ARTICLE 1. Title, Findings and Declarations, Purpose.
21010. Title.
This chapter shall be known and may be cited as the Building an Affordable California
Act.
21011. Findings and Declarations.
The People of the State ofCalifornia hereby find and declare the following:
(a) California's outdated system for approving essential projects is too slow, too
bureaucratic, and too costly. Essential projects like clean water, clean energy, hospitals,
affordable housing, roads, wildfire prevention, schools, public safety, and other infrastructure
improvements are being delayed or blocked by unnecessary red tape, bureaucratic delays, and
excessive lawsuits.
(b) These delays substantially increase the cost of living for all Californians. Research
shows that permitting delays alone add tens ofthousands of dollars to the price of a new home-­
driving up rents and mortgages for homeowners and renters. Similar red tape adds billions of
dollars to the cost ofbuilding hospitals, water infrastructure, roads, bridges, clean energy,
schools, broadband, and wildfire mitigation projects-costs ultimately passed on to consumers
and taxpayers.
(c) California's permitting laws were written more than 50 years ago, before today's
modem environmental laws were in place. That outdated system now works against the state's
environmental and public health goals by slowing down or blocking essential projects that would
reduce air pollution, lower greenhouse gas emissions, safeguard water supplies, protect
communities from wildfire, and preserve wildlife and the environment.
(d) The Building an Affordable California Act will modernize and streamline state law to
cut bureaucratic red tape and unnecessary delays; limit frivolous lawsuits that block essential
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projects while allowing public agencies and essential project applicants to continue sharing the
burden of defending against such suits; and speed up delivery ofprojects Californians rely on
every day.
(e) Every year of delay means Californians wait longer and pay more for the things they
need most. The Building an Affordable California Act applies to the state's most essential
projects, including:
(I) Clean drinking water and secure water supplies for communities across the state.
(2) Safe, modem hospitals and clinics to ensure access to affordable health care.
(3) Clean energy and reliable electricity to reduce energy bills and fight climate change.
(4) Housing of all types in order to make housing more affordable for families struggling
with skyrocketing rents and mortgages as well as vulnerable senior populations.
(5) Roads, bridges, and transit to cut traffic congestion and improve public safety.
(6) Wildfire prevention and resilience projects to protect lives, homes, and natural
resources.
(7) Safe, modernized public schools and educational facilities for students and educators.
(8) Broadband and telecommunications infrastructure to connect underserved
communities and expand opportunity.
(f) By speeding up these essential projects, the Building an Affordable California Act will
make California more affordable and lower the cost of housing, energy, electricity, health care,
and other necessities, while also reducing taxpayer costs for public works projects.
(g) The Building an Affordable California Act will also jump-start projects that create
well-paying jobs and put tens of thousands of Californians to work-especially in construction,
clean energy, and infrastructure-helping grow California's economy when it is needed most.
(h) Importantly, the Building an Affordable California Act maintains state and federal
clean air, clean water, and environmental protection laws such as the Endangered Species Act,
the Safe Drinking Water Act, the Toxic Substances Control Act, the Clean Water Act, the Clean
Air Act, the Environmental Quality Improvement Act, the Global Warming Solutions Act, the
California Coastal Act, and the Resource Conservation and Recovery Act. This chapter will help
build the projects needed to make California more affordable-without repealing these laws that
keep families and the environment safe.
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(i) We can and must build an affordable California.
21012. Statement of Purpose.
The purpose of this chapter is to make California more affordable by streamlining and
speeding approval of essential projects-reducing costs for families and taxpayers, improving
quality of life, creating good jobs, and maintaining California's strongest-in-the-world
environmental protections.
ARTICLE 2. Application of Chapter and Interaction with Other Laws.
21013. Projects Subject to this Chapter.
This chapter applies only to essential housing projects, essential clean energy projects,
essential water projects, essential public health projects, essential public safety projects, essential
broadband Internet access projects, essential education facility projects, and essential
transportation projects, which the People ofCalifornia hereby declare to be critical to their
quality of life and affordability in this state.
21014. Application of Chapter.
(a) This chapter does not diminish the authority of any public agency to approve or
disapprove an essential project. No outcomes on any proposed essential project are preordained
by this chapter.
(b) This chapter does not exempt any essential project from environmental review under
this division or any other law. Instead, this chapter establishes clear timelines and other
procedures for review under this division and administrative permit review for essential projects.
(c) Except as otherwise provided herein, this chapter shall apply to review and processing
of any and every application or approval for an essential project and its accompanying land use
entitlements, including without limitation, discretionary adjudicative and legislative land use
entitlements triggering programmatic, plan-level, or project-level environmental review under
this division.
(d) This chapter shall apply to all public agencies.
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(e)(l) To the extent a conflict exists between this chapter and any other law, this chapter
shall be controlling. Notwithstanding anything to the contrary, this chapter shall not abrogate or
limit any otherwise applicable statutory or categorical exemption from this division.
(2) Notwithstanding Section 21100 or any other law, the provisions of this chapter shall
control and supersede any conflicting requirement for environmental review of an essential
project, and any accompanying permit review. No provision of Section 21100 or any other law
shall invalidate or limit the application of this chapter to an essential project.
(t)(l) An application for an essential project that was submitted to a public agency prior
to the effective date ofthis chapter, and that has not yet received final approval prior to that date,
may be withdrawn and resubmitted after the effective date ofthis chapter.
(2) An application for an essential project that is withdrawn and resubmitted as provided
in paragraph ( 1) can be reviewed and approved pursuant to the provisions ofthis chapter.
(3) Essential housing projects with applications withdrawn and resubmitted as provided
in paragraph ( 1) shall not lose any vested rights or other benefits the applicant acquired through
any provisions of law, including without limitation, the Subdivision Map Act, Housing
Accountability Act (Section 65589.5 ofthe Government Code), the Builder's Remedy (Statutes
of 2024, chapter 268), and the Housing Crisis Act of 2019 (Statutes of2019, chapter 654 ). Vested
rights shall relate back to the date any preliminary application under Section 65941.1 of the
Government Code was submitted or the date vesting occurs under other applicable law.
( 4)(A) If an application for an essential project was deemed or determined complete prior
to the effective date ofthis chapter, the application shall be deemed complete for purposes ofthis
chapter, and a public agency shall not require additional completeness review.
(B) In circumstances where an application has been withdrawn and resubmitted as
provided in paragraph ( 1 ), any deadlines in this chapter that are triggered by the date an
application is determined or deemed to be complete shall be calculated from the time the
essential project application is resubmitted by the applicant.
(g) The timelines and deadlines set forth in this chapter shall apply to all essential project
applications that are determined or deemed complete, pursuant to Section 21017 or any other
law, after the effective date of this chapter irrespective ofthe date of the application's
submission.
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(h) Notwithstanding any other provision of law to the contrary:
(1) If an essential project is a portion or component of a larger project, the portion or
component that qualifies as an essential project may be processed, reviewed, and approved
pursuant to this chapter.
(2) If the whole of a project is an essential project, the essential project may be
implemented in multiple phases, and phased applications are not required to individually meet
the criteria for an essential project to be processed, reviewed, and approved pursuant to this
chapter.
(h) Unless otherwise stated herein, nothing in this chapter shall be construed to eliminate
or restrict a lead agency's discretion to determine an appropriate threshold or significance or
mitigation measure in preparing environmental review documents.
(i) Nothing in this chapter prohibits a public agency from imposing a fee upon an
applicant, consistent with Article XIII A and Article XIII C of the California Constitution, for
purposes ofcovering governmental costs associated with processing and reviewing essential
project applications.
(j) An applicant may consent to providing a public agency with additional time to
complete environmental review pursuant to Sections 21018 or 21019, or to make a decision on
other public agency action sought by the applicant pursuant to Section 21023, by agreeing to
withhold a written request that the applicant is otherwise entitled to submit pursuant to
subdivision (a) of Section 21020 or subdivision (b) ofSection 21023.
21015. Interaction with Other Laws.
(a) In order to maximize the ability to streamline and speed up approval of essential
projects, an applicant may elect to utilize none, some, or all ofthe provisions ofthis chapter, and
may do so in combination with, or as alternatives to, other land use and environmental review
laws, mechanisms, or procedures. Nothing in this chapter either (A) prohibits an applicant from
availing itself of other land use and environmental review laws that would provide for more
expeditious or advantageous review and approval of essential projects compared to this chapter;
or (B) requires an applicant seeking approval of a project that meets the definition of an essential
project to utilize this chapter.
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(b) To the extent that an ambiguity arises regarding how this chapter might operate in
conjunction with other provisions of law, the policies and intent set forth in Section 21029 shall
be controlling.
(c) The following provisions shall apply to an essential housing project:
(1) The prevailing wage provisions of paragraph (8) of subdivision (a) of Section 65913.4
ofthe Government Code shall apply solely to buildings over 85 feet in height above grade in any
essential housing project.
(2) The provisions ofparagraph (3) and paragraph (5) of subdivision (d) of Section
21080.66, as added by Section 59 of Chapter 22 ofthe Statutes of 2025 (Assembly Bill 130),
shall apply to an essential housing project that utilizes this chapter.
(3)(A) In addition to a direct contractor or subcontractor, the provisions of Section 218.9
of the Labor Code shall extend to the owner of an essential housing project during construction
of the essential housing project that utilizes this chapter.
(B) For purposes ofthis paragraph, "owner" means an owner as defined in subdivision
(e) of Section 8182 of the Civil Code.
(d) Notwithstanding subdivision (a):
(1) All essential projects that utilize this chapter shall comply with the requirements set
forth in Section 21016 pertaining to initial screening and tribal consultation.
(2) With the exception of essential housing projects, all essential projects that utilize this
chapter shall comply with the requirements set forth in Section 21028 pertaining to applying the
labor requirements described in Section 21183.5 to essential projects.
(3)(A) Except as provided in subparagraph (B), all essential housing projects that utilize
this chapter shall comply with the requirements set forth in subdivision ( c) pertaining to wages
and labor standards on essential housing projects.
(B) If an essential housing project applicant chooses to proceed in part pursuant to this
chapter, and in part pursuant to another voluntary streamlined environmental review processing
law codified outside ofthis chapter that also requires the use of either prevailing wages or a
project labor agreement, the applicant is required to comply with whatever prevailing wage or
project labor agreement requirements are mandated by the other streamlining law for essential
project components(s) that are processed and approved pursuant to such other streamlining law.
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ARTICLE 3. Initial Screening, Tribal Consultation, and Completeness of Essential Project
Applications.
21016. Tribal Cultural Resources: Initial Screening and Tribal Consultation on Essential
Projects.
(a) Pumose. The People ofthe State of California hereby declare that this section is
necessary in order to provide for early and meaningful tribal consultation as a key element of
essential project planning while maintaining protections for tribal cultural resources. Consulting
Tribes have knowledge and expertise concerning tribal cultural resources located within essential
project areas.
(b) Construction and Intemretation.
(1) Notwithstanding Section 21015 or any other provision of law, the tribal consultation
process for essential projects shall follow the provisions set forth in this section.
(2) Nothing in this chapter is intended to alter or conflict with federal government-togovernment consultation obligations involving Consulting Tribes.
(3) The timelines established in Article 4 shall not alter the duration of consultation with
a Consulting Tribe on an essential project pursuant to Sections 21080.3.1 and 21080.3.2.
(4) If any technical studies are conducted for the essential project that inform analysis,
measures and/or treatment of tribal cultural resources, Consulting Tribes shall be afforded the
opportunity to review and provide input on those studies.
(5) When provided by a Consulting Tribe, tribal traditional knowledge shall be
incorporated in the identification, treatment, and protection measures concerning tribal cultural
resources. As tribal cultural resources is a separate category from cultural resources and
archaeological resources, some archaeological methods and standards may not be appropriate for
tribal cultural resources. Ifthe lead agency elects not to utilize tribal methods and standards or
tribal traditional knowledge, it shall explain its decision in the environmental documents for the
essential project, supported by substantial evidence.
(6) All information regarding tribal cultural resources and tribal traditional knowledge
disclosed by a Consulting Tribe shall remain confidential consistent with subdivision ( c) of
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Section 21082.3, and such information shall not be disclosed in the administrative record of
proceedings without the permission ofthe Consulting Tribe. Lead agencies shall, in consultation
with affected Consulting Tribes, determine appropriate measures to maintain confidentiality of
information regarding tribal cultural resources and tribal traditional knowledge, including, but
not limited to, redaction ofprecise locations, restricted mapping, secure data storage, or other
protective handling of tribal cultural resources information. Any written explanation ~nder
paragraph (5) ofsubdivision (c) shall not be subject to challenge to the extent the lead
agency does not have permission from the Consulting Tribe to disclose supporting information
due to the confidentiality requirements ofthis paragraph.
(7) Completion of the initial screening process pursuant to subdivision ( c) operates
separately from, and does not modify, pause, or affect, any requirements or timelines set forth in
Section 2101 7 or any other provisions ofthis division.
(c) Initial screening. Upon the earlier of the applicant's submittal of a preliminary
application under any other law, the applicant's written notice under subdivision (b) of Section
21024, or an application for an essential project, an early screening to identify and evaluate tribal
cultural resources shall take place. An initial screening means the act ofparticipating in early
discussions, prior to an application being determined complete by the lead agency, through a
meet and confer process between the Consulting Tribe, lead agency, and applicant regarding the
potential effects a proposed essential project could have on tribal cultural resources. As part of
the initial screening process, all ofthe following shall occur:
(l)(A) An applicant shall provide the lead agency with the following existing
information:
(i) A description of the proposed essential project.
(ii) A conceptual site map showing the proposed footprint, alignment, or general
boundaries of the project area.
(iii) A vicinity map identifying major landmarks, roadways, and natural features.
(iv) Any geotechnical, environmental, and site-specific technical studies previously
developed to support meet and confer under paragraph ( 4) on early design, routing, or feasibility
analysis relating to and/or affecting tribal cultural resources.
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(v) For linear projects such as electric transmission lines, pipelines, rail lines, aqueducts,
communications lines, and roads, applicants must include the general corridor and the location of
any starting and ending facilities or substations.
(B) Applicants shall not be required to produce new studies or analyses for the purposes
of this subdivision. Any input under this section other than regarding the identification of tribal
cultural resources shall be provided during the tribal consultation process under subdivision ( d).
(2) Within 20 days ofreceiving the information described in paragraph (1), the lead
agency shall complete a records search for recorded and documented archaeological resources,
cultural resources, and tribal cultural resources within the proposed project area and the area of
potential effects (APE) (as that term is defined under 36 CFR § 800.16), as determined by the
lead agency, through the following:
(A) The Sacred Lands File maintained by the Native American Heritage Commission;
(B) The California Historical Resources Information System (CHRIS) maintained by the
Office ofHistoric Preservation; and
(C) The lead agency's records.
(3) Upon completing the search required by paragraph (2), the lead agency shall provide
Consulting Tribes all information obtained pursuant to paragraphs (1) and paragraph (2), as well
as an invitation to meet and confer pursuant to paragraph ( 4 ).
(4) After receiving the information provided by the lead agency pursuant to paragraph (3)
and upon the request of a Consulting Tribe, the Consulting Tribe, lead agency, and applicant shall
meet and confer regarding the proposed essential project and any known or recorded tribal
cultural resources, and a Consulting Tribe may share any information, including information in
tribal government registers. During the meet and confer, the three parties shall identify and
evaluate treatment and protection methods, measures, and conditions to address impacts on tribal
cultural resources, including avoidance and preservation in place. Unless otherwise agreed upon
by all parties, any agreements among all the parties from the meet and confer shall be finalized
during the tribal consultation process set forth in subdivision ( d). The results of the meet and
confer shall be documented and maintained by the lead agency in agreement with the Consulting
Tribe.
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(5)(A) If a Consulting Tribe does not respond to the initial screening invitation provided
by the lead agency pursuant to paragraph (3) within 30 days, then the initial screening process
under this subdivision shall be deemed to have concluded and the parties shall move into the
tribal consultation process set forth in subdivision (d). A Consulting Tribe's decision not to meet
and confer under the initial screening process in this subdivision shall in no way affect the
Consulting Tribe's ability or right to participate in the tribal consultation process set forth in
subdivision ( d).
(B) The initial screening process provided in this subdivision shall end when the tribal
consultation process set forth in subdivision ( d) begins.
(C) Where the tribal consultation process set forth in subdivision (d) does not apply, the
initial screening process under this subdivision shall terminate upon the earlier date of the
parties' agreement from the meet and confer pursuant to paragraph ( 4) or 30 days from the date
an application for an essential project is determined complete by the lead agency or deemed
complete by operation of law.
(d) Tribal consultation. Tribal consultation for an essential project shall be conducted
pursuant to Sections 21074, 21080.3.1, 21080.3.2, 21082.3, 21084.2, and 21084.3, except as
modified as follows:
(1) The purpose oftribal consultation is to identify tribal cultural resources and evaluate
treatment and protection measures for those tribal cultural resources, including the
implementation oftreatment and protection measures.
(2) Tribal consultation is not meaningful ifthe Consulting Tribe is not provided with
reasonably requested technical information, including, but not limited to, project information and
constraints, data, maps, and information concerning project activities as they relate to treatment
and protection oftribal cultural resources. During tribal consultation pursuant to this subdivision,
the lead agency shall engage in iterative discussions with the Consulting Tribe regarding the
development ofmitigation measures related to tribal cultural resources, including preliminary
concepts or approaches prior to publication of any draft environmental document. This includes
notifying the Consulting Tribe of any existing technical studies or reports in the lead agency's
possession that relate to tribal cultural resources on or in the vicinity ofthe essential project site,
to the extent permitted by applicable confidentiality laws, and providing the Consulting Tribe
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with access to such studies or reports. To the extent any draft environmental review document is
provided to the applicant for review in advance ofthe public comment period for that
environmental review document, such draft shall also be made available to the Consulting Tribe
at the time it is provided to the applicant. Nothing in this section shall be construed to require the
lead agency to prepare or circulate draft environmental review documents for purposes oftribal
consultation.
(3) Where the lead agency, a Consulting Tribe, and the applicant agree in writing to
measures to avoid or mitigate a significant effect on a tribal cultural resource, those measures
and any written agreement shall become enforceable conditions ofproject approval, subject to
the confidentiality requirements under paragraph ( 6) ofsubdivision (b ).
(e) Treatment and protection oftribal cultural resources. When feasible, damaging effects
to any tribal cultural resources shall be avoided.
(1) Consistent with subdivision (b) ofSection 21014, nothing in this subdivision alters
the lead agency's obligation under CEQA to avoid or mitigate significant impacts to tribal
cultural resources when feasible. Mitigation and treatment measures adopted in consultation with
the Consulting Tribe pursuant to this subdivision to avoid or minimize significant impacts to
tribal cultural resources shall be consistent with the following:
(A) Avoidance and preservation in place shall be considered when requested by the
Consulting Tribe. A tribal cultural resource may be avoided or preserved in place through project
design, buffering, or other protective measures to avoid the tribal cultural resources and protect
the cultural and natural context, or planning greenspace, parks, or other open space to
incorporate the tribal cultural resources with culturally appropriate protection and management
criteria, which are referenced in the project's environmental documents.
(B) If an essential project has the potential to cause a substantial adverse change in the
significance of a tribal cultural resource, and avoidance and preservation in place are not
feasible, the lead agency shall demonstrate and document the basis for that determination with
substantial evidence, and the Consulting Tribe may identify culturally appropriate mitigation
measures, which the lead agency shall consider and incorporate, to the extent feasible, in
developing mitigation and treatment measures in a manner consistent with paragraph (2) of
subdivision (b) of Section 21084.3.
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(C) When an essential project proposes construction-related ground disturbance
activities and when requested by the Consulting Tribe, the lead agency shall include inadvertent
discovery measures to reduce significant impacts to tribal cultural resources. Such measures
may include procedures for temporary halts of grading, identification and assessment protocols,
timing provisions, and additional treatment methods or protective measures.
(t) Essential project approval. A lead agency may only approve an essential project
pursuant to this section when all of the following apply:
(1) Tribal consultation has concluded in good faith;
(2) Where there is agreement among all parties under either paragraph ( 4) of subdivision
(c) or subdivision ( d), any agreed-upon mitigation and avoidance measures are included as
enforceable project conditions; and
(3) If avoidance and preservation in place is not feasible, the lead agency has
demonstrated and documented the basis for that determination with substantial evidence and
incorporated other measures to minimize impacts consistent with CEQA.
21017. Determining Completeness of Essential Project Applications.
(a)(l) When a public agency receives an initial application for an essential project, the
public agency shall review the application, make a written finding whether the application is
complete, and notify the applicant in writing ofthe determination.
(2) The written determination of completeness for an initial application shall be made
within 30 days ofthe public agency's receipt ofthe initial application. If the public agency fails
to provide a determination of completeness within 30 days, then the initial application shall be
deemed complete for the purposes ofthis chapter and this division.
(3) An application shall not be determined to be incomplete on the basis of (A)
informational or analytical studies or documents that were not required by the public agency in a
written, publicly available submittal requirement checklist or similar document in existence at
the time the initial application was submitted; or (B) statutes, regulations, rules, standards, or
ordinances that are not existing laws.
(b) Ifthe public agency's determination ofcompleteness finds that the initial application
for an essential project is incomplete, at the time that finding is made the public agency shall also
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provide the applicant with an exhaustive written corrections list containing thorough descriptions
ofthe items and specific information, or lack thereof, that led to the finding of incompleteness.
(c)(l)(A) The applicant shall, within 90 days of a notification that its initial application is
incomplete, submit additional information and/or a revised application that addresses the matters
identified on the written corrections list.
(B) If the applicant cannot comply with the 90-day deadline in subparagraph (A) to
submit either additional information or a revised application, the applicant shall notify the public
agency in writing why it is unable to do so and include an estimate of when it will be able to do
so.
(2) Upon any submission ofsupplemental information and/or a revised application, the
public agency shall determine if the supplemented submittal is complete based only on the
written corrections list provided by the agency pursuant to subdivision (b ). The public agency
shall provide a determination of completeness based upon the supplemented submittal within 30
days ofreceipt thereof. Ifthe public agency finds that the supplemented submittal is still
incomplete, at the time that finding is made the public agency shall provide the applicant with an
updated exhaustive written corrections list therefor. The updated written corrections list may only
contain items included on the written corrections list provided in response to the applicant's
initial application.
(3) If a supplemented submittal is again deemed incomplete, the applicant may submit
additional rounds ofsupplemental information and/or revised applications pursuant to the
procedures and timelines set forth in this subdivision.
(4) If the public agency fails to provide a determination of completeness within 30 days
of receiving either supplemental information and/or a revised application pursuant to paragraph
(2) or paragraph (3), the application shall be deemed complete for purposes ofthis chapter and
this division.
(5) A public agency shall not request or require an applicant to provide any new
information unless that information was included on the exhaustive written corrections list for
the immediately prior version ofthe application.
( d)( 1) A determination of completeness finding that an initial application, supplemented
application, or revised application is incomplete shall be appealable by the applicant to the public
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agency's planning commission, planning director, or other official with final authority over
application completeness. Ifthe public agency does not have a planning commission, planning
director, or other official with final authority over application completeness, then the appeal shall
be heard by the highest-ranking elected or appointed decision-making body or official ofthe
agency. There shall be a final written determination on the appeal not later than 60 days after
receipt of the applicant's written appeal.
(2) If the final written determination on the appeal is not made within the 60-day period
described in paragraph ( 1 ), the application shall be deemed complete for the purposes ofthis
chapter and this division.
(e) The applicant may bring a civil action challenging an adverse determination under
subdivision ( d). Any such action shall be commenced within 90 days ofan adverse final written
determination issued pursuant to subdivision ( d).
ARTICLE 4. Review of Completed Applications for Essential Projects.
21018. Local Agency Timeline for Completing Environmental Review of Essential Projects.
(a) A local agency that is acting as a lead agency ("local lead agency") for an application
or approval of an essential project shall decide whether the project is subject to subdivision (b ),
subdivision ( c ), or subdivision ( d) within 30 days of the earlier of the essential project
application being determined or deemed to be complete pursuant to Section 21017, or deemed
complete pursuant to any other law.
(b) Essential projects that require an environmental impact report. For essential projects
that require an environmental impact report, the local lead agency shall make a final
determination whether to certify an environmental impact report no later than 365 days after the
earlier of the essential project application being determined or deemed to be complete pursuant
to Section 21017, or deemed complete pursuant to any other law.
(c) Essential projects that require a negative declaration or mitigated negative declaration.
For essential projects that require a negative declaration or mitigated negative declaration, the
local lead agency shall make a final determination whether to adopt a negative declaration or
mitigated negative declaration no later than 180 days after the earlier ofthe essential project
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application being determined or deemed to be complete pursuant to Section 2101 7, or deemed
complete pursuant to any other law.
(d) For all other environmental review documentation prepared under this division or this
chapter for an application or approval of an essential project, the local lead agency shall, within
90 days after the earlier of the essential project application being determined or deemed to be
complete pursuant to Section 21017 or deemed complete pursuant to any other law, make a final
determination that the essential project is exempt from this division or that the essential project's
impacts were previously evaluated under a prior environmental review document pursuant to,
without limitation, Section 21083.3 or Section 21094.5, or an addendum pursuant to Section
15162 or Section 15164 of the State CEQA Guidelines.
(e) The deadlines set forth in subdivision (b), subdivision (c), and subdivision (d) shall be
extended upon written request from the applicant.
21019. Timeline for Completing Environmental Review of Essential Projects by Public
Agencies that are Not Local Agencies.
(a) A public agency other than a local agency that is acting as a lead agency ("non-local
lead agency") for an essential project shall decide whether the project is subject to subdivision
(b ), subdivision ( c ), or subdivision ( d) within 30 days ofthe earlier ofthe essential project
application being determined or deemed to be complete pursuant to Section 2101 7, or deemed
complete pursuant to any other law.
(b) Essential projects that require an environmental impact report. For essential projects
that require an environmental impact report, the non-local lead agency shall make a final
determination whether to certify an environmental impact report no later than 365 days after the
earlier ofthe essential project application being determined or deemed to be complete pursuant
to Section 21017, or deemed complete pursuant to any other law.
(c) Essential projects that require a negative declaration or mitigated negative declaration.
For essential projects that require a negative declaration or mitigated negative declaration, the
non-local lead agency shall make a final determination whether to adopt a negative declaration or
mitigated negative declaration no later than 180 days after the earlier of the essential project
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application being determined or deemed to be complete pursuant to Section 21017, or deemed
complete pursuant to any other law.
(d) For all other environmental review documentation prepared under this division or this
chapter for an application or approval ofan essential project, the non-local lead agency shall,
within 90 days after the earlier of the essential project application being determined or deemed to
be complete pursuant to Section 21017 or deemed complete pursuant to any other law, make a
final determination that the essential project is exempt from this division or that the essential
project's impacts were previously evaluated under a prior environmental review document
pursuant to, without limitation, Section 21083.3 or Section 21094.5, or an addendum pursuant to
Section 15162 or Section 15164 of the State CEQA Guidelines.
(e) The deadlines set forth in subdivision (b ), subdivision ( c ), and subdivision ( d) shall be
extended upon written request from the applicant.
21020. Noncompliance with Timelines for Completing Environmental Review of Essential
Projects.
(a) When a local lead agency or a non-local lead agency fails to comply with a deadline
set forth in subdivision (b) through subdivision ( d) of Section 21018, or subdivision (b) through
subdivision ( d) of Section 21019, the applicant may make a written request for the agency to
hold a meeting or hearing on the essential project as provided in this section.
(b) Within 60 days ofreceipt of a written request pursuant to subdivision (a), the local
lead agency or non-local lead agency shall do all ofthe following:
(1) Complete all environmental review documentation for the essential project; or
assemble available environmental review documentation including any applicant-prepared
environmental review document as is allowed under subdivision (b) of Section 21082.1 or any
other law.
(2) Hold a meeting or hearing on the essential project application as follows:
(A) Ifthe agency has a multi-member decision-making body subject to the Bagley-Keene
Open Meeting Act (Article 9 (commencing with Section 11120) ofChapter 1 ofPart 1 of
Division 3 ofTitle 2 ofthe Government Code), the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 ofTitle 5 ofthe Government Code), or
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similar open meeting law, the agency shall place the essential project on its agenda for a regular
or special meeting of the agency's highest-ranking decision-making body.
(B) If the agency does not have a multi-member decision-making body subject to the
Bagley-Keene Open Meeting Act, the Ralph M. Brown Act, or a similar open meeting law, then
the highest-ranking official of the agency, or their designee, shall hold a hearing with the
applicant on the essential project.
(3) Notwithstanding any other provision of this division or any other law or legal
requirement to the contrary, at the meeting or hearing described in paragraph (2), the agency
shall do both ofthe following:
(A) Make a final written determination on the available environmental review
documentation that has been completed as ofthe date ofthe meeting or hearing.
(B) Make a final written determination to approve or disapprove the essential project.
(c)(l) If the local lead agency or non-local lead agency has a planning commission or
planning director, upon receipt of a written request pursuant to subdivision (a), the planning
commission or planning director shall hold a regular or special meeting for the purpose of
providing a recommendation on the essential project.
(2) The meeting ofthe planning commission or planning director described in this
subdivision shall occur within 30 days ofreceipt of a written request pursuant to subdivision (a).
(3) Any environmental review documentation needed for the meeting described in this
subdivision shall be completed in advance of the date of the meeting as required by law.
(d) The deadlines set forth in subdivision (b) and subdivision ( c) shall only be extended
upon a written request made by the applicant.
(e) Except as provided in subdivision {t), a local lead agency and a non-local lead agency
have a nondiscretionary ministerial duty to comply with the deadlines set forth in this section or
in any written request made pursuant to subdivision ( d) and complete the actions described in
paragraph (3) of subdivision (b).
(t) If, prior to the expiration ofthe 60-day period provided in subdivision (b), the agency
completes all environmental documentation for the essential project and issues a final written
determination to approve the essential project, the agency and the applicant may mutually agree
Page 17 of41
in writing to cancel the meeting or hearing on the essential project required by paragraph (2) of
subdivision (b ).
(g)(1) An action under this division may be brought by the applicant challenging the
following:
(A) The agency's failure to comply with its nondiscretionary ministerial duties described
in subdivision (e).
(B) The agency's denial or imposition of unlawful conditions of approval on an essential
project.
(2) The action shall be commenced within 90 days ofthe agency's failure, denial, or
imposition described in paragraph ( 1 ).
(h) Notwithstanding any other provision ofthis section, Section 21018, or Section 21019,
where the lead agency for an essential project is also the applicant for that essential project, the
lead agency may extend any deadline contained in this section, Section 21018, or Section 21019
through a written notice that specifies the duration ofthe extension and the reason for it. The
notice shall be posted on the lead agency's website and included in the administrative record.
21021. Timeline for Public Comments on Essential Projects.
(a) A public agency shall circulate an environmental review document for an essential
project for public comment periods as follows:
(1) 20 days for a negative declaration or mitigated negative declaration or other document
requiring public circulation under state law.
(2) 45 days for a draft environmental impact report or subsequent or supplemental
environmental impact report.
(b) A public comment period described in subdivision (a) shall not be tolled or extended
except by a court of competent jurisdiction.
(c) If a public agency continues any public hearing on an essential project, or the CEQA
review ofthat essential project, the public agency shall continue the hearing to a date certain and,
upon approval ofthe continuance, close the public comment period. The public agency shall not
reopen the public comment period at any subsequent hearing on the essential project.
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(d)(l) Notwithstanding any other provision oflaw to the contrary, only the following
comments shall be included in the administrative record for an essential project:
(A) Electronic and written comments received during the public comment periods set
forth in subdivision (a).
(B) For CEQA determinations with no comment period set forth in subdivision (a),
electronic and written comments received at least 48 hours prior to a public hearing or noticed
decision on the environmental review documentation for the essential project.
(C)(i) For hearings or appeals of a CEQA determination, electronic and written comments
received at least 48 hours prior to a public hearing on issues that could not have been raised
during the public comment period set forth in subdivision (a) because of significant changes to
the essential project that precluded the issue from being raised during the public comment
period, or new information that was not known and could not have been known during the public
comment period.
(ii) "Significant changes to the essential project" shall not include any changes to an
essential project made in response to public comment, through the CEQA alternatives review
process, or through lead agency concerns identified during the CEQA process.
(D) Oral testimony at a noticed and recorded public hearing.
(2) All other public comments shall be disregarded and excluded from the administrative
record.
(e) Notwithstanding any other provision of law to the contrary, a response by the lead
agency or applicant to a comment described in paragraph ( 1) of subdivision ( d), or comments
from the applicant in response to a question from a public agency or to demonstrate the essential
project's compliance with this division, shall, without qualification, be included in the
administrative record for an essential project.
21022. Determination of Impacts.
Notwithstanding any other provision of law to the contrary:
(a)(l) A public agency considering whether to approve an essential project shall identify,
evaluate, determine significance, and mitigate the impacts of an essential project based on
compliance with existing laws.
Page 19 of41
(2) To the extent a public agency has published, adopted, or routinely used thresholds of
significance for environmental effects of essential projects on the earlier ofthe date a
preapplication or an application for an essential project is filed, an applicant may elect to vest
into any such thresholds of significance, in which case the public agency shall use them in
determining the significance of the essential project's environmental effects.
(b) An essential project's compliance with this division and the State CEQA Guidelines
shall be based solely upon the project's compliance with subdivision (b) of Section 21029.
(c) An applicant may waive the application of one or both of subdivision (a) or
subdivision (b) to an essential project by submitting a written request for a waiver to the public
agency.
21023. Other Public Agency Actions for Essential Projects.
(a) If an essential project requires any other public agency action that is not expressly
addressed by other provisions ofthis chapter, the public agency shall make a final written
decision thereon based on compliance with existing laws. The final written decision on the other
public agency action shall be completed as follows:
(1) Where a public agency is a lead agency for an essential project, the public agency
shall make the final decision concurrently with its certification of the environmental impact
report, adoption of a negative declaration or mitigated negative declaration, or determination of
previous evaluation or exemption from this division, as applicable.
(2) A state lead agency may delay the final decision required by paragraph (1) by up to 90
days if all of the following apply:
(A) Prior to December 31, 2025, the state agency had an established process set forth in
state statute or regulation for conducting evidentiary hearings on the type ofpublic agency action
being sought for the essential project.
(B) Prior to the deadline set forth in paragraph (1), the state agency provides written
notice to the applicant that it will go forward with an evidentiary hearing.
(3) Where an applicant seeks an approval for an essential project from a public agency
that was not a lead agency for that essential project during the first instance when the essential
project underwent environmental review pursuant to this division, such public agency shall make
Page 20 of41
a final written decision before the later of: (A) 90 days from the earlier ofthe date the application
for the public agency action was determined or deemed to be complete pursuant to Section
21017, or deemed complete pursuant to any other law; or (B) 1 day has passed from the date the
lead agency approved the project.
(b) When a public agency fails to comply with a deadline set forth in subdivision (a), the
applicant may make a written request for the public agency to hold a meeting or hearing on the
other public agency action sought from the public agency.
(c) Within 45 days ofreceipt of a written request pursuant to subdivision (b ), the public
agency shall do all of the following:
(1) Hold a meeting or hearing on the essential project application as follows:
(A) Ifthe public agency has a multi-member decision-making body subject to the
Bagley-Keene Open Meeting Act (Article 9 ( commencing with Section 11120) of Chapter 1 of
Part 1 of Division 3 ofTitle 2 of the Government Code), the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) ofPart 1 ofDivision 2 ofTitle 5 ofthe Government Code), or
similar open meeting law, the public agency shall place the other agency action sought from the
public agency on its agenda for a regular or special meeting ofthe agency's highest-ranking
decision-making body.
(B) Ifthe public agency does not have a multi-member decision-making body subject to
the Bagley-Keene Open Meeting Act, the Ralph M. Brown Act, or similar open meeting law,
then the highest-ranking official ofthe public agency, or his or her designee, shall hold a hearing
with the applicant on the other public agency action sought by the applicant.
(2) Notwithstanding any other provision ofthis division or any other law or legal
requirement to the contrary, at the meeting or hearing described in paragraph (1), the public
agency shall make a final written decision to whether grant or deny the other public agency
action sought by the applicant.
(d) The deadlines set forth in subdivision (a) and subdivision (c) shall only be extended
upon a written request made by the applicant.
(e) Except as provided in subdivision (f), a public agency has a nondiscretionary
ministerial duty to comply with the deadlines set forth in this section or in any written request
pursuant to subdivision (d) and make the decision described in paragraph (2) of subdivision (c).
Page 21 of41
(f) If, prior to the expiration ofthe 45-day period provided in subdivision (c), the public
agency makes a final written determination to grant the other public agency action sought for the
essential project, the public agency and the applicant may mutually agree in writing to cancel the
meeting or hearing required by paragraph (1) of subdivision (c).
(g)(1) An applicant may bring an action under this division challenging the following:
(A) The agency's failure to comply with its nondiscretionary ministerial duties described
in subdivision (e).
(B) The agency's denial or imposition of unlawful conditions of approval on the other
public agency action sought from the public agency.
(2) The action shall be commenced within 90 days ofthe agency's failure, denial, or
imposition described in paragraph ( 1 ).
ARTICLE 5. Preliminary Scoping Process and Streamlined Alternatives Analysis for
Essential Projects.
21024. Preliminary Scoping Process for Essential Projects.
(a) An applicant may, but is not required to, utilize the preliminary scoping process and
streamlined alternatives analysis as provided in this article. However, where an applicant
voluntarily chooses to utilize this preliminary scoping process and streamlined alternatives
analysis, it shall comply with this article.
(b )( 1) Prior to submitting an application for an essential project, an applicant that chooses
to proceed in accordance with this article shall provide written notice to the lead agency of its
intent to complete the scoping process and streamlined alternatives analysis set forth in this
article.
(2) The written notice shall present a preliminary overview and description ofthe
proposed essential project sufficient to inform the lead agency and the public of the anticipated
features ofthe project. The written notice is not required to include detailed engineering plans,
technical studies, or design-level drawings. The description shall include, to the extent known,
the following:
(A) The project's location, size, and boundaries.
Page 22 of41
(B) The principal components and fundamental purpose of the project.
(C) The general type of land use, facility, or infrastructure proposed.
(D) Any known or reasonably foreseeable resource areas that may be impacted.
(E) Any anticipated permits or approvals required from public agencies.
(3) The written notice shall also prominently identify an email address for the applicant
where the lead agency and the public may submit comments on the proposed essential project.
( c )( 1) After receipt by the lead agency of the written notice described in subdivision (b ),
the applicant and the lead agency shall engage in at least two meetings for the purpose of
discussing the proposed essential project, potential alternatives, and identifying potentially
impacted resource areas.
(2) The lead agency shall maintain a record of all meeting summaries.
(d)(l) The lead agency shall post the written notice received pursuant to subdivision (b)
on its website. The posting shall prominently identify the email address described in paragraph
(3) of subdivision (b) in order to facilitate the public's ability to submit comments to the
applicant via email.
(2) The applicant shall maintain a record summarizing public input received via email
during the preliminary scoping phase.
(3) The applicant shall not be required to respond to any input obtained pursuant to this
section.
(e) An applicant may, but shall not be required to, convene one or more public meetings
or workshops, including via virtual or online formats, for the purpose of obtaining additional
public input on the proposed essential project.
(f) The preliminary scoping process described in this section shall be completed within
not more than 60 days from the date that the lead agency received written notice pursuant to
subdivision (b ).
(g) Where an applicant does not elect to utilize the scoping process provided in this
section, other scoping requirements set forth in this division shall continue to apply.
(h) Notwithstanding any provision of this section, with respect to an essential housing
project, the preliminary scoping process provided herein shall not be a prerequisite to filing a
Page 23 of 41
preliminary application under the Housing Crisis Act of 2019 as enacted by Chapter 654 ofthe
Statutes of 2019 (Senate Bill 330).
21025. Streamlined Alternatives Analysis for Essential Projects.
(a) Upon completion of the preliminary scoping process set forth in Section 21024, the
applicant shall develop one proposed alternative to the essential project. The proposed
alternative shall take into consideration input obtained pursuant to Section 21024, and shall
comply with all ofthe following:
(l) The proposed alternative shall be compatible with the proposed essential project's
fundamental purpose as described pursuant to Section 21024.
(2) To the extent practicable, the proposed alternative should be designed to be
compatible with applicable local zoning and land use policies.
(3) The proposed alternative does not need to be located at a different site from the
proposed essential project.
(b) Notwithstanding Section 21100 or any other provision ofthis division, and except as
provided in subdivision (f), an environmental impact report prepared for an essential project that
complies with this article shall only analyze the following:
(1) The proposed essential project.
(2)(A) The applicant's proposed alternative developed pursuant to this article.
(B) For purposes of satisfying this article, the applicant's proposed alternative may
include an alternative or additional component of the proposed essential project, where such
additional or alternative component may include onsite or offsite physical improvements, or
alternative or additional operational parameters or programs, designed to lessen impacts.
(C) A proposed alternative developed pursuant to this article shall be presumed to lessen
impacts that the alternative is intended to address to a level of insignificance as long as the
applicant demonstrates that substantial evidence exists to support the presumption. However, the
presumption shall have no bearing or effect on whether the alternative is ultimately feasible or
environmentally preferred.
(3) The "no project" alternative. The "no project" alternative shall consider the
reasonably foreseeable environmental conditions that would result if the essential project is not
Page 24 of41
approved, including reasonably foreseeable future alternative uses ofthe site proposed for the
essential project, any environmental impacts from such alternative uses, and benefits resulting
from the essential project.
(c) The alternatives described in subdivision (b) for an essential project are sufficient for
all purposes under this chapter, this division, and any other law. Except as provided in
subdivision (f), all additional alternatives beyond those described in subdivision (b) are
unnecessary, and no public agency or other body or entity shall require analysis ofunnecessary
alternatives.
(d) Within 15 days after the close of the preliminary scoping process in Section 21024,
the applicant shall transmit to the lead agency a written submittal that includes:
(1) A description of the proposed essential project.
(2) A description of the single proposed alternative developed pursuant to this article.
(3) A description of the no project alternative described in paragraph (3) of subdivision
(b).
(e) The lead agency shall, within 15 days after receiving the proposed alternative, issue a
written certification stating whether the applicant has met the requirements ofthis article.
Alternatively, the lead agency may certify that the applicant has met the requirements of this
article by taking no affirmative action within 15 days after receiving the proposed alternative.
The lead agency's certification shall be final unless an interested party files an administrative
appeal within 5 days of the certification's issuance.
(t) Nothing in this article prohibits an applicant from proposing additional project
alternatives, at the applicant's discretion.
(g) Subject to the requirements ofthis chapter and any limitations imposed by other
provisions of law, the lead agency retains discretion to approve the proposed essential project,
approve the proposed alternative developed pursuant to this article, or select the "no project"
alternative.
(h) For purposes of this section, "proposed alternative" means a single potentially
feasible alternative to the essential project that is developed by the applicant.
ARTICLE 6. Judicial Review of Essential Project Approvals or Authorizations.
Page 25 of 41
21026. Judicial Review of Essential Project Approvals or Authorizations.
(a)(l) Any action or proceeding to attack, review, set aside, void, or annul any approval
or authorization by a public agency with respect to an essential project, on the grounds of
noncompliance with this chapter, this division, or the State CEQA Guidelines, shall be conducted
and completed in accordance with the requirements ofthis article.
(2) This article shall apply to any and all actions or proceedings pending on, or
commenced after, the effective date of this chapter.
(b )( 1) In any action or proceeding brought to attack, review, set aside, void, or annul an
approval or authorization of an essential project on the grounds ofnoncompliance with this
chapter, this division, or the State CEQA Guidelines as provided in subdivision (b) of Section
21029, a petitioner's claims shall be limited to a public agency's non-compliance with objective
existing laws, and the scope of the court's review shall be limited to whether the approval or
authorization complies objective existing laws.
(2) For the purpose ofthis subdivision, "objective" means involving no personal or
subjective judgment and being uniformly verifiable by reference to an external and uniform
benchmark or criterion available and knowable by both the applicant and the public agency
before the application was submitted.
( c )( 1) In any action or proceeding to attack, review, set aside, void, or annul an approval
or authorization of an essential project on the grounds of noncompliance with this chapter, this
division, or the State CEQA Guidelines as provided in subdivision (b) of Section 21029, the
court shall only determine whether the approval or authorization is supported by substantial
evidence in light ofthe whole record.
(2) In any action or proceeding, to attack, review, set aside, void, or annul a public
agency's approval or authorization of an essential project on the grounds that it has been made
without completing the public participation procedures, the court shall only determine whether
the failure to comply with the public participation procedures was arbitrary and capricious and
resulted in prejudicial error.
Page 26 of41
(3) Nothing in this division or the State CEQA Guidelines shall be applied or construed
as imposing procedural or substantive requirements beyond those explicitly set forth in this
division or the State CEQA Guidelines as modified or limited by the provisions ofthis chapter.
(d) Nothing in this article shall be construed to supersede Section 1756 and Section 1759
ofthe Public Utilities Code, or any other provision of law governing judicial review of orders or
decisions of the Public Utilities Commission.
21027. Timelines and Processes Applicable to Judicial Review of Essential Project
Approvals or Authorizations.
(a) Timelines.
(l)(A) An action or proceeding, to attack, review, set aside, void, or annul a public
agency's approval or authorization of an essential project shall be commenced within 30 days
from the date the public agency files a notice of determination or notice of exemption pursuant to
Section 21152 or Section 21108. The action or proceeding shall be completed within 270 days,
inclusive of original and appellate court proceedings, pursuant to the judicial streamlining
procedures applicable to environmental leadership development projects under Section 21185.
(B) The court may, in its own discretion, extend the 270-day deadline contained in
subparagraph (A) by up to an additional 90 days
(2) Notwithstanding any contrary provision in Section 21185 or any rule adopted by the
Judicial Council, and except as provided in subparagraph (B) ofparagraph (1), the 270-day
deadline in paragraph ( 1) shall only be extended upon mutual written consent of the
plaintiff/petitioner, the public agency, and the applicant.
(b) Administrative Record.
The whole administrative record consists only of notices, studies, and other documents
consistent with the following:
(1) Documents required under this division to be sent or distributed to members ofthe
public by the lead agency, made available to the public at a public repository such as a library, or
included on the website ofthe lead agency; and
(2) With respect to public comments, comments described in subdivision ( d) of Section
21021, and responses and comments described in subdivision ( e) of Section 21021.
Page 27 of41
(c) Remedies.
(1) If the court finds, as a result of a trial, hearing, or remand from an appellate court, that
a public agency's approval or authorization of an essential project is not supported by substantial
evidence in the record, the court shall issue an order and peremptory writ of mandate explaining
the deficiency with specificity as to which requirement ofthis division or the State CEQA
Guidelines with which the approval or authorization does not comply; and identify what part,
phase, or activity of an essential project was affected by the noncompliance.
(2) The remedy shall be limited only to prohibiting commencement ofthe noncomplying
part, phase, or activity until such time that the noncompliance is corrected.
(3) When such required corrective actions have been completed, the public agency shall
file a return to the writ affirming compliance, and the court shall thereafter dismiss the action or
proceeding. A court may not order or direct via writ or any other form of order, injunction, or
decision that a public agency rescind its approval or authorization of the essential project.
(4) Any essential project part, phase, or activity not within the scope of the deficiency
identified in the writ shall not be subject to the writ, and is not subject to further challenge in an
action or proceeding under this division.
(d) Subsequent Approvals or Authorizations.
(1) No further action or proceeding to challenge the implementation through completion
of construction or subsequent approval or authorization of an essential project, or portion of an
essential project, may be filed if the public agency's approval or authorization was not subject to
a judicial challenge, the public agency approval or authorization was challenged and upheld, or
the public agency has filed a return to the writ which has been accepted as satisfactory by the
court pursuant to subdivision ( c ).
(2) Minor modifications to an essential project which do not result in any new significant
impacts, or which do not substantially worsen any previously identified significant impacts, of
the initially approved essential project, may not be challenged in an action or proceeding under
this division.
(e) Injunctive Relief.
(1) Upon a showing by clear and convincing evidence that an essential project would
have a specific, adverse impact upon public safety, and there is no feasible method to
Page 28 of41
satisfactorily mitigate or avoid the specific, adverse impact upon public safety, a court may order
that construction or completion of the particular essential project component that would result in
the specific, adverse impact upon public safety be halted or prohibited solely by issuing a
temporary injunction.
(2) For purposes ofparagraph (1), satisfactory mitigation to avoid the specific, adverse
impact upon public safety shall be deemed to exist upon either of the following:
(A) A public agency's subsequent decision to modify the essential project to avoid or
mitigate to a less than significant that specific, adverse public safety impact ( and which shall not
require the agency to take any further action under this division).
(B) A public agency's determination that the specific, adverse impact upon public safety
cannot be avoided or mitigated to a less than significant level following preparation of an
environmental impact report or supplemental environmental impact report addressing only that
specific, adverse public safety impact under the timelines and procedures set forth in this chapter.
ARTICLE 7. Definitions.
21028. Definitions.
For purposes ofthis chapter, as used in both the singular and plural form, the following
definitions shall apply:
(a) "Applicant" means any person, legal entity, public agency, or public utility that
proposes an essential project.
(b) "Approval or authorization" means any approval, authorization, determination,
finding, financing, real property transaction or contract, or other public agency actions that
further the advancement, construction, completion, or realization of an essential project.
(c) "California educational institution" means all ofthe following: a school district; a
county superintendent of schools; a county board of education; a community college district; a
state special school; the Board ofGovernors of the California Community Colleges or the
Chancellor ofthe California Community Colleges; the California State University or the Board
ofTrustees ofthe California State University; the University of California or the Regents ofthe
University ofCalifornia; the University ofCalifornia Law San Francisco (formerly Hastings
College ofthe Law); a charter school established pursuant to Part 26.8 (commencing with
Page 29 of41
Section 47600) of Division 4 ofTitle 2 ofthe Education Code; and a nonprofit college or
university with membership in the Association of Independent California Colleges and
Universities.
(d) "CEQA" means the California Environmental Quality Act (Division 13 ( commencing
with Section 21000) ofthe Public Resources Code).
(e)(l) "Consulting Tribe" means a tribe that appears on the most recent list published by
the United States pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C §
5131 ), and is traditionally and culturally affiliated with the geographic area ofthe proposed
esse~tial project.
(2) Notwithstanding Section 21073 or any other provision of law, "California Native
American tribe" as used in, or with respect to, Sections 21074, 21080.3.1, 21080.3.2, 21082.3,
21084.2, 21084.3, and this chapter, shall instead mean, and be read as, "Consulting Tribe" when
the project is an essential project.
(t) "Day" means the following:
(1) As used in Section 21018 and Section 21019, "day" means any day other than a
Saturday, Sunday, or any day designated as a state holiday.
(2) As used in any section of this chapter except for Section 21018 and Section 21019,
"day" means a calendar day.
(g) "Educational facility" means any real property, facility, structure, building, or fixture
that is owned or operated, or will be owned or operated upon completion, by one or more
California educational institutions for educational purposes.
(h) "Environmental review document" or "environmental review documentation" means
initial studies; negative declarations; mitigated negative declarations; draft and final
environmental impact reports; documents prepared as substitutes for environmental impact
reports; negative declaration and mitigated negative declarations under a program certified
pursuant to Section 21080.5; documents or documentation used to substantiate the applicability
ofstatutory or categorial exemptions from this division or streamlining provisions that include,
without limitation, those under Sections 21083.3 and 21094.4; addenda and other supplemental
or subsequent review documents; documents prepared under the National Environmental Policy
Act and used by a public agency in the place of any of the foregoing documents or
Page 30 of41
documentation; and environmental documents as defined in Section 15361 ofTitle 14 of the
California Code of Regulations.
(i)(1) "Essential broadband Internet access project" means a project to provide massmarket retail service by wire service, wireless service, or radio to customers in this state that
provides the capability to transmit data to, and receive data from, all or substantially all Internet
endpoints, including, but not limited to, any capabilities that are incidental to and enable the
operation ofthe communications service, but excluding dial-up Internet access service.
(2) An "essential broadband Internet access project" shall comply with all labor
requirements described in Section 21183.5.
(j)(l) "Essential clean energy project" means a project that supports California's climate,
energy efficiency, reliability, electrification, sustainability, or clean energy objectives through
one or more ofthe following:
(A)(i) Producing, generating, or storing electricity derived from renewable or sustainable
resources, including, but not limited to, solar, wind, geothermal, fuel cells that comply with the
emissions standards adopted by the State Air Resources Board pursuant to the distributed
generation certification program requirements of Section 94203 ofTitle 17 of the California
Code of Regulations, small hydroelectric generation of 30 megawatts or less, digester gas,
municipal solid waste conversion, landfill gas, ocean wave, ocean thermal, or tidal current, and
associated transmission lines.
(ii) "Associated transmission lines" means a transmission line that is required for the
interconnection or delivery of electricity from a facility described in clause (i).
(iii) Notwithstanding clause (i), this subparagraph excludes producing or generating
electricity from nuclear power.
(B) Producing, generating, storing, transmitting, or distributing clean hydrogen, which is
not derived from a fossil fuel feedstock.
(C) Developing, constructing, or installing microgrids and associated infrastructure. For
purposes ofthis subparagraph, "microgrid" means a microgrid as defined in subdivision ( d) of
Section 8370 of the Public Utilities Code.
Page 31 of41
(D) Capturing, transporting, and/or storing carbon dioxide emissions for permanent
isolation from sources including, but not limited to, energy production, manufacturing, or
refining facilities.
(E) Developing, constructing, upgrading, or expanding transmission or distribution
system components identified in a transmission planning process approved by the Independent
System Operator or in an Integrated Energy Policy Report adopted pursuant to Section 25302,
including financing ofsuch facilities, assets, or components through sale, lease, assignment,
mortgage, or other disposition or encumbrance requiring state agency approval.
(2) An "essential clean energy project" shall comply with all labor requirements
described in Section 21183.5.
(k)(1) "Essential education facility project" means the acquisition, construction,
expansion, remodeling, renovation, improvement, furnishing, or equipping of an educational
facility.
(2) An essential education facility project shall comply with all labor requirements
described in Section 21183 .5.
(I) "Essential housing project" means all ofthe following:
(1) Residential units only.
(2) A mixed-use development.
(3) Transitional housing, emergency shelters, or supportive housing, as defined in
subdivisions (g), (n), and ( q) of Section 65582 of the Government Code.
(4) Farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health
and Safety Code.
(5) Group living accommodations, meaning building(s) or portion of any building(s)
designed for or accommodating a residential use by persons not living together as a household,
typically without separate kitchens or bathroom facilities for each room or unit. This use
includes, without limitation, convents, monasteries, and other types of organizational housing.
(6) Student housing units, meaning any residential units or group living accommodation
intended for use by students, including, without limitation, dormitory-style student housing and
suite-style student housing.
Page 32 of41
(7)(A) Senior housing units, meaning any residential units or group living
accommodation of any size intended for occupation by persons 55 years of age or over,
including, without limitation, the following: (i) an intergenerational housing development; (ii)
senior congregate housing; (iii) a senior citizen housing development as defined in paragraph (4)
of subdivision (b) of Section 51.3 ofthe Civil Code; (iv) a residential care facility for the elderly
as defined in paragraph ( l) ofsubdivision ( o) ofSection 1569 .2 ofthe Health and Safety Code;
and (v) a continuing care retirement community as defined in paragraph (10) ofsubdivision (a)
of Section 1771 of the Health and Safety Code.
(B) This paragraph shall not be construed to limit the authority of a public agency to
categorize senior housing land uses as non-residential under its zoning ordinances or other laws,
except that senior housing units shall qualify as a "housing development project" under
paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code.
(8) A subdivision or common interest development, as defined in Section 4100 of the
Civil Code, consisting ofresidential units or unimproved residential lots.
(9) A conversion of an existing commercial building to residential use.
(m) "Essential project" means a project that meets all of the following requirements:
(l)(A) The project is an essential housing project, essential water project, essential clean
energy project, essential public health project, essential public safety project, essential broadband
Internet access project, essential education facility project, or essential transportation project.
(B) An essential project includes all related and ancillary public, private, and utility
infrastructure and public service facilities required by a utility or public agency, or included in an
essential project application as part of the "whole of the project," to serve a project identified in
subparagraph (A), such as electric, telecommunication, gas, water, wastewater, stormwater,
transit, police, fire, and transportation improvements that provide required public and utility
services and infrastructure to the project. Where a particular labor standard is applied to an
essential project by other provisions ofthis chapter, that labor standard shall apply to the
components of the essential project described in this subparagraph.
(2) The project does not include a jail or other detention facility, or involve the
development of a new oil or natural gas production facility.
(n)(l) "Essential public health project" means a medical treatment facility.
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(2) An "essential public health project" shall comply with all labor requirements
described in Section 21183 .5.
( o )( 1) "Essential public safety project" means a first responder facility or a wildfire risk
reduction project.
(2)(A) An "essential public safety project" shall comply with all labor requirements
described in Section 21183 .5.
(B) A wildfire risk reduction project limited to vegetation management, fuel reduction,
creating or maintaining fuel breaks, or reducing fuel loading that is undertaken directly by a
public agency using its own employees shall be deemed to comply with this paragraph ifthe
public agency's employees working on the project are covered by a collective bargaining
agreement or other state civil service laws that provide equivalent wage, training, and safety
standards.
(p)(l) "Essential transportation project" means the following:
(A) A project described in subdivision (a) or subdivision (b) of Section 2 ofArticle XIX
of the California Constitution.
(B) Electric vehicle charging and refueling infrastructure.
(2) An "essential transportation project" shall comply with all labor requirements
described in Section 21183 .5.
(3) An "essential transportation project" does not include a high-speed train, a high-speed
train system, a corridor, or a usable segment, as those terms are defined in Section 2704.01 ofthe
Streets and Highways Code, or any other component ofthe Safe, Reliable High-Speed Passenger
Train Bond Act for the 21st Century (Chapter 20 (commencing with Section 2704) of Division 3
ofthe Streets and Highways Code).
( q)( 1) "Essential water project" means any project or action to construct, expand, repair,
replace, improve, or augment any ofthe following: (A) a "public water system" as defined by
subdivision (h) of Section 116275 of the Health and Safety Code; (B) a system that directly or
indirectly provides water to a public water system; or (C) a system which is generally described
and within the scope of the State's Water Resilience Portfolio.
(2) An "essential water project" shall comply with all labor requirements described in
Section 21183.5.
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(3) "An essential water project" does not include Delta conveyance facilities as defined in
subdivision (f) of Section 79702 of the Water Code.
(r) "Existing laws" means the following:
(1) Formally adopted legal requirements contained in statutes, regulations, rules,
standards, or ordinances that existed and were in effect on the date an application for an essential
project was submitted to a public agency.
(2)(A) A formally adopted legal requirement contained in a statute, regulation, ordinance,
standard, or rule that was not in effect on the date an application for an essential project was
submitted to a public agency, but the lead agency makes a finding that that compliance with the
particular statute, regulation, ordinance, standard, or rule is necessary to mitigate or avoid a
specific, adverse life-safety impact, meaning a significant, quantifiable, direct, and unavoidable
life-safety impact, including life-safety impacts associated with new or emerging technologies,
materials, or grid-integration systems, and that is based on objective, identified and written
public safety standards, policies, or conditions. The lead agency shall notify the applicant within
72 hours of making a finding described in this subparagraph
(B) The finding described in subparagraph (A) must be made before the earlier of either
(i) environmental review ofthe essential project pursuant to this chapter has been completed; or
(ii) the initial building permit application or plan-review package has been submitted to the
authority having jurisdiction thereover.
(3) Any update to the California Building Standards Code, including, without limitation,
the California Fire Code that takes effect before the earlier of either (A) environmental review of
the essential project pursuant to this chapter has been completed; or (B) the initial building
permit application or plan-review package has been submitted to the authority having jurisdiction
thereover.
(s) "Feasible" means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, environmental, legal, social, and
technological factors.
(t)(l) "First responder facility" means all of the following:
(A) A fire station owned or operated by the State of California, a city, a county, a city and
county, a joint powers authority, a Consulting Tribe, or a special district.
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(B) A police station or sheriff's station owned or operated by a city, a county, a city and
county, a joint powers authority, or a special district but excluding any portion thereof used as a
jail or other detention facility.
(2) "First responder facility" does not include the following:
(A) Any facility owned, operated, or leased by the United States government.
(B) Any facility used as an immigration detention facility or a state prison.
(u) "Lead agency" means a lead agency as defined in Section 21067.
(v) "Local agency" means a public entity that is not a "state agency" as defined in this
article.
(w) "Medical office building" means a building whose primary function is to provide
office space for health care practitioners licensed, certified, registered, or otherwise authorized to
practice pursuant to Division 2 ofthe Business and Professions Code.
(x) "Medical treatment facility" means all ofthe following: (1) a health facility as defined
in Section 1250 ofthe Health and Safety Code; (2) a clinic as defined in Section 1200 ofthe
Health and Safety Code; and (3) a medical office building.
(y)(l) "Mixed-use development" means a development consisting ofresidential and
nonresidential uses that meets any of the following conditions:
(A) At least two-thirds of the new or converted square footage is designated for
residential use.
(B) At least 50 percent of the new or converted square footage is designated for
residential use and the project meets both ofthe following:
(i) The project includes at least 500 net new residential units.
(ii) No portion ofthe project is designated for use as a hotel, motel, bed and breakfast inn,
or other transient lodging, except a portion ofthe project may be designated for use as a
residential hotel, as defined in Section 50519 ofthe Health and Safety Code.
(C) At least 50 percent of the net new or converted square footage is designated for
residential use, ru:id the project meets all of the following:
(i) The project includes at least 500 net new residential units.
(ii) The project involves the demolition or conversion of at least 100,000 square feet of
nonresidential use to residential use.
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(iii) The project demolishes at least 50 percent of the existing nonresidential uses on the
site.
(iv) No portion of the project is designated for use as a hotel, motel, bed and breakfast
inn, or other transient lodging, except a portion of the project may be designated for use as a
residential hotel, as defined in Section 50519 of the Health and Safety Code.
(2) For purposes ofthis subdivision, nonresidential uses shall not include any heavy
industrial, extractive, port, refinery, or hazardous materials uses or designations.
(3) The minimum distance required between any nonresidential uses included in a mixeduse development and any existing off-site residential use shall be determined by state law.
(z) "Public agency" means a public agency as defined in Section 15379 ofTitle 14 of the
California Code ofRegulations; a responsible agency; a local agency; a state agency; a lead
agency; a local agency formation commission; a city; a county; a city and county; a special
district; a joint powers authority; or any other governmental authority created under state or local
law whether statewide, local, or regional in character.
(aa) "Public participation procedures" means the public participation procedures set forth
in Sections 21016, 21018, 21020, 20121, 21023, and 20124 ofthis chapter.
(bb) "Responsible Agency" means a responsible agency as defined in Section 15381 of
Title 14 of the California Code of Regulations.
(cc) "State agency" means a state agency as defined in subdivision (a) of Section 8557 of
the Government Code and any state body as defined in Section 11121 ofthe Government Code.
( dd) "State CEQA Guidelines" means Chapter 3 ( commencing with Section 15000) of
Division 6 ofTitle 14 of the California Code of Regulations.
( ee) "Substantial evidence" means enough relevant information and reasonable inferences
from the available information that a fair argument can be made to support a conclusion, even
though other conclusions might also be reached.
(fl) "Tribal cultural resource" includes any of the following:
(1) A site, feature, place, cultural landscape, or sacred place, including a sanctified
cemetery, Indian cemetery, or burial area of a Consulting Tribe, or an object with cultural value
to a Consulting Tribe that is any ofthe following:
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(A) Included or eligible for inclusion in the California Register of Historical Resources or
the National Register of Historic Places.
(B) Included in a local register of historical resources as defined in Section 5020.1.
(C) Identified by the Native American Heritage Commission as a sacred place pursuant to
Section 5097.94 or 5097.96.
(D) Included in a tribal government register maintained by a Tribal Historic Preservation
Officer approved by the Secretary ofthe Interior pursuant to Section 101 ofthe federal National
Historic Preservation Act (54 U.S.C. Sec. 300101 et seq.).
(2) A cultural landscape that meets the criteria ofparagraph (1) to the extent that the
landscape is geographically defined in terms ofthe size and scope of the landscape.
(3) A historical resource described in Section 21084.1, a unique archaeological resource
as defined in subdivision (g) of Section 21083 .2, or a "nonunique archaeological resource" as
defined in subdivision (h) of Section 21083.2 that conforms with the criteria of paragraph (1).
(gg) "Wildfire risk reduction project" means an activity that reduces wildfire risks to a
residential or commercial structure, or both. A "wildfire risk reduction project" includes, but is
not limited to, the following: replacing, hardening, or undergrounding electric utility lines, roads,
and infrastructure; vegetation management; fuel reduction; home hardening; creating or
maintaining fuel breaks and access roads; and reducing fuel loading.
ARTICLE 8. Construction of Chapter and General Provisions.
21029. Construction of Chapter.
(a) It is the policy ofthe People of the State of California that this chapter should be
interpreted and implemented to afford the fullest possible weight to the interest of, and the
approval and realization of, essential projects.
(b )( 1) It is the intent of the People ofthe State of California that courts, consistent with
generally accepted rules of statutory interpretation, shall not interpret this chapter, this division,
or the State CEQA Guidelines in a manner which imposes procedural or substantive
requirements upon essential projects beyond those explicitly stated in this chapter, this division,
or the State CEQA Guidelines.
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(2) It is further the intent ofthe People ofthe State of California that this subdivision
shall be interpreted and applied by the courts as directed by Section 21083.1, and is in pari
materia with Section 21083.1 so that, to the maximum extent permitted under the law, this
subdivision constrains the authority ofthe courts to issue a judgement or impose a remedy that is
not expressly authorized by this chapter.
21030. Statewide Concern.
The People of the State ofCalifornia hereby declare that streamlining review and
approval of essential projects as provided in this chapter is a matter of statewide concern because
the adequacy, availability, and affordability of housing, clean energy, water, transportation,
broadband Internet, education facilities, public health infrastructure, and public safety
infrastructure is insufficient to serve the needs ofCalifornia's population and economy.
Therefore, the State of California hereby occupies the field in the area of review and approval of
essential projects as provided in this chapter.
21031. Statutory References.
(a) Except as provided in subdivision (b), all references to state statutes or regulations
codified outside of this chapter refer to those statutes and regulations as they existed on
December 31, 2025 regardless of any subsequent amendment, repeal, sunset, or expiration that
takes place after that date.
(b) The reference to Section 218.9 of the Labor Code refers to that section as it existed on
January 1, 2026.
21032. Severability.
The provisions ofthis chapter are severable. If any portion, section, subdivision,
paragraph, subparagraph, clause, subclause, sentence, phrase, word, or application ofthis chapter
is for any reason held to be invalid by a decision of any court of competent jurisdiction, that
decision shall not affect the validity of the remaining portions of this chapter. The People ofthe
State of California hereby declare that they would have adopted this chapter and each and every
portion, section, subdivision, paragraph, subparagraph, clause, subclause, sentence, phrase, word,
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and application not declared invalid or unconstitutional without regard to whether any
component of this chapter or application thereof would be subsequently declared invalid.
21033. Effective Date.
This chapter shall take effect as provided in subdivision (a) of Section 10 ofArticle II of
the California Constitution, and shall be applicable upon such effective date to all pending and
future public agency and judicial review and processes for all essential projects.
21034. Amendments.
The Legislature may amend this chapter by a statute passed in each house ofthe
Legislature by rollcall vote entered in the journal, two-thirds ofthe membership concurring,
provided that the statute is consistent with, and furthers the purposes of, this chapter. No bill
seeking to amend this chapter may be passed or become a statute unless the bill has been printed
and distributed to the Members ofthe Legislature, and published on the Internet, in its final form,
for at least 12 business days prior to its passage in either house of the Legislature.
SECTION 2. Conflicting Measures.
In the event that this initiative measure and another measure or measures pertaining to the
review or approval of essential projects, as defined in this Act, shall appear on the same
statewide election ballot, the other measure or measures shall be deemed to be in conflict with
this measure. In the event that this initiative measure receives a greater number of affirmative
votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other
measure or measures shall be null and void.
SECTION 3. Liberal Construction.
This Act shall be liberally construed to give effect to its intent and purposes.
SECTION 4. Legal Defense.
The purpose ofthis section is to ensure that the people's precious right of initiative
cannot be improperly annulled by state politicians who refuse to defend the will ofthe voters.
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Therefore, ifthis Act is approved by the voters of the State ofCalifornia and thereafter subjected
to a legal challenge which attempts to limit the scope or application ofthis Act in any way, or
alleges this Act violates any state or federal law in whole or in part, and both the Governor and
Attorney General refuse to defend this Act to the fullest extent possible on behalf ofthe State of
California, then the following actions shall be taken:
(a) Notwithstanding anything to the contrary contained in Chapter 6 (commencing with
Section 12500) ofPart 2 of Division 3 ofTitle 2 of the Government Code or any other law, the
Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act
to the fullest extent possible on behalf ofthe State ofCalifornia.
(b) Before appointing or thereafter substituting independent counsel, the Attorney
General shall exercise due diligence in determining the qualifications of independent counsel and
shall obtain written affirmation from independent counsel that independent counsel will
faithfully and vigorously defend this Act to the fullest extent possible. The written affirmation
shall be made publicly available immediately upon request.
(c) In order to support the defense of this Act in instances where the Governor and
Attorney General fail to do so despite the will of the voters, a continuous appropriation is hereby
made from the General Fund to the Controller, without regard to fiscal years, in an amount
necessary to cover the costs ofretaining independent counsel to faithfully and vigorously defend
this Act on behalf ofthe State of California to the fullest extent possible.