Los Angeles
City Council
Agenda Item 13
(13) 25-1360
CONTINUED CONSIDERATION OF ENVIRONMENTAL IMPACT
REPORT (EIR) SCH NO. 2023050366. BOARD OF WATER AND
POWER COMMISSIONERS’ (BOARD) RESOLUTION NO. 026071,
STATEMENT OF OVERRIDING CONSIDERATIONS, MITIGATION
MONITORING REPORTING PROGRAM (MMRP), and RELATED
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS;
and ENERGY AND ENVIRONMENT COMMITTEE REPORT relative to
the CEQA Section 21151(c) Appeal filed by Sierra Club, Food and
Water Watch, Communities for a Better Environment, Los Angeles
Waterkeeper, Physicians for Social Responsibility Los Angeles, and
the Center for Biological Diversity of the action taken by the Board on
October 28, 2025 to adopt the Final EIR for the Scattergood
Generating Station Units 1 and 2 Green Hydrogen-Ready
Modernization Project (Project).
Recommendations for Council action:
1. DENY the appeal on the grounds set forth in the Department of
Water and Power (DWP) report dated February 25, 2026,
attached to the Council file.
2. CERTIFY that the EIR for the Project (a) has been completed in
compliance with the CEQA (Public Resources Code §21000 et
seq.), with the State CEQA Guidelines (Cal. Code Regs., tit. 14,
(b) was presented to the Council for review and the Council
considered the information contained in the EIR prior to
certifying the project; and (c) reflects the independent judgment
and analysis of the Council, and that all required procedures
have been completed.
3. FIND that, in accordance with the information contained in the
EIR, the Project will have significant environmental effects on air
quality and cumulative impacts as defined by Public Resources
Code Sections 21068 and 21082.2, and the State CEQA
Guidelines, Sections 15064, 15064.4, 15064.5, and 15382.
4. FIND that, in accordance with the provisions of State CEQA
Guidelines Section 15091(a)(3), specific economic, legal, social,
technological, or other considerations, make infeasible certain
mitigation measures such that some environmental impacts
remain significant and unavoidable.
5. FIND that all information added to the EIR after public notice of
the availability of the Draft EIR for public review but before
certification, merely clarifies, amplifies, or makes insignificant
modifications in an adequate EIR and recirculation is not
necessary.
6. FIND that, in accordance with Public Resources Code Section
21081(b) and State CEQA Guidelines Section 15093, the
benefits of the Project outweigh the significant and unavoidable
environmental impacts.
7. ADOPT the Findings of Fact and Statement of Overriding
Considerations.
8. ADOPT the MMRP as required by Public Resources Code,
Section 21081.6. The MMRP is designed to ensure compliance
with the mitigation measures adopted to avoid or lessen
significant effects on the environment, and identifies the
responsibilities of the DWP, as lead agency, to monitor and
verify project compliance with those mitigation measures.
9. ADOPT the recommendations of the Board from its regular
meeting held October 28, 2025, relating to the Project.
Fiscal Impact Statement: None submitted by the DWP. Neither the
City Administrative Officer nor the Chief Legislative Analyst has
completed a financial analysis of this report.