises and the vicinity of the use, and do not block driveways of neighboring residents or businesses.
R10: Permit holder shall take all reasonable measures to insure the sidewalks adjacent to the premises are not blocked or unnecessarily affected by patrons or employees due to the operations of the premises and shall provide security whenever patrons gather outdoors.
R11: Permit holder shall provide a cell phone number to all interested neighbors that will be answered at all times by a manager or other responsible person who has the authority to adjust volume and respond to other complaints whenever entertainment is provided. Adopted by the Entertainment Commission on November 16, 2004 П IX

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