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AB 35

Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024: Administrative Procedure Act: exemption: program guidelines and selection criteria.

2025-2026 Regular Session Introduced by Juan Alanis and 37 co-sponsors

Creates a time-limited, streamlined CEQA review for qualifying clean hydrogen transportation projects to speed permits, with labor, GHG, and air-pollution safeguards, expiring 2036.

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 68. Noes 0.).
#administrativeprocedureact #safedrinkingwater #wildfireprevention #droughtpreparedness #andcleanairbondactof2024 #exemption #programguidelinesandselectioncriteria
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Bill Summary · AB 35

AB 35 — California Environmental Quality Act: clean hydrogen transportation projects (Alvarez)

Status: Re‑referred to Assembly Committee on Natural Resources (4/22/2025)
Introduced: 12/02/2024

Purpose

AB 35 creates a time‑limited, streamlined CEQA review pathway for certain "clean hydrogen transportation projects" (primarily hydrogen pipeline systems and associated facilities) that meet defined environmental, workforce, and funding criteria. The bill is intended to accelerate permitting and deployment of qualifying clean hydrogen infrastructure while imposing specific performance and labor requirements. Provisions expire January 1, 2036.

Key definitions and eligibility

A "clean hydrogen transportation project" must satisfy all of the following (summary of statutory criteria):
- Have received state or federal funding on or before January 1, 2032, or be included in an Alliance for Renewable Clean Hydrogen Energy Systems hydrogen hub application to DOE.
- Transport hydrogen produced without using fossil fuels as feedstock or energy source.
- Meet specified labor and workforce requirements (see Sections 25545.3.3 and 25545.3.5).
- Meet the minimum investment and greenhouse‑gas reduction requirements applicable to an “environmental leadership development project” (Section 21183), including counting downstream user GHG reductions attributable to replacing fuels with the transported clean hydrogen.
- Result in operational reductions in criteria pollutants, including oxides of nitrogen (including reductions from end‑use fuel replacement).
- For linear projects, at least 25% of linear infrastructure must be built within previously disturbed corridors.
- Applicant must enter into the environmental leadership development project agreement required by Section 21183.

CEQA review and permitting process

  • Applicants for discretionary permits/authorizations are to be reviewed through a "clean hydrogen environmental assessment" (a limited CEQA review) unless the applicant requests otherwise.
  • Lead agency must determine completeness of an application within 30 days and may request additional information (agency must transmit requests within 30 days).
  • An application is deemed complete either 30 days after submission if no additional information is requested, or immediately upon acceptance of any requested information.
  • Lead agencies may request extra information to respond to public agency comments; applicants must supply it within 30 days.

Decision and timing limits

  • Except in specified circumstances, the lead agency must decide whether to approve the clean hydrogen environmental assessment and issue the discretionary permit/authorization no later than 270 days after the application is deemed complete.
  • The 270‑day deadline may be extended for reasons including substantial project changes, new information, changed circumstances, or need for additional seasonal surveys as determined in consultation with trustee agencies (e.g., Department of Fish and Wildlife, State Water Resources Control Board).

Judicial review

  • Actions challenging approval of the assessment or permit for a qualifying project (including appeals) are to be resolved, to the extent feasible, within 270 days after the certified administrative record is filed with the court — providing an expedited judicial timetable.

Who is affected

  • Project applicants proposing qualifying hydrogen pipelines and associated facilities (private developers, utilities, public agencies).
  • Local, regional, and state lead agencies responsible for CEQA review and permitting.
  • Trustee agencies (e.g., Fish & Wildlife, State Water Resources Control Board) involved in environmental review.
  • Workers and labor organizations (due to labor/workforce requirements).
  • Nearby communities, environmental justice stakeholders, and environmental organizations — due to streamlined review and project siting provisions.

Potential impacts and considerations

  • Accelerates permitting for eligible clean hydrogen infrastructure that meets strict environmental and workforce criteria.
  • Encourages non‑fossil hydrogen projects that demonstrably reduce GHGs and local air pollutants.
  • Reduces CEQA timelines and channels review into a focused assessment, which proponents say speeds deployment; opponents may note reduced procedural timelines could limit public process or lead to more legal disputes.
  • Imposes state‑mandated duties on local agencies (bill states no state reimbursement required under specified constitutional provision).
  • Provisions expire on January 1, 2036.

Legislative status and procedural notes

  • Introduced 12/02/2024 (first reading); printed 12/03/2024.
  • Referred to Natural Resources and Judiciary Committees (2/18/2025).
  • Amended and re‑referred to Natural Resources (4/21–4/22/2025).
  • Author: Assemblymember Alvarez. Fiscal committee review required; bill contains no appropriation.

Compiled from official sources — confirm details with the bill’s official record.

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