Bill Text: CA SB607 | 2025-2026 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Golden Gate Bridge, Highway and Transportation District: contributions and loans.

Sponsorship: Partisan Bill (Democrat 5)

Status: (Engrossed) 2026-07-02 - Read second time and amended. Ordered to second reading. [SB607 Detail]

Download: California-2025-SB607-Amended.html

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Amended  IN  Senate  March 24, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 607

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Introduced by Senator Wiener
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Assembly Member Ahrens)

February 20, 2025

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An act to amend Sections 21080.1 and 21167.6 21064, 21064.5, 21080, 21080.1, 21083, 21167.6, and 21168.9 of, and to add Sections 21060.4, 21064.1, 21064.8, 21080.08, 21083.03, and 21165.5 and 21083.03 to, the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

SB 607, as amended, Wiener. California Environmental Quality Act: categorical exemptions: infill projects.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law defines “negative declaration” and “mitigated negative declaration” for these purposes.

This bill would revise the definition of negative declaration to mean a written statement briefly describing the substantial evidence in the record that the proposed project will not have a significant effect on the environment, as specified. The bill would also revise the definition of mitigated negative declaration to mean that revisions would avoid or mitigate the effects on the environment, as determined by the public agency based upon substantial evidence in the record, as specified, and that there is substantial evidence that the project as revised will not have a significant effect on the environment, as provided.

CEQA requires the Office of Land Use and Climate Innovation to prepare and develop proposed guidelines for the implementation of CEQA by public agencies and requires the Secretary of the Natural Resources Agency to certify and adopt those proposed guidelines. CEQA requires those adopted guidelines to include a list of classes of projects that have been determined not to have a significant effect on the environment and exempts those classes of projects from CEQA, commonly known as categorical exemptions. CEQA requires the guidelines to include criteria for public agencies to follow in determining whether or not a proposed project may have a significant effect on the environment, and requires the criteria to require a finding that a project may have a significant effect on the environment if one or more of specified conditions exist.

This bill would require a lead agency to limit the scope of an environmental impact report to the condition of a categorical exemption that the lead agency determines, after a preliminary review of the project, disqualifies the project from eligibility under the categorical exemption, if the lead agency determines that the project meets all other conditions of the categorical exemption except for the one condition that disqualifies it, as specified. The bill would require that a lead agency’s determination to adopt a negative declaration or mitigated negative declaration be upheld if there is a fair argument that substantial evidence supports the determination. would instead require those criteria to require that finding if the lead agency determines, based upon substantial evidence in the record, that one or more of those specified conditions exist. The bill would, for the approval of a proposed project that would otherwise be exempt from CEQA pursuant to a statutory or categorical exemption but for a single condition, as defined, limit the application of CEQA to the effects upon the environment that are caused solely by that single condition. For these projects, the bill would only require the initial study or EIR to examine those effects that the lead agency determines, based upon substantial evidence in the record, are caused solely by the single condition that makes the proposed project ineligible for the exemption, as provided. The bill would provide that these provisions do not apply to a project to construct or that is related to that includes a distribution center center, as defined, or oil and gas infrastructure. infrastructure, as defined. The bill would exempt from the requirements of CEQA, except as provided, a rezoning that is consistent with an approved housing element. Because the bill would require a lead agency to determine the applicability of this exemption, the bill would impose a state-mandated local program.

This bill would require the office, on or before July 1, 2026, to map the eligible urban infill sites within every incorporated city urbanized area or urban cluster in the state, as provided. The bill would require the office, on or before July 1, 2026, to prepare, develop, and transmit to the agency for certification and adoption refinements an amendment to the infill development project categorical exemption, exemption that establishes an alternative means of compliance with the requirements of that categorical exemption, as provided. The bill would provide that specified regulations related to the significant effect exception to the use of a categorical exemption do not apply to an infill project that meets all conditions of the infill development project categorical exemption. The bill would require, if an infill project is not eligible for the infill development project categorical exemption, only the reasons for the ineligibility be subject to CEQA review. bill, for a proposed project that meets specified elements of the infill development project categorical exemption that is otherwise ineligible for the categorical exemption due to one or more conditions, as defined, would limit the application of CEQA to the effects upon the environment that are caused solely by those conditions that make the project ineligible for the categorical exemption. The bill would provide that these provisions do not apply to a project to construct or that is related to that includes a distribution center or oil and gas infrastructure.

CEQA requires an action or proceeding to attack, review, set aside, void, or annul certain acts or decisions of a public agency to be commenced according to specified processes, including that at the time that the action or proceeding is filed, the plaintiff or petitioner shall file a request that the respondent public agency prepare the record of proceedings relating to the subject of the action or proceeding, and requires the record of proceedings to include specified items and materials, including, among other things, all internal agency communications, including staff notes and memoranda related to the project or to compliance with CEQA, but excluding communications that are of a logistical nature, as specified.

This bill would also exclude communications of persons tangential to or far removed from project decisionmaking from the materials to be included in the record of proceedings, except as provided. would, except for a project that includes a distribution center or oil and gas infrastructure, exclude staff notes and electronic internal agency communications, including emails, that were not presented to the final decisionmaking body, from the record of proceedings, as provided.

This bill would require, except as provided, if an action or proceeding alleging that a lead agency improperly applied to a project a statutory or categorical exemption is successful, the subsequent environmental review for the project be limited to the facts the action or proceeding relied upon that disqualified the project from the statutory or categorical exemption.

CEQA requires a court to enter an order that includes a mandate necessary to achieve compliance with CEQA, as specified, when a court finds, as a result of a trial, hearing, or remand from an appellate court, that any determination, finding, or decision of a public agency has been made without compliance with CEQA.

This bill would require that order to be subject to specified limitations for a determination of a public agency that a project is eligible for a statutory exemption or categorical exemption that is found to violate CEQA.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 21060.4 is added to the Public Resources Code, to read:

21060.4.

 “Distribution center” means a warehouse distribution center, as defined in Section 2100 of the Labor Code, that is 50,000 square feet or larger.

SEC. 2.

 Section 21064 of the Public Resources Code is amended to read:

21064.

 “Negative declaration” means a written statement briefly describing the reasons that a substantial evidence in the record that the proposed project will not have a significant effect on the environment and does not require the preparation of an environmental impact report.

SEC. 3.

 Section 21064.1 is added to the Public Resources Code, to read:

21064.1.

 “May have a significant effect on the environment” means that there is no substantial evidence in the record that the proposed project will not have a significant effect on the environment.

SEC. 4.

 Section 21064.5 of the Public Resources Code is amended to read:

21064.5.

 “Mitigated negative declaration” means a negative declaration prepared for a project when the initial study has identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, as determined by the public agency based upon substantial evidence in the record, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may will not have a significant effect on the environment.

SEC. 5.

 Section 21064.8 is added to the Public Resources Code, to read:

21064.8.

 “Oil and gas infrastructure” means a facility used for the production, processing, transmission, storage, or distribution of petroleum or natural gas.

SEC. 6.

 Section 21080 of the Public Resources Code is amended to read:

21080.

 (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.

(b) This division does not apply to any of the following activities:

(1) Ministerial projects proposed to be carried out or approved by public agencies.

(2) Emergency repairs to public service facilities necessary to maintain service.

(3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.

(4) Specific actions necessary to prevent or mitigate an emergency.

(5) Projects that a public agency rejects or disapproves.

(6) Actions undertaken by a public agency relating to any thermal 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.

(7) Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games.

(8) The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to 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.

(9) All classes of projects designated pursuant to Section 21084.

(10) A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, “highway” has the same meaning as defined in Section 360 of the Vehicle Code.

(11) A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.

(12) Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.

(13) A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.

(14) A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 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.

(15) Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.

(16) Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.

(c) If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:

(1) There is no substantial evidence, in light of the whole record before the lead agency, that the project may will not have a significant effect on the environment.

(2) An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; occur, as determined by the public agency based upon substantial evidence on the record; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may will not have a significant effect on the environment.

(d) If there is no substantial evidence, in light of the whole record before the lead agency, that the project may will not have a significant effect on the environment, an environmental impact report shall be prepared.

(e) (1) For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.

(2) Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.

(f) As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise 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.

(g) This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agency’s approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, 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.

SECTION 1.SEC. 7.

 Section 21080.08 is added to the Public Resources Code, to read:

21080.08.

 (a) This division does not apply to a rezoning that is consistent with an approved housing element.

(b) Subdivision (a) does not apply to a rezoning that would allow for the construction of a distribution center or for oil and gas infrastructure.

SEC. 2.SEC. 8.

 Section 21080.1 of the Public Resources Code is amended to read:

21080.1.

 (a) (1)The lead agency shall be responsible for determining whether an environmental impact report, a negative declaration, or a mitigated negative declaration shall be required for any project that is subject to this division. That determination shall be final and conclusive on all persons, including responsible agencies, unless challenged as provided in Section 21167.

(2)(A)The lead agency shall limit the scope of an environmental impact report to the condition of a categorical exemption that the lead agency determines, after a preliminary review of the project, disqualifies the project from eligibility under the categorical exemption, if the lead agency determines that the project meets all other conditions of the categorical exemption except for the one condition that disqualifies it.

(B)This paragraph does not apply to a project that is disqualified from a categorical exemption for failing to meet two or more conditions of the categorical exemption.

(C)This paragraph does not apply to a project to construct or that is related to a distribution center or oil and gas infrastructure.

(3)(A)The lead agency’s determination to adopt a negative declaration or mitigated negative declaration shall be upheld if there is a fair argument that substantial evidence supports the determination.

(B)This paragraph does not apply to a project to construct or that is related to a distribution center or oil and gas infrastructure.

(b) (1) If a proposed project would otherwise be exempt from this division pursuant to a statutory exemption or a categorical exemption but for a single condition, the application of this division to the approval of the proposed project shall be limited to effects upon the environment that are caused solely by that single condition.

(2) An initial study or environmental impact report prepared for a project subject to this subdivision is only required to examine those effects that the lead agency determines, based upon substantial evidence in the record, are caused solely by the single condition that makes the proposed project ineligible for the statutory exemption or categorical exemption.

(3) An environmental impact report for a project subject to this subdivision is not required to include any discussion of alternatives to the project, cumulative impacts of the project, or the growth-inducing impacts of the project.

(4) This subdivision does not apply to either of the following projects:

(A) A proposed project that is ineligible for the statutory exemption or categorical exemption due to two or more conditions.

(B) A proposed project that includes a distribution center or oil and gas infrastructure.

(5) As used in this subdivision, “condition” means a physical feature of the project or an effect upon the environment caused by the project.

(c) (1) Notwithstanding any other provision of this division, an environmental impact report shall be prepared for a proposed project that includes a distribution center or oil and gas infrastructure if there is substantial evidence, in light of the whole record before the lead agency, that the project could have a significant effect on the environment.

(2) It is the intent of the Legislature that the review of proposed projects that include a distribution center or oil and gas infrastructure shall continue to be subject to the fair argument standard as it applied to those projects before January 1, 2026.

(b)

(d) In the case of a project described in subdivision (c) of Section 21065, the lead agency shall, upon the request of a potential applicant, provide for consultation prior to the filing of the application regarding the range of actions, potential alternatives, mitigation measures, and any potential and significant effects on the environment of the project.

SEC. 9.

 Section 21083 of the Public Resources Code is amended to read:

21083.

 (a) The Office of Planning and Research Land Use and Climate Innovation shall prepare and develop proposed guidelines for the implementation of this division by public agencies. The guidelines shall include objectives and criteria for the orderly evaluation of projects and the preparation of environmental impact reports and negative declarations in a manner consistent with this division.

(b) The guidelines shall specifically include criteria for public agencies to follow in determining whether or not a proposed project may have a “significant effect on the environment.” The criteria shall require a finding that a project may have a “significant effect on the environment” if the lead agency determines, based upon substantial evidence in the record, that one or more of the following conditions exist: exists:

(1) A proposed project has the potential to degrade the quality of the environment, curtail the range of the environment, or to achieve short-term, to the disadvantage of long-term, environmental goals.

(2) The possible effects of a project are individually limited but cumulatively considerable. As used in this paragraph, “cumulatively considerable” means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.

(3) The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly.

(c) The guidelines shall include procedures for determining the lead agency pursuant to Section 21165.

(d) The guidelines shall include criteria for public agencies to use in determining when a proposed project is of sufficient statewide, regional, or areawide environmental significance that a draft environmental impact report, a proposed negative declaration, or a proposed mitigated negative declaration shall be submitted to appropriate state agencies, through the State Clearinghouse, for review and comment prior to completion of the environmental impact report, negative declaration, or mitigated negative declaration.

(e) The Office of Planning and Research Land Use and Climate Innovation shall develop and prepare the proposed guidelines as soon as possible and shall transmit them immediately to the Secretary of the Natural Resources Agency. The Secretary of the Natural Resources Agency shall certify and adopt the guidelines pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, which shall become effective upon the filing thereof. However, the guidelines shall not be adopted without compliance with Sections 11346.4, 11346.5, and 11346.8 of the Government Code.

(f) The Office of Planning and Research Land Use and Climate Innovation shall, at least once every two years, review the guidelines adopted pursuant to this section and shall recommend proposed changes or amendments to the Secretary of the Natural Resources Agency. The Secretary of the Natural Resources Agency shall certify and adopt guidelines, and any amendments thereto, at least once every two years, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, which shall become effective upon the filing thereof. However, guidelines may not be adopted or amended without compliance with Sections 11346.4, 11346.5, and 11346.8 of the Government Code.

SEC. 3.SEC. 10.

 Section 21083.03 is added to the Public Resources Code, to read:

21083.03.

 (a) On or before July 1, 2026, the Office of Land Use and Climate Innovation shall prepare, develop, and transmit to the Natural Resources Agency for certification and adoption refinements to the infill development project categorical exemption pursuant to an amendment to the Class 32 categorical exemption set forth in Section 15332 of Title 14 of the California Code of Regulations that establish all of the following: establishes an alternative means of compliance with the requirements of that categorical exemption as follows:

(1)For purposes of compliance with subdivision (a) of Section 15332 of Title 14 of the California Code of Regulations, a project is also eligible if it is consistent with the zoning designated by the local jurisdiction’s most recently adopted housing element, provided that the housing element has been certified by the Department of Housing and Community Development to be in compliance with state law.

(2)Notwithstanding that a project may or may not be substantially surrounded by urban uses pursuant to subdivision (b) of Section 15332 of Title 14 of the California Code of Regulations, that a project is in compliance with subdivision (b) of Section 15332 of Title 14 of the California Code of Regulations if it is located within an area that the Office of Land Use and Climate Innovation has determined to be an eligible urban infill site pursuant to subdivision (b).

(3)Objective and measurable thresholds for an effect upon the environment to be considered significant for purposes of subdivision (d) of Section 15332 of Title 14 of the California Code of Regulations.

(1) A housing development project, as defined in Section 65589.5 of the Government Code, that is not consistent with the applicable general plan designation, applicable general plan policies, or applicable zoning designation and regulations shall be in compliance with subdivision (a) of Section 15332 of Title 14 of the California Code of Regulations if the project is proposed on a site identified as suitable or available for very low, low-, or moderate-income households in the local jurisdiction’s most recent adopted housing element that has been certified by the Department of Housing and Community Development to be in compliance with state law.

(2) A project that does not occur within city limits on a project site of no more than five acres substantially surrounded by urban uses shall be in compliance with subdivision (b) of Section 15332 of Title 14 of the California Code of Regulations if the project occurs in either of the following locations:

(A) Within an urbanized area or urban cluster on a project site of no more than five acres substantially surrounded by urban uses.

(B) Within an area that the Office of Land Use and Climate Innovation has determined to be an eligible urban infill site pursuant to subdivision (c).

(3) (A) The amendment shall establish objective and measurable safe harbor thresholds that a lead agency may elect to use when making the determinations required under subdivisions (c), (d), and (e) of Section 15332 of Title 14 of the California Code of Regulations.

(B) A lead agency shall not be in violation of this division if the determinations required under subdivisions (c), (d), and (e) of Section 15332 of Title 14 of the California Code of Regulations were made in substantial compliance with thresholds adopted pursuant to this subdivision.

(C) The safe harbor thresholds adopted pursuant to this paragraph shall not be applicable to the review and consideration of a proposed project, and shall not be considered in an action or proceeding to attack, review, set aside, void, or annul a determination or decision related to a proposed project on the grounds of noncompliance with this division, unless the lead agency has expressly elected to use the safe harbor threshold for that project.

(4) The alternative means of compliance set forth in this subdivision shall not apply to a proposed project that includes a distribution center or oil and gas infrastructure.

(b) An amendment to Section 15332 of Title 14 of the California Code of Regulations adopted pursuant to this section shall not revise the requirements for exemption set forth in that section, except as provided in subdivision (a). A project that would be eligible for the Class 32 categorical exemption set forth in Section 15332 of Title 14 of the California Code of Regulations as it read on December 31, 2024, shall not be ineligible as the result of any amendment adopted pursuant to this section.

(b)

(c) On or before July 1, 2026, the Office of Land Use and Climate Innovation shall map the eligible urban infill sites within every incorporated city urbanized area or urban cluster in the state where, notwithstanding that an area may or may not be substantially surrounded by urban uses, the local jurisdiction’s most recent general plan or most recently adopted housing element that has been certified by the Department of Housing and Community Development to be in compliance with state law has a zoning designation that is consistent with infill development.

(c)

(d) Subdivision (c) of Section 15300.2 of Title 14 of the California Code of Regulations does not apply to Section 15332 of Title 14 of the California Code of Regulations.

(d)If an infill

(e) (1) If a proposed project that is not eligible for the categorical exemption pursuant to in compliance with subdivisions (a) and (b) of Section 15332 of Title 14 of the California Code of Regulations, only the reasons for the ineligibility shall be subject to CEQA review. Regulations is otherwise ineligible for that categorical exemption due to one or more conditions, the application of this division to the approval of the proposed project shall be limited to the effects upon the environment that are caused solely by those conditions that make the project ineligible for the categorical exemption.

(2) For purposes of this subdivision, “condition” has the same meaning as in subdivision (b) of Section 21080.1.

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

(1) “Urbanized area” means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.

(2) “Urban cluster” means an urban cluster designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.

(e)

(g) This section and refinements developed by the Office of Land Use and Climate Innovation does not apply to a project to construct or that is related to that includes a distribution center or oil and gas infrastructure.

SEC. 4.Section 21165.5 is added to the Public Resources Code, to read:

21165.5.

(a)If an action or proceeding alleging that a lead agency improperly applied to a project a statutory exemption pursuant to this division, or a categorical exemption, is successful, the subsequent environmental review for the project shall be limited to the facts the action or proceeding relied upon that disqualified the project from the statutory or categorical exemption.

(b)This section does not apply to a project to construct or that is related to a distribution center or oil and gas infrastructure.

SEC. 5.SEC. 11.

 Section 21167.6 of the Public Resources Code is amended to read:

21167.6.

 Notwithstanding any other law, in all actions or proceedings brought pursuant to Section 21167, except as provided in Section 21167.6.2 or those involving the Public Utilities Commission, all of the following shall apply:

(a) At the time that the action or proceeding is filed, the plaintiff or petitioner shall file a request that the respondent public agency prepare the record of proceedings relating to the subject of the action or proceeding. The request, together with the complaint or petition, shall be served personally upon the public agency not later than 10 business days from the date that the action or proceeding was filed.

(b) (1) (A) The public agency shall prepare and certify the record of proceedings not later than 60 days from the date that the request specified in subdivision (a) was served upon the public agency. Upon certification, the public agency shall lodge an electronic copy of the record of proceedings with the court and shall serve on the parties notice that the record of proceedings has been certified and lodged with the court. The parties shall pay any reasonable costs or fees imposed for the preparation of the record of proceedings in conformance with any law or rule of court.

(B) The court shall schedule a case management conference within 30 days of the filing of the complaint or petition pursuant to this division to review the scope, timing, and cost of the record of proceedings. The parties may stipulate to a partial record of proceedings that does not contain all the documents listed in subdivision (e) if approved by the court.

(2) The plaintiff or petitioner may elect to prepare the record of proceedings by providing a notice of the election to the public agency, or the parties may agree to an alternative method of preparation of the record of proceedings, subject to certification of its accuracy by the public agency, within the 60-day time limit specified in this subdivision.

(3) Notwithstanding paragraph (2), the public agency, within five business days of the receipt of the notice specified in paragraph (2), may deny the request of the plaintiff or petitioner to prepare the record of proceedings, in which case the public agency or the real party in interest shall bear the costs of preparation and certification of the record of proceedings, and those costs shall not be recoverable from the plaintiff or petitioner.

(c) The time limit established by subdivision (b) may be extended only upon the stipulation of all parties who have been properly served in the action or proceeding or upon order of the court. Extensions shall be liberally granted by the court when the size of the record of proceedings renders infeasible compliance with that time limit. There is no limit on the number of extensions that may be granted by the court, but no single extension shall exceed 60 days unless the court determines that a longer extension is in the public interest.

(d) If the public agency fails to prepare and certify the record of proceedings within the time limit established in paragraph (1) of subdivision (b), or any continuances of that time limit, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions.

(e) The record of proceedings shall include, but is not limited to, all of the following items:

(1) All project application materials.

(2) All staff reports and related documents prepared by the respondent public agency with respect to its compliance with the substantive and procedural requirements of this division and with respect to the action on the project.

(3) All staff reports and related documents prepared by the respondent public agency and written testimony or documents submitted by any person relevant to any findings or statement of overriding considerations adopted by the respondent agency pursuant to this division.

(4) Any transcript or minutes of the proceedings at which the decisionmaking body of the respondent public agency heard testimony on, or considered any environmental document on, the project, and any transcript or minutes of proceedings before any advisory body to the respondent public agency that were presented to the decisionmaking body before action on the environmental documents or on the project.

(5) All notices issued by the respondent public agency to comply with this division or with any other law governing the processing and approval of the project.

(6) All written comments received in response to, or in connection with, environmental documents prepared for the project, including responses to the notice of preparation.

(7) All written evidence or correspondence submitted to, or transferred from, the respondent public agency with respect to compliance with this division or with respect to the project.

(8) Any proposed decisions or findings submitted to the decisionmaking body of the respondent public agency by its staff, or the project proponent, project opponents, or other persons.

(9) The documentation of the final public agency decision, including the final environmental impact report, mitigated negative declaration, or negative declaration, and all documents, in addition to those referenced in paragraph (3), cited or relied on in the findings or in a statement of overriding considerations adopted pursuant to this division.

(10) (A) (i) Any other written materials relevant to the respondent public agency’s compliance with this division or to its decision on the merits of the project, including the initial study, any drafts of any environmental document or portions of the initial study or drafts that have been released for public review, and copies of studies or other documents relied upon in any environmental document prepared for the project and either made available to the public during the public review period or included in the respondent public agency’s files on the project, and all internal agency communications, including staff notes and memoranda related to the project or to compliance with this division, but not including communications that are of a logistical nature, such as meeting invitations and scheduling communications, except that any material that is subject to privileges contained in the Evidence Code, or exemptions contained in the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), shall not be included in the record of proceedings under this paragraph, consistent with existing law.

(ii) This subparagraph applies to a project that includes a distribution center or oil and gas infrastructure.

(10)Any

(B) (i) Any other written materials relevant to the respondent public agency’s compliance with this division or to its decision on the merits of the project, including the initial study, any drafts of any environmental document, or portions thereof, of the initial study or drafts, that have been released for public review, and copies of studies or other documents relied upon in any environmental document prepared for the project and either made available to the public during the public review period or included in the respondent public agency’s files on the project, and all internal agency communications, including staff notes and memoranda related to the project or to compliance with this division, but not including communications of persons tangential to or far removed from project decisionmaking, unless those communications are related to a project that would construct or is related to a distribution center or oil and gas infrastructure, or that are of a logistical nature, such as meeting invitations and scheduling communications, except that any material that is subject to privileges contained in the Evidence Code, or exemptions contained in the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) Code), shall not be included in the record of proceedings under this paragraph, consistent with existing law.

(ii) This subparagraph applies to any project that is not subject to subparagraph (A).

(iii) For purposes of this subparagraph, internal agency communications does not include electronic internal agency communications, including emails, that were not presented to the final decisionmaking body. The public agency may, but is not required to, include any documents in the record of proceedings that are not specifically set forth in this subparagraph.

(11) The full written record before any inferior administrative decisionmaking body whose decision was appealed to a superior administrative decisionmaking body before the filing of litigation.

(f) In preparing the record of proceedings, the party preparing the record of proceedings shall strive to do so at reasonable cost in light of the scope of the record of proceedings.

(g) The clerk of the superior court shall prepare and certify the clerk’s transcript on appeal not later than 60 days from the date that the notice designating the papers or records to be included in the clerk’s transcript was filed with the superior court, if the party or parties pay any costs or fees for the preparation of the clerk’s transcript imposed in conformance with any law or rules of court. Nothing in this subdivision precludes an election to proceed by appendix, as provided in Rule 8.124 of the California Rules of Court.

(h) Extensions of the period for the filing of any brief on appeal may be allowed only by stipulation of the parties or by order of the court for good cause shown. Extensions for the filing of a brief on appeal shall be limited to one 30-day extension for the preparation of an opening brief and one 30-day extension for the preparation of a responding brief, except that the court may grant a longer extension or additional extensions if it determines that there is a substantial likelihood of settlement that would avoid the necessity of completing the appeal.

(i) At the completion of the filing of briefs on appeal, the appellant shall notify the court of the completion of the filing of briefs, whereupon the clerk of the reviewing court shall set the appeal for hearing on the first available calendar date.

SEC. 12.

 Section 21168.9 of the Public Resources Code is amended to read:

21168.9.

 (a) If a court finds, as a result of a trial, hearing, or remand from an appellate court, that any determination, finding, or decision of a public agency has been made without compliance with this division, the court shall enter an order that includes one or more of the following:

(1) A mandate that the determination, finding, or decision be voided by the public agency, in whole or in part.

(2) If the court finds that a specific project activity or activities will prejudice the consideration or implementation of particular mitigation measures or alternatives to the project, a mandate that the public agency and any real parties in interest suspend any or all specific project activity or activities, pursuant to the determination, finding, or decision, that could result in an adverse change or alteration to the physical environment, until the public agency has taken any actions that may be necessary to bring the determination, finding, or decision into compliance with this division.

(3) A mandate that the public agency take specific action as may be necessary to bring the determination, finding, or decision into compliance with this division.

(b) (1) Any order pursuant to subdivision (a) shall include only those mandates which are necessary to achieve compliance with this division and only those specific project activities in noncompliance with this division. The order shall be made by the issuance of a peremptory writ of mandate specifying what action by the public agency is necessary to comply with this division. However, the order shall be limited to that portion of a determination, finding, or decision or the specific project activity or activities found to be in noncompliance only if a court finds that (1) (A) the portion or specific project activity or activities are severable, (2) (B) severance will not prejudice complete and full compliance with this division, and (3) (C) the court has not found the remainder of the project to be in noncompliance with this division. The trial court shall retain jurisdiction over the public agency’s proceedings by way of a return to the peremptory writ until the court has determined that the public agency has complied with this division.

(2) If the determination of a public agency that a project that is eligible for a statutory exemption or categorical exemption is found to violate this division, the order pursuant to subdivision (a) shall be subject to the limitations set forth in subdivision (c) of Section 21080.1 or Section 21083.03, as applicable.

(c) Nothing in this section authorizes a court to direct any public agency to exercise its discretion in any particular way. Except as expressly provided in this section, nothing in this section is intended to limit the equitable powers of the court.

SEC. 6.SEC. 13.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.