Subnational jurisdiction · as of 2026-07-24
California runs environmental review together with the land-use entitlement: the city or county acting on the conditional use permit or site plan is usually the CEQA lead agency, so the two decisions move as one record. Large onsite generation adds a California Energy Commission authorization under the Warren-Alquist Act. Water service commitments for large projects carry statutory assessments under SB 610 and SB 221, air districts permit the generator fleets, and the State Water Board's construction general permit covers site disturbance of an acre or more. Fiscal terms, where they exist, are development agreements under the Government Code. California has no data-center-specific permitting statute as of this review; bills touching data-center energy and water reporting have been introduced in recent sessions.
9 instruments on record, grouped by the family of approval each one governs.
Who decides whether a data center may occupy a site, and through what approval?
Cal. Gov. Code 65000 et seq.
Applies to both
The enabling framework for local general plans, zoning, and discretionary entitlements. A data center's conditional use permit, site plan, or rezoning is issued by the city or county under its zoning code adopted under this law.
Source: Cal. Gov. Code 65000 et seq.
What impact review must precede approval, and who leads it?
Cal. Pub. Res. Code 21000 et seq.
Applies to both
Requires environmental review of discretionary approvals. The land-use authority is usually the lead agency for a data-center entitlement; the record produced (exemption, negative declaration, or EIR) is the project's central public document set.
What authorizations govern grid connection and onsite generation?
Cal. Pub. Res. Code 25500 et seq.
Applies to both
Thermal power plants of 50 MW or more require California Energy Commission certification; backup generation fleets at that scale proceed through the small power plant exemption (SPPE) docket, which produces a CEQA-equivalent record at the Commission.
Who commits water and sewer service, and under what assessment?
Cal. Gov. Code 66473.7
Effective 2002-01-01 · Applies to both
Requires written verification of sufficient water supply as a condition of approving certain large subdivisions; the companion statute to SB 610 in linking land-use approval to demonstrated supply.
Source: Cal. Gov. Code 66473.7
Cal. Water Code 10910 et seq.
Effective 2002-01-01 · Applies to both
Large projects subject to CEQA require a water supply assessment from the public water system that would serve them, documenting whether projected supplies cover the project over 20 years.
Source: Cal. Water Code 10910 et seq.
What codes and permits govern the build itself?
Cal. Health & Safety Code 18901 et seq.; 24 Cal. Code Regs.
Applies to both
The statewide building code local building departments enforce; the building permit for the structure itself issues under the local adoption of Title 24.
Source: Cal. Health & Safety Code 18901 et seq.; 24 Cal. Code Regs.
State Water Board Order WQ 2022-0057-DWQ (NPDES No. CAS000002), under Cal. Water Code 13260 et seq.
Applies to both
Construction disturbing one acre or more requires coverage under the statewide construction general permit administered by the State Water Resources Control Board.
Source: State Water Board Order WQ 2022-0057-DWQ (NPDES No. CAS000002), under Cal. Water Code 13260 et seq.
What permits govern backup generators and ongoing emissions?
Cal. Health & Safety Code 42300 et seq.
Applies to both
Local air districts permit stationary sources. A data center's diesel or gas generator fleet requires a district authority to construct and permit to operate; district registers are a primary public record of fleet size and fuel.
What fiscal agreements attach a data center to its host jurisdiction?
Cal. Gov. Code 65864 et seq.
Applies to both
Authorizes negotiated agreements between a developer and the host jurisdiction fixing rules and exactions for a project. Where a data center has negotiated fiscal or infrastructure terms, this is the usual vehicle and the agreement is a public record.
Source: Cal. Gov. Code 65864 et seq.
California runs environmental review with the land-use entitlement: the lead agency for CEQA is usually the land-use authority, so the two milestones move together. Large onsite generation adds a California Energy Commission authorization.
| # | Step | Authority level | Legal basis |
|---|---|---|---|
| 1 | Site control (deed or lease) | local | Gov. Code 27280 (instruments affecting title recorded with the county recorder); local applications require owner authorization |
| 2 | CEQA review | local | Pub. Res. Code 21000 et seq.; the land-use authority is usually the lead agency |
| 3 | Entitlement (CUP / site plan) | local | Local zoning code; Gov. Code 65000 et seq. |
| 4 | CEC authorization (SPPE / AFC) applies onsite generation of 50 MW or more |
regulator | Pub. Res. Code 25500 et seq. |
| 5 | Natural gas service applies where the facility uses natural gas |
utility | Serving gas utility tariff |
| 6 | Grid interconnection | utility | Serving utility Rule 21 or CAISO wholesale interconnection |
| 7 | Sewer will-serve | utility | Serving sanitation district or city sewer authority |
| 8 | Will-serve letter / water supply assessment | utility | Water Code 10910 (SB 610); Gov. Code 66473.7 (SB 221) for large projects |
| 9 | Building permit | local | California Building Standards Code (Title 24) |
| 10 | Stormwater (construction general permit) applies where land disturbance is one acre or more |
regulator | State Water Board Construction General Permit |
| 11 | Air district permit (generators) | regulator | District Authority to Construct and Permit to Operate under Health & Safety Code 42300 |
| 12 | Public agreements and incentives applies where negotiated with the host jurisdiction |
local | Development agreements, Gov. Code 65864 et seq. |
Steps are shown in their typical order; steps at the same stage usually run concurrently, and conditional steps apply only where noted. Per-facility status against this path is tracked on the California record.
Every entry cites the instrument it describes. None of it is legal advice: verify a citation before relying on it. Full sourcing: read the methodology. The rest of the record: all jurisdictions.