CEQA Reform for Large Projects with Environmental Benefits

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On September 27, 2011, Governor Brown signed AB 900 into law. The bill was intended to streamline CEQA litigation that delays large, job-creating projects that include or implement significant environmental benefits.

The law defines an “Environmental Leadership Development Project” or “Leadership Project” that qualifies for the law’s benefits, as a large development (residential, retail, commercial, entertainment or recreational) to be located on an infill site and certified LEED Silver or better by the U.S. Green Building Council. To qualify, the project must be an infill project, achieve 10% or greater transportation efficiency than comparable projects, a clean renewable energy project or a clean energy manufacturing project. The project applicants initiate the process for qualifying their project by requesting that the Governor certify it as eligible for the streamlining benefits the Act provides.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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