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California lawmakers propose fixes to CEQA rollback

Assemblymember Connolly introduced a bill, AB 1083, to address major flaws in the June budget trailer bill, SB 131 that gutted our CEQA protections. Principal co-authors include the North Coast’s very own Chris Rogers, as well as Assemblymembers Schultz, Ward, and Zbur and Senators Allen, Blakespear, Durazo, Menjivar, Padilla, and Pérez. Additional co-authors on the Assembly side include Addis, Bennett, Garcia, Hart, Irwin, Kalra, Krell, Lee, Muratsuchi, and Celeste Rodriguez.


The authors released this bill after many legislators expressed outrage at Senate and Assembly Budget Committee hearings this week that SB 131’s worst provisions remained unchanged despite promises from Leadership to fix them. The Legislature will vote on AB 1083 in January 2026. In the meantime, we are urging more legislators to join as co-authors, to protect their constituents and uphold the Legislature's commitment to Californians.


AB 1083 will restore essential CEQA protections for communities and the environment. Specifically, the bill:


  1. Replaces the broad CEQA exemption for “advanced manufacturing” with a narrow exemption limited to semiconductor manufacturing that is located on sites that were zoned exclusively for heavy industrial uses on or before August 1, 2025. To qualify for the exemption, the project must comply with the following requirements:

    1. The lead agency has prepared and publicly circulated a cumulative health risk assessment of the project and held a public hearing to discuss the assessment at least 60 days before the lead agency approves the project.

    2. The project does not result in any significant effects relating to noise, traffic, air quality, hazards, hazardous materials, public health, greenhouse gas emissions, or water quality.

    3. The project is not located within a health protection zone, or otherwise within    3,200 feet of a sensitive receptor.

    4. The project is not located in or within 1,000 feet of a disadvantaged community.

    5. The project does not involve the storage, use, or discharge of extremely hazardous gases or chemicals above California’s accidental release program reporting thresholds.

    6. The project does not use, collect, involve the incineration of, or discharge of perfluoroalkyl and polyfluoroalkyl substances (otherwise known as PFAS, or “forever chemicals”) into any surface water, groundwater, publicly owned treatment works, or land.

    7. The project does not compromise the reliability of electrical or water services to existing customers, including, but not limited to, disadvantaged communities.

    8. The project applicant demonstrates “high road” employment standards and  certifies that it will maintain those standards in the development, construction, and operation of the facility.

    9. The project applicant has entered into a community benefits agreement that includes enforceable commitments to environmental mitigations, high road employment standards, and job access for individuals with employment barriers.

    10. The project applicant has provided a binding commitment to comply with specified labor-related requirements with respect to the initial construction of the facility and subsequent maintenance that is contracted out to a contractor in the construction industry.


This exemption expires on January 1, 2030. The bill requires that, by January 1, 2029, the Office of Land Use and Climate Innovation report to the Legislature on the projects that were exempted under this provision. The report must include a list of all semiconductor manufacturing facilities that were approved in the state since June 30, 2025, the location of each of these projects, whether they are in or adjacent to a disadvantaged community, and whether each project was approved with an exemption, negative declaration, or final environmental review.

 

  1. Expands SB 131’s protection for sensitive habitat areas to include (a) habitat for species identified as candidate, sensitive, or species of special status under the federal and state Endangered Species Acts or the state Native Plant Protection Act; and (b) lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

  2. Amends SB 131’s exemption for a rezoning that implements the schedule of actions contained in an approved housing element, in two ways. First, it replaces “that implement” with “to the extent that it is necessary to implement.” Second, it excludes tourism facilities (e.g., hotels, resorts) from this exemption.

  3. Amends SB 131’s “near miss” provision to exclude tourism facilities. (This provision specified that if a housing development project would be exempt but for a single condition, the environmental review for the project would be limited to the impacts associated with that “missed” condition.)

  4. Removes SB 131’s provision that allowed lead agencies to exclude most internal agency emails from administrative records used in CEQA litigation. This change restores CEQA’s original requirements governing comments of administrative records.

 
 
 

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The Environmental Protection Information Center (EPIC) is a grassroots 501(c)(3) non-profit environmental organization founded in 1977 that advocates for the science-based protection and restoration of Northwest California’s forests, watersheds, and wildlife with an integrated approach combining public education, citizen advocacy, and strategic litigation.

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