Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities
Cal. PRC § 25545.13
California Statutes
(
a) A site and related facility certified under this
chapter is deemed an environmental leadership development project certified by the Governor under
Chapter 6.5 (commencing with
Section 21178) of Division and eligible for the procedures established under
Section 21185, with no further action by the applicant or the Governor, if the commission verifies that the conditions in
Chapter 6.5 (commencing with
Section 21178) of Division 13, including Sections and 21183.6, are met and prepares the record of the proceedings concurrently with its review of the application and certifies the record of proceedings within five days of certification. (
b) On and after January 1, 2026, if
Chapter 6.5 (commencing with
Section 21178) of Division is inoperative or repealed, the procedures established pursuant to subdivision (
c) shall apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report or the issuance of the certification for any site and related facility subject to this chapter, if the commission prepares the administrative record of the proceedings concurrently with its review of the application and certifies the administrative record within five days of certification. (
c) On or before December 31, 2023, the Judicial Council shall adopt a rule of court to establish procedures that require actions or proceedings brought to attack, review, set aside, void, or annul the certification of an environmental impact report or the issuance of the certification for any site and related facility subject to this chapter, including any potential appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within days of the filing of the certified administrative record with the court.