AEP Legislative Update May 2025

The 2025 legislative year began with deep uncertainty, as wildfires across Los Angeles devastated the region and the California legislature and Governor Newsom respond to volatility from the federal administration. These developments continue to shape the political atmosphere in Sacramento, the state’s budget, and the thousands of bills moving through the process.

Legislative Process

The Legislature is in full swing, as May 2 marked a major legislative deadline for fiscal bills to be heard and passed out of policy committees. Over 2,000 bills introduced this Legislative Session had to move through the policy process in just two months. Non-fiscal bills have until May 16 to pass out of their relevant policy committees and head to the Floor, though the vast majority of legislation is deemed “fiscal”.  Fiscal bills which passed through their policy committee face their next hurdle on May 23, when the Appropriations Committees will hold their Suspense File hearings. Bills will either proceed to the Floor, or be held on ‘suspense,’ effectively done for the year. The House of Origin deadline is on June 6, at which time bills that pass will go to the second House to go through the policy and fiscal committee process all over again.

State Budget

On January 10, the 2025-2026 budget was unveiled. This was the beginning of a multi-month process between the Governor and the Legislature to assess and craft the state’s annual budget. Higher than expected revenues initially meant that there was no projected deficit, and in fact, the Governor projected a modest surplus. However, since January, volatility at the federal level impacting the stock market has led to concern about the impact to the overall state budget, which is expected to have a deficit for 2025 and 2026. Additionally, federal proposals to cut healthcare funding, cancel clean energy incentives, and end numerous grants across the scientific and academic communities could erase many billions of dollars of investments in California, posing further budget problems. Additionally, the federal government has still not responded to California’s request of $40 billion in disaster aid for the LA fires, which provides additional uncertainty.

On May 15, the Governor will unveil an updated proposal for the state budget, known as the May Revise. We will continue to monitor the budget to see how any changes impact Proposition 4, or Climate Bond funding, and other expenditures important to AEP. In January, the Governor outlined how he would begin to spend the $10 billion from the Bond towards water, climate, and wildfire resilience. He is also expected to propose an extension to the state’s Cap & Trade program beyond 2030 and a restructuring of how the revenues of those auctions, the Greenhouse Gas Reduction Fund, are to be spent. 

Following the May Revise, the Legislature is constitutionally required to pass a budget by June 15. Additional details will come in the form of Budget trailer bills, which can pass until the end of Session on September 12. 

Legislature

Below are some of the priority bills AEP is tracking, including where each bill is in the process. 

  • AB 52 (Aguiar-Curry) Native American resources: Alters the Tribal Consultation process that was created by the original AB 52 in 2014. The bill would prioritize federally recognized tribes over non-federally recognized tribes, as well as require consultation to continue through all required mitigation. 
    • This bill was made a two-year bill and will not continue this year. 
  • SB 607 (Wiener) CEQA: Categorical exemptions: infill projects: This bill makes numerous changes to CEQA, including: (1) removing the “fair argument” standard for review of NDs and MNDs; (2) limiting environmental impact reports for projects that fail to meet the criteria for a CEQA exemption by one condition to just an analysis of that condition; (3) limiting the information that can be included in the administrative record; (4) exempting rezoning from CEQA if the rezone is consistent with a housing element; (5) tasking the Office of Land Use and Climate Innovation with developing thresholds of significance for some environmental impacts; and (6) making significant changes to the requirements and application of the Class 32 “infill” categorical exemption.
    • This bill was contentious, but passed out of Local Government and is in Appropriations Committee. 
  • AB 306 (Schultz) Imposes a moratorium on the adoption or modification of new state and local building standards affecting residential units from June 1, 2025 until June 1, 2031, with limited exceptions.
    • This bill is supported by the Speaker, and is already in the Senate.
  • AB 609 (Wicks) CEQA: exemption: housing development: Establishes a CEQA exemption for housing projects on sites up to 20 acres, which are on or adjoining current or former urban uses, and within an incorporated city or town of any population, or an unincorporated community with at least 5,000 residents or 2,000 housing units.
    • This bill passed from both the Asm. Natural Resources and Housing Committees, and is now in Appropriations Committee. 
  • SB 79 (Wiener) Local government: transit oriented development: Makes transit-oriented development an allowable use on specified sites, gives transit agencies more flexibility under the Surplus Land Act, and exempts specified projects from CEQA.
    • After rolling the Chairs in Senate Housing and Local Government Committees (passing a bill despite the objections of the committee Chair), the bill is now in Appropriations Committee. 
  • SB 283 (Laird) Battery energy storage facilities: emergency response plans and emergency action plans: This bill will require certain actions related to emergencies and safety for battery energy storage facilities and is the Senate response to the Moss Landing facility fire. 
    • This bill is in Appropriations. 
  • AB 303 (Addis) Battery storage energy facilities: Would exclude energy storage systems of  200 MW or more from using the AB 205 process at the CEC. It would also prevent the construction of battery storage energy facilities near sensitive receptors, as defined. 
    • This bill did not receive a policy hearing and is dead for the year.