text:
(a) For purposes of this section, all of the following definitions apply:

(1) “Department” means the Department of Housing and Community Development.

(2) “Office” means the Office of Land Use and Climate Innovation.

(3) “Region” means the territory of the metropolitan planning organization within which a project is located, or the territory of the regional transportation planning agency within which a project is located if the project is located outside of the boundaries of a metropolitan planning organization.

(4) “Transit-Oriented Development Implementation Fund” means the fund created pursuant to Section 53561 of the Health and Safety Code.

(5) “Transit-Oriented Development Implementation Program” means the program established pursuant to Part 13 (commencing with Section 53560) of Division 31 of the Health and Safety Code.

(b) (1) (A) If a lead agency determines that a project will have a significant transportation impact pursuant to the metrics adopted pursuant to paragraph (1) of subdivision (b) of Section 21099, the lead agency may mitigate the transportation impact to a less than significant level by helping to fund or otherwise facilitating vehicle miles traveled-efficient affordable housing or related infrastructure projects, provided the projects meet the requirements of mitigation measures contained within this division and Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, including by contributing an amount, to be determined pursuant to the office’s guidance issued pursuant to subdivision (d), to the Transit-Oriented Development Implementation Fund for purposes of the Transit-Oriented Development Implementation Program.

(B) This section shall not preclude the lead agency’s use of other mitigation strategies, including, but not limited to, transportation demand management, transit improvements, active transportation infrastructure, road diets, or utilizing local or regional mitigation banks and exchanges.

(2) Moneys may be deposited into the Transit-Oriented Development Implementation Fund pursuant to paragraph (1) beginning on or before July 1, 2026, as determined by the department.

(3) Consistent with paragraph (1), a project applicant may use the Transit-Oriented Development Implementation Fund as one optional strategy to mitigate a significant transportation impact under this division. The ultimate use of this mitigation option is subject to the discretion of the lead agency that retains full authority to determine the sufficiency of any proposed mitigation consistent with this division.

(c) (1) Moneys deposited into the Transit-Oriented Development Implementation Fund pursuant to subdivision (b) shall be available to the department, upon appropriation by the Legislature, for the purpose of awarding funding for affordable housing or related infrastructure projects, including infrastructure necessary for higher density uses, under the Transit-Oriented Development Implementation Program in the following priority order:

(A) First priority to affordable housing or related infrastructure projects in location-efficient areas, as defined in the office’s guidance issued pursuant to subdivision (d), within the same region as the project.

(B) Second priority to affordable housing or related infrastructure projects within the same region as the project.

(C) (i) Third priority to affordable housing or related infrastructure projects in location-efficient areas that are outside of the originating region but within an adjacent region, provided the project site is located within a defined proximity radius established by the office issued pursuant to clause (ii).

(ii) The proximity radius shall be specified in the office’s guidance and may vary based on regional characteristics such as population density and travel patterns. The intent of this provision is to support projects in neighboring regions that offer similar vehicle miles traveled-reducing benefits due to the project’s location efficiency, including access to high-quality transit, jobs, and essential services.

(2) Affordable housing or related infrastructure projects for which funding was applied from other state funding programs, but was not awarded due to limited program resources, or was awarded but a financing gap still exists, may be considered for funding pursuant to this subdivision. The applications for funding for these affordable housing or related infrastructure projects shall be eligible for consideration through a streamlined and expedited administrative review process to accelerate delivery.

(3) For each award of funding for affordable housing or related infrastructure projects pursuant to this subdivision, the department shall, in partnership with the office, confirm the estimated reduction in vehicle miles traveled associated with the affordable housing or related infrastructure project using the methodology established in the office’s guidance issued pursuant to subdivision (d).

(d) On or before July 1, 2026, and at least once every three years thereafter, the office, in consultation with other state agencies, as appropriate, shall issue guidance related to the implementation of this section. This guidance shall include all of the following:

(1) A methodology for determining the amounts that are required to be contributed to the Transit-Oriented Development Implementation Fund pursuant to subdivision (b) to mitigate the environmental impacts associated with vehicle miles traveled.

(2) A definition of location-efficient areas that reflects a reasonable nexus between the location of the transportation impact of the project and the location of the vehicle miles traveled-efficient affordable housing or related infrastructure project which shall consider the location efficient area’s consistency with an adopted sustainable communities strategy pursuant to Section 65080 of the Government Code, alternative planning strategy pursuant to Section 65080 of the Government Code, or other adopted regional growth plan intended to foster efficient land use.

(3) A process for validating a project’s vehicle miles traveled funding contribution, which shall be designed to provide certainty to the lead agency and project applicant that the contribution satisfies applicable mitigation requirements under this division for significant transportation impacts.

(4) A methodology for estimating the anticipated reduction in vehicle miles traveled associated with affordable housing or related infrastructure projects funded pursuant to subdivision (c). This methodology may consider existing methodologies, but shall be tailored to the specific purposes and structure of this section, including accounting for relevant factors influencing vehicle miles traveled reduction, including proximity to transit, job access, walkability, and the level of affordability, and the length of the affordability period, of the affordable housing or related infrastructure project.

(e) (1) (A) The initial guidance, which is required to be issued by the office on or before July 1, 2026, pursuant to subdivision (d), shall not be subject to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(B) Before finalizing the initial guidance, the office shall provide public notice, make a draft version publicly available, and allow for a public comment period of at least 30 days. The office shall consider all comments received before issuing the final guidance.

(2) The office shall commence the regular rulemaking process for subsequent guidance on or before January 1, 2028, in compliance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(f) Beginning the year following the first distributions of funding pursuant to this section, the office, in consultation with the department, the Transportation Agency, and regions, shall evaluate the use of vehicle miles traveled mitigation resources allocated pursuant to this section. The evaluation shall assess the distribution of funds across project types, the effectiveness of supported projects in reducing vehicle miles traveled, the affordability of the housing units produced, and other relevant metrics that reflect program performance. Based on this assessment, the department, in consultation with the office and the Transportation Agency, may revise program guidelines to enhance outcomes.

(g) This section does not prevents a local agency from charging local impact fees based on vehicle miles traveled pursuant to the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020) of Division 1 of Title 7 of the Government Code).

history: (History: Added by Stats. 2025, Ch. 22, Sec. 58. (AB 130) Effective June 30, 2025.)


kind: section

code: PRC

text:
(a) This division does not apply to a new agricultural employee housing project that complies with Section 21159.22, meets the requirements of paragraphs (1) to (4), inclusive, of subdivision (i) of Section 17021.8 of the Health and Safety Code, and that is any of the following:

(1) Funded by the Joe Serna, Jr. Farmworker Housing Grant Program (Chapter 3.2 (commencing with Section 50515.2) of Part 2 of Division 31 of the Health and Safety Code).

(2) Funded by the Office of Migrant Services within the Department of Housing and Community Development.

(3) Funded by a local government.

(4) Owned or operated and funded by a public or nonprofit entity, or that receives state, federal, or local public funding.

(b) This division does not apply to a project consisting exclusively of the repair or maintenance of an existing farmworker housing project.

history: (History: Added by renumbering Section 21080.44 (as added by Stats. 2025, Ch. 24, Sec. 8) by Stats. 2025, Ch. 650, Sec. 8. (SB 158) Effective October 11, 2025.)

division: 13. ENVIRONMENTAL QUALITY

chapter: 2.6. General

path: 13. ENVIRONMENTAL QUALITY > 2.6. General


text:
(a) Without limiting any other statutory exemption or categorical exemption, this division does not apply to the adoption of an ordinance by a city, county, or city and county to limit or prohibit the drilling of new or deeper groundwater wells, or to limit or prohibit increased extractions from existing groundwater wells, through stricter conditions on the issuance of well permits or changes in the intensity of land use that would increase demand on groundwater.

(b) (1) This section shall remain operative until July 1, 2017, or so long as the state of emergency due to drought conditions declared by the Governor in the proclamation of a state of emergency issued on January 17, 2014, remains in effect, whichever is later.

(2) This section is repealed on January 1 of the year following the date on which this section becomes inoperative.

(c) Notwithstanding subdivision (a) or (b), this section does not apply to either of the following:

(1) The issuance of any permit for a new or deeper groundwater well by a city, county, or city and county.

(2) The adoption of any ordinance affecting or relating to new residential, commercial, institutional, or industrial projects or any mix of these uses, or any change in the intensity or use of land for these purposes, if that project or change in use requires approval by a city, county, or city and county. Nor does this section apply to the adoption of any ordinance that would limit or prohibit new or deeper groundwater wells, or increased extraction from existing groundwater wells, that may be needed to serve these projects.

history: (History: Added by Stats. 2015, Ch. 27, Sec. 8. (SB 88) Effective June 24, 2015. Inoperative on July 1, 2017, or later date, as prescribed in subd. (b). Repealed, by its own provisions, on January 1 following inoperative date.)


text:
(a) For purposes of this section, the following definitions apply:

(1) “Community water system” means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents within the area served by the public water system.

(2) “Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income.

(3) “Inadequate onsite sewage treatment system” has the same meaning as defined in Section 13288 of the Water Code.

(4) “Nontransient noncommunity water system” means a public water system that is not a community water system and that regularly serves at least 25 of the same persons more than six months per year.

(5) “Onsite sewage treatment system” has the same meaning as defined in Section 13290 of the Water Code.

(6) (A) “Project” means either of the following:

(i) A project that consists solely of the installation, repair, or reconstruction of one or more of the following:

(I) Drinking water groundwater wells with a maximum flow rate of up to 250 gallons per minute.

(II) Drinking water treatment facilities with a footprint of less than 2,500 square feet that are not located in an environmentally sensitive area.

(III) Drinking water storage tanks with a capacity of up to 250,000 gallons.

(IV) Booster pumps and hydropneumatic tanks.

(V) Pipelines of less than three miles in length in a road right-of-way or up to seven miles in length in a road right-of-way when the project is required to address threatened or current drinking water violations.

(VI) Water service lines.

(VII) Minor drinking water system appurtenances, including, but not limited to, system and service meters, fire hydrants, water quality sampling stations, valves, air releases and vacuum break valves, emergency generators, backflow prevention devices, and appurtenance enclosures.

(ii) A project to provide sewer service to a disadvantaged community served by one or more inadequate sewage treatment systems.

(B) “Project” does not include either of the following categories of projects:

(i) Facilities that are constructed primarily to serve irrigation or future growth.

(ii) Facilities that are used to dam, divert, or convey surface water.

(7) “Project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.

(8) “Public water system” means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year, and shall include, but not be limited to, any of the following:

(A) Any collection, treatment, storage, and distribution facilities under the control of, and used primarily in connection with, the public water system.

(B) Any collection or pretreatment storage facilities not under the control of the operator of the public water system, but that are used primarily in connection with the public water system.

(C) Any system for the provision of water for human consumption through pipes or other constructed conveyances that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption.

(9) “Skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.

(10) “Small community water system” means a community water system that serves no more than 3,300 service connections or a yearlong population of no more than 10,000 persons.

(11) “Small disadvantaged community water system” means either a small community water system that serves one or more disadvantaged communities or a nontransient noncommunity water system that primarily serves one or more schools that serve one or more disadvantaged communities.

(12) “State small water system” means a system for the provision of piped water to a disadvantaged community for human consumption that serves at least 5, but not more than 14, service connections and does not regularly serve drinking water to more than an average of 25 individuals daily for more than 60 days out of the year.

(b) (1) This division does not apply to a project that meets the requirements of subdivision (c) and subdivision (d) or (e), as appropriate, and that primarily benefits a small disadvantaged community water system or a state small water system in any of the following ways:

(A) Improving the small disadvantaged community water system’s or state small water system’s water quality, water supply, or water supply reliability.

(B) Encouraging water conservation.

(C) Providing drinking water service to existing residences within a disadvantaged community, a small disadvantaged community water system, or a state small water system where there is evidence that the water exceeds maximum contaminant levels for primary or secondary drinking water standards or where the drinking water well is no longer able to produce an adequate supply of safe drinking water.

(2) Before determining a project is exempt under this section, the lead agency shall contact the State Water Resources Control Board to determine whether claiming the exemption under this section will affect the ability of the small disadvantaged community water system or the state small water system to receive federal financial assistance or federally capitalized financial assistance.

(c) The project meets all of the following:

(1) Does not affect wetlands as defined in the United States Fish and Wildlife Service Manual Part 660 FW 2 (June 21, 1993), or an environmentally sensitive habitat area within the coastal zone, as defined in Section 30107.5.

(2) Unusual circumstances do not exist that would cause a significant effect on the environment.

(3) Is not located on a hazardous waste site that is included on any list compiled pursuant to Section 65962.5 of the Government Code.

(4) Does not have the potential to cause a substantial adverse change in the significance of a historical resource.

(5) The construction impacts are fully mitigated consistent with applicable law.

(6) The cumulative impact of successive reasonably anticipated projects of the same type as the project, in the same place, over time, is not significant.

(d) (1) For a project undertaken by a public agency that is exempt from this division pursuant to this section, except as provided in paragraph (2), an entity shall not be prequalified or shortlisted or awarded a contract by the public agency to perform any portion of the project unless the entity provides an enforceable commitment to the public agency that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades.

(2) Paragraph (1) does not apply if any of the following requirements are met:

(A) The public agency has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement.

(B) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the public agency before January 1, 2021.

(C) The entity has entered into a project labor agreement that will bind the entity and all of its subcontractors at every tier performing the project or contract to use a skilled and trained workforce.

(e) For a project undertaken by a private entity that is exempt from this division pursuant to this section, the project applicant shall do both of the following:

(1) Certify to the lead agency that either of the following is true:

(A) The entirety of the project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.

(B) If the project is not in its entirety a public work, all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the project is subject to this subparagraph, then, for those portions of the project that are not a public work, all of the following shall apply:

(i) The project applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.

(ii) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.

(iii) (I) Except as provided in subclause (III), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided by that section.

(II) Except as provided in subclause (III), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.

(III) Subclauses (I) and (II) do not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure.

(iv) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.

(2) Certify to the lead agency that a skilled and trained workforce will be used to perform all construction work on the project. All of the following requirements shall apply to the project:

(A) The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the project.

(B) Every contractor and subcontractor shall use a skilled and trained workforce to complete the project.

(C) (i) Except as provided in clause (ii), the applicant shall provide to the lead agency, on a monthly basis while the project or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the lead agency pursuant to this clause shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the project using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.

(ii) Clause (i) does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure.

(f) If the lead agency determines that a project is not subject to this division pursuant to this section, and the lead agency determines to approve or carry out that project, the lead agency shall file a notice of exemption with the Office of Planning and Research and the county clerk of the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21152.

(g) This section shall remain in effect only until January 1, 2032, and as of that date is repealed.

history: (History: Amended by Stats. 2025, Ch. 24, Sec. 9. (SB 131) Effective June 30, 2025. Repealed as of January 1, 2032, by its own provisions.)


text:
(a) This division does not apply to a project, as defined in Section 21080.47, that is a community water system that is funded pursuant to the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 (Division 50 (commencing with Section 90000)) or the State Water Resources Control Board’s Safe and Affordable Funding for Equity and Resilience program that does not otherwise include any construction activities if the project does both of the following:

(1) Results in long-term net benefits to climate resiliency, biodiversity, and sensitive species recovery.

(2) Includes procedures and ongoing management for the protection of the environment.

(b) A project exempt from this division pursuant to this section remains subject to all other applicable federal, state, and local laws and regulations and shall not weaken or violate any applicable environmental or public health standards.

(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

history: (History: Added by Stats. 2025, Ch. 24, Sec. 10. (SB 131) Effective June 30, 2025. Repealed as of January 1, 2030, by its own provisions.)


text:
This division does not apply to any of the following wildfire risk reduction projects, if the project is in compliance with all other applicable laws, ordinances, and zoning requirements:

(a) A project consisting of a prescribed fire or fuel reduction to reduce wildfire risk by reestablishing the fire return interval appropriate to the ecosystem for biodiversity or other benefits, excluding projects located on coastal sage scrub habitat or any other sensitive habitat. In order to qualify for the exemption established pursuant to this subdivision, all of the following requirements shall be met:

(1) The project shall not exceed 50 contiguous acres and shall be located within one-half mile of a subdivision of 30 or more dwelling units.

(2) The lead agency shall consult with the Department of Fish and Wildlife to ensure that, to the extent feasible, the project is designed to avoid or minimize impacts to (A) candidate, rare, threatened, endangered plants and wildlife; and (B) wildlife nursery sites, including nesting rookeries, spawning areas, fawning areas, and maternal roosts.

(3) The lead agency shall, to the extent feasible, design the project to avoid impacts to riparian areas and water quality through use of sediment and erosion control measures where there is ground disturbance for control lines.

(4) The lead agency shall identify and, to the extent feasible, protect tribal cultural resources that may be impacted by project. This paragraph may be met by reviewing existing records, including the California Historical Resources Information System and Sacred Lands Inventory, or by engaging in consultation with relevant California Native American tribes on identification of tribal cultural resources and appropriate mitigation measures while maintaining confidentiality of sensitive records.

(b) A project consisting of “defensible space” fire clearance of up to 100 feet, as measured from the center line of the roadway, for a public roadway identified as an egress and evacuation route for a subdivision or community of 30 or more dwelling units, to remove flammable vegetation or trees of less than 12 inches in diameter as measured at chest height.

(c) A project consisting of the establishment or enhancement of residential home hardening or defensible space for wildfire risk reduction within 200 feet of a legal structure located in a high or very high wildfire hazard zone.

(d) A project consisting of a fuel break that extends up to 200 feet from structures, including the clearance of flammable vegetation and trees less than 12 inches in diameter as measured at chest height.

history: (History: Added by Stats. 2025, Ch. 24, Sec. 11. (SB 131) Effective June 30, 2025.)


text:
(a) For purposes of this section, the following definitions apply:

(1) “Interim motel housing project” or “project” means the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing, and the conversion meets one or both of the following conditions:

(A) It does not result in the expansion of more than 10 percent of the floor area of any individual living unit in the structure.

(B) It does not result in any significant effects relating to traffic, noise, air quality, or water quality.

(2) “Residential hotel” has the same meaning as defined in Section 50519 of the Health and Safety Code.

(3) “Supportive housing” means housing linked to onsite or offsite supportive services and with no limit on length of stay for persons with low incomes who have one or more disabilities and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

(4) “Supportive services” means services that are provided on a voluntary basis to residents of supportive or transitional housing, including, but not limited to, a combination of subsidized and permanent housing services, intensive case management, medical and mental health care, substance abuse treatment, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing.

(5) “Transitional housing” means temporary housing linked to supportive services that is offered, usually for a period of up to 24 months, to facilitate movement to permanent housing for persons with low incomes who may have one or more disabilities, and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

(b) This division does not apply to an interim motel housing project.

(c) A lead agency that determines an interim motel housing project is exempt pursuant to this section shall file a notice of exemption in accordance with subdivision (b) of Section 21152 with the Office of Planning and Research.

history: (History: Amended by Stats. 2023, Ch. 732, Sec. 1. (SB 91) Effective January 1, 2024.)


text:
(a) This division does not apply to a project undertaken by any entity, including a public entity or private or nonprofit corporation, that consists of linear broadband deployment in a right-of-way, including a right-of-way of a local street or road, if the project meets all of the following conditions:

(1) The project is constructed along, or within 30-feet of, the right-of-way of any public road or highway.

(2) The project is either deployed underground where the surface area is restored to a condition existing before the project or placed aerially along an existing utility pole right-of-way.

(3) The project incorporates, as a condition of project approval, measures developed by the Public Utilities Commission, the Department of Transportation, or the city, county, or city and county responsible for the right-of-way to address potential environmental impacts. At minimum, the project shall be required to include monitors during construction activities and measures to avoid or address impacts to cultural and biological resources.

(4) The project applicant agrees to comply with all conditions otherwise authorized by law, imposed by a city, county, or city and county as part of a local agency permit process, that are required to mitigate potential impacts of the proposed project, and to comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), as applicable, other applicable state laws, and all applicable federal laws.

(b) If a project meets all of the requirements of subdivision (a), the person undertaking the project shall do all of the following:

(1) Notify, in writing, any affected public agency, including, but not limited to, any public agency having permit, land use, environmental, public health protection, or emergency response authority, of the exemption of the project pursuant to this section.

(2) Provide notice to the public in the area affected by the project in a manner consistent with subdivision (b) of Section 21108.

(3) In the case of private rights-of-way over private property, receive from the underlying property owner permission for access to the property.

(4) Comply with all conditions authorized by law imposed by a city, county, or city and county as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and otherwise comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), as applicable, other applicable state laws, and all applicable federal laws.

history: (History: Amended by Stats. 2025, Ch. 24, Sec. 12. (SB 131) Effective June 30, 2025.)


text: This division does not apply to updates to the state’s climate adaptation strategy, known as the plan, adopted by the Natural Resources Agency pursuant to Section 71153.

history: (History: Added by Stats. 2025, Ch. 24, Sec. 13. (SB 131) Effective June 30, 2025.)


text:
(a) This division does not apply to a project that is exclusively one of the following:

(1) A project to conserve, restore, protect, or enhance, and assist in the recovery of California native fish and wildlife, and the habitat upon which they depend.

(2) A project to restore or provide habitat for California native fish and wildlife.

(b) An eligible project may have incidental public benefits, such as public access and recreation.

(c) This section does not apply to a project unless the project does both of the following:

(1) Results in long-term net benefits to climate resiliency, biodiversity, and sensitive species recovery.

(2) Includes procedures and ongoing management for the protection of the environment.

(d) This section does not apply to a project that includes construction activities, except for construction activities solely related to habitat restoration.

(e) The lead agency shall obtain the concurrence of the Director of Fish and Wildlife for the determinations required pursuant to subdivisions (a) to (d), inclusive. The director shall document the director’s concurrence using substantial evidence and best available science.

(f) The project shall remain subject to all other applicable federal, state, and local laws and regulations, and shall not weaken or violate any applicable environmental or public health standards.

(g) Within 48 hours of making a determination that a project is exempt pursuant to this section, a lead agency shall file a notice described in subdivision (b) of Section 21108 or subdivision (b) of Section 21152 with the Office of Planning and Research, and the Department of Fish and Wildlife shall post the concurrence of the Director of Fish and Wildlife on the department’s internet website.

(h) The Natural Resources Agency shall, in accordance with Section 9795 of the Government Code, report annually to the Legislature all determinations pursuant to this section.

(i) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

history: (History: Amended by Stats. 2024, Ch. 74, Sec. 6. (SB 174) Effective July 2, 2024. Repealed as of January 1, 2030, by its own provisions.)


text: This division does not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or maintenance of public park or nonmotorized recreational trail facilities funded in whole or in part by the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 (Division 50 (commencing with Section 90000)).

history: (History: Added by Stats. 2025, Ch. 24, Sec. 14. (SB 131) Effective June 30, 2025.)


text:
(a) For purposes of this section, the following definitions apply:

(1) “Faculty and staff housing project” means one or more housing facilities to be occupied by faculty or staff of one or more campuses, and owned by a public university, including dining, academic, and faculty and staff support service spaces and other necessary and usual attendant and related facilities and equipment.

(2) “Public university” means the University of California, the California State University, or the California Community Colleges.

(3) “Skilled and trained workforce” has the same meaning as in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.

(4) “Student housing project” means one or more housing facilities to be occupied by students of one or more campuses and owned by a public university, including dining, academic and student support service spaces, and other necessary and usual attendant and related facilities and equipment.

(5) “University housing development project” or “project” means a student housing project or a faculty and staff housing project that is not located, in whole or in part, on a site that is any of the following:

(A) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

(B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

(C) Within a very high fire hazard severity zone, as determined by the State Fire Marshal pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the project.

(D) Either a hazardous waste site listed pursuant to Section 65962.5 of the Government Code or a hazardous substances release site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

(E) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the project complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

(F) Within a special flood hazard area subject to inundation by a 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a public university is able to satisfy all applicable federal qualifying criteria in order to demonstrate that the site satisfies this subparagraph and is otherwise eligible to be exempt from this division pursuant to this section, a local government shall not deny an application on the basis that the public university did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A project may be located on a site described in this subparagraph if either of the following are met:

(i) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local government.

(ii) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

(G) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the project has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a public university is able to satisfy all applicable federal qualifying criteria in order to demonstrate that the site satisfies this subparagraph and is otherwise eligible to be exempt from this division pursuant to this section, a local government shall not deny an application on the basis that the public university did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.

(H) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

(I) Habitat for protected species identified as candidate, sensitive, or species of special status by a state or federal agency, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

(J) Lands under conservation easement.

(b) Except as provided in subdivision (d), this division does not apply to a university housing development project carried out by a public university on real property owned by the public university that meets all of the following requirements:

(1) (A) (i) If the university housing development project is carried out by the University of California, the university housing development project is located on a campus site identified for housing in the most recent long-range development plan environmental impact report or the environmental impact report prepared for any subsequent amendment to the most recent long-range development plan relating to housing.

(ii) If the most recent environmental impact report identifies a range of housing units or beds for the project site, the number of housing units or beds is within the range of housing units or beds analyzed for that site.

(iii) If the most recent environmental impact report does not identify a range of housing units or beds for specific sites, the project does not result in the total additional campus housing units or beds exceeding the number of additional units or beds analyzed in that environmental impact report.

(B) If the university housing development project is carried out by the California State University or the California Community Colleges, the university housing development project is consistent with the most recent master plan environmental impact report prepared pursuant to Section 21080.09 and certified no more than 10 years before the determination that the exemption under this section applies and with any applicable tiered environmental analysis, so long as none of the events specified in Section 21166 have occurred.

(2) Each building within the university housing development project meets the minimum requirements to qualify for certification as Leadership in Energy and Environmental Design (LEED) Platinum or better by the United States Green Building Council.

(3) (A) No more than one-third of the project square footage shall be used for dining, academic, parking, or student support service spaces, or other necessary and usual attendant and related facilities and equipment.

(B) For faculty and staff housing projects, and student housing projects occupied by more than two-thirds graduate students, no more than 12 percent of total project square footage shall be used for parking facilities.

(C) For student housing projects occupied by more than two-thirds undergraduate students, no more than 5 percent of total project square footage shall be used for parking.

(4) The project is within one-half mile of a major transit stop or one-half mile of the campus boundary, as defined by the public university’s long-range development plan or master plan, as appropriate, or would not exceed the vehicle miles traveled screening threshold of 110 trips per day as stated in the Office of Planning and Research April 2018 publication entitled “Technical Advisory on Evaluating Transportation Impacts in CEQA,” or has 15 percent lower per capita vehicle miles traveled as compared to that for the jurisdiction in which the university housing development project is located.

(5) The project has a transportation demand management program.

(6) The project’s construction impacts are fully mitigated consistent with any applicable local, state, or federal law, except that for purposes of this paragraph, applicable law shall not include this division.

(7) (A) The project would not result in any net additional emission of greenhouse gases, as supported by substantial evidence.

(B) To maximize public health and environmental benefits, the public university shall ensure that the measures will reduce the emissions of greenhouse gases in the project area and in the neighboring communities.

(C) Not less than 50 percent of the greenhouse gas emissions reductions necessary to achieve the requirement of this paragraph shall be from local, direct greenhouse gas emissions reduction measures, including, but not limited to, any of the following:

(i) Project design features or onsite reduction measures, or both design features and onsite reduction measures, that include, but are not limited to, any of the following:

(I) Implementing project design features that enable the project to exceed the building energy efficiency standards set forth in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations, not including 50 percent of emissions reductions attributable to design features necessary to qualify for LEED Platinum certification.

(II) Requiring a transportation demand management program to reduce single-occupancy vehicular travel and vehicle miles traveled.

(III) Providing onsite renewable energy generation, including a solar roof on the project with a minimum peak generation capacity of 500 kilowatts.

(IV) Providing solar-ready roofs.

(V) Providing cool roofs and cool parking promoting cool surface treatment for new parking facilities.

(ii) Offsite reduction measures in neighboring communities, including, but not limited to, any of the following:

(I) Providing funding to an offsite mitigation project consisting of replacing buses, trolleys, or other transit vehicles with zero-emission vehicles.

(II) Providing offsite safety or other improvements for bicycles, pedestrians, and transit connections.

(III) Undertaking or funding building retrofits to improve the energy efficiency of existing buildings.

(D) (i) The public university may obtain offset credits for up to 50 percent of the greenhouse gas emissions reductions necessary to achieve the requirement of this subdivision that produce emissions reductions within the jurisdiction that the university housing development project is located. Any offset credits shall be verified by a third party accredited by the State Air Resources Board, and shall be undertaken in a manner consistent with Division 25.5 (commencing with Section 38500) of the Health and Safety Code, including, but not limited to, the requirement that the offset be real, permanent, quantifiable, verifiable, and enforceable, and shall be undertaken from sources in the same community in which the project is located or adjacent communities.

(ii) If 50 percent of greenhouse gas emissions reductions necessary to achieve no additional emissions of greenhouse gases cannot be feasibly and fully mitigated by offset credits as described in clause (i), the mitigation of the remaining emissions of greenhouse gases shall be achieved pursuant to the following priority:

(I) Offset credits that would also reduce the emissions of criteria air pollutants or toxic air contaminants. The offsets shall be undertaken in a manner consistent with Division 25.5 (commencing with Section 38500) of the Health and Safety Code, including, but not limited to, the requirement that the offsets be real, permanent, quantifiable, verifiable, and enforceable, and shall be undertaken from sources in the community within which the project is located or in adjacent communities.

(II) If the remaining emissions of greenhouse gases cannot be feasibly or fully mitigated by the offsets credits described in subclause (I), the remaining unmitigated greenhouse gas emissions shall be mitigated through the use of offsets that would also reduce emissions of criteria air pollutants or toxic air contaminants and shall be undertaken in a manner consistent with subclause (I) and shall be undertaken from sources that provide a specific, quantifiable, and direct environmental and public health benefit to the community in which the project is located.

(E) It is the intent of the Legislature, in enacting this paragraph, to maximize the environmental and public health benefits from measures to mitigate the emissions of greenhouse gases of a university housing development project to those people that are impacted most by the project.

(8) All contractors and subcontractors at every tier on the project will be required to pay prevailing wages in accordance with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.

(9) (A) An entity shall not be prequalified or shortlisted or awarded a contract to perform work on the project unless the entity provides an enforceable commitment to the public university that the entity and its contractors and subcontractors at every tier will use a skilled and trained workforce to perform all work on the project that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.

(B) This paragraph does not apply if any of the following requirements are met:

(i) The public university has entered into a project labor agreement that will bind all contractors and subcontractors at every tier performing work on the project to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement.

(ii) The project is being performed under the extension or renewal of a project labor agreement that was entered into by the public university before January 1, 2023.

(iii) The entity has entered into a project labor agreement that will bind the entity and all of its contractors and subcontractors at every tier performing the project to use a skilled and trained workforce.

(10) (A) Except as provided in subparagraph (B), for a project carried out by the University of California, all cleaning, maintenance, groundskeeping, food service, or other work traditionally performed by persons with University of California Service Unit (SX) job classifications shall be performed only by employees of the University of California at any facility, building, property, or space that is part of the project.

(B) Subparagraph (A) does not apply to, and shall not restrict the performance of, work done under contract and paid for in whole or in part out of public funds when the work is either of the following:

(i) Construction, alteration, demolition, installation, cleanup work at the construction jobsite, or repair work, including work performed during the design and all phases of construction, including preconstruction and postconstruction phases.

(ii) Carpentry, electrical, plumbing, glazing, painting, and other craftwork designed to preserve, protect, or keep a publicly owned facility in a safe and continuously usable condition, including repairs, cleaning, and other operations on machinery and other equipment permanently attached to the building or real property as fixtures.

(11) (A) The public university holds at least one noticed public hearing in the project area to receive all public comment before determining that a university housing development project is exempt pursuant to this section.

(B) The public university shall give public notice of the meeting to the last known name and address of all the organizations and individuals that have previously requested notice and shall also give the general public notice using at least one of the following procedures:

(i) Publication of the notice in a newspaper of general circulation in the area affected by the project. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas.

(ii) Posting of the notice onsite and offsite in the area where the project is located.

(iii) Posting of the notice on the public university’s internet website and social media accounts.

(12) The public university files a notice of exemption with the Office of Planning and Research pursuant to subdivisions (b) to (d), inclusive, of Section 21108.

(c) (1) (A) A public university shall obtain LEED Platinum certification for each building within an approved university housing development project that is exempt from this division pursuant to subdivision (b) no later than 18 months from the issuance of the building’s certificate of occupancy or an equivalent certification, or its initial usage.

(B) Notwithstanding subparagraph (A), a public university that has completed all actions the public university believes are necessary to obtain LEED Platinum certification for each building within the university housing development project within the 18-month timeframe described in subparagraph (A), but that has not obtained LEED Platinum certification for each building within that university housing development project within that 18-month timeframe due to circumstances outside of the control of the public university, may, after making a public notice and a disclosure to the Office of Planning and Research of the reasons that LEED Platinum certification has not been obtained, obtain LEED Platinum certification as required by subparagraph (A) within an additional six months. A public university may obtain one additional six-month extension by making a public notice and a disclosure to the Office of Planning and Research of the reasons that LEED Platinum certification has not been obtained, as long as the circumstances outside of the control of the public university persist.

(C) For purposes of subparagraph (B), circumstances outside of the control of the public university include, but are not limited to, an unreasonable delay in obtaining LEED certification that is the fault of the certifying organization and any force majeure event that includes, but is not limited to, any strike, factory closure, explosion, maritime peril, natural disaster, pandemic, act of a public enemy, fire, flood, accident, war, riot, insurgence, or other similar event.

(2) (A) A public university that has approved a university housing development project that is exempt from this division pursuant to subdivision (b) shall not exempt a subsequent university housing development project pursuant to subdivision (b) until the public university has obtained LEED Platinum certification for each building within the prior university housing development project exempted pursuant to subdivision (b).

(B) Notwithstanding subparagraph (A), a public university that has authorized funding for preliminary plans or a schematic design, or both, for a subsequent public university housing project before the date that a prior public university housing project is noncompliant with paragraph (1) may exempt the subsequent public university housing project pursuant to subdivision (b), if the campus where the subsequent project is located does not have more than two approved projects that were exempt from this division pursuant to subdivision (b) with one or more buildings that have not received LEED Platinum certification within the timeframe permitted by paragraph (1).

(3) The lead agency shall file the LEED certification described in paragraph (1) along with a determination that the construction impacts of the project have been fully mitigated as required pursuant to paragraph (6) of subdivision (b) with the Office of Planning and Research.

(d) The exemption from this division provided by subdivision (b) does not apply to a university housing development project that meets any of the following criteria:

(1) The project would require the demolition of any of the following:

(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

(C) Housing that has been occupied by tenants within the past 10 years, except an existing university student housing project.

(D) A historic structure that is listed on a national, state, or local historic register.

(2) The project is located on a site that was previously used for housing that was occupied by tenants and was demolished within 10 years before the public university files a notice of exemption or submits an application under this section, whichever occurs sooner.

(3) The project is located on a site that contains housing units that are occupied by tenants and the housing units are offered for sale, or were subsequently offered for sale, to the general public by a subdivider or subsequent owner of the site.

(4) The project consists of more than 2,000 units or 4,000 beds.

(e) This section shall remain in effect only until January 1, 2032, and as of that date is repealed.

history: (History: Amended by Stats. 2024, Ch. 284, Sec. 1. (SB 312) Effective January 1, 2025. Repealed as of January 1, 2032, by its own provisions.)


text:
(a) This division does not apply to routine maintenance of public stormwater facilities that are fully concrete or have a conveyance capacity of less than a 100-year storm event if all of the following conditions are met:

(1) The project does not increase the designed conveyance capacity of the stormwater facility.

(2) The project is undertaken or approved by a public agency that has adopted, by ordinance, procedures that apply to the project to minimize the impacts of construction equipment, debris, sediment, and other pollutants.

(3) The project is not likely to result in adverse impacts to tribal cultural resources.

(b) Notwithstanding subdivision (c) of Section 21151, a determination that a project is not subject to this division pursuant to this section shall not be eligible for appeal to the agency’s elected decisionmaking body if the project is approved by the nonelected decisionmaking body of a city with a population of at least 1,000,000.

(c) If the lead agency determines that a project is not subject to this division pursuant to this section and it determines to approve or carry out the project, the lead agency shall file a notice with the State Clearinghouse in the Office of Planning and Research and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b), (c), and (d) of Section 21152.

(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

history: (History: Added by Stats. 2024, Ch. 761, Sec. 1. (AB 3227) Effective September 27, 2024. Repealed as of January 1, 2030, by its own provisions.)


text:
(a) This division does not apply to any activity or approval necessary for the completion of the public and state veterans cemetery in Gypsum Canyon in the County of Orange, known as the Gypsum Canyon Veterans Cemetery if both of the following conditions are met:

(1) The public and state veterans cemetery in Gypsum Canyon is a less intensive land use than the project analyzed in the 2005 certified environmental impact report Mountain Park Specific Plan Amendment.

(2) The Gypsum Canyon Cemetery Project Development Project No. 2020-00204 Addendum to the 2005 Certified Environmental Impact Report No. 331 analyzed the impacts of the public and state veterans cemetery in Gypsum Canyon.

(b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

history: (History: Added by Stats. 2025, Ch. 158, Sec. 2. (AB 571) Effective October 1, 2025. Repealed as of January 1, 2030, by its own provision.)


text:
(a) Without limiting any other statutory or categorical exemption, this division does not apply to any aspect of a housing development project, as defined in subdivision (b) of Section 65905.5 of the Government Code, including any permits, approvals, or public improvements required for the housing development project, as may be required by this division, if the housing development project meets all of the following conditions:

(1) (A) Except as provided in subparagraph (B), the project site is not more than 20 acres.

(B) The project site or the parcel size for a builder’s remedy project, as defined in paragraph (11) of subdivision (h) of Section 65589.5 of the Government Code, or the project site or the parcel size for a project that applied pursuant to paragraph (5) of subdivision (d) of Section 65589.5 of the Government Code as it read before January 1, 2025, is not more than four acres.

(2) The project site meets either of the following criteria:

(A) Is located within the boundaries of an incorporated municipality.

(B) Is located within an urban area, as defined by the United States Census Bureau.

(3) The project site meets any of the following criteria:

(A) Has been previously developed with an urban use.

(B) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.

(C) At least 75 percent of the area within a one-quarter mile radius of the site is developed with urban uses.

(D) For sites with four sides, at least three out of four sides are developed with urban uses and at least two-thirds of the perimeter of the site adjoins parcels that are developed with urban uses.

(4) (A) The project is consistent with the applicable general plan and zoning ordinance, as well as any applicable local coastal program as defined in Section 30108.6. For purposes of this section, a housing development project shall be deemed consistent with the applicable general plan and zoning ordinance, and any applicable local coastal program, if there is substantial evidence that would allow a reasonable person to conclude that the housing development project is consistent.

(B) If the zoning and general plan are not consistent with one another, a project shall be deemed consistent with both if the project is consistent with one.

(C) The approval of a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to Section 65915 of the Government Code shall not be grounds for determining that the project is inconsistent with the applicable general plan, zoning ordinance, or local coastal program.

(5) The project will be at least one-half of the applicable density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code.

(6) The project satisfies the requirements specified in paragraph (6) of subdivision (a) of Section 65913.4 of the Government Code.

(7) The project does not require the demolition of a historic structure that was placed on a national, state, or local historic register before the date a preliminary application was submitted for the project pursuant to Section 65941.1 of the Government Code.

(8) For a project that was deemed complete pursuant to paragraph (5) of subdivision (h) of Section 65589.5 of the Government Code on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. For the purposes of this section, “other transient lodging” does not include either of the following:

(A) A residential hotel, as defined in Section 50519 of the Health and Safety Code.

(B) After the issuance of a certificate of occupancy, a resident’s use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, in a manner consistent with local law.

(b) (1) (A) A local government shall provide formal notification via certified mail and email to each California Native American tribe that is traditionally and culturally affiliated with the project site as an invitation to consult on the proposed project, its location, and the project’s potential effects on tribal cultural resources pursuant to one of the following deadlines:

(i) Within 14 days of the application for the project being deemed complete pursuant to paragraph (5) of subdivision (h) of Section 65589.5 of the Government Code.

(ii) For projects whose applications were deemed complete pursuant to paragraph (5) of subdivision (h) of Section 65589.5 of the Government Code before July 1, 2026, within 14 days of notifying the local government that the project is eligible to be exempt from this division pursuant to this section.

(B) The formal notification shall include all of the following:

(i) Detailed project information to help inform the consultation, including site maps, proposed project scope, and any known cultural resource studies.

(ii) Contact information for the local government.

(iii) Contact information for the project proponent.

(iv) Notice that the California Native American tribe has 60 days to request consultation with the local government pursuant to this subdivision.

(2) (A) Each California Native American tribe has 60 days to notify the local government that it accepts the invitation to consult.

(B) If a California Native American tribe chooses not to accept the invitation to consult, or does not notify the local government of its decision within 60 days, the consultation shall be considered to have concluded.

(3) (A) Within 14 days of receiving the notification that the California Native American tribe has elected to consult, pursuant to subparagraph (A) of paragraph (2), the local government shall initiate the consultation.

(B) During the consultation, the local government shall act in good faith to identify whether a tribal cultural resource could be affected by the proposed project and shall give deference to the tribal information, tribal knowledge and customs, and the significance of the resource to the California Native American tribe.

(C) The project proponent may participate in the consultation with the approval of the California Native American tribe if the project proponent agrees to engage in good faith and comply with the confidentiality requirements of Sections 7927.000 and 7927.005 of the Government Code, subdivision (d) of Section 21082.3, subdivision (d) of Section 15120 of Title 14 of the California Code of Regulations, and any confidentiality standards adopted by the California Native American tribe participating in the consultation.

(D) The consultation shall seek to find measures that would avoid significant impacts to a tribal cultural resource.

(E) The local government shall document the results of the consultation.

(F) The consultation shall conclude within 45 days of initiation, subject to a one-time 15-day extension upon request by a participating California Native American tribe.

(4) The local government shall include, as binding conditions of the project approval, all of the following:

(A) Any enforceable agreements reached during the project consultation.

(B) All of the following measures, unless there is mutual agreement between the California Native American tribe and the project proponent not to include the measure as a binding condition:

(i) Upon request by a California Native American tribe, the project shall include tribal monitoring during all ground-disturbing activities, as follows:

(I) The California Native American tribe shall designate the monitor.

(II) The tribal monitor shall comply with applicant’s site access and workplace safety requirements.

(III) The applicant shall compensate the tribal monitor at a reasonable rate, determined in good faith, that aligns with customary compensation for cultural resource monitoring, taking into account factors such as the scope and duration of the project.

(ii) Tribal cultural resources shall be avoided where feasible, in accordance with subdivision (a) of Section 21084.3. In furtherance of this requirement, where feasible, the project applicant shall provide deference to tribal preferences regarding access to spiritual, ceremonial, and burial sites, and incorporate tribal traditional knowledge in the protection and sustainable use of tribal cultural resources and landscapes.

(iii) All treatment and documentation of tribal cultural resources shall be conducted in a culturally appropriate manner, consistent with Section 21083.9.

(iv) A California Historical Resources Information System archaeological records search and a tribal cultural records search shall be completed for the project site.

(v) A Sacred Lands Inventory request shall be submitted to the Native American Heritage Commission.

(vi) The project shall comply with Section 7050.5 of the Health and Safety Code and Section 5097.98, including immediate work stoppage upon discovery of human remains or burial grounds, and treatment in accordance with applicable law and in consultation with the affected California Native American tribe.

(vii) An application of tribal ecological knowledge into habitat restoration efforts undertaken by the project as applicable to the specific environmental context and conditions of the project.

(5) For purposes of this subdivision, the following definitions apply:

(A) “California Native American tribe” has the same meaning as defined in Section 21073.

(B) “Enforceable agreement” means an agreement between the local government, project proponent, and any California Native American tribe that has engaged in consultation pursuant to this subdivision regarding the methods, measures, and conditions for tribal cultural resource identification, treatment, and protection, including consideration of avoidance. Compliance with the enforceable agreement shall be a required condition of approval for the project and its terms must be enforceable against the project proponent by the local government and the California Native American tribe.

(C) “Tribal cultural resource” means a site, feature, place, cultural landscape, sacred place, including a Native American sanctified cemetery, Indian cemetery, or Indian burial area, or an object with cultural value to a California Native American tribe that is any of the following:

(i) Included or eligible for inclusion in the California Register of Historical Resources or the National Register of Historic Places.

(ii) Included in a local register of historical resources as defined in subdivision (k) of Section 5020.1.

(iii) Identified by the Native American Heritage Commission as a sacred place pursuant to Section 5097.94 or 5097.96.

(iv) Included in a local tribal register.

(c) (1) (A) The local government shall, as a condition of approval for the development, require the development proponent to complete a phase I environmental assessment, as defined in Section 78090 of the Health and Safety Code.

(B) If a recognized environmental condition is found, the development proponent shall complete a preliminary endangerment assessment, as defined in Section 78095 of the Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.

(C) If a release of a hazardous substance is found to exist on the site, the release shall be removed or any effects of the release shall be mitigated to levels required by current federal and state statutory and regulatory standards before the local government issues a certificate of occupancy.

(D) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to levels required by current federal and state statutory and regulatory standards before the local government issues a certificate of occupancy.

(2) For any housing on the site located within 500 feet of a freeway, all of the following shall apply:

(A) The building shall have a centralized heating, ventilation, and air-conditioning system.

(B) The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway.

(C) The building shall provide air filtration media for outside and return air that provides a minimum efficiency reporting value of 16.

(D) The air filtration media shall be replaced at the manufacturer’s designated interval.

(E) The building shall not have any balconies facing the freeway.

(d) (1) Notwithstanding any other law, all construction workers employed in the execution of a housing development project exempt from this division pursuant to this section where 100 percent of the units within the development project are dedicated to lower income households, as defined by Section 50079.5 of the Health and Safety Code, shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate, regardless of whether the housing development project is a public work.

(2) Notwithstanding any other law, the labor standards of paragraph (8) of subdivision (a) of Section 65913.4 of the Government Code shall apply to buildings over 85 feet in height above grade in any housing development project exempt from this division pursuant to this section.

(3) (A) Notwithstanding any other law, the labor standards of Article 4 (commencing with Section 65912.130) of Chapter 4.1 of Division 1 of Title 7 of the Government Code shall apply for projects of 50 units or greater in the City and County of San Francisco that are not covered by paragraph (2), for any construction craft where at least 50 percent of the units in market-rate multifamily housing projects that received their certificate of occupancy between 2022 and 2024, inclusive, were built by workers that were paid not less than the general prevailing rate of per diem wages.

(B) For purposes of this section, “market-rate multifamily housing development project” means a housing development project of greater than 10 units where less than 95 percent of the units are dedicated to lower income households, as defined by Section 50079.5 of the Health and Safety Code.

(C) (i) The eligibility of this subparagraph, by classification, will be determined by the Department of Industrial Relations and published on its internet website by January 1, 2026.

(ii) In making a determination of eligibility pursuant to this subparagraph, the Director of Industrial Relations shall obtain and consider data from the labor organizations and employers or employer associations concerned no later than October 1, 2025.

(iii) To determine the number of market-rate multifamily housing projects that received their certificate of occupancy in a given year, the Department of Industrial Relations shall use the annual progress report data as reported by the jurisdiction pursuant to Section 65400 of the Government Code.

(4) The provisions of Section 218.8 of the Labor Code shall extend to the development proponent in addition to the direct contractor or subcontractor. For purposes of this paragraph, “development proponent” shall mean a developer who submits the housing development project application to a local government that is exempt from this division pursuant to this section.

(5) (A) A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) may undertake any of the following on a housing development project that is exempt from this division pursuant to this section:

(i) Bring an action in a court of competent jurisdiction against a contractor or subcontractor at any tier on behalf of construction workers employed by the contractor or subcontractor on a housing development project that is exempt from this division pursuant to this section to enforce Section 226 of the Labor Code. A contractor is not subject to an action pursuant to this subparagraph due to the failure of a subcontractor to comply with Section 226 of the Labor Code.

(ii) Bring an action in a court of competent jurisdiction on behalf of an affected employee against an employer for damages as if Division 4 (commencing with Section 3200) of the Labor Code did not apply, if the employer fails to secure the payment of compensation as required by Article 1 (commencing with Section 3700) of Chapter 4 of Part 1 of Division 4 of the Labor Code.

(iii) In addition to the remedies set forth in Section 7028.3 of the Business and Professions Code, on proper showing by a joint labor-management cooperation committee of a continuing violation of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code by a person who constructs a housing project and does not hold a state contractor’s license in any classification, an injunction shall issue by a court specified in Section 7028.3 of the Business and Professions Code at the request of the joint labor-management cooperation committee, prohibiting that violation.

(B) For any action brought pursuant to this paragraph, the court shall award a prevailing joint labor-management committee its reasonable attorney’s fees and costs incurred maintaining the action.

(C) An action brought pursuant to this paragraph shall be filed within one year of a local government issuing a certificate of occupancy for the housing development project or for the portion relating to the action.

(D) This paragraph shall apply only to violations that occur on the site of construction of the housing development project.

(e) This section does not affect the eligibility of a housing development project for a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to Section 65915 of the Government Code.

(f) If a lead agency determines that this division does not apply to an activity pursuant to this section and determines to approve or carry out the activity, the lead agency shall file a notice of exemption with the Governor’s Office of Land Use and Climate Innovation and the county clerk of the county in which the activity will occur in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152, as applicable.

(g) For purposes of this section, the following terms apply:

(1) “Adjoins” includes parcels that are only separated by a street, pedestrian path, or bicycle path.

(2) “Construction worker” means one performing onsite work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.

(3) “Urban use” means any current or previous residential or commercial development, public institution, or public park that is surrounded by other urban uses, parking lot or structure, transit or transportation passenger facility, or retail use, or any combination of those uses.

history: (History: Amended by Stats. 2025, Ch. 650, Sec. 9. (SB 158) Effective October 11, 2025.)


text:
(a) Except as provided in subdivision (b), this division does not apply to any of the following projects:

(1) A project that consists exclusively of a day care center, as defined in Section 1596.76 of the Health and Safety Code, that is not located in a residential area.

(2) A project that consists exclusively of a rural health clinic, as defined by Section 1396(d)(l)(1) of Title 42 of the United States Code, or a federally qualified health center, as defined by Section 1396(d)(l)(2) of Title 42 of the United States Code, if the facility is less than 50,000 square feet in total space.

(3) A project that consists exclusively of a nonprofit food bank or food pantry, defined as a nonprofit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (26 U.S.C. Sec. 501(c)(3)), that solicits, stores, and distributes sufficient food to their defined service area, if the project is located on a site that is zoned exclusively for industrial uses.

(4) A project that consists exclusively of a facility for advanced manufacturing, as defined in Section 26003, if the project is located on a site zoned exclusively for industrial uses.

(b) This section does not apply to a project located on natural and protected lands, as defined pursuant to Section 21067.5.

history: (History: Added by Stats. 2025, Ch. 24, Sec. 15. (SB 131) Effective June 30, 2025.)


text:
(a) This division does not apply to a project that consists of the development, construction, or operation of a heavy maintenance facility or other maintenance facility for electrically powered high-speed rail, if all of the following conditions are met:

(1) The project has been evaluated in a prior project-level environmental impact report prepared pursuant to this division and that prior report evaluated one or more similar high-speed rail maintenance facility sites.

(2) The project incorporates all applicable mitigation measures identified in those prior project-level environmental impact reports.

(3) The project site is located within one mile of rail right-of-way approved for high-speed rail service.

(b) This division does not apply to a project that consists of the development, construction, or modification of a proposed passenger rail station, or design changes to a passenger rail station, for the purpose of serving electrically powered high-speed rail, if both of the following conditions are met:

(1) The station or station design change is located within the resource study area of a previously certified environmental impact report prepared pursuant to this division for a high-speed rail or passenger rail project.

(2) The project incorporates all applicable mitigation measures identified in the previously certified environmental impact report.

(c) For purposes of this section, “high-speed rail” means the California high-speed rail project and other high-speed rail projects in California that are planned to directly connect to the California high-speed rail project.

(d) This section does not apply to any project on or within natural and protected lands as defined in Section 21067.5.

(e) The exemptions provided in subdivisions (a) and (b) shall apply exclusively to projects described in those subdivisions and do not exempt any other facilities, structures, or uses not expressly identified. Any other project uses shall be subject to this division unless independently exempt under a separate provision of law.

history: (History: Added by Stats. 2025, Ch. 24, Sec. 16. (SB 131) Effective June 30, 2025.)


text:
Notwithstanding any other law, a housing development project, as defined in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code, that meets the following criteria shall be considered a discretionary project, as that term is used in subdivision (a) of Section 21080, and shall not be exempt from this division:

(a) The project is located in a city with a population of more than 85,000 but less than 95,000, as determined by the 2020 Census.

(b) The project is located in a county with a population of more than 440,000 but less than 455,000, as determined by the 2020 Census.

(c) A portion of the parcel where the project is located is identified on a United States Fish and Wildlife Service map as freshwater forested or shrub wetland.

(d) A portion of the parcel where the project is located is within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.

(e) The project is located on a parcel adjacent to a California historical landmark on the California Register of Historic Places.

history: (History: Added by Stats. 2025, Ch. 650, Sec. 10. (SB 158) Effective October 11, 2025.)


text:
(a) The Legislature finds and declares all of the following:

(1) The Legislature recognizes the significance of oil and gas production in the County of Kern, while also affirming the state’s commitment to protecting public health, safety, and environmental quality, particularly for communities located near oil and gas operations.

(2) The County of Kern has adopted an oil and gas permitting ordinance, and in connection with that ordinance, has certified a Second Supplemental Environmental Impact Report (SSREIR) pursuant to this division. The County of Kern’s SSREIR and oil and gas permitting ordinance impose comprehensive mitigations to address potential environmental impacts associated with oil and gas production.

(3) Article 4.6 (commencing with Section 3280) of Chapter 1 of Division 3 establishes health protection zones to safeguard residents from the health risks associated with oil and gas extraction activities. The Geologic Energy Management Division’s approval of a notice of intention under Section 3203 is required before drilling a new oil and gas well. Section 3281 prohibits approval of a notice of intention within a health protection zone absent certain limited exceptions. The Kern County SSREIR does not cover activities within a health protection zone.

(4) Because the County of Kern’s SSREIR does not cover activities within a health protection zone, the Geologic Energy Management Division is the lead agency under this division for projects that include permits to drill or rework an oil and gas well within a health protection zone in the County of Kern, to the extent that those activities might be allowed under Section 3281.

(b) The Kern County Second Supplemental Recirculated Environmental Impact Report (SCH2013081079), including all appendices (SSREIR March 2025), is hereby deemed sufficient for full compliance with this division for purposes of consideration and adoption of amended Revisions to Title 19 - Kern County Zoning Ordinance Code 2025 (A), Focused on Oil and Gas Local Permitting by the County of Kern. No further environmental review is required under this division for the consideration and adoption of the Revisions to Title 19 - Kern County Zoning Ordinance Code - 2025 (A), Focused on Oil and Gas Local Permitting (SSREIR March 2025), as enacted as of January 1, 2026. Corrections of minor typographical errors and formatting changes to the zoning ordinance version shall not require further environmental review. Any other modification to or readoption of the zoning ordinance, however, shall not be covered by this section but rather by the other provisions of this division.

(c) Projects that satisfy the requirements of Revisions to Title 19 - Kern County Zoning Ordinance Code - 2025 (A), Focused on Oil and Gas Local Permitting, and that are approved by the County of Kern under that ordinance as enacted as of the effective date of this section, or as reenacted to incorporate corrections of minor typographical errors or formatting changes, are deemed sufficient for full compliance with this division and no further environmental review is required under this division, so long as the projects comply with Article 4.6 (commencing with Section 3280) of Chapter 1 of Division 3, as that article read on January 1, 2025.

(d) This section applies prospectively to any approvals by the County of Kern with respect to the permitting of oil and gas production operations under any adopted local ordinance and associated development and also applies prospectively and retroactively to any causes of action and claims that are pending as of the effective date of this section, and for which no final nonappealable judgment has been entered before that date.

(e) Notwithstanding Section 21166, the Legislature’s determination in this section that the Kern County Second Supplemental Recirculated Environmental Impact Report (SCH2013081079), including all appendices (SSREIR March 2025), is sufficient for full compliance with this division and shall be final and conclusive for purposes of reliance on that report for its use by any responsible agencies. Reliance on use of that report by any responsible agency shall fully satisfy the responsible agency’s obligations under this division and shall not be subject to challenge pursuant to Section 21166.

(f) No approval may be granted by the County of Kern or the Geologic Energy Management Division in reliance on the Kern County Second Supplemental Recirculated Environmental Impact Report (SCH2013081079), including all appendices (SSREIR March 2025), with respect to any operation located in a health protection zone as defined in Section 3280, regardless of whether Section 3281 is enforceable or independently prohibits that approval.

(g) The Geologic Energy Management Division shall be the lead agency under this division for projects in the County of Kern that include approval of a notice of intention under Section 3203 to drill or rework an oil gas well within 3,200 feet of a residence, educational facility, youth center, health care facility, live-in housing, or any building housing a business that is open to the public, to the extent those projects may be authorized by law. The measurement shall be made from the property line unless the building is more than 50 feet set back from the property line, in which case the measurement shall be made from the outline of the building footprint to 3,200 feet in all directions.

(h) The Geologic Energy Management Division shall not approve more than 2,000 notices of intention per calendar year to drill new wells in reliance on the Second Supplemental Recirculated Environmental Impact Report (SCH2013081079) as a responsible agency under this section, unless the State Energy Resources Conservation and Development Commission makes a formal finding that additional permit issuance is necessary for in-state crude oil production to supply 25 percent of in-state refinery feedstock demand, and that the production would likely help reduce costs for retail consumers of gasoline in the state.

(i) Because the Kern County Second Supplemental Recirculated Environmental Impact Report (SCH2013081079), including all appendices (SSREIR March 2025), analyzes activities only through the end of 2035, further environmental review is required to satisfy the lead agency’s obligations under this division for any County of Kern ordinance on oil and gas permitting enacted on or after January 1, 2026, unless that ordinance only corrects minor typographical errors and formatting to the zoning ordinance referenced in subdivision (b).

(j) This section shall remain in effect only until January 1, 2036, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2036, deletes or extends that date.

history: (History: Added by Stats. 2025, Ch. 118, Sec. 6. (SB 237) Effective January 1, 2026. Repealed as of January 1, 2036, by its own provisions.)


text:
(a) This division does not apply to a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code.

(b) (1) Subdivision (a) does not apply to either of the following:

(A) A rezoning that would allow for the construction of a distribution center or for oil and gas infrastructure.

(B) A rezoning that would allow for construction to occur within the boundaries of any natural and protected lands as defined pursuant to Section 21067.5.

(2) (A) (i) Subdivision (a) applies to a rezoning that contains within its boundaries any natural and protected lands as defined pursuant to Section 21067.5 if those natural and protected lands are excluded from the rezoning.

(ii) The definition of “natural and protected lands” described in clause (i) does not include the lands described in subdivision (p) of Section 21067.5.

(B) The rezoning of any parcel or portions of a parcel that is excluded from a rezoning under this paragraph shall be a separate project that is subject to this division.

history: (History: Added by Stats. 2025, Ch. 24, Sec. 6. (SB 131) Effective June 30, 2025.)


text:
The University of California and the California State University are not required to conduct a “no project” alternative analysis described in subdivision (e) of Section 15126.6 of Title 14 of the California Code of Regulations in an environmental impact report, a supplemental environmental impact report, or an addendum for a development project, for which the University of California or the California State University, respectively, is the lead agency, if all of the following conditions are met:

(a) The lead agency finds that the development project is necessary to achieve the campus’ share of the enrollment goals set forth in Section 66002 of the Education Code.

(b) The University of California or the California State University, respectively, has provided the forecast of changes in enrollment levels for purposes of developing the most recent proposed methodology that allocates regional housing needs pursuant to paragraph (9) of subdivision (e) of Section 65584.04 of the Government Code.

(c) One of the following conditions is satisfied:

(1) The development project is consistent with Section 67504 of the Education Code and Section 21080.09 of this code.

(2) The development project is deemed by the applicable transportation planning agency designated under Sections 29532 and 29532.1 of the Government Code as consistent with the use designation, density, building intensity, and applicable policies specified for the area of the development project in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board has accepted the metropolitan planning organization’s determination that the strategy would, if implemented, achieve the greenhouse gas emission reduction targets established by the State Air Resources Board, pursuant to clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code. The written determination that the project is consistent shall be submitted by the metropolitan planning organization.

history: (History: Added by Stats. 2025, Ch. 517, Sec. 5. (SB 486) Effective January 1, 2026.)