Chapter 6.2 - Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities

California Public Resources Code — §§ 25545-25545.19

Sections (8)

Amended by Stats. 2025, Ch. 372, Sec. 1. (AB 531) Effective January 1, 2026.

For purposes of this chapter, the following definitions apply:

(a)“California Native American tribe” has the same meaning as set forth in Section 21073.

(b)“Facility” means any of the following:

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

(B)Section 91530, as added by the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act

of 2024.

(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.

(7)A geothermal powerplant or a project that comprises multiple geothermal powerplants on a single site.

(c)“Site” means any location on which an eligible facility is constructed or is proposed to be constructed.

§ 25545.1

Amended by Stats. 2025, Ch. 119, Sec. 18. (SB 254) Effective September 19, 2025.

(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)(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)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)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)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.

§ 25545.10

Amended by Stats. 2025, Ch. 119, Sec. 28. (SB 254) Effective September 19, 2025.

(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)Terms of employment, such as wages and benefits, employment status, workplace health and safety, scheduling, and career advancement opportunities.

(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)Establishing a high road training partnership, as defined in Section 14005 of the Unemployment Insurance Code.

(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)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.

§ 25545.11

Added by Stats. 2022, Ch. 61, Sec. 4. (AB 205) Effective June 30, 2022.

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

§ 25545.12

Amended by Stats. 2025, Ch. 119, Sec. 29. (SB 254) Effective September 19, 2025.

(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)(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)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.

§ 25545.13

Added by Stats. 2022, Ch. 61, Sec. 4. (AB 205) Effective June 30, 2022.

(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)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)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.

§ 25545.16

Added by Stats. 2025, Ch. 407, Sec. 2. (SB 283) Effective January 1, 2026.

(a)For any application submitted after January 1, 2026, the commission shall not certify an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, pursuant to this chapter,

unless, within 90 days of the project applicant providing notice of completion of installation to the authority that has jurisdiction over fire suppression, but before commencing operations or use of the batteries, the energy storage system is inspected by the authority that has jurisdiction over fire suppression where the system is located. The applicant shall bear the cost of the inspection. The inspector shall be provided a copy of the documentation of the consultation required pursuant to subdivision (a) of Section 25545.19 submitted with the

application.

(b)If the inspection required pursuant to subdivision (a) has not occurred within 90 days after the notice of completion, the commission may certify or approve for operation the energy storage system.

(c)The commission shall include findings regarding compliance with the requirements of this section in a decision to certify an energy storage system pursuant to Section 25545.1.

§ 25545.19

Added by Stats. 2025, Ch. 407, Sec. 3. (SB 283) Effective January 1, 2026.

(a)In an application for an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, submitted in accordance with this chapter, the applicant shall certify that,

at least 30 days before submitting the application, the applicant met and conferred with the authority that has jurisdiction over fire suppression in the area where the energy storage system is proposed and discussed the energy storage system design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency action plans required by Section 761.3 of the Public Utilities Code. The application shall include documentation of this consultation, including the date, the names and titles of participants, a summary of matters

discussed, and a description of how the application addresses those matters.

(b)The authority that has jurisdiction over fire suppression shall have 30 days to respond to the request to meet and the meeting shall occur within 60 days of the initial request, unless otherwise agreed upon between the parties.

(c)If the authority that has jurisdiction over fire suppression declines the opportunity to meet and confer pursuant to subdivision (a), or does not respond to the request, the applicant shall document their interactions with the authority and may submit the application pursuant to this chapter.

(d)The commission shall include findings regarding compliance with the requirements of this section in a decision to certify an energy storage system pursuant to Section

25545.1.