An act to amend Sections 21180 and 21183 of the Public Resources Code, relating to environmental quality.
Summary
AB 295 would expand California’s Jobs and Economic Improvement Through Environmental Leadership Act of 2021, a CEQA streamlining program that allows the Governor to certify certain “environmental leadership development projects” for expedited environmental review. The bill adds three new categories of eligible projects: water storage projects, water conveyance projects, and groundwater recharge projects, so long as they provide public benefits and drought preparedness. Existing project types under the act—such as certain infill development, clean energy, clean energy manufacturing, and qualifying housing projects—would remain in place.
The bill also makes conforming changes to the certification criteria in Public Resources Code Section 21183 so that the new water-related projects are not subject to the act’s $100 million minimum investment threshold. Like other certified projects, these projects would still need to satisfy the act’s environmental and procedural requirements, including enforceable mitigation measures, compliance with applicable air pollution and climate-related provisions, and payment of litigation and record-preparation costs by the applicant. AB 295 further states that no state reimbursement is required for the local administrative costs it could impose.
Impact
AB 295 would amend the Public Resources Code provisions governing CEQA’s environmental leadership streamlining pathway by expressly including water storage, water conveyance, and groundwater recharge projects that provide public benefits and drought preparedness. In practical terms, this would make such projects eligible for Governor certification and the associated streamlined review benefits, potentially reducing CEQA-related delay for qualifying water infrastructure and recharge projects. The bill would also create a state-mandated local program by requiring lead agencies to prepare records of proceedings for these projects, while declaring that no reimbursement is required.
Sentiment
The bill text and available context suggest a generally pro-development and pro-water-supply sentiment, with the measure framed as a way to accelerate projects that support drought preparedness and public benefits. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of organized support or opposition in the available materials. The bill’s introduction and referral to the Assembly Natural Resources Committee indicate it was still in the early stages of consideration.
Contention
The main policy tension is between faster approval of water infrastructure and the usual CEQA review process. Supporters are likely to view the bill as a drought-resilience and water-supply measure that helps move needed projects forward more quickly, while critics may be concerned that expanding CEQA streamlining could reduce environmental scrutiny or limit public challenge opportunities. Another potential point of contention is the bill’s effect on local agencies, since it would require them to prepare records of proceedings without state reimbursement, even though the bill declares no reimbursement is owed.
An act to amend Sections 21084, 21180, and 21183.6 of, and to add Section Sections 21061.6 and 21080.06 to, the Public Resources Code, relating to environmental quality.
An act to amend, repeal, and add Sections 40100, 40100.5, and 40701.5 of, and to add Sections 40100.8 and 40100.8.5 to, and to add and repeal Section 40100.8.2 of, the Health and Safety Code, relating to the Imperial County Air Pollution Control District.
In renaming Department of Environmental Resources and defining rulemaking authority of Department of Environmental Protection, repealing provisions relating to Department of Environmental Protection and providing for Department of Environmental Services; and making editorial changes.
In renaming Department of Environmental Resources and defining rulemaking authority of Department of Environmental Protection, repealing provisions relating to Department of Environmental Protection and providing for Department of Environmental Services; and making editorial changes.