Infrastructure Projects - - CA Public Resources

Section § 21189.80

This part of the law emphasizes that development projects in California must identify and reduce their environmental impacts. The law ensures the public can comment on these projects and help develop ways to lessen any negative effects on the environment. It notes that federal and state investments in infrastructure will lead to projects focused on transportation, water, technology, and energy that will support climate change goals and create jobs.

These projects are expected to improve safety, fix aging infrastructure, and respond to climate changes. This law aims to speed up important projects in these areas while keeping environmental protections and community involvement intact, making sure they provide both public and environmental benefits and create jobs quickly.

The Legislature finds and declares all of the following:

(a) This division requires that the environmental impacts of development projects be identified and mitigated.

(b) This division 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) Historic federal and state investments in infrastructure will lead to the development of numerous transportation-related, water-related, technology, and energy facilities across the state that would further California’s commitments to reducing emissions of greenhouse gases and protecting its people from the worst extremes of climate change while also leveraging federal resources to increase access to quality jobs in our communities.

(d) These projects will further generate full-time jobs during construction and additional jobs once the projects are constructed and operating.

(e) The transportation-related projects would help state, regional, and local agencies more quickly meet the goals of advancing safety, rehabilitating the aging transportation infrastructure, and addressing the impacts of climate change.

(f) The transportation-related projects will accelerate critical state, regional, and local “fix it first” projects supported by a historic federal and state partnership through Chapter 5 of the Statutes of 2017, and the federal Infrastructure Investment and Jobs Act (Public Law 117-58).

(g) The purpose of this chapter is to provide unique streamlining benefits under this division for critical state, regional, and local investments in climate resiliency, safety, and infrastructure maintenance while maintaining the environmental and public engagement benefits of this division for projects that provide the public benefits, including environmental and climate-related benefits, described above and to both achieve those benefits and put people to work as soon as possible.

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(Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.)

Section § 21189.81

This law defines key terms related to various types of infrastructure projects in California. It explains that an 'applicant' can be a person or entity proposing a project, and a 'disadvantaged community' is identified by specific environmental codes. 'Electrical transmission facility projects' involve construction projects for delivering electricity from renewable or storage sources. 'Energy infrastructure projects' include renewable energy systems, significant energy storage installations, and related manufacturing with a large financial investment.

'Infrastructure projects' cover energy, semiconductor, transportation, and water projects. 'Semiconductor projects' must meet investment criteria under the CHIPS Act. 'Transportation-related projects' aim to improve rail, transit, and zero-emission infrastructure while reducing environmental harm. 'Water-related projects' focus on groundwater sustainability, recycled water, contaminant removal, and specific maintenance tasks, excluding certain Delta conveyance works.

For purposes of this chapter, the following definitions apply:

(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) “Disadvantaged community” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area identified as a disadvantaged unincorporated community pursuant to Section 65302.10 of the Government Code.

(c) “Electrical transmission facility project” means a project for the construction and operation of an electrical transmission facility that meets either of the following:

(1) An electrical transmission facility project identified by the Independent System Operator in its annual transmission planning process that meets either of the following criteria:

(A) The project will facilitate delivery of electricity from renewable energy resources or zero-carbon resources.

(B) The project will facilitate delivery of electricity from energy storage projects.

(2) An electrical transmission facility project identified by a local publicly owned electric utility that would satisfy a transmission expansion need approved by the governing body of the local publicly owned electric utility and that meets either of the following criteria:

(A) The project will facilitate delivery of electricity from renewable energy resources or zero-carbon resources.

(B) The project will facilitate delivery of electricity from energy storage projects.

(d)

(1) “Energy infrastructure project” means any of the following:

(A) An eligible renewable energy resource, as defined in Section 399.12 of the Public Utilities Code, excluding resources that combust biomass fuels.

(B) New energy storage systems of 20 megawatts or more, that are capable of discharging for at least two hours, provided that a pumped hydro facility may qualify only if it is less than or equal to 500 megawatts and has been directly appropriated funding by the state before January 1, 2023.

(C) A project for which the applicant has certified that a capital investment of at least two hundred fifty million dollars ($250,000,000) made over a period of five years and the project is for either of the following:

(i) The manufacture, production, or assembly of an energy storage system or component manufacturing, wind system or component manufacturing, and solar photovoltaic energy system or component manufacturing.

(ii) The manufacture, production, or assembly of specialized products, components, or systems that are integral to renewable energy or energy storage technologies.

(D) An electrical transmission facility project, provided that nothing in this chapter affects the jurisdiction of the California Coastal Commission pursuant to Division 20 (commencing with Section 30000) to regulate such projects if located in the coastal zone.

(E) A hydrogen production facility and associated onsite storage and processing facilities that do not derive hydrogen from a fossil fuel feedstock and that receive funding from any of the following:

(i) The Hydrogen Program established pursuant to Section 25664.1.

(ii) Section 91530, as added by the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 (Section 2 of Chapter 83 of the Statutes of 2024 (Senate Bill No. 867)), if that act is approved by the voters at the November 5, 2024, statewide general election.

(iii) The Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES) authorized by Article 15 (commencing with Section 12100.160) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, as awarded by the United States Department of Energy Office of Clean Energy Demonstrations.

(2) Any project to develop a facility within the meaning of subdivision (b) of Section 25545 shall meet the requirements of Sections 25545.3.3 and 25545.3.5, except that those requirements shall also apply to solar photovoltaic and terrestrial wind electrical generating power plants with a generating capacity of between 20 and 50 megawatts and energy storage projects capable of storing between 80 and 200 megawatt hours of electrical energy.

(e) “Infrastructure project” means a project that is certified pursuant to Sections 21189.82 and 21189.83 as any of the following:

(1) An energy infrastructure project.

(2) A semiconductor or microelectronic project.

(3) A transportation-related project.

(4) A water-related project.

(f) “Semiconductor or microelectronic project” means a project that meets the requirements related to investment in new or expanded facilities and is awarded funds under the federal Creating Helpful Incentives to Produce Semiconductors Act of 2022 (Public Law 117-167), commonly known as the CHIPS Act of 2022, and the requirements of Section 21183.5.

(g)

(1) “Transportation-related project” means a transportation infrastructure project that advances one or more of, and does not conflict with, the following goals related to the Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency:

(A) Build toward an integrated, statewide rail and transit network.

(B) Invest in networks of safe and accessible bicycle and pedestrian infrastructure.

(C) Include investments in light-, medium-, and heavy-duty zero-emission vehicle infrastructure.

(D) Develop a zero-emission freight transportation system.

(E) Reduce public health and economic harms and maximize community benefits.

(F) Make safety improvements to reduce fatalities and severe injuries of all users towards zero.

(G) Assess and integrate assessments of physical climate risk.

(H) Promote projects that do not significantly increase passenger vehicle travel.

(I) Promote compact infill development while protecting residents and businesses from displacement.

(J) Protect natural and working lands.

(2) Transportation-related projects are public works for the purposes of Section 1720 of the Labor Code and shall comply with the applicable provisions of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.

(h)

(1) “Water-related project” means any of the following:

(A) A project that is approved to implement a groundwater sustainability plan that the Department of Water Resources has determined is in compliance with Sections 10727.2 and 10727.4 of the Water Code or to implement an interim groundwater sustainability plan adopted pursuant to Section 10735.6 of the Water Code.

(B)

(i) A water storage project funded by the California Water Commission pursuant to Chapter 8 (commencing with Section 79750) of Division 26.7 of the Water Code.

(ii) In addition to clause (i), the applicant shall demonstrate that the project will minimize the intake or diversion of water except during times of surplus water and prioritizes the discharge of water for ecological benefits or to mitigate an emergency, including, but not limited to, dam repair, levee repair, wetland restoration, marshland restoration, or habitat preservation, or other public benefits described in Section 79753 of the Water Code.

(C) Projects for the development of recycled water, as defined in Section 13050 of the Water Code.

(D) Contaminant and salt removal projects, including groundwater desalination and associated treatment, storage, conveyance, and distribution facilities. This shall not include seawater desalination.

(E) Projects exclusively for canal or other conveyance maintenance and repair.

(2) Water-related projects are public works for purposes of Section 1720 of the Labor Code and shall comply with the applicable provisions of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.

(3) “Water-related project” does not include the design or construction of through-Delta conveyance facilities of the Sacramento-San Joaquin Delta.

applicant disadvantaged community electrical transmission renewable energy energy storage manufacturing investment semiconductor projects CHIPS Act transportation infrastructure zero-emission vehicle groundwater sustainability water storage recycled water contaminant removal public works

(Amended by Stats. 2024, Ch. 608, Sec. 1. (SB 1420) Effective January 1, 2025. Repealed as of January 1, 2034, pursuant to Section 21189.91.)

Section § 21189.82

This law allows the Governor of California to certify certain projects as energy, semiconductor, transportation, or water-related infrastructure projects if they meet specific criteria. For energy and semiconductor projects, the Governor ensures that applicants, if not the lead agency, agree to cover legal and procedural costs associated with court cases challenging the project and the preparation of records. Similar requirements apply to water-related projects, with an addition that the projects must address greenhouse gas emissions.

The Governor can certify up to 20 transportation projects, split between state and local initiatives. The Office of Planning and Research provides consultation and may issue guidelines for applications, which are exempt from formal rulemaking processes.

Applicants must minimize environmental impacts on disadvantaged communities and agree to mitigation measures. They must also enter agreements confirming this with the Governor before the project’s environmental impact report is certified. The Office must make project certification materials public at least 15 days in advance, and the Governor’s certification decision cannot be challenged in court.

(a)

(1) (A) The Governor may certify a project as an energy infrastructure project for purposes of this chapter if the project meets the requirements of subdivision (d) of Section 21189.81.

(B) In addition to subparagraph (A), if the applicant is not the lead agency, the Governor shall ensure all of the following:

(i) 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 as provided in the rule of court adopted by the Judicial Council under Section 21189.85.

(ii) The applicant agrees to pay the costs of preparing the record of proceedings for the project concurrent with the review and consideration of the project under this division, in a form and manner specified by the lead agency for the project.

(iii) For a project for which environmental review has commenced, the applicant demonstrates that the record of proceedings is being prepared in accordance with Section 21189.86.

(2)

(A) The Governor may certify a project as a semiconductor or microelectronic project for purposes of this chapter if the project meets the requirements of subdivision (f) of Section 21189.81.

(B) In addition to subparagraph (A), if the applicant is not the lead agency, the Governor shall ensure all of the following:

(i) 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 as provided in the rule of court adopted by the Judicial Council under Section 21189.85.

(ii) The applicant agrees to pay the costs of preparing the record of proceedings for the project concurrent with the review and consideration of the project under this division, in a form and manner specified by the lead agency for the project.

(iii) For a project for which environmental review has commenced, the applicant demonstrates that the record of proceedings is being prepared in accordance with Section 21189.86.

(3) The Governor may certify up to 20 transportation-related projects for purposes of this chapter, including up to 10 state projects proposed by the Department of Transportation and up to 10 local or regional projects, that meet the requirements of subdivision (g) of Section 21189.81.

(4)

(A) The Governor may certify a project as a water-related project for purposes of this chapter if the project meets the requirements of subdivision (h) of Section 21189.81.

(B) In addition to subparagraph (A), the Governor shall ensure all of the following:

(i) 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 as provided in the rule of court adopted by the Judicial Council under Section 21189.85.

(ii) The applicant agrees to pay the costs of preparing the record of proceedings for the project concurrent with the review and consideration of the project under this division, in a form and manner specified by the lead agency for the project.

(iii) For a project for which environmental review has commenced, the applicant demonstrates that the record of proceedings is being prepared in accordance with Section 21189.86.

(C) In addition to subparagraphs (A) and (B), the Governor may certify a project as a water-related project for purposes of this chapter only if the Governor finds that greenhouse gas emissions resulting from the project will be mitigated to the extent feasible.

(b) The Office of Planning and Research may consult with other state agencies on and may issue guidelines regarding applications for and the 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).

(c) An applicant for certification of an infrastructure project under this chapter shall do all of the following:

(1) Avoid or minimize significant environmental impacts in any disadvantaged community.

(2) If measures are required pursuant to this division to mitigate significant environmental impacts in a disadvantaged community, mitigate those impacts consistent with this division, including Section 21002. Mitigation measures required under this subdivision shall be undertaken in, and directly benefit, the affected community.

(3) Enter into a binding and enforceable agreement to comply with this subdivision in its application to the Governor and to the lead agency prior to the agency’s certification of the environmental impact report for the project.

(d) The Office of Planning and Research shall make evidence and materials submitted for the certification of a project available to the public on its internet website at least 15 days before the certification of the project.

(e) The Governor’s decision to certify a project shall not be subject to judicial review.

energy infrastructure projects semiconductor projects microelectronic projects transportation projects water-related projects greenhouse gas emissions environmental review disadvantaged community impacts mitigation measures Office of Planning and Research public access to materials Governor's certification judicial review exemption binding agreements cost of legal proceedings

(Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.)

Section § 21189.83

This law section explains that for energy, semiconductor, or microelectronic projects proposed by private entities, and transportation-related projects, the Governor can only certify them if they don't add to the net greenhouse gas emissions. For energy-related projects, this includes emissions from employee transportation, while for transportation projects, it excludes them.

The applicant must show a binding plan to address and mitigate any emissions satisfactorily. Where direct reductions aren't possible, offsets, which are real and enforceable, must be used, benefiting the local or regional air quality as needed. Additionally, the applicant bears the cost of analyzing the project's emissions.

(a) In addition to the requirements of Section 21189.82, with respect to any energy infrastructure project or semiconductor or microelectronic project proposed by a private entity, the Governor may certify the project pursuant to this chapter only if the project does not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation. For purposes of this section, a project is deemed to meet the requirements of this section if the applicant demonstrates to the satisfaction of the Governor that the applicant has a binding commitment that it will mitigate impacts resulting from the emission of greenhouse gases, if any, in accordance with Section 21183.6.

(b) In addition to the requirements of Section 21189.82, with respect to any transportation-related project, the Governor may certify the project pursuant to this chapter only if the project does not result in any net additional emission of greenhouse gases, excluding greenhouse gas emissions from employee transportation. For purposes of this section, a project is deemed to meet the requirements of this section if the applicant demonstrates to the satisfaction of the Governor that the applicant has a binding commitment that it will mitigate impacts resulting from the emission of greenhouse gases, if any, preferably through direct emissions reductions where feasible, but where not feasible, then through the use of offsets that are real, permanent, verifiable, and enforceable, and that provide a specific, quantifiable, and direct environmental and public health benefit to the same air pollution control district or air quality management district in which the project is located, but if all of the project impacts cannot be feasibly and fully mitigated in the same air pollution control district or air quality management district, then remaining unmitigated impacts shall be mitigated through the use of offsets that provide a specific, quantifiable, and direct environmental and public health benefit to the region in which the project is located.

(c) The applicant shall be responsible for the costs of preparing an analysis of the emission of greenhouse gases resulting from the project.

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(Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.)

Section § 21189.84

This law explains the process for certifying infrastructure projects in California. It applies when the Governor certifies a project. To get certified, applicants must provide necessary evidence to the Governor. The Governor submits their proposed certification to the Joint Legislative Budget Committee, which has 30 days to agree or disagree. If the committee doesn't act within this time, the project is automatically certified. Additionally, the Office of Planning and Research may charge applicants a fee for the Governor's certification process costs.

(a) This chapter applies to a project that is certified by the Governor as an infrastructure project.

(b) An applicant may apply to the Governor for certification and shall provide evidence and materials deemed necessary by the Governor in making a decision on the application for certification.

(c) The Governor shall submit the Governor’s proposed certification, and any supporting information, to the Joint Legislative Budget Committee for review and concurrence or nonconcurrence. Within 30 days of receiving the determination, the Joint Legislative Budget Committee shall concur or nonconcur in writing on the certification. If the Joint Legislative Budget Committee fails to concur or nonconcur on a certification within 30 days of the submittal, the project is deemed to be certified.

(d) 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.

infrastructure project certification application process Governor certification Joint Legislative Budget Committee review and concurrence 30-day review period automatic certification Office of Planning and Research fee evidence for certification project certification fee

(Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.)

Section § 21189.85

This law aims to speed up the legal process for court cases that challenge environmental impact reports or project approvals for infrastructure projects. It requires these cases to be resolved, if possible, within 270 days from when the relevant documents are submitted to court. Additionally, by December 31, 2023, the Judicial Council needs to create a court rule to enforce this timeline.

(a) An action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for an infrastructure project subject to this chapter or the granting of any project approvals, including any potential appeals to the court of appeal or the Supreme Court, shall be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court.

(b) On or before December 31, 2023, the Judicial Council shall adopt a rule of court to implement this section.

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(Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.)

Section § 21189.86

This law outlines specific steps that must be followed for documenting the process of approving an infrastructure project in California. The lead agency is responsible for preparing the project record alongside the administrative process. All related documents must be posted on a public website once the draft environmental impact report is released. Documents and comments need to be made available in electronic formats quickly, with certain exceptions for copyright-protected materials. Any disputes about these records are settled by the superior court. The project applicant is responsible for the costs associated with preparing these records, and these costs cannot be passed on to plaintiffs or petitioners in litigation.

Notwithstanding any other law, the preparation and certification of the record of proceedings for an infrastructure project shall be performed in the following manner:

(a) The lead agency for the project shall prepare the record of proceedings under this division concurrently with the administrative process.

(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) 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) 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 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) 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) 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) Notwithstanding subdivisions (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 shall specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review.

(h) The lead agency shall certify the final record of proceedings within five days of its approval of the project.

(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 of proceedings shall file a motion to augment the record of proceedings at the time it files its initial brief.

(j) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.

(k) The applicant shall 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.

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(Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.)

Section § 21189.87

This law requires that, within 10 days after a project is certified, the lead agency must announce it publicly, and the notice must be no less than 12-point font. The notice explains that the project is proceeding under specific sections of the Public Resources Code and that any legal challenges to the Environmental Impact Report or project approval will follow certain procedures. The applicant covers the cost of this notice. Additionally, the notice must be distributed using the same method as other public notices required under specified laws.

(a) Within 10 days of the certification of a project pursuant to Section 21189.82, the lead agency shall, at the applicant’s expense, if applicable, issue a public notice in no less than 12-point type stating the following:

“THE APPLICANT HAS ELECTED TO PROCEED UNDER CHAPTER 7 (COMMENCING WITH SECTION 21189.80) 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 21189.85 AND 21189.86 OF THE PUBLIC RESOURCES CODE. A COPY OF CHAPTER 7 (COMMENCING WITH SECTION 21189.80) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE IS INCLUDED BELOW.”

(b) 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.

lead agency responsibility public notice requirements project certification Environmental Impact Report judicial action applicant's expense distribution of notice challenge procedures project approval Public Resources Code procedures

(Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.)

Section § 21189.88

This section basically says that unless it specifically says otherwise in this chapter, everyone still has to follow the rules from this division.

Except as otherwise provided expressly in this chapter, this chapter does not affect the duty of any party to comply with this division.

compliance obligation specified exceptions division rules party duty legal compliance chapter provisions express exceptions rule enforcement legal duty regulatory adherence

(Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.)

Section § 21189.89

This law says that if part of the chapter is found to be invalid or unenforceable, it won't affect the rest of the chapter. The other sections will still remain in effect as long as they can function without relying on the invalid section.

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

severability invalid provision enforceable sections legal invalidity chapter provisions application of law unaffected provisions legal severability independent functionality legal redundancy

(Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.)

Section § 21189.90

If an infrastructure project is not approved by a lead agency before January 1, 2033, the project's certification will become invalid.

If before January 1, 2033, a lead agency fails to approve an infrastructure project, then the certification is no longer valid.

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(Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.)

Section § 21189.91

This law states that the rules and regulations in this chapter will only be valid until January 1, 2034. After this date, the chapter will no longer be in effect.

This chapter shall remain in effect only until January 1, 2034, and as of that date is repealed.

expiration date regulation validity sunset clause future repeal temporary law 2034 deadline law termination chapter expiration legal deadline scheduled repeal law expiration date temporary regulation time-limited statute statutory duration end date for regulations

(Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, by its own provisions. Note: Repeal affects Chapter 7, commencing with Section 21189.80.)

Section § 21189.81.1

This section defines two specific types of projects in San Diego County for certain legal purposes. First, it identifies the San Vicente Energy Storage Facility as an "energy infrastructure project." Second, it classifies any work related to fixing, updating, or replacing the South Bay Sewage Treatment Plant as a "water-related project." Both projects are in San Diego County and are tied to specific legal applications mentioned in related sections of the code.

(a) For purposes of subdivision (d) of Section 21189.81, an “energy infrastructure project” includes the San Vicente Energy Storage Facility project proposed by the San Diego County Water Authority for pumped energy storage located in the eastern portion of the County of San Diego.

(b) For purposes of subdivision (h) of Section 21189.81, a “water-related project” includes a project for the repair, rehabilitation, or replacement of the South Bay Sewage Treatment Plant in the County of San Diego, operated by the International Boundary and Water Commission.

San Vicente Energy Storage Facility San Diego County Water Authority pumped energy storage South Bay Sewage Treatment Plant International Boundary and Water Commission energy infrastructure project water-related project repair and rehabilitation replacement of sewage plant eastern San Diego County sewage treatment energy storage

(Added by Stats. 2024, Ch. 794, Sec. 1. (SB 1342) Effective January 1, 2025. Repealed as of January 1, 2034, pursuant to Section 21189.91.)

Environmental Quality

Chapter 7Infrastructure Projects

Section § 21189.80

Section § 21189.81

Section § 21189.82

Section § 21189.83

Section § 21189.84

Section § 21189.85

Section § 21189.86

Section § 21189.87

Section § 21189.88

Section § 21189.89

Section § 21189.90

Section § 21189.91

Section § 21189.81.1

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