SB1097 - California Environmental Quality Act: electrical distribution: exemptions.

Amended IN Senate April 23, 2026 Amended IN Senate March 25, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1097 Introduced by Senator Wiener (Coauthor: Senator Becker) February 13, 2026 An act to add Sections Section 21080.39 and 21080.80 to the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGEST SB 1097, as amended, Wiener. California Environmental Quality Act: electrical distribution: clean energy: exemptions: standard of review. exemptions. 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 the lead agency 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. This bill would exempt from CEQA projects that consist of the inspection, maintenance, repair, restoration, reconditioning, reconductoring with advanced conductors, replacement, or removal of a an existing transmission wire or cable used to conduct electricity or other piece of equipment that is directly attached to the wire or cable and that meet certain requirements. requirements, including, among other things, that for a project that is not located on a sensitiva site, the project is undertaken entirely within an existing right-of-way. For projects that are located on a sensitive site, as defined, the bill would also require that the project not increase the footprint of the existing transmission line by more than 10%. In addition to those requirements, for projects that are located within a national park, a national monument, a national wilderness area, or a national recreation area, the bill would also require that the existing right-of-way that the project is undertaken within have a certified EIR, negative declaration, or mitigated negative declaration. For any of these above-described projects that are undertaken within a private right-of-way, the bill would require the project applicant to obtain permission from each underlying property owner to access the property for the project and to enter into an agreement to restore the right-of-way to its condition before the commencement of the project. If a lead agency determines that a project is exempt from CEQA pursuant to the above-described provision, the bill would require the lead agency to file a notice of exemption with the Office of Land Use and Climate Innovation and the county clerk in each county in which the project is located, as provided. By increasing the duties of a lead agency, the bill would impose a state-mandated local program. This bill would, for a project to construct (1) a solar photovoltaic or terrestrial wind electrical generating powerplant, (2) an energy storage system, (3) a stationary electrical generating powerplant using any source of thermal energy, as provided, or (4) specified overhead electrical transmission lines, establish a modified approval process for a lead agency to follow when approving those projects, as provided. In order to use the modified approval process, the bill would require certain of these projects to not be located on specified lands and, for a project to construct specified overhead electrical transmission lines, to, among other things, not include construction that physically disturbs specified lands, as provided. The bill would, for the above-described projects, require that the lead agency determine, based upon substantial evidence in light of the whole record before the lead agency, that it is more likely than not that a project will have a significant effect on the environment, as defined, for purposes of the preparation of an EIR. Because the bill would require a lead agency to make these determinations, the bill would impose a state-mandated local program. CEQA provides that the existence of a public controversy over the environmental effects of a project shall not require the preparation of an EIR if there is no substantial evidence in light of the whole record before the lead agency that the project may have a significant effect on the environment. This bill would instead provide, for the above-described projects, that the existence of public controversy over the environmental effects of a project shall not require preparation of an EIR if an EIR would not otherwise be required by CEQA. The bill would also require that an action or proceeding brought to attack, review, set aside, void, or annul the adoption of a negative declaration or mitigated negative declaration as described above, or the granting of any project approvals, including any potential appeals to the court of appeal or the Supreme Court, be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court. 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 Bill Text The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares both of the following: (a) The projects listed in subdivision (b) of Section 21080.80 of the Public Resources Code are necessary to achieve the clean energy policy of The 100 Percent Clean Energy Act of 2018 (Chapter 312 of the Statutes of 2018). (b) Application of the substantial evidence standard of review, instead of the fair argument standard, to the review of negative declarations and mitigated negative declarations for projects described in subdivision (b) of Section 21080.80 of the Public Resources Code furthers California’s clean energy and climate goals, and therefore results in the greatest long-term environmental benefits. SEC. 2. SECTION 1. Section 21080.39 is added to the Public Resources Code, to read: 21080.39. (a) This For purposes of this section, both of the following definitions apply: (1) “Reconductoring with advanced conductors” has the same meaning as the term “reconductored with advanced conductors” is used in Section 454.58 of the Public Utilities Code. (2) “Sensitive site” means any of the following areas: (A) The state park system, as described in Article 1 (commencing with Section 5001) of Chapter 1 of Division 5. (B) A wilderness area, as defined in Section 5093.32. (C) A national park. (D) A national monument. (E) A national recreation area. (F) A national wilderness area. (G) 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). (H) Lands with a conservation easement, as defined in Section 815.1 of the Civil Code and recorded as required by Section 815.5 of the Civil Code, unless the project is determined by the lead agency to be consistent with the terms or requirements of the easement. (b) This division does not apply to a project that consists of the inspection, maintenance, repair, restoration, reconditioning, reconductoring with advanced conductors, replacement, or removal of a an existing transmission wire or cable used to conduct electricity or other piece of equipment that is directly attached to the wire or cable and that meets both all of the following requirements: (1) (A) The For a project that is not located on a sensitive site, the project is undertaken entirely within an existing right-of-way. (2) For a project that is located on a sensitive site, the project meets both of the following requirements: (A) The project is undertaken entirely within an existing right-of-way. (B) The project does not increase the footprint of the existing transmission line by more than 10 percent. (3) For a project that is located on a national park, a national monument, a national wilderness area, or a national recreation area, the project meets both of the following requirements: (A) The project is undertaken entirely within an existing right-of-way that has a certified environmental impact report, negative declaration, or mitigated negative declaration. (B) The project does not increase the footprint of the existing transmission line by more than 10 percent. (4) For a project that is located on any of the locations listed in paragraphs (1) to (3), inclusive, that is undertaken within a private right-of-way, the project meets both of the following requirements: (B) For a project undertaken within a private right-of-way, the (A) The project applicant has permission from the each underlying property owner to access the property for the project. (2) (B) The project applicant enters into a legally binding agreement to restore the right-of-way to its condition before the commencement of the project. (b) (c) If the lead agency determines that a project is exempt from this division pursuant to this section, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation and with the county clerk in each county in which the project is located in a manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. (c) For purposes of this section, “reconductoring with advanced conductors” has the same meaning as the term used in subdivision (b) of Section 454.58 of the Public Utilities Code. SEC. 3. Section 21080.80 is added to the Public Resources Code , to read: 21080.80. (a) Notwithstanding Sections 21064 and 21064.5, or any other law, the following terms shall apply for the purposes of this section. (1) “Mitigated negative declaration” means a negative declaration prepared for a project when the initial study has identified 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 or mitigate the effects to a point where no significant effect on the environment would occur, as determined by the lead agency based upon substantial evidence in the record, and (B) the lead agency has determined, based upon substantial evidence in the record, that the project, as revised, will not have a significant effect on the environment. (2) “Negative declaration” means a written statement briefly describing the reasons the lead agency has determined, based upon 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. (3) “Significant effect on the environment” means that the public agency has determined, based upon substantial evidence in the record, that the proposed project is more likely than not to have a significant effect on the environment. (b) Notwithstanding Section 21080 or any other provision of this division, this section applies to both of the following: (1) A project to construct a new facility if all of the following conditions are met: (A) The project is one of following project types: (i) A solar photovoltaic or terrestrial wind electrical generating powerplant and any facilities appurtenant thereto. (ii) An energy storage system as defined in Section 2835 of the Public Utilities Code. (iii) A stationary electrical generating powerplant using any source of thermal energy, excluding any powerplant that burns, uses, or relies on fossil or nuclear fuels. (B) The project is not located in any of the following locations: (i) The state park system, as described in Article 1 (commencing with Section 5001) of Chapter 1 of Division 5. (ii) A wilderness area, as defined in Section 5093.32. (iii) A marine protected area, as defined in Section 2852 of the Fish and Game Code. (iv) The national park system, as defined in Section 100102 of Title 54 of the United States Code. (v) A national recreation area. (vi) A national monument. (vii) The national wild and scenic rivers system, as defined in Section 1273 of Title 16 of the United States Code. (viii) Any ecological reserve or wildlife management area acquired and managed by the Department of Fish and Wildlife pursuant to Article 2 (commencing with Section 1525) or Article 4 (commencing with Section 1580) of Chapter 5 of Division 2 of the Fish and Game Code. (ix) 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 Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 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 the use proposed by the project. This paragraph 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, State Water Resources Control Board, 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 the use proposed by the project. (x) 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. (xi) Lands under conservation easement. (xii) On, or within a 300-foot radius of, a wetland, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). (xiii) An environmentally sensitive area within the coastal zone, as defined in Section 30107.5. (xiv) Lands identified for protection from dev [Text truncated for display. Full text available on Congress.gov.]