Article 7 - Program Environmental Impact Report for Clean Infrastructure Projects

California Public Resources Code — §§ 21159.30-21159.33

Sections (5)

Added by Stats. 1993, Ch. 1130, Sec. 18. Effective January 1, 1994.

In the preparation of any environmental impact report pursuant to Section 21159.1 or 21159.2, the following deadlines shall apply:

(a)A lead agency shall determine whether an environmental impact report should be prepared within 30 days of its determination that the application for the project is complete.
(b)If the environmental impact report will be prepared under contract to the lead agency pursuant to Section 21082.1, the lead agency shall issue a request for proposals for preparation of the environmental impact report as soon as it has enough information to prepare a request for proposals, and in any event, not later than 30 days after the time for response to the notice of preparation has expired. The contract shall be awarded within 30 days of the response date for the request for proposals.

Added by Stats. 2025, Ch. 119, Sec. 17. (SB 254) Effective September 19, 2025.

The Legislature finds and declares that it is in the interest of the state to ensure that California’s environmental review processes are streamlined and optimized to ensure the most efficient process to approve clean infrastructure projects in a manner that does not weaken environmental protections or public participation.

Added by Stats. 2025, Ch. 119, Sec. 17. (SB 254) Effective September 19, 2025.

For purposes of this article, the following definitions apply:

(a)“Energy Commission” means the State Energy Resources Conservation and Development Commission.
(b)“Facility” has the same meaning as set forth in subdivision (b) of Section 25545, except for paragraph (4).

Added by Stats. 2025, Ch. 119, Sec. 17. (SB 254) Effective September 19, 2025.

(a)The Energy Commission shall prepare a program environmental impact report to analyze the development of a class or classes of facility for which the Energy Commission has received an application under the certification program established by Chapter 6.2 (commencing with Section 25545) of Division 15.
(b)The program environmental impact report shall comply with all requirements of this division, and shall contain all of the following:
(1)A description of the class or classes of facility being analyzed.
(2)A description of potential project locations.
(3)An analysis, to the extent feasible, of the potential environmental impacts of developing the class or classes of facility identified in paragraph (1).
(4)A description of potentially feasible mitigation measures to avoid or minimize the impacts identified in paragraph (3).
(5)An identification of trustee and potential responsible agencies with regulatory authority over the class or classes of facility identified in paragraph (1).
(6)An analysis of cumulative impacts and project alternatives.
(c)The Energy Commission shall consult with the public agencies identified in paragraph (5) of subdivision (b) in conducting the analysis of environmental impacts and identification of potentially feasible mitigation measures and

alternatives.

(d)The development of a class or classes of facility constitutes a program for the purposes of Section 21094.

Added by Stats. 2025, Ch. 119, Sec. 17. (SB 254) Effective September 19, 2025.

A public agency considering approval of a specific facility that is within the class or classes of facility described in the program environmental impact report prepared pursuant to Section 21159.32 may tier from that program environmental impact report pursuant to Section 21094 only if the project meets the requirements of Sections 25545.3.3 and 25545.3.5.