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<ns0:Id>20250SB__088799INT</ns0:Id>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-01-13</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Padilla</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_OPPOSITE">(Coauthor: Assembly Member Connolly)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Padilla</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Connolly</ns0:Name>
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<ns0:Title> An act to amend Sections 21080, 21080.69, and 21180 of the Public Resources Code, relating to environmental quality.</ns0:Title>
<ns0:RelatingClause>environmental quality</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>California Environmental Quality Act: environmental leadership development projects: data centers.</ns0:Subject>
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<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts ministerial projects from its requirements. CEQA also exempts from its requirements a project that consists exclusively of a facility for advanced
manufacturing, as specified.
</html:p>
<html:p>This bill would specify that projects proposed to be carried out or approved by a public agency for the development and operation of a data center, as defined, are not ministerial projects exempt from CEQA. Because the bill would require the public agency to comply with CEQA for those data center projects that would otherwise be exempt from CEQA as ministerial projects, the bill would impose a state-mandated local program.</html:p>
<html:p>This bill would specify that the CEQA exemption for an advanced manufacturing facility does not apply to a data center, as defined.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Jobs and Economic Improvement Through Environmental Leadership Act of 2021 authorizes the Governor, until January 1, 2032, to certify environmental leadership development projects that meet specified requirements for certain streamlining benefits related to CEQA. The act,
among other things, requires a lead agency to prepare the record of proceedings for an environmental leadership development project concurrent with the administrative process and to provide a specified notice within 10 days of the Governor certifying the project. The act is repealed by its own terms on January 1, 2034.
</html:p>
<html:p>This bill would extend the application of the act to a data center, as defined, that is certified by the lead agency to meet specified conditions. By increasing the duties of a lead agency, the bill would impose a state-mandated local program.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a
specified reason.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
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<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
California drives worldwide technological innovation, and that innovation is an important component of the state’s economy, which is the fifth largest economy in the world.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
California supports technological innovation with a world-class university system that provides a highly skilled workforce, and research and development tax incentives and other tools to facilitate the development and expansion of the state’s technology economy.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
California is the home of the third largest number of data centers in the country behind Virginia and
Texas.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The quickly evolving development of artificial intelligence requires large-format data centers that currently require extremely large loads of electricity and water. While that expanded energy demand can help support the larger electrical grid and ordinary ratepayers, if managed incorrectly, it could pose a serious threat to California’s climate goals and, more importantly, can result in significant cost shifts to ordinary ratepayers and risks of costly stranded assets if projects do not meet projected energy estimates.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Ordinary ratepayers in many states are already experiencing significant rate increases for both energy and water as utilities race to build out the necessary infrastructure and meet the energy and water demands of an exploding number of data centers across the country.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
According to
recent research, data centers have significantly increased electrical and water demand in California between 2019 and 2023 and that explosive growth is expected to increase through the rest of the decade.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
On the current trajectory, demand for electricity and water could rise over 350 percent in just five years between 2023 and 2028, creating significant cost pressures on electricity and access to clean water across the state of California.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
As the nation’s technology, innovation, and environmental leader, it is critical that the Legislature develop standards to encourage continued technology development while protecting California residents from shouldering the cost of data center development and ensuring that development does not come at the cost of Californians’ clean air and water.
</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 21080 of the
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is amended to read:
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<ns0:Num>21080.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This division does not apply to any of the following activities:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Ministerial
projects proposed to be carried out or approved by public agencies.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Subparagraph(A) does not apply to a project proposed to be carried out or approved by a public agency for the development and operation of a data center. For purposes of this paragraph, “data center” means a large-scale energy consumer that requires uninterruptible electricity to serve a facility housing servers and related data center equipment and software for the processing, storage, and distribution of data.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Emergency repairs to public service facilities necessary to maintain service.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged
or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Specific actions necessary to prevent or mitigate an emergency.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Projects that a public agency rejects or disapproves.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative
declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Activities or approvals for the bidding, hosting or staging of, and funding of, an Olympic Games and a Paralympic Games under the authority of the International Olympic Committee or the International Paralympic Committee, except for the construction of facilities necessary for the Olympic Games or Paralympic Games.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), the division does not
apply to the construction of temporary facilities for the 2028 Olympic Games and Paralympic Games. For purposes of this subparagraph, “temporary facility” means a facility that will be completely removed and the area restored to a clean and safe condition within six months after the end of the 2028 Olympic Games and Paralympic Games.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any confirmed changes to the locations of the competition venues of the 2028 Olympic Games and Paralympic Games venue plan, pursuant to the host city contract and games agreement with the City of Los Angeles, shall be noticed publicly on the organizing committee’s official internet website and shall be noticed in a newspaper or other medium of general circulation in the local jurisdiction notifying the public of the change in location of the venue.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
This paragraph does not limit any other applicable statute or regulation governing impacts from
temporary facilities to, among others, sensitive wildlife habitats, including, but not limited to, riparian lands, wetlands, bays, estuaries, marshes, and habitats for endangered, rare, and threatened species.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth
with specificity the basis for the claim of exemption.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
All classes of projects designated pursuant to Section 21084.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, “highway” has the same meaning as defined in Section 360 of the Vehicle Code.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive
public mass transit guideway or busway public transit services.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant
to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a
significant effect on the environment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other
mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen
the likelihood of the occurrence of a significant effect on the environment, the lead agency’s approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 21080.69 of the
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is amended to read:
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<ns0:Num>21080.69.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subdivision (b), this division does not apply to any of the following projects:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A project that consists exclusively of a day care center, as defined in Section 1596.76 of the Health and Safety Code, that is not located in a residential area.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A project that consists exclusively of a rural health clinic, as defined by Section 1396(d)(l)(1) of Title 42 of the United States Code, or a federally qualified health center, as defined by Section 1396(d)(l)(2) of Title 42 of the United States Code, if the facility is less than 50,000 square feet in total space.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A project that consists exclusively of a
nonprofit food bank or food pantry, defined as a nonprofit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (26 U.S.C. Sec. 501(c)(3)), that solicits, stores, and distributes sufficient food to their defined service area, if the project is located on a site that is zoned exclusively for industrial uses.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A project that consists exclusively of a facility for advanced manufacturing, if the project is located on a site zoned exclusively for industrial uses.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of subparagraph (A), “advanced manufacturing” has the same meaning as defined in Section 26003, except it does not include a data center, as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 21080.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section does not apply to a project located on natural and protected lands, as defined pursuant to Section 21067.5.
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 21180 of the
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<ns0:Num>21180.</ns0:Num>
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<html:p>For purposes of this chapter, the following definitions apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Environmental leadership development project,” “leadership project,” or “project” means a project as described in Section 21065 that is one of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A residential, retail, commercial, sports, cultural, entertainment, or recreational use project that is certified as Leadership in Energy and Environmental Design (LEED) gold or better by the United States Green Building Council and, where
applicable, that achieves a 15-percent greater standard for transportation efficiency than for comparable projects. These projects must be located on an infill site. For a project that is within a metropolitan planning organization for which a sustainable communities strategy or alternative planning strategy is in effect, the infill project shall be consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board has accepted a metropolitan planning organization’s determination, under subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A clean renewable energy
project that generates electricity exclusively through wind or solar, but not including waste incineration or conversion.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A clean energy manufacturing project that manufactures products, equipment, or components used for renewable energy generation, energy efficiency, or for the production of clean alternative fuel vehicles.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A housing development project that meets all of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The housing development project is located on an infill site.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For a housing development project that is located within a metropolitan planning organization for which a sustainable communities strategy or alternative planning strategy is in effect, the project is consistent with the general use designation, density,
building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board has accepted a metropolitan planning organization’s determination, under subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1) of subdivision (a) of Section 21183, the housing development project will result in a minimum investment of fifteen million dollars ($15,000,000) in California upon completion of construction.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Except as provided in subclause (II), at least 15 percent of the housing development project is dedicated as
housing that is affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Upon completion of a housing development project that is qualified under this paragraph and is certified by the Governor, the lead agency or applicant of the project shall notify the Office of Planning and Research of the number of housing units and affordable housing units established by the project.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Notwithstanding subclause (I), if a local agency has adopted an inclusionary zoning ordinance that establishes a minimum percentage for affordable housing within the jurisdiction in which the housing development project is located that is higher than 15 percent, the percentage specified in the inclusionary zoning ordinance shall be the threshold for affordable housing.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Except for use as a residential hotel, as defined in Section 50519
of the Health and Safety Code, no part of the housing development project shall be used for a rental unit for a term shorter than 30 days, or designated for hotel, motel, bed and breakfast inn, or other transient lodging use.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
No part of the housing development project shall be used for manufacturing or industrial uses.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this paragraph, “housing development project” means a project for any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Residential units only.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Transitional housing or supportive housing.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A data center project certified by the lead agency to meet all of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Pays the full cost of interconnection to prevent cost shifts to other ratepayers.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Does not increase fossil fuel consumption within the state.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Includes zero-carbon energy storage with at least four hours of capacity at 100 percent of forecasted peak demand for the facility.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Uses onsite zero-carbon energy storage to provide demand response
services to the electrical grid.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Relies on zero-carbon generation located behind the meter to the maximum extent feasible.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Recovers fully from the data center operator all electrical grid investments, including costs of new generating capacity, to serve the data center in the event the data center ceases operations.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
Uses recycled water and water-efficient technology or waterless cooling systems.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
Will rely on 100 percent zero-carbon electricity resources to serve hourly energy needs within five years of initial operations, of which 75 percent shall be newly developed.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
Contains a community benefits program.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
Contains a project labor agreement and prevailing wage requirement, consistent with Section 21183.5.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this paragraph, “data center” means a commercial facility primarily used to house computer servers and associated equipment for processing, storing, or transmitting data that require at least 50 megawatts of peak demand and consume 1,000,000 gallons of water per day.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Infill site” has the same meaning as set forth in Section 21061.3.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Transportation efficiency” means the number of vehicle trips by employees, visitors, or customers of the residential, retail, commercial, sports, cultural, entertainment, or recreational use project divided by
the total number of employees, visitors, and customers.
</html:p>
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<ns0:Num>SEC. 5.</ns0:Num>
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<html:p>The amendment of Section 21080.69 of the Public Resources Code made by this act does not constitute a change in, but is declaratory of, existing law.</html:p>
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<ns0:BillSection id="id_F4A6EE30-0669-4F55-BB1A-361EC54C88FB">
<ns0:Num>SEC. 6.</ns0:Num>
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<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
</html:p>
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