ARTICLE 5. Certification of Facilities [25794. - 25794.10.]

Cal. Public Resources Code - PRC 5.

in effect

Cal. Public Resources Code - PRC § 25794. Section 25794.

For purposes of this article, the following definitions apply: (a) “Department” means the Department of Water Resources or a person designated by the Department of Water Resources for purposes of this article. (b) “Facility” means a facility described in Section 80710 of the Water Code. (c) “Site” means a location on which a facility is constructed or is proposed to be constructed.

Cal. Public Resources Code - PRC § 25794.1. Section 25794.1.

(a) Notwithstanding any other law, from October 31, 2022, to October 31, 2026, inclusive, the department shall submit an application for certification to the commission in accordance with this article for a site on which a facility is located. (b) The issuance of a certificate by the commission for a site and related facility pursuant to this article shall be in lieu of any permit, certificate, or similar document required by any state, local or regional agency, or federal agency to the extent permitted by federal law, for the use of the site and related facility, and shall supersede any applicable statutes, including the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of this code) and Title 7.2 (commencing with Section 66600) of the Government Code, ordinances, regulations, or standards of a state, local, or regional agency, or a federal agency, to the extent permitted by federal law, and shall not be subject to the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and regulations adopted pursuant to that division. (c) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.

Cal. Public Resources Code - PRC § 25794.2. Section 25794.2.

(a) The commission shall establish a process to expedite review of an application submitted pursuant to this article. The process shall include guidance to the department on determining optimal locations for facilities based on the potential to improve reliability, reduce the occurrence of public safety power shutoffs, decrease the use of high-emission backup power, minimize air pollution, and avoid impacts on disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code. (b) An application submitted pursuant to this article shall be in the form prescribed by the commission and shall contain all of the information required by Section 25520 and be further supported by other information as the commission may require to enable review of the site and related facilities, and issuance of a certification, including, at a minimum, all of the following: (1) A description of the facility, including a showing that it is capable of delivering energy during net peak hours in response to a dispatch by the Independent System Operator during extreme events, and has access to the infrastructure and resources needed to operate. (2) A description of the site, including surveys to demonstrate the baseline conditions of the site and the site’s zoning designation and the allowable uses within the zoning designation. (3) A list of all properties and property owners within 1,000 feet of the site. (4) A description of the potential impacts of the project on the environment and on public health and safety, including on the surrounding community, and project design measures proposed to mitigate those potential impacts. The description shall include the applicable local air district’s attainment status under the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). (5) A description of all local, state, regional, and federal laws, ordinances, regulations, and standards that would otherwise apply to the facility in the absence of the commission’s exclusive jurisdiction pursuant to subdivision (b) of Section 25794.1, and an analysis of the project’s compliance with those local, state, regional, and federal laws, ordinances, regulations, and standards. (c) An application submitted pursuant to this section shall be reviewed by commission staff. The executive director shall prepare a recommendation for the commission’s consideration on whether to issue a certificate for a site and facility pursuant to this article.

Cal. Public Resources Code - PRC § 25794.3. Section 25794.3.

Upon receipt of an application pursuant to this article, commission staff shall establish a docket for the proceeding and publish a notice of receipt and shall mail the notice to all property owners within 1,000 feet of the proposed site. The commission shall establish a notification system for interested parties to receive notice of applications filed pursuant to this article. The notice shall also be sent to all local, state, and regional agencies that would have had jurisdiction over the site in the absence of the commission’s exclusive jurisdiction under subdivision (b) of Section 25794.1, federal agencies with jurisdiction over the project, and any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed site.

Cal. Public Resources Code - PRC § 25794.4. Section 25794.4.

(a) Within 20 days of the submission of the application pursuant to this article, the executive director shall review the application for completeness. The executive director may require the department to submit additional information, documents, or data reasonably necessary to make a decision on the application. The executive director shall transmit the request for additional information within 20 days of the submission of the application. (b) An application is deemed complete as follows: (1) Twenty days after the submission of the application, if the executive director does not require the submission of additional information, documents, or data pursuant to subdivision (a). (2) Immediately upon acceptance of the additional information, documents, or data requested by the executive director pursuant to subdivision (a). (c) No later than 180 days after the application is deemed complete, or at any later time as is mutually agreed to by the commission and the department, the commission shall determine whether to issue a certificate for the site and related facility pursuant to this article.

Cal. Public Resources Code - PRC § 25794.5. Section 25794.5.

Upon an application being deemed complete, the commission shall do all of the following: (a) (1) Comply with subdivisions (d) to (g), inclusive, of, and subdivision (k) of, Section 25519. (2) Notwithstanding subdivision (f) of Section 25519, local agencies may review an application submitted by the commission under paragraph (1) and may submit comments on, among other things, the design of the facility, architectural and aesthetic features of the facility, access to highways, landscaping and grading, public use of lands in the area of the facility, proximity to sensitive receptors and other incompatible land uses, and other appropriate aspects of the design, construction, or operation of the proposed site and related facility. (b) Provide the application to all California Native American tribes that are culturally and traditionally associated with the geographic area of the site and initiate consultation with those tribes in a manner consistent with Sections 21080.3.1 and 21080.3.2. (c) (1) If the commission does not receive a California Native American tribe’s request for consultation pursuant to subdivision (b), the commission, within 60 days after the application has been deemed complete, shall complete a preliminary analysis for the facility’s potential impacts to environment and public health and safety and the facility’s compliance with applicable laws, ordinances, regulations, and standards that would have applied in absence of the commission’s exclusive jurisdiction under subdivision (b) of Section 25794.1. (2) If the commission receives a California Native American tribe’s request for consultation pursuant to subdivision (b), the commission shall complete a preliminary analysis within 30 days after the commission concludes the consultation process with the California Native American tribe pursuant to subdivision (b). (d) Consult with local jurisdictions and state agencies in conducting the analysis to resolve any potential noncompliance with applicable laws, ordinances, regulations, and standards. (e) Propose conditions and verification and monitoring requirements for certification to mitigate any potential impacts to the maximum extent feasible. (f) Require the department to fully mitigate all air emissions in the surrounding community. The department may use the Climate Heat Impact Response Program (CHIRP) administered by the state board for compliance with this subdivision. (g) Publish the preliminary analysis for a minimum of 30 days before a 30-day public and agency comment period. (h) Prepare a final analysis responding to public and agency comments and making any changes at least 10 days before the commission considers whether to approve certification of the site and related facility.

Cal. Public Resources Code - PRC § 25794.6. Section 25794.6.

The commission shall not certify a site and related facility if any of the following applies: (a) The site is a site described in Section 25527. (b) The site has not been previously disturbed, including, but not limited to, site clearing, excavating, grading, or other manipulation of the terrain. (c) The site does not have access to the infrastructure and resources with the necessary existing capacity and in the proximity needed to operate the facility, including, but not limited to, a natural gas line and a water line, as applicable. (d) After July 31, 2023, the facility will use diesel fuel.

Cal. Public Resources Code - PRC § 25794.7. Section 25794.7.

The commission shall maintain on its internet website a list of all certifications granted pursuant to this article for as long as the certifications are in effect.

Cal. Public Resources Code - PRC § 25794.8. Section 25794.8.

(a) A certificate issued pursuant to this article shall be valid for a period not to exceed five years from the date of issuance. (b) If a facility operates longer than the period specified in subdivision (a), all necessary permits, certificates, or similar documents required by state, local, and federal governments shall first be obtained.

Cal. Public Resources Code - PRC § 25794.9. Section 25794.9.

Sections 25532 to 25537, inclusive, apply to a certificate issued pursuant to this article.

Cal. Public Resources Code - PRC § 25794.10. Section 25794.10.

(a) The executive director shall charge and collect a reasonable fee from the department upon the submittal of an application pursuant to this article to cover the estimated actual cost of reviewing an application. The department shall submit a deposit along with the application that does not exceed 3 percent of the estimated capital cost of the proposed facility. (b) The commission staff shall separately account for the deposit collected and the charges incurred in the review of the application. The status of the account shall be provided to the department at regular intervals established by mutual agreement. The executive director shall request additional deposits if the initial deposit has been exhausted. (c) A final accounting shall be rendered by the commission staff after the commission has reached a final decision on the application. If, in the final accounting, the deposits exceed the actual costs incurred by the commission, the excess shall be refunded. If the actual costs exceed the amount of the deposits, the department shall be billed for the difference. (d) The executive director may adjust or waive deposits for minor projects. For facilities with an estimated capital cost that exceeds one million dollars ($1,000,000), the executive director shall permit payment of the deposit in increments, as determined by the executive director.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026