CA Pub Res Code § 21189.70.2 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 13 - ENVIRONMENTAL QUALITY|CHAPTER 6.9 - Old Town Center Redevelopment in the City of San Diego|Section 21189.70.2.

21189.70.2.  A transit and transportation facilities project subject to this chapter shall meet all of the following requirements:(a) Any facility that is a part of the transit and transportation facilities project shall obtain Leadership in Energy and Environmental Design (LEED) gold certification for new construction within one year of the transit and transportation facilities project completion.(b) (1) The project does not result in any net additional emission of greenhouse gases, as determined by the State Air Resources Board pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code. The State Air Resources Board is encouraged to make its determination no later than 120 calendar days after receiving an application for review of the methodology and calculations of the project’s greenhouse gas emissions.(2) The environmental baseline for greenhouse gas emissions shall be established based upon the physical conditions at the project site at the time the notice of preparation for the project-level environmental impact report is published in a manner consistent with Section 15125 of Title 14 of the California Code of Regulations as those regulations existed on January 1, 2020.(3) To maximize public health and environmental benefits, the lead agency shall require measures that will reduce the emissions of greenhouse gases in the project area and in the neighboring communities.(4) Not less than 50 percent of the greenhouse gas emissions reductions necessary to achieve the requirement of this subdivision shall be from local, direct greenhouse gas emissions reduction measures, including, but not limited to, any of the following:(A) Project design features or onsite reduction measures, or both design features and onsite reduction measures, that include, but are not limited to, any of the following:(i) Implementing project design features that enable the project to exceed the building energy efficiency standards set forth in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations, except for 50 percent of emissions reductions attributable to design features necessary to meet the LEED gold certification requirement.(ii) Requiring a transportation demand management program to reduce single-occupancy vehicular travel and vehicle miles traveled.(iii) Providing onsite renewable energy generation, including a solar roof on the project with a minimum peak generation capacity of 500 kilowatts.(iv) Providing solar-ready roofs.(v) Providing cool roofs and cool parking promoting cool surface treatment for new parking facilities.(B) Offsite reduction measures in the neighboring communities, including, but not limited to, any of the following:(i) Providing funding to an offsite mitigation project consisting of replacing buses, trolleys, or other transit vehicles with zero-emission vehicles.(ii) Providing offsite safety or other improvements for bicycles, pedestrians, and transit connections.(iii) Undertaking or funding building retrofits to improve the energy efficiency of existing buildings.(5) (A) The transit and transportation facilities project proponent may obtain offset credits for up to 50 percent of the greenhouse gas emissions reductions necessary to achieve the requirement of this subdivision that produce emissions reductions within the City of San Diego or the boundaries of the San Diego County Air Pollution Control District. Any offset credits shall be verified by a third party accredited by the State Air Resources Board, and shall be undertaken in a manner consistent with Division 25.5 (commencing Section 38500) of the Health and Safety Code, including, but not limited to, the requirement that the offset be real, permanent, quantifiable, verifiable, and enforceable, and shall be undertaken from sources in the same community within which the project is located or adjacent communities.(B) If 50 percent of greenhouse gas emissions reductions necessary to achieve no additional emissions of greenhouse gases cannot be feasibly and fully mitigated by offset credits as described in subparagraph (A), the mitigation of the remaining emissions of greenhouse gases shall be achieved pursuant to the following priority:(i) Offset credits that would also reduce the emissions of criteria air pollutants or toxic air contaminants. The offsets shall be undertaken in a manner consistent with Division 25.5 (commencing with Section 38500) of the Health and Safety Code, including, but not limited to, the requirement that the offsets be real, permanent, quantifiable, verifiable, and enforceable, and shall be undertaken from sources in the community within which the project is located or in adjacent communities.(ii) If the remaining emissions of greenhouse gases cannot be feasibly and fully mitigated by the offset credits described in clause (i), the remaining unmitigated greenhouse gas emissions shall be mitigated through the use of offsets that would also reduce the emissions of criteria air pollutants or toxic air contaminants and shall be undertaken in a manner consistent with clause (i) and shall be undertaken from sources that provide a specific, quantifiable, and direct environmental and public health benefit to the community in which the project is located.(6) It is the intent of the Legislature, in enacting this subdivision, to maximize the environmental and public health benefits from measures to mitigate the emissions of greenhouse gases of a transit and transportation facilities project to those people that are impacted most by the project.(c) (1) The transit and transportation facilities project has a transportation demand management program and achieves at least 25 percent reduction in vehicle miles traveled as compared to the regional average vehicle miles traveled identified in the sustainable communities strategy or alternative planning strategy applicable at the time of the approval of the transit and transportation facilities project. (2) For purposes of this subdivision, “transportation demand management program” means a specific program of strategies, incentives, and tools to be implemented, including, with specified annual status reporting obligations, to reduce vehicle trips by providing opportunities for the public to choose sustainable travel options, such as transit, bicycle riding, or walking. A specific program of strategies, incentives, and tools includes, but is not limited to, any of the following:(A) Provision of onsite electric vehicle charging stations in excess of applicable requirements.(B) Provision of dedicated parking for car share or zero-emission vehicles, or both types of vehicles, in excess of applicable requirements.(C) Provision of bicycle parking in excess of applicable requirements.(d) The transit and transportation facilities project proponent certifies that the transit and transportation facilities project will comply with Section 21189.70.8.(Added by Stats. 2020, Ch. 291, Sec. 2. (AB 2731) Effective January 1, 2021. Conditionally inoperative January 1, 2025. Repealed on January 1 following inoperative date, pursuant to Section 21189.70.5.)