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Smart Bylaws Guide – San Francisco Precautionary Principle Ordinance

The City of San Francisco adopted a precautionary approach to municipal action in 2003.  The precautionary principle is a method of decision-making that recognizes that when an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically.  The proponent of an activity, rather than the public, should bear the burden of proving that the activity will not unduly cause human or environmental harm.  The application of the Precautionary Principle must involve an examination of the full range of alternatives, including the possibility of no action.

San Francisco is one of the first local governments to apply the Precautionary Principle to municipal action.  The Principle will provide a framework for evaluating municipal policies, projects and bylaws.

The City defines the essential elements of the Precautionary Principle approach to decision-making as:

1. Anticipatory Action: There is a duty to take anticipatory action to prevent harm.  Government, business, and community groups, as well as the general public, share this responsibility.
2. Right to Know: The community has a right to know complete and accurate information on potential human health and environmental impacts associated with the selection of products, services, operations or plans. The burden to supply this information lies with the proponent, not with the general public.
3. Alternatives Assessment: An obligation exists to examine a full range of alternatives and select the alternative with the least potential impact on human health and the environment, including the alternative of doing nothing.
4. Full Cost Accounting: When evaluating potential alternatives, there is a duty to consider all the costs, including raw materials, manufacturing, transportation, use, cleanup, eventual disposal, and health costs even if such costs are not reflected in the initial price. Short- and long-term time thresholds should be considered when making decisions.
5. Participatory Decision Process: Decisions applying the Precautionary Principle must be transparent, participatory, and informed by the best available information.

For More Information

• San Francisco Precautionary Principle Ordinance
• Precautionary Principle Backgrounder (White Paper)
• Precautionary Purchasing Ordinance
• Prospering With Precaution: Employment, Economics and the Precautionary Principle (Frank Ackerman and Rachel Massey - a report demonstrating the precautionary policies create jobs and are good for business)
• Wingspread Statement on the Precautionary Principle