BILL NUMBER: AB 994	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 27, 2009

   An act to  amend Section 905.1 of the Government Code,
relating to government liability   add Section 40512 to
the Public Resources Code, relating to buildings  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 994, as amended, Fong.  Government tort claims: inverse
condemnation.   Buildings: Integrated Waste Management
Board.  
   Under the California Integrated Waste Management Act, the
Integrated Waste management Board is responsible for carrying out the
act to reduce, recycle, and reuse solid waste generated in the state
to the maximum extent feasible in an efficient and cost-effective
manner.  
   This bill would require the board to identify policy changes that
may accelerate adoption of high performance building practices, as
well as create educational training centers in state government and
higher education facilities. This bill would provide that the board
is required to carry out these provisions to the extent that funding
is obtained from local, federal, public, or other nonstate sources.
 
   Existing law bars a suit for money or damages against a public
entity on a cause of action for which a claim is required to be
presented, until a written claim therefor has been presented to the
public entity and acted upon by the Victim Compensation and
Government Claims Board, the governing body of a local public entity,
or the judicial council, as applicable, or has been deemed to have
been rejected, except as specified. No claim is required to be filed
to maintain an action against a public entity for the taking of, or
damage to, private property pursuant to eminent domain. 

   This bill would make technical, nonsubstantive changes to the
latter provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 40512 is added to the 
 Public Resources Code   , to read:  
   40512.  (a) This section shall be known as the Smart Building
Educational and Career Training Center Act and is intended to assist
in developing technology-enabled smart buildings.
   (b) The board shall identify policy changes that may accelerate
adoption of high performance building practices, as well as create
educational training centers in state government and higher education
facilities.
   (c) It is the policy of the state to, as far as feasible, expand
the smart building concept to the construction of public and private
institutions, including, but not limited to, universities, hospitals,
community centers, and correctional facilities.
   (d) The board shall carry out this section only to the extent that
sufficient funding, as determined by the Department of Finance, is
obtained from local, federal, public, or other nonstate sources in
order to implement the program.  
  SECTION 1.    Section 905.1 of the Government Code
is amended to read:
   905.1.  No claim is required to be filed to maintain an action
against a public entity for the taking of, or damage to, private
property pursuant to Section 19 of Article I of the California
Constitution.
   However, the board shall, in accordance with the provisions of
this part, process any claim that is filed against a public entity
for the taking of, or damage to, private property pursuant to Section
19 of Article I of the California Constitution.