powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.

subparagraph, “temporary facility” means a facility that will be completely removed and the area restored to a clean and safe condition within six months after the end of the 2028 Olympic Games and Paralympic Games.

paragraph does not limit any other applicable statute or regulation governing impacts from temporary facilities to, among others, sensitive wildlife habitats, including, but not limited to, riparian lands, wetlands, bays, estuaries, marshes, and habitats for endangered, rare, and threatened species.

maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.

on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.

et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.

declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:

lead agency, that the project, as revised, may have a significant effect on the environment.

impacts on the environment.

made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.

unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.

This division shall not apply to any activity or approval necessary for the reopening and operation of the California Men’s Colony West Facility in San Luis Obispo County.

This division shall not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or maintenance of the new prison facility at or in the vicinity of Corcoran in Kings County as authorized by the act that enacted this section.

This division shall not apply to any activity or approval necessary for or incidental to the location, development, construction, operation, or maintenance of the prison in the County of Kings, authorized by Section 9 of Chapter 958 of the Statutes of 1983, as amended, and of the prison in the County of Amador (Ione), authorized by Chapter 957 of the Statutes of 1983, as amended.

This division does not apply to a project by a public agency to lease or purchase the rail right-of-way used for the San Francisco Peninsula commute service between San Francisco and San Jose, together with all branch and spur lines, including the Dumbarton and Vasona lines.

This division shall not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or maintenance of the new prison facilities located in any of the following places:

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

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

21067.5.

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

location for a particular campus and the approval of a long-range development plan are subject to this division and require the preparation of an environmental impact report.

impacts, the court may order the campus or medical center to prepare a new, supplemental, or subsequent environmental impact report. Only if a new, supplemental, or subsequent environmental impact report has not been certified within 18 months of that order, the court may, pursuant to Sections 525 and 526 of the Code of Civil Procedure, enjoin increases in campus population that exceed the projections adopted in the most recent long-range development plan and analyzed in the supporting environmental impact report.

in enrollment made before the effective date of that bill.

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

with the use designation, density, building intensity, and applicable policies specified for the area of the

development project in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board has accepted the metropolitan planning organization’s determination that the strategy would, if implemented, achieve the greenhouse gas emission reduction targets established by the State Air Resources Board, pursuant to clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code. The written determination that the project is consistent shall be submitted by the metropolitan planning organization.

in Section 15300.2, 15301, 15302, 15303, 15304, 15305, 15312, 15315, 15320, 15322, 15327, 15330, or 15332 of Title 14 of the California Code of Regulations, as applicable, the application of this division to the approval of the proposed housing development project shall be limited to effects upon the environment that are caused solely by that single condition.

any discussion of alternatives to the housing development project or the growth-inducing impacts of the housing development project.

natural and protected lands, as defined pursuant to Section 21067.5.

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

(ii) The project applicant applied pursuant to paragraph (5) of subdivision (d) of Section 65589.5 of the Government Code as it read before January 1, 2025.

alternatives, mitigation measures, and any potential and significant effects on the environment of the project.

In the case of a project described in subdivision (c) of Section 21065, the determination required by Section 21080.1 shall be made within 30 days from the date on which an application for a project has been received and accepted as complete by the lead agency. This period may be extended 15 days upon the consent of the lead agency and the project applicant.

responsibilities of that responsible agency, the office, or the public agency in connection with the proposed project and which, pursuant to the requirements of this division, shall be included in the environmental impact report. The information shall be specified in writing and shall be communicated to the lead agency by certified mail, email, or an equivalent procedure not later than 30 days after the date of receipt of the notice of the lead agency’s determination. The lead agency shall request similar guidance from appropriate federal agencies.

assisting the lead agency to determine the scope and content of the environmental information that any of those responsible agencies, the office, or the public agencies may require. In the case of a project described in subdivision (c) of Section 21065, the request may also be made by the project applicant. The meetings shall be convened by the lead agency as soon as possible, but not later than 30 days after the date that the meeting was requested.

other entitlement for use.

activities and the preparation of the plan or other written documentation in a manner consistent with the environmental protection purposes of the regulatory program.

for a period of 30 days.

program, including the nature of specific alternatives or mitigation measures that might be proposed to lessen any significant adverse effect on the environment of the activity.

extend to individual decisions to be reached under the regulatory program, including specific alternatives or mitigation measures that might be proposed to lessen any significant adverse effect on the environment of the activity. The secretary shall have 30 days from the date of receipt of the proposed change to notify the state agency whether the proposed change will alter the regulatory program so that it no longer meets the qualification for certification established in this section and will result in a withdrawal of certification as provided in this section.

be commenced not later than 30 days from the date of the filing of notice of the approval or adoption of the activity.

this section, a county agricultural commissioner is a state agency.

authorizing the secretary to undertake a review of the certified regulatory programs.

Resources.

This division does not apply to the conversion of an existing rental mobilehome park to a resident initiated subdivision, cooperative, or condominium for mobilehomes if the conversion will not result in an expansion of or change in existing use of the property.

This division shall not apply to activities and approvals by any local government, as defined in Section 30109, or any state university or college, as defined in Section 30119, as necessary for the preparation and adoption of a local coastal program or long-range land use development plan pursuant to Division 20 (commencing with Section 30000); provided, however, that certification of a local coastal program or long-range land use development plan by the California Coastal Commission pursuant to Chapter 6 (commencing with Section 30500) of Division 20 shall be subject to the requirements of this division. For the purpose of Section 21080.5, a certified local coastal program or long-range land use development plan constitutes a plan for use in the California Coastal Commission’s regulatory program.

This division does not apply to any of the following:

this division by another public agency.

This division shall not apply to settlements of title and boundary problems by the State Lands Commission and to exchanges or leases in connection with those settlements.

division.

and it approves or determines to carry out the project, the local agency shall file a notice with the Office of Planning and Research and with the county clerk in each county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21152.

This division does not apply to the adoption of an ordinance by a city or county to implement Section 65852.1 of, or Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of, the Government Code.

This division does not apply to the closing of any public school in which kindergarten or any of grades 1 through 12 is maintained or the transfer of students from that public school to another school if the only physical changes involved are categorically exempt under Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Administrative Code.

This division does not apply to a project for restriping of streets or highways to relieve traffic congestion.

(B) This division does not apply to a transit comprehensive operational analysis, transit route readjustment, or other transit agency route addition, elimination, or modification.

the consideration of environmental factors, but that consideration does not inhibit or preclude the application of this section.

more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas.

choose walking, bicycling, or rolling through the creation of safe, comfortable, connected, and accessible walking, bicycling, or rolling networks, and encourages alternatives to single-occupancy vehicle trips.

This division does not apply to any project of less than one mile in length within a public street or highway or any other public right-of-way for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline. For purposes of this section, “pipeline” includes subsurface facilities but does not include any surface facility related to the operation of the underground facility.

achieve the maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline are not undertaken over a length of more than one-half mile at any one time.

law, the person undertaking the project has, in advance of undertaking the project, prepared a plan that will result in notification of the appropriate agencies so that they may take action, if determined to be necessary, to provide for the emergency evacuation of members of the public who may be located in close proximity to the project.

Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and other applicable state laws, and

with all applicable federal laws.

underlying property owner permission for access to the property.

pipeline is increased.

This division does not apply to the issuance, modification, amendment, or renewal of a permit by an air pollution control district or air quality management district pursuant to Title V, as defined in Section 39053.3 of the Health and Safety Code, or pursuant to a district Title V program established pursuant to Sections 42301.10, 42301.11, and 42301.12 of the Health and Safety Code, unless the issuance, modification, amendment, or renewal authorizes a physical or operational change to a source or facility.

valid exercise of its police power.

that provides contracted paratransit services.

shoulders to part-time transit lanes, for use either during peak congestion hours or all day on highways with existing public transit service or where a public transit agency will be implementing public transit service as identified in a short-range transit plan.

located entirely within an existing public right-of-way or existing highway right-of-way, whether or not the right-of-way is in use for rail or public mass transit and is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

submitted a notice of preparation for an environmental impact report pursuant to Section 21092 before January 1, 2026, shall not apply to the exemption pursuant to this paragraph.

rehabilitation of stations, terminals, or existing operations facilities, which will be exclusively used by zero-emission trains or certified Tier 4 or cleaner rolling stock or locomotives, as provided in Section 1033.101 of Title 40 of the Code of Federal Regulations. The project shall be located entirely within an existing rail right-of-way or existing highway right-of-way, whether or not the right-of-way is in use for passenger rail transit.

shall not be eligible for the exemption pursuant to this paragraph if used by certified Tier 4 or cleaner rolling stock or locomotives that are not zero-emission rolling stock or locomotives and the project is located in an air basin designated as a serious, severe, or extreme nonattainment area for particulate matter and ozone.

(ii) Located within an existing public right-of-way.

(iii) Located on property owned by a public or private utility within an urbanized area.

(B) A lead agency applying an exemption pursuant to this paragraph for hydrogen refueling infrastructure or facilities necessary to refuel or maintain zero-emission public transit buses, trains, or ferries shall comply with clauses (i), (iii), and (iv) of subparagraph (D) of, and with subparagraph (E) of, paragraph (1) of subdivision (d).

(ii) Notwithstanding clause (i), if a lead agency has an alternative project approval process for a project subject to subdivision (b), it may instead follow that alternative process.

any auxiliary lanes.

(A) The project is incorporated in a regional transportation plan, sustainable communities strategy, general plan, or other plan that has undergone a programmatic-level environmental review pursuant to this division within 10 years of the

approval of the project.

(B) The project’s construction impacts are fully mitigated consistent with applicable law.

(C) (i) The lead agency shall complete and consider the results of a project business case and a racial equity analysis. The Office of Land Use and Climate Innovation may set guidelines for the project business case and the racial equity analysis or delegate that authority to metropolitan planning organizations.

(ii) The racial equity analysis required under this subparagraph shall identify the racial equity impacts of the project, identify who will benefit from and be burdened by the project, and, where significant or disproportionate impacts exist, suggest strategies, designs,

or actions to mitigate those impacts.

(D) The lead agency shall hold noticed public meetings as follows:

(ii) At least one of the three public meetings shall review the project business case and the racial equity analysis. The review of these documents does not inhibit or preclude application of this section.

(iii) The lead agency shall conduct at least two noticed public meetings annually during project construction for the public to provide comments.

(iv) The public meetings held pursuant to clauses (i) to (iii), inclusive, shall be in the form of either a public community planning meeting held in the project area or in the form of a regularly scheduled meeting of the governing body of the lead agency.

(E) The lead agency shall give public notice of the meetings in subparagraph (D) to the last known name and address of all the organizations and individuals that have previously requested notice and shall also give the general public notice using at least one of the following procedures:

newspaper of largest circulation from among the newspapers of general circulation in those areas.

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

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

project subject to this paragraph, the lead agency shall define or identify areas at risk of residential displacement.

(j).

(B) Subparagraph (A) does not apply if the lead agency has an existing policy or certification approved by its governing board that requires the use of a skilled and trained workforce to complete the project if the lead agency is a signatory to a project labor agreement that will require the use of a skilled and trained workforce on the project.

(B), for a project that is exempted under this section, the lead agency shall not enter into a construction contract with any entity unless the entity provides to the lead agency an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.

to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement.

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

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

a skilled and trained workforce after the granting of the exemption under this section or the lead agency may demonstrate compliance with subparagraph (B) of paragraph (1) of subdivision (f).

rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Office of Land Use and Climate Innovation may implement, interpret, or make specific this subdivision without taking any regulatory action.

This division does not apply to minor alterations to utilities made for the purposes of complying with Sections 116410 and 116415 of the Health and Safety Code or regulations adopted thereunder.

50052.5 of the Health and Safety Code, at an affordable cost or an affordable rent, except that up to 20 percent of the units in the development may be dedicated to moderate-income households, as defined in Section 50053 of the Health and Safety Code, at an affordable cost or an affordable rent.

(ii) The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.

(iii) Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.

(iv) General obligation bonds issued pursuant to Proposition HHH

approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.

(vi) The program referred to as Homekey, as described in

Section 50675.1.1 of the Health and Safety Code.

(vii) The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.

(viii) The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.

(ix) The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.

Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.

(xi) The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.

(xii) The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.

(xiii) Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.

(xiv) Funding distributed by the California Debt Limit Allocation Committee and the

California Tax Credit Allocation Committee.

(D) The housing development project site meets both of the following conditions:

(ii) If the project is located on a vacant site, the site does not contain tribal cultural resources that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 and the

effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2.

(E) The housing development project site is not any of the following:

(ii) A site that is either prime farmland or

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

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

(iv) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless

either of the following apply:

(I) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.

(II) The State Department of Public Health, the State Water Resources Control Board, the Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the

site is suitable for residential use or residential mixed uses.

the following are met:

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

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

(vi) A site located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has

received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this clause and is otherwise eligible for an exemption under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.

(vii) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal

Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

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

(ix) Lands under conservation easement.

limits established by the California Tax Credit Allocation Committee.

HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.

Behavioral Health Continuum Infrastructure Program established pursuant to Chapter 1 (commencing with Section 5960)

of Part 7 of Division 5 of the Welfare and Institutions Code.

Government Code or the eligibility requirements for qualified supportive housing or qualified permanent supportive housing set forth in

City of Los Angeles Ordinance No. 185,489 or 185,492, and that is funded, in whole or in part, by any of the following:

election.

(commencing with Section 53559) of Division 31 of the Health and Safety Code.

6.9 (commencing with Section 64700) of the Government Code.

developments for youth and young adults, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance, or as defined in Section 65582 of the Government Code, and that is funded, in whole or in part, by any of the following:

obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.

adults” includes persons who are pregnant and parenting.

transitional housing project for youth and young adults.

center, a supportive housing project, or a transitional housing project for youth and young adults.

within the City of Los Angeles:

land owned or to be purchased for an affordable housing project,

a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.

to subdivision (e), this division does not apply to any of the following activities undertaken by an eligible public agency in the City of Los Angeles or within the unincorporated areas of the County of Los Angeles:

a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.

project sponsor certifies to the lead agency that all of the following will be met for any construction or rehabilitation work:

(ii) The project sponsor ensures that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the project that are not a public work.

(iii) All contractors

and subcontractors for those portions of the project that are not a public work comply with both of the following:

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

(II) Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subclause does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for

enforcement of that obligation through an arbitration procedure.

(B) (i) The obligation of the contractors and subcontractors to pay prevailing wages pursuant to subparagraph (A) may be enforced by any of the following:

(I) The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project.

(II) An underpaid worker through an administrative complaint or civil action.

(III) A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.

(ii) If a civil wage

and penalty assessment is issued pursuant to this subparagraph, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.

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

(C) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of the project that are not a

public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.

(D) The requirement of subparagraph (A) to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.

only until January 1, 2030, and as of that date is repealed.

plant and animal habitats.

lead agency shall file a notice with the Office of Planning and Research and with the county clerk in the county in which the land is located in the manner specified in subdivisions (b) and (c) of Section 21152.

State Water Resources Control Board.

Code, as that assessment may be updated pursuant to Article 6 (commencing with Section 116772) of Chapter 4.6 of Part 12 of Division 104 of the Health and Safety Code.

conducted and relied upon by the state board to inform its annual fund expenditure plan pursuant to subdivision (b) of Section 116769 of the Health and Safety Code, as that assessment may be updated pursuant to Article 6 (commencing with Section 116772) of Chapter 4.6 of Part 12 of Division 104 of the Health and Safety Code.

future growth.

in Section 15062 of Title 14 of the California Code of Regulations, with the Office of Planning and Research in the manner specified in subdivisions (b) and (c) of Section 21108 and with the county clerk in the manner specified in subdivisions (b) and (c) of Section 21152.

21080.47 of this code or Section 15301 or 15302 of Title 14 of the California Code of Regulations do not apply to the well project, the reason that the sections do not apply.

This division does not apply to any emergency project undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, except for a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code, within the existing right-of-way of the highway, damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage. This section does not exempt from this division any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide.

For the purposes of Section 21069, the phrase “carrying out or approving a project” shall include the carrying out or approval of a plan for a project that expands or enlarges an existing publicly owned airport by any political subdivision, as described in Section 21661.6 of the Public Utilities Code.

generation and use of solar electricity or solar-heated water, including any monitoring and control, safety, conversion, and emergency responder equipment necessary to connect to the customer’s electrical service or plumbing and any equipment, as well as any equipment necessary to connect the energy generated to the electrical grid, whether that connection is onsite or on an adjacent parcel of the building and separated only by an improved right-of-way. “Associated equipment” does not include a substation.

Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).

facility or connection.

Section 50079.5 of the Health and Safety Code.

(ii) The project complies with all of the requirements of Section 65914.7 of the Government Code.

(B) (i) The project meets the labor standards set forth in Section 65912.130 of the Government Code.

(ii) In addition to clause (i), for a project with 50 or more residential units, the project meets the labor standards set forth in Section 65912.131 of the Government Code.

(C) The project is located on a legal parcel or parcels in any of the following locations:

area or urban cluster, as designated by the United States Census Bureau, or in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

(ii) Within one-half mile walking distance to either a high-quality transit corridor or a major transit stop.

(iii) In a very low vehicle travel area.

(iv) Proximal to six or more amenities pursuant to paragraph (3) as of the date of submission of the application for the project.

(D) Parcels that are developed with urban uses adjoin at least 75 percent of the perimeter of the project site or at least three sides of

a four-sided project site. For purposes of this paragraph, parcels that are only separated by a street or highway shall be considered to be adjoined.

(ii) A ferry terminal.

(B) Within one mile, or for a parcel in a rural area, as defined in Section 50199.21 of the Health and Safety Code, within two miles,

of any of the following amenities:

(ii) A public park.

(iii) A community center.

(iv) A pharmacy or drugstore.

(vi) A public library.

(vii) A school that maintains a kindergarten or any of grades 1 to 12, inclusive.

and unincorporated areas of an individual county that is not part of a metropolitan planning organization.

required specifically and exclusively to allow the construction of an affordable housing project.

project site can be adequately served by existing utilities or extensions.

I environmental assessment, as defined in Section 25319.1 of the Health and Safety Code. If a recognized environmental condition is found, the development proponent shall undertake a preliminary endangerment assessment, as defined in Section 25319.5 of the Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.

(ii) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements.

(iii) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements.

(ii) None of the housing is located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.

(iii) The project site is not within a very high fire hazard severity zone,

as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 or as designated pursuant to subdivisions (a) and (b) of Section 51179 of the Government Code.

The Legislature finds and declares all of the following:

continually informed by advancements in research, data, and practice. Currently, the Department of Transportation is developing updated methodologies for analyzing transportation impacts in rural settings, which are expected to be published on or before July 1, 2026. It is the intent of the Legislature that these ongoing efforts be integrated into relevant guidance for addressing transportation impacts that promote more effective practices statewide.

transportation impact under CEQA. The program established pursuant Section 21080.44 is intended to facilitate an existing category of mitigation, specifically, the development of vehicle miles traveled-efficient affordable housing or related infrastructure, by providing a streamlined and accessible mechanism through which applicants can contribute to eligible mitigation projects. This approach is consistent with established practices already used at the local and regional level across the state and provides project applicants an additional tool to support their mitigation efforts.

Implementation Fund” means the fund created pursuant to Section 53561 of the Health and Safety Code.

California Code of Regulations, including by contributing an amount, to be determined pursuant to the office’s guidance issued pursuant to subdivision (d), to the Transit-Oriented Development Implementation Fund for purposes of the Transit-Oriented Development Implementation Program.

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

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

(A) First priority to affordable housing or related infrastructure projects in

location-efficient areas, as defined in the office’s guidance issued pursuant to subdivision (d), within the same region as the project.

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

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

(ii) The proximity radius shall be specified in the office’s guidance and may vary based on regional characteristics such as population density and travel patterns. The intent of this provision is to support projects in neighboring regions

that offer similar vehicle miles traveled-reducing benefits due to the project’s location efficiency, including access to high-quality transit, jobs, and essential services.

miles traveled associated with the affordable housing or related infrastructure project using the methodology established in the office’s guidance issued pursuant to subdivision (d).

the project and the location of the vehicle miles traveled-efficient affordable housing or related infrastructure project which shall consider the location efficient area’s consistency with an adopted sustainable communities strategy pursuant to Section 65080 of the Government Code, alternative planning strategy pursuant to Section 65080 of the Government Code, or other adopted regional growth plan intended to foster efficient land use.

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

(B) Before finalizing the initial guidance, the office shall

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

supported projects in reducing vehicle miles traveled, the affordability of the housing units produced, and other relevant metrics that reflect program performance. Based on this assessment, the department, in consultation with the office and the Transportation Agency, may revise program guidelines to enhance outcomes.

the Department of Housing and Community Development.

2014, remains in effect, whichever is later.

prohibit new or deeper groundwater wells, or increased extraction from existing groundwater wells, that may be needed to serve these projects.

13288 of the Water Code.

either of the following:

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

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

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

(IV) Booster pumps and hydropneumatic tanks.

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

(VI) Water service lines.

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

(ii) A project to provide sewer service to a

disadvantaged community served by one or more inadequate sewage treatment systems.

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

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

(A) Improving the small disadvantaged community water system’s or state small water system’s water

quality, water supply, or water supply reliability.

(B) Encouraging water conservation.

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

or federally capitalized financial assistance.

as defined in the United States Fish and Wildlife Service Manual Part 660 FW 2 (June 21, 1993), or an environmentally sensitive habitat area within the coastal zone, as defined in Section 30107.5.

successive reasonably anticipated projects of the same type as the project, in the same place, over time, is not significant.

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

are not a public work, all of the following shall apply:

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

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

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

(III) Subclauses (I) and (II) do not apply if all contractors and

subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure.

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

construction work on the project. All of the following requirements shall apply to the project:

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

Code. Penalties shall be paid to the State Public Works Enforcement Fund.

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

effect only until January 1,

2032, and as of that date is repealed.

environment.

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

subdivision of 30 or more dwelling units.

California Historical Resources Information System and Sacred Lands Inventory, or by engaging in consultation with relevant California Native American tribes on identification of tribal cultural resources and appropriate mitigation measures while maintaining confidentiality of sensitive records.

quality.

and permanent housing services, intensive case management, medical and mental health care, substance abuse treatment, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing.

housing project.

to address potential environmental impacts. At minimum, the project shall be required to include monitors during construction activities and measures to avoid or address impacts to cultural and biological resources.

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

with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), as applicable, other applicable state laws, and all applicable federal laws.

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

and local laws and regulations, and shall not weaken or violate any applicable environmental or public health standards.

2030, and as of that date is repealed.

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

Division 2 of the Public Contract Code.

Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

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

of Title 2 of the Government Code.

Map Revision prepared by the Federal Emergency Management Agency and issued to the local government.

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

(G) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the project has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a public university is able to satisfy all applicable federal qualifying criteria in order to demonstrate that the site satisfies this

subparagraph and is otherwise eligible to be exempt from this division pursuant to this section, a local government shall not deny an application on the basis that the public university did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.

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

(I) Habitat for protected species identified as candidate, sensitive, or species of special status by a state or federal agency, fully protected species, or species

protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

(J) Lands under conservation easement.

campus site identified for housing in the most recent long-range development plan environmental impact report or the environmental impact report prepared for any subsequent amendment to the most recent long-range development plan relating to housing.

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

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

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

other necessary and usual attendant and related facilities and equipment.

entitled “Technical Advisory on Evaluating Transportation Impacts in CEQA,” or has 15 percent lower per capita vehicle miles traveled as compared to that for the jurisdiction in which the university housing development project is located.

the measures will reduce the emissions of greenhouse gases in the project area and in the neighboring communities.

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

design features necessary to qualify for LEED Platinum certification.

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

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

(IV) Providing solar-ready roofs.

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

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

(I) Providing funding to an offsite

mitigation project consisting of replacing buses, trolleys, or other transit vehicles with zero-emission vehicles.

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

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

(D) (i) The public university may obtain offset credits for up to 50 percent of the greenhouse gas emissions reductions necessary to achieve the requirement of this subdivision that produce emissions reductions within the jurisdiction that the university housing development project is located. Any offset credits shall be verified by a third party accredited by the State Air Resources Board, and shall be undertaken in a manner consistent with Division 25.5 (commencing with

Section 38500) of the Health and Safety Code, including, but not limited to, the requirement that the offset be real, permanent, quantifiable, verifiable, and enforceable, and shall be undertaken from sources in the same community in which the project is located or adjacent communities.

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

(I) Offset credits that would also reduce the emissions of criteria air pollutants or toxic air contaminants. The offsets shall be undertaken in a manner consistent with Division 25.5 (commencing with Section 38500) of the Health and Safety Code, including, but not limited to, the

requirement that the offsets be real, permanent, quantifiable, verifiable, and enforceable, and shall be undertaken from sources in the community within which the project is located or in adjacent communities.

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

(E) It is the intent of the Legislature, in enacting this paragraph, to maximize the environmental and public health

benefits from measures to mitigate the emissions of greenhouse gases of a university housing development project to those people that are impacted most by the project.

Part 1 of Division 2 of the Public Contract Code.

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

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

trained workforce.

and all phases of construction, including preconstruction and postconstruction phases.

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

previously requested notice and shall also give the general public notice using at least one of the following procedures:

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

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

(B) Notwithstanding subparagraph (A), a public university that has completed all actions the public university believes are necessary to obtain LEED Platinum certification for each building within the university housing development project within the 18-month timeframe described in subparagraph (A), but that has not obtained LEED Platinum certification for each building within that university housing development project within that 18-month timeframe due to circumstances outside of the control of

the public university, may, after making a public notice and a disclosure to the Office of Planning and Research of the reasons that LEED Platinum certification has not been obtained, obtain LEED Platinum certification as required by subparagraph (A) within an additional six months. A public university may obtain one additional six-month extension by making a public notice and a disclosure to the Office of Planning and Research of the reasons that LEED Platinum certification has not been obtained, as long as the circumstances outside of the control of the public university persist.

(C) For purposes of subparagraph (B), circumstances outside of the control of the public university include, but are not limited to, an unreasonable delay in obtaining LEED certification that is the fault of the certifying organization and any force majeure event that includes, but is not limited to, any strike, factory closure, explosion, maritime peril, natural

disaster, pandemic, act of a public enemy, fire, flood, accident, war, riot, insurgence, or other similar event.

university housing project pursuant to subdivision (b), if the campus where the subsequent project is located does not have more than two approved projects that were exempt from this division pursuant to subdivision (b) with one or more buildings that have not received LEED Platinum certification within the timeframe permitted by paragraph (1).

demolition of any of the following:

the public university files a notice of exemption or submits an application under this section, whichever occurs sooner.

resources.

until January 1, 2030, and as of that date is repealed.

Specific Plan Amendment.

Code, or the project site or the parcel size for a project that applied pursuant to paragraph (5) of subdivision (d) of Section 65589.5 of the Government Code as it read before January 1, 2025, is not more than four acres.

Section 65913.4 of the Government Code.

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

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

(ii) Contact information for the local government.

(iii) Contact information for the project proponent.

(iv) Notice that the California Native American tribe has 60

days to request consultation with the local government pursuant to this subdivision.

good faith to identify whether a tribal cultural resource could be affected by the proposed project and shall give deference to the tribal information, tribal knowledge and customs, and the significance of the resource to the California Native American tribe.

resource.

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

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

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

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

(ii) Tribal cultural resources shall be avoided where feasible, in accordance with subdivision (a) of Section 21084.3. In furtherance of this requirement, where feasible, the project applicant

shall provide deference to tribal preferences regarding access to spiritual, ceremonial, and burial sites, and incorporate tribal traditional knowledge in the protection and sustainable use of tribal cultural resources and landscapes.

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

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

(vi) The project shall comply with Section 7050.5 of the Health and Safety Code and Section 5097.98,

including immediate work stoppage upon discovery of human remains or burial grounds, and treatment in accordance with applicable law and in consultation with the affected California Native American tribe.

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

regarding the methods, measures, and conditions for tribal cultural resource identification, treatment, and protection, including consideration of avoidance. Compliance with the enforceable agreement shall be a required condition of approval for the project and its terms must be enforceable against the project proponent by the local government and the California Native American tribe.

(ii) Included in a

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

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

(iv) Included in a local tribal register.

(B) If a recognized environmental condition is found, the development proponent shall complete a preliminary endangerment assessment, as defined in Section 78095 of the Health and Safety Code, prepared by an environmental assessor to

determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.

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

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

the Government Code shall apply to buildings over 85 feet in height above grade in any housing development project exempt from this division pursuant to this section.

project of greater than 10 units where less than 95 percent of the units are dedicated to lower income households, as defined by Section 50079.5 of the Health and Safety Code.

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

(iii) To determine the number of market-rate multifamily housing projects that received their certificate of occupancy in a given year, the Department of Industrial Relations shall use the

annual progress report data as reported by the jurisdiction pursuant to Section 65400 of the Government Code.

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

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

(iii) In addition to the remedies set forth in Section 7028.3 of the Business and

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

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

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

for the portion relating to the action.

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

activity will occur in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152, as applicable.

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

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

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

project is located is identified on a United States Fish and Wildlife Service map as freshwater forested or shrub wetland.

environmental impacts associated with oil and gas production.

or rework an oil and gas well within a health protection zone in the County of Kern, to the extent that those activities might be allowed under Section 3281.

require further environmental review. Any other modification to or readoption of the zoning ordinance, however, shall not be covered by this section but rather by the other provisions of this division.

responsible agency shall fully satisfy the responsible agency’s obligations under this division and shall not be subject to challenge pursuant to Section 21166.

a residence, educational facility, youth center, health care facility, live-in housing, or any building housing a business that is open to the public, to the extent those projects may be authorized by law. The measurement shall be made from the property line unless the building is more than 50 feet set back from the property line, in which case the measurement shall be made from the outline of the building footprint to 3,200 feet in all directions.

in-state refinery feedstock demand, and that the production would likely help reduce costs for retail consumers of gasoline in the state.

Pursuant to the policy stated in Sections 21002 and 21002.1, no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur:

with qualified urban uses and the remaining 25 percent of the site adjoins parcels that previously have been developed for qualified urban uses.

2 of Division 1 of the Streets and Highways Code.

is not required to evaluate the aesthetic effects of a project pursuant to this section, and the lead agency determines to approve or carry out that project, the lead agency shall file a notice with the Office of Planning and Research and the county clerk of the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152.

In making the findings required by paragraph (3) of subdivision (a) of Section 21081, the public agency shall base its findings on substantial evidence in the record.

Transportation information resulting from the reporting or monitoring program required to be adopted by a public agency pursuant to Section 21081.6 shall be submitted to the transportation planning agency in the region where the project is located and to the Department of Transportation for a project of statewide, regional, or areawide significance according to criteria developed pursuant to Section 21083. The transportation planning agency and the Department of Transportation shall adopt guidelines for the submittal of those reporting or monitoring programs.

All public agencies shall adopt by ordinance, resolution, rule, or regulation, objectives, criteria, and procedures for the evaluation of projects and the preparation of environmental impact reports and negative declarations pursuant to this division. A school district, or any other district, whose boundaries are coterminous with a city, county, or city and county, may utilize the objectives, criteria, and procedures of the city, county, or city and county, as may be applicable, in which case, the school district or other district need not adopt objectives, criteria, and procedures of its own. The objectives, criteria, and procedures shall be consistent with the provisions of this division and with the guidelines adopted by the Secretary of the Resources Agency pursuant to Section 21083. Such objectives, criteria, and procedures shall be adopted by each public agency no later than 60 days after the Secretary of the Resources Agency has adopted guidelines pursuant to Section 21083.

tribe that provided the information. If the lead agency publishes any information submitted by a California Native American tribe during the consultation or environmental review process, that information

shall be published in a confidential appendix to the environmental document unless the tribe that provided the information consents, in writing, to the disclosure of some or all of the information to the public. This subdivision does not prohibit the confidential exchange of the submitted information between public agencies that have lawful jurisdiction over the preparation of the environmental document.

Native American tribe providing the information consents, in writing, to public disclosure, the project applicant or the project applicant’s legal advisers, using a reasonable degree of care, shall maintain the confidentiality of the information exchanged for the purposes of preventing looting, vandalism, or damage to tribal cultural resources and shall not disclose to a third party confidential information regarding tribal cultural resources.

that is not the lead agency, a California Native American tribe, or another public agency.

adopt a mitigated negative declaration for a project with a significant impact on an identified tribal cultural resource only if one of the following occurs:

consultation within 30 days.

description of the information, as provided in paragraph (4) of subdivision (c) in the environmental document for public review during the public comment period provided pursuant to this division.

In describing and evaluating a project in an environmental review document prepared pursuant to this division, the lead agency may consider specific economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of a proposed project and the negative impacts of denying the project. Any benefits or negative impacts considered pursuant to this section shall be based on

substantial evidence in light of the whole record.

Government Code.

Community Development to be in compliance with state law.

(ii) If a local jurisdiction has submitted land use designation information to the Office of Land Use and Climate Innovation in accordance with paragraph (3), the determination of the Office of Land Use and Climate Innovation on whether a site within that jurisdiction has a land use designation that is consistent with infill development is based on the information provided by the local jurisdiction.

(ii) Reduce conversion of agricultural land,

sensitive habitat, and open space for new development.

(iii) Facilitate healthy and environmentally friendly active transportation.

(iv) Reduce stormwater runoff resulting in flooding and pollution of waterways.

located.

(ii) Within 45 days after receiving the draft map under subparagraph (A), the city, county, or city and county may submit comments and proposed corrections to the Office of Land Use and Climate Innovation. The Office of Land Use and Climate Innovation shall consider any comments and proposed corrections submitted by the city, county, or city and county, and revise the draft map as appropriate. The city, county, or city and county may include a map of current land use designations within its boundaries and the zoning districts and regulations associated with each designation.

(iii) After making any revisions pursuant to clause (ii), the Office of Land Use and Climate Innovation shall, before adoption, publish the draft map on its internet website for at least 45 days, conduct at least one public meeting to present the draft

map, and receive public comments.

(iv) The Office of Land Use and Climate Innovation shall consider any comments received at the public meeting held, or in writing during the 45-day public comment period, pursuant to clause (iii) when preparing the final map. The Office of Land Use and Climate Innovation shall publish the final map on its internet website and shall transmit a copy to the board of supervisors of each county and to the city council of each city in which any portion of the mapped area is located.

(ii) At least 45 days before

amending the map, the Office of Land Use and Climate Innovation shall transmit a copy of the draft amendment to the board of supervisors of each county and to the city council of each city affected by the proposed amendment. The local jurisdiction may submit comments and proposed corrections to the Office of Land Use and Climate Innovation that the Office of Land Use and Climate Innovation shall consider, along with any other land use designation information provided by the local jurisdiction, as the Office of Land Use and Climate Innovation revises the draft amendment as appropriate.

purposes of this section, the following definitions apply:

The Office of Planning and Research and the Natural Resources Agency shall periodically update the guidelines for the mitigation of greenhouse gas emissions or the effects of greenhouse gas emissions as required by this division, including, but not limited to, effects associated with transportation or energy consumption, to incorporate new information or criteria established by the State Air Resources Board pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code.

On or before July 1, 2016, the Office of Planning and Research shall prepare and develop, and the Secretary of the Natural Resources Agency shall certify and adopt, revisions to the guidelines that update Appendix G of Chapter 3 (commencing with Section 15000) of Division 6 of Title 4 of the California Code of Regulations to do both of the following:

It is the intent of the Legislature that courts, consistent with generally accepted rules of statutory interpretation, shall not interpret this division or the state guidelines adopted pursuant to Section 21083 in a manner which imposes procedural or substantive requirements beyond those explicitly stated in this division or in the state guidelines.

In the event that a project requires both an environmental impact report prepared pursuant to the requirements of this division and an environmental impact statement prepared pursuant to the requirements of the National Environmental Policy Act of 1969, an applicant may request and the lead agency may waive the time limits established pursuant to Section 21100.2 or 21151.5 if it finds that additional time is required to prepare a combined environmental impact report-environmental impact statement and that the time required to prepare such a combined document would be shorter than that required to prepare each document separately.

subdivision (a) to all of the following:

has filed a written request for the notice.

subdivision (a) if the lead agency meets the notice requirements of subdivision (b) or subdivision (c).

14 of the California Code of Regulations.

A project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment. For purposes of this section, an historical resource is a resource listed in, or determined to be eligible for listing in, the California Register of Historical Resources. Historical resources included in a local register of historical resources, as defined in subdivision (k) of Section 5020.1, or deemed significant pursuant to criteria set forth in subdivision (g) of Section 5024.1, are presumed to be historically or culturally significant for purposes of this section, unless the preponderance of the evidence demonstrates that the resource is not historically or culturally significant. The fact that a resource is not listed in, or determined to be eligible for listing in, the California Register of Historical Resources, not included in a local register of historical resources, or not deemed significant pursuant to criteria set forth in subdivision (g) of Section 5024.1 shall not preclude a lead agency from determining whether the resource may be an historical resource for purposes of this section.

A project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment.

planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria.

For purposes of this division, for residential projects, the effects of noise generated by project occupants and their guests on human beings is not a significant effect on the environment.

residential uses.

mixed-use housing project has already been evaluated in the environmental impact report for the most recent long-range development plan for the applicable campus.

certify an environmental impact report consistent with this division or equivalent documentation.

(A) A brief description of the proposed pipeline that includes the proposed map required by subdivision (a) of Section 51015.06 of the Government Code.

(B) The proposed location of the proposed pipeline depicted on a United States Geological Survey topographical map identified

by quadrangle name.

(C) An address where copies of the draft document are available.

(D) The review period during which comments will be received on the draft document.

to this subdivision.

The Secretary of the Resources Agency shall provide for the timely distribution to all public agencies of the guidelines and any amendments or changes thereto. In addition, the Secretary of the Resources Agency may provide for publication of a bulletin to provide public notice of the guidelines, or any amendments or changes thereto, and of the completion of environmental impact reports prepared in compliance with this division.

21081, or a project approved under a certified regulatory program authorized pursuant to Section 21080.5 is not operative, vested, or final until the filing fees required pursuant to Section 711.4 of the Fish and Game Code are paid.

impact report, a document prepared as a substitute for an environmental impact report, negative declaration, or mitigated negative declaration under a program certified pursuant to Section 21080.5, and a document prepared under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) and used by a state or local agency in the place of the initial study, negative declaration, mitigated negative declaration, or an environmental impact report.

For all purposes of this division, a geothermal exploratory project shall be deemed to be separate and distinct from any subsequent geothermal field development project as defined in Section 65928.5 of the Government Code.

a proposed negative declaration or proposed mitigated negative declaration shall not be less than 20 days. If the proposed negative declaration or proposed mitigated negative declaration is for a proposed project where a state agency is the lead agency, a responsible agency, or a trustee agency; a state agency otherwise has jurisdiction by law with respect to the project; or the proposed project is of sufficient statewide, regional, or areawide significance as determined pursuant to the guidelines certified and adopted pursuant to Section 21083, the review period shall be at least 30 days, and the lead agency shall provide the document, in an electronic form as required by the Office of Planning and Research, to the State Clearinghouse for review and comment by state agencies.

negative declaration is submitted to the State Clearinghouse for review and the period of review by the State Clearinghouse is longer than the public review period established pursuant to subdivision (a) or (b), whichever is applicable, the public review period shall be at least as long as the period of review and comment by state agencies as established by the State Clearinghouse.

information that will be required in order to determine the completeness of the submittal of a CEQA document.

describe the disposition of each significant environmental issue that is raised by commenters. The responses shall be prepared consistent with Section 15088 of Title 14 of the California Code of Regulations.

(d).

Notwithstanding subdivision (a) of Section 21091, or any other provision of this division, the public review period for a draft environmental impact report prepared for a proposed project involving the expansion or enlargement of a publicly owned airport requiring the acquisition of any tide and submerged lands or other lands subject to the public trust for commerce, navigation, or fisheries, or any interest therein, shall be not less than 120 days.

on the environment, if any, anticipated as a result of the project, the address where copies of the draft environmental impact report or negative declaration, and all documents referenced in the draft environmental impact report or negative declaration, are available for review, and a description of how the draft environmental impact report or negative declaration can be provided in an electronic format.

of the lead agency and by at least one of the following procedures:

including, but not limited to, tires, meeting the qualifications of subdivision (d), notice shall be given to all organizations and individuals who have previously requested notice and shall also be given by at least the procedures specified in subparagraphs (A), (B), and (C) of paragraph (3) of subdivision (b). In addition, notification shall be given by direct mailing to the owners and occupants of property within one-fourth of a mile of any parcel or parcels on which is located a project subject to this subdivision.

expansion of an existing facility shall be calculated by comparing the proposed facility capacity with whichever of the following is applicable:

When significant new information is added to an environmental impact report after notice has been given pursuant to Section 21092 and consultation has occurred pursuant to Sections 21104 and 21153, but prior to certification, the public agency shall give notice again pursuant to Section 21092, and consult again pursuant to Sections 21104 and 21153 before certifying the environmental impact report.

The notices required pursuant to Sections 21080.4 and 21092 for an environmental impact report shall be posted in the office and on the internet website of the county clerk of each county in which the project will be located and shall remain posted for a period of 30 days. The notice required pursuant to Section 21092 for a negative declaration shall be so posted for a period of 20 days, unless otherwise required by law to be posted for 30 days. The county clerk shall post the notices within 24 hours of receipt.

of detail in the prior environmental impact report to enable those effects to be mitigated or avoided by site-specific revisions, the imposition of conditions, or by other means in connection with the approval of the later project.

section, an initial study shall be prepared to assist the lead agency in making the determinations required by this section. The initial study shall analyze whether the later project may cause significant effects on the environment that were not examined in the prior environmental impact report.

2016.

specific effect of the project or a significant effect that was not considered significant in a prior environmental impact report, or an effect that is more significant than was described in the prior environmental impact report if uniformly applicable development policies or standards adopted by the city, county, or the lead agency, would apply to the project and the lead agency makes a finding, based upon substantial evidence, that the development policies or standards will substantially mitigate that effect.

adopted, an environmental impact report prepared for the project analyzing those effects shall be limited as follows:

subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, has accepted a metropolitan planning organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets.

21094.5.5.

(ii) Retail or commercial, where no more than one-half of the project area is used for parking.

(iii) A transit station.

(iv) A school.

(B) Is located within an urban area on a site that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses.

documents.

completely surrounded by one or more incorporated cities that meets both of the following criteria:

This division does not apply to the San Quentin Rehabilitation Center, San Quentin: Demolition of Building 38 and Construction of New Educational and Vocational Center project and the San Quentin Rehabilitation Center, San Quentin: Improvement Projects located on the grounds of the San Quentin Rehabilitation Center.

published by the United States National Imagery and Mapping Agency.

3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code.

Code.