On the agenda: Riverside meeting — Data Center (Feb 24)

WESTERN MUNICIPAL WATER DISTRICT
14205 Meridian Parkway, Riverside, CA 92518
AGENDA
COMMUNITY AND GOVERNMENT AFFAIRS
COMMITTEE MEETING
FEBRUARY 24, 2026, at 9:30 AM
To join the Zoom virtual meeting: https://wmwd.zoom.us/j/81022296831 or telephone
access: (669) 219-2599 or (669) 900-6833
Meeting ID: 810 2229 6831
Members of the public may view and/or participate in this meeting in person, online via
Zoom, or by viewing the live-streamed meeting at www.WesternWaterCA.gov. This
meeting may also be video recorded for on demand viewing and broadcasting purposes.
Primary notice of this meeting will be the physical posting of the agenda in the public
notice area, located at the District’s Headquarters office, 14205 Meridian Parkway,
Riverside, California 92518. In addition, every effort will be made to publish this agenda
on the District’s website at: https://wmwd.primegov.com/public/portal, subject to technical
difficulties, such as power failure, internet disruption, or other third-party interference.
Members of the public who wish to comment on any item within the jurisdiction of the
District, or any item on the agenda, may make comments in person, virtually via Zoom at
the time noted on the agenda, or by submitting comments in writing at the following web
address: https://wmwd.com/publiccomments, by in-person delivery or via U.S. Mail
addressed to the District’s Headquarters office. Written comments received by 4:30 p.m.
on February 23, 2026 will become part of the Board meeting record. Pursuant to
Government Code Section 54957.5, any writing that (1) is a public record; (2) relates to
an agenda item set for open session of a regular meeting of the Board of Directors; and
(3) is distributed less than 72 hours prior to that meeting, will be made available for public
inspection at the time the writing is distributed to the Board of Directors. Any such writing
will be available for public inspection at the District office located at 14205 Meridian
Parkway, Riverside, California 92518. In addition, such writing may also be posted on the
District’s website at https://wmwd.primegov.com/public/portal. Any person with a disability
who requires a modification or accommodation in order to participate in this meeting, or
the agenda or agenda packet documents made available in an appropriate alternative
format, or any person with limited English proficiency (LEP) who requires language
assistance to communicate with the Western Municipal Water District Board of Directors
during the meeting, should contact the Western Municipal Water District Board Secretary
at (951) 571-7209 or [email protected], no less than 72 hours prior to this
meeting, to enable the Western Municipal Water District to make reasonable
arrangements to ensure accessibility or language assistance for this meeting.

Agenda Page 1

Western Water | Community and Government Affairs Committee Meeting
February 24, 2026
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC COMMENTS

Members of the public may address the Committee regarding any item within the subject matter
jurisdiction of the Committee; however, no action may be taken on off-agenda items unless
authorized by law. Comments shall be limited to matters not listed on the agenda. Members of
the public may comment on any matter listed on the agenda at the time that the Committee
considers that matter. Each individual’s comment is limited to a maximum of three (3) minutes;
however, the Presiding Officer reserves the right to reduce the amount of time each individual
can speak in order to ensure all members of the public have an opportunity to comment.

4. CONSENT Consent Calendar items are expected to be routine and non-controversial and are

to be acted upon by the Committee by one motion, without discussion. If any Committee member,
staff member, or interested person requests that an item be removed from the Consent Calendar
for further discussion, it will be moved to the first item on the Action Agenda.

A. Approve the Minutes of the December 9, 2025, Community and Government
Affairs Committee Meeting
5. ITEMS TO BE ADDED TO THE AGENDA

(If any) In accordance with Section 54954.2 of the Government Code, upon determination by a
two-thirds vote of the legislative body, or, if less than two-thirds of the members are present, a
unanimous vote of those members present that there is a need to take action, and the need to
take action arose after the agenda was posted.

6. UPCOMING BOARD ITEMS/RECOMMENDATIONS TO BE MADE TO THE FULL
BOARD

The following items on the Agenda call for discussion and action by the Committee. All items are
placed on the Agenda so that the Committee may discuss and take action on the item, if the
Committee is so inclined.

A. Take a Support Position on the Proposed Ballot Measure: “California Change
Environmental Review Process for Essential Projects Initiative”
B. Receive and File the January-February 2026 Government Affairs and Legislative
Update
7. REPORTS
The following agenda items are reports. They are placed on the Agenda to provide information to
the Board and the public. There is no action called for in these items

Western Water | 14205 Meridian Parkway, Riverside | 951.571.7100 | WesternWaterCA.gov

Agenda Page 2

Western Water | Community and Government Affairs Committee Meeting
February 24, 2026
A. GENERAL MANAGER REPORT
1. The Association of California Water Agencies Joint Powers Insurance Authority ReElection Concurring Resolution
B. ASSISTANT GENERAL MANAGER/COMMUNICATIONS AND CUSTOMER
EXPERIENCE REPORT
C. STRATEGIC COMMUNICATIONS REPORT
1. Upcoming Messaging Priorities
D. CUSTOMER EXPERIENCE REPORT
1. Water Efficiency Program Update
2. Water Education Program Update
E. CUSTOMER SERVICE REPORT
8. NEXT MEETING
A. Tuesday, March 24, 2026, at 9:30 a.m.
9. ADJOURNMENT

Western Water | 14205 Meridian Parkway, Riverside | 951.571.7100 | WesternWaterCA.gov

Agenda Page 3

WESTERN MUNICIPAL WATER DISTRICT
MINUTES OF THE
COMMUNITY AND GOVERNMENT AFFAIRS COMMITTEE
MEETING
OF DECEMBER 9, 2025
1. CALL TO ORDER
Director Roughton called the Community and Government Affairs Committee Meeting
to order at 9:30 a.m. on Tuesday, December 9, 2025, in the Western Municipal Water
District Training Room, 14205 Meridian Parkway, Riverside, California.
2. ROLL CALL
Roll call of the Board of Directors was taken by Administrative Assistant Candice
Haro. The following Board members were in attendance:
Director’s Present
Director Laura Roughton
Director Mike Gardner
3. PUBLIC COMMENTS
Members of the public may address the Committee regarding any item within the subject matter
jurisdiction of the Committee; however, no action may be taken on off‐agenda items unless
authorized by law. Comments shall be limited to matters not listed on the agenda. Members of
the public may comment on any matter listed on the agenda at the time that the Committee
considers that matter. Each individual’s comment is limited to a maximum of three (3) minutes;
however, the Presiding Officer reserves the right to reduce the amount of time each individual
can speak in order to ensure all members of the public have an opportunity to comment.

None.
4. CONSENT

Consent Calendar items are expected to be routine and non‐controversial and are to be acted
upon by the Committee by one motion, without discussion. If any Committee member, staff
member, or interested person requests that an item be removed from the Consent Calendar
for further discussion, it will be moved to the first item on the Action Agenda.

Agenda Page 4

Western Water | The Community and Government Affairs Committee Meeting
February 24, 2026
A. Approve the Minutes of the October 28, 2025, Community and Government
Affairs Committee Meeting of the Whole
Committee members approved minutes of the October 28, 2025, Community and
Government Affairs Committee Meeting, with no changes.
5. ITEMS TO BE ADDED TO THE AGENDA
(If any) In accordance with Section 54954.2 of the Government Code, upon determination by a
two‐thirds vote of the legislative body, or, if less than two‐thirds of the members are present, a
unanimous vote of those members present that there is a need to take action, and the need to
take action arose after the agenda was posted.

None.
6. RECOMMENDATIONS TO BE MADE TO THE FULL BOARD
The following items on the Agenda call for discussion and action by the Committee. All items are
placed on the Agenda so that the Committee may discuss and take action on the item, if the
Committee is so inclined.

A. Receive and File the November-December 2025 Government Affairs and
Legislative Update
This item was presented by: Michael Hadley, Government Affairs Officer II
Committee Recommendation: Forward Item 6A to the full Board of Directors for
consideration.
B. Adopt Western Municipal Water District’s Legislative Policy Platform and
Principles and Updated State and Federal Priorities for 2026
This item was presented by: Michael Hadley, Government Affairs Officer II
Committee Recommendation: Forward Item 6B to the full Board of Directors for
consideration.
7. REPORTS
The following agenda items are reports. They are placed on the Agenda to provide information
to the Board and the public. There is no action called for in these items

A. GENERAL MANAGER REPORT
1. Riverside Local Agency Formation Commission 2026 Election and Call for
Nomination
Western Water | 14205 Meridian Parkway, Riverside | 951.571.7100 | WesternWaterCA.gov

Agenda Page 5

Western Water | The Community and Government Affairs Committee Meeting
February 24, 2026
General Manager Craig Miller informed the Committee of the Call for
nominations from the Riverside Local Agency Formation Commission (LAFCO).
If there is any interest in running for the seat or candidates they’d like to support,
they can contact Board Secretary Tammi Ford.
B. ASSISTANT GENERAL MANAGER REPORT
1. Association of California Water Agencies’ 2025 Fall Conference Recap
General Manager Craig Miller reported that the 2025 Fall ACWA conference
went very well with many general managers and Board members in attendance.
He stated staff was able to participate in many productive meetings with our
water industry counterparts, and said it was very rewarding to have so many
people talking about Senate Bill (SB 72) and next steps.
2. Water Solutions Summit Update
Craig Miller, General Manager, reported that the Water Solutions Summit group
met to lay the groundwork for how to develop an advisory committee with the
California Department of Water Resources (DWR). Carla Nemeth, Director of
DWR, along with her Deputy, Joel Metzger, will be overseeing the DWR water
plan, and have been very supportive, and are ready to help develop additional
water supply for the state.
Sarah Macdonald, Assistant General Manager, added the consensus from the
group was that this gives us something to stand on as we shift administrations
with the upcoming elections. It allows us to move forward with durability,
credibility and momentum. Key takeaways from DWR and their academic data
and research were that our goals are achievable. SB72 is the framework that’s
needed to make change, and they are ready to lead by moving from reactivity
to proactivity.
Lastly, she mentioned that MWD’s legislative policies were included as an
attachment since they are our wholesaler and reminded the Committee of how
important it is to know where they stand so we can align with them. There is a
legislative staff tour coming up next week to remind MWD of our top priorities
and show them our facilities; WRCWRA will be shown on December 18th, 2025.
C. STRATEGIC COMMUNICATIONS REPORT
1. Sponsorships and Upcoming Events
Strategic Communications Manager, Grace Cardenas, provided the Committee
with an overview of the upcoming Employee Recognition event on December
17th. Grace also brought to the Committee’s attention the State of the County
Western Water | 14205 Meridian Parkway, Riverside | 951.571.7100 | WesternWaterCA.gov

Agenda Page 6

Western Water | The Community and Government Affairs Committee Meeting
February 24, 2026
event on December 11th, and the Water Policy Forum and Dinner with MWDOC
on January 27th where MWD’s new General Manager, Shivaji Deshmukh, will
be presenting.
D. CUSTOMER EXPERIENCE REPORT
1. Customer Feedback and Readiness Research Update
Customer Experience Manager, Michelle Adams, provided the Committee with
an overview of the customer insights program. The surveys used within this
program help drive our strategic priorities and gauge readiness, while
improving clarity and trust with our customers. A nonfunctional turf awareness
survey was sent to our commercial customers to see if they are ready to comply
with Assembly Bill 1572. She stated this will help Western Water establish a
baseline of awareness and guide the implementation phase, ensuring we build
the nonfunctional turf program in a way that truly meets our customers’ needs.
The other survey currently underway is the customer experience survey
conducted in partnership with CMUA every two years. Its value is that it allows
us to compare Western Water data with statewide results, and insights gained
can be used in program development and outreach planning.
E. CUSTOMER SERVICE REPORT
None.
F. DIRECTORS REPORTS AND REQUESTS
None.
8. NEXT MEETING
A. Tuesday, January 27, 2026, at 9:30 a.m.
9. ADJOURNMENT
There being no further business before the Committee, Director Roughton adjourned
the meeting at 10:58 a.m.

Western Water | 14205 Meridian Parkway, Riverside | 951.571.7100 | WesternWaterCA.gov

Agenda Page 7

Agenda Item: 6A
Date: February 24, 2026
TO: THE COMMUNITY AND GOVERNMENT AFFAIRS COMMITTEE
Director Laura Roughton, Committee Member
Director Fauzia Rizvi, Committee Member
FROM: Sarah Macdonald, Assistant General Manager

TAKE A SUPPORT POSITION ON THE PROPOSED BALLOT MEASURE:
“CALIFORNIA CHANGE ENVIRONMENTAL REVIEW PROCESS FOR
ESSENTIAL PROJECTS INITIATIVE”
RECOMMENDATION:
Staff requests the Community and Government Affairs Committee recommend the Board
of Directors:
1. Take a support position on a proposed ballot measure titled, the “California
Change Environmental Process for Essential Projects Initiative.”
EXECUTIVE SUMMARY:
The California Change Environmental Process for Essential Projects Initiative is currently
collecting the required signatures to appear on the November 3, 2026, General Election.
The intent of the initiative is to expedite environmental review for “essential” projects
related to housing, transportation, water, health, and clean energy. If passed by a majority
of voters during the election, the initiative would set deadlines for California Environmental
Quality Act review and required actions, as well as set deadlines for lawsuits and limit
courts' review of these projects to 270 days. As a top legislative priority outlined in
Western Municipal Water District’s 2026 Legislative Priorities, staff is recommending a
support position on the ballot initiative.
BUDGET IMPACT:
Taking a support position for a ballot initiative has no budget impact.
Western Water | 14205 Meridian Parkway, Riverside | 951.571.7100 | WesternWaterCA.gov

Agenda Page 8

Western Water | Community and Government Affairs Committee Meeting
Agenda Item: 6A
DETAIL:
The California Environmental Quality Act (CEQA) is a state law passed in 1970 that
requires state and local government agencies to consider the total environmental impact
of a project before approving it and to share this information with the public. Project
representatives must submit their applications to a government agency, including city,
county or state department, known as the lead agency. This lead agency prepares an
initial study to assess the project’s environmental impact if CEQA approval is required. If
the assessment shows that the project will have significant unavoidable environmental
impacts, the agency must prepare a detailed Environmental Impact Report (EIR). This
report includes a public review, in which the agency must respond to public comments.
Moreover, CEQA decisions can be challenged in court if people believe the review
process was not conducted properly.
Over the last several decades, CEQA has been leveraged by special interest groups to
significantly delay or even stop important projects from being developed. Delays due to
CEQA create significant cost increases for critical projects and sometimes force projects
to be abandoned. While many CEQA reform measures have been attempted in California,
only minimal changes have been successful, thus prompting the need to put forward a
ballot initiative.
The California Chamber of Commerce is lead on moving forward the ballot measure titled
the “California Change Environmental Process for Essential Projects Initiative” (Initiative),
which, if it collects 546,651 valid signatures by June 25, 2026, will appear on the
November 3, 2026, General Election ballot for consideration by California voters. While
affordability is a major topic of discussion in the legislature, the California Chamber of
Commerce is addressing this by moving the ballot initiative to achieve an efficient CEQA
approval process, which would reduce the cost for taxpayers, improve Californians quality
of life, and create jobs, all while still protecting California’s environment and ensuring local
communities and stakeholders have a voice in the process.
The Initiative reforms CEQA by requiring expedited environmental review for “essential
projects” related to housing, transportation, water, health, and clean energy by setting
deadlines for review and required actions; 30 days to check completeness, and 90 or 365
business days for environmental review based on the complexity of the projects. This
expedited process will also reduce the requirement for public agencies to consider all
possible alternatives and make the consultation process with the public and tribal
communities simpler for addressing environmental impacts. The measure also shortens
the approval process further by setting deadlines for lawsuits and limiting courts to review
these projects within 270 days (with the possibility of extending it by an additional 90

Western Water | 14205 Meridian Parkway, Riverside | 951.571.7100 | WesternWaterCA.gov

Agenda Page 9

Western Water | Community and Government Affairs Committee Meeting
Agenda Item: 6A
days), as well as restricting what evidence courts can consider and what remedies they
can order.
More specifically, “essential projects” are defined as follows in the Initiative:
1. Clean drinking water and secure water supplies for communities across the state;
and
2. Safe, modern hospitals and clinics to ensure access to affordable health care; and
3. Clean energy and reliable electricity to reduce energy bills and fight climate
change; and
4. Housing of all types to make housing more affordable for families struggling with
skyrocketing rents and mortgages, as well as vulnerable senior populations; and
5. Roads, bridges, and transit to reduce traffic congestion and improve public safety;
and
6. Wildfire prevention and resilience projects to protect lives, homes, and natural
resources; and
7. Safe, modernized public schools and educational facilities for students and
educators; and
8. Broadband and telecommunications infrastructure to connect underserved
communities and expand opportunity.
Short-term costs: The measure requires the creation of new guidelines and standards,
adjustment of existing review processes, and responsiveness to temporary legal
challenges related to the adjusted decision-making process. These new requirements
may increase administrative and legal costs for state and local governments in the early
years. However, these agencies may cover the extra costs through fees and
reimbursements from private projects.
Long-term costs: Although limiting the review process window for these agencies may
increase staffing costs to meet review deadlines, savings for local and state agencies are
anticipated mainly from limiting the scope of environmental review and reducing the size
of administrative records. Moreover, as these agencies implement new processes, it is
expected that fewer lawsuits will occur, further reducing the costs of environmental
reviews.
This Initiative falls under Western Municipal Water District’s (Western Water) 2026 state
legislative priority of “Support measures that would help streamline and modernize the
permitting process for water-related projects.” As a public agency, Western Water is
prohibited from advocating on ballot measures/initiatives but can educate the public and
Western Water | 14205 Meridian Parkway, Riverside | 951.571.7100 | WesternWaterCA.gov

Agenda Page 10

Western Water | Community and Government Affairs Committee Meeting
Agenda Item: 6A
external partners on the agency’s position once adopted by the Board of Directors during
a public meeting.
REASON FOR ACTION:
Ballot measure positions require formal action by the full Board of Directors.
SOLUTION:
Take a support position on the California Change Environmental Process for Essential
Projects Initiative.
STRATEGIC PRIORITIES REFERENCE:
This item aligns with Western Water’s Strategic Priority of Superior Service.
LEGAL COUNSEL REVIEW:
Staff has determined that legal review of this item is not necessary.
PROPOSED DATE OF ACTION:
If approved by the Committee, this item is scheduled for consideration by the full Board
of Directors at their meeting on March 18, 2026, or at a subsequent meeting, if necessary.
Respectfully submitted by:
Sarah Macdonald
Assistant General Manager/Communications and Customer Experience

Attachments:
1. Building an Affordable California Act Presentation
2. Building an Affordable California Act Essential Water Projects Fact Sheet
3. California Change Environmental Process for Essential Projects Initiative proposal

Western Water | 14205 Meridian Parkway, Riverside | 951.571.7100 | WesternWaterCA.gov

Agenda Page 11

Attachment 1

Building an Affordable
California Act:

A viable path for CEQA Streamlining

January 2026
Agenda Page 12

The Problem: CA’s Outdated Project Approval System is
Blocking Essential Projects & Driving Up CA’s Cost of Living
• Housing: Permitting and approval delays add more than $75,000 to the cost of a new
home — pushing rents and mortgages higher.
• Infrastructure: Bureaucratic delays add billions in taxpayer and consumer costs for roads,
bridges, water systems, and energy projects that businesses rely on

• Environment & Safety: Projects that reduce emissions and wildfire risk are trapped in years
of review and litigation

RESULT: California Is Failing to Deliver the Basics—And We’re All Paying the Price

Agenda Page 13

The Solution:
The Building an Affordable California Act modernizes
the state’s outdated approval process to build
essential projects faster and more affordably.

Agenda Page 14

Building an Affordable California Act: Core Reforms
Streamlined Approvals – More Predictability & Accountability
• Enforceable Timelines: Agencies must complete environmental review within 365 days.
o

Missed deadline → public hearing and final action within 60 days.

• Clear Standards: Decisions based on clear, written rules—like local ordinances, environmental
laws or zoning standards—in place when applications are submitted.

• Public Comment: Establishes a firm 45-day public comment window.
• Streamlined Alternatives: Narrows the "alternatives" requirement to two options: the
required “no project” scenario and one applicant-proposed alternative design that reduces
environmental impacts.

Agenda Page 15

Building an Affordable California Act: Core Reforms
Fairer Reviews – Faster, Evidence-Based Reviews
• Judicial Shot Clock: Courts must fully resolve legal challenges within 270 days.
• Clear, Objective Standards: Courts may only overturn approvals if agencies failed to follow a
clear, written rule—like local ordinances, environmental laws or zoning standards—that was in
place when the application was submitted.
• Fix What’s Broken: If one part of the environmental review is flawed, only that section must
be fixed—allowing the rest of the project to move forward on schedule.

• Evidence-Based Review: Courts must uphold approvals supported by substantial evidence.

Agenda Page 16

Building an Affordable California Act: Essential Projects

Water

Housing

Schools

Healthcare Facilities

Transportation

Clean Energy

Public Safety &
Wildfire Resilience

Broadband

NOTE: Streamlining also applies to all ancillary infrastructure necessary to serve or connect essential projects.

Agenda Page 17

Bottom Line
The Building an Affordable California Act will:
•

Streamline reviews and eliminate costly delays

•

Curb frivolous lawsuits that block essential projects

•

Protect taxpayers by keeping public projects on time and on budget

•

Lower the cost of housing, infrastructure, and essential services

•

Maintain community input and local control

•

Protect California's strong environmental, worker and tribal cultural resources
protection standards.

It’s time to cut red tape and make California more affordable for everyone.

Agenda Page 18

ASK:

Endorse the Building and
Affordable California Act
Today!
BuildAffordableCA.com

Agenda Page 19

APPENDIX

Agenda Page 20

Campaign Phases
Phase 1: Initial Research,
Viability Assessment &
Measure Design

Phase 2: Measure Filing,
Qualification & Early
Campaign Activities

Phase 3: Voter Education &
Persuasion Campaign

April 2025 – September 2025

October 2025 – June 2026

July 2026 – November 2026

• Polling and focus groups

• Nov. 25th: Final measure filed

• Legal & policy research

• Dec. 26th: Received title & summary

• Measure design

• Jan. 7th: Signature gathering begins

• Full campaign to pass measure with
voters.

• Mid-April 2026: Target signature
submission

APRIL 2025

NOV 2026

Agenda Page 21

Building an Affordable California Act: Core Reforms
Reform

Description
• Application Completeness: Agencies have 30 days to determine completeness—otherwise the application is deemed
complete. Incompleteness notices must include an exhaustive list of missing items. Applicants get 90 days to cure;
agencies get a final 30-day review. Any appeals must be resolved within 60 days.
• CEQA Track Determination: Agencies must determine CEQA track within 30 days of completeness.

Agency Review
Shot Clocks

• CEQA Review: Agencies must complete review within 90 days (exemptions/addenda); 180 days (NDs/MNDs); or
365 days (EIRs). If they miss a deadline, the applicant can force a public hearing requiring action within 60 days.
• Concurrent Timelines: All other required permits and approvals must be issued within 90 days of completeness or an
exemption determination.
• Phased Approvals: “Essential” components of a larger project are eligible for shot clocks even if the full project is not.
If an essential project is built in multiple phases, all phases are eligible for shot clocks.

Objective
Standards

• Vested Rights: Agencies must evaluate projects based on clear, written standards in effect when the application was
submitted, including ordinances, regulations, building/zoning standards and any published or routinely used
thresholds of significance.
• Judicial Review: Courts may only overturn a project’s approval if the lead agency failed to follow an objective, written
standard in effect at application submittal.

Agenda Page 22

Building an Affordable California Act: Core Reforms
Reform

Description

Alternatives

Narrows the “alternatives” analysis to two: one applicant-proposed alternative and the required “no project” option.

Judicial Review Shot
Courts must fully resolve legal challenges within 270 days.
Clock Remedy

Severance

If a court finds a flaw in a project’s CEQA document, it may order only that specific issue be fixed—allowing all
compliant parts of the project to proceed.

Substantial
Evidence Standard

Courts must uphold a project’s approval if the agency’s decision was supported by substantial evidence.

Public Comment

Establishes a 20-day public comment period for NDs/MNDs and a 45-day public comment period for EIRs.
Agencies must respond to timely comments. Late comments are not considered—except for late comments filed
before a noticed hearing on issues that could not reasonably have been raised earlier.

Agenda Page 23

Building an Affordable California Act: Essential Projects
• Clean Energy: Projects that advance California’s clean energy and reliability goals including solar, wind, geothermal, small hydro, fuel cells,
clean hydrogen, battery storage, carbon capture and storage, microgrids, and upgrades to the electric grid, transmission, and distribution
systems — plus EV charging and electrification projects.
• Public Safety & Wildfire Resilience: Projects that improve safety or reduce wildfire risk such as building or upgrading fire and police stations,
vegetation management and fuel reduction, undergrounding utility lines and home hardening.
• Housing: Residential and mixed-use housing developments including single-family homes, apartments, senior and student housing,
transitional and supportive housing, farmworker housing, and conversions of commercial buildings to residential.

• Water: Projects that repair, replace, or improve water systems including dams, pipelines, desalination and recycling plants, stormwater capture,
and infrastructure identified in the State’s Water Resilience Portfolio.
• Transportation: Projects that improve traffic flow, safety, or access to public transit including roads, bridges, sidewalks, and public transit
upgrades, as well as EV charging.
• Public Health: Projects that build or modernize health care facilities including hospitals, clinics, and medical office buildings.

• Broadband & Digital Communication: Projects that expand high-speed internet access including new or upgraded fiber, wireless broadband,
and rural/underserved connectivity.
• Education: Projects that build or modernize educational facilities including K-12 schools, community colleges, CSU/UC campuses, classrooms,
labs, and student support facilities.

NOTE: Streamlining also applies to all ancillary infrastructure necessary to serve or connect essential projects.

Agenda Page 24

Essential Water Projects
• Projects that repair, replace, or improve California’s water systems, including:
o

Surface water storage including dams and reservoirs

o

Pipelines, aqueducts, canals, and other conveyance facilities

o

Desalination plants (brackish or seawater)

o

Water recycling and advanced purification facilities

o

Water quality treatment facilities

o

Stormwater capture and reuse projects

o

Groundwater recharge and recovery projects

o

Flood-management and multi-benefit resilience projects

Infrastructure identified in the State’s Water Resilience Portfolio
o Distribution system replacement (aging pipes, service lines, smart metering)
o

Agenda Page 25

Essential Clean Energy Projects
• Renewable energy generation including solar, wind, geothermal, small hydro, fuel cells and other
generation technologies using renewable fuels.

• Clean hydrogen projects including production, storage, distribution, and end-use facilities that use
renewable electricity or low-carbon feedstocks to generate hydrogen, including:
o

Electrolyzers, compression and liquefaction systems, and fueling infrastructure

o

Hydrogen transmission and distribution pipelines

• Battery and Energy Storage Systems
• Carbon Capture, Utilization, and Storage (CCUS)
• Microgrids and Distributed Energy Resources

• Electric grid modernization and transmission upgrades including substations, transmission lines,
and distribution system upgrades.
• Electrification and EV Infrastructure including EV charging, fleet electrification, and replacing
existing fossil-fuel equipment to electric systems.

Agenda Page 26

Essential Housing Projects
• Single and multi-family housing developments
• Mixed-use developments that combine residential and nonresidential uses and meet
either of the following:
o
o

At least two-thirds (⅔) of new or converted square footage is designated for residential use
At least 50% of new or converted square footage is designated for residential use and the project
creates at least 500 net new units

• Affordable and workforce housing
• Transitional and supportive housing
• Senior and student housing, including assisted living facilities
• Farmworker housing
• Adaptive reuse and conversions

Agenda Page 27

Essential Transportation Projects
• Road and highway projects (construction, expansion, improvements)

• Bridge replacements, seismic retrofits, and bridge widening
• Tunnels and tunnel safety upgrades
• Interchanges, ramps, and grade separations
• Freight movement corridors (truck lanes, logistics connectors)
• Bike lanes, pedestrian safety improvements, complete streets
• Public transit projects (bus rapid transit, subway/light-rail improvements, stations,
maintenance yards)

• Traffic flow projects (signal synchronization, roundabouts, congestion relief projects)
• Electric vehicle charging infrastructure
• Hydrogen refueling stations

Agenda Page 28

Essential Public Health Projects
• Projects that build, upgrade or repair:
o

Public and private hospitals and medical campuses

o

Medical office buildings, including medical research facilities

o

Specialized medical facilities (dialysis centers, behavioral health, surgical centers)

o

Health clinics

o

Doctor’s offices

o

Urgent care centers

o

Emergency rooms and ICU facilities

Agenda Page 29

Essential Public Safety Projects
• Projects that build, upgrade, or repair:
o

Fire stations, police stations, and other infrastructure to support first responders

o

Emergency operations centers

o

Dispatch facilities

o

Emergency evacuation routes

• Wildfire mitigation measures, including:
o
o

Vegetation management, creating or maintaining fuel breaks
Home hardening projects (fire-resistant siding, ember-resistant vents, roofing
upgrades)

o

Utility undergrounding

o

Access road upgrades for evacuation or emergency response

Agenda Page 30

Essential Education Projects
• New or expanded K-12 public or charter schools, including classrooms, labs and other
education infrastructure
• New or upgraded classrooms and academic buildings for colleges and universities,
including:
o

All CSU and UC campuses

o

California Community Colleges

o

Accredited nonprofit private colleges and universities

• Labs, research centers and faculty offices

• Sports facilities & recreation fields
• Dining halls and other student support facilities

Agenda Page 31

Essential Broadband Projects
• Projects that build, upgrade or repair broadband infrastructure, including:
o

Wireless broadband systems

o

Fiber optic cables

o

Middle-mile and last-mile infrastructure

o

Data conduits and switching systems

o

Telecommunications centers

• Large and small cell towers and base stations
• Satellite ground stations and uplink facilities

Agenda Page 32

Attachment 2

Building an Affordable California Act:
Real CEQA Reform for Essential Water Projects
BACA Cuts Project Review & Permitting Delays by 4-9+ years
Essential Water Projects include: Water storage and conveyance infrastructure (such as dams, reservoirs, aqueducts,
and pipelines), desalination and water recycling plants, groundwater recharge and stormwater capture systems, flood
management and levee improvements, and other facilities that increase water supply reliability, water quality, or drought
resilience—including projects identified in the State’s Water Resilience Portfolio and all ancillary facilities needed to
construct or operate these projects.
Lead agencies: Department of Water Resources, State Water Resources Control Board, local planning commissions,
cities, counties and utility districts.
Project Step

Today’s Process
(Status Quo)

Under BACA
(Streamlined Timelines)

Estimated
Time Saved

Application
Completeness

30-day review exists for most projects, but
agencies often request multiple rounds of edits
with no clear finish line. Disputes over
completeness can drag 6-12+ months.

30-day deadline applies to all projects;
automatically “deemed complete” if no
response. Reviews limited to existing checklists,
with expedited resolution for disputes.

3-12 months

CEQA Track Selection
(EIR, MND/ND
or Exemption)

Agencies frequently delay deciding
which CEQA document to prepare.

Must select CEQA track or documentation type
within 30 days of application completeness.

3-6 months

CEQA
Document
Completion

365 days for EIR and 180 days for NDs, but
actual completion typically takes 3-5 years
due to agency delays and extended
public comment.

Enforceable Timelines:
EIR: 365 days
ND/MND: 180 days
Exemption/Addendum: 90 days
If missed, agency must decide within
60 calendar days.

2-4 years

Remedy if
Missed Deadlines

No consequence for delay; applicants have
no defined recourse.

Applicant can trigger hearing; agency must act
in 60 days. Applicant may seek writ.

3-6+ months

Final Agency
Decision

No statutory deadlines; final approvals often
delayed 6-12 months after CEQA completion.

Agency must issue decision within 90 days after
CEQA completion.

3-9 months

Responsible Agency
Actions

No coordinated timelines; multi-agency projects
can take an additional 9-32 months.

All Responsible Agencies must act within
90 days of application completeness.

6-27 months

Litigation
(Trial and Appeal)1

No judicial deadlines.
Typical duration: 7-10 years; if an EIR redo
is required, 8+ years.

Win: 270 days max. under judicial deadline
Loss: approx. 1.5 years for “fix-it ticket” remedy.

Win: 6+ years
Loss: 8+ years

Total Time Saved
by BACA

No litigation: 4-8 years faster
Litigation Win (greater deference to project approval under BACA): 8+ years faster
Litigation Loss: 9+ years faster

BACA also restricts scope of what can be litigated to noncompliance with objective standards, eliminates late hits, imposes substantial evidence standard (not
prejudicial abuse of discretion or fair argument), and requires severance remedy (“fix-it ticket”) for non-compliance/disallows rescission of project approvals.

1

Ad paid for by Committee to Build an Affordable California, Sponsored by the
California Chamber of Commerce. Ad Committee's Top Funders:
Edison International & Affiliated Entities
California Building Industry Association
California Chamber of Commerce
Funding Details at www.fppc.ca.gov

Agenda Page 33

Attachment 3
POLITICAL &
GOVERNMENT

LAW
ADVOCACY
LITIGATION

November 24, 2025
Hon. Rob Banta
Attorney General of California
1300 I Street, 17th Floor
Sacramento, CA 95814
Attention:
Re:

Ms. Anabel Renteria, Initiative Coordinator
Request for Title and Summary for Proposed Initiative Statute (A.G.#

25-0023)-Amended Language
Dear Mr. Bonta:
We serve as counsel for the proponent of the Building an Affordable
California Act (A.G.# 25-0023). On the proponent's behalf, enclosed are
amendments to this proposed measure submitted pursuant to subdivision (b) of
Section 9002 of the Elections Code. The $2,000 filing fee and required proponent
affidavits were included with the original submission.

All legal inquires or conespondence relative to this initiative should be
directed to:
Kurt R. Oneto
Nielsen Merksamer LLP
1415 L Street, Suite 1200
Sacramento, CA 95814
(916) 446-6752
k oneto<@nmgov I a \V. com

RECEIVED
NOV 25 2025
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S OFFICE

Kurt R. Oneto
Enclosures

Agenda Page 34

November 24, 2025

VIA PERSONAL DELIVERY
Hon. Rob Bonta
Attorney General of California
1300 I Street, 17th Floor
Sacramento, CA 95814
Attention:
Re:

Ms. Anabel Renteria, Initiative Coordinator
Request for Title and Summary for Proposed Initiative Statute (A.G. No. 250023) - Amended Language

Dear Mr. Bonta:
Pursuant to Section 9002(b) of the California Elections Code, please find attached
hereto amendments to the above-captioned initiative measure. I hereby request that a title
and summary be prepared for the initiative measure using the attached amended language.
The required proponent affidavit(s) pursuant to Sections 9001 and 9608 of the California
Elections Code, and a check for $2,000.00, were included with the original submission.
All inquires or correspondence relative to this initiative should be directed to Kurt R.
Oneto at koneto@ nmgovlaw.com or 916-446-6752.
Thank you for your assistance.
Sincerely,

Kurt R. Oneto, Proponent
Enclosure: Proposed Initiative Statute - Amended Language

Agenda Page 35

SECTION 1. Chapter 1.5 (commencing with Section 21010) is added to Division 13 of the
Public Resources Code, to read:

CHAPTER 1.5. BUILDING AN AFFORDABLE CALIFORNIA ACT
ARTICLE 1. Title, Findings and Declarations, Purpose.

21010. Title.
This chapter shall be known and may be cited as the Building an Affordable California
Act.

21011. Findings and Declarations.
The People of the State of California hereby find and declare the following:
(a) California's outdated system for approving essential projects is too slow, too
bureaucratic, and too costly. Essential projects like clean water, clean energy, hospitals,
affordable housing, roads, wildfire prevention, schools, public safety, and other infrastructure
improvements are being delayed or blocked by unnecessary red tape, bureaucratic delays, and
excessive lawsuits.
(b) These delays substantially increase the cost of living for all Californians. Research
shows that permitting delays alone add tens of thousands of dollars to the price of a new home-­
driving up rents and mortgages for homeowners and renters. Similar red tape adds billions of
dollars to the cost of building hospitals, water infrastructure, roads, bridges, clean energy,
schools, broadband, and wildfire mitigation projects-costs ultimately passed on to consumers
and taxpayers.
(c) California's permitting laws were written more than 50 years ago, before today's
modem environmental laws were in place. That outdated system now works against the state's
environmental and public health goals by slowing down or blocking essential projects that would
reduce air pollution, lower greenhouse gas emissions, safeguard water supplies, protect
communities from wildfire, and preserve wildlife and the environment.
(d) The Building an Affordable California Act will modernize and streamline state law to
cut bureaucratic red tape and unnecessary delays; limit frivolous lawsuits that block essential
Page 1of41

Agenda Page 36

projects while allowing public agencies and essential project applicants to continue sharing the
burden of defending against such suits; and speed up delivery of projects Californians rely on
every day.
(e) Every year of delay means Californians wait longer and pay more for the things they
need most. The Building an Affordable California Act applies to the state's most essential
projects, including:
(I) Clean drinking water and secure water supplies for communities across the state.
(2) Safe, modem hospitals and clinics to ensure access to affordable health care.
(3) Clean energy and reliable electricity to reduce energy bills and fight climate change.
(4) Housing of all types in order to make housing more affordable for families struggling
with skyrocketing rents and mortgages as well as vulnerable senior populations.
(5) Roads, bridges, and transit to cut traffic congestion and improve public safety.
(6) Wildfire prevention and resilience projects to protect lives, homes, and natural
resources.
(7) Safe, modernized public schools and educational facilities for students and educators.
(8) Broadband and telecommunications infrastructure to connect underserved
communities and expand opportunity.
(f) By speeding up these essential projects, the Building an Affordable California Act will
make California more affordable and lower the cost of housing, energy, electricity, health care,
and other necessities, while also reducing taxpayer costs for public works projects.
(g) The Building an Affordable California Act will also jump-start projects that create
well-paying jobs and put tens of thousands of Californians to work-especially in construction,
clean energy, and infrastructure-helping grow California's economy when it is needed most.
(h) Importantly, the Building an Affordable California Act maintains state and federal
clean air, clean water, and environmental protection laws such as the Endangered Species Act,
the Safe Drinking Water Act, the Toxic Substances Control Act, the Clean Water Act, the Clean
Air Act, the Environmental Quality Improvement Act, the Global Warming Solutions Act, the
California Coastal Act, and the Resource Conservation and Recovery Act. This chapter will help
build the projects needed to make California more affordable-without repealing these laws that
keep families and the environment safe.
Page 2 of41

Agenda Page 37

(i) We can and must build an affordable California.

21012. Statement of Purpose.
The purpose of this chapter is to make California more affordable by streamlining and
speeding approval of essential projects-reducing costs for families and taxpayers, improving
quality of life, creating good jobs, and maintaining California's strongest-in-the-world
environmental protections.

ARTICLE 2. Application of Chapter and Interaction with Other Laws.

21013. Projects Subject to this Chapter.
This chapter applies only to essential housing projects, essential clean energy projects,
essential water projects, essential public health projects, essential public safety projects, essential
broadband Internet access projects, essential education facility projects, and essential
transportation projects, which the People of California hereby declare to be critical to their
quality of life and affordability in this state.

21014. Application of Chapter.
(a) This chapter does not diminish the authority of any public agency to approve or
disapprove an essential project. No outcomes on any proposed essential project are preordained
by this chapter.
(b) This chapter does not exempt any essential project from environmental review under
this division or any other law. Instead, this chapter establishes clear timelines and other
procedures for review under this division and administrative permit review for essential projects.
(c) Except as otherwise provided herein, this chapter shall apply to review and processing
of any and every application or approval for an essential project and its accompanying land use
entitlements, including without limitation, discretionary adjudicative and legislative land use
entitlements triggering programmatic, plan-level, or project-level environmental review under
this division.
(d) This chapter shall apply to all public agencies.
Page 3 of41

Agenda Page 38

(e)(l) To the extent a conflict exists between this chapter and any other law, this chapter
shall be controlling. Notwithstanding anything to the contrary, this chapter shall not abrogate or
limit any otherwise applicable statutory or categorical exemption from this division.
(2) Notwithstanding Section 21100 or any other law, the provisions of this chapter shall
control and supersede any conflicting requirement for environmental review of an essential
project, and any accompanying permit review. No provision of Section 21100 or any other law
shall invalidate or limit the application of this chapter to an essential project.
(t)(l) An application for an essential project that was submitted to a public agency prior
to the effective date of this chapter, and that has not yet received final approval prior to that date,
may be withdrawn and resubmitted after the effective date of this chapter.
(2) An application for an essential project that is withdrawn and resubmitted as provided
in paragraph ( 1) can be reviewed and approved pursuant to the provisions of this chapter.
(3) Essential housing projects with applications withdrawn and resubmitted as provided
in paragraph ( 1) shall not lose any vested rights or other benefits the applicant acquired through
any provisions of law, including without limitation, the Subdivision Map Act, Housing
Accountability Act (Section 65589.5 of the Government Code), the Builder's Remedy (Statutes
of 2024, chapter 268), and the Housing Crisis Act of 2019 (Statutes of 2019, chapter 654). Vested
rights shall relate back to the date any preliminary application under Section 65941.1 of the
Government Code was submitted or the date vesting occurs under other applicable law.
(4)(A) If an application for an essential project was deemed or determined complete prior
to the effective date of this chapter, the application shall be deemed complete for purposes of this
chapter, and a public agency shall not require additional completeness review.
(B) In circumstances where an application has been withdrawn and resubmitted as
provided in paragraph ( 1), any deadlines in this chapter that are triggered by the date an
application is determined or deemed to be complete shall be calculated from the time the
essential project application is resubmitted by the applicant.
(g) The timelines and deadlines set forth in this chapter shall apply to all essential project
applications that are determined or deemed complete, pursuant to Section 21017 or any other
law, after the effective date of this chapter irrespective of the date of the application's
submission.
Page 4 of 41

Agenda Page 39

(h) Notwithstanding any other provision of law to the contrary:
(1) If an essential project is a portion or component of a larger project, the portion or
component that qualifies as an essential project may be processed, reviewed, and approved
pursuant to this chapter.
(2) If the whole of a project is an essential project, the essential project may be
implemented in multiple phases, and phased applications are not required to individually meet
the criteria for an essential project to be processed, reviewed, and approved pursuant to this
chapter.
(h) Unless otherwise stated herein, nothing in this chapter shall be construed to eliminate
or restrict a lead agency's discretion to determine an appropriate threshold or significance or
mitigation measure in preparing environmental review documents.
(i) Nothing in this chapter prohibits a public agency from imposing a fee upon an
applicant, consistent with Article XIII A and Article XIII C of the California Constitution, for
purposes of covering governmental costs associated with processing and reviewing essential
project applications.
(j) An applicant may consent to providing a public agency with additional time to
complete environmental review pursuant to Sections 21018 or 21019, or to make a decision on
other public agency action sought by the applicant pursuant to Section 21023, by agreeing to
withhold a written request that the applicant is otherwise entitled to submit pursuant to
subdivision (a) of Section 21020 or subdivision (b) of Section 21023.

21015. Interaction with Other Laws.
(a) In order to maximize the ability to streamline and speed up approval of essential
projects, an applicant may elect to utilize none, some, or all of the provisions of this chapter, and
may do so in combination with, or as alternatives to, other land use and environmental review
laws, mechanisms, or procedures. Nothing in this chapter either (A) prohibits an applicant from
availing itself of other land use and environmental review laws that would provide for more
expeditious or advantageous review and approval of essential projects compared to this chapter;
or (B) requires an applicant seeking approval of a project that meets the definition of an essential
project to utilize this chapter.
Page 5 of 41

Agenda Page 40

(b) To the extent that an ambiguity arises regarding how this chapter might operate in
conjunction with other provisions of law, the policies and intent set forth in Section 21029 shall
be controlling.
(c) The following provisions shall apply to an essential housing project:
(1) The prevailing wage provisions of paragraph (8) of subdivision (a) of Section 65913.4
of the Government Code shall apply solely to buildings over 85 feet in height above grade in any
essential housing project.
(2) The provisions of paragraph (3) and paragraph (5) of subdivision (d) of Section
21080.66, as added by Section 59 of Chapter 22 of the Statutes of 2025 (Assembly Bill 130),
shall apply to an essential housing project that utilizes this chapter.
(3)(A) In addition to a direct contractor or subcontractor, the provisions of Section 218.9
of the Labor Code shall extend to the owner of an essential housing project during construction
of the essential housing project that utilizes this chapter.
(B) For purposes of this paragraph, "owner" means an owner as defined in subdivision
(e) of Section 8182 of the Civil Code.
(d) Notwithstanding subdivision (a):
(1) All essential projects that utilize this chapter shall comply with the requirements set
forth in Section 21016 pertaining to initial screening and tribal consultation.
(2) With the exception of essential housing projects, all essential projects that utilize this
chapter shall comply with the requirements set forth in Section 21028 pertaining to applying the
labor requirements described in Section 21183.5 to essential projects.
(3)(A) Except as provided in subparagraph (B), all essential housing projects that utilize
this chapter shall comply with the requirements set forth in subdivision (c) pertaining to wages
and labor standards on essential housing projects.
(B) If an essential housing project applicant chooses to proceed in part pursuant to this
chapter, and in part pursuant to another voluntary streamlined environmental review processing
law codified outside of this chapter that also requires the use of either prevailing wages or a
project labor agreement, the applicant is required to comply with whatever prevailing wage or
project labor agreement requirements are mandated by the other streamlining law for essential
project components(s) that are processed and approved pursuant to such other streamlining law.
Page 6 of 41

Agenda Page 41

ARTICLE 3. Initial Screening, Tribal Consultation, and Completeness of Essential Project
Applications.

21016. Tribal Cultural Resources: Initial Screening and Tribal Consultation on Essential
Projects.
(a) Pumose. The People of the State of California hereby declare that this section is
necessary in order to provide for early and meaningful tribal consultation as a key element of
essential project planning while maintaining protections for tribal cultural resources. Consulting
Tribes have knowledge and expertise concerning tribal cultural resources located within essential
project areas.
(b) Construction and Intemretation.
(1) Notwithstanding Section 21015 or any other provision of law, the tribal consultation
process for essential projects shall follow the provisions set forth in this section.
(2) Nothing in this chapter is intended to alter or conflict with federal government-to­
government consultation obligations involving Consulting Tribes.
(3) The timelines established in Article 4 shall not alter the duration of consultation with
a Consulting Tribe on an essential project pursuant to Sections 21080.3.1 and 21080.3.2.
(4) If any technical studies are conducted for the essential project that inform analysis,
measures and/or treatment of tribal cultural resources, Consulting Tribes shall be afforded the
opportunity to review and provide input on those studies.
(5) When provided by a Consulting Tribe, tribal traditional knowledge shall be
incorporated in the identification, treatment, and protection measures concerning tribal cultural
resources. As tribal cultural resources is a separate category from cultural resources and
archaeological resources, some archaeological methods and standards may not be appropriate for
tribal cultural resources. If the lead agency elects not to utilize tribal methods and standards or
tribal traditional knowledge, it shall explain its decision in the environmental documents for the
essential project, supported by substantial evidence.
(6) All information regarding tribal cultural resources and tribal traditional knowledge
disclosed by a Consulting Tribe shall remain confidential consistent with subdivision (c) of
Page 7 of 41

Agenda Page 42

Section 21082.3, and such information shall not be disclosed in the administrative record of
proceedings without the permission of the Consulting Tribe. Lead agencies shall, in consultation
with affected Consulting Tribes, determine appropriate measures to maintain confidentiality of
information regarding tribal cultural resources and tribal traditional knowledge, including, but
not limited to, redaction of precise locations, restricted mapping, secure data storage, or other
protective handling of tribal cultural resources information. Any written explanation ~nder
paragraph (5) of subdivision (c) shall not be subject to challenge to the extent the lead
agency does not have permission from the Consulting Tribe to disclose supporting information
due to the confidentiality requirements of this paragraph.
(7) Completion of the initial screening process pursuant to subdivision (c) operates
separately from, and does not modify, pause, or affect, any requirements or timelines set forth in
Section 2101 7 or any other provisions of this division.
(c) Initial screening. Upon the earlier of the applicant's submittal of a preliminary
application under any other law, the applicant's written notice under subdivision (b) of Section
21024, or an application for an essential project, an early screening to identify and evaluate tribal
cultural resources shall take place. An initial screening means the act of participating in early
discussions, prior to an application being determined complete by the lead agency, through a
meet and confer process between the Consulting Tribe, lead agency, and applicant regarding the
potential effects a proposed essential project could have on tribal cultural resources. As part of
the initial screening process, all of the following shall occur:
(l)(A) An applicant shall provide the lead agency with the following existing
information:
(i) A description of the proposed essential project.
(ii) A conceptual site map showing the proposed footprint, alignment, or general
boundaries of the project area.
(iii) A vicinity map identifying major landmarks, roadways, and natural features.
(iv) Any geotechnical, environmental, and site-specific technical studies previously
developed to support meet and confer under paragraph (4) on early design, routing, or feasibility
analysis relating to and/or affecting tribal cultural resources.

Page 8 of41

Agenda Page 43

(v) For linear projects such as electric transmission lines, pipelines, rail lines, aqueducts,
communications lines, and roads, applicants must include the general corridor and the location of
any starting and ending facilities or substations.
(B) Applicants shall not be required to produce new studies or analyses for the purposes
of this subdivision. Any input under this section other than regarding the identification of tribal
cultural resources shall be provided during the tribal consultation process under subdivision (d).
(2) Within 20 days of receiving the information described in paragraph (1), the lead
agency shall complete a records search for recorded and documented archaeological resources,
cultural resources, and tribal cultural resources within the proposed project area and the area of
potential effects (APE) (as that term is defined under 36 CFR § 800.16), as determined by the
lead agency, through the following:
(A) The Sacred Lands File maintained by the Native American Heritage Commission;
(B) The California Historical Resources Information System (CHRIS) maintained by the
Office of Historic Preservation; and
(C) The lead agency's records.
(3) Upon completing the search required by paragraph (2), the lead agency shall provide
Consulting Tribes all information obtained pursuant to paragraphs (1) and paragraph (2), as well
as an invitation to meet and confer pursuant to paragraph (4 ).
(4) After receiving the information provided by the lead agency pursuant to paragraph (3)
and upon the request of a Consulting Tribe, the Consulting Tribe, lead agency, and applicant shall
meet and confer regarding the proposed essential project and any known or recorded tribal
cultural resources, and a Consulting Tribe may share any information, including information in
tribal government registers. During the meet and confer, the three parties shall identify and
evaluate treatment and protection methods, measures, and conditions to address impacts on tribal
cultural resources, including avoidance and preservation in place. Unless otherwise agreed upon
by all parties, any agreements among all the parties from the meet and confer shall be finalized
during the tribal consultation process set forth in subdivision (d). The results of the meet and
confer shall be documented and maintained by the lead agency in agreement with the Consulting
Tribe.

Page 9 of 41

Agenda Page 44

(5)(A) If a Consulting Tribe does not respond to the initial screening invitation provided
by the lead agency pursuant to paragraph (3) within 30 days, then the initial screening process
under this subdivision shall be deemed to have concluded and the parties shall move into the
tribal consultation process set forth in subdivision (d). A Consulting Tribe's decision not to meet
and confer under the initial screening process in this subdivision shall in no way affect the
Consulting Tribe's ability or right to participate in the tribal consultation process set forth in
subdivision (d).
(B) The initial screening process provided in this subdivision shall end when the tribal
consultation process set forth in subdivision (d) begins.
(C) Where the tribal consultation process set forth in subdivision (d) does not apply, the
initial screening process under this subdivision shall terminate upon the earlier date of the
parties' agreement from the meet and confer pursuant to paragraph (4) or 30 days from the date
an application for an essential project is determined complete by the lead agency or deemed
complete by operation of law.
(d) Tribal consultation. Tribal consultation for an essential project shall be conducted
pursuant to Sections 21074, 21080.3.1, 21080.3.2, 21082.3, 21084.2, and 21084.3, except as
modified as follows:
(1) The purpose of tribal consultation is to identify tribal cultural resources and evaluate
treatment and protection measures for those tribal cultural resources, including the
implementation of treatment and protection measures.
(2) Tribal consultation is not meaningful if the Consulting Tribe is not provided with
reasonably requested technical information, including, but not limited to, project information and
constraints, data, maps, and information concerning project activities as they relate to treatment
and protection of tribal cultural resources. During tribal consultation pursuant to this subdivision,
the lead agency shall engage in iterative discussions with the Consulting Tribe regarding the
development of mitigation measures related to tribal cultural resources, including preliminary
concepts or approaches prior to publication of any draft environmental document. This includes
notifying the Consulting Tribe of any existing technical studies or reports in the lead agency's
possession that relate to tribal cultural resources on or in the vicinity of the essential project site,
to the extent permitted by applicable confidentiality laws, and providing the Consulting Tribe
Page 10 of 41

Agenda Page 45

with access to such studies or reports. To the extent any draft environmental review document is
provided to the applicant for review in advance of the public comment period for that
environmental review document, such draft shall also be made available to the Consulting Tribe
at the time it is provided to the applicant. Nothing in this section shall be construed to require the
lead agency to prepare or circulate draft environmental review documents for purposes of tribal
consultation.
(3) Where the lead agency, a Consulting Tribe, and the applicant agree in writing to
measures to avoid or mitigate a significant effect on a tribal cultural resource, those measures
and any written agreement shall become enforceable conditions of project approval, subject to
the confidentiality requirements under paragraph (6) of subdivision (b).
(e) Treatment and protection of tribal cultural resources. When feasible, damaging effects
to any tribal cultural resources shall be avoided.
(1) Consistent with subdivision (b) of Section 21014, nothing in this subdivision alters
the lead agency's obligation under CEQA to avoid or mitigate significant impacts to tribal
cultural resources when feasible. Mitigation and treatment measures adopted in consultation with
the Consulting Tribe pursuant to this subdivision to avoid or minimize significant impacts to
tribal cultural resources shall be consistent with the following:
(A) Avoidance and preservation in place shall be considered when requested by the
Consulting Tribe. A tribal cultural resource may be avoided or preserved in place through project
design, buffering, or other protective measures to avoid the tribal cultural resources and protect
the cultural and natural context, or planning greenspace, parks, or other open space to
incorporate the tribal cultural resources with culturally appropriate protection and management
criteria, which are referenced in the project's environmental documents.
(B) If an essential project has the potential to cause a substantial adverse change in the
significance of a tribal cultural resource, and avoidance and preservation in place are not
feasible, the lead agency shall demonstrate and document the basis for that determination with
substantial evidence, and the Consulting Tribe may identify culturally appropriate mitigation
measures, which the lead agency shall consider and incorporate, to the extent feasible, in
developing mitigation and treatment measures in a manner consistent with paragraph (2) of
subdivision (b) of Section 21084.3.
Page 11 of41

Agenda Page 46

(C) When an essential project proposes construction-related ground disturbance
activities and when requested by the Consulting Tribe, the lead agency shall include inadvertent
discovery measures to reduce significant impacts to tribal cultural resources. Such measures
may include procedures for temporary halts of grading, identification and assessment protocols,
timing provisions, and additional treatment methods or protective measures.
(t) Essential project approval. A lead agency may only approve an essential project
pursuant to this section when all of the following apply:
(1) Tribal consultation has concluded in good faith;
(2) Where there is agreement among all parties under either paragraph (4) of subdivision
(c) or subdivision (d), any agreed-upon mitigation and avoidance measures are included as
enforceable project conditions; and
(3) If avoidance and preservation in place is not feasible, the lead agency has
demonstrated and documented the basis for that determination with substantial evidence and
incorporated other measures to minimize impacts consistent with CEQA.

21017. Determining Completeness of Essential Project Applications.
(a)(l) When a public agency receives an initial application for an essential project, the
public agency shall review the application, make a written finding whether the application is
complete, and notify the applicant in writing of the determination.
(2) The written determination of completeness for an initial application shall be made
within 30 days of the public agency's receipt of the initial application. If the public agency fails
to provide a determination of completeness within 30 days, then the initial application shall be
deemed complete for the purposes of this chapter and this division.
(3) An application shall not be determined to be incomplete on the basis of (A)
informational or analytical studies or documents that were not required by the public agency in a
written, publicly available submittal requirement checklist or similar document in existence at
the time the initial application was submitted; or (B) statutes, regulations, rules, standards, or
ordinances that are not existing laws.
(b) If the public agency's determination of completeness finds that the initial application
for an essential project is incomplete, at the time that finding is made the public agency shall also
Page 12 of 41

Agenda Page 47

provide the applicant with an exhaustive written corrections list containing thorough descriptions
of the items and specific information, or lack thereof, that led to the finding of incompleteness.
(c)(l)(A) The applicant shall, within 90 days of a notification that its initial application is
incomplete, submit additional information and/or a revised application that addresses the matters
identified on the written corrections list.
(B) If the applicant cannot comply with the 90-day deadline in subparagraph (A) to
submit either additional information or a revised application, the applicant shall notify the public
agency in writing why it is unable to do so and include an estimate of when it will be able to do
so.
(2) Upon any submission of supplemental information and/or a revised application, the
public agency shall determine if the supplemented submittal is complete based only on the
written corrections list provided by the agency pursuant to subdivision (b ). The public agency
shall provide a determination of completeness based upon the supplemented submittal within 30
days of receipt thereof. If the public agency finds that the supplemented submittal is still
incomplete, at the time that finding is made the public agency shall provide the applicant with an
updated exhaustive written corrections list therefor. The updated written corrections list may only
contain items included on the written corrections list provided in response to the applicant's
initial application.
(3) If a supplemented submittal is again deemed incomplete, the applicant may submit
additional rounds of supplemental information and/or revised applications pursuant to the
procedures and timelines set forth in this subdivision.
(4) If the public agency fails to provide a determination of completeness within 30 days
of receiving either supplemental information and/or a revised application pursuant to paragraph
(2) or paragraph (3), the application shall be deemed complete for purposes of this chapter and
this division.
(5) A public agency shall not request or require an applicant to provide any new
information unless that information was included on the exhaustive written corrections list for
the immediately prior version of the application.
(d)( 1) A determination of completeness finding that an initial application, supplemented
application, or revised application is incomplete shall be appealable by the applicant to the public
Page 13 of 41

Agenda Page 48

agency's planning commission, planning director, or other official with final authority over
application completeness. If the public agency does not have a planning commission, planning
director, or other official with final authority over application completeness, then the appeal shall
be heard by the highest-ranking elected or appointed decision-making body or official of the
agency. There shall be a final written determination on the appeal not later than 60 days after
receipt of the applicant's written appeal.
(2) If the final written determination on the appeal is not made within the 60-day period
described in paragraph ( 1), the application shall be deemed complete for the purposes of this
chapter and this division.
(e) The applicant may bring a civil action challenging an adverse determination under
subdivision (d). Any such action shall be commenced within 90 days of an adverse final written
determination issued pursuant to subdivision (d).

ARTICLE 4. Review of Completed Applications for Essential Projects.

21018. Local Agency Timeline for Completing Environmental Review of Essential Projects.

(a) A local agency that is acting as a lead agency ("local lead agency") for an application
or approval of an essential project shall decide whether the project is subject to subdivision (b),
subdivision (c), or subdivision (d) within 30 days of the earlier of the essential project
application being determined or deemed to be complete pursuant to Section 21017, or deemed
complete pursuant to any other law.
(b) Essential projects that require an environmental impact report. For essential projects
that require an environmental impact report, the local lead agency shall make a final
determination whether to certify an environmental impact report no later than 365 days after the
earlier of the essential project application being determined or deemed to be complete pursuant
to Section 21017, or deemed complete pursuant to any other law.
(c) Essential projects that require a negative declaration or mitigated negative declaration.
For essential projects that require a negative declaration or mitigated negative declaration, the
local lead agency shall make a final determination whether to adopt a negative declaration or
mitigated negative declaration no later than 180 days after the earlier of the essential project
Page 14 of 41

Agenda Page 49

application being determined or deemed to be complete pursuant to Section 2101 7, or deemed
complete pursuant to any other law.
(d) For all other environmental review documentation prepared under this division or this
chapter for an application or approval of an essential project, the local lead agency shall, within
90 days after the earlier of the essential project application being determined or deemed to be
complete pursuant to Section 21017 or deemed complete pursuant to any other law, make a final
determination that the essential project is exempt from this division or that the essential project's
impacts were previously evaluated under a prior environmental review document pursuant to,
without limitation, Section 21083.3 or Section 21094.5, or an addendum pursuant to Section
15162 or Section 15164 of the State CEQA Guidelines.
(e) The deadlines set forth in subdivision (b), subdivision (c), and subdivision (d) shall be
extended upon written request from the applicant.

21019. Timeline for Completing Environmental Review of Essential Projects by Public
Agencies that are Not Local Agencies.
(a) A public agency other than a local agency that is acting as a lead agency ("non-local
lead agency") for an essential project shall decide whether the project is subject to subdivision
(b), subdivision (c), or subdivision (d) within 30 days of the earlier of the essential project
application being determined or deemed to be complete pursuant to Section 2101 7, or deemed
complete pursuant to any other law.
(b) Essential projects that require an environmental impact report. For essential projects
that require an environmental impact report, the non-local lead agency shall make a final
determination whether to certify an environmental impact report no later than 365 days after the
earlier of the essential project application being determined or deemed to be complete pursuant
to Section 21017, or deemed complete pursuant to any other law.
(c) Essential projects that require a negative declaration or mitigated negative declaration.
For essential projects that require a negative declaration or mitigated negative declaration, the
non-local lead agency shall make a final determination whether to adopt a negative declaration or
mitigated negative declaration no later than 180 days after the earlier of the essential project

Page 15 of 41

Agenda Page 50

application being determined or deemed to be complete pursuant to Section 21017, or deemed
complete pursuant to any other law.
(d) For all other environmental review documentation prepared under this division or this
chapter for an application or approval of an essential project, the non-local lead agency shall,
within 90 days after the earlier of the essential project application being determined or deemed to
be complete pursuant to Section 21017 or deemed complete pursuant to any other law, make a
final determination that the essential project is exempt from this division or that the essential
project's impacts were previously evaluated under a prior environmental review document
pursuant to, without limitation, Section 21083.3 or Section 21094.5, or an addendum pursuant to
Section 15162 or Section 15164 of the State CEQA Guidelines.
(e) The deadlines set forth in subdivision (b ), subdivision (c), and subdivision (d) shall be
extended upon written request from the applicant.

21020. Noncompliance with Timelines for Completing Environmental Review of Essential
Projects.

(a) When a local lead agency or a non-local lead agency fails to comply with a deadline
set forth in subdivision (b) through subdivision (d) of Section 21018, or subdivision (b) through
subdivision (d) of Section 21019, the applicant may make a written request for the agency to
hold a meeting or hearing on the essential project as provided in this section.
(b) Within 60 days of receipt of a written request pursuant to subdivision (a), the local
lead agency or non-local lead agency shall do all of the following:
(1) Complete all environmental review documentation for the essential project; or
assemble available environmental review documentation including any applicant-prepared
environmental review document as is allowed under subdivision (b) of Section 21082.1 or any
other law.
(2) Hold a meeting or hearing on the essential project application as follows:
(A) If the agency has a multi-member decision-making body subject to the Bagley-Keene
Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code), the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), or
Page 16 of41

Agenda Page 51

similar open meeting law, the agency shall place the essential project on its agenda for a regular
or special meeting of the agency's highest-ranking decision-making body.
(B) If the agency does not have a multi-member decision-making body subject to the
Bagley-Keene Open Meeting Act, the Ralph M. Brown Act, or a similar open meeting law, then
the highest-ranking official of the agency, or their designee, shall hold a hearing with the
applicant on the essential project.
(3) Notwithstanding any other provision of this division or any other law or legal
requirement to the contrary, at the meeting or hearing described in paragraph (2), the agency
shall do both of the following:
(A) Make a final written determination on the available environmental review
documentation that has been completed as of the date of the meeting or hearing.
(B) Make a final written determination to approve or disapprove the essential project.
(c)(l) If the local lead agency or non-local lead agency has a planning commission or
planning director, upon receipt of a written request pursuant to subdivision (a), the planning
commission or planning director shall hold a regular or special meeting for the purpose of
providing a recommendation on the essential project.
(2) The meeting of the planning commission or planning director described in this
subdivision shall occur within 30 days of receipt of a written request pursuant to subdivision (a).
(3) Any environmental review documentation needed for the meeting described in this
subdivision shall be completed in advance of the date of the meeting as required by law.
(d) The deadlines set forth in subdivision (b) and subdivision (c) shall only be extended
upon a written request made by the applicant.
(e) Except as provided in subdivision {t), a local lead agency and a non-local lead agency
have a nondiscretionary ministerial duty to comply with the deadlines set forth in this section or
in any written request made pursuant to subdivision (d) and complete the actions described in
paragraph (3) of subdivision (b).
(t) If, prior to the expiration of the 60-day period provided in subdivision (b), the agency
completes all environmental documentation for the essential project and issues a final written
determination to approve the essential project, the agency and the applicant may mutually agree

Page 17 of41

Agenda Page 52

in writing to cancel the meeting or hearing on the essential project required by paragraph (2) of
subdivision (b ).
(g)(1) An action under this division may be brought by the applicant challenging the
following:
(A) The agency's failure to comply with its nondiscretionary ministerial duties described
in subdivision (e).
(B) The agency's denial or imposition of unlawful conditions of approval on an essential
project.
(2) The action shall be commenced within 90 days of the agency's failure, denial, or
imposition described in paragraph ( 1).
(h) Notwithstanding any other provision of this section, Section 21018, or Section 21019,
where the lead agency for an essential project is also the applicant for that essential project, the
lead agency may extend any deadline contained in this section, Section 21018, or Section 21019
through a written notice that specifies the duration of the extension and the reason for it. The
notice shall be posted on the lead agency's website and included in the administrative record.

21021. Timeline for Public Comments on Essential Projects.
(a) A public agency shall circulate an environmental review document for an essential
project for public comment periods as follows:
(1) 20 days for a negative declaration or mitigated negative declaration or other document
requiring public circulation under state law.
(2) 45 days for a draft environmental impact report or subsequent or supplemental
environmental impact report.
(b) A public comment period described in subdivision (a) shall not be tolled or extended
except by a court of competent jurisdiction.
(c) If a public agency continues any public hearing on an essential project, or the CEQA
review of that essential project, the public agency shall continue the hearing to a date certain and,
upon approval of the continuance, close the public comment period. The public agency shall not
reopen the public comment period at any subsequent hearing on the essential project.

Page 18 of41

Agenda Page 53

(d)(l) Notwithstanding any other provision oflaw to the contrary, only the following
comments shall be included in the administrative record for an essential project:
(A) Electronic and written comments received during the public comment periods set
forth in subdivision (a).
(B) For CEQA determinations with no comment period set forth in subdivision (a),
electronic and written comments received at least 48 hours prior to a public hearing or noticed
decision on the environmental review documentation for the essential project.
(C)(i) For hearings or appeals of a CEQA determination, electronic and written comments
received at least 48 hours prior to a public hearing on issues that could not have been raised
during the public comment period set forth in subdivision (a) because of significant changes to
the essential project that precluded the issue from being raised during the public comment
period, or new information that was not known and could not have been known during the public
comment period.
(ii) "Significant changes to the essential project" shall not include any changes to an
essential project made in response to public comment, through the CEQA alternatives review
process, or through lead agency concerns identified during the CEQA process.
(D) Oral testimony at a noticed and recorded public hearing.
(2) All other public comments shall be disregarded and excluded from the administrative
record.
(e) Notwithstanding any other provision of law to the contrary, a response by the lead
agency or applicant to a comment described in paragraph ( 1) of subdivision (d), or comments
from the applicant in response to a question from a public agency or to demonstrate the essential
project's compliance with this division, shall, without qualification, be included in the
administrative record for an essential project.

21022. Determination of Impacts.
Notwithstanding any other provision of law to the contrary:
(a)(l) A public agency considering whether to approve an essential project shall identify,
evaluate, determine significance, and mitigate the impacts of an essential project based on
compliance with existing laws.
Page 19 of41

Agenda Page 54

(2) To the extent a public agency has published, adopted, or routinely used thresholds of
significance for environmental effects of essential projects on the earlier of the date a
preapplication or an application for an essential project is filed, an applicant may elect to vest
into any such thresholds of significance, in which case the public agency shall use them in
determining the significance of the essential project's environmental effects.
(b) An essential project's compliance with this division and the State CEQA Guidelines
shall be based solely upon the project's compliance with subdivision (b) of Section 21029.
(c) An applicant may waive the application of one or both of subdivision (a) or
subdivision (b) to an essential project by submitting a written request for a waiver to the public
agency.

21023. Other Public Agency Actions for Essential Projects.
(a) If an essential project requires any other public agency action that is not expressly
addressed by other provisions of this chapter, the public agency shall make a final written
decision thereon based on compliance with existing laws. The final written decision on the other
public agency action shall be completed as follows:
(1) Where a public agency is a lead agency for an essential project, the public agency
shall make the final decision concurrently with its certification of the environmental impact
report, adoption of a negative declaration or mitigated negative declaration, or determination of
previous evaluation or exemption from this division, as applicable.
(2) A state lead agency may delay the final decision required by paragraph (1) by up to 90
days if all of the following apply:
(A) Prior to December 31, 2025, the state agency had an established process set forth in
state statute or regulation for conducting evidentiary hearings on the type of public agency action
being sought for the essential project.
(B) Prior to the deadline set forth in paragraph (1), the state agency provides written
notice to the applicant that it will go forward with an evidentiary hearing.
(3) Where an applicant seeks an approval for an essential project from a public agency
that was not a lead agency for that essential project during the first instance when the essential
project underwent environmental review pursuant to this division, such public agency shall make
Page 20 of 41

Agenda Page 55

a final written decision before the later of: (A) 90 days from the earlier of the date the application
for the public agency action was determined or deemed to be complete pursuant to Section
21017, or deemed complete pursuant to any other law; or (B) 1 day has passed from the date the
lead agency approved the project.
(b) When a public agency fails to comply with a deadline set forth in subdivision (a), the
applicant may make a written request for the public agency to hold a meeting or hearing on the
other public agency action sought from the public agency.
(c) Within 45 days of receipt of a written request pursuant to subdivision (b ), the public
agency shall do all of the following:
(1) Hold a meeting or hearing on the essential project application as follows:
(A) If the public agency has a multi-member decision-making body subject to the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of
Part 1 of Division 3 of Title 2 of the Government Code), the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), or
similar open meeting law, the public agency shall place the other agency action sought from the
public agency on its agenda for a regular or special meeting of the agency's highest-ranking
decision-making body.
(B) If the public agency does not have a multi-member decision-making body subject to
the Bagley-Keene Open Meeting Act, the Ralph M. Brown Act, or similar open meeting law,
then the highest-ranking official of the public agency, or his or her designee, shall hold a hearing
with the applicant on the other public agency action sought by the applicant.
(2) Notwithstanding any other provision of this division or any other law or legal
requirement to the contrary, at the meeting or hearing described in paragraph (1), the public
agency shall make a final written decision to whether grant or deny the other public agency
action sought by the applicant.
(d) The deadlines set forth in subdivision (a) and subdivision (c) shall only be extended
upon a written request made by the applicant.
(e) Except as provided in subdivision (f), a public agency has a nondiscretionary
ministerial duty to comply with the deadlines set forth in this section or in any written request
pursuant to subdivision (d) and make the decision described in paragraph (2) of subdivision (c).
Page 21 of41

Agenda Page 56

(f) If, prior to the expiration of the 45-day period provided in subdivision (c), the public
agency makes a final written determination to grant the other public agency action sought for the
essential project, the public agency and the applicant may mutually agree in writing to cancel the
meeting or hearing required by paragraph (1) of subdivision (c).
(g)(1) An applicant may bring an action under this division challenging the following:
(A) The agency's failure to comply with its nondiscretionary ministerial duties described
in subdivision (e).
(B) The agency's denial or imposition of unlawful conditions of approval on the other
public agency action sought from the public agency.
(2) The action shall be commenced within 90 days of the agency's failure, denial, or
imposition described in paragraph ( 1).

ARTICLE 5. Preliminary Scoping Process and Streamlined Alternatives Analysis for
Essential Projects.

21024. Preliminary Scoping Process for Essential Projects.

(a) An applicant may, but is not required to, utilize the preliminary scoping process and
streamlined alternatives analysis as provided in this article. However, where an applicant
voluntarily chooses to utilize this preliminary scoping process and streamlined alternatives
analysis, it shall comply with this article.
(b)( 1) Prior to submitting an application for an essential project, an applicant that chooses
to proceed in accordance with this article shall provide written notice to the lead agency of its
intent to complete the scoping process and streamlined alternatives analysis set forth in this
article.
(2) The written notice shall present a preliminary overview and description of the
proposed essential project sufficient to inform the lead agency and the public of the anticipated
features of the project. The written notice is not required to include detailed engineering plans,
technical studies, or design-level drawings. The description shall include, to the extent known,
the following:
(A) The project's location, size, and boundaries.
Page 22 of 41

Agenda Page 57

(B) The principal components and fundamental purpose of the project.
(C) The general type of land use, facility, or infrastructure proposed.
(D) Any known or reasonably foreseeable resource areas that may be impacted.
(E) Any anticipated permits or approvals required from public agencies.
(3) The written notice shall also prominently identify an email address for the applicant
where the lead agency and the public may submit comments on the proposed essential project.
(c)( 1) After receipt by the lead agency of the written notice described in subdivision (b),
the applicant and the lead agency shall engage in at least two meetings for the purpose of
discussing the proposed essential project, potential alternatives, and identifying potentially
impacted resource areas.
(2) The lead agency shall maintain a record of all meeting summaries.
(d)(l) The lead agency shall post the written notice received pursuant to subdivision (b)
on its website. The posting shall prominently identify the email address described in paragraph
(3) of subdivision (b) in order to facilitate the public's ability to submit comments to the
applicant via email.
(2) The applicant shall maintain a record summarizing public input received via email
during the preliminary scoping phase.
(3) The applicant shall not be required to respond to any input obtained pursuant to this
section.
(e) An applicant may, but shall not be required to, convene one or more public meetings
or workshops, including via virtual or online formats, for the purpose of obtaining additional
public input on the proposed essential project.
(f) The preliminary scoping process described in this section shall be completed within
not more than 60 days from the date that the lead agency received written notice pursuant to
subdivision (b).
(g) Where an applicant does not elect to utilize the scoping process provided in this
section, other scoping requirements set forth in this division shall continue to apply.
(h) Notwithstanding any provision of this section, with respect to an essential housing
project, the preliminary scoping process provided herein shall not be a prerequisite to filing a

Page 23 of 41

Agenda Page 58

preliminary application under the Housing Crisis Act of 2019 as enacted by Chapter 654 of the
Statutes of 2019 (Senate Bill 330).

21025. Streamlined Alternatives Analysis for Essential Projects.
(a) Upon completion of the preliminary scoping process set forth in Section 21024, the
applicant shall develop one proposed alternative to the essential project. The proposed
alternative shall take into consideration input obtained pursuant to Section 21024, and shall
comply with all of the following:
( l) The proposed alternative shall be compatible with the proposed essential project's
fundamental purpose as described pursuant to Section 21024.
(2) To the extent practicable, the proposed alternative should be designed to be
compatible with applicable local zoning and land use policies.
(3) The proposed alternative does not need to be located at a different site from the
proposed essential project.
(b) Notwithstanding Section 21100 or any other provision of this division, and except as
provided in subdivision (f), an environmental impact report prepared for an essential project that
complies with this article shall only analyze the following:
(1) The proposed essential project.
(2)(A) The applicant's proposed alternative developed pursuant to this article.
(B) For purposes of satisfying this article, the applicant's proposed alternative may
include an alternative or additional component of the proposed essential project, where such
additional or alternative component may include onsite or offsite physical improvements, or
alternative or additional operational parameters or programs, designed to lessen impacts.
(C) A proposed alternative developed pursuant to this article shall be presumed to lessen
impacts that the alternative is intended to address to a level of insignificance as long as the
applicant demonstrates that substantial evidence exists to support the presumption. However, the
presumption shall have no bearing or effect on whether the alternative is ultimately feasible or
environmentally preferred.
(3) The "no project" alternative. The "no project" alternative shall consider the
reasonably foreseeable environmental conditions that would result if the essential project is not
Page 24 of41

Agenda Page 59

approved, including reasonably foreseeable future alternative uses of the site proposed for the
essential project, any environmental impacts from such alternative uses, and benefits resulting
from the essential project.
(c) The alternatives described in subdivision (b) for an essential project are sufficient for
all purposes under this chapter, this division, and any other law. Except as provided in
subdivision (f), all additional alternatives beyond those described in subdivision (b) are
unnecessary, and no public agency or other body or entity shall require analysis of unnecessary
alternatives.
(d) Within 15 days after the close of the preliminary scoping process in Section 21024,
the applicant shall transmit to the lead agency a written submittal that includes:
(1) A description of the proposed essential project.
(2) A description of the single proposed alternative developed pursuant to this article.
(3) A description of the no project alternative described in paragraph (3) of subdivision
(b).
(e) The lead agency shall, within 15 days after receiving the proposed alternative, issue a
written certification stating whether the applicant has met the requirements of this article.
Alternatively, the lead agency may certify that the applicant has met the requirements of this
article by taking no affirmative action within 15 days after receiving the proposed alternative.
The lead agency's certification shall be final unless an interested party files an administrative
appeal within 5 days of the certification's issuance.
(t) Nothing in this article prohibits an applicant from proposing additional project
alternatives, at the applicant's discretion.
(g) Subject to the requirements of this chapter and any limitations imposed by other
provisions of law, the lead agency retains discretion to approve the proposed essential project,
approve the proposed alternative developed pursuant to this article, or select the "no project"
alternative.
(h) For purposes of this section, "proposed alternative" means a single potentially
feasible alternative to the essential project that is developed by the applicant.

ARTICLE 6. Judicial Review of Essential Project Approvals or Authorizations.
Page 25 of 41

Agenda Page 60

21026. Judicial Review of Essential Project Approvals or Authorizations.
(a)(l) Any action or proceeding to attack, review, set aside, void, or annul any approval
or authorization by a public agency with respect to an essential project, on the grounds of
noncompliance with this chapter, this division, or the State CEQA Guidelines, shall be conducted
and completed in accordance with the requirements of this article.
(2) This article shall apply to any and all actions or proceedings pending on, or
commenced after, the effective date of this chapter.
(b)( 1) In any action or proceeding brought to attack, review, set aside, void, or annul an
approval or authorization of an essential project on the grounds of noncompliance with this
chapter, this division, or the State CEQA Guidelines as provided in subdivision (b) of Section
21029, a petitioner's claims shall be limited to a public agency's non-compliance with objective
existing laws, and the scope of the court's review shall be limited to whether the approval or
authorization complies objective existing laws.
(2) For the purpose of this subdivision, "objective" means involving no personal or
subjective judgment and being uniformly verifiable by reference to an external and uniform
benchmark or criterion available and knowable by both the applicant and the public agency
before the application was submitted.
(c)( 1) In any action or proceeding to attack, review, set aside, void, or annul an approval
or authorization of an essential project on the grounds of noncompliance with this chapter, this
division, or the State CEQA Guidelines as provided in subdivision (b) of Section 21029, the
court shall only determine whether the approval or authorization is supported by substantial
evidence in light of the whole record.
(2) In any action or proceeding, to attack, review, set aside, void, or annul a public
agency's approval or authorization of an essential project on the grounds that it has been made
without completing the public participation procedures, the court shall only determine whether
the failure to comply with the public participation procedures was arbitrary and capricious and
resulted in prejudicial error.

Page 26 of41

Agenda Page 61

(3) Nothing in this division or the State CEQA Guidelines shall be applied or construed
as imposing procedural or substantive requirements beyond those explicitly set forth in this
division or the State CEQA Guidelines as modified or limited by the provisions of this chapter.
(d) Nothing in this article shall be construed to supersede Section 1756 and Section 1759
of the Public Utilities Code, or any other provision of law governing judicial review of orders or
decisions of the Public Utilities Commission.

21027. Timelines and Processes Applicable to Judicial Review of Essential Project
Approvals or Authorizations.
(a) Timelines.
(l)(A) An action or proceeding, to attack, review, set aside, void, or annul a public
agency's approval or authorization of an essential project shall be commenced within 30 days
from the date the public agency files a notice of determination or notice of exemption pursuant to
Section 21152 or Section 21108. The action or proceeding shall be completed within 270 days,
inclusive of original and appellate court proceedings, pursuant to the judicial streamlining
procedures applicable to environmental leadership development projects under Section 21185.
(B) The court may, in its own discretion, extend the 270-day deadline contained in
subparagraph (A) by up to an additional 90 days
(2) Notwithstanding any contrary provision in Section 21185 or any rule adopted by the
Judicial Council, and except as provided in subparagraph (B) of paragraph (1), the 270-day
deadline in paragraph ( 1) shall only be extended upon mutual written consent of the
plaintiff/petitioner, the public agency, and the applicant.
(b) Administrative Record.
The whole administrative record consists only of notices, studies, and other documents
consistent with the following:
(1) Documents required under this division to be sent or distributed to members of the
public by the lead agency, made available to the public at a public repository such as a library, or
included on the website of the lead agency; and
(2) With respect to public comments, comments described in subdivision (d) of Section
21021, and responses and comments described in subdivision (e) of Section 21021.
Page 27 of41

Agenda Page 62

(c) Remedies.
(1) If the court finds, as a result of a trial, hearing, or remand from an appellate court, that
a public agency's approval or authorization of an essential project is not supported by substantial
evidence in the record, the court shall issue an order and peremptory writ of mandate explaining
the deficiency with specificity as to which requirement of this division or the State CEQA
Guidelines with which the approval or authorization does not comply; and identify what part,
phase, or activity of an essential project was affected by the noncompliance.
(2) The remedy shall be limited only to prohibiting commencement of the noncomplying
part, phase, or activity until such time that the noncompliance is corrected.
(3) When such required corrective actions have been completed, the public agency shall
file a return to the writ affirming compliance, and the court shall thereafter dismiss the action or
proceeding. A court may not order or direct via writ or any other form of order, injunction, or
decision that a public agency rescind its approval or authorization of the essential project.
(4) Any essential project part, phase, or activity not within the scope of the deficiency
identified in the writ shall not be subject to the writ, and is not subject to further challenge in an
action or proceeding under this division.
(d) Subsequent Approvals or Authorizations.
(1) No further action or proceeding to challenge the implementation through completion
of construction or subsequent approval or authorization of an essential project, or portion of an
essential project, may be filed if the public agency's approval or authorization was not subject to
a judicial challenge, the public agency approval or authorization was challenged and upheld, or
the public agency has filed a return to the writ which has been accepted as satisfactory by the
court pursuant to subdivision (c).
(2) Minor modifications to an essential project which do not result in any new significant
impacts, or which do not substantially worsen any previously identified significant impacts, of
the initially approved essential project, may not be challenged in an action or proceeding under
this division.
(e) Injunctive Relief.
(1) Upon a showing by clear and convincing evidence that an essential project would
have a specific, adverse impact upon public safety, and there is no feasible method to
Page 28 of 41

Agenda Page 63

satisfactorily mitigate or avoid the specific, adverse impact upon public safety, a court may order
that construction or completion of the particular essential project component that would result in
the specific, adverse impact upon public safety be halted or prohibited solely by issuing a
temporary injunction.
(2) For purposes of paragraph (1), satisfactory mitigation to avoid the specific, adverse
impact upon public safety shall be deemed to exist upon either of the following:
(A) A public agency's subsequent decision to modify the essential project to avoid or
mitigate to a less than significant that specific, adverse public safety impact (and which shall not
require the agency to take any further action under this division).
(B) A public agency's determination that the specific, adverse impact upon public safety
cannot be avoided or mitigated to a less than significant level following preparation of an
environmental impact report or supplemental environmental impact report addressing only that
specific, adverse public safety impact under the timelines and procedures set forth in this chapter.

ARTICLE 7. Definitions.
21028. Definitions.
For purposes of this chapter, as used in both the singular and plural form, the following
definitions shall apply:
(a) "Applicant" means any person, legal entity, public agency, or public utility that
proposes an essential project.
(b) "Approval or authorization" means any approval, authorization, determination,
finding, financing, real property transaction or contract, or other public agency actions that
further the advancement, construction, completion, or realization of an essential project.
(c) "California educational institution" means all of the following: a school district; a
county superintendent of schools; a county board of education; a community college district; a
state special school; the Board of Governors of the California Community Colleges or the
Chancellor of the California Community Colleges; the California State University or the Board
of Trustees of the California State University; the University of California or the Regents of the
University of California; the University of California Law San Francisco (formerly Hastings
College of the Law); a charter school established pursuant to Part 26.8 (commencing with
Page 29 of41

Agenda Page 64

Section 47600) of Division 4 of Title 2 of the Education Code; and a nonprofit college or
university with membership in the Association of Independent California Colleges and
Universities.
(d) "CEQA" means the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code).
(e)(l) "Consulting Tribe" means a tribe that appears on the most recent list published by
the United States pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C §
5131 ), and is traditionally and culturally affiliated with the geographic area of the proposed
esse~tial project.
(2) Notwithstanding Section 21073 or any other provision of law, "California Native
American tribe" as used in, or with respect to, Sections 21074, 21080.3.1, 21080.3.2, 21082.3,
21084.2, 21084.3, and this chapter, shall instead mean, and be read as, "Consulting Tribe" when
the project is an essential project.
(t) "Day" means the following:
(1) As used in Section 21018 and Section 21019, "day" means any day other than a
Saturday, Sunday, or any day designated as a state holiday.
(2) As used in any section of this chapter except for Section 21018 and Section 21019,
"day" means a calendar day.
(g) "Educational facility" means any real property, facility, structure, building, or fixture
that is owned or operated, or will be owned or operated upon completion, by one or more
California educational institutions for educational purposes.
(h) "Environmental review document" or "environmental review documentation" means
initial studies; negative declarations; mitigated negative declarations; draft and final
environmental impact reports; documents prepared as substitutes for environmental impact
reports; negative declaration and mitigated negative declarations under a program certified
pursuant to Section 21080.5; documents or documentation used to substantiate the applicability
of statutory or categorial exemptions from this division or streamlining provisions that include,
without limitation, those under Sections 21083.3 and 21094.4; addenda and other supplemental
or subsequent review documents; documents prepared under the National Environmental Policy
Act and used by a public agency in the place of any of the foregoing documents or
Page 30 of 41

Agenda Page 65

documentation; and environmental documents as defined in Section 15361 of Title 14 of the
California Code of Regulations.
(i)( 1) "Essential broadband Internet access project" means a project to provide mass­
market retail service by wire service, wireless service, or radio to customers in this state that
provides the capability to transmit data to, and receive data from, all or substantially all Internet
endpoints, including, but not limited to, any capabilities that are incidental to and enable the
operation of the communications service, but excluding dial-up Internet access service.
(2) An "essential broadband Internet access project" shall comply with all labor
requirements described in Section 21183.5.
(j)(l) "Essential clean energy project" means a project that supports California's climate,
energy efficiency, reliability, electrification, sustainability, or clean energy objectives through
one or more of the following:
(A)(i) Producing, generating, or storing electricity derived from renewable or sustainable
resources, including, but not limited to, solar, wind, geothermal, fuel cells that comply with the
emissions standards adopted by the State Air Resources Board pursuant to the distributed
generation certification program requirements of Section 94203 of Title 17 of the California
Code of Regulations, small hydroelectric generation of 30 megawatts or less, digester gas,
municipal solid waste conversion, landfill gas, ocean wave, ocean thermal, or tidal current, and
associated transmission lines.
(ii) "Associated transmission lines" means a transmission line that is required for the
interconnection or delivery of electricity from a facility described in clause (i).
(iii) Notwithstanding clause (i), this subparagraph excludes producing or generating
electricity from nuclear power.
(B) Producing, generating, storing, transmitting, or distributing clean hydrogen, which is
not derived from a fossil fuel feedstock.
(C) Developing, constructing, or installing microgrids and associated infrastructure. For
purposes of this subparagraph, "microgrid" means a microgrid as defined in subdivision (d) of
Section 8370 of the Public Utilities Code.

Page 31 of41

Agenda Page 66

(D) Capturing, transporting, and/or storing carbon dioxide emissions for permanent
isolation from sources including, but not limited to, energy production, manufacturing, or
refining facilities.
(E) Developing, constructing, upgrading, or expanding transmission or distribution
system components identified in a transmission planning process approved by the Independent
System Operator or in an Integrated Energy Policy Report adopted pursuant to Section 25302,
including financing of such facilities, assets, or components through sale, lease, assignment,
mortgage, or other disposition or encumbrance requiring state agency approval.
(2) An "essential clean energy project" shall comply with all labor requirements
described in Section 21183.5.
(k)( 1) "Essential education facility project" means the acquisition, construction,
expansion, remodeling, renovation, improvement, furnishing, or equipping of an educational
facility.
(2) An essential education facility project shall comply with all labor requirements
described in Section 21183 .5.
(I) "Essential housing project" means all of the following:

(1) Residential units only.
(2) A mixed-use development.
(3) Transitional housing, emergency shelters, or supportive housing, as defined in
subdivisions (g), (n), and (q) of Section 65582 of the Government Code.
(4) Farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health
and Safety Code.
(5) Group living accommodations, meaning building(s) or portion of any building(s)
designed for or accommodating a residential use by persons not living together as a household,
typically without separate kitchens or bathroom facilities for each room or unit. This use
includes, without limitation, convents, monasteries, and other types of organizational housing.
(6) Student housing units, meaning any residential units or group living accommodation
intended for use by students, including, without limitation, dormitory-style student housing and
suite-style student housing.

Page 32 of41

Agenda Page 67

(7)(A) Senior housing units, meaning any residential units or group living
accommodation of any size intended for occupation by persons 55 years of age or over,
including, without limitation, the following: (i) an intergenerational housing development; (ii)
senior congregate housing; (iii) a senior citizen housing development as defined in paragraph (4)
of subdivision (b) of Section 51.3 of the Civil Code; (iv) a residential care facility for the elderly
as defined in paragraph ( l) of subdivision (o) of Section 1569 .2 of the Health and Safety Code;
and (v) a continuing care retirement community as defined in paragraph (10) of subdivision (a)
of Section 1771 of the Health and Safety Code.
(B) This paragraph shall not be construed to limit the authority of a public agency to
categorize senior housing land uses as non-residential under its zoning ordinances or other laws,
except that senior housing units shall qualify as a "housing development project" under
paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code.
(8) A subdivision or common interest development, as defined in Section 4100 of the
Civil Code, consisting of residential units or unimproved residential lots.
(9) A conversion of an existing commercial building to residential use.
(m) "Essential project" means a project that meets all of the following requirements:
(l)(A) The project is an essential housing project, essential water project, essential clean
energy project, essential public health project, essential public safety project, essential broadband
Internet access project, essential education facility project, or essential transportation project.
(B) An essential project includes all related and ancillary public, private, and utility
infrastructure and public service facilities required by a utility or public agency, or included in an
essential project application as part of the "whole of the project," to serve a project identified in
subparagraph (A), such as electric, telecommunication, gas, water, wastewater, stormwater,
transit, police, fire, and transportation improvements that provide required public and utility
services and infrastructure to the project. Where a particular labor standard is applied to an
essential project by other provisions of this chapter, that labor standard shall apply to the
components of the essential project described in this subparagraph.
(2) The project does not include a jail or other detention facility, or involve the
development of a new oil or natural gas production facility.
(n)(l) "Essential public health project" means a medical treatment facility.
Page 33 of41

Agenda Page 68

(2) An "essential public health project" shall comply with all labor requirements
described in Section 21183 .5.
(o)( 1) "Essential public safety project" means a first responder facility or a wildfire risk
reduction project.
(2)(A) An "essential public safety project" shall comply with all labor requirements
described in Section 21183 .5.
(B) A wildfire risk reduction project limited to vegetation management, fuel reduction,
creating or maintaining fuel breaks, or reducing fuel loading that is undertaken directly by a
public agency using its own employees shall be deemed to comply with this paragraph if the
public agency's employees working on the project are covered by a collective bargaining
agreement or other state civil service laws that provide equivalent wage, training, and safety
standards.
(p)(l) "Essential transportation project" means the following:
(A) A project described in subdivision (a) or subdivision (b) of Section 2 ofArticle XIX
of the California Constitution.
(B) Electric vehicle charging and refueling infrastructure.
(2) An "essential transportation project" shall comply with all labor requirements
described in Section 21183 .5.
(3) An "essential transportation project" does not include a high-speed train, a high-speed
train system, a corridor, or a usable segment, as those terms are defined in Section 2704.01 of the
Streets and Highways Code, or any other component of the Safe, Reliable High-Speed Passenger
Train Bond Act for the 21st Century (Chapter 20 (commencing with Section 2704) of Division 3
of the Streets and Highways Code).
(q)( 1) "Essential water project" means any project or action to construct, expand, repair,
replace, improve, or augment any of the following: (A) a "public water system" as defined by
subdivision (h) of Section 116275 of the Health and Safety Code; (B) a system that directly or
indirectly provides water to a public water system; or (C) a system which is generally described
and within the scope of the State's Water Resilience Portfolio.
(2) An "essential water project" shall comply with all labor requirements described in
Section 21183.5.
Page 34 of41

Agenda Page 69

(3) "An essential water project" does not include Delta conveyance facilities as defined in
subdivision (f) of Section 79702 of the Water Code.
(r) "Existing laws" means the following:
(1) Formally adopted legal requirements contained in statutes, regulations, rules,
standards, or ordinances that existed and were in effect on the date an application for an essential
project was submitted to a public agency.
(2)(A) A formally adopted legal requirement contained in a statute, regulation, ordinance,
standard, or rule that was not in effect on the date an application for an essential project was
submitted to a public agency, but the lead agency makes a finding that that compliance with the
particular statute, regulation, ordinance, standard, or rule is necessary to mitigate or avoid a
specific, adverse life-safety impact, meaning a significant, quantifiable, direct, and unavoidable
life-safety impact, including life-safety impacts associated with new or emerging technologies,
materials, or grid-integration systems, and that is based on objective, identified and written
public safety standards, policies, or conditions. The lead agency shall notify the applicant within
72 hours of making a finding described in this subparagraph
(B) The finding described in subparagraph (A) must be made before the earlier of either
(i) environmental review of the essential project pursuant to this chapter has been completed; or
(ii) the initial building permit application or plan-review package has been submitted to the
authority having jurisdiction thereover.
(3) Any update to the California Building Standards Code, including, without limitation,
the California Fire Code that takes effect before the earlier of either (A) environmental review of
the essential project pursuant to this chapter has been completed; or (B) the initial building
permit application or plan-review package has been submitted to the authority having jurisdiction
thereover.
(s) "Feasible" means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, environmental, legal, social, and
technological factors.
(t)(l) "First responder facility" means all of the following:
(A) A fire station owned or operated by the State of California, a city, a county, a city and
county, a joint powers authority, a Consulting Tribe, or a special district.
Page 35 of41

Agenda Page 70

(B) A police station or sheriff's station owned or operated by a city, a county, a city and
county, a joint powers authority, or a special district but excluding any portion thereof used as a
jail or other detention facility.
(2) "First responder facility" does not include the following:
(A) Any facility owned, operated, or leased by the United States government.
(B) Any facility used as an immigration detention facility or a state prison.
(u) "Lead agency" means a lead agency as defined in Section 21067.
(v) "Local agency" means a public entity that is not a "state agency" as defined in this
article.
(w) "Medical office building" means a building whose primary function is to provide
office space for health care practitioners licensed, certified, registered, or otherwise authorized to
practice pursuant to Division 2 of the Business and Professions Code.
(x) "Medical treatment facility" means all of the following: (1) a health facility as defined
in Section 1250 of the Health and Safety Code; (2) a clinic as defined in Section 1200 of the
Health and Safety Code; and (3) a medical office building.
(y)(l) "Mixed-use development" means a development consisting of residential and
nonresidential uses that meets any of the following conditions:
(A) At least two-thirds of the new or converted square footage is designated for
residential use.
(B) At least 50 percent of the new or converted square footage is designated for
residential use and the project meets both of the following:
(i) The project includes at least 500 net new residential units.
(ii) No portion of the project is designated for use as a hotel, motel, bed and breakfast inn,
or other transient lodging, except a portion of the project may be designated for use as a
residential hotel, as defined in Section 50519 of the Health and Safety Code.
(C) At least 50 percent of the net new or converted square footage is designated for
residential use, ru:id the project meets all of the following:
(i) The project includes at least 500 net new residential units.
(ii) The project involves the demolition or conversion of at least 100,000 square feet of
nonresidential use to residential use.
Page 36 of 41

Agenda Page 71

(iii) The project demolishes at least 50 percent of the existing nonresidential uses on the
site.
(iv) No portion of the project is designated for use as a hotel, motel, bed and breakfast
inn, or other transient lodging, except a portion of the project may be designated for use as a
residential hotel, as defined in Section 50519 of the Health and Safety Code.
(2) For purposes of this subdivision, nonresidential uses shall not include any heavy
industrial, extractive, port, refinery, or hazardous materials uses or designations.
(3) The minimum distance required between any nonresidential uses included in a mixed­
use development and any existing off-site residential use shall be determined by state law.
(z) "Public agency" means a public agency as defined in Section 15379 of Title 14 of the
California Code of Regulations; a responsible agency; a local agency; a state agency; a lead
agency; a local agency formation commission; a city; a county; a city and county; a special
district; a joint powers authority; or any other governmental authority created under state or local
law whether statewide, local, or regional in character.
(aa) "Public participation procedures" means the public participation procedures set forth
in Sections 21016, 21018, 21020, 20121, 21023, and 20124 of this chapter.
(bb) "Responsible Agency" means a responsible agency as defined in Section 15381 of
Title 14 of the California Code of Regulations.
(cc) "State agency" means a state agency as defined in subdivision (a) of Section 8557 of
the Government Code and any state body as defined in Section 11121 of the Government Code.
(dd) "State CEQA Guidelines" means Chapter 3 (commencing with Section 15000) of
Division 6 of Title 14 of the California Code of Regulations.
(ee) "Substantial evidence" means enough relevant information and reasonable inferences
from the available information that a fair argument can be made to support a conclusion, even
though other conclusions might also be reached.
(fl) "Tribal cultural resource" includes any of the following:
(1) A site, feature, place, cultural landscape, or sacred place, including a sanctified
cemetery, Indian cemetery, or burial area of a Consulting Tribe, or an object with cultural value
to a Consulting Tribe that is any of the following:

Page 37 of41

Agenda Page 72

(A) Included or eligible for inclusion in the California Register of Historical Resources or
the National Register of Historic Places.
(B) Included in a local register of historical resources as defined in Section 5020.1.
(C) Identified by the Native American Heritage Commission as a sacred place pursuant to
Section 5097.94 or 5097.96.
(D) Included in a tribal government register maintained by a Tribal Historic Preservation
Officer approved by the Secretary of the Interior pursuant to Section 101 of the federal National
Historic Preservation Act (54 U.S.C. Sec. 300101 et seq.).
(2) A cultural landscape that meets the criteria of paragraph (1) to the extent that the
landscape is geographically defined in terms of the size and scope of the landscape.
(3) A historical resource described in Section 21084.1, a unique archaeological resource
as defined in subdivision (g) of Section 21083 .2, or a "nonunique archaeological resource" as
defined in subdivision (h) of Section 21083.2 that conforms with the criteria of paragraph (1).
(gg) "Wildfire risk reduction project" means an activity that reduces wildfire risks to a
residential or commercial structure, or both. A "wildfire risk reduction project" includes, but is
not limited to, the following: replacing, hardening, or undergrounding electric utility lines, roads,
and infrastructure; vegetation management; fuel reduction; home hardening; creating or
maintaining fuel breaks and access roads; and reducing fuel loading.

ARTICLE 8. Construction of Chapter and General Provisions.

21029. Construction of Chapter.
(a) It is the policy of the People of the State of California that this chapter should be
interpreted and implemented to afford the fullest possible weight to the interest of, and the
approval and realization of, essential projects.
(b)( 1) It is the intent of the People of the State of California that courts, consistent with
generally accepted rules of statutory interpretation, shall not interpret this chapter, this division,
or the State CEQA Guidelines in a manner which imposes procedural or substantive
requirements upon essential projects beyond those explicitly stated in this chapter, this division,
or the State CEQA Guidelines.
Page 38 of41

Agenda Page 73

(2) It is further the intent of the People of the State of California that this subdivision
shall be interpreted and applied by the courts as directed by Section 21083.1, and is in pari
materia with Section 21083.1 so that, to the maximum extent permitted under the law, this
subdivision constrains the authority of the courts to issue a judgement or impose a remedy that is
not expressly authorized by this chapter.

21030. Statewide Concern.
The People of the State of California hereby declare that streamlining review and
approval of essential projects as provided in this chapter is a matter of statewide concern because
the adequacy, availability, and affordability of housing, clean energy, water, transportation,
broadband Internet, education facilities, public health infrastructure, and public safety
infrastructure is insufficient to serve the needs of California's population and economy.
Therefore, the State of California hereby occupies the field in the area of review and approval of
essential projects as provided in this chapter.

21031. Statutory References.
(a) Except as provided in subdivision (b), all references to state statutes or regulations
codified outside of this chapter refer to those statutes and regulations as they existed on
December 31, 2025 regardless of any subsequent amendment, repeal, sunset, or expiration that
takes place after that date.
(b) The reference to Section 218.9 of the Labor Code refers to that section as it existed on
January 1, 2026.

21032. Severability.
The provisions of this chapter are severable. If any portion, section, subdivision,
paragraph, subparagraph, clause, subclause, sentence, phrase, word, or application of this chapter
is for any reason held to be invalid by a decision of any court of competent jurisdiction, that
decision shall not affect the validity of the remaining portions of this chapter. The People of the
State of California hereby declare that they would have adopted this chapter and each and every
portion, section, subdivision, paragraph, subparagraph, clause, subclause, sentence, phrase, word,
Page 39 of 41

Agenda Page 74

and application not declared invalid or unconstitutional without regard to whether any
component of this chapter or application thereof would be subsequently declared invalid.

21033. Effective Date.
This chapter shall take effect as provided in subdivision (a) of Section 10 ofArticle II of
the California Constitution, and shall be applicable upon such effective date to all pending and
future public agency and judicial review and processes for all essential projects.

21034. Amendments.
The Legislature may amend this chapter by a statute passed in each house of the
Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring,
provided that the statute is consistent with, and furthers the purposes of, this chapter. No bill
seeking to amend this chapter may be passed or become a statute unless the bill has been printed
and distributed to the Members of the Legislature, and published on the Internet, in its final form,
for at least 12 business days prior to its passage in either house of the Legislature.

SECTION 2. Conflicting Measures.
In the event that this initiative measure and another measure or measures pertaining to the
review or approval of essential projects, as defined in this Act, shall appear on the same
statewide election ballot, the other measure or measures shall be deemed to be in conflict with
this measure. In the event that this initiative measure receives a greater number of affirmative
votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other
measure or measures shall be null and void.

SECTION 3. Liberal Construction.
This Act shall be liberally construed to give effect to its intent and purposes.

SECTION 4. Legal Defense.
The purpose of this section is to ensure that the people's precious right of initiative
cannot be improperly annulled by state politicians who refuse to defend the will of the voters.
Page40 of41

Agenda Page 75

Therefore, if this Act is approved by the voters of the State of California and thereafter subjected
to a legal challenge which attempts to limit the scope or application of this Act in any way, or
alleges this Act violates any state or federal law in whole or in part, and both the Governor and
Attorney General refuse to defend this Act to the fullest extent possible on behalf of the State of
California, then the following actions shall be taken:
(a) Notwithstanding anything to the contrary contained in Chapter 6 (commencing with
Section 12500) of Part 2 of Division 3 of Title 2 of the Government Code or any other law, the
Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act
to the fullest extent possible on behalf of the State of California.
(b) Before appointing or thereafter substituting independent counsel, the Attorney
General shall exercise due diligence in determining the qualifications of independent counsel and
shall obtain written affirmation from independent counsel that independent counsel will
faithfully and vigorously defend this Act to the fullest extent possible. The written affirmation
shall be made publicly available immediately upon request.
(c) In order to support the defense of this Act in instances where the Governor and
Attorney General fail to do so despite the will of the voters, a continuous appropriation is hereby
made from the General Fund to the Controller, without regard to fiscal years, in an amount
necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend
this Act on behalf of the State of California to the fullest extent possible.

Page 41 of 41

Agenda Page 76

Agenda Item: 6B
Date: February 24, 2026
TO: THE COMMUNITY AND GOVERNMENT AFFAIRS COMMITTEE
Director Laura Roughton, Committee Member
Director Fauzia Rizvi, Committee Member
FROM: Sarah Macdonald, Assistant General Manager

RECEIVE AND FILE THE JANUARY-FEBRUARY 2026 GOVERNMENT
AFFAIRS AND LEGISLATIVE UPDATE
RECOMMENDATION:
Staff requests the Community and Government Affairs Committee recommend the Board
of Directors:
1. Receive and file the January-February 2026 Government Affairs and Legislative
Update.
EXECUTIVE SUMMARY:
At each meeting of the Community and Government Affairs Committee, Western
Municipal Water District staff provides a verbal report. The report is sometimes
accompanied by materials prepared by The Ferguson Group and KP Public Affairs and
includes a high-level overview of relevant topics from both federal and state government
to be discussed in depth during the meeting.
BUDGET IMPACT:
This action has no budget impact.
DETAIL:
Federal Updates
Legislative Calendar
• Both federal legislative houses in session: February 23 – March 6
Western Water | 14205 Meridian Parkway, Riverside | 951.571.7100 | WesternWaterCA.gov

Agenda Page 77

Western Water | Community and Government Affairs Committee Meeting
Agenda Item: 6B
•
•
•

Senate in session, House in district: March 9 – 13
Both federal legislative houses in session: March 16 – 27
Both federal legislative houses in district (Spring Recess): March 30 – April 10

Fiscal Year 2026 Appropriation Bills
•

On January 23, a fiscal year (FY) 2026 minibus appropriations package was
signed into law, which included funding for the Departments of Energy, Army
Corps, Bureau of Reclamation (USBR) and other Dept. of Interior agencies, the
Environmental Protection Agency (EPA), and Commerce-Justice-Science
agencies
o The USBR budget was set at $1.6 billion, a decrease of over $286 million
from current fiscal 2025 levels, but an increase of about $400 million over
the Trump Administration’s request

•

Remaining appropriations bills are stalled due to Congressional disagreements
over Department of Homeland Security funding

Western Water to Receive FY 2026 Congressionally Directed Spending Request
•

The EPA’s FY 2026 budget included $1,092,000 for Western Water’s Reservoir
Management Systems project from Congressman Mark Takano
o It falls under the “State and Tribal Assistant Grant – Drinking Water State
Revolving Fund”

Sites Reservoir Receives Formal Approval from Federal Administration
•

The Trump Administration has formally approved the proposed Sites Reservoir, a
significant milestone that will allow the federal government to fund up to 25 percent
of the project’s cost

•

Federal approval unlocks $780 million already committed to the project and
strengthens negotiations over future federal participation

Four Per- and Polyfluoroalkyl Substances (PFAS) Remain at Current Limits
•

A Washington D.C. Circuit Appellate motions panel has denied the Trump
Administration’s request to immediately vacate four PFAS limits in the Biden-era
drinking water rule, keeping all six standards in place while litigation proceeds

Western Water | 14205 Meridian Parkway, Riverside | 951.571.7100 | WesternWaterCA.gov

Agenda Page 78

Western Water | Community and Government Affairs Committee Meeting
Agenda Item: 6B
o The court said the legal case for overturning the standards was not strong
enough to justify early action, dealing a setback to the EPA’s effort to quickly
roll back parts of the rule it says were procedurally flawed
•

As a result, states and water utilities must continue preparing to meet existing
monitoring and compliance timelines, even as uncertainty persists over the rule’s
ultimate fate

State Updates
Legislative Calendar
• Bill Introduction: February 20
• Spring Recess: March 27 – April 3
• Policy Committee to Fiscal Committee: April 24
• Policy Committee to Floor (non-fiscal bills): May 1
• Fiscal Committee to Floor: May 15
• House of Origin: May 29
2026 Bills of Interest
• Assembly Bill 35 (Alvarez): Safe Drinking Water, Wildfire Prevention, Drought
Preparedness, and Clean Air Bond Act of 2024: Administrative Procedure Act:
exemption: program guidelines and selection criteria
•

Senate Bill 601 (Allen): Waste Discharge

Budget Requests
• From Turlock Irrigation District: $35 million for “Stable Funding for Hydrology
Observation Systems and Forecasting”
o Includes funding for observation and forecasting systems such as the
Airborne Snow Observatories (ASO), implemented as the Airborne Remote
Sensing of Snow (ARSS) Program, and the critical stream gage network,
as well as improvements to the decision support tools and databases that
rely on products from those observation systems, such as the California
Data Exchange Center (CDEC)
REASON FOR ACTION:
To ensure members of the Board of Directors are informed of the latest updates on state
and federal legislative and regulatory issues.

Western Water | 14205 Meridian Parkway, Riverside | 951.571.7100 | WesternWaterCA.gov

Agenda Page 79

Western Water | Community and Government Affairs Committee Meeting
Agenda Item: 6B
SOLUTION:
Receive and file the January-February 2026 Government Affairs and Legislative Update
STRATEGIC PRIORITIES REFERENCE:
This item aligns with Western Water’s Strategic Priority of Superior Service.
LEGAL COUNSEL REVIEW:
Staff has determined that legal review of this item is not necessary.
PROPOSED DATE OF ACTION:
If approved by the Committee, this item is scheduled for consideration by the full Board
of Directors at their meeting on March 4, 2026, or at a subsequent meeting, if necessary.
Respectfully submitted by:
Sarah Macdonald
Assistant General Manager/Communications and Customer Experience

Attachments:
1. Federal Affairs Report from The Ferguson Group – January-February 2026
2. Priority Bill Report from KP Public Affairs – January-February 2026

Western Water | 14205 Meridian Parkway, Riverside | 951.571.7100 | WesternWaterCA.gov

Agenda Page 80

Attachment 1

Western Municipal Water District
Federal Affairs Report – February 2026
Congress Leaves for Weeklong Recess with Government Funded – DHS Shuttered
Congress left Washington for a weeklong President’s Day recess with no clear path to prevent a Department of
Homeland Security (DHS) shutdown beginning on February 14, as negotiations between Democrats and the White
House remain stalled. The two sides are deeply divided over President Trump’s immigration crackdown, with
Democrats seeking guardrails on U.S. Immigration Customs and Enforcement (ICE) in exchange for funding and the
Administration refusing concessions that would limit its authority. If no agreement is reached by the February 13
deadline, DHS agencies like FEMA, TSA, the Coast Guard, and CISA could face a shutdown or another short-term
funding patch, with particular concern over FEMA’s disaster recovery funding. Meanwhile, ICE will continue to be
funded under the One Big Beautiful Bill Act funding approved by Congress last year.
Earlier, Congress passed a $1.2 trillion spending package to fund nearly all federal agencies through September,
ending the brief second government shutdown in four months. The Senate-passed bill passed the House 217–214 and
is expected to be signed quickly by President Trump.
However, the deal leaves out the Department of Homeland Security (DHS), which is funded by a short CR only
through February 13, setting up a new “funding cliff” and likely another partial shutdown. Democrats are refusing to
support longer-term DHS funding unless Republicans agree to major immigration enforcement reforms, citing recent
fatal shootings and accusing ICE agents of acting recklessly.
Although talks are ongoing, leaders from both parties acknowledge they are “not close” to a deal, and a funding lapse
could last at least 10 days. Even if an agreement is reached, lawmakers on both sides doubt it would pass, given
political pressure around immigration enforcement. With limited immediate public impact from a shutdown (ICE
funded by earlier legislation/FEMA has funds to deal with near-term disasters, if they occur), neither party feels
urgent pressure to compromise, raising the possibility of a prolonged standoff that could even disrupt President
Trump’s upcoming State of the Union address on February 24.
Bipartisan Efforts Continue to Support Permitting Reform
“Permit certainty” has become the central focus of bipartisan permitting reform efforts, as industry, labor, and some
environmental groups push Congress to limit permitting delays and ensure approved infrastructure projects can move
forward without being reversed by future administrations.
Support continues to build around the bipartisan CERTAIN Act, by Reps. Scott Peters (D-CA) and Gabe Evans (RCO), which would require agencies to follow clear permitting timelines, and the House-passed SPEED Act, which
overhauls NEPA reviews and includes provisions to protect issued permits. Additional legislation, including the
proposed draft Fighting for Reliable Energy and Ending Doubt for Open Markets (FREEDOM) Act, sponsored by
Reps. Josh Harder (D-CA), Mike Lawler (R-NY), Adam Gray (D-CA) and Don Bacon (R-NE) among others, would
further shield companies from sudden permitting reversals and hold agencies accountable for permitting delays.
Energy producers, renewable developers, and labor unions argue that certainty and durability in permitting decisions
are essential for investment and job creation. While Senate negotiations remain stalled amid disputes over renewable
energy under the Trump Administration, lawmakers from both parties say there is growing agreement around the
principle that once a permit is issued, it should be reliable and final.
TheFergusonGroup.com • 1901 Pennsylvania Ave. NW • Suite 700 • Washington, DC 20006 • 202.331.8500

Agenda Page 81

House Electronic Permitting Bill Gets Senate Companion
A bipartisan group of senators introduced the ePermit Act, a bill aimed at modernizing the federal government’s
outdated, paper-based energy permitting system. Led by Sens. John Curtis (R-UT) and Cory Booker (D-NJ), the
legislation would create a cloud-based permit portal to improve transparency, coordination, and public engagement
without weakening environmental standards.
The bill is the Senate companion to H.R. 4503, which already passed the House last year with unanimous support, and
sponsors hope it can move quickly as Congress continues broader debates over permitting reform.
Bipartisan Central Valley House Members Ask CA Governor to Ease Bay-Delta Pumping Limits
A bipartisan group of Central Valley House members is urging California Gov. Gavin Newsom (D) to roll back a
decades-old Bay-Delta water quality rule (the Port Chicago standard) that limits how much water can be pumped
south from the Sacramento–San Joaquin River Delta. They argue the rule could reduce deliveries by up to 600,000
acre-feet this winter, hurting farms and communities and creating what they call a “regulatory drought.”
The rule is meant to prevent salty ocean water from moving inland and protect Delta habitat, but lawmakers and major
water agencies say it’s outdated and could even harm salmon later by forcing cold-water releases now when the river
is already meeting temperature standards. The pumping limit is expected to remain in place for about a month, though
upcoming storms this week could increase available water and exports.
Nonpoint Water Pollution Funding Bill Approved by House T&I Committee
The House Transportation and Infrastructure (T&I) Committee advanced bipartisan legislation to reauthorize the
EPA’s Clean Water Act (CWA) Section 319 nonpoint source pollution grant program at $200 million annually
through FY 2031. H.R. 7376, the “Local Water Protection Act,” sponsored by Reps. Hillary Scholten (D-MI) and
Brian Mast (R-FL), would continue funding efforts to reduce nonpoint runoff pollution from farms, roads and
construction sites that can carry chemicals, sediment and fertilizer into waterways.
Supporters called the long-standing program a proven tool for improving water quality and aiding states like Missouri
and Michigan. However, Rep. Scott Perry (R-PA) opposed the measure, arguing it intrudes on private property rights.
The program was previously targeted for cuts in the Trump Administration’s FY 2026 budget proposals but received
$175.25 million in current appropriated funding.
Draft Final Interior NEPA Rule Revisions at OMB for Review
The White House Office of Management and Budget (OMB) has started an interagency review of the Interior
Department’s draft final rule that would roll back much of DOI’s formal NEPA procedures, part of the Trump
Administration’s push to speed up approvals for energy and infrastructure projects. The effort follows a January 2025
Trump executive order directing the Council on Environmental Quality (CEQ) to withdraw its government wide
NEPA implementing rules, shifting agencies toward relying more on guidance instead of binding regulations.
Environmental groups say DOI’s approach is unlawful and are preparing to sue, arguing it weakens public input,
narrows environmental review requirements, and may violate the Endangered Species Act (ESA). Meanwhile, the
National Mining Association supports the rollback but wants DOI to go even further by codifying NEPA changes
from the 2023 Fiscal Responsibility Act and expanding the ability for industry-prepared environmental documents to
be used in reviews.
Utilities, Tech Sector Split On Federal Role In Water Reuse For Data Centers
Water utilities and tech companies are divided over how much EPA and the federal government should shape water
reuse policies for AI data centers, which require large amounts of water for cooling. Tech industry representatives,
including Amazon Web Services, are urging the creation of national standards to avoid a patchwork of differing state
regulations that can delay projects. In contrast, water utility officials argue regulation should remain primarily a state
responsibility, with EPA serving as a convenor to share best practices and promote incentives rather than impose
federal rules.

Page 2
Agenda Page 82

The debate comes as EPA prepares to update its Water Reuse Action Plan to support data centers, amid growing
public concern about the facilities’ heavy water use and affordability impacts. Water reuse, particularly using treated
wastewater, is seen as a “win-win” solution, and congressional lawmakers in the House have introduced bipartisan
legislation (H.R. 2940) to create a 30 percent tax credit for water recycling projects to encourage infrastructure
development.
Senate ENR Approves Legislation Without Democratic-Led Bills in Last Week’s Markup
The Senate Energy and Natural Resources (ENR) Committee advanced a limited set of public lands, wildfire, and
water-related bills, while dropping several higher-profile conservation and water measures, frustrating ENR
Committee Democrats.
On water policy, the committee approved Sen. Alex Padilla’s (D-CA) Lower Colorado River Multi-Species
Conservation Program (MSCP) Amendment Act (S. 291), which would create an interest-bearing account for
nonfederal contributions to the long-running Lower Colorado River MSCP program. However, several major water
bills were pulled from consideration, including a bill from Sens. Martin Heinrich (D-NM) and Ben Ray Lujan (DNM), the Pecos Watershed Protection Act, which would block mining and leasing in the Upper Pecos River
watershed in New Mexico, as well as legislation from Sen. Heinrich (S. 1476) to expand Wild and Scenic River
protections on New Mexico’s Gila River system and a bill (S. 1413) that would provide additional funding for the San
Joaquin River Restoration Settlement Act (from Sens. Padilla and Hoeven (R-ND)).
Also left out was the Bolt’s Ditch Act (S. 365) from Sens. John Hickenlooper (D-CO) and Michael Bennet (D-CO)
that would authorize additional entities to be eligible to complete the maintenance work on Bolts Ditch and the Bolts
Ditch Headgate within the Holy Cross Wilderness in Colorado. Several ENR Democrats criticized the markup, noting
that most conservation- and watershed-focused legislation was largely sidelined in favor of narrower or less
controversial measures.
Federal February Runoff Forecasts Predict Very Low Colorado River Inflows This Spring
Federal forecasters sharply reduced projections for Colorado River runoff this year, warning that poor snowpack and
unusually warm temperatures could push Lake Powell toward dangerously low levels sooner than expected. The new
February 1 forecast predicts inflows into Powell will be about one-third lower than already bleak January estimates.
The worsening outlook, and lack of consensus among the seven Colorado River Basin States, puts the Trump
Administration and Interior Secretary Doug Burgum under pressure to make tough decisions about how to operate the
river’s dams. To prevent Powell from dropping below levels that could damage Glen Canyon Dam’s hydropower
infrastructure, the Bureau of Reclamation may need to either release more water from upstream reservoirs like
Flaming Gorge or cut releases from Powell to Lake Mead.
Both options risk triggering major interstate conflict: Upper Basin states fiercely protect their reservoirs, while Lower
Basin states could sue if Powell releases drop enough to threaten what they see as compact-required deliveries. With a
new long-term water-sharing deal also due within days and the seven basin states still deeply divided, the forecast
intensifies the likelihood of legal and political battles over the West’s most critical river system.
But hope springs eternal as weather patterns begin to shift more rain- and snow-laden storms towards the Western
U.S. this month with colder temperatures in the forecast.
Senate EPW Hearing Held on Growing Water Utility Cyber Threats
The Senate Environment and Public Works (EPW) Committee held a hearing on February 4 on growing cybersecurity
threats to U.S. water and wastewater infrastructure. Lawmakers from both parties generally agree on the need to
strengthen protections, as cyberattacks against utilities have become more frequent. EPA has made the issue a priority
under both the Biden and Trump Administrations, including the creation of a specialized EPA water office division
focused on cyberthreats.
Small utilities face particular challenges due to limited funding and expertise, though larger systems have also been
targeted, such as a 2021 ransomware attack on the Washington Suburban Sanitary Commission. While EPA attempted

Page 3
Agenda Page 83

to implement new cybersecurity requirements under the Biden Administration, the effort was withdrawn after legal
challenges, leaving most federal requirements voluntary. The hearing featured testimony from a cybersecurity expert
and representatives from rural and large water utilities.
Western Caucus Elects New Chair to Replace the Late Rep. LaMalfa
Rep. Celeste Maloy (R-UT) has been elected chair of the Congressional Western Caucus following the death of its
longtime leader, Rep. Doug LaMalfa (R-CA). Chosen unanimously, Maloy said she plans to continue LaMalfa’s
priorities, focusing the GOP caucus on rural issues such as federal land use, water rights, energy, agriculture, and
regulatory reform. A former caucus executive vice chair and water and land policy expert, Maloy aims to strengthen
the caucus’s role as a “policy powerhouse” on Western issues.
Trump Administration Signs Off on California’s Sites Reservoir
The Trump Administration has formally approved the proposed Sites Reservoir north of Sacramento, CA, clearing a
major regulatory hurdle and allowing the federal government to fund up to 25% of the project’s cost. The decision
aligns the administration with California Gov. Gavin Newsom (D) on one of the state’s largest water infrastructure
projects, intended to capture floodwater and improve long-term water reliability. Federal approval unlocks $780
million already committed to the project and strengthens negotiations over future federal participation, though several
key challenges remain.
D.C. Circuit Denies EPA Request to Vacate Biden-Era Limits for Four PFAS
A D.C. Circuit appellate motions panel has denied the Trump Administration’s request to immediately vacate four
PFAS limits in the Biden-era drinking water rule, keeping all six standards in place while litigation proceeds. The
court said the legal merits for vacating the standards were not clear enough to justify early action, dealing a setback to
EPA’s effort to quickly roll back parts of the rule it claims were procedurally flawed. As a result, states and water
utilities must continue preparing to meet existing monitoring and compliance timelines, even as uncertainty persists
over the rule’s ultimate fate.
As always, it is a pleasure serving the Western Municipal Water District. If this report brings rise to any questions,
please contact Mark Limbaugh at (202) 286-8887 or Christopher Kearney at (202) 549-1583.

Page 4
Agenda Page 84

Attachment 2
Western Municipal Water District
Priority Bill List as of 2/13/2026
AB 259

(Rubio, Blanca D) Open meetings: local agencies: teleconferences.
Current Text: Amended: 4/21/2025 html pdf
Introduced: 1/16/2025
Last Amend: 4/21/2025
Status: 7/17/2025-Failed Deadline pursuant to Rule 61(a)(10). (Last location was JUD. on 5/14/2025)
(May be acted upon Jan 2026)
Location: 7/17/2025-S. 2 YEAR
Desk Policy Fiscal Floor Desk 2 year Fiscal Floor Conf.
Enrolled Vetoed
Conc.
1st House
2nd House

Chaptered

Summary: The Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a
legislative body, as defined, of a local agency be open and public and that all persons be permitted to
attend and participate. Current law, until January 1, 2026, authorizes the legislative body of a local
agency to use alternative teleconferencing if, during the teleconference meeting, at least a quorum of
the members of the legislative body participates in person from a singular physical location clearly
identified on the agenda that is open to the public and situated within the boundaries of the territory
over which the local agency exercises jurisdiction, and the legislative body complies with prescribed
requirements. Current law requires a member to satisfy specified requirements to participate in a
meeting remotely pursuant to these alternative teleconferencing provisions, including that specified
circumstances apply. Current law establishes limits on the number of meetings a member may
participate in solely by teleconference from a remote location pursuant to these alternative
teleconferencing provisions, including prohibiting such participation for more than 2 meetings per year
if the legislative body regularly meets once per month or less. This bill would extend the alternative
teleconferencing procedures until January 1, 2030.
Position
Support [As
Introduced]
Notes 1:
ACWA - SUPPORT
CSDA - Sponsor
AB 362

(Ramos D) Water policy: California tribal communities.
Current Text: Amended: 4/21/2025 html pdf
Introduced: 1/30/2025
Last Amend: 4/21/2025
Status: 2/2/2026-Died on inactive file.
Location: 2/2/2026-A. DEAD
Dead Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Enrolled Vetoed Chaptered
Conc.
1st House
2nd House
Summary: The Porter-Cologne Water Quality Control Act establishes a statewide program for the
control of the quality of all the waters in the state and makes certain legislative findings and
declarations. Current law defines the term “beneficial uses” for the purposes of water quality as
certain waters of the state that may be protected against quality degradation, to include, among
others, domestic, municipal, agricultural, and industrial supplies. This bill would add findings and
declarations related to California tribal communities, as defined, and the importance of protecting tribal
water use. The bill would add tribal water uses as waters of the state that may be protected against
quality degradation for purposes of the defined term “beneficial uses.”
Position
Notes 1:
ACWA - OPPOSE UNLESS AMENDED
CMUA - OPPOSE UNLESS AMENDED

AB 532

(Ransom D) Water rate assistance program.
Current Text: Amended: 7/17/2025 html pdf
Introduced: 2/11/2025
Last Amend: 7/17/2025
Status: 8/29/2025-Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE
FILE on 8/18/2025)(May be acted upon Jan 2026)
Location: 8/29/2025-S. 2 YEAR
Desk Policy Fiscal Floor Desk Policy 2 year Floor Conf.
Enrolled Vetoed Chaptered
Conc.
1st House
2nd House

Page 1/4

Agenda Page 85

Summary: Current federal law, the Consolidated Appropriations Act, 2021 requires the federal
Department of Health and Human Services to carry out a Low-Income Household Drinking Water and
Wastewater Emergency Assistance Program, which is also known as the Low Income Household Water
Assistance Program, for making grants to states and Indian tribes to assist low-income households
that pay a high proportion of household income for drinking water and wastewater services, as
provided. Current law requires the Department of Community Services and Development to administer
the Low Income Household Water Assistance Program in this state, and to receive and expend moneys
appropriated and allocated to the state for purposes of that program, pursuant to the abovedescribed federal law. The Low Income Household Water Assistance Program was only operative until
March 31, 2024. This bill would repeal the above-described requirements related to the Low Income
Household Water Assistance Program.
Position
Notes 1:
CMUA - SPONSOR
AB 794

(Gabriel D) California Safe Drinking Water Act: emergency regulations.
Current Text: Amended: 4/10/2025 html pdf
Introduced: 2/18/2025
Last Amend: 4/10/2025
Status: 2/2/2026-Died on inactive file.
Location: 2/2/2026-A. DEAD
Dead Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Enrolled Vetoed Chaptered
Conc.
1st House
2nd House
Summary: The California Safe Drinking Water Act (state act) requires the State Water Resources
Control Board to administer provisions relating to the regulation of drinking water to protect public
health. The state board’s duties include, but are not limited to, enforcing the federal Safe Drinking
Water Act (federal act) and adopting and enforcing regulations. Current law authorizes the state board
to adopt as an emergency regulation, a regulation that is not more stringent than, and is not
materially different in substance and effect than, the requirements of a regulation promulgated under
the federal act, with a specified exception. This bill would provide that the authority of the state board
to adopt an emergency regulation pursuant to these provisions includes the authority to adopt
requirements of a specified federal regulation that was in effect on January 19, 2025, regardless of
whether the requirements were repealed or amended to be less stringent. The bill would prohibit an
emergency regulation adopted pursuant to these provisions from implementing less stringent drinking
water standards, as provided, and would authorize the regulation to include monitoring requirements
that are more stringent than the requirements of the federal regulation. The bill would prohibit
maximum contaminant levels and compliance dates for maximum contaminant levels adopted as part of
an emergency regulation from being more stringent than the maximum contaminant levels and
compliance dates of a regulation promulgated pursuant to the federal act.
Position
Notes 1:
ACWA - OPPOSE UNLESS AMENDED
CMUA - OPPOSE

AB 810

(Irwin D) Local government: internet websites and email addresses.
Current Text: Amended: 4/10/2025 html pdf
Introduced: 2/19/2025
Last Amend: 4/10/2025
Status: 2/2/2026-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Location: 1/23/2026-A. DEAD
Dead Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Enrolled Vetoed
Conc.
1st House
2nd House

Chaptered

Summary: Current law requires that a local agency that maintains an internet website for use by the
public to ensure that the internet website uses a “.gov” top-level domain or a “.ca.gov” second-level
domain no later than January 1, 2029. Current law requires that a local agency that maintains public
email addresses to ensure that each email address provided to its employees uses a “.gov” domain
name or a “.ca.gov” domain name no later than January 1, 2029. Current law defines “local agency” for
these purposes as a city, county, or city and county. This bill would recast these provisions by instead
requiring a city, county, or city and county to comply with the above-described domain requirements
and by deleting the term “local agency” from the above-described provisions. The bill would also
require a special district, joint powers authority, or other political subdivision to comply with similar
domain requirements no later than January 1, 2031.
Position

Page 2/4

Agenda Page 86

SB 350

(Durazo D) Water Rate Assistance Program.
Current Text: Amended: 5/7/2025 html pdf
Introduced: 2/12/2025
Last Amend: 5/7/2025
Status: 2/2/2026-Returned to Secretary of Senate pursuant to Joint Rule 56.
Location: 1/23/2026-S. DEAD
Dead Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Enrolled Vetoed Chaptered
Conc.
1st House
2nd House
Summary: Would establish the Water Rate Assistance Program. As part of the program, the bill would
establish the Water Rate Assistance Fund in the State Treasury, available upon appropriation by the
Legislature, to provide water affordability assistance, for both residential water and wastewater
services, to low-income residential ratepayers, as specified. The bill would require the state board to
take various actions in administering the fund, including, among other things, tracking and managing
revenue in the fund separately from all other revenue. The bill would require the State Water
Resources Control Board, in consultation with relevant agencies and after a public hearing, to adopt
guidelines for implementation of the program and to adopt an annual report to be posted on the state
board’s internet website identifying how the fund has performed, as specified. The bill would require
the guidelines to include minimum requirements for eligible systems, including the ability to confirm
eligibility for enrollment through a request for self-certification of eligibility under penalty of perjury. By
expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would
require the state board to take various actions in administering the program, including, but not limited
to, providing guidance, oversight, and funding for low-income rate assistance for residential ratepayers
of eligible systems. The bill would authorize the Attorney General, at the request of the state board, to
bring an action in state court to restrain the use of any method, act, or practice in violation of these
provisions, except as provided. The bill would make the implementation of all of these provisions
contingent upon an appropriation by the Legislature.
Position
Notes 1: ACWA - OPPOSE UNLESS AMENDED
CSDA - OPPOSE UNLESS AMENDED 3

SB 445

(Wiener D) High-speed rail: third-party agreements, permits, and approvals: regulations.
Current Text: Amended: 7/17/2025 html pdf
Introduced: 2/18/2025
Last Amend: 7/17/2025
Status: 8/28/2025-Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE
FILE on 8/20/2025)(May be acted upon Jan 2026)
Location: 8/28/2025-A. 2 YEAR
Desk Policy Fiscal Floor Desk Policy 2 year Floor Conf.
Enrolled Vetoed Chaptered
Conc.
1st House
2nd House
Summary: Current law creates the High-Speed Rail Authority Office of the Inspector General (office)
and authorizes the High-Speed Rail Authority Inspector General (inspector general) to initiate an audit
or review regarding oversight related to delivery of the high-speed rail project undertaken by the
authority and the selection and oversight of contractors related to that project. Current law requires
the inspector general to submit annual reports to the Legislature and Governor regarding its findings.
This bill would require the authority, on or before July 1, 2026, to develop and adopt internal rules, as
defined, setting forth standards and timelines for the authority to engage utilities to ensure
coordination and cooperation in relocating utility infrastructure or otherwise resolving utility conflicts
affecting the delivery of the high-speed rail project. The bill would require the authority to ensure that
the internal rules, among other things, identify the circumstances under which the authority would be
required seek to enter into a cooperative agreement with a utility that, where relevant, identifies who
is responsible for specific utility relocations, as specified.
Position

SB 496

(Hurtado D) Advanced Clean Fleets Regulation: appeals advisory committee: exemptions.
Current Text: Amended: 4/7/2025 html pdf
Introduced: 2/19/2025
Last Amend: 4/7/2025
Status: 2/2/2026-Returned to Secretary of Senate pursuant to Joint Rule 56.
Location: 1/23/2026-S. DEAD
Dead Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Enrolled Vetoed Chaptered
Conc.
1st House
2nd House
Summary: The California Global Warming Solutions Act of 2006 establishes the State Air Resources

Page 3/4

Agenda Page 87

Board as the state agency responsible for monitoring and regulating sources emitting greenhouse
gases and requires the state board to adopt rules and regulations to achieve the maximum
technologically feasible and cost-effective greenhouse gas emission reductions from those sources.
Pursuant to its authority, the state board has adopted the Advanced Clean Fleets Regulation, which
imposes various requirements for transitioning local, state, and federal government fleets of mediumand heavy-duty trucks, other high-priority fleets of medium- and heavy-duty trucks, and drayage trucks
to zero-emission vehicles. The Advanced Clean Fleets Regulation authorizes entities subject to the
regulation to apply for exemptions from its requirements under certain circumstances. This bill would
require the state board to establish the Advanced Clean Fleets Regulation Appeals Advisory
Committee by an unspecified date for purposes of reviewing appeals of denied requests for
exemptions from the requirements of the Advanced Clean Fleets Regulation. The bill would require the
committee to include representatives of specified governmental and nongovernmental entities. The bill
would require the committee to meet monthly and would require recordings of its meetings to be made
publicly available on the state board’s internet website. The bill would require the committee to
consider, and make a recommendation on, an appeal of an exemption request denial no later than 60
days after the appeal is made. The bill would require specified information relating to the committee’s
consideration of an appeal to be made publicly available on the state board’s internet website.
Position

SB 601

(Allen D) Water: waste discharge.
Current Text: Amended: 7/10/2025 html pdf
Introduced: 2/20/2025
Last Amend: 7/10/2025
Status: 8/28/2025-Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE
FILE on 8/20/2025)(May be acted upon Jan 2026)
Location: 8/28/2025-A. 2 YEAR
Desk Policy Fiscal Floor Desk Policy 2 year Floor Conf.
Enrolled Vetoed Chaptered
Conc.
1st House
2nd House
Summary: The State Water Resources Control Board and the 9 California regional water quality
control boards regulate water quality and prescribe waste discharge requirements in accordance with
the Porter-Cologne Water Quality Control Act (act) and the National Pollutant Discharge Elimination
System (NPDES) permit program. Under the act, the State Water Resources Control Board is
authorized to adopt water quality control plans for waters for which quality standards are required by
the federal Clean Water Act, as specified, and that in the event of a conflict, those plans supersede
regional water quality control plans for the same waters. This bill would authorize the state board to
adopt water quality control plans for nexus waters, which the bill would define as all waters of the
state that are not also navigable, except as specified. The bill would require any water quality
standard that was submitted to, and approved by, or is awaiting approval by, the United States
Environmental Protection Agency or the state board that applied to nexus waters as of May 24, 2023,
to remain in effect, as provided.
Position
OPPOSE
Notes 1:
ACWA - OPPOSE
CMUA - OPPOSE
CSDA - OPPOSE 3

Total Measures: 9
Total Tracking Forms: 9

Page 4/4

Agenda Page 88

Agenda Item: 7(D)1
Date: February 24, 2026
TO: THE COMMUNITY AND GOVERNMENT AFFAIRS COMMITTEE
Director Laura Roughton, Committee Member
Director Fauzia Rizvi, Committee Member
FROM: Sarah Macdonald, Assistant General Manager

WATER EFFICIENCY PROGRAM UPDATE

Western Water | 14205 Meridian Parkway, Riverside | 951.571.7100 | WesternWaterCA.gov

Agenda Page 89

Water Efficiency Program
Update

Agenda Page 90

AGENDA
• Program Overview
• Commercial, Industrial, and
Institutional (CII) and Public Agency
Turf Transformation Program Update
• Urban Water Use Objective
Performance

Agenda Page 91

SUPPORTING CUSTOMERS
• Personalized, end-to-end support for residential, commercial, and
public agency customers
• Landscape and irrigation efficiency surveys
• Residential and commercial rebate programs
• Customer-specific outreach
• Regional and statewide partnerships to maximize funding and impact

Agenda Page 92

CII TURF TRANSFORMATION PROGRAM

STRATEGIC FOCUS

• Largest outdoor water savings opportunity
• Directly supports compliance with statemandated non-functional turf restrictions
• High visibility projects that model waterwise landscapes
• Benefits include water savings, reduced
run off, and long-term landscape resilience

Agenda Page 93

CII TURF TRANSFORMATION PROGRAM

PROGRAM RESULTS

10

135,362
Square
Feet

$114,150
Rebate
Dollars

2.8 M
Gallons

Completed
Projects

Non-functional
Turf Removed

Distributed by
Western
Water

Estimated
Annual Water
Savings

Agenda Page 94

PROJECTS IN PROGRESS
• City of Murrieta Public Library – Phase II
• Status: Pre-construction

• City of Riverside Fire Department Stations
• Status: Application pending

• Westmont Village Homeowner Association
• Status: Active construction

• Western Water Bergamont Park Pump Station
• Status: Design

Agenda Page 95

URBAN WATER USE OBJECTIVE

PERFORMANCE SNAPSHOT
• Western Water is compliant with the State-mandated Urban
Water Use Objective
• Performance exceeds required targets by 12.3%
• Compliance achieved through combined indoor, outdoor, and
dedicated commercial efficiency strategies
• Ongoing forecasting and reporting through 2040

Agenda Page 96

STEWARDSHIP
SERVICE
RESULTS
• Customers are supported
• Programs deliver measurable water
savings
• Western Water is positioned for longterm regulatory success
• Continued focus on efficiency, equity,
and accountability

Agenda Page 97

Thank you

9
Agenda Page 98