California 2023-2024 Regular Session

California Senate Bill SB416 Latest Draft

Bill / Chaptered Version Filed 10/07/2023

                            Senate Bill No. 416 CHAPTER 395An act to add Section 8316 to the Government Code, relating to greenhouse gases.  [ Approved by  Governor  October 07, 2023.  Filed with  Secretary of State  October 07, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 416, Laird. State agencies: building and renovation projects: LEED certification. Existing law, the State Contract Act, governs the bidding and award of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost. Existing law, the California Global Warming Solutions Act of 2006, designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases and requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions.This bill would require all new building and major renovation projects larger than 10,000 gross square feet undertaken by state agencies, and for which the project schematic design documents are initiated by the state agency on or after January 1, 2024, to obtain the Leadership in Energy and Environmental Design or LEED Gold or higher certification, except as provided. The bill would instead require the state agency to obtain LEED Silver certification if the state agency concerned makes a finding that achieving LEED Gold conflicts with critical operational or security requirements, is demonstrably cost ineffective, or conflicts with California Building Code requirements. The bill would authorize certification to an alternative equivalent or higher rating system or standard, if any, only when approved by the Director of General Services.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8316 is added to the Government Code, to read:8316. (a) (1) Except as provided in paragraph (2), all new building and major renovation projects larger than 10,000 gross square feet undertaken by state agencies shall obtain LEED Gold or higher certification using the version of LEED that is in effect at the time the project schematic design documents are initiated by the state agency. Certification to an alternative equivalent or higher rating system or standard, if any, is only acceptable when approved by the Director of General Services.(2) If the state agency concerned makes a finding that achieving LEED Gold conflicts with critical operational or security requirements, can be demonstrated to be cost ineffective, or conflicts with requirements in the California Building Code, the state agency shall instead obtain LEED Silver certification using the version of LEED that is in effect at the time the project schematic design documents are initiated by the state agency.(b) This section applies to projects for which the project schematic design documents are initiated by the state agency on or after January 1, 2024.(c) For purposes of this section:(1) LEED means the Leadership in Energy and Environmental Design building certification program under the auspices of the United States Green Building Council.(2) Major renovation is a renovation of a structure in which most of the major building systems are either replaced or upgraded.(3) State agency does not include a district agricultural association as described in Part 3 (commencing with Section 3801) of Division 3 of the Food and Agricultural Code.

 Senate Bill No. 416 CHAPTER 395An act to add Section 8316 to the Government Code, relating to greenhouse gases.  [ Approved by  Governor  October 07, 2023.  Filed with  Secretary of State  October 07, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 416, Laird. State agencies: building and renovation projects: LEED certification. Existing law, the State Contract Act, governs the bidding and award of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost. Existing law, the California Global Warming Solutions Act of 2006, designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases and requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions.This bill would require all new building and major renovation projects larger than 10,000 gross square feet undertaken by state agencies, and for which the project schematic design documents are initiated by the state agency on or after January 1, 2024, to obtain the Leadership in Energy and Environmental Design or LEED Gold or higher certification, except as provided. The bill would instead require the state agency to obtain LEED Silver certification if the state agency concerned makes a finding that achieving LEED Gold conflicts with critical operational or security requirements, is demonstrably cost ineffective, or conflicts with California Building Code requirements. The bill would authorize certification to an alternative equivalent or higher rating system or standard, if any, only when approved by the Director of General Services.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Senate Bill No. 416 CHAPTER 395

 Senate Bill No. 416

 CHAPTER 395

An act to add Section 8316 to the Government Code, relating to greenhouse gases. 

 [ Approved by  Governor  October 07, 2023.  Filed with  Secretary of State  October 07, 2023. ] 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 416, Laird. State agencies: building and renovation projects: LEED certification.

 Existing law, the State Contract Act, governs the bidding and award of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost. Existing law, the California Global Warming Solutions Act of 2006, designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases and requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions.This bill would require all new building and major renovation projects larger than 10,000 gross square feet undertaken by state agencies, and for which the project schematic design documents are initiated by the state agency on or after January 1, 2024, to obtain the Leadership in Energy and Environmental Design or LEED Gold or higher certification, except as provided. The bill would instead require the state agency to obtain LEED Silver certification if the state agency concerned makes a finding that achieving LEED Gold conflicts with critical operational or security requirements, is demonstrably cost ineffective, or conflicts with California Building Code requirements. The bill would authorize certification to an alternative equivalent or higher rating system or standard, if any, only when approved by the Director of General Services.

 Existing law, the State Contract Act, governs the bidding and award of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost. Existing law, the California Global Warming Solutions Act of 2006, designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases and requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions.

This bill would require all new building and major renovation projects larger than 10,000 gross square feet undertaken by state agencies, and for which the project schematic design documents are initiated by the state agency on or after January 1, 2024, to obtain the Leadership in Energy and Environmental Design or LEED Gold or higher certification, except as provided. The bill would instead require the state agency to obtain LEED Silver certification if the state agency concerned makes a finding that achieving LEED Gold conflicts with critical operational or security requirements, is demonstrably cost ineffective, or conflicts with California Building Code requirements. The bill would authorize certification to an alternative equivalent or higher rating system or standard, if any, only when approved by the Director of General Services.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 8316 is added to the Government Code, to read:8316. (a) (1) Except as provided in paragraph (2), all new building and major renovation projects larger than 10,000 gross square feet undertaken by state agencies shall obtain LEED Gold or higher certification using the version of LEED that is in effect at the time the project schematic design documents are initiated by the state agency. Certification to an alternative equivalent or higher rating system or standard, if any, is only acceptable when approved by the Director of General Services.(2) If the state agency concerned makes a finding that achieving LEED Gold conflicts with critical operational or security requirements, can be demonstrated to be cost ineffective, or conflicts with requirements in the California Building Code, the state agency shall instead obtain LEED Silver certification using the version of LEED that is in effect at the time the project schematic design documents are initiated by the state agency.(b) This section applies to projects for which the project schematic design documents are initiated by the state agency on or after January 1, 2024.(c) For purposes of this section:(1) LEED means the Leadership in Energy and Environmental Design building certification program under the auspices of the United States Green Building Council.(2) Major renovation is a renovation of a structure in which most of the major building systems are either replaced or upgraded.(3) State agency does not include a district agricultural association as described in Part 3 (commencing with Section 3801) of Division 3 of the Food and Agricultural Code.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 8316 is added to the Government Code, to read:8316. (a) (1) Except as provided in paragraph (2), all new building and major renovation projects larger than 10,000 gross square feet undertaken by state agencies shall obtain LEED Gold or higher certification using the version of LEED that is in effect at the time the project schematic design documents are initiated by the state agency. Certification to an alternative equivalent or higher rating system or standard, if any, is only acceptable when approved by the Director of General Services.(2) If the state agency concerned makes a finding that achieving LEED Gold conflicts with critical operational or security requirements, can be demonstrated to be cost ineffective, or conflicts with requirements in the California Building Code, the state agency shall instead obtain LEED Silver certification using the version of LEED that is in effect at the time the project schematic design documents are initiated by the state agency.(b) This section applies to projects for which the project schematic design documents are initiated by the state agency on or after January 1, 2024.(c) For purposes of this section:(1) LEED means the Leadership in Energy and Environmental Design building certification program under the auspices of the United States Green Building Council.(2) Major renovation is a renovation of a structure in which most of the major building systems are either replaced or upgraded.(3) State agency does not include a district agricultural association as described in Part 3 (commencing with Section 3801) of Division 3 of the Food and Agricultural Code.

SECTION 1. Section 8316 is added to the Government Code, to read:

### SECTION 1.

8316. (a) (1) Except as provided in paragraph (2), all new building and major renovation projects larger than 10,000 gross square feet undertaken by state agencies shall obtain LEED Gold or higher certification using the version of LEED that is in effect at the time the project schematic design documents are initiated by the state agency. Certification to an alternative equivalent or higher rating system or standard, if any, is only acceptable when approved by the Director of General Services.(2) If the state agency concerned makes a finding that achieving LEED Gold conflicts with critical operational or security requirements, can be demonstrated to be cost ineffective, or conflicts with requirements in the California Building Code, the state agency shall instead obtain LEED Silver certification using the version of LEED that is in effect at the time the project schematic design documents are initiated by the state agency.(b) This section applies to projects for which the project schematic design documents are initiated by the state agency on or after January 1, 2024.(c) For purposes of this section:(1) LEED means the Leadership in Energy and Environmental Design building certification program under the auspices of the United States Green Building Council.(2) Major renovation is a renovation of a structure in which most of the major building systems are either replaced or upgraded.(3) State agency does not include a district agricultural association as described in Part 3 (commencing with Section 3801) of Division 3 of the Food and Agricultural Code.

8316. (a) (1) Except as provided in paragraph (2), all new building and major renovation projects larger than 10,000 gross square feet undertaken by state agencies shall obtain LEED Gold or higher certification using the version of LEED that is in effect at the time the project schematic design documents are initiated by the state agency. Certification to an alternative equivalent or higher rating system or standard, if any, is only acceptable when approved by the Director of General Services.(2) If the state agency concerned makes a finding that achieving LEED Gold conflicts with critical operational or security requirements, can be demonstrated to be cost ineffective, or conflicts with requirements in the California Building Code, the state agency shall instead obtain LEED Silver certification using the version of LEED that is in effect at the time the project schematic design documents are initiated by the state agency.(b) This section applies to projects for which the project schematic design documents are initiated by the state agency on or after January 1, 2024.(c) For purposes of this section:(1) LEED means the Leadership in Energy and Environmental Design building certification program under the auspices of the United States Green Building Council.(2) Major renovation is a renovation of a structure in which most of the major building systems are either replaced or upgraded.(3) State agency does not include a district agricultural association as described in Part 3 (commencing with Section 3801) of Division 3 of the Food and Agricultural Code.

8316. (a) (1) Except as provided in paragraph (2), all new building and major renovation projects larger than 10,000 gross square feet undertaken by state agencies shall obtain LEED Gold or higher certification using the version of LEED that is in effect at the time the project schematic design documents are initiated by the state agency. Certification to an alternative equivalent or higher rating system or standard, if any, is only acceptable when approved by the Director of General Services.(2) If the state agency concerned makes a finding that achieving LEED Gold conflicts with critical operational or security requirements, can be demonstrated to be cost ineffective, or conflicts with requirements in the California Building Code, the state agency shall instead obtain LEED Silver certification using the version of LEED that is in effect at the time the project schematic design documents are initiated by the state agency.(b) This section applies to projects for which the project schematic design documents are initiated by the state agency on or after January 1, 2024.(c) For purposes of this section:(1) LEED means the Leadership in Energy and Environmental Design building certification program under the auspices of the United States Green Building Council.(2) Major renovation is a renovation of a structure in which most of the major building systems are either replaced or upgraded.(3) State agency does not include a district agricultural association as described in Part 3 (commencing with Section 3801) of Division 3 of the Food and Agricultural Code.



8316. (a) (1) Except as provided in paragraph (2), all new building and major renovation projects larger than 10,000 gross square feet undertaken by state agencies shall obtain LEED Gold or higher certification using the version of LEED that is in effect at the time the project schematic design documents are initiated by the state agency. Certification to an alternative equivalent or higher rating system or standard, if any, is only acceptable when approved by the Director of General Services.

(2) If the state agency concerned makes a finding that achieving LEED Gold conflicts with critical operational or security requirements, can be demonstrated to be cost ineffective, or conflicts with requirements in the California Building Code, the state agency shall instead obtain LEED Silver certification using the version of LEED that is in effect at the time the project schematic design documents are initiated by the state agency.

(b) This section applies to projects for which the project schematic design documents are initiated by the state agency on or after January 1, 2024.

(c) For purposes of this section:

(1) LEED means the Leadership in Energy and Environmental Design building certification program under the auspices of the United States Green Building Council.

(2) Major renovation is a renovation of a structure in which most of the major building systems are either replaced or upgraded.

(3) State agency does not include a district agricultural association as described in Part 3 (commencing with Section 3801) of Division 3 of the Food and Agricultural Code.