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<ns0:Id>20250AB__083996AMD</ns0:Id>
<ns0:VersionNum>96</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-19</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-03-24</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-04-11</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-06-24</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:MeasureNum>839</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Blanca Rubio</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Blanca Rubio</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>An act to amend Sections 21189.81, 21189.82, and 21189.83 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: expedited judicial review: sustainable aviation fuel projects.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>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 (EIR) 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.</html:p>
<html:p>CEQA authorizes the Governor to certify projects meeting certain requirements as infrastructure projects and provide those certified
projects with certain streamlining benefits, including requiring the lead agency to prepare the record of proceedings concurrently with the environmental review process and requiring the resolution of an action or proceeding challenging the certification of an EIR for certified projects or the granting of any project approvals, to the extent feasible, within 270 days of the filing of the record of proceedings with the court, as specified. Existing law requires the lead agency, within 10 days of the certification of an infrastructure project, to provide a public notice of the certification, as provided. If a lead agency fails to approve a project certified as an infrastructure project before January 1, 2033, existing law specifies that the certification is no longer valid.</html:p>
<html:p>This bill would authorize the Governor to certify up to 3 sustainable aviation fuel projects, as defined, meeting certain requirements, as infrastructure projects, thereby providing the above
streamlining benefits to those projects. By expanding the duties of a lead agency as they relate to infrastructure projects and to sustainable aviation fuel projects, this bill would impose a state-mandated local program.</html:p>
<html:p>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:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<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:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_6CAD71A8-D3AC-420F-9EF4-7B7EE65AF2CB">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Climate change is causing historic droughts, devastating wildfires, torrential storms, extreme heat, the deaths of millions of trees, billions of dollars in property damage, and threats to human health and food supplies.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Over several decades, California policymakers have worked to reduce mobile and stationary emissions to address air quality and climate change, including investments in cleaner transportation for mobile ground transportation, public transit, and trucking.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Between the years 2000 to 2022, inclusive, greenhouse gas emissions fell by 20 percent, and much of the reduction in emissions came from the transportation sector and the increased use of renewable fuels, which will remain a key strategy until electric technology and infrastructure are firmly in place.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
United States commercial aviation contributes about 2 percent of the nation’s greenhouse gas emissions. The commercial aviation industry in the United States has pledged to achieve net-zero carbon emissions by 2050, and likewise, through the International Civil Aviation Organization, commercial airlines have agreed on a global scale to achieve net-zero emissions by 2050.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
To achieve these goals, the greatest solution available is sustainable aviation fuel
(SAF), which reduces lifecycle greenhouse gases by up to 80 percent or more, depending on the feedstock and production pathway, and reduces particulate matter emissions by 50 percent. The aviation industry has invested heavily in SAF technology research and development and production, and through offtake agreements for SAF available in the market.
SAF producers in the United States have also invested heavily in the production of SAF, roughly doubling capacity each year since 2021.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Battery technology has not advanced far enough for original equipment manufacturers to be able to produce a safe and proven electric aircraft for long-haul flights, and it is anticipated to be several decades away before one could be federally approved and commercially available. SAF will power the reduction of emissions for the aviation industry in the coming decades and until there is full fleet turnover. Focusing on investing in the state’s aviation infrastructure and in-state sustainable aviation fuel production capacity can meaningfully reduce greenhouse gas and criteria pollutant emissions from aviation.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Decarbonizing aviation can create local jobs, local and state tax revenue, and economic growth at this critical time by using waste stream feedstocks available in the state in large quantities to produce sustainable aviation fuel. Technologically feasible feedstocks include woody biomass from forest fuels management, agricultural residues, postseparated municipal solid waste, fats, oils, and greases. Harvesting these feedstocks, constructing sustainable aviation fuel production facilities, operating sustainable aviation fuel plants, and transporting sustainable aviation fuel to airports in the state all offer new green job opportunities for state residents and a direct transfer of traditional oil and gas jobs as the sector transitions.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
In 2017, the State Air Resources Board adopted regulations authorizing SAF as an opt-in
sustainable fuel for credits under the Low Carbon Fuel Standard, and in October 2024, the State Air Resources Board entered into an agreement with the national aviation industry through Airlines for America to identify appropriate incentives for SAF production and use in California. These incentives would draw SAF to California for offtake, as
well as draw new production to California. The State Air Resources Board has established a goal of 200,000,000 gallons of SAF use by 2035. The state’s 2022 Scoping Plan calls for at least 80 percent of commercial aviation propulsion fuels for intrastate flights to consist of SAF by 2045, or approximately 3,500,000,000 gallons of SAF.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
In March 2025, the International Air Transport Association announced they will likely need to revisit the 2050 net-zero goals established by the association and by the International Civil Aviation Organization in 2022 because of the low volume of SAF production on an international scale.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
In order to meet the state’s goal of reaching 200,000,000 gallons of SAF by 2035 and net-zero emissions by 2045, it is critical to facilitate an SAF
infrastructure to provide capacity for the production, disbursement, storage, and delivery of SAF. An expedited judicial review of complaints filed following certification of an SAF infrastructure project environmental impact report pursuant to the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) will maintain the integrity of the intended goals for CEQA while ensuring a level of certainty over the timeframe for judicial review of essential SAF infrastructure.
</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 21189.81 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_4DB9DE78-0619-4541-94CF-E74B3810245F">
<ns0:Num>21189.81.</ns0:Num>
<ns0:LawSectionVersion id="id_58BBA32F-CA13-412B-82E9-1511F1C916D8">
<ns0:Content>
<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"/>
“Disadvantaged community” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area identified as a disadvantaged unincorporated community pursuant to Section 65302.10 of the Government Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Electrical transmission facility project”
means a project for the construction and operation of an electrical transmission facility that meets either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An electrical transmission facility project identified by the Independent System Operator in its annual transmission planning process that meets either of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The project will facilitate delivery of electricity from renewable energy resources or zero-carbon resources.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The project will facilitate delivery of electricity from energy storage projects.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An electrical transmission facility project identified by a local publicly owned electric utility that would satisfy a transmission expansion need approved
by the governing body of the local publicly owned electric utility and that meets either of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The project will facilitate delivery of electricity from renewable energy resources or zero-carbon resources.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The project will facilitate delivery of electricity from energy storage projects.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Energy infrastructure project” means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An eligible renewable energy resource, as defined in Section 399.12 of the Public Utilities Code, excluding resources that combust biomass fuels.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
New energy storage systems of 20 megawatts
or more, that are capable of discharging for at least two hours, provided that a pumped hydro facility may qualify only if it is less than or equal to 500 megawatts and has been directly appropriated funding by the state before January 1, 2023.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A project for which the applicant has certified that a capital investment of at least two hundred fifty million dollars ($250,000,000) made over a period of five years and the project is for either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The manufacture, production, or assembly of
specialized products, components, or systems that are integral to renewable energy or energy storage technologies.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An electrical transmission facility project, provided that nothing in this chapter affects the jurisdiction of the California Coastal Commission pursuant to Division 20 (commencing with Section 30000) to regulate such projects if located in the coastal zone.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The Hydrogen Program established pursuant to Section 25664.1.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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 867)), if that act is approved by the voters at the November 5, 2024, statewide general election.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any project to develop a facility within the meaning of subdivision (b) of Section 25545 shall meet the requirements of Sections 25545.3.3 and 25545.3.5, except that those requirements shall also apply to
solar photovoltaic and terrestrial wind electrical generating powerplants with a generating capacity of between 20 and 50 megawatts and energy storage projects capable of storing between 80 and 200 megawatthours of electrical energy.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Infrastructure project” means a project that is certified pursuant to Sections 21189.82 and 21189.83 as any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An energy infrastructure project.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A semiconductor or microelectronic project.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A sustainable
aviation fuel project.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A transportation-related project.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A water-related project.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Semiconductor or microelectronic project” means a project that meets the requirements related to investment in new or expanded facilities and is awarded funds under the federal Creating Helpful Incentives to Produce Semiconductors Act of 2022 (Public Law 117-167), commonly known as the CHIPS Act of 2022, and the requirements of Section 21183.5.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Sustainable aviation fuel project” means a project for the new
construction, conversion, or expansion of a facility to manufacture, process, store, distribute, or transport sustainable aviation fuel or feedstock used for the production of sustainable aviation fuel, or to manufacture electrochemical components used for the production of sustainable aviation fuel, that meets all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The project meets the requirements of Section 21183.5.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The project does
not use fossil fuels in its production process.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the project involves the conversion or replacement of an existing Title V source, as defined in Section 39053.5 of the Health and Safety Code, the project will reduce emissions of air pollutants compared to the baseline environmental conditions in the vicinity of the project, as determined by the applicable air district.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the project does not involve the conversion or replacement of an existing Title V source, as defined in Section 39053.5 of the Health and Safety Code, the project will not cause a significant effect on the environment attributable to any air pollutant, as determined by the applicable air district.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Sustainable aviation fuel” means hydrocarbon fuel
that meets the ASTM International (ASTM) standard D7566 for aviation turbine fuel containing synthesized hydrocarbons and can be used as alternative jet fuel, as defined in Section 95481 of Title 17 of the California Code of Regulations, that meets the requirements of Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Transportation-related project” means a transportation infrastructure project that advances one or more of, and does not conflict with, the following goals related to the Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Build toward an integrated, statewide rail and transit network.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Invest in networks of safe and accessible bicycle and pedestrian infrastructure.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Include investments in light-, medium-, and heavy-duty zero-emission vehicle infrastructure.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Develop a zero-emission freight transportation system.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Reduce public health and economic harms and maximize community benefits.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Make safety improvements to reduce fatalities and severe injuries of all users towards zero.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Assess and integrate assessments of physical climate risk.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Promote projects that do not significantly increase passenger vehicle travel.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Promote compact infill development while protecting residents and businesses from displacement.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Protect natural and working lands.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Transportation-related projects are public works for the purposes of Section 1720 of the Labor Code and shall comply with the applicable provisions of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Water-related project” means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A project that is approved to implement a groundwater sustainability
plan that the Department of Water Resources has determined is in compliance with Sections 10727.2 and 10727.4 of the Water Code or to implement an interim groundwater sustainability plan adopted pursuant to Section 10735.6 of the Water Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A water storage project funded by the California Water Commission pursuant to Chapter 8 (commencing with Section 79750) of Division 26.7 of the Water Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In addition to clause (i), the applicant shall demonstrate that the project will minimize the intake or diversion of water except during times of surplus water and prioritizes the discharge of water for ecological benefits or to mitigate an emergency, including, but not limited to, dam repair, levee repair, wetland restoration, marshland restoration, or
habitat preservation, or other public benefits described in Section 79753 of the Water Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Projects for the development of recycled water, as defined in Section 13050 of the Water Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Contaminant and salt removal projects, including groundwater desalination and associated treatment, storage, conveyance, and distribution facilities. This shall not include seawater desalination.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Projects exclusively for canal or other conveyance maintenance and repair.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Water-related projects are public works for the purposes of Section 1720 of the Labor Code and shall comply with the applicable provisions of Chapter 1 (commencing with Section 1720)
of Part 7 of Division 2 of the Labor Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Water-related project” does not include the design or construction of through-Delta conveyance facilities of the Sacramento-San Joaquin Delta.
</html:p>
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<ns0:BillSection id="id_DF3C151D-6D42-474F-B465-23E47BCD97E6">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 21189.82 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:Num>21189.82.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The Governor may certify a project as an energy infrastructure project for purposes of this chapter if the project meets the requirements of subdivision (d) of Section 21189.81.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In addition to subparagraph (A), if the applicant is not the lead agency, the Governor shall ensure all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The applicant agrees to pay the costs of the trial court and the court of appeal in hearing and deciding any case challenging a lead agency’s action on a certified project under this division, including payment of the costs for the appointment of a special master if
deemed appropriate by the court, in a form and manner as provided in the rule of court adopted by the Judicial Council under Section 21189.85.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The applicant agrees to pay the costs of preparing the record of proceedings for the project concurrent with the review and consideration of the project under this division, in a form and manner specified by the lead agency for the project.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For a project for which environmental review has commenced, the applicant demonstrates that the record of proceedings is being prepared in accordance with Section 21189.86.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The Governor may certify a project as a semiconductor or microelectronic project for purposes of this chapter if the project meets the
requirements of subdivision (f) of Section 21189.81.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In addition to subparagraph (A), if the applicant is not the lead agency, the Governor shall ensure all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The applicant agrees to pay the costs of the trial court and the court of appeal in hearing and deciding any case challenging a lead agency’s action on a certified project under this division, including payment of the costs for the appointment of a special master if deemed appropriate by the court, in a form and manner as provided in the rule of court adopted by the Judicial Council under Section 21189.85.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The applicant agrees to pay the costs of preparing the record of proceedings for the project concurrent with the review and consideration
of the project under this division, in a form and manner specified by the lead agency for the project.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For a project for which environmental review has commenced, the applicant demonstrates that the record of proceedings is being prepared in accordance with Section 21189.86.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Governor may certify up to 20 transportation-related projects for purposes of this chapter, including up to 10 state projects proposed by the Department of Transportation and up to 10 local or regional projects, that meet the requirements of subdivision (i) of Section 21189.81.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The Governor may certify a project as a water-related project for purposes of this chapter if the project meets the requirements of
subdivision (j) of Section 21189.81.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In addition to subparagraph (A), the Governor shall ensure all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The applicant agrees to pay the costs of the trial court and the court of appeal in hearing and deciding any case challenging a lead agency’s action on a certified project under this division, including payment of the costs for the appointment of a special master if deemed appropriate by the court, in a form and manner as provided in the rule of court adopted by the Judicial Council under Section 21189.85.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The applicant agrees to pay the costs of preparing the record of proceedings for the project concurrent with the review and consideration of the project under this division, in a form and manner
specified by the lead agency for the project.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For a project for which environmental review has commenced, the applicant demonstrates that the record of proceedings is being prepared in accordance with Section 21189.86.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In addition to subparagraphs (A) and (B), the Governor may certify a project as a water-related project for purposes of this chapter only if the Governor finds that greenhouse gas emissions resulting from the project will be mitigated to the extent feasible.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The Governor may certify up to three sustainable aviation fuel projects for purposes of this chapter if the project meets the requirements of subdivision (g) of Section 21189.81.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In addition to subparagraph (A), the Governor shall ensure all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The applicant agrees to pay the costs of the trial court and the court of appeal in hearing and deciding any case challenging a lead agency’s action on a certified project under this division, including payment of the costs for the appointment of a special master if deemed appropriate by the court, in a form and manner as provided in the rule of court adopted by the Judicial Council under Section 21189.85.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The applicant agrees to pay the costs of preparing the record of proceedings for the project concurrent with the review and consideration of the project under this division, in a form and manner specified by the lead agency for the project.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For a project for which environmental review has commenced, the applicant demonstrates that the record of proceedings is being prepared in accordance with Section 21189.86.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Office of Land Use and Climate Innovation may consult with other state agencies on and may issue guidelines regarding applications for and the certification of projects under this chapter. Any guidelines issued under this subdivision are not subject to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An applicant for certification of an infrastructure project under this chapter shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Avoid or minimize significant environmental impacts in any disadvantaged community.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If measures are required pursuant to this division to mitigate significant environmental impacts in a disadvantaged community, mitigate those impacts consistent with this division, including Section 21002. Mitigation measures required under this subdivision shall be undertaken in, and directly benefit, the affected community.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Enter into a binding and enforceable agreement to comply with this subdivision in its application to the Governor and to the lead agency prior to the agency’s certification of the environmental impact report for the project.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Office of Land Use and Climate Innovation shall make evidence
and materials submitted for the certification of a project available to the public on its internet website at least 15 days before the certification of the project.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The Governor’s decision to certify a project shall not be subject to judicial review.
</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 21189.83 of the
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is amended to read:
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<ns0:Num>21189.83.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
In addition to the requirements of Section 21189.82, with respect to any energy infrastructure project, semiconductor or microelectronic project, or sustainable aviation fuel project proposed by a private entity, the Governor may certify the project pursuant to this chapter only if the project does not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation. For purposes of this section, a project is deemed to meet the requirements of this section if the applicant demonstrates to the satisfaction of the Governor that the applicant has a binding commitment that it will mitigate impacts resulting from the emission of greenhouse gases, if any, in accordance with Section
21183.6.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In addition to the requirements of Section 21189.82, with respect to any transportation-related project, the Governor may certify the project pursuant to this chapter only if the project does not result in any net additional emission of greenhouse gases, excluding greenhouse gas emissions from employee transportation. For purposes of this section, a project is deemed to meet the requirements of this section if the applicant demonstrates to the satisfaction of the Governor that the applicant has a binding commitment that it will mitigate impacts resulting from the emission of greenhouse gases, if any, preferably through direct emissions reductions where feasible, but where not feasible, then through the use of offsets that are real, permanent, verifiable, and enforceable, and that provide a specific,
quantifiable, and direct environmental and public health benefit to the same air pollution control district or air quality management district in which the project is located, but if all of the project impacts cannot be feasibly and fully mitigated in the same air pollution control district or air quality management district, then remaining unmitigated impacts shall be mitigated through the use of offsets that provide a specific, quantifiable, and direct environmental and public health benefit to the region in which the project is located.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The applicant shall be responsible for the costs of preparing an analysis of the emission of greenhouse gases resulting from the project.
</html:p>
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<ns0:BillSection id="id_29CEC574-9BE3-4B98-ACB6-79A108053535">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:Content>
<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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