I concur in the judgment and in most of the majority opinion’s reasoning. I write separately to explain my reasons for agreeing that the Board of Trustees of the California State University (Trustees) may not rely on Public Resources Code section 21081, subdivision (a)(2),1 and to express concern about the majority’s discussion of this issue.
Under the California Environmental Quality Act (CEQA) (§ 21000 et seq.), when a certified environmental impact report identifies significant environmental effects of a proposed project, section 21081, subdivision (a)(2), permits a public agency to approve or carry out the project if it finds that “changes or alterations” in the project that would mitigate or avoid the identified environmental effects “are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency.” The Trustees, who made such a finding here, argue that this provision applies because, under the Fort Ord Reuse Authority Act (Gov. Code, § 67650 et seq.) (FORA Act), the Fort Ord Reuse Authority (FORA) has “exclusive authority to plan and construct off-campus local infrastructure improvements” and “the University lacks jurisdiction ... to build off-site improvements.”
In my view, the Trustees err by focusing on the wrong question: Whether the Trustees, acting for the California State University (CSU), have any responsibility and jurisdiction regarding actual construction of the necessary off-campus infrastructure improvements. The particular mitigation measure at issue here—i.e., the proposed “change[] or alteration[]” in the project to mitigate or avoid the identified environmental effects (§ 21081, subd. (a)(2))—is not actual construction of the improvements, but is payment to FORA to help fund the improvements FORA intends to construct. Thus, the relevant question here in applying section 21081, subdivision (a)(2), is not, as the Trustees argue, whether they have jurisdiction actually “to build off-site improvements,” but is whether they have any responsibility and jurisdiction to help fund FORA’s construction of those improvements.
Based on provisions of the FORA Act and the Education Code, I conclude that the Trustees have such responsibility and jurisdiction. Regarding the former, the FORA Act declares the “financing ... of the reuse of Fort Ord” to be “a matter of statewide importance.” (Gov. Code, § 67657, subd. (c).) It provides that FORA’s Fort Ord reuse plan “shall be the official local plan for the reuse of the base for all public purposes, including . . . funding by all state agencies.” (Gov. Code, § 67675, subd. (a), italics added.) It directs FORA to “arrang[e] for the[] financing” of—not to finance itself—“basewide public capital facilities” such as “roads.” (Id., § 67679, subd. (a)(1).) It also *371authorizes FORA to “seek state and federal grants and loans or other assistance to help fund public facilities” (id., § 67679, subd. (c)), and to “enter into contracts and agreements as necessary to mitigate impacts of the reuse of Fort Ord.” (Id., § 67680.5.) These provisions demonstrate the Legislature’s intent that funding of the necessary infrastructure improvements not be solely FORA’s responsibility, and that funding be provided, at least in part, by other public agencies.
Several provisions of the Education Code also are relevant to the Trustees’ responsibility and jurisdiction. The Education Code declares generally that “[t]he mission of the public segments of higher education . . . include[s] a broad responsibility to the public interest.” (Ed. Code, § 66010.5.) Of course, payments to FORA to help mitigate significant environmental impacts of the expansion project here at issue would serve the public interest. The Education Code also declares “the intent of the Governor and the Legislature, in cooperation with the Trustees,” to “[pjlace a major priority on resolving the serious problem of impacted and overcrowded classes, not only with respect to the [CSU], but throughout public postsecondary education.” (Id., § 66015, subd. (a).) Consistent with this declared priority, the Education Code imposes on the CSU a duty “to plan that adequate spaces are available to accommodate all California resident students who are eligible and likely to apply to attend an appropriate place within the system.” (Id., § 66202.5.) It also grants the Trustees “full power and responsibility in the construction and development of any state university campus, and any buildings or other facilities or improvements connected with the [CSU].” (Id., § 66606.) Finally, it directs the Trustees to “expend all money appropriated for the support and maintenance of the [CSU]” (id., § 89750), and authorizes them to “enter into agreements with any public or private agency, officer, person, or institution, corporation, association, or foundation for the performance of acts or for the furnishing of services, facilities, materials, goods, supplies, or equipment by or for the trustees or for the joint performance of an act or function or the joint furnishing of services and facilities by the trustees and the other party to the agreement.” (Id., § 89036, subd. (a).) Based on these provisions, I have no trouble concluding that the Trustees have both responsibility and jurisdiction within the meaning of Public Resources Code section 21081, subdivision (a)(2), to contribute to the cost of off-site infrastructure improvements needed to mitigate significant environmental impacts of an expansion project designed, in part, to address the statutorily declared “priority on resolving the serious problem of impacted and overcrowded classes, not only with respect to the [CSU], but throughout public postsecondary education.”2 (Ed. Code, § 66015, subd. (a).)
*372I do not join the majority’s analysis of this issue insofar as it relies on several CEQA provisions to find that the Trustees have jurisdiction and responsibility within the meaning of section 21081, subdivision (a)(2). (Maj. opn., ante, at pp. 366-367.) The majority cites section 21002.1, subdivision (b), which requires “[e]ach public agency [to] mitigate or avoid the significant effects on the environment of projects that it carries out or approves whenever it is feasible to do so,” and section 21106, which requires “ ‘[a]ll state agencies . . . [to] request in their budgets the funds necessary to protect the environment in relation to problems caused by their activities.’ ” (Maj. opn., ante, at p 367.) Because these two CEQA statutes apply to every state agency, the majority’s analysis substantially limits the circumstances under which a state agency may invoke section 21081, subdivision (a)(2). It is unclear to me the Legislature intended section 21081, subdivision (a)(2), to be read so narrowly. Because my analysis depends on non-CEQA provisions, I need not, and do not, address that question.
I also do not join the majority’s analysis insofar as it appears to suggest that a public agency lacks jurisdiction and responsibility within the meaning of section 21081, subdivision (a)(2), when “the Legislature does not appropriate” money requested to pay for mitigation measures. (Maj. opn., ante, at p. 367.) To begin with, the discussion is dictum. As the majority notes, there is no evidence here the Trustees have even asked the Legislature for the necessary funds. (Maj. opn., ante, at p. 367.) Thus, it is both unnecessary and premature to express an opinion about whether the Legislature’s denial of a funding request would affect the Trustees’ jurisdiction and responsibility for purposes of applying section 21081, subdivision (a)(2).
The other reason I do not join the majority’s dictum is that I question its soundness. It is not clear to me that, for purposes of applying section 21081, subdivision (a)(2), a public agency has no responsibility or jurisdiction for a mitigation measure simply because the Legislature denies a specific request for money to pay for that mitigation measure. Here, for example, even were the Legislature to reject such a request, arguably, the Trustees would still have responsibility and jurisdiction to contribute to FORA with money from the CSU’s general operating fund. Moreover, the Legislature has expressly authorized the Trustees, at their discretion and “without the prior approval of any other state department or agency,” to “sell improvements located on the land at the . . . Monterey Bay campus that was transferred” from the federal government (Ed. Code, § 89010, subd. (a)) and to use proceeds from those sales “for the purposes of building, maintaining, and funding a campus ... at Monterey Bay through expenditures for improvements to the campus . . . .” (Id., § 89010, subd. (b).) Arguably, by virtue of these provisions, even were the Trustees to make, and the Legislature to reject, a specific appropriation request regarding the off-campus improvements here at issue, the Trustees *373would have “the power” to make contributions to FORA for those improvements (maj. opn., ante, at p. 367) and would have jurisdiction and responsibility within the meaning of section 21081, subdivision (a)(2), to make such contributions. Because of these substantive doubts, because we need not decide the question here, and because we have no briefing on the question, I decline to join the majority’s dictum.
All further unlabeled statutory references are to the Public Resources Code.
As the majority notes, the Trustees cited this problem in a statement of overriding considerations to justify their approval of the project despite unmitigated environmental effects. (Maj. opn., ante, at p. 354.)