Permitting is crucial to deploy renewable energy power plants, which are essential to meet the state’s climate goals. With half a century of permitting experience under the California Environmental Quality Act, Assembly Bill (AB) 205 (2022) has broadened the California Energy Commission's (CEC) authority. This expansion allows the CEC to oversee the permitting of clean and renewable energy facilities, including solar photovoltaic, onshore wind, and energy storage systems, and facilities that produce or assemble clean energy technologies or their components. Known as the Opt-In Certification Program, this permitting process offers developers an optional pathway to submit project applications, facilitating faster deployment of clean and renewable technologies.
Visit the Opt-In Certification Dashboard for information on the current status of each Opt-In project.
Under AB 205, the CEC is the lead agency, under the California Environmental Quality Act (CEQA), for environmental review and permitting for any facility that elects to opt into the CEC’s jurisdiction. The Opt-In program requires the CEC to:
- Prepare an environmental impact report (EIR), mitigated negative declaration (MND), or negative declaration (ND), under CEQA.
- Certify compliance with requirements such as community benefits agreement and project labor agreements.
- Make a decision on whether to approve the project within 270 days of receiving a complete application.
The following types of facilities are eligible to apply to the Opt-In Certification Program:
- Solar photovoltaic or terrestrial wind electrical generating power plants generating 50 megawatts (MW) or greater.
- Energy storage systems capable of storing 200 megawatt-hours (MWh) or more
- Stationary power plants 50 MW or greater using any source of thermal energy, excluding fossil or nuclear fuels.
- Transmission lines associated with these generating and storage facilities.
- Specified facilities that manufacture or assemble clean energy or storage technologies or related components.
- Hydrogen production facilities (not derived from fossil fuel feedstock) and associated onsite storage and processing facilities.
- Geothermal power plants or projects that comprise multiple geothermal powerplants on a single site.
A key part of creating a safe and reliable electric system is ensuring that the review of these proposed facilities includes a process for public input. Within five days of each project application being deemed complete, the CEC sends an invitation to request consultations with California Native American tribes. Within 30 days, the CEC holds a public scoping and informational meeting. By day 150, the CEC posts a Staff Assessment, which includes a draft Environmental Impact Report (EIR), a mitigated negative declaration (MND), or negative declaration (ND). Within 30-60 days of posting the Staff Assessment, the CEC holds a public meeting on the Staff Assessment and provides 60 days for public comment. By the 270th day, or as soon as practicable thereafter, the proposed project and Updated Staff Assessment will be brought to a CEC business meeting for license consideration.
Proposed Projects
There are two ways to receive updates and notifications about the Opt-In Certification Program.
For specific projects, subscribe on the project webpage to receive all documents filed to the project’s docket.
For general program updates and notifications about major project milestones, such as new project applications, upcoming public meetings and publication of reports, subscribe for Opt-In Certification Program Updates in the box on the right side of this page.
Fact Sheets
- Opt-In Certification Fact Sheet (English)
- Opt-In Certification Fact Sheet (Español)
- Opt-In Certification FAQ (English)
- Opt-In Certification FAQ (Español)
Resources
These resources may be updated periodically by CEC staff.
FAQ on Opt-In Certification
The CEC is required to prepare an environmental impact report (EIR), or mitigated negative declaration (MND), or negative declaration (ND) under the California Environmental Quality Act (CEQA) and make its decision at a public meeting on the application within 270 days of receiving a complete application. The law identifies certain factors that could impact the CEC’s ability to render a decision within 270 days, including the identification of new significant effects after publication of the Draft EIR, MND, or ND that requires additional public comment.
The CEC is required to coordinate its review of Opt-In applications with the California Department of Fish and Wildlife (CDFW), the State Water Resources Control Board, and applicable Regional Water Quality Control Boards (“Water Boards”), and the Department of Toxic Substances Control (DTSC). CEC must consult with CDFW to ensure necessary information is submitted during the CEC certification process to grant any authorizations under the Fish and Game Code (e.g., authorized take of a listed species) in lieu of CDFW, and for the agencies that retain their permitting authority to issue their respective permits. The CEC is required to consult with all responsible and trustee agencies on the scope and content of the EIR, MND, or ND under CEQA. The CEC must also certify the administrative record within 5 days of certifying the EIR, or adopting the MND, or ND, and granting a certificate to build and operate a project.
Agencies that retain their permitting authority are required to issue permits within 90 days of a CEC decision to certify a project. Per memorandums of understanding, CDFW, Water Boards, and DTSC may also participate in pre-filing meetings and CEQA review of proposed projects.
Yes. Within five days of an application being deemed complete, the CEC is required to send requests for consultation letters to tribes that are culturally and traditionally associated with the geographic area of a proposed project. During the consultation process, the CEC is required to solicit the traditional ecological knowledge of affiliated tribes and incorporate this knowledge where feasible in the EIR. The CEC is required to take all feasible measures to avoid or minimize adverse effects to tribal cultural resources.
Yes. There are multiple opportunities for the public to provide comments. The CEC will announce the receipt of an Opt-In application through its email subscription service, and by advertising in a newspaper of general circulation in the project area. Within 30 days of an application being deemed complete and prior to publication of the Staff Assessment, which includes a Draft EIR, MND, or ND, the CEC is required to hold a public informational and scoping meeting as close as practicable to the proposed project site. There will be a 60-day comment period on the Staff Assessment and the CEC will hold at least one public meeting in the project area to take public comment. All public meetings will be announced at least 10 days in advance.
Yes. If a project is approved, CEC’s certificate is in lieu of any local permit or local law or ordinance under the authority set forth in Public Resources Code section 25545.1(b)(1). CEC will analyze whether the project will comply with all applicable laws, ordinances, regulations, and standards, and attempt to resolve non-compliance when possible. The CEC is required to invite the local government to attend a mandatory pre-filing meeting with an applicant.
To approve an Opt-In project, the CEC must find that the applicant has entered into a community benefits agreement, and that the applicant has certified payment of prevailing wage, or equivalent, for all construction, and the use of a skilled and trained workforce, or equivalent, for all construction.
The CEC must make findings under CEQA for any project that would have a significant effect on the environment. For each significant effect, the CEC must find that project changes have been required to avoid or substantially lessen the significant effect, or that mitigation or alternatives to avoid or substantially lessen the significant effect are infeasible. To approve a project that is found to have a significant and unavoidable impact on the environment, the CEC will need to adopt a statement of overriding considerations that identifies how the project’s benefits will outweigh any unavoidable impact.
The CEC’s certificate is in lieu of any permit that would normally be required by the local land use authority and most but not all state permits. The CEC’s permit will not supersede the permitting requirements of the California Coastal Commission or San Francisco Bay Conservation and Development Commission for projects in these agencies’ jurisdiction. Nor will the CEC’s permit supersede the permits of the applicable Regional Water Quality Control Board, and in the case of manufacturing facilities, the permits required by the applicable local air district and Department of Toxic Substances Control.
Opt-In Process Timeline Requirements
Prefiling Meeting
Must occur at least 30 days prior to filing an application.
Application Filing
- CEC must share the application with local governments, interested parties, and media.
- CEC must issue a Determination of Completeness Notice within 30 days of application filed.
- If application deemed incomplete, the CEC issues a notice that incudes the data and information still needed.
- If application deemed complete, the CEC issues a completeness notice and begins the environmental review process.
Environmental Review
- Prepare an Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration.
- CEC can request additional information.
- Process and Deadlines ** (Note that statute identifies certain factors that could impact the CEC’s ability to render a decision within 270 days, including the identification of new significant effects after publication of the Draft EIR, MND, or ND that requires recirculation of the Draft EIR, MND, or ND for public comment).
- Day 0: File the Determination of Complete Application.
- Day 3: If an EIR will be prepared, file and circulate the Notice of Preparation of an EIR.
- Day 5: Send invitation to request tribal consultations.
- Day 30: Hold public informational and scoping meeting as close as practicable to the project site.
- Day 150: File and circulate the Staff Assessment, which includes a draft EIR, MND, or ND and required notices, and public comment period begins.
- Day 180 – 210: Hold a public meeting on the Staff Assessment, which includes a draft EIR, MND, or ND, at a location as close as possible to the proposed project site.
- Day 210: Close the public comment period on Staff Assessment, which includes a draft EIR, MND, or ND (60 days from publication date).
- Day 240: File Updated Staff Assessment, which includes a final EIR, MND, or ND.
- Day 240: File the CEC’s executive director’s recommendation.
- Day 270: Present Updated Staff Assessment, which includes a final EIR, MND, or ND, and staff recommendation at a publicly noticed CEC Business Meeting. The CEC Commissioners can approve or disapprove project, or require additional information or analysis.
- Day 360: State agencies retaining permit authority make permit decisions on application approved by the CEC.
After the CEC approves the application, the project must comply with all provisions of their CEC license including the construction, operation, and the decommissioning and eventual closure. Also, per California Code of Regulations, title 20, §section 1882, if there are any proposed changes to the design, operation, or performance requirements of a CEC licensed project then the CEC must approve that project change.