AMENDMENT TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on November 17, 2023, effective December 31, 2023 Rule 3.2200. Application ........................................................................................... 2 1 Rule 3.2220.

Definitions and application .................................................................. 2 2 (

b) Proceedings governed ....................................................................................... 2 3 (c) *** .................................................................................................................... 3 4 Rule 3.2221. Time...................................................................................................... 3 5 (a) *** .................................................................................................................... 3 6 Rule 3.2223.

Petition.................................................................................................. 4 7 Rule 3.2240. Trial court costs in certain streamlined CEQA projects ....................... 5 8 Rule 8.700.

Definitions and application .................................................................... 5 9 (b) *** .................................................................................................................... 6 10 Rule 8.702. Appeals ................................................................................................... 6 11 (

f) Briefing ............................................................................................................. 6 12 (g) *** .................................................................................................................... 7 13 Rule 8.703. Writ proceedings .................................................................................... 7 14 Rule 8.705. Court of Appeal costs in certain streamlined CEQA projects ................ 8 15 16 17

2 Rule 3.2200. Application 1 2 Except as otherwise provided in

chapter 2 of the rules in this division, which govern 3 actions under Public Resources Code sections 21168.6.6–21168.6.9, 21178–21189.3, 4 21189.50–21189.57, and 21189.70–21189.70.10, and 21189.80–21189.91, the rules in 5 this

chapter apply to all actions brought under the California Environmental Quality Act 6 (CEQA) as stated in division 13 of the Public Resources Code. 7 8 Rule 3.2200 amended effective December 31, 2023; adopted effective July 1, 2014; previously 9 amended effective January 1, 2017, March 11, 2022, and January 1, 2023. 10 11 12 Rule 3.2220.

Definitions and application 13 14 (

a) Definitions 15 16 As used in this chapter: 17 18

(1) A “streamlined CEQA project” means any project within the

definitions 19 stated in (2) through (8)(9). 20 21 (2)–(8) *** 22 23

(9) An “infrastructure project” means an “energy infrastructure project,” a 24 “semiconductor or microelectronic project,” a “transportation-related 25 project,” or a “water-related project” as defined in Public Resources Code 26

section 21189.81 and certified by the Governor under Public Resources Code 27 sections 21189.82 and 21189.83. 28 29 (Subd (

a) amended December 31, 2023; previously amended effective January 1, 2017, 30 March 11, 2022, January 1, 2023.) 31 32 (

b) Proceedings governed 33 34 The rules in this

chapter govern actions or proceedings brought to attack, review, 35 set aside, void, or annul the certification of the environmental impact report or the 36 grant of any project approvals for a streamlined CEQA project. Except as otherwise 37 provided in Public Resources Code sections 21168.6.6–21168.6.9, 21178–21189.3, 38 21189.50–21189.57, and 21189.70–21189.70.10, and 21189.80–21189.91 and 39 these rules, the provisions of the Public Resources Code and the CEQA Guidelines 40 adopted by the Natural Resources Agency (Cal.

Code Regs., tit. 14, § 15000 et 41 seq.) governing judicial actions or proceedings to attack, review, set aside, void, or 42 annul acts or decisions of a public agency on the grounds of noncompliance with 43

3 the California Environmental Quality Act and the rules of court generally apply in 1 proceedings governed by this rule. 2 3 (Subd (

b) amended effective December 31, 2023; previously amended effective January 1, 4 2017, March 11, 2022, and January 1, 2023.) 5 6 (c) *** 7 8 Rule 3.2220 amended effective December 31, 2023; adopted effective July 1, 2014; previously 9 amended effective January 1, 2017, March 11, 2022, and January 1, 2023. 10 11 12 Rule 3.2221. Time 13 14 (a) *** 15 16 (

b) Extensions of time by parties 17 18 If the parties stipulate to extend the time for performing any acts in actions 19 governed by these rules, they are deemed to have agreed that the statutorily 20 prescribed time for resolving the action may be extended by the stipulated number 21 of days of the extension, and to that extent to have waived any objection to 22 noncompliance with the deadlines for completing review stated in Public Resources 23 Code sections 21168.6.6–21168.6.9, 21185, 21189.51, and 21189.70.3, and 24 21189.85. Any such stipulation must be approved by the court. 25 26 (Subd (

b) amended effective December 31, 2023; previously amended effective January 1, 27 2017, March 11, 2022, and January 1, 2023.) 28 29 (

c) Sanctions for failure to comply with rules 30 31 If a party fails to comply with any time requirements provided in these rules or 32 ordered by the court, the court may issue an order to show cause as to why one of 33 the following sanctions should not be imposed: 34 35 (1)–(2) *** 36 37

(3) If the failure to comply is by respondent or a real party in interest, removal of 38 the action from the expedited procedures provided under Public Resources 39 Code sections 21168.6.6–21168.6.9, 21185, 21189.51, and 21189.70.3, and 40 21189.85, and these rules; or 41 42 (4) *** 43

4 (Subd (

c) amended effective December 31, 2023; previously amended effective January 1, 1 2017, March 11, 2022, and January 1, 2023.) 2 3 Rule 3.2221 amended effective December 31, 2023; adopted effective July 1, 2014; previously 4 amended effective January 1, 2017, March 11, 2022, and January 1, 2023. 5 6 7 Rule 3.2223. Petition 8 9 In addition to any other applicable requirements, the petition must: 10 11 (1) *** 12 13

(2) State one of the following: 14 15 (

A) The proponent of the project at issue provided notice to the lead agency 16 that it was proceeding under Public Resources Code

section 21168.6.6, 17 21168.6.7, 21168.6.8, or 21168.6.9 (whichever is applicable) and is 18 subject to this rule; or 19 20 (

B) The proponent o f the project at issue provided notice to the lead agency 21 that it was proceeding under Public Resources Code sections 22 21189.80–21189.91 and is subject to this rule; or 23 24 (B)(C) *** 25 26 (C)(D) *** 27 28 (D)(E) *** 29 30

(3) If an environmental leadership development, Oakland ballpark, or Inglewood 31 arena project, energy infrastructure project, semiconductor or microelectronic 32 project, or water-related project, provide notice that the person or entity that 33 applied for certification of the project as such a project must make the 34 payments required by rule 3.2240 and, if the matter goes to the Court of 35 Appeal, the payments required by rule 8.705; 36 37 (4)–(5) *** 38 39 Rule 3.2223 amended effective December 31, 2023; adopted effective July 1, 2014; previously 40 amended effective January 1, 2017, March 11, 2022, and January 1, 2023. 41 42 43

5 Rule 3.2240. Trial court costs in certain streamlined CEQA projects 1 2 In fulfillment of the provisions in Public Resources Code sections 21168.6.7, 21168.6.8, 3 21168.6.9, and 21183, and 21189.82 regarding payment of trial court costs with respect 4 to cases concerning environmental leadership development, environmental leadership 5 transit, Oakland ballpark, and Inglewood arena, energy infrastructure, semiconductor or 6 microelectronic, or water-related projects: 7 8

(1) Within 10 days after service of the petition or complaint in a case concerning an 9 environmental leadership development project, the person or entity that applied for 10 certification of the project as an environmental leadership development project 11 must pay a fee of $180,000 to the court. 12 13

(2) Within 10 days after service of the petition or complaint in a case concerning an 14 energy infrastructure project, a semiconductor or microelectronic project, or a 15 water-related project, the project applicant, if the applicant is not the lead agency, 16 must pay a fee of $180,000 to the court. 17 18 (2)(3) (2)(3) (2)(3) *** 19 20 (3)(4) (3)(4) (3)(4) *** 21 22 (4)(5) (4)(5) (4)(5) *** 23 24 (5)(6) (5)(6) (5)(6) *** 25 26 (6)(7) (6)(7) (6)(7) *** 27 28 Rule 3.2240 amended effective December 31, 2023;adopted effective March 11, 2022; previously 29 amended effective January 1, 2023. 30 31 32 Rule 8.700.

Definitions and application 33 34 (

a) Definitions 35 36 As used in this chapter: 37 38

(1) A “streamlined CEQA project” means any project within the

definitions 39 stated in (2) through (8)(9). 40 41 (2)–(8) *** 42 43

(9) An “infrastructure project” means an “energy infrastructure project,” a 1 “semiconductor or microelectronic project,” a “transportation-related 2 project,” or a “water-related project” as defined in Public Resources Code 3

section 21189.81 and certified by the Governor under Public Resources Code 4 sections 21189.82 and 21189.83 5 6 (Subd (

a) amended effective December 31, 2023; previously amended effective January 1, 7 2017, March 11, 2022, and January 1, 2023.) 8 9 (b) *** 10 11 Rule 8.702. Appeals 12 13 (a) *** 14 15 (

b) Notice of appeal 16 17 (1) *** 18 19

(2) Contents of notice of appeal 20 21 The notice of appeal must: 22 23 (A)–(B) *** 24 25 (

C) If the judgment or order being appealed pertains to an environmental 26 leadership development project, an Oakland ballpark project, or an 27 Inglewood arena project, an energy infrastructure project, a 28 semiconductor or microelectronic project, or a water-related project, 29 provide notice that the person or entity that applied for certification or 30 approval of the project as such a project must make the payments 31 required by rule 8.705; and 32 33 (D) *** 34 35 (Subd (

b) amended effective December 31, 2023; previously amended effective January 1, 36 2016, and January 1, 2017, March 11, 2022, and January 1, 2023.) 37 38 (c)–(e) *** 39 40 (

f) Briefing 41 42 (1)–(3) *** 43

7 1

(4) Extensions of time to file briefs 2 3 If the parties stipulate to extend the time to file a brief under rule 8.212(b), 4 they are deemed to have agreed that the statutorily prescribed time for 5 resolving the action may be extended by the stipulated number of days of the 6 extension for filing the brief and, to that extent, to have waived any objection 7 to noncompliance with the deadlines for completing review stated in Public 8 Resources Code sections 21168.6.6–21168.6.9, 21185, 21189.51, and 9 21189.70.3, and 21189.85 for the duration of the stipulated extension. 10 11 (5) * ** 12 13 (Subd (

f) amended effective December 31, 2023; previously amended effective January 1, 14 2017, March 11, 2022, January 1, 2023.) 15 16 (g) *** 17 18 Rule 8.702 amended effective December 31, 2023; adopted effective July 1, 2014; previously 19 amended effective January 1, 2016, January 1, 2017, March 11, 2022, and January 1, 2023. 20 21 22 Rule 8.703. Writ proceedings 23 24 (a) *** 25 26 (

b) Petition 27 28 (1) *** 29 30

(2) Contents of petition 31 32 In addition to any other applicable requirements, the petition must: 33 34 (A)–(B) *** 35 36 (

C) If the judgment or order pertains to an environmental leadership 37 development project, an Oakland ballpark project, or an Inglewood 38 arena project, an energy infrastructure project, a semiconductor or 39 microelectronic project, or a water-related project, provide notice that 40 the person or entity that applied for certification of the project as such a 41 project must make the payments required by rule 8.705; and 42 43

8 (D) *** 1 2 Subd (

b) amended effective December 31, 2023; previously amended effective January 1, 3 2016, and January 1, 2017, March 11, 2022, January 1, 2023.) 4 5 Rule 8.703 amended effective December 31, 2023; adopted effective July 1, 2014; previously 6 amended effective January 1, 2016, January 1, 2017, March 11, 2022, and January 1, 2023. 7 8 Rule 8.705.

Court of Appeal costs in certain streamlined CEQA projects 9 10 In fulfillment of the provisions in Public Resources Code sections 21168.6.7, 21168.6.8, 11 21168.6.9, and 21183, and 21189.82 regarding payment of the Court of Appeal’s costs 12 with respect to cases concerning environmental leadership development, environmental 13 leadership transit, Oakland ballpark, and Inglewood arena, energy infrastructure, 14 semiconductor or microelectronic, or water-related projects: 15 16

(1) Within 10 days after service of the notice of appeal or petition in a case concerning 17 an environmental leadership development project, the person or entity that applied 18 for certification of the project as an environmental leadership development project 19 must pay a fee of $215,000 to the Court of Appeal. 20 21

(2) Within 10 days after service of the petition or complaint in a case concerning an 22 energy infrastructure project, a semiconductor or microelectronic project, or a 23 water-related project, the project applicant, if the applicant is not the lead agency, 24 must pay a fee of $215,000 to the court. 25 26 (2) (3) *** 27 28 (3)(4) (3)(4) (3)(4) *** 29 30 (4)(5) (4)(5) (4)(5) *** 31 32 (5)(6) (5)(6) (5)(6) *** 33 34 (6)(7) (6)(7) (6)(7) *** 35 36 Rule 8.705 amended effective December 31, 2023; adopted effective July 1, 2014, previously 37 amended effective March 11, 2022, and January 1, 2023. 38 39