Permitting DWR Facilities [Regulations]


SCH Number
Public Agency
California Energy Commission
Document Title
Permitting DWR Facilities [Regulations]
Document Type
NOE - Notice of Exemption
Document Description
Adoption of emergency regulations to implement and administer the Strategic Reliability Reserve Department of Water Resources (SRR DWR) certification program to process DWR applications to certify sites and related facilities for use as back-up generation operations as on-call emergency supply and load reduction for the state’s electrical grid during extreme events.

Contact Information

Agency Name
Job Title
Contact Types
Lead/Public Agency


Northern California
Other Information
On June 30, 2022, Governor Newsom signed AB 205 (Stats. 2022, Ch.61) which requires the California Energy Commission to adopt an expedited process to review applications for back-up generation facilities developed by DWR. (Public Resources Code Section 25794 et seq.) The CEC has developed the procedural regulations to carry out this requirement, including minor modifications made by AB 209 (Stats. 2022, ch. 251) and approved adoption of the regulations in Article 4.2 of title 20, California Code of Regulations. AB 205 further states the process to approve DWR facilities is exempt from CEQA.

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
Class 6 Information Collection, Section 25306; CEQA Guidelines, 15061, subd. (b)(3)
Reasons for Exemption
The legislation (AB 205) establishes a program for DWR to develop temporary emergency power generation facilities for use in extreme events to ensure adequate energy is available during peak summer usage. The process of reviewing and approving licenses for these facilities is specifically exempt from CEQA in the statute. The adoption of the regulations establishing this exempt process does not result in any physical change to the environment. Accordingly, the adoption of procedural regulations are not subject to the California Environmental Quality Act because of the "common sense" exemption under section 15061(b)(3) of Title 14 of the California Code of Regulations. Additionally, the process establishing how information will be gathered to process permit requests is exempt pursuant to the Class 6 categorical exemption.


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