Amended IN Assembly March 20, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1156Introduced by Assembly Member WicksFebruary 20, 2025An act to amend Section 51190 of the Government Code, relating to local government. An act to amend Sections 51190, 51191, 51191.1, 51191.2, 51191.3, 51191.4, 511991.5, 51192, and 51192.1 of, to repeal Section 51192.2 of, and to repeal and add Section 51255.1 of, the Government Code, and to amend Section 21080 of the Public Resources Code, relating to solar-use easements.LEGISLATIVE COUNSEL'S DIGESTAB 1156, as amended, Wicks. Agricultural land use: conversion to solar-use easements. Solar-use easements: suspension of Williamson Act contracts: terms of easement: termination.The California Land Conservation Act of 1965, otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. The act authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement if approved by the Department of Conservation, as specified. Existing law defines the term solar-use easement for these purposes to mean any right or interest acquired by a county, or city in a parcel or parcels determined to be eligible, as provided, where the deed or other instrument granting the right or interest imposes certain restrictions that effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy and certain other incidental or subordinate uses or other alternative renewable energy facilities. This bill would revise the definition of the term solar-use easement to, among other changes, include a right or interest acquired by the Energy Commission, and to expand the authorized uses of the land under the easement to include solar energy storage and appurtenant renewable energy facilities. The bill would make various conforming changes in this regard. The bill would revise the conditions under which the land subject to a Williamson Act contract may be subject to a solar-use easement, as described above, to instead require the suspension of the Williamson Act contract for the term of the solar-use easement, rather than the rescission of the contract, if the Department of Conservation determines that the parcel is eligible to be placed in the easement, as specified.Under existing law, the Department of Conservation, in consultation with the Department of Food and Agriculture, and upon a request from a city or county, may determine that a parcel is eligible for rescission of a Williamson Act contract for placement into a solar-use easement, as provided. Existing law requires that the parcel meet certain criteria in order to be eligible under these provisions, including that the land meet 1 of 2 specified alternative criteria relating to the use of the land for agricultural purposes and the parcel not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as specified.This bill would revise these provisions to authorize the Department of Conservation to determine that a parcel is eligible for suspension, as described above, upon the request of the landowner, instead of a request from a county or city, and would require the department to additionally make that determination in consultation with any applicable groundwater sustainability agency or services. The bill would revise the eligibility criteria for a parcel to be deemed eligible under these provisions by (1) additionally authorizing land for which there are or will be insufficient surface water or groundwater rights associated with the land to support commercially viable irrigated agricultural use; (2) deleting the requirement that the land not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance; and (3) additionally requiring that the land meet certain additional requirements relating to the lands historical use as cropland and whether it is encumbered by a conservation easement or enrolled in a land conservation program, as specified. The bill would also require the Department of Conservation to issue its determination of eligibility within 120 days following submission of a completed application package, and would deem any application not rejected within this 120-day period to be approved.Existing law authorizes a county or city to require a solar-use easement deed or restriction to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar facilities. Under existing law, these restrictions, conditions, or covenants may include, among other things, mitigation measures on the land that is subject to the solar-use easement and mitigation measures beyond the land that is subject to the solar-use easement. For term easements or self-renewing easements, existing law requires that the restrictions, conditions, or covenants include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished.This bill would delete the above-described provisions relating to mitigation measures on or beyond the land that is subject to a solar-use easement. The bill would also delete the above-described requirement that a landowner post a performance bond or other securities in relation to a term easement or self-renewing easement.Existing law, during the term of a solar-use easement, prohibits the approval of any land use on the land covered by the easement and the issuance of a building permit for a structure that would violate the easement. Existing law requires the county or city to seek an injunction against any construction or other development or activity that would violate the easement and, if the county or city fails to do so or if the county or city engages in specified activity in violation of the easement, authorizes a person or entity to seek an injunction. Existing law authorizes a court to award a plaintiff who prevails in an action under these provisions the costs of their litigation, including reasonable attorneys fees.This bill would additionally prohibit the issuance of a construction notice to proceed that would violate the easement. The bill would also remove the above-described authorization of a person or entity to seek the injunction. The bill would also delete the authority of the court to award litigation costs to a prevailing plaintiff. Existing law authorizes a solar-use easement to be extinguished by nonrenewal, termination, or returning the land to the previous Williamson Act contract. If the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of a parcel, existing law requires that party to serve written notice of nonrenewal of the easement, as specified. If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, existing law provides that the existing solar-use easement remains in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be.The bill would additionally authorize the termination of a solar-use easement by mutual consent, and would make various conforming changes in that regard. The bill would also revise the above-described provisions relating to service of written notice to instead only require a landowner to issue that notice. The bill would delete the above-described provisions relating to the remaining effect of the easement following service of a notice of intent.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA exempts from its provisions various activities, including ministerial projects proposed to be carried out or approved by public agencies.This bill would exempt entry into or recordation of a solar-use easement under the above-described provisions from CEQA.Existing law, the California Land Conservation Act of 1965, otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. Existing law authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement, if the parcel is determined eligible by the Department of Conservation, as specified.Existing law defines a solar-use easement, for these purposes, as any right or interest acquired by a county or city in a parcel if the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, effectively restrict the use of the land to photovoltaic solar facilities or other alternative renewable energy facilities, as specified. Existing law requires a solar-use easement to contain a covenant with the county or city running with the land, either in perpetuity or for a term of years, that the landowner shall not construct improvements except those for which the right is expressly reserved in the instrument, as specified.This bill would, instead, require the right or interest in the parcel acquired by the city or county described above to be for a term of years, rather than an indefinite period, and the covenant with the county or city contained in the easement described above to run with the land for a term of years, rather than indefinitely. The bill would make these changes applicable only to easements rescinded and converted to solar use pursuant to these provisions after January 1, 2026.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 51190 of the Government Code is amended to read:51190. As used in this chapter, the following terms have the following meanings:(a) City means any city or city and county.(b) Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.(c) Solar-use easement means any right or interest acquired by a county, city, or city in perpetuity, the Energy Commission for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection collection, storage, and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural, agricultural or open-space uses, or other alternative or appurtenant renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, city, or city Energy Commission running with the land, either in perpetuity or land for a term of years, years that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic facilities. and appurtenant clean energy facilities, during which time any agricultural land conservation contract binding all or a portion of the land under the solar-use easement and meeting the criteria set forth in subdivision (a) of Section 51191 would be suspended.SEC. 2. Section 51191 of the Government Code is amended to read:51191. (a) For purposes of this chapter, and for purposes of Chapter 7 (commencing with Section 51200), the Department of Conservation, in consultation with the Department of Food and Agriculture, and any applicable groundwater sustainability agency or services, upon a request from a city or county, landowner may determine, based on substantial evidence, that a parcel or parcels is eligible for rescission suspension of an agricultural land conservation contract under Section 51255.1 for placement into a solar-use easement if all of the following criteria are met:(1) The land meets either one or more of the following: following criteria:(A) The land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to chemical or physical limitations, topography, drainage, flooding, adverse soil conditions, or other physical reasons.(B) The land has severely adverse soil conditions that are detrimental to continued agricultural activities and production. Severely adverse soil conditions may include, but are not limited to, contamination by salts or selenium, or other naturally occurring contaminants.(C) There are or will be insufficient surface water or groundwater rights associated with the land to support commercially viable irrigated agricultural use.(2) The land meets both of the following criteria:(A) The parcel or parcels have an average grade of less than 10 percent and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.(2)(B) The parcel or parcels are not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Natural Resources Agency, unless the Department of Conservation, in consultation with the Department of Food and Agriculture, determines that encumbered by a parcel conservation easement or parcels are eligible to be placed enrolled in a solar-use easement based on land conservation program, the information provided in subdivision (b) that demonstrates that circumstances exist that limit the use primary purpose of which is the parcel for agricultural activities. For purposes protection of this section, the important farmland designations shall not be changed solely due to irrigation status. resources other than agriculture, such as recreation, grazing, open space, or biological resources.(b) To assist in the determination described in this section, the city city, county, or county Energy Commission shall require the landowner to provide to the Department of Conservation the following information to the extent applicable:(1) A written narrative demonstrating that even under the best currently available management practices, continued commercially viable agricultural practices would be substantially limited due to the soils reduced agricultural productivity from chemical or physical limitations.(2) A recent soil test demonstrating that the characteristics of the soil significantly reduce its commercial agricultural productivity.(3) An analysis of water availability demonstrating the insufficiency of water supplies for continued commercially viable agricultural production. production, including insufficiency based on planned consolidation of water resources on more productive parcels.(4) An analysis of water quality demonstrating that continued commercial agricultural production would, under the best currently available management practices, be significantly reduced.(5) Crop and yield information for the past six years.(c) The landowner shall provide the Department of Conservation with a proposed management plan describing how the soil will be managed during the life of the easement, how impacts to adjacent agricultural operations will be minimized, how the land will be restored to its previous general condition, as it existed at the time of project approval, upon the termination of the easement. If the Department of Conservation determines, in consultation with the Department of Food and Agriculture, and applicable groundwater sustainability agency or agencies, pursuant to subdivision (a), that lands are subject to this section, the city city, county, or county Energy Commission shall require implementation of the management plan, which shall include any recommendations provided by the Department of Conservation, as part of any project approval.(d) A determination of eligibility by the Department of Conservation pursuant to this section related to a project described in Section 21080 of the Public Resources Code shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code.(e) The Department of Conservation shall issue its determination of eligibility within 120 days following submission of a completed application package. Any application not rejected within this 120-day period shall be deemed approved.(e)(f) The Department of Conservation may establish a fee to be paid by the landowner to recover the estimated costs incurred by the department in participating in the consultation described in this section.SEC. 3. Section 51191.1 of the Government Code is amended to read:51191.1. Any county or city may city, or the Energy Commission, may, upon request from a landowner and a determination of eligibility in accordance with subdivision (a) of Section 51191, enter into an agreement with a landowner pursuant to Section 51255.1 to use lands determined to be eligible pursuant to subdivision (a) of Section 51191 in a solar-use easement in the manner provided in this chapter.SEC. 4. Section 51191.2 of the Government Code is amended to read:51191.2. The execution and acceptance of a deed or other instrument described in subdivision (c) of Section 51190 shall constitute a dedication to the public of the use of lands for solar photovoltaic use. Any term easement and covenant under this chapter shall run for a term of not less than 20 years unless a shorter term is requested by the landowner, in which case the term may be not less than 10 years. A solar-use easement for a term of years may provide that on the anniversary date of the acceptance of the solar-use easement, or on any other annual date as specified by the deed or other instrument described in subdivision (c) of Section 51190, a year shall be added automatically to the initial term unless a notice of nonrenewal is given served as provided in Section 51192.SEC. 5. Section 51191.3 of the Government Code is amended to read:51191.3. (a) A county or city city, or the Energy Commission, may require a deed or other instrument described in subdivision (c) of Section 51190 to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar and appurtenant facilities.(b) The restrictions, conditions, deed or covenants restriction may include, but are is not limited to, the following: (1)Mitigation measures on the land that is subject to the solar-use easement. (2)Mitigation measures beyond the land that is subject to the solar-use easement. (3)(1) If deemed necessary by the city city, county, or county Energy Commission to ensure that decommissioning requirements are met, the provision for financial assurances, such as performance bonds, letters of credit, a corporate guarantee, or other securities to fund, upon the cessation of the solar photovoltaic use, the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of that easement by the time that the easement terminates. However, any decommissioning requirement shall not be in addition to other state or local requirements that ensure decommissioning of the facility. Salvage value shall not be precluded from the calculation of the cost of decommissioning.(4)(2) Provision for necessary amendments by the parties provided that the amendments are consistent with the provisions of this chapter.(c) For term easements or self-renewing easements, the restrictions, conditions, or covenants shall include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished. The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) to implement this subdivision. section.SEC. 6. Section 51191.4 of the Government Code is amended to read:51191.4. No A deed or other instrument described in subdivision (c) of Section 51190 shall not be effective until it has been accepted or approved by resolution of the governing body of the county or city and its acceptance endorsed thereon. or the Energy Commission accepts the deed or instrument.SEC. 7. Section 51191.5 of the Government Code is amended to read:51191.5. (a) During the term of the solar-use easement, the county county, city, or city Energy Commission shall not approve any land use on land covered by a solar easement that is inconsistent with the easement, and no building permit or construction notice to proceed may be issued for any structure that would violate the easement. The county or city shall seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement. If the county or city fails to seek an injunction against any threatened construction or other development or activity on the land that would violate the easement or to seek a mandatory injunction requiring the removal of any structure erected in violation of the easement, or if the county or city should construct any structure or development or conduct or permit any activity in violation of the easement, a person or entity may, by appropriate proceedings, seek an injunction. (b)The court may award to a plaintiff who prevails in an action authorized by this section his or her cost of litigation, including reasonable attorneys fees. (c)(b) Nothing in this chapter shall limit the power of the state or any county, city, school district, or any other local public district, agency, or entity, or any other person authorized by law, to acquire land subject to a solar-use easement by eminent domain.SEC. 8. Section 51192 of the Government Code is amended to read:51192. (a) A solar-use easement may be extinguished on all or a portion of the parcel only by nonrenewal, termination, by mutual consent, or by returning the land to its previous contract pursuant to Article 3 (commencing with Section 51240) of Chapter 7.(b) (1)If either the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of the parcel, that party the landowner shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed as provided in Section 51191.2. (2)Upon receipt by the owner of a notice from the county or city of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county or city may, at any time prior to the renewal date, withdraw the notice of nonrenewal. (c)If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, the existing solar-use easement shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be. SEC. 9. Section 51192.1 of the Government Code is amended to read:51192.1. In the case of a solar-use easement that is extinguished because of a notice of nonrenewal by the landowner or landowner, due to termination, or mutual consent, the landowner shall restore the land that is subject to the easement to the conditions that existed before the approval of the easement by the time the easement is extinguished. extinguished, and the suspension of the land conservation contract shall terminate and the contract once again be in full force and effect.SEC. 10. Section 51192.2 of the Government Code is repealed.51192.2.(a)If all or a portion of the parcel held in a solar-use easement will no longer be used for the purposes outlined in the easement the landowner may petition the county or city to approve termination of the easement.(b)Prior to any action by the county or city giving tentative approval to the termination of any easement, the county assessor of the county in which the land is located shall determine the current fair market value of the parcel or parcels to be terminated as though the parcel or parcels were free of the easement restriction. The assessor shall certify to the county or city the termination valuation of the parcel or parcels for the purpose of determining the termination fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the parcel or parcels as though the parcel or parcels were free of the easement restriction and advise the parties, that upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon completion of all actions relating to valuation or termination of the easement on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.(c)Prior to giving tentative approval to the termination of any easement, the county or city shall determine and certify to the county auditor the amount of the termination fee that the landowner shall pay the county treasurer upon termination. That fee shall be an amount equal to 1212 percent of the termination valuation of the property.(d)If it finds that it is in the public interest to do so, the county or city may waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment contingent upon the future use made of the parcel or parcels and the parcel or parcels economic return to the landowner for a period of time not to exceed the unexpired period of the easement, had it not been terminated, if both of the following occur:(1)The termination is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner.(2)The waiver or extension of time is approved by the Secretary of the Natural Resources Agency. The secretary shall approve a waiver or extension of time if the secretary finds that the granting of the waiver or extension of time by the county or city is consistent with the policies of this chapter and that the county or city complied with this article. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the county or city, the evidence in the record of the county or city, and any other evidence the secretary may receive concerning the termination, waiver, or extension of time.(e)When termination fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (b) of Section 51203 or subdivision (d) of Section 51283.(f)It is the intent of the Legislature that fees paid to terminate a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property.SEC. 11. Section 51255.1 of the Government Code is repealed.51255.1.(a)Notwithstanding any other provision of this chapter, the parties may, upon their mutual agreement, rescind a contract for a parcel or parcels of land that, upon review and approval, are determined by the Department of Conservation to be eligible to be placed into a solar-use easement pursuant to Section 51191 in order to simultaneously enter into a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190). This action may be taken notwithstanding the prior serving of a notice of nonrenewal.(b)Nothing in this section limits the ability of the parties to a contract to seek nonrenewal or to petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract termination, Williamson Act compliance, or a county finding that a solar facility is a compatible use pursuant to this chapter.(c)(1)Prior to the board or council agreeing to mutually rescind a contract pursuant to this section, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the fair market valuation of the land for the purpose of determining the rescission fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the land as though it were free of the contractual restriction and advise the parties that, upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon termination of all actions relating to valuation or rescission of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.(2)Prior to agreeing to mutually rescind a contract pursuant to this section, the board or council shall determine and certify to the county auditor the amount of the rescission fee that the landowner shall pay the county treasurer upon rescission. That fee shall be an amount equal to 6 14 percent of the fair market valuation of the property if the land was held under a contract pursuant to Section 51240, and 12 12 percent if the land was held in a contract designating the property as a farmland security zone.(3)When rescission fees required by this subdivision are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (d) of Section 51283. The funds collected by the county treasurer with respect to each rescission of a contract shall be transmitted to the Controller within 30 days of the execution of the mutual rescission of the contract by the parties.(4)It is the intent of the Legislature that fees paid to rescind a contract do not constitute taxes, but are payments that, when made, provide a private benefit that tends to increase the value of the property.SEC. 12. Section 51255.1 is added to the Government Code, to read:51255.1. (a) Notwithstanding any other provision of this chapter, any agricultural land conservation contract effecting a parcel or parcels of land that, upon review, are determined by the Department of Conservation to be eligible to be placed in a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51191) and for which a solar-use easement has been entered into by either the Energy Commission or local government shall be suspended for the term of the solar use easement. This suspension shall occur notwithstanding the prior serving of a notice of nonrenewal.(b) Nothing in this section limits the ability of the parties to a contract to seek nonrenewal, or petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract suspension, termination, Williamson Act compliance, or a county or city finding that a solar facility is a compatible use pursuant to this chapter.SEC. 13. Section 21080 of the Public Resources Code is amended to read:21080. (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.(b) This division does not apply to any of the following activities:(1) Ministerial projects proposed to be carried out or approved by public agencies.(2) Emergency repairs to public service facilities necessary to maintain service.(3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.(4) Specific actions necessary to prevent or mitigate an emergency.(5) Projects that a public agency rejects or disapproves.(6) Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.(7) Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games.(8) The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.(9) All classes of projects designated pursuant to Section 21084.(10) A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, highway has the same meaning as defined in Section 360 of the Vehicle Code.(11) A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.(12) Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.(13) A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.(14) A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.(15) Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.(16) Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.(17) The entry into or recordation of a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.(c) If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:(1) There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.(2) An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.(d) If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.(e) (1) For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.(2) Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.(f) As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.(g) This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agencys approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.SECTION 1.Section 51190 of the Government Code is amended to read:51190.As used in this chapter, the following terms have the following meanings:(a)City means any city or city and county.(b)Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.(c)Solar-use easement means any right or interest acquired by a county or city for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural, open-space uses, or other alternative renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, or city running with the land for a term of years, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic facilities.(d)The changes made to this section by the act that added this subdivision shall apply only to easements that were rescinded and converted to solar use pursuant to Section 51255.1 after January 1, 2026.
Amended IN Assembly March 20, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1156Introduced by Assembly Member WicksFebruary 20, 2025An act to amend Section 51190 of the Government Code, relating to local government. An act to amend Sections 51190, 51191, 51191.1, 51191.2, 51191.3, 51191.4, 511991.5, 51192, and 51192.1 of, to repeal Section 51192.2 of, and to repeal and add Section 51255.1 of, the Government Code, and to amend Section 21080 of the Public Resources Code, relating to solar-use easements.LEGISLATIVE COUNSEL'S DIGESTAB 1156, as amended, Wicks. Agricultural land use: conversion to solar-use easements. Solar-use easements: suspension of Williamson Act contracts: terms of easement: termination.The California Land Conservation Act of 1965, otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. The act authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement if approved by the Department of Conservation, as specified. Existing law defines the term solar-use easement for these purposes to mean any right or interest acquired by a county, or city in a parcel or parcels determined to be eligible, as provided, where the deed or other instrument granting the right or interest imposes certain restrictions that effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy and certain other incidental or subordinate uses or other alternative renewable energy facilities. This bill would revise the definition of the term solar-use easement to, among other changes, include a right or interest acquired by the Energy Commission, and to expand the authorized uses of the land under the easement to include solar energy storage and appurtenant renewable energy facilities. The bill would make various conforming changes in this regard. The bill would revise the conditions under which the land subject to a Williamson Act contract may be subject to a solar-use easement, as described above, to instead require the suspension of the Williamson Act contract for the term of the solar-use easement, rather than the rescission of the contract, if the Department of Conservation determines that the parcel is eligible to be placed in the easement, as specified.Under existing law, the Department of Conservation, in consultation with the Department of Food and Agriculture, and upon a request from a city or county, may determine that a parcel is eligible for rescission of a Williamson Act contract for placement into a solar-use easement, as provided. Existing law requires that the parcel meet certain criteria in order to be eligible under these provisions, including that the land meet 1 of 2 specified alternative criteria relating to the use of the land for agricultural purposes and the parcel not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as specified.This bill would revise these provisions to authorize the Department of Conservation to determine that a parcel is eligible for suspension, as described above, upon the request of the landowner, instead of a request from a county or city, and would require the department to additionally make that determination in consultation with any applicable groundwater sustainability agency or services. The bill would revise the eligibility criteria for a parcel to be deemed eligible under these provisions by (1) additionally authorizing land for which there are or will be insufficient surface water or groundwater rights associated with the land to support commercially viable irrigated agricultural use; (2) deleting the requirement that the land not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance; and (3) additionally requiring that the land meet certain additional requirements relating to the lands historical use as cropland and whether it is encumbered by a conservation easement or enrolled in a land conservation program, as specified. The bill would also require the Department of Conservation to issue its determination of eligibility within 120 days following submission of a completed application package, and would deem any application not rejected within this 120-day period to be approved.Existing law authorizes a county or city to require a solar-use easement deed or restriction to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar facilities. Under existing law, these restrictions, conditions, or covenants may include, among other things, mitigation measures on the land that is subject to the solar-use easement and mitigation measures beyond the land that is subject to the solar-use easement. For term easements or self-renewing easements, existing law requires that the restrictions, conditions, or covenants include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished.This bill would delete the above-described provisions relating to mitigation measures on or beyond the land that is subject to a solar-use easement. The bill would also delete the above-described requirement that a landowner post a performance bond or other securities in relation to a term easement or self-renewing easement.Existing law, during the term of a solar-use easement, prohibits the approval of any land use on the land covered by the easement and the issuance of a building permit for a structure that would violate the easement. Existing law requires the county or city to seek an injunction against any construction or other development or activity that would violate the easement and, if the county or city fails to do so or if the county or city engages in specified activity in violation of the easement, authorizes a person or entity to seek an injunction. Existing law authorizes a court to award a plaintiff who prevails in an action under these provisions the costs of their litigation, including reasonable attorneys fees.This bill would additionally prohibit the issuance of a construction notice to proceed that would violate the easement. The bill would also remove the above-described authorization of a person or entity to seek the injunction. The bill would also delete the authority of the court to award litigation costs to a prevailing plaintiff. Existing law authorizes a solar-use easement to be extinguished by nonrenewal, termination, or returning the land to the previous Williamson Act contract. If the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of a parcel, existing law requires that party to serve written notice of nonrenewal of the easement, as specified. If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, existing law provides that the existing solar-use easement remains in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be.The bill would additionally authorize the termination of a solar-use easement by mutual consent, and would make various conforming changes in that regard. The bill would also revise the above-described provisions relating to service of written notice to instead only require a landowner to issue that notice. The bill would delete the above-described provisions relating to the remaining effect of the easement following service of a notice of intent.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA exempts from its provisions various activities, including ministerial projects proposed to be carried out or approved by public agencies.This bill would exempt entry into or recordation of a solar-use easement under the above-described provisions from CEQA.Existing law, the California Land Conservation Act of 1965, otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. Existing law authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement, if the parcel is determined eligible by the Department of Conservation, as specified.Existing law defines a solar-use easement, for these purposes, as any right or interest acquired by a county or city in a parcel if the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, effectively restrict the use of the land to photovoltaic solar facilities or other alternative renewable energy facilities, as specified. Existing law requires a solar-use easement to contain a covenant with the county or city running with the land, either in perpetuity or for a term of years, that the landowner shall not construct improvements except those for which the right is expressly reserved in the instrument, as specified.This bill would, instead, require the right or interest in the parcel acquired by the city or county described above to be for a term of years, rather than an indefinite period, and the covenant with the county or city contained in the easement described above to run with the land for a term of years, rather than indefinitely. The bill would make these changes applicable only to easements rescinded and converted to solar use pursuant to these provisions after January 1, 2026.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly March 20, 2025
Amended IN Assembly March 20, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1156
Introduced by Assembly Member WicksFebruary 20, 2025
Introduced by Assembly Member Wicks
February 20, 2025
An act to amend Section 51190 of the Government Code, relating to local government. An act to amend Sections 51190, 51191, 51191.1, 51191.2, 51191.3, 51191.4, 511991.5, 51192, and 51192.1 of, to repeal Section 51192.2 of, and to repeal and add Section 51255.1 of, the Government Code, and to amend Section 21080 of the Public Resources Code, relating to solar-use easements.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1156, as amended, Wicks. Agricultural land use: conversion to solar-use easements. Solar-use easements: suspension of Williamson Act contracts: terms of easement: termination.
The California Land Conservation Act of 1965, otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. The act authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement if approved by the Department of Conservation, as specified. Existing law defines the term solar-use easement for these purposes to mean any right or interest acquired by a county, or city in a parcel or parcels determined to be eligible, as provided, where the deed or other instrument granting the right or interest imposes certain restrictions that effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy and certain other incidental or subordinate uses or other alternative renewable energy facilities. This bill would revise the definition of the term solar-use easement to, among other changes, include a right or interest acquired by the Energy Commission, and to expand the authorized uses of the land under the easement to include solar energy storage and appurtenant renewable energy facilities. The bill would make various conforming changes in this regard. The bill would revise the conditions under which the land subject to a Williamson Act contract may be subject to a solar-use easement, as described above, to instead require the suspension of the Williamson Act contract for the term of the solar-use easement, rather than the rescission of the contract, if the Department of Conservation determines that the parcel is eligible to be placed in the easement, as specified.Under existing law, the Department of Conservation, in consultation with the Department of Food and Agriculture, and upon a request from a city or county, may determine that a parcel is eligible for rescission of a Williamson Act contract for placement into a solar-use easement, as provided. Existing law requires that the parcel meet certain criteria in order to be eligible under these provisions, including that the land meet 1 of 2 specified alternative criteria relating to the use of the land for agricultural purposes and the parcel not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as specified.This bill would revise these provisions to authorize the Department of Conservation to determine that a parcel is eligible for suspension, as described above, upon the request of the landowner, instead of a request from a county or city, and would require the department to additionally make that determination in consultation with any applicable groundwater sustainability agency or services. The bill would revise the eligibility criteria for a parcel to be deemed eligible under these provisions by (1) additionally authorizing land for which there are or will be insufficient surface water or groundwater rights associated with the land to support commercially viable irrigated agricultural use; (2) deleting the requirement that the land not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance; and (3) additionally requiring that the land meet certain additional requirements relating to the lands historical use as cropland and whether it is encumbered by a conservation easement or enrolled in a land conservation program, as specified. The bill would also require the Department of Conservation to issue its determination of eligibility within 120 days following submission of a completed application package, and would deem any application not rejected within this 120-day period to be approved.Existing law authorizes a county or city to require a solar-use easement deed or restriction to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar facilities. Under existing law, these restrictions, conditions, or covenants may include, among other things, mitigation measures on the land that is subject to the solar-use easement and mitigation measures beyond the land that is subject to the solar-use easement. For term easements or self-renewing easements, existing law requires that the restrictions, conditions, or covenants include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished.This bill would delete the above-described provisions relating to mitigation measures on or beyond the land that is subject to a solar-use easement. The bill would also delete the above-described requirement that a landowner post a performance bond or other securities in relation to a term easement or self-renewing easement.Existing law, during the term of a solar-use easement, prohibits the approval of any land use on the land covered by the easement and the issuance of a building permit for a structure that would violate the easement. Existing law requires the county or city to seek an injunction against any construction or other development or activity that would violate the easement and, if the county or city fails to do so or if the county or city engages in specified activity in violation of the easement, authorizes a person or entity to seek an injunction. Existing law authorizes a court to award a plaintiff who prevails in an action under these provisions the costs of their litigation, including reasonable attorneys fees.This bill would additionally prohibit the issuance of a construction notice to proceed that would violate the easement. The bill would also remove the above-described authorization of a person or entity to seek the injunction. The bill would also delete the authority of the court to award litigation costs to a prevailing plaintiff. Existing law authorizes a solar-use easement to be extinguished by nonrenewal, termination, or returning the land to the previous Williamson Act contract. If the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of a parcel, existing law requires that party to serve written notice of nonrenewal of the easement, as specified. If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, existing law provides that the existing solar-use easement remains in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be.The bill would additionally authorize the termination of a solar-use easement by mutual consent, and would make various conforming changes in that regard. The bill would also revise the above-described provisions relating to service of written notice to instead only require a landowner to issue that notice. The bill would delete the above-described provisions relating to the remaining effect of the easement following service of a notice of intent.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA exempts from its provisions various activities, including ministerial projects proposed to be carried out or approved by public agencies.This bill would exempt entry into or recordation of a solar-use easement under the above-described provisions from CEQA.Existing law, the California Land Conservation Act of 1965, otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. Existing law authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement, if the parcel is determined eligible by the Department of Conservation, as specified.Existing law defines a solar-use easement, for these purposes, as any right or interest acquired by a county or city in a parcel if the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, effectively restrict the use of the land to photovoltaic solar facilities or other alternative renewable energy facilities, as specified. Existing law requires a solar-use easement to contain a covenant with the county or city running with the land, either in perpetuity or for a term of years, that the landowner shall not construct improvements except those for which the right is expressly reserved in the instrument, as specified.This bill would, instead, require the right or interest in the parcel acquired by the city or county described above to be for a term of years, rather than an indefinite period, and the covenant with the county or city contained in the easement described above to run with the land for a term of years, rather than indefinitely. The bill would make these changes applicable only to easements rescinded and converted to solar use pursuant to these provisions after January 1, 2026.
The California Land Conservation Act of 1965, otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. The act authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement if approved by the Department of Conservation, as specified. Existing law defines the term solar-use easement for these purposes to mean any right or interest acquired by a county, or city in a parcel or parcels determined to be eligible, as provided, where the deed or other instrument granting the right or interest imposes certain restrictions that effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy and certain other incidental or subordinate uses or other alternative renewable energy facilities.
This bill would revise the definition of the term solar-use easement to, among other changes, include a right or interest acquired by the Energy Commission, and to expand the authorized uses of the land under the easement to include solar energy storage and appurtenant renewable energy facilities. The bill would make various conforming changes in this regard. The bill would revise the conditions under which the land subject to a Williamson Act contract may be subject to a solar-use easement, as described above, to instead require the suspension of the Williamson Act contract for the term of the solar-use easement, rather than the rescission of the contract, if the Department of Conservation determines that the parcel is eligible to be placed in the easement, as specified.
Under existing law, the Department of Conservation, in consultation with the Department of Food and Agriculture, and upon a request from a city or county, may determine that a parcel is eligible for rescission of a Williamson Act contract for placement into a solar-use easement, as provided. Existing law requires that the parcel meet certain criteria in order to be eligible under these provisions, including that the land meet 1 of 2 specified alternative criteria relating to the use of the land for agricultural purposes and the parcel not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as specified.
This bill would revise these provisions to authorize the Department of Conservation to determine that a parcel is eligible for suspension, as described above, upon the request of the landowner, instead of a request from a county or city, and would require the department to additionally make that determination in consultation with any applicable groundwater sustainability agency or services. The bill would revise the eligibility criteria for a parcel to be deemed eligible under these provisions by (1) additionally authorizing land for which there are or will be insufficient surface water or groundwater rights associated with the land to support commercially viable irrigated agricultural use; (2) deleting the requirement that the land not be located on lands designated as prime farmland, unique farmland, or farmland of statewide importance; and (3) additionally requiring that the land meet certain additional requirements relating to the lands historical use as cropland and whether it is encumbered by a conservation easement or enrolled in a land conservation program, as specified. The bill would also require the Department of Conservation to issue its determination of eligibility within 120 days following submission of a completed application package, and would deem any application not rejected within this 120-day period to be approved.
Existing law authorizes a county or city to require a solar-use easement deed or restriction to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar facilities. Under existing law, these restrictions, conditions, or covenants may include, among other things, mitigation measures on the land that is subject to the solar-use easement and mitigation measures beyond the land that is subject to the solar-use easement. For term easements or self-renewing easements, existing law requires that the restrictions, conditions, or covenants include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished.
This bill would delete the above-described provisions relating to mitigation measures on or beyond the land that is subject to a solar-use easement. The bill would also delete the above-described requirement that a landowner post a performance bond or other securities in relation to a term easement or self-renewing easement.
Existing law, during the term of a solar-use easement, prohibits the approval of any land use on the land covered by the easement and the issuance of a building permit for a structure that would violate the easement. Existing law requires the county or city to seek an injunction against any construction or other development or activity that would violate the easement and, if the county or city fails to do so or if the county or city engages in specified activity in violation of the easement, authorizes a person or entity to seek an injunction. Existing law authorizes a court to award a plaintiff who prevails in an action under these provisions the costs of their litigation, including reasonable attorneys fees.
This bill would additionally prohibit the issuance of a construction notice to proceed that would violate the easement. The bill would also remove the above-described authorization of a person or entity to seek the injunction. The bill would also delete the authority of the court to award litigation costs to a prevailing plaintiff.
Existing law authorizes a solar-use easement to be extinguished by nonrenewal, termination, or returning the land to the previous Williamson Act contract. If the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of a parcel, existing law requires that party to serve written notice of nonrenewal of the easement, as specified. If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, existing law provides that the existing solar-use easement remains in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be.
The bill would additionally authorize the termination of a solar-use easement by mutual consent, and would make various conforming changes in that regard. The bill would also revise the above-described provisions relating to service of written notice to instead only require a landowner to issue that notice. The bill would delete the above-described provisions relating to the remaining effect of the easement following service of a notice of intent.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA exempts from its provisions various activities, including ministerial projects proposed to be carried out or approved by public agencies.
This bill would exempt entry into or recordation of a solar-use easement under the above-described provisions from CEQA.
Existing law, the California Land Conservation Act of 1965, otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. Existing law authorizes the parties to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement, if the parcel is determined eligible by the Department of Conservation, as specified.
Existing law defines a solar-use easement, for these purposes, as any right or interest acquired by a county or city in a parcel if the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, effectively restrict the use of the land to photovoltaic solar facilities or other alternative renewable energy facilities, as specified. Existing law requires a solar-use easement to contain a covenant with the county or city running with the land, either in perpetuity or for a term of years, that the landowner shall not construct improvements except those for which the right is expressly reserved in the instrument, as specified.
This bill would, instead, require the right or interest in the parcel acquired by the city or county described above to be for a term of years, rather than an indefinite period, and the covenant with the county or city contained in the easement described above to run with the land for a term of years, rather than indefinitely. The bill would make these changes applicable only to easements rescinded and converted to solar use pursuant to these provisions after January 1, 2026.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 51190 of the Government Code is amended to read:51190. As used in this chapter, the following terms have the following meanings:(a) City means any city or city and county.(b) Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.(c) Solar-use easement means any right or interest acquired by a county, city, or city in perpetuity, the Energy Commission for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection collection, storage, and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural, agricultural or open-space uses, or other alternative or appurtenant renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, city, or city Energy Commission running with the land, either in perpetuity or land for a term of years, years that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic facilities. and appurtenant clean energy facilities, during which time any agricultural land conservation contract binding all or a portion of the land under the solar-use easement and meeting the criteria set forth in subdivision (a) of Section 51191 would be suspended.SEC. 2. Section 51191 of the Government Code is amended to read:51191. (a) For purposes of this chapter, and for purposes of Chapter 7 (commencing with Section 51200), the Department of Conservation, in consultation with the Department of Food and Agriculture, and any applicable groundwater sustainability agency or services, upon a request from a city or county, landowner may determine, based on substantial evidence, that a parcel or parcels is eligible for rescission suspension of an agricultural land conservation contract under Section 51255.1 for placement into a solar-use easement if all of the following criteria are met:(1) The land meets either one or more of the following: following criteria:(A) The land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to chemical or physical limitations, topography, drainage, flooding, adverse soil conditions, or other physical reasons.(B) The land has severely adverse soil conditions that are detrimental to continued agricultural activities and production. Severely adverse soil conditions may include, but are not limited to, contamination by salts or selenium, or other naturally occurring contaminants.(C) There are or will be insufficient surface water or groundwater rights associated with the land to support commercially viable irrigated agricultural use.(2) The land meets both of the following criteria:(A) The parcel or parcels have an average grade of less than 10 percent and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.(2)(B) The parcel or parcels are not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Natural Resources Agency, unless the Department of Conservation, in consultation with the Department of Food and Agriculture, determines that encumbered by a parcel conservation easement or parcels are eligible to be placed enrolled in a solar-use easement based on land conservation program, the information provided in subdivision (b) that demonstrates that circumstances exist that limit the use primary purpose of which is the parcel for agricultural activities. For purposes protection of this section, the important farmland designations shall not be changed solely due to irrigation status. resources other than agriculture, such as recreation, grazing, open space, or biological resources.(b) To assist in the determination described in this section, the city city, county, or county Energy Commission shall require the landowner to provide to the Department of Conservation the following information to the extent applicable:(1) A written narrative demonstrating that even under the best currently available management practices, continued commercially viable agricultural practices would be substantially limited due to the soils reduced agricultural productivity from chemical or physical limitations.(2) A recent soil test demonstrating that the characteristics of the soil significantly reduce its commercial agricultural productivity.(3) An analysis of water availability demonstrating the insufficiency of water supplies for continued commercially viable agricultural production. production, including insufficiency based on planned consolidation of water resources on more productive parcels.(4) An analysis of water quality demonstrating that continued commercial agricultural production would, under the best currently available management practices, be significantly reduced.(5) Crop and yield information for the past six years.(c) The landowner shall provide the Department of Conservation with a proposed management plan describing how the soil will be managed during the life of the easement, how impacts to adjacent agricultural operations will be minimized, how the land will be restored to its previous general condition, as it existed at the time of project approval, upon the termination of the easement. If the Department of Conservation determines, in consultation with the Department of Food and Agriculture, and applicable groundwater sustainability agency or agencies, pursuant to subdivision (a), that lands are subject to this section, the city city, county, or county Energy Commission shall require implementation of the management plan, which shall include any recommendations provided by the Department of Conservation, as part of any project approval.(d) A determination of eligibility by the Department of Conservation pursuant to this section related to a project described in Section 21080 of the Public Resources Code shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code.(e) The Department of Conservation shall issue its determination of eligibility within 120 days following submission of a completed application package. Any application not rejected within this 120-day period shall be deemed approved.(e)(f) The Department of Conservation may establish a fee to be paid by the landowner to recover the estimated costs incurred by the department in participating in the consultation described in this section.SEC. 3. Section 51191.1 of the Government Code is amended to read:51191.1. Any county or city may city, or the Energy Commission, may, upon request from a landowner and a determination of eligibility in accordance with subdivision (a) of Section 51191, enter into an agreement with a landowner pursuant to Section 51255.1 to use lands determined to be eligible pursuant to subdivision (a) of Section 51191 in a solar-use easement in the manner provided in this chapter.SEC. 4. Section 51191.2 of the Government Code is amended to read:51191.2. The execution and acceptance of a deed or other instrument described in subdivision (c) of Section 51190 shall constitute a dedication to the public of the use of lands for solar photovoltaic use. Any term easement and covenant under this chapter shall run for a term of not less than 20 years unless a shorter term is requested by the landowner, in which case the term may be not less than 10 years. A solar-use easement for a term of years may provide that on the anniversary date of the acceptance of the solar-use easement, or on any other annual date as specified by the deed or other instrument described in subdivision (c) of Section 51190, a year shall be added automatically to the initial term unless a notice of nonrenewal is given served as provided in Section 51192.SEC. 5. Section 51191.3 of the Government Code is amended to read:51191.3. (a) A county or city city, or the Energy Commission, may require a deed or other instrument described in subdivision (c) of Section 51190 to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar and appurtenant facilities.(b) The restrictions, conditions, deed or covenants restriction may include, but are is not limited to, the following: (1)Mitigation measures on the land that is subject to the solar-use easement. (2)Mitigation measures beyond the land that is subject to the solar-use easement. (3)(1) If deemed necessary by the city city, county, or county Energy Commission to ensure that decommissioning requirements are met, the provision for financial assurances, such as performance bonds, letters of credit, a corporate guarantee, or other securities to fund, upon the cessation of the solar photovoltaic use, the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of that easement by the time that the easement terminates. However, any decommissioning requirement shall not be in addition to other state or local requirements that ensure decommissioning of the facility. Salvage value shall not be precluded from the calculation of the cost of decommissioning.(4)(2) Provision for necessary amendments by the parties provided that the amendments are consistent with the provisions of this chapter.(c) For term easements or self-renewing easements, the restrictions, conditions, or covenants shall include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished. The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) to implement this subdivision. section.SEC. 6. Section 51191.4 of the Government Code is amended to read:51191.4. No A deed or other instrument described in subdivision (c) of Section 51190 shall not be effective until it has been accepted or approved by resolution of the governing body of the county or city and its acceptance endorsed thereon. or the Energy Commission accepts the deed or instrument.SEC. 7. Section 51191.5 of the Government Code is amended to read:51191.5. (a) During the term of the solar-use easement, the county county, city, or city Energy Commission shall not approve any land use on land covered by a solar easement that is inconsistent with the easement, and no building permit or construction notice to proceed may be issued for any structure that would violate the easement. The county or city shall seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement. If the county or city fails to seek an injunction against any threatened construction or other development or activity on the land that would violate the easement or to seek a mandatory injunction requiring the removal of any structure erected in violation of the easement, or if the county or city should construct any structure or development or conduct or permit any activity in violation of the easement, a person or entity may, by appropriate proceedings, seek an injunction. (b)The court may award to a plaintiff who prevails in an action authorized by this section his or her cost of litigation, including reasonable attorneys fees. (c)(b) Nothing in this chapter shall limit the power of the state or any county, city, school district, or any other local public district, agency, or entity, or any other person authorized by law, to acquire land subject to a solar-use easement by eminent domain.SEC. 8. Section 51192 of the Government Code is amended to read:51192. (a) A solar-use easement may be extinguished on all or a portion of the parcel only by nonrenewal, termination, by mutual consent, or by returning the land to its previous contract pursuant to Article 3 (commencing with Section 51240) of Chapter 7.(b) (1)If either the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of the parcel, that party the landowner shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed as provided in Section 51191.2. (2)Upon receipt by the owner of a notice from the county or city of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county or city may, at any time prior to the renewal date, withdraw the notice of nonrenewal. (c)If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, the existing solar-use easement shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be. SEC. 9. Section 51192.1 of the Government Code is amended to read:51192.1. In the case of a solar-use easement that is extinguished because of a notice of nonrenewal by the landowner or landowner, due to termination, or mutual consent, the landowner shall restore the land that is subject to the easement to the conditions that existed before the approval of the easement by the time the easement is extinguished. extinguished, and the suspension of the land conservation contract shall terminate and the contract once again be in full force and effect.SEC. 10. Section 51192.2 of the Government Code is repealed.51192.2.(a)If all or a portion of the parcel held in a solar-use easement will no longer be used for the purposes outlined in the easement the landowner may petition the county or city to approve termination of the easement.(b)Prior to any action by the county or city giving tentative approval to the termination of any easement, the county assessor of the county in which the land is located shall determine the current fair market value of the parcel or parcels to be terminated as though the parcel or parcels were free of the easement restriction. The assessor shall certify to the county or city the termination valuation of the parcel or parcels for the purpose of determining the termination fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the parcel or parcels as though the parcel or parcels were free of the easement restriction and advise the parties, that upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon completion of all actions relating to valuation or termination of the easement on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.(c)Prior to giving tentative approval to the termination of any easement, the county or city shall determine and certify to the county auditor the amount of the termination fee that the landowner shall pay the county treasurer upon termination. That fee shall be an amount equal to 1212 percent of the termination valuation of the property.(d)If it finds that it is in the public interest to do so, the county or city may waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment contingent upon the future use made of the parcel or parcels and the parcel or parcels economic return to the landowner for a period of time not to exceed the unexpired period of the easement, had it not been terminated, if both of the following occur:(1)The termination is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner.(2)The waiver or extension of time is approved by the Secretary of the Natural Resources Agency. The secretary shall approve a waiver or extension of time if the secretary finds that the granting of the waiver or extension of time by the county or city is consistent with the policies of this chapter and that the county or city complied with this article. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the county or city, the evidence in the record of the county or city, and any other evidence the secretary may receive concerning the termination, waiver, or extension of time.(e)When termination fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (b) of Section 51203 or subdivision (d) of Section 51283.(f)It is the intent of the Legislature that fees paid to terminate a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property.SEC. 11. Section 51255.1 of the Government Code is repealed.51255.1.(a)Notwithstanding any other provision of this chapter, the parties may, upon their mutual agreement, rescind a contract for a parcel or parcels of land that, upon review and approval, are determined by the Department of Conservation to be eligible to be placed into a solar-use easement pursuant to Section 51191 in order to simultaneously enter into a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190). This action may be taken notwithstanding the prior serving of a notice of nonrenewal.(b)Nothing in this section limits the ability of the parties to a contract to seek nonrenewal or to petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract termination, Williamson Act compliance, or a county finding that a solar facility is a compatible use pursuant to this chapter.(c)(1)Prior to the board or council agreeing to mutually rescind a contract pursuant to this section, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the fair market valuation of the land for the purpose of determining the rescission fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the land as though it were free of the contractual restriction and advise the parties that, upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon termination of all actions relating to valuation or rescission of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.(2)Prior to agreeing to mutually rescind a contract pursuant to this section, the board or council shall determine and certify to the county auditor the amount of the rescission fee that the landowner shall pay the county treasurer upon rescission. That fee shall be an amount equal to 6 14 percent of the fair market valuation of the property if the land was held under a contract pursuant to Section 51240, and 12 12 percent if the land was held in a contract designating the property as a farmland security zone.(3)When rescission fees required by this subdivision are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (d) of Section 51283. The funds collected by the county treasurer with respect to each rescission of a contract shall be transmitted to the Controller within 30 days of the execution of the mutual rescission of the contract by the parties.(4)It is the intent of the Legislature that fees paid to rescind a contract do not constitute taxes, but are payments that, when made, provide a private benefit that tends to increase the value of the property.SEC. 12. Section 51255.1 is added to the Government Code, to read:51255.1. (a) Notwithstanding any other provision of this chapter, any agricultural land conservation contract effecting a parcel or parcels of land that, upon review, are determined by the Department of Conservation to be eligible to be placed in a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51191) and for which a solar-use easement has been entered into by either the Energy Commission or local government shall be suspended for the term of the solar use easement. This suspension shall occur notwithstanding the prior serving of a notice of nonrenewal.(b) Nothing in this section limits the ability of the parties to a contract to seek nonrenewal, or petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract suspension, termination, Williamson Act compliance, or a county or city finding that a solar facility is a compatible use pursuant to this chapter.SEC. 13. Section 21080 of the Public Resources Code is amended to read:21080. (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.(b) This division does not apply to any of the following activities:(1) Ministerial projects proposed to be carried out or approved by public agencies.(2) Emergency repairs to public service facilities necessary to maintain service.(3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.(4) Specific actions necessary to prevent or mitigate an emergency.(5) Projects that a public agency rejects or disapproves.(6) Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.(7) Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games.(8) The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.(9) All classes of projects designated pursuant to Section 21084.(10) A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, highway has the same meaning as defined in Section 360 of the Vehicle Code.(11) A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.(12) Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.(13) A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.(14) A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.(15) Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.(16) Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.(17) The entry into or recordation of a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.(c) If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:(1) There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.(2) An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.(d) If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.(e) (1) For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.(2) Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.(f) As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.(g) This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agencys approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.SECTION 1.Section 51190 of the Government Code is amended to read:51190.As used in this chapter, the following terms have the following meanings:(a)City means any city or city and county.(b)Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.(c)Solar-use easement means any right or interest acquired by a county or city for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural, open-space uses, or other alternative renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, or city running with the land for a term of years, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic facilities.(d)The changes made to this section by the act that added this subdivision shall apply only to easements that were rescinded and converted to solar use pursuant to Section 51255.1 after January 1, 2026.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 51190 of the Government Code is amended to read:51190. As used in this chapter, the following terms have the following meanings:(a) City means any city or city and county.(b) Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.(c) Solar-use easement means any right or interest acquired by a county, city, or city in perpetuity, the Energy Commission for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection collection, storage, and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural, agricultural or open-space uses, or other alternative or appurtenant renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, city, or city Energy Commission running with the land, either in perpetuity or land for a term of years, years that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic facilities. and appurtenant clean energy facilities, during which time any agricultural land conservation contract binding all or a portion of the land under the solar-use easement and meeting the criteria set forth in subdivision (a) of Section 51191 would be suspended.
SECTION 1. Section 51190 of the Government Code is amended to read:
### SECTION 1.
51190. As used in this chapter, the following terms have the following meanings:(a) City means any city or city and county.(b) Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.(c) Solar-use easement means any right or interest acquired by a county, city, or city in perpetuity, the Energy Commission for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection collection, storage, and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural, agricultural or open-space uses, or other alternative or appurtenant renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, city, or city Energy Commission running with the land, either in perpetuity or land for a term of years, years that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic facilities. and appurtenant clean energy facilities, during which time any agricultural land conservation contract binding all or a portion of the land under the solar-use easement and meeting the criteria set forth in subdivision (a) of Section 51191 would be suspended.
51190. As used in this chapter, the following terms have the following meanings:(a) City means any city or city and county.(b) Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.(c) Solar-use easement means any right or interest acquired by a county, city, or city in perpetuity, the Energy Commission for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection collection, storage, and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural, agricultural or open-space uses, or other alternative or appurtenant renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, city, or city Energy Commission running with the land, either in perpetuity or land for a term of years, years that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic facilities. and appurtenant clean energy facilities, during which time any agricultural land conservation contract binding all or a portion of the land under the solar-use easement and meeting the criteria set forth in subdivision (a) of Section 51191 would be suspended.
51190. As used in this chapter, the following terms have the following meanings:(a) City means any city or city and county.(b) Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.(c) Solar-use easement means any right or interest acquired by a county, city, or city in perpetuity, the Energy Commission for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection collection, storage, and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural, agricultural or open-space uses, or other alternative or appurtenant renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, city, or city Energy Commission running with the land, either in perpetuity or land for a term of years, years that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic facilities. and appurtenant clean energy facilities, during which time any agricultural land conservation contract binding all or a portion of the land under the solar-use easement and meeting the criteria set forth in subdivision (a) of Section 51191 would be suspended.
51190. As used in this chapter, the following terms have the following meanings:
(a) City means any city or city and county.
(b) Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.
(c) Solar-use easement means any right or interest acquired by a county, city, or city in perpetuity, the Energy Commission for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection collection, storage, and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural, agricultural or open-space uses, or other alternative or appurtenant renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, city, or city Energy Commission running with the land, either in perpetuity or land for a term of years, years that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic facilities. and appurtenant clean energy facilities, during which time any agricultural land conservation contract binding all or a portion of the land under the solar-use easement and meeting the criteria set forth in subdivision (a) of Section 51191 would be suspended.
SEC. 2. Section 51191 of the Government Code is amended to read:51191. (a) For purposes of this chapter, and for purposes of Chapter 7 (commencing with Section 51200), the Department of Conservation, in consultation with the Department of Food and Agriculture, and any applicable groundwater sustainability agency or services, upon a request from a city or county, landowner may determine, based on substantial evidence, that a parcel or parcels is eligible for rescission suspension of an agricultural land conservation contract under Section 51255.1 for placement into a solar-use easement if all of the following criteria are met:(1) The land meets either one or more of the following: following criteria:(A) The land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to chemical or physical limitations, topography, drainage, flooding, adverse soil conditions, or other physical reasons.(B) The land has severely adverse soil conditions that are detrimental to continued agricultural activities and production. Severely adverse soil conditions may include, but are not limited to, contamination by salts or selenium, or other naturally occurring contaminants.(C) There are or will be insufficient surface water or groundwater rights associated with the land to support commercially viable irrigated agricultural use.(2) The land meets both of the following criteria:(A) The parcel or parcels have an average grade of less than 10 percent and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.(2)(B) The parcel or parcels are not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Natural Resources Agency, unless the Department of Conservation, in consultation with the Department of Food and Agriculture, determines that encumbered by a parcel conservation easement or parcels are eligible to be placed enrolled in a solar-use easement based on land conservation program, the information provided in subdivision (b) that demonstrates that circumstances exist that limit the use primary purpose of which is the parcel for agricultural activities. For purposes protection of this section, the important farmland designations shall not be changed solely due to irrigation status. resources other than agriculture, such as recreation, grazing, open space, or biological resources.(b) To assist in the determination described in this section, the city city, county, or county Energy Commission shall require the landowner to provide to the Department of Conservation the following information to the extent applicable:(1) A written narrative demonstrating that even under the best currently available management practices, continued commercially viable agricultural practices would be substantially limited due to the soils reduced agricultural productivity from chemical or physical limitations.(2) A recent soil test demonstrating that the characteristics of the soil significantly reduce its commercial agricultural productivity.(3) An analysis of water availability demonstrating the insufficiency of water supplies for continued commercially viable agricultural production. production, including insufficiency based on planned consolidation of water resources on more productive parcels.(4) An analysis of water quality demonstrating that continued commercial agricultural production would, under the best currently available management practices, be significantly reduced.(5) Crop and yield information for the past six years.(c) The landowner shall provide the Department of Conservation with a proposed management plan describing how the soil will be managed during the life of the easement, how impacts to adjacent agricultural operations will be minimized, how the land will be restored to its previous general condition, as it existed at the time of project approval, upon the termination of the easement. If the Department of Conservation determines, in consultation with the Department of Food and Agriculture, and applicable groundwater sustainability agency or agencies, pursuant to subdivision (a), that lands are subject to this section, the city city, county, or county Energy Commission shall require implementation of the management plan, which shall include any recommendations provided by the Department of Conservation, as part of any project approval.(d) A determination of eligibility by the Department of Conservation pursuant to this section related to a project described in Section 21080 of the Public Resources Code shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code.(e) The Department of Conservation shall issue its determination of eligibility within 120 days following submission of a completed application package. Any application not rejected within this 120-day period shall be deemed approved.(e)(f) The Department of Conservation may establish a fee to be paid by the landowner to recover the estimated costs incurred by the department in participating in the consultation described in this section.
SEC. 2. Section 51191 of the Government Code is amended to read:
### SEC. 2.
51191. (a) For purposes of this chapter, and for purposes of Chapter 7 (commencing with Section 51200), the Department of Conservation, in consultation with the Department of Food and Agriculture, and any applicable groundwater sustainability agency or services, upon a request from a city or county, landowner may determine, based on substantial evidence, that a parcel or parcels is eligible for rescission suspension of an agricultural land conservation contract under Section 51255.1 for placement into a solar-use easement if all of the following criteria are met:(1) The land meets either one or more of the following: following criteria:(A) The land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to chemical or physical limitations, topography, drainage, flooding, adverse soil conditions, or other physical reasons.(B) The land has severely adverse soil conditions that are detrimental to continued agricultural activities and production. Severely adverse soil conditions may include, but are not limited to, contamination by salts or selenium, or other naturally occurring contaminants.(C) There are or will be insufficient surface water or groundwater rights associated with the land to support commercially viable irrigated agricultural use.(2) The land meets both of the following criteria:(A) The parcel or parcels have an average grade of less than 10 percent and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.(2)(B) The parcel or parcels are not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Natural Resources Agency, unless the Department of Conservation, in consultation with the Department of Food and Agriculture, determines that encumbered by a parcel conservation easement or parcels are eligible to be placed enrolled in a solar-use easement based on land conservation program, the information provided in subdivision (b) that demonstrates that circumstances exist that limit the use primary purpose of which is the parcel for agricultural activities. For purposes protection of this section, the important farmland designations shall not be changed solely due to irrigation status. resources other than agriculture, such as recreation, grazing, open space, or biological resources.(b) To assist in the determination described in this section, the city city, county, or county Energy Commission shall require the landowner to provide to the Department of Conservation the following information to the extent applicable:(1) A written narrative demonstrating that even under the best currently available management practices, continued commercially viable agricultural practices would be substantially limited due to the soils reduced agricultural productivity from chemical or physical limitations.(2) A recent soil test demonstrating that the characteristics of the soil significantly reduce its commercial agricultural productivity.(3) An analysis of water availability demonstrating the insufficiency of water supplies for continued commercially viable agricultural production. production, including insufficiency based on planned consolidation of water resources on more productive parcels.(4) An analysis of water quality demonstrating that continued commercial agricultural production would, under the best currently available management practices, be significantly reduced.(5) Crop and yield information for the past six years.(c) The landowner shall provide the Department of Conservation with a proposed management plan describing how the soil will be managed during the life of the easement, how impacts to adjacent agricultural operations will be minimized, how the land will be restored to its previous general condition, as it existed at the time of project approval, upon the termination of the easement. If the Department of Conservation determines, in consultation with the Department of Food and Agriculture, and applicable groundwater sustainability agency or agencies, pursuant to subdivision (a), that lands are subject to this section, the city city, county, or county Energy Commission shall require implementation of the management plan, which shall include any recommendations provided by the Department of Conservation, as part of any project approval.(d) A determination of eligibility by the Department of Conservation pursuant to this section related to a project described in Section 21080 of the Public Resources Code shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code.(e) The Department of Conservation shall issue its determination of eligibility within 120 days following submission of a completed application package. Any application not rejected within this 120-day period shall be deemed approved.(e)(f) The Department of Conservation may establish a fee to be paid by the landowner to recover the estimated costs incurred by the department in participating in the consultation described in this section.
51191. (a) For purposes of this chapter, and for purposes of Chapter 7 (commencing with Section 51200), the Department of Conservation, in consultation with the Department of Food and Agriculture, and any applicable groundwater sustainability agency or services, upon a request from a city or county, landowner may determine, based on substantial evidence, that a parcel or parcels is eligible for rescission suspension of an agricultural land conservation contract under Section 51255.1 for placement into a solar-use easement if all of the following criteria are met:(1) The land meets either one or more of the following: following criteria:(A) The land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to chemical or physical limitations, topography, drainage, flooding, adverse soil conditions, or other physical reasons.(B) The land has severely adverse soil conditions that are detrimental to continued agricultural activities and production. Severely adverse soil conditions may include, but are not limited to, contamination by salts or selenium, or other naturally occurring contaminants.(C) There are or will be insufficient surface water or groundwater rights associated with the land to support commercially viable irrigated agricultural use.(2) The land meets both of the following criteria:(A) The parcel or parcels have an average grade of less than 10 percent and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.(2)(B) The parcel or parcels are not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Natural Resources Agency, unless the Department of Conservation, in consultation with the Department of Food and Agriculture, determines that encumbered by a parcel conservation easement or parcels are eligible to be placed enrolled in a solar-use easement based on land conservation program, the information provided in subdivision (b) that demonstrates that circumstances exist that limit the use primary purpose of which is the parcel for agricultural activities. For purposes protection of this section, the important farmland designations shall not be changed solely due to irrigation status. resources other than agriculture, such as recreation, grazing, open space, or biological resources.(b) To assist in the determination described in this section, the city city, county, or county Energy Commission shall require the landowner to provide to the Department of Conservation the following information to the extent applicable:(1) A written narrative demonstrating that even under the best currently available management practices, continued commercially viable agricultural practices would be substantially limited due to the soils reduced agricultural productivity from chemical or physical limitations.(2) A recent soil test demonstrating that the characteristics of the soil significantly reduce its commercial agricultural productivity.(3) An analysis of water availability demonstrating the insufficiency of water supplies for continued commercially viable agricultural production. production, including insufficiency based on planned consolidation of water resources on more productive parcels.(4) An analysis of water quality demonstrating that continued commercial agricultural production would, under the best currently available management practices, be significantly reduced.(5) Crop and yield information for the past six years.(c) The landowner shall provide the Department of Conservation with a proposed management plan describing how the soil will be managed during the life of the easement, how impacts to adjacent agricultural operations will be minimized, how the land will be restored to its previous general condition, as it existed at the time of project approval, upon the termination of the easement. If the Department of Conservation determines, in consultation with the Department of Food and Agriculture, and applicable groundwater sustainability agency or agencies, pursuant to subdivision (a), that lands are subject to this section, the city city, county, or county Energy Commission shall require implementation of the management plan, which shall include any recommendations provided by the Department of Conservation, as part of any project approval.(d) A determination of eligibility by the Department of Conservation pursuant to this section related to a project described in Section 21080 of the Public Resources Code shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code.(e) The Department of Conservation shall issue its determination of eligibility within 120 days following submission of a completed application package. Any application not rejected within this 120-day period shall be deemed approved.(e)(f) The Department of Conservation may establish a fee to be paid by the landowner to recover the estimated costs incurred by the department in participating in the consultation described in this section.
51191. (a) For purposes of this chapter, and for purposes of Chapter 7 (commencing with Section 51200), the Department of Conservation, in consultation with the Department of Food and Agriculture, and any applicable groundwater sustainability agency or services, upon a request from a city or county, landowner may determine, based on substantial evidence, that a parcel or parcels is eligible for rescission suspension of an agricultural land conservation contract under Section 51255.1 for placement into a solar-use easement if all of the following criteria are met:(1) The land meets either one or more of the following: following criteria:(A) The land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to chemical or physical limitations, topography, drainage, flooding, adverse soil conditions, or other physical reasons.(B) The land has severely adverse soil conditions that are detrimental to continued agricultural activities and production. Severely adverse soil conditions may include, but are not limited to, contamination by salts or selenium, or other naturally occurring contaminants.(C) There are or will be insufficient surface water or groundwater rights associated with the land to support commercially viable irrigated agricultural use.(2) The land meets both of the following criteria:(A) The parcel or parcels have an average grade of less than 10 percent and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.(2)(B) The parcel or parcels are not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Natural Resources Agency, unless the Department of Conservation, in consultation with the Department of Food and Agriculture, determines that encumbered by a parcel conservation easement or parcels are eligible to be placed enrolled in a solar-use easement based on land conservation program, the information provided in subdivision (b) that demonstrates that circumstances exist that limit the use primary purpose of which is the parcel for agricultural activities. For purposes protection of this section, the important farmland designations shall not be changed solely due to irrigation status. resources other than agriculture, such as recreation, grazing, open space, or biological resources.(b) To assist in the determination described in this section, the city city, county, or county Energy Commission shall require the landowner to provide to the Department of Conservation the following information to the extent applicable:(1) A written narrative demonstrating that even under the best currently available management practices, continued commercially viable agricultural practices would be substantially limited due to the soils reduced agricultural productivity from chemical or physical limitations.(2) A recent soil test demonstrating that the characteristics of the soil significantly reduce its commercial agricultural productivity.(3) An analysis of water availability demonstrating the insufficiency of water supplies for continued commercially viable agricultural production. production, including insufficiency based on planned consolidation of water resources on more productive parcels.(4) An analysis of water quality demonstrating that continued commercial agricultural production would, under the best currently available management practices, be significantly reduced.(5) Crop and yield information for the past six years.(c) The landowner shall provide the Department of Conservation with a proposed management plan describing how the soil will be managed during the life of the easement, how impacts to adjacent agricultural operations will be minimized, how the land will be restored to its previous general condition, as it existed at the time of project approval, upon the termination of the easement. If the Department of Conservation determines, in consultation with the Department of Food and Agriculture, and applicable groundwater sustainability agency or agencies, pursuant to subdivision (a), that lands are subject to this section, the city city, county, or county Energy Commission shall require implementation of the management plan, which shall include any recommendations provided by the Department of Conservation, as part of any project approval.(d) A determination of eligibility by the Department of Conservation pursuant to this section related to a project described in Section 21080 of the Public Resources Code shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code.(e) The Department of Conservation shall issue its determination of eligibility within 120 days following submission of a completed application package. Any application not rejected within this 120-day period shall be deemed approved.(e)(f) The Department of Conservation may establish a fee to be paid by the landowner to recover the estimated costs incurred by the department in participating in the consultation described in this section.
51191. (a) For purposes of this chapter, and for purposes of Chapter 7 (commencing with Section 51200), the Department of Conservation, in consultation with the Department of Food and Agriculture, and any applicable groundwater sustainability agency or services, upon a request from a city or county, landowner may determine, based on substantial evidence, that a parcel or parcels is eligible for rescission suspension of an agricultural land conservation contract under Section 51255.1 for placement into a solar-use easement if all of the following criteria are met:
(1) The land meets either one or more of the following: following criteria:
(A) The land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to chemical or physical limitations, topography, drainage, flooding, adverse soil conditions, or other physical reasons.
(B) The land has severely adverse soil conditions that are detrimental to continued agricultural activities and production. Severely adverse soil conditions may include, but are not limited to, contamination by salts or selenium, or other naturally occurring contaminants.
(C) There are or will be insufficient surface water or groundwater rights associated with the land to support commercially viable irrigated agricultural use.
(2) The land meets both of the following criteria:
(A) The parcel or parcels have an average grade of less than 10 percent and have been historically used primarily as irrigated cropland rather than having been historically used primarily as unirrigated grazing land.
(2)
(B) The parcel or parcels are not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Natural Resources Agency, unless the Department of Conservation, in consultation with the Department of Food and Agriculture, determines that encumbered by a parcel conservation easement or parcels are eligible to be placed enrolled in a solar-use easement based on land conservation program, the information provided in subdivision (b) that demonstrates that circumstances exist that limit the use primary purpose of which is the parcel for agricultural activities. For purposes protection of this section, the important farmland designations shall not be changed solely due to irrigation status. resources other than agriculture, such as recreation, grazing, open space, or biological resources.
(b) To assist in the determination described in this section, the city city, county, or county Energy Commission shall require the landowner to provide to the Department of Conservation the following information to the extent applicable:
(1) A written narrative demonstrating that even under the best currently available management practices, continued commercially viable agricultural practices would be substantially limited due to the soils reduced agricultural productivity from chemical or physical limitations.
(2) A recent soil test demonstrating that the characteristics of the soil significantly reduce its commercial agricultural productivity.
(3) An analysis of water availability demonstrating the insufficiency of water supplies for continued commercially viable agricultural production. production, including insufficiency based on planned consolidation of water resources on more productive parcels.
(4) An analysis of water quality demonstrating that continued commercial agricultural production would, under the best currently available management practices, be significantly reduced.
(5) Crop and yield information for the past six years.
(c) The landowner shall provide the Department of Conservation with a proposed management plan describing how the soil will be managed during the life of the easement, how impacts to adjacent agricultural operations will be minimized, how the land will be restored to its previous general condition, as it existed at the time of project approval, upon the termination of the easement. If the Department of Conservation determines, in consultation with the Department of Food and Agriculture, and applicable groundwater sustainability agency or agencies, pursuant to subdivision (a), that lands are subject to this section, the city city, county, or county Energy Commission shall require implementation of the management plan, which shall include any recommendations provided by the Department of Conservation, as part of any project approval.
(d) A determination of eligibility by the Department of Conservation pursuant to this section related to a project described in Section 21080 of the Public Resources Code shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code.
(e) The Department of Conservation shall issue its determination of eligibility within 120 days following submission of a completed application package. Any application not rejected within this 120-day period shall be deemed approved.
(e)
(f) The Department of Conservation may establish a fee to be paid by the landowner to recover the estimated costs incurred by the department in participating in the consultation described in this section.
SEC. 3. Section 51191.1 of the Government Code is amended to read:51191.1. Any county or city may city, or the Energy Commission, may, upon request from a landowner and a determination of eligibility in accordance with subdivision (a) of Section 51191, enter into an agreement with a landowner pursuant to Section 51255.1 to use lands determined to be eligible pursuant to subdivision (a) of Section 51191 in a solar-use easement in the manner provided in this chapter.
SEC. 3. Section 51191.1 of the Government Code is amended to read:
### SEC. 3.
51191.1. Any county or city may city, or the Energy Commission, may, upon request from a landowner and a determination of eligibility in accordance with subdivision (a) of Section 51191, enter into an agreement with a landowner pursuant to Section 51255.1 to use lands determined to be eligible pursuant to subdivision (a) of Section 51191 in a solar-use easement in the manner provided in this chapter.
51191.1. Any county or city may city, or the Energy Commission, may, upon request from a landowner and a determination of eligibility in accordance with subdivision (a) of Section 51191, enter into an agreement with a landowner pursuant to Section 51255.1 to use lands determined to be eligible pursuant to subdivision (a) of Section 51191 in a solar-use easement in the manner provided in this chapter.
51191.1. Any county or city may city, or the Energy Commission, may, upon request from a landowner and a determination of eligibility in accordance with subdivision (a) of Section 51191, enter into an agreement with a landowner pursuant to Section 51255.1 to use lands determined to be eligible pursuant to subdivision (a) of Section 51191 in a solar-use easement in the manner provided in this chapter.
51191.1. Any county or city may city, or the Energy Commission, may, upon request from a landowner and a determination of eligibility in accordance with subdivision (a) of Section 51191, enter into an agreement with a landowner pursuant to Section 51255.1 to use lands determined to be eligible pursuant to subdivision (a) of Section 51191 in a solar-use easement in the manner provided in this chapter.
SEC. 4. Section 51191.2 of the Government Code is amended to read:51191.2. The execution and acceptance of a deed or other instrument described in subdivision (c) of Section 51190 shall constitute a dedication to the public of the use of lands for solar photovoltaic use. Any term easement and covenant under this chapter shall run for a term of not less than 20 years unless a shorter term is requested by the landowner, in which case the term may be not less than 10 years. A solar-use easement for a term of years may provide that on the anniversary date of the acceptance of the solar-use easement, or on any other annual date as specified by the deed or other instrument described in subdivision (c) of Section 51190, a year shall be added automatically to the initial term unless a notice of nonrenewal is given served as provided in Section 51192.
SEC. 4. Section 51191.2 of the Government Code is amended to read:
### SEC. 4.
51191.2. The execution and acceptance of a deed or other instrument described in subdivision (c) of Section 51190 shall constitute a dedication to the public of the use of lands for solar photovoltaic use. Any term easement and covenant under this chapter shall run for a term of not less than 20 years unless a shorter term is requested by the landowner, in which case the term may be not less than 10 years. A solar-use easement for a term of years may provide that on the anniversary date of the acceptance of the solar-use easement, or on any other annual date as specified by the deed or other instrument described in subdivision (c) of Section 51190, a year shall be added automatically to the initial term unless a notice of nonrenewal is given served as provided in Section 51192.
51191.2. The execution and acceptance of a deed or other instrument described in subdivision (c) of Section 51190 shall constitute a dedication to the public of the use of lands for solar photovoltaic use. Any term easement and covenant under this chapter shall run for a term of not less than 20 years unless a shorter term is requested by the landowner, in which case the term may be not less than 10 years. A solar-use easement for a term of years may provide that on the anniversary date of the acceptance of the solar-use easement, or on any other annual date as specified by the deed or other instrument described in subdivision (c) of Section 51190, a year shall be added automatically to the initial term unless a notice of nonrenewal is given served as provided in Section 51192.
51191.2. The execution and acceptance of a deed or other instrument described in subdivision (c) of Section 51190 shall constitute a dedication to the public of the use of lands for solar photovoltaic use. Any term easement and covenant under this chapter shall run for a term of not less than 20 years unless a shorter term is requested by the landowner, in which case the term may be not less than 10 years. A solar-use easement for a term of years may provide that on the anniversary date of the acceptance of the solar-use easement, or on any other annual date as specified by the deed or other instrument described in subdivision (c) of Section 51190, a year shall be added automatically to the initial term unless a notice of nonrenewal is given served as provided in Section 51192.
51191.2. The execution and acceptance of a deed or other instrument described in subdivision (c) of Section 51190 shall constitute a dedication to the public of the use of lands for solar photovoltaic use. Any term easement and covenant under this chapter shall run for a term of not less than 20 years unless a shorter term is requested by the landowner, in which case the term may be not less than 10 years. A solar-use easement for a term of years may provide that on the anniversary date of the acceptance of the solar-use easement, or on any other annual date as specified by the deed or other instrument described in subdivision (c) of Section 51190, a year shall be added automatically to the initial term unless a notice of nonrenewal is given served as provided in Section 51192.
SEC. 5. Section 51191.3 of the Government Code is amended to read:51191.3. (a) A county or city city, or the Energy Commission, may require a deed or other instrument described in subdivision (c) of Section 51190 to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar and appurtenant facilities.(b) The restrictions, conditions, deed or covenants restriction may include, but are is not limited to, the following: (1)Mitigation measures on the land that is subject to the solar-use easement. (2)Mitigation measures beyond the land that is subject to the solar-use easement. (3)(1) If deemed necessary by the city city, county, or county Energy Commission to ensure that decommissioning requirements are met, the provision for financial assurances, such as performance bonds, letters of credit, a corporate guarantee, or other securities to fund, upon the cessation of the solar photovoltaic use, the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of that easement by the time that the easement terminates. However, any decommissioning requirement shall not be in addition to other state or local requirements that ensure decommissioning of the facility. Salvage value shall not be precluded from the calculation of the cost of decommissioning.(4)(2) Provision for necessary amendments by the parties provided that the amendments are consistent with the provisions of this chapter.(c) For term easements or self-renewing easements, the restrictions, conditions, or covenants shall include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished. The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) to implement this subdivision. section.
SEC. 5. Section 51191.3 of the Government Code is amended to read:
### SEC. 5.
51191.3. (a) A county or city city, or the Energy Commission, may require a deed or other instrument described in subdivision (c) of Section 51190 to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar and appurtenant facilities.(b) The restrictions, conditions, deed or covenants restriction may include, but are is not limited to, the following: (1)Mitigation measures on the land that is subject to the solar-use easement. (2)Mitigation measures beyond the land that is subject to the solar-use easement. (3)(1) If deemed necessary by the city city, county, or county Energy Commission to ensure that decommissioning requirements are met, the provision for financial assurances, such as performance bonds, letters of credit, a corporate guarantee, or other securities to fund, upon the cessation of the solar photovoltaic use, the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of that easement by the time that the easement terminates. However, any decommissioning requirement shall not be in addition to other state or local requirements that ensure decommissioning of the facility. Salvage value shall not be precluded from the calculation of the cost of decommissioning.(4)(2) Provision for necessary amendments by the parties provided that the amendments are consistent with the provisions of this chapter.(c) For term easements or self-renewing easements, the restrictions, conditions, or covenants shall include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished. The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) to implement this subdivision. section.
51191.3. (a) A county or city city, or the Energy Commission, may require a deed or other instrument described in subdivision (c) of Section 51190 to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar and appurtenant facilities.(b) The restrictions, conditions, deed or covenants restriction may include, but are is not limited to, the following: (1)Mitigation measures on the land that is subject to the solar-use easement. (2)Mitigation measures beyond the land that is subject to the solar-use easement. (3)(1) If deemed necessary by the city city, county, or county Energy Commission to ensure that decommissioning requirements are met, the provision for financial assurances, such as performance bonds, letters of credit, a corporate guarantee, or other securities to fund, upon the cessation of the solar photovoltaic use, the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of that easement by the time that the easement terminates. However, any decommissioning requirement shall not be in addition to other state or local requirements that ensure decommissioning of the facility. Salvage value shall not be precluded from the calculation of the cost of decommissioning.(4)(2) Provision for necessary amendments by the parties provided that the amendments are consistent with the provisions of this chapter.(c) For term easements or self-renewing easements, the restrictions, conditions, or covenants shall include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished. The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) to implement this subdivision. section.
51191.3. (a) A county or city city, or the Energy Commission, may require a deed or other instrument described in subdivision (c) of Section 51190 to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar and appurtenant facilities.(b) The restrictions, conditions, deed or covenants restriction may include, but are is not limited to, the following: (1)Mitigation measures on the land that is subject to the solar-use easement. (2)Mitigation measures beyond the land that is subject to the solar-use easement. (3)(1) If deemed necessary by the city city, county, or county Energy Commission to ensure that decommissioning requirements are met, the provision for financial assurances, such as performance bonds, letters of credit, a corporate guarantee, or other securities to fund, upon the cessation of the solar photovoltaic use, the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of that easement by the time that the easement terminates. However, any decommissioning requirement shall not be in addition to other state or local requirements that ensure decommissioning of the facility. Salvage value shall not be precluded from the calculation of the cost of decommissioning.(4)(2) Provision for necessary amendments by the parties provided that the amendments are consistent with the provisions of this chapter.(c) For term easements or self-renewing easements, the restrictions, conditions, or covenants shall include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished. The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) to implement this subdivision. section.
51191.3. (a) A county or city city, or the Energy Commission, may require a deed or other instrument described in subdivision (c) of Section 51190 to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar and appurtenant facilities.
(b) The restrictions, conditions, deed or covenants restriction may include, but are is not limited to, the following:
(1)Mitigation measures on the land that is subject to the solar-use easement.
(2)Mitigation measures beyond the land that is subject to the solar-use easement.
(3)
(1) If deemed necessary by the city city, county, or county Energy Commission to ensure that decommissioning requirements are met, the provision for financial assurances, such as performance bonds, letters of credit, a corporate guarantee, or other securities to fund, upon the cessation of the solar photovoltaic use, the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of that easement by the time that the easement terminates. However, any decommissioning requirement shall not be in addition to other state or local requirements that ensure decommissioning of the facility. Salvage value shall not be precluded from the calculation of the cost of decommissioning.
(4)
(2) Provision for necessary amendments by the parties provided that the amendments are consistent with the provisions of this chapter.
(c) For term easements or self-renewing easements, the restrictions, conditions, or covenants shall include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished. The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) to implement this subdivision. section.
SEC. 6. Section 51191.4 of the Government Code is amended to read:51191.4. No A deed or other instrument described in subdivision (c) of Section 51190 shall not be effective until it has been accepted or approved by resolution of the governing body of the county or city and its acceptance endorsed thereon. or the Energy Commission accepts the deed or instrument.
SEC. 6. Section 51191.4 of the Government Code is amended to read:
### SEC. 6.
51191.4. No A deed or other instrument described in subdivision (c) of Section 51190 shall not be effective until it has been accepted or approved by resolution of the governing body of the county or city and its acceptance endorsed thereon. or the Energy Commission accepts the deed or instrument.
51191.4. No A deed or other instrument described in subdivision (c) of Section 51190 shall not be effective until it has been accepted or approved by resolution of the governing body of the county or city and its acceptance endorsed thereon. or the Energy Commission accepts the deed or instrument.
51191.4. No A deed or other instrument described in subdivision (c) of Section 51190 shall not be effective until it has been accepted or approved by resolution of the governing body of the county or city and its acceptance endorsed thereon. or the Energy Commission accepts the deed or instrument.
51191.4. No A deed or other instrument described in subdivision (c) of Section 51190 shall not be effective until it has been accepted or approved by resolution of the governing body of the county or city and its acceptance endorsed thereon. or the Energy Commission accepts the deed or instrument.
SEC. 7. Section 51191.5 of the Government Code is amended to read:51191.5. (a) During the term of the solar-use easement, the county county, city, or city Energy Commission shall not approve any land use on land covered by a solar easement that is inconsistent with the easement, and no building permit or construction notice to proceed may be issued for any structure that would violate the easement. The county or city shall seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement. If the county or city fails to seek an injunction against any threatened construction or other development or activity on the land that would violate the easement or to seek a mandatory injunction requiring the removal of any structure erected in violation of the easement, or if the county or city should construct any structure or development or conduct or permit any activity in violation of the easement, a person or entity may, by appropriate proceedings, seek an injunction. (b)The court may award to a plaintiff who prevails in an action authorized by this section his or her cost of litigation, including reasonable attorneys fees. (c)(b) Nothing in this chapter shall limit the power of the state or any county, city, school district, or any other local public district, agency, or entity, or any other person authorized by law, to acquire land subject to a solar-use easement by eminent domain.
SEC. 7. Section 51191.5 of the Government Code is amended to read:
### SEC. 7.
51191.5. (a) During the term of the solar-use easement, the county county, city, or city Energy Commission shall not approve any land use on land covered by a solar easement that is inconsistent with the easement, and no building permit or construction notice to proceed may be issued for any structure that would violate the easement. The county or city shall seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement. If the county or city fails to seek an injunction against any threatened construction or other development or activity on the land that would violate the easement or to seek a mandatory injunction requiring the removal of any structure erected in violation of the easement, or if the county or city should construct any structure or development or conduct or permit any activity in violation of the easement, a person or entity may, by appropriate proceedings, seek an injunction. (b)The court may award to a plaintiff who prevails in an action authorized by this section his or her cost of litigation, including reasonable attorneys fees. (c)(b) Nothing in this chapter shall limit the power of the state or any county, city, school district, or any other local public district, agency, or entity, or any other person authorized by law, to acquire land subject to a solar-use easement by eminent domain.
51191.5. (a) During the term of the solar-use easement, the county county, city, or city Energy Commission shall not approve any land use on land covered by a solar easement that is inconsistent with the easement, and no building permit or construction notice to proceed may be issued for any structure that would violate the easement. The county or city shall seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement. If the county or city fails to seek an injunction against any threatened construction or other development or activity on the land that would violate the easement or to seek a mandatory injunction requiring the removal of any structure erected in violation of the easement, or if the county or city should construct any structure or development or conduct or permit any activity in violation of the easement, a person or entity may, by appropriate proceedings, seek an injunction. (b)The court may award to a plaintiff who prevails in an action authorized by this section his or her cost of litigation, including reasonable attorneys fees. (c)(b) Nothing in this chapter shall limit the power of the state or any county, city, school district, or any other local public district, agency, or entity, or any other person authorized by law, to acquire land subject to a solar-use easement by eminent domain.
51191.5. (a) During the term of the solar-use easement, the county county, city, or city Energy Commission shall not approve any land use on land covered by a solar easement that is inconsistent with the easement, and no building permit or construction notice to proceed may be issued for any structure that would violate the easement. The county or city shall seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement. If the county or city fails to seek an injunction against any threatened construction or other development or activity on the land that would violate the easement or to seek a mandatory injunction requiring the removal of any structure erected in violation of the easement, or if the county or city should construct any structure or development or conduct or permit any activity in violation of the easement, a person or entity may, by appropriate proceedings, seek an injunction. (b)The court may award to a plaintiff who prevails in an action authorized by this section his or her cost of litigation, including reasonable attorneys fees. (c)(b) Nothing in this chapter shall limit the power of the state or any county, city, school district, or any other local public district, agency, or entity, or any other person authorized by law, to acquire land subject to a solar-use easement by eminent domain.
51191.5. (a) During the term of the solar-use easement, the county county, city, or city Energy Commission shall not approve any land use on land covered by a solar easement that is inconsistent with the easement, and no building permit or construction notice to proceed may be issued for any structure that would violate the easement. The county or city shall seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement.
If the county or city fails to seek an injunction against any threatened construction or other development or activity on the land that would violate the easement or to seek a mandatory injunction requiring the removal of any structure erected in violation of the easement, or if the county or city should construct any structure or development or conduct or permit any activity in violation of the easement, a person or entity may, by appropriate proceedings, seek an injunction.
(b)The court may award to a plaintiff who prevails in an action authorized by this section his or her cost of litigation, including reasonable attorneys fees.
(c)
(b) Nothing in this chapter shall limit the power of the state or any county, city, school district, or any other local public district, agency, or entity, or any other person authorized by law, to acquire land subject to a solar-use easement by eminent domain.
SEC. 8. Section 51192 of the Government Code is amended to read:51192. (a) A solar-use easement may be extinguished on all or a portion of the parcel only by nonrenewal, termination, by mutual consent, or by returning the land to its previous contract pursuant to Article 3 (commencing with Section 51240) of Chapter 7.(b) (1)If either the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of the parcel, that party the landowner shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed as provided in Section 51191.2. (2)Upon receipt by the owner of a notice from the county or city of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county or city may, at any time prior to the renewal date, withdraw the notice of nonrenewal. (c)If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, the existing solar-use easement shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be.
SEC. 8. Section 51192 of the Government Code is amended to read:
### SEC. 8.
51192. (a) A solar-use easement may be extinguished on all or a portion of the parcel only by nonrenewal, termination, by mutual consent, or by returning the land to its previous contract pursuant to Article 3 (commencing with Section 51240) of Chapter 7.(b) (1)If either the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of the parcel, that party the landowner shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed as provided in Section 51191.2. (2)Upon receipt by the owner of a notice from the county or city of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county or city may, at any time prior to the renewal date, withdraw the notice of nonrenewal. (c)If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, the existing solar-use easement shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be.
51192. (a) A solar-use easement may be extinguished on all or a portion of the parcel only by nonrenewal, termination, by mutual consent, or by returning the land to its previous contract pursuant to Article 3 (commencing with Section 51240) of Chapter 7.(b) (1)If either the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of the parcel, that party the landowner shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed as provided in Section 51191.2. (2)Upon receipt by the owner of a notice from the county or city of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county or city may, at any time prior to the renewal date, withdraw the notice of nonrenewal. (c)If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, the existing solar-use easement shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be.
51192. (a) A solar-use easement may be extinguished on all or a portion of the parcel only by nonrenewal, termination, by mutual consent, or by returning the land to its previous contract pursuant to Article 3 (commencing with Section 51240) of Chapter 7.(b) (1)If either the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of the parcel, that party the landowner shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed as provided in Section 51191.2. (2)Upon receipt by the owner of a notice from the county or city of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county or city may, at any time prior to the renewal date, withdraw the notice of nonrenewal. (c)If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, the existing solar-use easement shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be.
51192. (a) A solar-use easement may be extinguished on all or a portion of the parcel only by nonrenewal, termination, by mutual consent, or by returning the land to its previous contract pursuant to Article 3 (commencing with Section 51240) of Chapter 7.
(b) (1)If either the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of the parcel, that party the landowner shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered valid and, as the case may be, renewed as provided in Section 51191.2.
(2)Upon receipt by the owner of a notice from the county or city of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county or city may, at any time prior to the renewal date, withdraw the notice of nonrenewal.
(c)If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, the existing solar-use easement shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be.
SEC. 9. Section 51192.1 of the Government Code is amended to read:51192.1. In the case of a solar-use easement that is extinguished because of a notice of nonrenewal by the landowner or landowner, due to termination, or mutual consent, the landowner shall restore the land that is subject to the easement to the conditions that existed before the approval of the easement by the time the easement is extinguished. extinguished, and the suspension of the land conservation contract shall terminate and the contract once again be in full force and effect.
SEC. 9. Section 51192.1 of the Government Code is amended to read:
### SEC. 9.
51192.1. In the case of a solar-use easement that is extinguished because of a notice of nonrenewal by the landowner or landowner, due to termination, or mutual consent, the landowner shall restore the land that is subject to the easement to the conditions that existed before the approval of the easement by the time the easement is extinguished. extinguished, and the suspension of the land conservation contract shall terminate and the contract once again be in full force and effect.
51192.1. In the case of a solar-use easement that is extinguished because of a notice of nonrenewal by the landowner or landowner, due to termination, or mutual consent, the landowner shall restore the land that is subject to the easement to the conditions that existed before the approval of the easement by the time the easement is extinguished. extinguished, and the suspension of the land conservation contract shall terminate and the contract once again be in full force and effect.
51192.1. In the case of a solar-use easement that is extinguished because of a notice of nonrenewal by the landowner or landowner, due to termination, or mutual consent, the landowner shall restore the land that is subject to the easement to the conditions that existed before the approval of the easement by the time the easement is extinguished. extinguished, and the suspension of the land conservation contract shall terminate and the contract once again be in full force and effect.
51192.1. In the case of a solar-use easement that is extinguished because of a notice of nonrenewal by the landowner or landowner, due to termination, or mutual consent, the landowner shall restore the land that is subject to the easement to the conditions that existed before the approval of the easement by the time the easement is extinguished. extinguished, and the suspension of the land conservation contract shall terminate and the contract once again be in full force and effect.
SEC. 10. Section 51192.2 of the Government Code is repealed.51192.2.(a)If all or a portion of the parcel held in a solar-use easement will no longer be used for the purposes outlined in the easement the landowner may petition the county or city to approve termination of the easement.(b)Prior to any action by the county or city giving tentative approval to the termination of any easement, the county assessor of the county in which the land is located shall determine the current fair market value of the parcel or parcels to be terminated as though the parcel or parcels were free of the easement restriction. The assessor shall certify to the county or city the termination valuation of the parcel or parcels for the purpose of determining the termination fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the parcel or parcels as though the parcel or parcels were free of the easement restriction and advise the parties, that upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon completion of all actions relating to valuation or termination of the easement on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.(c)Prior to giving tentative approval to the termination of any easement, the county or city shall determine and certify to the county auditor the amount of the termination fee that the landowner shall pay the county treasurer upon termination. That fee shall be an amount equal to 1212 percent of the termination valuation of the property.(d)If it finds that it is in the public interest to do so, the county or city may waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment contingent upon the future use made of the parcel or parcels and the parcel or parcels economic return to the landowner for a period of time not to exceed the unexpired period of the easement, had it not been terminated, if both of the following occur:(1)The termination is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner.(2)The waiver or extension of time is approved by the Secretary of the Natural Resources Agency. The secretary shall approve a waiver or extension of time if the secretary finds that the granting of the waiver or extension of time by the county or city is consistent with the policies of this chapter and that the county or city complied with this article. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the county or city, the evidence in the record of the county or city, and any other evidence the secretary may receive concerning the termination, waiver, or extension of time.(e)When termination fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (b) of Section 51203 or subdivision (d) of Section 51283.(f)It is the intent of the Legislature that fees paid to terminate a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property.
SEC. 10. Section 51192.2 of the Government Code is repealed.
### SEC. 10.
51192.2.(a)If all or a portion of the parcel held in a solar-use easement will no longer be used for the purposes outlined in the easement the landowner may petition the county or city to approve termination of the easement.(b)Prior to any action by the county or city giving tentative approval to the termination of any easement, the county assessor of the county in which the land is located shall determine the current fair market value of the parcel or parcels to be terminated as though the parcel or parcels were free of the easement restriction. The assessor shall certify to the county or city the termination valuation of the parcel or parcels for the purpose of determining the termination fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the parcel or parcels as though the parcel or parcels were free of the easement restriction and advise the parties, that upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon completion of all actions relating to valuation or termination of the easement on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.(c)Prior to giving tentative approval to the termination of any easement, the county or city shall determine and certify to the county auditor the amount of the termination fee that the landowner shall pay the county treasurer upon termination. That fee shall be an amount equal to 1212 percent of the termination valuation of the property.(d)If it finds that it is in the public interest to do so, the county or city may waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment contingent upon the future use made of the parcel or parcels and the parcel or parcels economic return to the landowner for a period of time not to exceed the unexpired period of the easement, had it not been terminated, if both of the following occur:(1)The termination is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner.(2)The waiver or extension of time is approved by the Secretary of the Natural Resources Agency. The secretary shall approve a waiver or extension of time if the secretary finds that the granting of the waiver or extension of time by the county or city is consistent with the policies of this chapter and that the county or city complied with this article. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the county or city, the evidence in the record of the county or city, and any other evidence the secretary may receive concerning the termination, waiver, or extension of time.(e)When termination fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (b) of Section 51203 or subdivision (d) of Section 51283.(f)It is the intent of the Legislature that fees paid to terminate a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property.
(a)If all or a portion of the parcel held in a solar-use easement will no longer be used for the purposes outlined in the easement the landowner may petition the county or city to approve termination of the easement.
(b)Prior to any action by the county or city giving tentative approval to the termination of any easement, the county assessor of the county in which the land is located shall determine the current fair market value of the parcel or parcels to be terminated as though the parcel or parcels were free of the easement restriction. The assessor shall certify to the county or city the termination valuation of the parcel or parcels for the purpose of determining the termination fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the parcel or parcels as though the parcel or parcels were free of the easement restriction and advise the parties, that upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon completion of all actions relating to valuation or termination of the easement on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.
(c)Prior to giving tentative approval to the termination of any easement, the county or city shall determine and certify to the county auditor the amount of the termination fee that the landowner shall pay the county treasurer upon termination. That fee shall be an amount equal to 1212 percent of the termination valuation of the property.
(d)If it finds that it is in the public interest to do so, the county or city may waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment contingent upon the future use made of the parcel or parcels and the parcel or parcels economic return to the landowner for a period of time not to exceed the unexpired period of the easement, had it not been terminated, if both of the following occur:
(1)The termination is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner.
(2)The waiver or extension of time is approved by the Secretary of the Natural Resources Agency. The secretary shall approve a waiver or extension of time if the secretary finds that the granting of the waiver or extension of time by the county or city is consistent with the policies of this chapter and that the county or city complied with this article. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the county or city, the evidence in the record of the county or city, and any other evidence the secretary may receive concerning the termination, waiver, or extension of time.
(e)When termination fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (b) of Section 51203 or subdivision (d) of Section 51283.
(f)It is the intent of the Legislature that fees paid to terminate a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property.
SEC. 11. Section 51255.1 of the Government Code is repealed.51255.1.(a)Notwithstanding any other provision of this chapter, the parties may, upon their mutual agreement, rescind a contract for a parcel or parcels of land that, upon review and approval, are determined by the Department of Conservation to be eligible to be placed into a solar-use easement pursuant to Section 51191 in order to simultaneously enter into a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190). This action may be taken notwithstanding the prior serving of a notice of nonrenewal.(b)Nothing in this section limits the ability of the parties to a contract to seek nonrenewal or to petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract termination, Williamson Act compliance, or a county finding that a solar facility is a compatible use pursuant to this chapter.(c)(1)Prior to the board or council agreeing to mutually rescind a contract pursuant to this section, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the fair market valuation of the land for the purpose of determining the rescission fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the land as though it were free of the contractual restriction and advise the parties that, upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon termination of all actions relating to valuation or rescission of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.(2)Prior to agreeing to mutually rescind a contract pursuant to this section, the board or council shall determine and certify to the county auditor the amount of the rescission fee that the landowner shall pay the county treasurer upon rescission. That fee shall be an amount equal to 6 14 percent of the fair market valuation of the property if the land was held under a contract pursuant to Section 51240, and 12 12 percent if the land was held in a contract designating the property as a farmland security zone.(3)When rescission fees required by this subdivision are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (d) of Section 51283. The funds collected by the county treasurer with respect to each rescission of a contract shall be transmitted to the Controller within 30 days of the execution of the mutual rescission of the contract by the parties.(4)It is the intent of the Legislature that fees paid to rescind a contract do not constitute taxes, but are payments that, when made, provide a private benefit that tends to increase the value of the property.
SEC. 11. Section 51255.1 of the Government Code is repealed.
### SEC. 11.
51255.1.(a)Notwithstanding any other provision of this chapter, the parties may, upon their mutual agreement, rescind a contract for a parcel or parcels of land that, upon review and approval, are determined by the Department of Conservation to be eligible to be placed into a solar-use easement pursuant to Section 51191 in order to simultaneously enter into a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190). This action may be taken notwithstanding the prior serving of a notice of nonrenewal.(b)Nothing in this section limits the ability of the parties to a contract to seek nonrenewal or to petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract termination, Williamson Act compliance, or a county finding that a solar facility is a compatible use pursuant to this chapter.(c)(1)Prior to the board or council agreeing to mutually rescind a contract pursuant to this section, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the fair market valuation of the land for the purpose of determining the rescission fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the land as though it were free of the contractual restriction and advise the parties that, upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon termination of all actions relating to valuation or rescission of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.(2)Prior to agreeing to mutually rescind a contract pursuant to this section, the board or council shall determine and certify to the county auditor the amount of the rescission fee that the landowner shall pay the county treasurer upon rescission. That fee shall be an amount equal to 6 14 percent of the fair market valuation of the property if the land was held under a contract pursuant to Section 51240, and 12 12 percent if the land was held in a contract designating the property as a farmland security zone.(3)When rescission fees required by this subdivision are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (d) of Section 51283. The funds collected by the county treasurer with respect to each rescission of a contract shall be transmitted to the Controller within 30 days of the execution of the mutual rescission of the contract by the parties.(4)It is the intent of the Legislature that fees paid to rescind a contract do not constitute taxes, but are payments that, when made, provide a private benefit that tends to increase the value of the property.
(a)Notwithstanding any other provision of this chapter, the parties may, upon their mutual agreement, rescind a contract for a parcel or parcels of land that, upon review and approval, are determined by the Department of Conservation to be eligible to be placed into a solar-use easement pursuant to Section 51191 in order to simultaneously enter into a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190). This action may be taken notwithstanding the prior serving of a notice of nonrenewal.
(b)Nothing in this section limits the ability of the parties to a contract to seek nonrenewal or to petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract termination, Williamson Act compliance, or a county finding that a solar facility is a compatible use pursuant to this chapter.
(c)(1)Prior to the board or council agreeing to mutually rescind a contract pursuant to this section, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the fair market valuation of the land for the purpose of determining the rescission fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the land as though it were free of the contractual restriction and advise the parties that, upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon termination of all actions relating to valuation or rescission of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.
(2)Prior to agreeing to mutually rescind a contract pursuant to this section, the board or council shall determine and certify to the county auditor the amount of the rescission fee that the landowner shall pay the county treasurer upon rescission. That fee shall be an amount equal to 6 14 percent of the fair market valuation of the property if the land was held under a contract pursuant to Section 51240, and 12 12 percent if the land was held in a contract designating the property as a farmland security zone.
(3)When rescission fees required by this subdivision are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (d) of Section 51283. The funds collected by the county treasurer with respect to each rescission of a contract shall be transmitted to the Controller within 30 days of the execution of the mutual rescission of the contract by the parties.
(4)It is the intent of the Legislature that fees paid to rescind a contract do not constitute taxes, but are payments that, when made, provide a private benefit that tends to increase the value of the property.
SEC. 12. Section 51255.1 is added to the Government Code, to read:51255.1. (a) Notwithstanding any other provision of this chapter, any agricultural land conservation contract effecting a parcel or parcels of land that, upon review, are determined by the Department of Conservation to be eligible to be placed in a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51191) and for which a solar-use easement has been entered into by either the Energy Commission or local government shall be suspended for the term of the solar use easement. This suspension shall occur notwithstanding the prior serving of a notice of nonrenewal.(b) Nothing in this section limits the ability of the parties to a contract to seek nonrenewal, or petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract suspension, termination, Williamson Act compliance, or a county or city finding that a solar facility is a compatible use pursuant to this chapter.
SEC. 12. Section 51255.1 is added to the Government Code, to read:
### SEC. 12.
51255.1. (a) Notwithstanding any other provision of this chapter, any agricultural land conservation contract effecting a parcel or parcels of land that, upon review, are determined by the Department of Conservation to be eligible to be placed in a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51191) and for which a solar-use easement has been entered into by either the Energy Commission or local government shall be suspended for the term of the solar use easement. This suspension shall occur notwithstanding the prior serving of a notice of nonrenewal.(b) Nothing in this section limits the ability of the parties to a contract to seek nonrenewal, or petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract suspension, termination, Williamson Act compliance, or a county or city finding that a solar facility is a compatible use pursuant to this chapter.
51255.1. (a) Notwithstanding any other provision of this chapter, any agricultural land conservation contract effecting a parcel or parcels of land that, upon review, are determined by the Department of Conservation to be eligible to be placed in a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51191) and for which a solar-use easement has been entered into by either the Energy Commission or local government shall be suspended for the term of the solar use easement. This suspension shall occur notwithstanding the prior serving of a notice of nonrenewal.(b) Nothing in this section limits the ability of the parties to a contract to seek nonrenewal, or petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract suspension, termination, Williamson Act compliance, or a county or city finding that a solar facility is a compatible use pursuant to this chapter.
51255.1. (a) Notwithstanding any other provision of this chapter, any agricultural land conservation contract effecting a parcel or parcels of land that, upon review, are determined by the Department of Conservation to be eligible to be placed in a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51191) and for which a solar-use easement has been entered into by either the Energy Commission or local government shall be suspended for the term of the solar use easement. This suspension shall occur notwithstanding the prior serving of a notice of nonrenewal.(b) Nothing in this section limits the ability of the parties to a contract to seek nonrenewal, or petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract suspension, termination, Williamson Act compliance, or a county or city finding that a solar facility is a compatible use pursuant to this chapter.
51255.1. (a) Notwithstanding any other provision of this chapter, any agricultural land conservation contract effecting a parcel or parcels of land that, upon review, are determined by the Department of Conservation to be eligible to be placed in a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51191) and for which a solar-use easement has been entered into by either the Energy Commission or local government shall be suspended for the term of the solar use easement. This suspension shall occur notwithstanding the prior serving of a notice of nonrenewal.
(b) Nothing in this section limits the ability of the parties to a contract to seek nonrenewal, or petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract suspension, termination, Williamson Act compliance, or a county or city finding that a solar facility is a compatible use pursuant to this chapter.
SEC. 13. Section 21080 of the Public Resources Code is amended to read:21080. (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.(b) This division does not apply to any of the following activities:(1) Ministerial projects proposed to be carried out or approved by public agencies.(2) Emergency repairs to public service facilities necessary to maintain service.(3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.(4) Specific actions necessary to prevent or mitigate an emergency.(5) Projects that a public agency rejects or disapproves.(6) Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.(7) Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games.(8) The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.(9) All classes of projects designated pursuant to Section 21084.(10) A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, highway has the same meaning as defined in Section 360 of the Vehicle Code.(11) A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.(12) Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.(13) A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.(14) A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.(15) Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.(16) Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.(17) The entry into or recordation of a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.(c) If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:(1) There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.(2) An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.(d) If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.(e) (1) For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.(2) Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.(f) As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.(g) This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agencys approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.
SEC. 13. Section 21080 of the Public Resources Code is amended to read:
### SEC. 13.
21080. (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.(b) This division does not apply to any of the following activities:(1) Ministerial projects proposed to be carried out or approved by public agencies.(2) Emergency repairs to public service facilities necessary to maintain service.(3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.(4) Specific actions necessary to prevent or mitigate an emergency.(5) Projects that a public agency rejects or disapproves.(6) Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.(7) Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games.(8) The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.(9) All classes of projects designated pursuant to Section 21084.(10) A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, highway has the same meaning as defined in Section 360 of the Vehicle Code.(11) A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.(12) Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.(13) A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.(14) A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.(15) Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.(16) Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.(17) The entry into or recordation of a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.(c) If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:(1) There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.(2) An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.(d) If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.(e) (1) For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.(2) Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.(f) As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.(g) This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agencys approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.
21080. (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.(b) This division does not apply to any of the following activities:(1) Ministerial projects proposed to be carried out or approved by public agencies.(2) Emergency repairs to public service facilities necessary to maintain service.(3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.(4) Specific actions necessary to prevent or mitigate an emergency.(5) Projects that a public agency rejects or disapproves.(6) Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.(7) Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games.(8) The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.(9) All classes of projects designated pursuant to Section 21084.(10) A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, highway has the same meaning as defined in Section 360 of the Vehicle Code.(11) A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.(12) Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.(13) A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.(14) A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.(15) Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.(16) Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.(17) The entry into or recordation of a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.(c) If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:(1) There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.(2) An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.(d) If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.(e) (1) For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.(2) Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.(f) As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.(g) This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agencys approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.
21080. (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.(b) This division does not apply to any of the following activities:(1) Ministerial projects proposed to be carried out or approved by public agencies.(2) Emergency repairs to public service facilities necessary to maintain service.(3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.(4) Specific actions necessary to prevent or mitigate an emergency.(5) Projects that a public agency rejects or disapproves.(6) Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.(7) Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games.(8) The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.(9) All classes of projects designated pursuant to Section 21084.(10) A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, highway has the same meaning as defined in Section 360 of the Vehicle Code.(11) A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.(12) Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.(13) A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.(14) A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.(15) Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.(16) Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.(17) The entry into or recordation of a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.(c) If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:(1) There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.(2) An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.(d) If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.(e) (1) For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.(2) Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.(f) As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.(g) This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agencys approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.
21080. (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.
(b) This division does not apply to any of the following activities:
(1) Ministerial projects proposed to be carried out or approved by public agencies.
(2) Emergency repairs to public service facilities necessary to maintain service.
(3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(4) Specific actions necessary to prevent or mitigate an emergency.
(5) Projects that a public agency rejects or disapproves.
(6) Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.
(7) Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games.
(8) The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.
(9) All classes of projects designated pursuant to Section 21084.
(10) A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, highway has the same meaning as defined in Section 360 of the Vehicle Code.
(11) A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.
(12) Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.
(13) A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.
(14) A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.
(15) Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.
(16) Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.
(17) The entry into or recordation of a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code.
(c) If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:
(1) There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.
(2) An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.
(d) If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.
(e) (1) For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.
(2) Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.
(f) As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.
(g) This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agencys approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.
As used in this chapter, the following terms have the following meanings:
(a)City means any city or city and county.
(b)Landowner includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction.
(c)Solar-use easement means any right or interest acquired by a county or city for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural, open-space uses, or other alternative renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, or city running with the land for a term of years, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic facilities.
(d)The changes made to this section by the act that added this subdivision shall apply only to easements that were rescinded and converted to solar use pursuant to Section 51255.1 after January 1, 2026.