Public agencies must apply environmental review to data center projects, while eligible data center and geothermal projects may receive optional state certification for streamlined review.
Public agencies must apply California’s environmental review law to covered data center projects. They cannot use a categorical exemption, though several public, utility, and university facilities are excluded.
The Governor may certify a data center for streamlined environmental review only if it meets energy, water, cost, and community benefit rules. Certification is optional.
The Governor may certify a geothermal powerplant for streamlined environmental review if it meets specified renewable energy and other legal requirements.
For qualifying data center and geothermal projects, agencies must measure greenhouse gas emissions and follow an order for reducing or offsetting them.
Public agencies must apply CEQA review to covered data center projects and cannot exempt them categorically. This covers projects proposed by a public agency to develop or operate a data center, including related permits and approvals. Excluded from this data center definition are publicly funded research and national security facilities, public safety and publicly owned facilities, other utility facilities, and research facilities run by independent higher education institutions.
The Governor may certify qualifying data center projects as environmental leadership projects. This applies to a data center project that the lead agency certifies meets the statutory conditions. The lead agency must certify that the project meets all listed conditions, including covering its full connection and grid investment costs, not increasing fossil fuel use in California, and meeting zero-carbon energy and water requirements. The project must have enforceable agreements to pay grid costs and provide benefits identified with nearby affected communities. The applicant must meet the other energy, emissions, and statutory requirements. Statewide standards for meeting the conditions must be developed for certified data center projects.
The Governor may certify qualifying geothermal powerplants as environmental leadership projects. This applies to geothermal powerplants that meet the specified eligibility requirements. The lead agency must certify that the powerplant meets specified renewable energy criteria and other listed legal requirements. The Governor decides whether to certify the project.
Lead agencies must quantify and mitigate greenhouse gas emissions for qualifying data center and geothermal projects under the specified rules. This applies to data center and geothermal projects covered by the environmental leadership project provisions. Agencies must first seek direct project emission cuts, then local reductions, then local offsets, and finally offsets that directly benefit the region if earlier steps cannot fully address impacts.
No hearings or votes scheduled.