California Public Resources Code

§ 21189.83

PRC § 21189.83 Effective Jul 10, 2023Div. 13 · Ch. 7

Statute text

(a)In addition to the requirements of Section 21189.82, with respect to any energy infrastructure project or semiconductor or microelectronic project proposed by a private entity, the Governor may certify the project pursuant to this chapter only if the project does not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation. For purposes of this section, a project is deemed to meet the requirements of this section if the applicant demonstrates to the satisfaction of the Governor that the applicant has a binding commitment that it will mitigate impacts resulting from the emission of greenhouse gases, if any, in accordance with Section 21183.6.

(b)In addition to the requirements of Section 21189.82, with respect to any transportation-related project, the Governor may certify the project pursuant to this chapter only if the project does not result in any net additional emission of greenhouse gases, excluding greenhouse gas emissions from employee transportation. For purposes of this section, a project is deemed to meet the requirements of this section if the applicant demonstrates to the satisfaction of the Governor that the applicant has a binding commitment that it will mitigate impacts resulting from the emission of greenhouse gases, if any, preferably through direct emissions reductions where feasible, but where not feasible, then through the use of offsets that are real, permanent, verifiable, and enforceable, and that provide a specific, quantifiable, and direct environmental and public health benefit to the same air pollution control district or air quality management district in which the project is located, but if all of the project impacts cannot be feasibly and fully mitigated in the same air pollution control district or air quality management district, then remaining unmitigated impacts shall be mitigated through the use of offsets that provide a specific, quantifiable, and direct environmental and public health benefit to the region in which the project is located.

(c)The applicant shall be responsible for the costs of preparing an analysis of the emission of greenhouse gases resulting from the project.

Legislative history

Added by Stats. 2023, Ch. 60, Sec. 6. (SB 149) Effective July 10, 2023. Repealed as of January 1, 2034, pursuant to Section 21189.91.