BILL NUMBER: SB 408	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Padilla

                        FEBRUARY 26, 2009

   An act  relating to state government   to add
Section 21080.25 to the Public Resources Code, relating to the
environment  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 408, as amended, Padilla.  State government: energy
efficiency.   California Environmental Quality Act: LEED
exemption.  
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect. CEQA provides some exemptions from its requirements. 

   This bill also would exempt from CEQA a project that has been
certified as Leadership in Energy and Environmental Design (LEED)
Platinum or higher pursuant to the standards and certifications
adopted by the United States Green Building Council. By imposing new
duties on a lead agency to determine whether that exemption applies,
the bill would impose a state-mandated local program.  
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law requires that new public buildings be models of
energy efficiency and be designed, constructed, and equipped with
energy efficiency measures, materials, and devices, and that existing
buildings be retrofitted to meet specified standards when renovated
or remodeled. In addition, certain executive orders require state
agencies to implement certain energy and resource efficiency
standards in this regard.  
   This bill would express the intent of the Legislature to enact
legislation that promotes standards for high efficiency construction
practices within the state. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 21080.25 is added to the 
 Public Resources Code   , to read:  
   21080.25.  This division does not apply to a project that has been
certified as Leadership in Energy and Environmental Design (LEED)
Platinum or higher pursuant to the standards and certifications
adopted by the United States Green Building Council. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.  
  SECTION 1.    In order to help the state of
California further its goals of water and energy conservation along
with the more efficient use of its existing building resources, it is
the intent of the Legislature to enact legislation that promotes
standards for high efficiency construction practices within the
state. 
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