California Environmental Quality Act: essential local fire station projects: infrastructure project streamlining.
What changed between versions
Section 21080.74.5 is entirely deleted. This section had allowed a lead agency, at its own discretion, to determine that an essential local fire station project was eligible for judicial streamlining based on substantial evidence in the record. It also required the Judicial Council to adopt rules of court by July 1, 2027 specific to fire station project litigation.
Essential local fire station projects are now defined in Section 21189.81(e) and certified by the Governor under Section 21189.82(a)(5), making them a fifth category of 'infrastructure project' alongside energy, semiconductor, transportation, and water projects. The Governor's certification carries the same streamlining benefits (including the 270-day judicial resolution requirement) that apply to other certified infrastructure projects.
The definition of who can undertake a fire station project was broadened from 'a city, county, or local fire agency' to 'a city, county, city and county, or local fire agency,' explicitly including consolidated city-county governments (such as San Francisco).
Site restrictions (farmland, wetlands, hazardous waste sites, floodplains, earthquake fault zones, conservation lands, protected species habitat, conservation easements) were moved from being lead-agency determinations made case-by-case to being fixed definitional requirements that the project must meet to qualify as an 'essential local fire station project.'
The requirement for the Judicial Council to adopt specific rules of court by July 1, 2027 for fire station project litigation is removed. Fire station projects would instead fall under the general judicial streamlining rules already applicable to Governor-certified infrastructure projects.
Subdivision letter designations in Section 21189.81 were renumbered to accommodate the new subdivision (e) for essential local fire station projects, and all cross-references throughout the bill were updated accordingly (e.g., water-related project references changed from subdivision (h)(i) to subdivision (i)).