AMENDED IN SENATE SEPTEMBER 5, 2025
AMENDED IN SENATE JULY 7, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
95
CHAPTER 372
Statutes of 2025
[ Approved by Governor October 6, 2025. Filed with Secretary of State October 6, 2025. ]
Introduced by Assembly Member Rogers
(Coauthor: Assembly Member Papan)
February 11, 2025
An act to amend Section 25545 of the Public Resources Code, relating to energy.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing law establishes and vests in the State Energy Resources Conservation and Development Commission (Energy Commission) various responsibilities with respect to developing and implementing the state’s energy policies. Existing law authorizes persons proposing specified electrical generation, electrical transmission, hydrogen production, and energy storage projects to apply, on or before June 30, 2029, to the Energy Commission to certify sites and related facilities as environmental leadership development projects, as specified. Existing law makes a site and related facility certified by the Energy Commission subject to streamlining benefits related to CEQA with no further action by the applicant or the Governor. Under existing law, the Energy Commission’s certification is in lieu of any permit, certificate, or similar document required by any governmental agency and supersedes any applicable statute, ordinance, or regulation, except as specified.
This bill would expand the types of facilities eligible to be certified as environmental leadership development projects by the Energy Commission to include geothermal powerplants and projects that comprise multiple geothermal powerplants on a single site.
This bill would incorporate additional changes to Section 25545 of the Public Resources Code proposed by SB 254 to be operative only if this bill and SB 254 are enacted and this bill is enacted last.
The people of the State of California do enact as follows:
SECTION 1.
Section 25545 of the Public Resources Code is amended to read:
25545.
For purposes of this chapter, the following definitions apply:
(a) “California Native American tribe” has the same meaning as set forth in Section 21073.
(b) “Facility” means any of the following:
(1) A solar photovoltaic or terrestrial wind electrical generating powerplant with a generating capacity of 50 megawatts or more and any facilities appurtenant thereto.
(2) An energy storage system as defined in Section 2835 of the Public Utilities Code that is capable of storing 200 megawatthours or more of energy.
(3) A stationary electrical generating powerplant using any source of thermal energy, with a generating capacity of 50 megawatts or more, excluding any powerplant that burns, uses, or relies on fossil or nuclear fuels.
(4) A discretionary project as described in Section 21080 for which the applicant has certified that a capital investment of at least two hundred fifty million dollars ($250,000,000) will be made over a period of five years and the discretionary project is for (A) the manufacture, production, or assembly of an energy storage system or component manufacturing, wind system or component manufacturing, and solar photovoltaic energy system or component manufacturing, or (B) the manufacture, production, or assembly of specialized products, components, or systems that are integral to renewable energy or energy storage technologies.
(5) An electrical transmission line carrying electricity from a facility described in paragraph (1), (2), or (3) that is located in the state to a point of junction with any interconnected electrical transmission system.
(6) A hydrogen production facility and associated onsite storage and processing facilities that do not derive hydrogen from a fossil fuel feedstock and that receive funding from any of the following:
(A) The Hydrogen Program established pursuant to Section 25664.1.
(B) Section 91530, as added by the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024.
(C) The Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES) authorized by Article 15 (commencing with Section 12100.160) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, as awarded by the United States Department of Energy Office of Clean Energy Demonstrations.
(7) A geothermal powerplant or a project that comprises multiple geothermal powerplants on a single site.
(c) “Site” means any location on which an eligible facility is constructed or is proposed to be constructed.
SEC. 1.5.
Section 25545 of the Public Resources Code is amended to read:
25545.
For purposes of this chapter, the following definitions apply:
(a) “California Native American tribe” has the same meaning as set forth in Section 21073.
(b) “Facility” means any of the following:
(1) A solar photovoltaic or terrestrial wind electrical generating powerplant with a generating capacity of 50 megawatts or more and any facilities appurtenant thereto.
(2) An energy storage system as defined in Section 2835 of the Public Utilities Code that is capable of storing 200 megawatthours or more of energy.
(3) A stationary electrical generating powerplant using any source of thermal energy, with a generating capacity of 50 megawatts or more, excluding any powerplant that burns, uses, or relies on fossil or nuclear fuels.
(4) A discretionary project as described in Section 21080 for which the applicant has certified that a capital investment of at least one hundred million dollars ($100,000,000) will be made over a period of five years and the discretionary project is for (A) the manufacture, production, or assembly of an energy storage system or component manufacturing, wind system or component manufacturing, and solar photovoltaic energy system or component manufacturing, or (B) the manufacture, production, or assembly of specialized products, components, or systems that are integral to renewable energy or energy storage technologies.
(5) An electrical transmission line carrying electricity from a facility described in paragraph (1), (2), or (3) that is located in the state to a point of junction with any interconnected electrical transmission system.
(6) A hydrogen production facility and associated onsite storage and processing facilities that do not derive hydrogen from a fossil fuel feedstock and that receive funding from any of the following:
(A) The Hydrogen Program established pursuant to Section 25664.1.
(B) Section 91530, as added by the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024.
(C) The Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES) authorized by Article 15 (commencing with Section 12100.160) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, as awarded by the United States Department of Energy Office of Clean Energy Demonstrations.
(7) A geothermal powerplant or a project that comprises multiple geothermal powerplants on a single site.
(c) “Site” means any location on which an eligible facility is constructed or is proposed to be constructed.
SEC. 2.
Section 1.5 of this bill incorporates amendments to Section 25545 of the Public Resources Code proposed by this bill and Senate Bill 254. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2026, (2) each bill amends Section 25545 of the Public Resources Code, and (3) this bill is enacted after SB 254, in which case Section 25545 of the Public Resources Code, as amended by SB 254, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.