Judicial Streamlining
CEQA judicial streamlining managed by the Governor’s Office of Planning and Research through SB 7, Environmental Leadership Development Projects, and SB 149, Infrastructure Streamlining.
Program Overview
Californians are on the front lines of the climate crisis, facing extreme weather whiplash from fires to droughts to floods – we can’t delay the infrastructure that will help us build resilience to climate change. The Judicial Streamlining Program will help accelerate critical infrastructure projects across California to build a 100% clean electric grid, ensure safe drinking water for all, boost the state’s water supply for food, and modernize our transportation system, all the while ensuring thorough environmental review and welcoming community input. For information about California’s infrastructure investment, visit Build.ca.gov.
OPR’s Judicial Streamlining Program team manages applications for judicial streamlining for Environmental Leadership Development Projects and green infrastructure projects and is the point of contact for prospective applicants. Projects that the Governor certifies for judicial streamlining benefit from expedited judicial review of any lawsuits challenging the project under the California Environmental Quality Act (CEQA), reducing lawsuit-related delays from 3-5 years to ~270 days. Certified projects may also have improved access to financing and be more competitive for federal funding.
This Program is part of Governor Newsom’s work to help California build and retrofit infrastructure that advances the State’s ambitious climate goals by leveraging the unprecedented $180 billion in federal infrastructure funds forecast to become available to California over the next ten years.
The Judicial Streamlining Program implements two pieces of legislation Governor Newsom signed:
- Senate Bill 7 (2021) authorizes the Governor to certify for judicial streamlining Environmental Leadership Development Projects investing over $100 million in the California economy or providing affordable housing if they meet heightened environmental and labor standards.
- Senate Bill 149 (2023) expands the list of projects eligible for judicial streamlining to include certain green infrastructure projects.
Applications Under Review
All projects under consideration for judicial streamlining will be listed on this page. The Judicial Streamlining team can send you the application materials if you request it. You can request this in an email to california.jobs@opr.ca.gov with the application name in the subject field.
A note will be included next to any application listed below that is in an active public comment period. Comments should be emailed to california.jobs@opr.ca.gov with the application name in the subject field.
Pending Applications
No pending applications at this time.
Project Types
Under the CEQA Judicial Streamlining Program, there are eight project types. Click below to view the statutory requirements for each project.
Definition: An infill housing investment between $15 and $100 million with at least 15% of units affordable to lower income households. This includes purely residential projects, mixed-use developments with at least two-thirds of space designated for residential use, or transitional/supportive housing (PRC 21180(b)(4)).
Fees:
- OPR: None
- Trial Court: $180,000
- Court of Appeal: $215,000
Environmental Leadership Development Project (SB 7) Requirements:
- Create high-wage, highly skilled jobs and use a skilled and trained (PCC 2601(d)) workforce.
- Comply with commercial solid waste and organic waste recycling laws.
- Enter into a binding agreement that makes all CEQA mitigation measures fully enforceable by the lead agency.
GHG Criteria: The project must not result in any net emission of GHG, including GHGs from employee transportation (21183(c)(2))
GHG Mitigation: Not applicable
VMT Requirement: Consistent with Sustainable Communities Strategy, if applicable
Additional Requirements:
- Must be consistent with any local Metropolitan Planning Organization (MPO) Sustainable Communities/Alternative Planning Strategy, if applicable
- May not serve as a hotel, transient lodging, or short-term rental with terms less than 30 days, except in the case of residential hotels.
- May not be used industrially or for manufacturing.
- For multifamily residential units, parking spaces must be priced, rented, and sold separately from units, unless the units are subject to affordable housing restrictions that prescribe rent/sale prices and prevent unbundling of parking.
Definition: A residential, retail, commercial, sports, cultural, entertainment, or recreational use project located on an infill site. (PRC 21180(b)(1))
Fees:
- OPR: $39,000
- Trial Court: $180,000
- Court of Appeal: $215,000
Environmental Leadership Development Project (SB 7) Requirements:
- Invest $100 million or more in California (PRC 21183(a)(1))
- Create high-wage, highly skilled jobs and use a skilled and trained (PCC 2601(d)) workforce
- Comply with commercial solid waste and organic waste recycling laws
- Enter into a binding agreement that makes all CEQA mitigation measures fully enforceable by the lead agency
GHG Criteria: The project must not result in any net emission of GHGs, including GHGs from employee transportation 21183(c)(1).
GHG Mitigation must occur in the following order to prioritize local GHG emission reductions (21183.6(a)(2)):
- Direct emission reductions from the project that also reduce criteria air pollutants or toxic air contaminants
- Direct emission reductions located in the same air district which also reduce criteria air pollutants or toxic air contaminants
- Offsets originating in the same air district which are real, permanent, quantifiable, verifiable, and enforceable
- Offsets providing specific, quantifiable, and direct environmental and public health benefits to the project region
VMT Requirement: The project must achieve a 15% greater standard for transportation efficiency than comparable projects
Additional Requirements:
- Must be LEED Gold or better
- Must be consistent with any local Metropolitan Planning Organization (MPO) Sustainable Communities/Alternative Planning Strategy, if applicable
Definition: A clean energy manufacturing project that manufactures products, equipment, or components used for renewable energy generation, energy efficiency, or the production of clean alternative fuel vehicles (PRC 21180(b)(3)).
Fees:
- OPR: $39,000
- Trial Court: $180,000
- Court of Appeal: $215,000
Environmental Leadership Development Project (SB 7) Requirements:
- Invest $100 million or more in California (PRC 21183(a)(1))
- Create high-wage, highly skilled jobs and use a skilled and trained (PCC 2601(d)) workforce
- Comply with commercial solid waste and organic waste recycling laws
- Enter into a binding agreement that makes all CEQA mitigation measures fully enforceable by the lead agency
GHG Criteria: The project must not result in any net emission of GHG, including GHGs from employee transportation 21183(c)(1).
GHG Mitigation must occur in the following order to prioritize local GHG emission reductions (21183.6(a)(2)):
- Direct emission reductions from the project which also reduce criteria air pollutants or toxic air contaminants
- Direct emission reductions located in the same air district which also reduce criteria air pollutants or toxic air contaminants
- Offsets originating in the same air district which are real, permanent, quantifiable, verifiable, and enforceable
- Offsets providing specific, quantifiable, and direct environmental and public health benefits to the project region
Definition: A clean renewable energy project that generates electricity exclusively through wind or solar (PRC 21180(b)(2)).
Fees:
- OPR: $39,000
- Trial Court: $180,000
- Court of Appeal: $215,000
Environmental Leadership Development Project (SB 7) Requirements:
- Invest $100 million or more in California (PRC 21183(a)(1))
- Create high-wage, highly skilled jobs and use a skilled and trained (PCC 2601(d)) workforce
- Comply with commercial solid waste and organic waste recycling laws
- Enter into a binding agreement that makes all CEQA mitigation measures fully enforceable by the lead agency
GHG Criteria: The project must not result in any net emission of GHG, including GHGs from employee transportation 21183(c)(1).
GHG Mitigation must occur in the following order to prioritize local GHG emission reductions (21183.6(a)(2)):
- Direct emission reductions from the project which also reduce criteria air pollutants or toxic air contaminants
- Direct emission reductions located in the same air district which also reduce criteria air pollutants or toxic air contaminants
- Offsets originating in the same air district which are real, permanent, quantifiable, verifiable, and enforceable
- Offsets providing specific, quantifiable, and direct environmental and public health benefits to the project region
Definition: Energy infrastructure projects, including renewable energy sources, energy storage systems, manufacture of related systems or components, and electric transmission facilities that deliver electricity from zero-carbon resources or from energy storage projects. 21189.81(c))
Fees:
- OPR: Rulemaking coming
- Trial Court: $180,000 (private applicants only)
- Court of Appeal: $215,000 (private applicants only)
Green Infrastructure Project (SB 149) Requirement: Enter into a binding and enforceable agreement to mitigate significant environmental impacts in disadvantaged communities through measures undertaken within and directly benefiting affected communities
GHG Criteria:
- The project must not result in any net emission of GHG, including GHGs from employee transportation 21189.83(a).
GHG Mitigation must occur in the following order to prioritize local GHG emission reductions (21183.6(a)(2)):
- Direct emission reductions from the project which also reduce criteria air pollutants or toxic air contaminants
- Direct emission reductions located in the same air district which also reduce criteria air pollutants or toxic air contaminants
- Offsets originating in the same air district which are real, permanent, quantifiable, verifiable, and enforceable
- Offsets providing specific, quantifiable, and direct environmental and public health benefits to the project region
Additional Requirements:
- Hydrogen and biomass projects do not qualify
- The following projects must use a skilled and trained workforce (PCC 2601(d)) and pay construction workers greater than or equal to the prevailing rate of per diem wages for their work type and geographic area 21189.81(d)(2):
- Solar photovoltaic (PV) and terrestrial wind projects with a capacity of 20 Megawatts (MW) or more
- Energy storage projects with a capacity of 80MW or more
- Thermal energy powerplants with capacity of 50MW or more
- Manufacture of renewable energy systems or components thereof via a capital investment of $250 million or more over five years
- Electric transmission lines connecting any of the above to an interconnected transmission system
Definition: A project that advances one or more goals from the California State Transportation Agency (CalSTA) Climate Action Plan for Transportation Infrastructure and does not conflict with any of the goals.
Approval limit: 10 projects proposed by Caltrans and 10 local or regional projects
Fees:
- OPR: Rulemaking coming
- Trial Court: None (all public applicants)
- Court of Appeal: None (all public applicants)
Green Infrastructure Project (SB 149) Requirement:
- Enter into a binding and enforceable agreement to mitigate significant environmental impacts in disadvantaged communities through measures undertaken within and directly benefiting affected communities
GHG Criteria: The project must not result in any net emission of GHG, excluding GHGs from employee transportation 21189.83(b)(2).
GHG Mitigation must occur in the following order to prioritize local GHG emission reductions:
- Direct GHG reduction measures
- Offsets which are real, permanent, verifiable, and enforceable, and which provide a specific, quantifiable, and direct environmental and public health benefit to the air district in which the project is located
- Offsets which provide a specific, quantifiable, and direct environmental and public health benefit to the project region
Additional Requirements: The project must qualify as a "public work" (see LC § 1720)
Definition: A project to implement a groundwater sustainability plan, water storage (see WC Div 26.7 Ch 8), water recycling (see WC § 13050), contaminant or salt removal such as groundwater desalination, or canal/conveyance maintenance or repair
Fees:
- OPR: Rulemaking coming
- Trial Court: $180,000 (private applicants only)
- Court of Appeal: $215,000 (private applicants only)
Green Infrastructure Project (SB 149) Requirement:
- Enter into a binding and enforceable agreement to mitigate significant environmental impacts in disadvantaged communities through measures undertaken within and directly benefiting affected communities
GHG Criteria & Mitigation: GHGs must be mitigated to the extent feasible 21189.82(4)(C).
Additional Requirements:
- The project must qualify as a "public work" (see LC § 1720)
- Seawater desalination projects do not qualify
- Design or construction of through-Delta conveyance facilities of the Sacramento-San Joaquin Delta do not qualify
Semiconductor and Microelectronics Manufacturing
Definition: A project that is awarded funds under the federal Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act of 2022.
Fees:
- OPR: Rulemaking coming
- Trial Court: $180,000 (private applicants only)
- Court of Appeal: $215,000 (private applicants only)
Green Infrastructure Project (SB 149) Requirement:
Enter into a binding and enforceable agreement to mitigate significant environmental impacts in disadvantaged communities through measures undertaken within and directly benefiting affected communities
GHG Criteria: The project must not result in any net emission of GHG, including GHGs from employee transportation 21189.83(a).
GHG Mitigation must occur in the following order to prioritize local GHG emission reductions (21183.6(a)(2)):
- Direct emission reductions from the project which also reduce criteria air pollutants or toxic air contaminants
- Direct emission reductions located in the same air district which also reduce criteria air pollutants or toxic air contaminants
- Offsets originating in the same air district which are real, permanent, quantifiable, verifiable, and enforceable
- Offsets providing specific, quantifiable, and direct environmental and public health benefits to the project region