Section § 21178

Explanation

This section emphasizes the importance of the California Environmental Quality Act (CEQA), which requires assessing and mitigating the environmental impacts of development projects. It highlights the significance of public involvement in reviewing and mitigating project impacts.

The law acknowledges upcoming large projects in California that aim to replace outdated facilities, create jobs, and introduce advanced environmental benefits without using taxpayer money.

These proposed projects promise to create significant employment opportunities and implement innovative measures to reduce environmental impacts like traffic and air quality issues, setting a national standard for pollution reduction.

Overall, for a limited time, these projects will receive special fast-tracking benefits under CEQA to expedite job creation and environmental improvements.

The Legislature finds and declares all of the following:
(a)CA Public Resources Code § 21178(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000)) requires that the environmental impacts of development projects be identified and mitigated.
(b)CA Public Resources Code § 21178(b) The California Environmental Quality Act also guarantees the public an opportunity to review and comment on the environmental impacts of a project and to participate meaningfully in the development of mitigation measures for potentially significant environmental impacts.
(c)CA Public Resources Code § 21178(c) There are large projects under consideration in various regions of the state that would replace old and outmoded facilities with new job-creating facilities to meet those regions’ needs while also establishing new, cutting-edge environmental benefits in those regions.
(d)CA Public Resources Code § 21178(d) These projects are privately financed or financed from revenues generated from the projects themselves and do not require taxpayer financing.
(e)CA Public Resources Code § 21178(e) These projects will further generate thousands of full-time jobs during construction and thousands of additional, permanent jobs once the projects are constructed and operating.
(f)CA Public Resources Code § 21178(f) These projects also present an unprecedented opportunity to implement nation-leading innovative measures that will significantly reduce traffic, air quality, and other significant environmental impacts, and fully mitigate the greenhouse gas emissions resulting from passenger vehicle trips attributed to the projects.
(g)CA Public Resources Code § 21178(g) These pollution reductions will be the best in the nation compared to other comparable projects in the United States.
(h)CA Public Resources Code § 21178(h) The purpose of this chapter is to provide, for a limited time, unique and unprecedented streamlining benefits under the California Environmental Quality Act for projects that provide the benefits described above to put people to work as soon as possible.

Section § 21180

Explanation

This section defines key terms for projects that aim to be environmentally friendly and sustainable. An 'applicant' refers to anyone proposing or involved in such a project, including public or private entities. 'Environmental leadership development projects' are projects like housing or commercial developments certified as energy-efficient by the LEED standards. Such projects might include renewable energy initiatives, housing developments with affordable housing components, or clean energy manufacturing. These projects should ideally be located on infill sites and align with local strategies to reduce greenhouse gas emissions, often requiring significant financial investment and a minimum percentage of affordable housing.

Housing projects must focus primarily on residential use and can't serve as temporary accommodations. The goal is to ensure these projects contribute to environmental sustainability while supporting the community's housing needs.

For purposes of this chapter, the following definitions apply:
(a)CA Public Resources Code § 21180(a) “Applicant” means a public or private entity or its affiliates, or a person or entity that undertakes a public works project, that proposes a project and its successors, heirs, and assignees.
(b)CA Public Resources Code § 21180(b) “Environmental leadership development project,” “leadership project,” or “project” means a project as described in Section 21065 that is one of the following:
(1)CA Public Resources Code § 21180(b)(1) A residential, retail, commercial, sports, cultural, entertainment, or recreational use project that is certified as Leadership in Energy and Environmental Design (LEED) gold or better by the United States Green Building Council and, where applicable, that achieves a 15-percent greater standard for transportation efficiency than for comparable projects. These projects must be located on an infill site. For a project that is within a metropolitan planning organization for which a sustainable communities strategy or alternative planning strategy is in effect, the infill project shall be consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board has accepted a metropolitan planning organization’s determination, under subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets.
(2)CA Public Resources Code § 21180(b)(2) A clean renewable energy project that generates electricity exclusively through wind or solar, but not including waste incineration or conversion.
(3)CA Public Resources Code § 21180(b)(3) A clean energy manufacturing project that manufactures products, equipment, or components used for renewable energy generation, energy efficiency, or for the production of clean alternative fuel vehicles.
(4)Copy CA Public Resources Code § 21180(b)(4)
(A)Copy CA Public Resources Code § 21180(b)(4)(A) A housing development project that meets all of the following conditions:
(i)CA Public Resources Code § 21180(b)(4)(A)(i) The housing development project is located on an infill site.
(ii)CA Public Resources Code § 21180(b)(4)(A)(ii) For a housing development project that is located within a metropolitan planning organization for which a sustainable communities strategy or alternative planning strategy is in effect, the project is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board has accepted a metropolitan planning organization’s determination, under subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets.
(iii)CA Public Resources Code § 21180(b)(4)(A)(iii)  Notwithstanding paragraph (1) of subdivision (a) of Section 21183, the housing development project will result in a minimum investment of fifteen million dollars ($15,000,000) in California upon completion of construction.
(iv)Copy CA Public Resources Code § 21180(b)(4)(A)(iv)
(I)Copy CA Public Resources Code § 21180(b)(4)(A)(iv)(I) Except as provided in subclause (II), at least 15 percent of the housing development project is dedicated as housing that is affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Upon completion of a housing development project that is qualified under this paragraph and is certified by the Governor, the lead agency or applicant of the project shall notify the Office of Planning and Research of the number of housing units and affordable housing units established by the project.
(II) Notwithstanding subclause (I), if a local agency has adopted an inclusionary zoning ordinance that establishes a minimum percentage for affordable housing within the jurisdiction in which the housing development project is located that is higher than 15 percent, the percentage specified in the inclusionary zoning ordinance shall be the threshold for affordable housing.
(v)Copy CA Public Resources Code § 21180(v)
(I)Copy CA Public Resources Code § 21180(v)(I) Except for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code, no part of the housing development project shall be used for a rental unit for a term shorter than 30 days, or designated for hotel, motel, bed and breakfast inn, or other transient lodging use.
(II) No part of the housing development project shall be used for manufacturing or industrial uses.
(B)CA Public Resources Code § 21180(v)(I)(B) For purposes of this paragraph, “housing development project” means a project for any of the following:
(i)CA Public Resources Code § 21180(v)(I)(B)(i)  Residential units only.
(ii)CA Public Resources Code § 21180(v)(I)(B)(ii) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
(iii)CA Public Resources Code § 21180(v)(I)(B)(iii) Transitional housing or supportive housing.
(c)CA Public Resources Code § 21180(c) “Infill site” has the same meaning as set forth in Section 21061.3.
(d)CA Public Resources Code § 21180(d) “Transportation efficiency” means the number of vehicle trips by employees, visitors, or customers of the residential, retail, commercial, sports, cultural, entertainment, or recreational use project divided by the total number of employees, visitors, and customers.

Section § 21181

Explanation

This law says that a project isn’t covered by the rules in this section unless the Governor certifies it as a special type of environmental project that qualifies for faster processing before January 1, 2032.

This chapter does not apply to a project if the Governor does not certify the project as an environmental leadership development project eligible for streamlining under this chapter before January 1, 2032.

Section § 21182

Explanation

If you want to build a leadership project and speed up the approval process, you can apply to the Governor for certification. You'll need to provide any evidence or materials the Governor requires to decide on your application. This information must be publicly available at least 15 days before the Governor approves the project.

A person proposing to construct a leadership project may apply to the Governor for certification that the leadership project is eligible for streamlining as provided by this chapter. The person shall supply evidence and materials that the Governor deems necessary to make a decision on the application. Any evidence or materials shall be made available to the public at least 15 days before the Governor certifies a project under this chapter.

Section § 21183

Explanation

If a project wants a quicker approval process in California, it must meet several conditions before the Governor can certify it. The project needs to invest at least $100 million, unless it's a special type of project. It has to create good jobs in California, paying competitive wages and offering opportunities for apprenticeships. The project should also not increase greenhouse gas emissions, or it must align with state environmental goals.

The applicant must follow specific recycling and environmental mitigation standards. A binding agreement is needed to ensure all required environmental fixes are carried out and monitored. The applicant must also commit to covering court and record preparation costs for any legal challenges related to the project.

The Governor may certify a leadership project for streamlining before a lead agency certifies a final environmental impact report for a project under this chapter if all the following conditions are met:
(a)Copy CA Public Resources Code § 21183(a)
(1)Copy CA Public Resources Code § 21183(a)(1) Except as provided in paragraph (2), the project will result in a minimum investment of one hundred million dollars ($100,000,000) in California upon completion of construction.
(2)CA Public Resources Code § 21183(a)(2) Paragraph (1) does not apply to a leadership project described in paragraph (4) of subdivision (b) of Section 21180.
(b)CA Public Resources Code § 21183(b) The project creates high-wage, highly skilled jobs that pay prevailing wages and living wages, provides construction jobs and permanent jobs for Californians, helps reduce unemployment, and promotes apprenticeship training. For purposes of this subdivision, a project is deemed to create jobs that pay prevailing wages, create highly skilled jobs, and promote apprenticeship training if the applicant demonstrates to the satisfaction of the Governor that the project will comply with Section 21183.5.
(c)Copy CA Public Resources Code § 21183(c)
(1)Copy CA Public Resources Code § 21183(c)(1) For a project described in paragraph (1), (2), or (3) of subdivision (b) of Section 21180, the project does not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation. For purposes of this paragraph, a project is deemed to meet the requirements of this paragraph if the applicant demonstrates to the satisfaction of the Governor that the project will comply with Section 21183.6.
(2)CA Public Resources Code § 21183(c)(2) For a project described in paragraph (4) of subdivision (b) of Section 21180, the project does not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation, or demonstrates consistency with the most recent scoping plan adopted by the State Air Resources Board pursuant to Section 38561 of the Health and Safety Code.
(d)CA Public Resources Code § 21183(d) The applicant demonstrates compliance with the requirements of Chapter 12.8 (commencing with Section 42649) and Chapter 12.9 (commencing with Section 42649.8) of Part 3 of Division 30, as applicable.
(e)CA Public Resources Code § 21183(e) The applicant has entered into a binding and enforceable agreement that all mitigation measures required under this division to certify the project under this chapter shall be conditions of approval of the project, and those conditions will be fully enforceable by the lead agency or another agency designated by the lead agency. In the case of environmental mitigation measures, the applicant agrees, as an ongoing obligation, that those measures will be monitored and enforced by the lead agency for the life of the obligation.
(f)CA Public Resources Code § 21183(f) The applicant agrees to pay the costs of the trial court and the court of appeal in hearing and deciding any case challenging a lead agency’s action on a certified project under this division, including payment of the costs for the appointment of a special master if deemed appropriate by the court, in a form and manner specified by the Judicial Council, as provided in the California Rules of Court adopted by the Judicial Council under Section 21185.
(g)CA Public Resources Code § 21183(g) The applicant agrees to pay the costs of preparing the record of proceedings for the project concurrent with review and consideration of the project under this division, in a form and manner specified by the lead agency for the project. The cost of preparing the record of proceedings for the project shall not be recoverable from the plaintiff or petitioner before, during, or after any litigation.
(h)CA Public Resources Code § 21183(h) For a project for which environmental review has commenced, the applicant demonstrates that the record of proceedings is being prepared in accordance with Section 21186.

Section § 21183.5

Explanation

This law sets rules for how workers must be hired for construction projects carried out by public and private agencies. Firstly, any entity participating in a public project must use skilled and trained workers for jobs in the construction sector that require apprenticeships. However, if the public agency has a project labor agreement, the entity can follow its rules instead.

For private projects, the applicant must ensure all workers are paid the prevailing wage rate, which means they get at least the average wage for their job type and area. Contractors should also maintain payroll records and be prepared for wage reviews. Penalties can be imposed for non-compliance, including financial penalties per worker per day.

In both public and private projects, a project labor agreement can make certain requirements easier, such as regular compliance reports and wage assessments, provided everything is handled according to agreed arbitration processes. Overall, these rules aim to ensure fair wages and skilled labor use in construction, with checks in place to ensure compliance.

(a)CA Public Resources Code § 21183.5(a) For purposes of this section, the following definitions apply:
(1)CA Public Resources Code § 21183.5(a)(1) “Project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(2)CA Public Resources Code § 21183.5(a)(2) “Skilled and trained workforce” has the same meaning as set forth in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(b)Copy CA Public Resources Code § 21183.5(b)
(1)Copy CA Public Resources Code § 21183.5(b)(1) For a project undertaken by a public agency that is certified under this chapter, except as provided in paragraph (2), an entity shall not be prequalified or shortlisted or awarded a contract by the public agency to perform any portion of the project unless the entity provides an enforceable commitment to the public agency that the entity and its contractors and subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades.
(2)CA Public Resources Code § 21183.5(b)(2) Paragraph (1) does not apply if any of the following requirements are met:
(A)CA Public Resources Code § 21183.5(b)(2)(A) The public agency has entered into a project labor agreement that will bind all contractors and subcontractors at every tier performing work on the project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement.
(B)CA Public Resources Code § 21183.5(b)(2)(B) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the public agency before January 1, 2021.
(C)CA Public Resources Code § 21183.5(b)(2)(C) The entity has entered into a project labor agreement that will bind the entity and all of its contractors and subcontractors at every tier performing work on the project or contract to use a skilled and trained workforce.
(c)CA Public Resources Code § 21183.5(c) For a project undertaken by a private entity that is certified under this chapter, the applicant shall do both of the following:
(1)CA Public Resources Code § 21183.5(c)(1) Certify to the lead agency that either of the following is true:
(A)CA Public Resources Code § 21183.5(c)(1)(A) The entirety of the project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(B)CA Public Resources Code § 21183.5(c)(1)(B) If the project is not in its entirety a public work, all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations under Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the project is subject to this subparagraph, then, for those portions of the project that are not a public work, all of the following shall apply:
(i)CA Public Resources Code § 21183.5(c)(1)(B)(i) The applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.
(ii)CA Public Resources Code § 21183.5(c)(1)(B)(ii) All contractors and subcontractors at every tier shall pay to all construction workers employed in the execution of the work on the project or contract at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(iii)Copy CA Public Resources Code § 21183.5(c)(1)(B)(iii)
(I)Copy CA Public Resources Code § 21183.5(c)(1)(B)(iii)(I) Except as provided in subclause (III), all contractors and subcontractors at every tier shall maintain and verify payroll records under Section 1776 of the Labor Code and make those records available for inspection and copying as provided by that section.
(II) Except as provided in subclause (III), the obligation of all contractors and subcontractors at every tier to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment under Section 1741 of the Labor Code, which may be reviewed under Section 1742 of the Labor Code, within 18 months after the completion of the project, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages under Section 1742.1 of the Labor Code.
(III) Subclauses (I) and (II) do not apply if all contractors and subcontractors at every tier performing work on the project or contract are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project or contract and provides for enforcement of that obligation through an arbitration procedure.
(iv)CA Public Resources Code § 21183.5(c)(1)(B)(iv) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted under Section 511 or 514 of the Labor Code.
(2)CA Public Resources Code § 21183.5(c)(2) Certify to the lead agency that a skilled and trained workforce will be used to perform all construction work on the project or contract. All of the following requirements shall apply to the project:
(A)CA Public Resources Code § 21183.5(c)(2)(A) The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the project.
(B)CA Public Resources Code § 21183.5(c)(2)(B) Every contractor and subcontractor at every tier shall use a skilled and trained workforce to complete the project.
(C)Copy CA Public Resources Code § 21183.5(c)(2)(C)
(i)Copy CA Public Resources Code § 21183.5(c)(2)(C)(i) Except as provided in clause (ii), the applicant shall provide to the lead agency, on a monthly basis while the project or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the lead agency under this clause shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the project using the same procedures for issuance of civil wage and penalty assessments under Section 1741 of the Labor Code, and may be reviewed under the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(ii)CA Public Resources Code § 21183.5(c)(2)(C)(i)(ii) Clause (i) does not apply if all contractors and subcontractors at every tier performing work on the project are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure.

Section § 21183.6

Explanation

This law section outlines how a project's greenhouse gas emissions should be calculated and reduced. First, to measure emissions, the current environmental conditions at the project site are used as a baseline. Then, projects must prioritize reducing emissions directly, trying first to cut both greenhouse gases and other air pollutants through project design or adding features like energy efficiency and renewables. If direct reductions don't fully mitigate the impacts, additional reductions must occur within the same air pollution district, or through environmental offsets. These offsets must adhere to strict standards and benefit the area where the project is located.

Finally, the law emphasizes that the steps taken to offset emissions should prioritize enhancing the environment and public health of communities most affected by the project.

(a)CA Public Resources Code § 21183.6(a) The quantification and mitigation of the impacts of a project described in paragraph (1), (2), or (3) of subdivision (b) of Section 21180 from the emissions of greenhouse gases shall be as follows:
(1)CA Public Resources Code § 21183.6(a)(1) The environmental baseline for greenhouse gas emissions shall be established based upon the physical environmental conditions in the vicinity of the project site at the time the application is submitted in a manner consistent with Section 15125 of Title 14 of the California Code of Regulations as those regulations existed on January 1, 2021.
(2)CA Public Resources Code § 21183.6(a)(2) The mitigation of the impacts resulting from the emissions of greenhouse gases shall be achieved in accordance with the following priority:
(A)CA Public Resources Code § 21183.6(a)(2)(A) Direct emissions reductions from the project that also reduce emissions of criteria air pollutants or toxic air contaminants through implementation of project features, project design, or other measures, including, but not limited to, energy efficiency, installation of renewable energy electricity generation, and reductions in vehicle miles traveled.
(B)CA Public Resources Code § 21183.6(a)(2)(B) If all of the project impacts cannot be feasibly and fully mitigated by direct emissions reductions as described in subparagraph (A), the remaining unmitigated impacts shall be mitigated by direct emissions reductions that also reduce emissions of criteria air pollutants or toxic air contaminants within the same air pollution control district or air quality management district in which the project is located.
(C)CA Public Resources Code § 21183.6(a)(2)(C) If all of the project impacts cannot be feasibly and fully mitigated by direct emissions reductions as described in subparagraph (A) or (B), the remaining unmitigated impacts shall be mitigated through the use of offsets that originate within the same air pollution control district or air quality management district in which the project is located. 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 in which the project is located or in adjacent communities.
(D)CA Public Resources Code § 21183.6(a)(2)(D) If all of the project impacts cannot be feasibly and fully mitigated by the measures described in subparagraph (A), (B), or (C), the remaining unmitigated impacts shall be mitigated through the use of offsets that originate from sources that provide a specific, quantifiable, and direct environmental and public health benefit to the region in which the project is located.
(b)CA Public Resources Code § 21183.6(b) It is the intent of the Legislature, in enacting this section, to maximize the environmental and public health benefits from measures to mitigate the project impacts resulting from the emissions of greenhouse gases to those people that are impacted most by the project.

Section § 21184

Explanation

This law allows the Governor to certify projects to speed up their approval process, but only if they meet specific criteria outlined in another section (21183). Before granting this certification, the Governor needs to confirm compliance with these conditions, and this decision cannot be challenged in court.

If the Governor thinks a leadership project qualifies for expedited processing, this decision and its supporting details must be sent to the Joint Legislative Budget Committee, who has 30 days to agree or disagree. If they don't respond in time, the project is automatically certified.

Additionally, the Governor can create guidelines for how to apply for and certify these projects, and these guidelines don't have to follow the usual procedural rules set by another government act.

(a)CA Public Resources Code § 21184(a) The Governor may certify a project for streamlining under this chapter if it complies with the conditions specified in Section 21183.
(b)Copy CA Public Resources Code § 21184(b)
(1)Copy CA Public Resources Code § 21184(b)(1) Before certifying a project, the Governor shall make a determination that each of the conditions specified in Section 21183 have been met. These findings are not subject to judicial review.
(2)Copy CA Public Resources Code § 21184(b)(2)
(A)Copy CA Public Resources Code § 21184(b)(2)(A) If the Governor determines that a leadership project is eligible for streamlining under this chapter, the Governor shall submit that determination, and any supporting information, to the Joint Legislative Budget Committee for review and concurrence or nonconcurrence.
(B)CA Public Resources Code § 21184(b)(2)(A)(B) Within 30 days of receiving the determination, the Joint Legislative Budget Committee shall concur or nonconcur in writing on the determination.
(C)CA Public Resources Code § 21184(b)(2)(A)(C) If the Joint Legislative Budget Committee fails to concur or nonconcur on a determination by the Governor within 30 days of the submittal, the leadership project is deemed to be certified.
(c)CA Public Resources Code § 21184(c) The Governor may issue guidelines regarding application and certification of projects under this chapter. Any guidelines issued under this subdivision are not subject to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

Section § 21184.5

Explanation

This law requires that parking spaces for multifamily residential projects be priced and sold or rented separately from the dwelling units. It's like having the option to choose whether or not you want to pay extra for a parking space. However, this rule does not apply to units with rent or sale prices already set by affordability laws, where parking and housing costs must stay combined.

(a)CA Public Resources Code § 21184.5(a) Notwithstanding any other law, except as provided in subdivision (b), a multifamily residential project certified under this chapter shall provide unbundled parking, such that private vehicle parking spaces are priced and rented or purchased separately from dwelling units.
(b)CA Public Resources Code § 21184.5(b) Subdivision (a) shall not apply if the dwelling units are subject to affordability restrictions in law that prescribe rent or sale prices, and the cost of parking spaces cannot be unbundled from the cost of dwelling units.

Section § 21184.7

Explanation

This law allows the Office of Planning and Research to charge a fee to applicants who are trying to get certified, to cover the costs the Governor's office incurs from handling these certifications.

The Office of Planning and Research may charge a fee to an applicant seeking certification under this chapter for the costs incurred by the Governor’s office in implementing this chapter.

Section § 21185

Explanation

This law requires the Judicial Council to create court rules for handling cases that challenge environmental impact reports for certain special projects. These cases, including appeals, should ideally be settled within 270 days once the court has the necessary documents.

The Judicial Council shall adopt a rule of court to establish procedures that require actions or proceedings brought to attack, review, set aside, void, or annul the certification of an environmental impact report for an environmental leadership development project certified by the Governor under this chapter or the granting of any project approvals that require the actions or proceedings, including any potential appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court.

Section § 21186

Explanation

This law explains how the record of proceedings for a leadership project must be prepared and shared. The project’s lead agency must prepare this record while the project is ongoing. Once the draft environmental impact report is released, all relevant documents must be posted online for public access.

The lead agency should make these documents available in an electronic format, and continue to upload new documents within five days of their creation or receipt. Public comments are encouraged to be submitted electronically and should also be made publicly accessible within the same timeframe.

If comments are submitted non-electronically, they must be converted to an electronic format within seven days. Copyrighted materials used by the lead agency must be listed in an index, noting where physical copies can be reviewed if they can't be shared online.

The final record of proceedings needs certification within five days after project approval. Any disputes regarding the record are handled by the superior court, where issues need to be raised in a motion with the initial brief.

Notwithstanding any other law, the preparation and certification of the record of proceedings for a leadership project certified by the Governor shall be performed in the following manner:
(a)CA Public Resources Code § 21186(a) The lead agency for the project shall prepare the record of proceedings under this division concurrently with the administrative process.
(b)CA Public Resources Code § 21186(b) All documents and other materials placed in the record of proceedings shall be posted on, and be downloadable from, an internet website maintained by the lead agency commencing with the date of the release of the draft environmental impact report.
(c)CA Public Resources Code § 21186(c) The lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to, or relied on by, the lead agency in preparing the draft environmental impact report.
(d)CA Public Resources Code § 21186(d) Any document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five days after the document is released or received by the lead agency.
(e)CA Public Resources Code § 21186(e) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any comment available to the public in a readily accessible electronic format within five days of its receipt.
(f)CA Public Resources Code § 21186(f) Within seven days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format.
(g)CA Public Resources Code § 21186(g) Notwithstanding paragraphs (b) to (f), inclusive, documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright-protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index must specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review.
(h)CA Public Resources Code § 21186(h) The lead agency shall certify the final record of proceedings within five days of its approval of the project.
(i)CA Public Resources Code § 21186(i) Any dispute arising from the record of proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief.
(j)CA Public Resources Code § 21186(j) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.

Section § 21187

Explanation

This law says that when the Governor certifies a project as an environmental leadership development project, the lead agency has 10 days to inform the public. The notice should be written in at least 12-point font and paid for by the applicant. It announces the project will follow certain procedures if there's a legal challenge to its environmental impact report. The notice must also include a copy of the relevant legal chapter and be distributed according to specific public notice rules.

Within 10 days of the Governor certifying an environmental leadership development project under this chapter, a lead agency shall, at the applicant’s expense, issue a public notice in no less than 12-point type stating the following:
“THE APPLICANT HAS ELECTED TO PROCEED UNDER CHAPTER 6.5 (COMMENCING WITH SECTION 21178) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (EIR) OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTIONS 21185 TO 21186, INCLUSIVE, OF THE PUBLIC RESOURCES CODE. A COPY OF CHAPTER 6.5 (COMMENCING WITH SECTION 21178) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE IS INCLUDED BELOW.”
The public notice shall be distributed by the lead agency as required for public notices issued under paragraph (3) of subdivision (b) of Section 21092.

Section § 21187.5

Explanation

This section outlines the process for the Governor to certify a project alternative as part of a leadership project. A 'project alternative' is defined as one examined in an environmental impact report under specific existing regulations. Before a lead agency approves such an alternative, the Governor can certify it if it meets certain criteria provided by the applicant and aligns with the definitions of a leadership project as of the time of certification. The applicant must provide necessary documents, which are shared with the public at least 15 days prior to certification. Notably, the Governor’s decisions in this process cannot be legally challenged. Additionally, a specific court rule applies to legal challenges concerning the approval of these project alternatives.

(a)CA Public Resources Code § 21187.5(a) For purposes of this section, “project alternative” means an alternative studied in a leadership project’s environmental impact report under Section 15126.6 of Title 14 of the California Code of Regulations as those regulations existed on January 1, 2021.
(b)CA Public Resources Code § 21187.5(b) Before a lead agency’s approval of a project alternative described in an environmental impact report for a leadership project certified by the Governor under this chapter, the Governor may, upon application of the applicant, certify the project alternative under this chapter if the project alternative meets the definition of a leadership project pursuant to Section 21180 and complies with Section 21183 as those sections existed at the time of the Governor’s certification of the leadership project. The applicant shall supply evidence and materials that the Governor deems necessary to make a decision on the application to certify the project alternative. Any evidence or materials provided by the applicant shall be made available by the Governor to the public at least 15 days before the Governor certifies a project alternative pursuant to this chapter. Paragraph (2) of subdivision (b) of Section 21184 shall not apply to the certification of a project alternative pursuant to this section. The findings made by the Governor pursuant to this section are not subject to judicial review.
(c)CA Public Resources Code § 21187.5(c) The rule of court adopted under Section 21185 applies to actions or proceedings brought to attack, review, set aside, void, or annul a public agency’s approval of a project alternative certified under this section on the grounds of noncompliance with this division.

Section § 21188

Explanation

This law means that if any part of this chapter is found to be invalid or can't be applied, the rest of the chapter is still valid. This ensures that the other parts continue to work even if one part doesn't.

The provisions of this chapter are severable. If any provision of this chapter or its application is held to be invalid, that invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application.

Section § 21189

Explanation

This section states that, unless this chapter explicitly says otherwise, everyone still has to follow all the rules set out in this division.

Except as otherwise provided expressly in this chapter, nothing in this chapter affects the duty of any party to comply with this division.

Section § 21189.1

Explanation

If a lead agency doesn't approve a Governor-certified project by January 1, 2033, the project's certification will become invalid.

If, before January 1, 2033, a lead agency fails to approve a project certified by the Governor under this chapter, then the certification expires and is no longer valid.

Section § 21189.3

Explanation

This law is set to be in effect until January 1, 2034. After that date, it will be canceled unless a new law is passed to change or extend it.

This chapter shall remain in effect until January 1, 2034, and as of that date is repealed unless a later enacted statute extends or repeals that date.