Section § 25545

Explanation

This law outlines definitions for terms used in a specific chapter concerning energy facilities in California. A 'California Native American tribe' refers to the meaning found in another section of California law.

Meanwhile, 'Facility' encompasses several types of energy projects: large solar or wind power plants, significant energy storage systems, thermal power plants not using fossil or nuclear fuels, major investment projects in renewable or energy storage technologies, electrical lines from such facilities, and certain hydrogen production facilities sourcing their funding from specified programs and not using fossil fuels.

Lastly, a 'Site' is where eligible facilities are or will be built.

For purposes of this chapter, the following definitions apply:
(a)CA Public Resources Code § 25545(a) “California Native American tribe” has the same meaning as set forth in Section 21073.
(b)CA Public Resources Code § 25545(b) “Facility” means any of the following:
(1)CA Public Resources Code § 25545(b)(1) A solar photovoltaic or terrestrial wind electrical generating powerplant with a generating capacity of 50 megawatts or more and any facilities appurtenant thereto.
(2)CA Public Resources Code § 25545(b)(2) An energy storage system as defined in Section 2835 of the Public Utilities Code that is capable of storing 200 megawatthours or more of energy.
(3)CA Public Resources Code § 25545(b)(3) A stationary electrical generating powerplant using any source of thermal energy, with a generating capacity of 50 megawatts or more, excluding any powerplant that burns, uses, or relies on fossil or nuclear fuels.
(4)CA Public Resources Code § 25545(b)(4) A discretionary project as described in Section 21080 for which the applicant has certified that a capital investment of at least two hundred fifty million dollars ($250,000,000) will be made over a period of five years and the discretionary project is for (A) 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, or (B) the manufacture, production, or assembly of specialized products, components, or systems that are integral to renewable energy or energy storage technologies.
(5)CA Public Resources Code § 25545(b)(5) An electrical transmission line carrying electricity from a facility described in paragraph (1), (2), or (3) that is located in the state to a point of junction with any interconnected electrical transmission system.
(6)CA Public Resources Code § 25545(b)(6) 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:
(A)CA Public Resources Code § 25545(b)(6)(A) The Hydrogen Program established pursuant to Section 25664.1.
(B)CA Public Resources Code § 25545(b)(6)(B) 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.
(C)CA Public Resources Code § 25545(b)(6)(C) 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.
(c)CA Public Resources Code § 25545(c) “Site” means any location on which an eligible facility is constructed or is proposed to be constructed.

Section § 25545.1

Explanation

This law lets someone proposing a new power facility or changes to an existing one apply for state certification by June 30, 2030. The state commission will exclusively handle this certification and it will replace the need for other state, local, or even federal permits, as allowed by federal law. However, certain agencies like the State Lands Commission and others related to coastal and water resources maintain their authority. Local air quality and toxic substance authorities also keep their power for specific facilities. The law is applicable throughout the entire state, including all cities.

(a)CA Public Resources Code § 25545.1(a) A person proposing an eligible facility may file an application no later than June 30, 2030, for certification with the commission to certify a site and related facility in accordance with this chapter, including a person who has an application for certification or small powerplant exemption filed with the commission pursuant to Chapter 6 (commencing with Section 25500) pending as of June 30, 2022. Upon receipt of the application, the commission shall have the exclusive power to certify the site and related facility, whether the application proposes a new site and related facility or a change or addition to an existing facility. This section does not modify the Public Utilities Commission’s jurisdiction, including the issuance of a certificate of public convenience and necessity under Chapter 5 (commencing with Section 1001) of Part 1 of Division 1 of the Public Utilities Code for a facility that is proposed by a utility regulated by the Public Utilities Commission.
(b)Copy CA Public Resources Code § 25545.1(b)
(1)Copy CA Public Resources Code § 25545.1(b)(1) Except as provided in paragraph (2), the issuance of a certificate by the commission for a site and related facility pursuant to this chapter shall be in lieu of any permit, certificate, or similar document required by any state, local, or regional agency, or federal agency to the extent permitted by federal law, for the use of the site and related facilities, and shall supersede any applicable statute, ordinance, or regulation of any state, local, or regional agency, or federal agency to the extent permitted by federal law.
(2)CA Public Resources Code § 25545.1(b)(2) Paragraph (1) does not supersede the authority of the State Lands Commission to require leases and receive lease revenues, if applicable, or the authority of the California Coastal Commission, the San Francisco Bay Conservation and Development Commission, the State Water Resources Control Board, or the applicable regional water quality control boards.
(3)CA Public Resources Code § 25545.1(b)(3) For facilities described in paragraph (4) of subdivision (b) of Section 25545, this subdivision does not supersede the authority of local air quality management districts or the Department of Toxic Substances Control.
(c)CA Public Resources Code § 25545.1(c) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.

Section § 25545.10

Explanation

This law requires that before certifying a site and related facility, the commission must ensure the applicant has legally binding agreements with community-based organizations like labor unions or local governments. These agreements should offer benefits to both the applicant and the community. They can cover a wide range of topics, such as workforce development, job quality, hiring strategies, and high road training partnerships.

Beyond employment-related terms, agreements might support community projects like parks or safety improvements, or provide funding for community services. When it comes to agreements with California Native American tribes, the focus might be on cultural and environmental preservation.

(a)CA Public Resources Code § 25545.10(a) The commission shall not certify a site and related facility under this chapter unless the commission finds that the applicant has entered into one or more legally binding and enforceable agreements with, or that benefit, a coalition of one or more community-based organizations, such as workforce development and training organizations, labor unions, social justice advocates, community foundations, local governmental entities, California Native American tribes, or other organizations that represent community interests, where there is mutual benefit to the parties to the agreement. The topics and specific terms in the community benefits agreements may vary and may include workforce development, job quality, and job access provisions that include, but are not limited to, any of the following:
(1)CA Public Resources Code § 25545.10(a)(1) Terms of employment, such as wages and benefits, employment status, workplace health and safety, scheduling, and career advancement opportunities.
(2)CA Public Resources Code § 25545.10(a)(2) Worker recruitment, screening, and hiring strategies and practices, targeted hiring planning and execution, investment in workforce training and education, and worker voice and representation in decisionmaking affecting employment and training.
(3)CA Public Resources Code § 25545.10(a)(3) Establishing a high road training partnership, as defined in Section 14005 of the Unemployment Insurance Code.
(b)CA Public Resources Code § 25545.10(b) The topics and specific terms in the community benefits agreement may also include, but not be limited to, funding for or providing specific community improvements or amenities such as park and playground equipment, urban greening, enhanced safety crossings, paving roads and bike paths, and annual contributions to a nonprofit or community-based organization or a community foundation that awards grants to organizations delivering community-based services and amenities.
(c)CA Public Resources Code § 25545.10(c) The topics and specific terms in agreements with California Native American tribes may include, but not be limited to, cultural preservation and revitalization programs, joint management and stewardship agreements, open-space preservation agreements, repatriation and reparations agreements, and other compensatory mitigation programs.

Section § 25545.11

Explanation

This section clarifies that certain specific rules, found in Sections 25532 to 25534.2, are important and relevant for any certification issued under this chapter.

Sections 25532 to 25534.2, inclusive, apply to a certification issued pursuant to this chapter.

Section § 25545.12

Explanation

This law involves how regulations are adopted for a specific chapter. It allows the commission to adopt regulations quickly under emergency conditions to protect public welfare without the normal procedures. These emergency regulations stay in place until changed by the commission.

From now until July 1, 2027, any agreements made under this chapter don’t require usual competitive bidding or approvals from various state departments, bypassing some standard contracting rules. Additionally, if the commission contracts with local governments, they can advance funds to them related to these agreements.

(a)CA Public Resources Code § 25545.12(a) Regulations adopted to implement this chapter, or any amendment to those regulations, shall be adopted by the commission in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other of law, the emergency regulations adopted to implement this chapter shall remain in effect until amended by the commission.
(b)Copy CA Public Resources Code § 25545.12(b)
(1)Copy CA Public Resources Code § 25545.12(b)(1) Notwithstanding any other law, until July 1, 2027, an agreement entered into for purposes of this chapter shall not require competitive bidding, or the review, consent, or approval of the Department of General Services or any other state department or agency and is not required to comply with the requirements of the State Contracting Manual, the Public Contract Code, or the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.
(2)CA Public Resources Code § 25545.12(b)(2) If the commission enters into an agreement with a local government pursuant to this subdivision, the commission may advance funds to the local government for purposes of the agreement.

Section § 25545.13

Explanation

This law states that a site certified under this section is automatically considered an environmental leadership development project, provided certain conditions are verified. The certification process involves the commission preparing and certifying the record of proceedings quickly.

Starting January 1, 2026, if the current related laws are repealed, new procedures will apply for legal challenges against environmental certifications, as long as the administrative record is prepared and certified promptly by the commission.

The Judicial Council must adopt a rule by the end of 2023 that ensures legal challenges regarding these sites, including appeals, are resolved in court within 270 days from when the administrative record is filed.

(a)CA Public Resources Code § 25545.13(a) A site and related facility certified under this chapter is deemed an environmental leadership development project certified by the Governor under Chapter 6.5 (commencing with Section 21178) of Division 13 and eligible for the procedures established under Section 21185, with no further action by the applicant or the Governor, if the commission verifies that the conditions in Chapter 6.5 (commencing with Section 21178) of Division 13, including Sections 21183 and 21183.6, are met and prepares the record of the proceedings concurrently with its review of the application and certifies the record of proceedings within five days of certification.
(b)CA Public Resources Code § 25545.13(b) On and after January 1, 2026, if Chapter 6.5 (commencing with Section 21178) of Division 13 is inoperative or repealed, the procedures established pursuant to subdivision (c) shall apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report or the issuance of the certification for any site and related facility subject to this chapter, if the commission prepares the administrative record of the proceedings concurrently with its review of the application and certifies the administrative record within five days of certification.
(c)CA Public Resources Code § 25545.13(c) On or before December 31, 2023, 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 or the issuance of the certification for any site and related facility subject to this chapter, 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 administrative record with the court.

Section § 25545.2

Explanation

If you're applying to develop a site and related facility in California, your application must be in the specific form required by the commission. It needs to include all necessary information as outlined in Section 25520, plus any additional details the commission requires, such as those from Section 1877 of Title 20 of the California Code of Regulations. This information is crucial for preparing environmental documentation like impact reports or declarations. You must also prove you have enough property rights to access, build, and operate your proposed facility at the site.

An application for a site and related facility submitted pursuant to this chapter shall be in a form prescribed by the commission and shall contain all of the information required by Section 25520 and be further supported by other information as the commission may require, including, but not limited to, the informational requirements in Section 1877 of Title 20 of the California Code of Regulations, to support the preparation of an environmental impact report, mitigated negative declaration, or negative declaration and issuance of a certification. The application shall include evidence that the applicant has sufficient real property rights to the proposed location to currently access, build, and operate the proposed facility.

Section § 25545.3

Explanation

This section defines specific terms used in relation to certain other sections (25545.3.3 and 25545.3.5) for clarity. 'Construction' involves any new and follow-up building work done by a contractor. A 'Covered project' is any site or facility that applies under the same chapter this law is part of. A 'Project labor agreement' and a 'Skilled and trained workforce' are defined according to specific sections of the Public Contract Code.

For purposes of sections 25545.3.3 and 25545.3.5, the following definitions apply:
(a)CA Public Resources Code § 25545.3(a) “Construction” includes any new construction work and subsequent construction work following initial completion that is contracted out to a contractor in the construction industry.
(b)CA Public Resources Code § 25545.3(b) “Covered project” or “project” means a site and related facility subject to an application submitted under this chapter.
(c)CA Public Resources Code § 25545.3(c) “Project labor agreement” has the same meaning as set forth in Section 2500 of the Public Contract Code.
(d)CA Public Resources Code § 25545.3(d) “Skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.

Section § 25545.4

Explanation

When an application is submitted, the commission has 30 days to decide if it's complete. If the application is missing information, the executive director can ask for more documents within 30 days. The application is considered complete if either 30 days pass without a request for more info or once all requested info is provided and accepted.

After the application is deemed complete, the executive director can still ask for more information, especially to address environmental concerns, which must be provided within 30 days. The commission has up to 270 days to certify environmental reports and issue necessary approvals, but this timeframe can be extended under certain conditions, like needing to reassess environmental impacts or address new project changes. If any of several outlined situations come up, including new environmental effects or a request from the applicant for more time, these extensions may apply.

(a)CA Public Resources Code § 25545.4(a) Within 30 days of the submission of the application, the commission shall review the application and make a determination of completeness.
(b)Copy CA Public Resources Code § 25545.4(b)
(1)Copy CA Public Resources Code § 25545.4(b)(1) The executive director may require the applicant to submit missing information in the application before an application can be deemed complete. The executive director shall transmit the request for additional information within 30 days of the submission of the application. Any further requests by the executive director for missing information in response to additional information provided by the applicant shall be made within 45 days, or as soon as practicable thereafter, of receipt of that information.
(2)CA Public Resources Code § 25545.4(b)(2) The commission shall establish clear project developer permit application requirements.
(c)CA Public Resources Code § 25545.4(c) An application is deemed completed as follows:
(1)CA Public Resources Code § 25545.4(c)(1) Thirty days after the submission of the application, if the executive director does not require the submission of missing information pursuant to subdivision (b).
(2)CA Public Resources Code § 25545.4(c)(2) Immediately upon a written statement from the executive director accepting all missing information requested pursuant to subdivision (b), if the executive director requires the submission of missing information pursuant to subdivision (b).
(d)CA Public Resources Code § 25545.4(d) After the application is deemed complete, the executive director may request additional information from the applicant as follows:
(1)CA Public Resources Code § 25545.4(d)(1) To address comments by public agencies on the scope and content of the information that is required to be included in an environmental impact report, mitigated negative declaration, or negative declaration for certification. The applicant shall provide to the commission the requested information within 30 days of receiving the request.
(2)CA Public Resources Code § 25545.4(d)(2) If, at any time during the review of an application, the executive director determines that additional information is reasonably necessary to complete the staff assessment.
(3)CA Public Resources Code § 25545.4(d)(3) The applicant shall provide to the commission the information requested pursuant to this subdivision within 30 days of receiving the request. Receipt of requested information by the commission beyond the 30-day due date may extend the 270-day period in paragraph (1) of subdivision (e) by a period equivalent to the delay.
(e)Copy CA Public Resources Code § 25545.4(e)
(1)Copy CA Public Resources Code § 25545.4(e)(1) Except as provided in paragraph (2), no later than 270 days after the application is deemed complete, or as soon as practicable thereafter, the commission shall determine whether to certify the environmental impact report, mitigated negative declaration, or negative declaration and to issue a certificate for the site and related facilities pursuant to this chapter.
(2)CA Public Resources Code § 25545.4(e)(2) Notwithstanding paragraph (1), the time to certify the environmental impact report, mitigated negative declaration, or negative declaration or issue a certificate for the site and related facilities pursuant to this chapter may be extended if one or more of the following occurs:
(A)CA Public Resources Code § 25545.4(e)(2)(A) The commission is required to recirculate the environmental impact report, mitigated negative declaration, or negative declaration pursuant to Section 15088.5 of Title 14 of the California Code of Regulations.
(B)CA Public Resources Code § 25545.4(e)(2)(B) Substantial changes are proposed in the project that may involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
(C)CA Public Resources Code § 25545.4(e)(2)(C) Substantial changes occur with respect to the circumstances under which the project is undertaken that may involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
(D)CA Public Resources Code § 25545.4(e)(2)(D) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence before the commission publishes the notice of availability pursuant to Section 25545.7.6, is submitted that may require additional analysis and consideration.
(E)CA Public Resources Code § 25545.4(e)(2)(E) The commission, in consultation with the Department of Fish and Wildlife or the State Water Resources Control Board, if applicable, determines that additional time is necessary to obtain information and conduct surveys, including due to seasonal constraints.
(F)CA Public Resources Code § 25545.4(e)(2)(F) The applicant files into the docket a written request that demonstrates a reasonable need for extending the time to certify the environmental impact report or issue a certificate for the site and related facilities pursuant to this chapter.
(3)CA Public Resources Code § 25545.4(e)(3) Following the occurrence of any circumstance described in paragraph (2), the executive director may establish a new schedule for staff to complete its review of the application that extends the 270-day period in paragraph (1) by a period attributable to the employment of paragraph (2).

Section § 25545.5

Explanation

This law requires several plans to be developed by September 28, 2022, to ensure effective collaboration between the commission and various environmental regulatory bodies. These bodies include the Department of Fish and Wildlife, State Water Resources Control Board, and Department of Toxic Substances Control. The plans are designed to ensure that any actions related to endangered species, water quality, or hazardous waste adhere to existing laws and regulations.

Additionally, the commission must consult with the California Coastal Commission and the San Francisco Bay Conservation and Development Commission for site and facility projects in their jurisdictions to streamline the permit process. Regulatory agencies must act on permits within 90 days of certain environmental certifications, provided that applications are completed by then.

(a)CA Public Resources Code § 25545.5(a) On or before September 28, 2022, the commission shall, in coordination with the Department of Fish and Wildlife, develop a plan that ensures timely and effective consultation between the commission and the Department of Fish and Wildlife with respect to any proposed commission findings and actions to authorize the taking of endangered, threatened, and candidate species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or impacts to fish and wildlife resources pursuant to Section 1602 of the Fish and Game Code. The commission shall also consult with the Department of Fish and Wildlife with respect to any proposed commission findings and actions regarding potential impacts to fish, wildlife, and plant resources and the habitats upon which they depend. The plan shall include a process to ensure that all such taking and impacts are consistent with Chapter 6 (commencing with Section 1600) of Division 2 of, and Chapter 1.5 (commencing with Section 2050) of Division 3 of, the Fish and Game Code.
(b)CA Public Resources Code § 25545.5(b) On or before September 28, 2022, the commission shall, in coordination with the State Water Resources Control Board, develop a plan that ensures timely and effective consultation between the commission and the State Water Resources Control Board and the applicable regional water quality control board with respect to any proposed commission findings and actions related to discharges of waste that could affect the quality of waters of the state. The plan shall include provisions to ensure that all discharges are consistent with all applicable provisions of Division 7 (commencing with Section 13000) of the Water Code.
(c)CA Public Resources Code § 25545.5(c) The commission shall, in coordination with the Department of Toxic Substances Control, develop a plan on or before September 28, 2022, that ensures timely and effective consultation between the commission and the Department of Toxic Substances Control with respect to any proposed commission findings and actions related to hazardous waste control laws.
(d)Copy CA Public Resources Code § 25545.5(d)
(1)Copy CA Public Resources Code § 25545.5(d)(1) For sites and related facilities located in the geographic jurisdiction of the California Coastal Commission or the San Francisco Bay Conservation and Development Commission, the commission shall consult with the applicable agency to coordinate processing and sequencing of the applications to expedite the permitting process of those agencies. In areas of the coastal zone covered by a certified local coastal program, the California Coastal Commission shall assume coastal development review authority, using the certified local coastal program as guidance. In the Suisun Marsh Secondary Management Area and the portions of the Primary Management Area with a local protection program, the San Francisco Bay Conservation and Development Commission shall assume permitting authority for processing and issuing marsh development permits using the local protection programs as guidance.
(2)CA Public Resources Code § 25545.5(d)(2) The California Coastal Commission, the San Francisco Bay Conservation and Development Commission, the State Water Resources Control Board, the applicable regional water quality control boards, the applicable local air quality management districts, or the Department of Toxic Substances Control, as applicable, shall take final action on the eligible facility within 90 days after the certification by the commission of the environmental impact report, mitigated negative declaration, or negative declaration for the site and related facilities, if the applicant has filed a complete, final application for a permit or waste discharge requirement, as applicable, with those agencies before the certification of the environmental impact report, mitigated negative declaration, or negative declaration.

Section § 25545.6

Explanation

This law requires that any application related to this chapter be reviewed by the commission staff. The executive director must then prepare a recommendation for the commission about whether to approve an environmental impact report or similar documents. This decision will be made during a publicly noticed meeting, where they will also decide whether to issue a certificate for the site and facilities involved.

Notwithstanding any other law, an application submitted pursuant to this chapter shall be reviewed by commission staff. The executive director shall prepare a recommendation for the commission’s consideration at a publicly noticed meeting on whether to certify an environmental impact report, mitigated negative declaration, or negative declaration and issue a certificate for the site and related facilities pursuant to this chapter.

Section § 25545.7

Explanation

This law section states that the commission is responsible for preparing environmental assessments like impact reports and declarations under the California Environmental Quality Act, unless specified otherwise. The regulatory program for this chapter does not fall under a certified program per certain legal provisions. Additionally, the commission can conduct an initial study to identify significant environmental effects of actions taken in line with this chapter.

(a)CA Public Resources Code § 25545.7(a) The commission is the lead agency for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and, except as provided in this chapter, shall prepare an environmental impact report, mitigated negative declaration, or negative declaration pursuant to Division 13 (commencing with Section 21000).
(b)CA Public Resources Code § 25545.7(b) The regulatory program that implements this chapter is not a certified regulatory program under Section 21080.5.
(c)CA Public Resources Code § 25545.7(c) The commission may prepare an initial study pursuant to Section 15063 of Title 14 of the California Code of Regulations to help identify the significant effects of an action taken pursuant to this chapter.

Section § 25545.8

Explanation

This law section specifies which parts of different sections apply when someone submits an application for certification with the commission. Basically, it outlines that for reviewing an application and issuing a certification, the rules found in certain parts of Section 25523 must be followed. Additionally, it states that specific provisions from Section 25519 and other sections like 25527 and 25538 must also be adhered to.

(a)CA Public Resources Code § 25545.8(a) For the consideration of an application and the issuance of a certification under this chapter, the commission shall comply with the requirements of subdivisions (a), (e), (g), and (h), inclusive, of Section 25523.
(b)CA Public Resources Code § 25545.8(b) Subdivisions (f), (g), (j), and (k) of Section 25519 and Sections 25527 and 25538 apply to an application submitted pursuant to this chapter.

Section § 25545.9

Explanation

This law requires that before a commission can approve a site and its facilities, they must determine that it will benefit the local economy positively. The benefits could include job creation, housing and infrastructure development, support for schools and public safety, and tax revenues.

Additionally, there is an assumption that the construction or operation of these facilities will generally have a positive economic impact on the community unless proven otherwise.

(a)CA Public Resources Code § 25545.9(a) The commission shall not certify a site and related facility under this chapter unless the commission finds that the construction or operation of the facility will have an overall net positive economic benefit to the local government that would have had permitting authority over the site and related facility. For purposes of this section, economic benefits may include, but are not limited to, any of the following:
(1)CA Public Resources Code § 25545.9(a)(1) Employment growth.
(2)CA Public Resources Code § 25545.9(a)(2) Housing development.
(3)CA Public Resources Code § 25545.9(a)(3) Infrastructure and environmental improvements.
(4)CA Public Resources Code § 25545.9(a)(4) Assistance to public schools and education.
(5)CA Public Resources Code § 25545.9(a)(5) Assistance to public safety agencies and departments.
(6)CA Public Resources Code § 25545.9(a)(6) Property taxes and sales and use tax revenues.
(b)CA Public Resources Code § 25545.9(b) There shall be a rebuttable presumption that the construction or operation of the facility will have an overall net positive economic benefit to the local government that would have had permitting authority over the site and related facility.

Section § 25545.3.3

Explanation

This law requires that any application for a covered construction project must include a certification from the applicant that the project meets all specified requirements. The applicant also needs to certify whether the entire project is a public work or not. If it is not entirely a public work, then certain labor conditions must be met. These include paying all construction workers at least the prevailing wage rates, ensuring that apprentices are paid appropriately, and employing apprentices at a minimum required ratio.

Contractors and subcontractors must maintain payroll records and may be audited for compliance, except when a project labor agreement is in place. A project labor agreement must cover payment of prevailing wages, a plan for hiring disadvantaged workers, and commitments to increase the use of apprentices, including those who have completed specific training programs.

An application for a covered project submitted under this chapter shall include the applicant’s certification that it will meet the requirements of a covered project and the commission shall make the requirements a condition of certification. The application shall also include the applicant’s certification that either of the following is true:
(a)CA Public Resources Code § 25545.3.3(a) The entirety of the construction of the covered 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 § 25545.3.3(b) The construction of the covered project is not in its entirety a public work for which prevailing wages must be paid under Article 1 (commencing with Section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code, but all construction workers employed on 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 pursuant to 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 subdivision, for those portions of the project that are not a public work, all of the following shall apply:
(1)CA Public Resources Code § 25545.3.3(b)(1) The applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work.
(2)CA Public Resources Code § 25545.3.3(b)(2) All contractors and subcontractors shall pay to all construction workers employed in the construction of the project 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.
(3)CA Public Resources Code § 25545.3.3(b)(3) All contractors and subcontractors performing construction work on the project shall employ apprentices at no less than the ratio required in Section 1777.5 of the Labor Code.
(4)CA Public Resources Code § 25545.3.3(b)(4) Except as provided in paragraph (6), all contractors and subcontractors performing construction work shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code, make those records available for inspection and copying as provided therein, and furnish those payroll records to the Labor Commissioner pursuant to Section 1771.4 of the Labor Code.
(5)CA Public Resources Code § 25545.3.3(b)(5) Except as provided in paragraph (6), the obligation of the contractors and subcontractors to pay prevailing wages and employ apprentices may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though 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 pursuant to Section 1742.1 of the Labor Code.
(6)CA Public Resources Code § 25545.3.3(b)(6) Paragraphs (4) and (5) do not apply if all contractors and subcontractors performing construction work on the project are subject to a project labor agreement. The project labor agreement shall also include, but not be limited to, all of the following:
(A)CA Public Resources Code § 25545.3.3(b)(6)(A) Provisions requiring payment of prevailing wages to all construction workers employed in the construction of the project and for enforcement of that obligation through an arbitration procedure.
(B)CA Public Resources Code § 25545.3.3(b)(6)(B) Targeted hiring provisions, including a targeted hiring plan, on a craft-by-craft basis to address job access for local, disadvantaged, or underrepresented workers, as defined by a relevant local agency.
(C)CA Public Resources Code § 25545.3.3(b)(6)(C) Apprenticeship utilization provisions that commit all parties to increasing the share of work performed by state-registered apprentices above the state-mandated minimum ratio required in Section 1777.5 of the Labor Code.
(D)CA Public Resources Code § 25545.3.3(b)(6)(D) Apprenticeship utilization provisions that commit all parties to hiring and retaining a certain percentage of state-registered apprentices that have completed the Multi-Craft Core preapprenticeship training curriculum referenced in subdivision (t) of Section 14005 of the Unemployment Insurance Code.

Section § 25545.3.5

Explanation

This California statute requires that any application for a covered construction project must include a certification that a skilled and trained workforce will be used. This means all contractors and subcontractors at every level must employ workers who are considered skilled and trained.

If contractors or subcontractors don't comply, they can face penalties. The penalties are handled by the Labor Commissioner and can be assessed up to 18 months after the project is completed.

The applicant is responsible for keeping records of compliance for at least three years after the project finishes, which must be shared with the commission upon request and are subject to public inspection.

However, if the project is governed by a project labor agreement, contractors and subcontractors can be exempt from some penalties, provided the agreement includes specific provisions like workforce compliance and targeted hiring plans.

An application for a covered project submitted under this chapter shall include the applicant’s certification that a skilled and trained workforce will be used to perform all construction work on the project and all of the following apply:
(a)CA Public Resources Code § 25545.3.5(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 construct the project.
(b)CA Public Resources Code § 25545.3.5(b) Every contractor and subcontractor shall use a skilled and trained workforce to construct the project.
(c)CA Public Resources Code § 25545.3.5(c) Except as provided in subdivision (e), contractors and subcontractors that fail to use a skilled and trained workforce shall be subject to the penalties provided in Section 2603 of the Public Contract Code. Penalties for a contractor’s or subcontractor’s failure to comply with the requirement to use a skilled and trained workforce 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 pursuant to Section 2603 of the Public Contract Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(d)CA Public Resources Code § 25545.3.5(d) For purposes of this subdivision, an applicant shall be considered to be an “awarding body” under Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. Except as provided in subdivision (e), the applicant shall retain records, including copies of monthly reports, that demonstrate compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code while the project or contract is being performed and for three years after completion of the project or contract. The applicant shall submit these records immediately upon request of the commission. When submitted to the commission, these records 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.
(e)CA Public Resources Code § 25545.3.5(e) Subdivisions (c) and (d) do not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement. The project labor agreement shall also include, but not be limited to, all of the following:
(1)CA Public Resources Code § 25545.3.5(e)(1) Provisions requiring compliance with the skilled and trained workforce requirement and for enforcement of that obligation through an arbitration procedure.
(2)CA Public Resources Code § 25545.3.5(e)(2) Targeted hiring provisions, including a targeted hiring plan, on a craft-by-craft basis to address job access for local, disadvantaged, or underrepresented workers, as defined by a local agency.
(3)CA Public Resources Code § 25545.3.5(e)(3) Apprenticeship utilization provisions that commit all parties to increasing the share of work performed by state-registered apprentices above the state-mandated minimum ratio required in Section 1777.5 of the Labor Code.
(4)CA Public Resources Code § 25545.3.5(e)(4) Apprenticeship utilization provisions that commit all parties to hiring and retaining a certain percentage of state-registered apprentices that have completed the Multi-Craft Core preapprenticeship training curriculum referenced in subdivision (t) of Section 14005 of the Unemployment Insurance Code.

Section § 25545.7.2

Explanation

This law outlines the process the commission must follow for public involvement when assessing applications that might impact the environment. It requires the commission to start by notifying the public within three days once an application is complete, then organize various meetings to gather input from the public.

A public informational meeting must occur within 10 to 30 days, where the public learns about the site and project, understands how to engage with the review process, and can provide their comments.

The commission should also hold a public workshop after 10 days and up to 60 days post-notice, and a public scoping meeting within 30 days after the notice is prepared. These are to ensure community input is considered in the decision-making process. Meetings may be conducted concurrently to streamline the process.

The commission shall conduct public outreach to solicit input on an application to identify the range of actions, alternatives, mitigation measures, and significant effects to be analyzed in depth in the environmental impact report, mitigated negative declaration, or negative declaration as follows:
(a)CA Public Resources Code § 25545.7.2(a) Within three days after the application is deemed complete pursuant to Section 25545.4, the commission shall issue a notice of preparation, if applicable, pursuant to Section 15082 of Title 14 of the California Code of Regulations.
(b)Copy CA Public Resources Code § 25545.7.2(b)
(1)Copy CA Public Resources Code § 25545.7.2(b)(1) No sooner than 10 days and no later than 30 days after the application is deemed complete pursuant to Section 25545.4, the commission shall conduct a public informational meeting as close as practicable to the proposed site. The commission shall provide notice of the informational meeting at least 10 days before the meeting. The notice shall be sent electronically to all persons who have requested to receive a notice from the commission on action related to certification pursuant to this chapter and to all persons who the commission’s executive director, in consultation with the public advisor of the commission, determines to be concerned with the application. The informational meeting shall provide all of the following:
(A)CA Public Resources Code § 25545.7.2(b)(1)(A) Information on the proposed site and related facility from the applicant and from commission staff.
(B)CA Public Resources Code § 25545.7.2(b)(1)(B) Information on how to participate in the commission’s review of the application.
(C)CA Public Resources Code § 25545.7.2(b)(1)(C) A reasonable opportunity for the public to comment on the application.
(2)CA Public Resources Code § 25545.7.2(b)(2) No sooner than 10 days after the application is deemed complete pursuant to Section 25545.4 and, if applicable, no later than 60 days after the issuance of the notice of availability pursuant to section 25545.7.6, the commission shall conduct a public workshop in the community nearest to the proposed site. The commission shall provide the notice in the same manner as required for the notice of the informational meeting pursuant to paragraph (1).
(3)CA Public Resources Code § 25545.7.2(b)(3) Not later than 30 days after the issuance of the notice of preparation, the commission shall conduct a public scoping meeting pursuant to subdivision (c) of Section 15082 of Title 14 of the California Code of Regulations as close as practicable to the proposed site.
(c)CA Public Resources Code § 25545.7.2(c) The commission may conduct the informational meeting at the same time as the scoping meeting.

Section § 25545.7.4

Explanation

If you're planning a development project, this law requires the commission to consult with California Native American tribes tied to the site's location. Within five days of application approval, they must contact tribes, get input, and consider their views in environmental reports.

Tribal cultural resources must be treated according to specific standards. If the project potentially harms these resources, tribal monitors will oversee any related construction work. The law ensures tribal historical and cultural concerns are respected during development.

The rules aim to align with existing standards for tribal cultural resources without causing any conflicts.

(a)CA Public Resources Code § 25545.7.4(a) Within five days after the application is deemed complete pursuant to Section 25545.4, the commission shall submit the application to all California Native American tribes that are culturally and traditionally associated with the geographic area of the proposed site and initiate consultation, as defined in Section 65352.4 of the Government Code, with those tribes pursuant to Sections 21080.3.1, 21080.3.2, and 21082.3. In order to expedite compliance with this subdivision, the commission shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development.
(b)CA Public Resources Code § 25545.7.4(b) Treatment of tribal cultural resources shall comply with Section 21084.3.
(c)CA Public Resources Code § 25545.7.4(c) During the consultation process, the commission shall invite California Native American tribes to contribute their expertise and knowledge. The commission shall, where feasible, incorporate the California Native American tribes’ expertise and knowledge into an environmental impact report or other environmental document.
(d)CA Public Resources Code § 25545.7.4(d) If the commission concludes that tribal cultural resources would be adversely affected by ground disturbing activities, the commission shall include in any license granted a requirement that tribal monitors monitor any archaeological, earthwork, and ground disturbing activities associated with the facility if monitors have been designated pursuant to this subdivision. Tribal monitors shall be designated by the California Native American tribes that are culturally or traditionally associated with the geographic area of the proposed site to observe and monitor activities at the site and may include tribal historic preservation officers and additional technically appropriate experts, as needed.
(e)CA Public Resources Code § 25545.7.4(e) It is the intent of the Legislature that this section does not conflict with the tribal cultural resource baseline standards established in Chapter 532 of the Statutes of 2014.

Section § 25545.7.6

Explanation

This law section outlines the process and timeline for public involvement in evaluating the environmental impact of a proposed site in California. After a draft report is available, there must be a public meeting held no sooner than 30 days and no later than 60 days after notice. Public review and comment must last at least 60 days. After finishing the final report, the commission needs to discuss certifying it in a public meeting at least 30 days later. Additionally, the commission can hold more public meetings if needed.

(a)CA Public Resources Code § 25545.7.6(a) No sooner than 30 days and no later than 60 days after the issuance of the notice of availability of the draft environmental impact report, mitigated negative declaration, or negative declaration, the commission shall hold at least one public meeting on the draft environmental impact report, mitigated negative declaration, or negative declaration as close as practicable to the proposed site.
(b)CA Public Resources Code § 25545.7.6(b) Notwithstanding subdivision (a) of Section 21091, the public review and comment period for the draft environmental impact report, mitigated negative declaration, or negative declaration for an application shall be at least 60 days.
(c)CA Public Resources Code § 25545.7.6(c) No sooner than 30 days after the completion of the final environmental impact report, mitigated negative declaration, or negative declaration, the commission shall consider the certification of the environmental impact report, mitigated negative declaration, or negative declaration of the application at a public meeting.
(d)CA Public Resources Code § 25545.7.6(d) This chapter does not limit the commission from holding additional public meetings.