BILL NUMBER: ABX2 48 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Wright
MAY 22, 2001
An act to amend Section 25550 of, and to add Sections 25137 and
25551 to, the Public Resources Code, relating to electrical energy,
and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 48, as introduced, Wright. Powerplant siting.
Existing law requires the State Energy Resources Conservation and
Development Commission to establish a process to issue its final
certification for any thermal powerplant and related facilities
within 6 months after the filing of the application for certification
that, on the basis of an initial review, shows that there is
substantial evidence that the project will not cause a significant
adverse impact on the environment or electrical system and will
comply with all applicable standards, ordinances, or laws.
This bill would include a repowering project, as defined, within
this process. The bill would also provide that for purposes of this
process, the commission shall deem an application complete if it
substantially complies with applicable data requirements, which would
be required to be met in sufficient time to enable the commission to
fully evaluate the application.
The bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) In recent years there has been significant growth in the
demand for electricity.
(b) In the past decade, efforts to construct and operate new,
environmentally superior and efficient generation facilities have
seriously lagged.
(c) California faces potentially serious electricity shortages
over the next two years, which necessitates immediate action by the
state.
(d) It is further the intent of this act to streamline the
permitting process for new and repowered powerplants without in any
manner compromising environmental protection.
SEC. 2. Section 25137 is added to the Public Resources Code, to
read:
25137. "Repowering project," as used in this division, means an
application for certification filed after the effective date of the
act adding this section for a thermal powerplant that complies with
all of the following:
(a) It is located at the site of an existing thermal powerplant.
(b) It would comply with all requirements of applicable law.
(c) It would not require new rights of way for electric or natural
gas transmission facilities.
(d) It would not expand the powerplant beyond the boundaries of
the property currently containing the existing powerplant and related
facilities.
(e) It would reduce emissions of criteria and toxic air
pollutants at the site compared to the emissions from the
existing powerplant. compared to averages for the
plant compiled over the immediately preceding five years.
(f) It would reduce thermal or other discharges into water
resources compared to averages for the plant compiled over the five
most recent calendar years.
(g) It would replace existing generating capacity with generating
capacity that has a lower heat rate.
(h) There is no substantial evidence of any new or increased
significant environmental impacts that are not already
associated with the operation of the current facility .
SEC. 3. Section 25550 of the Public Resources Code is amended to
read:
25550. (a) (1) Notwithstanding subdivision (a) of Section 25522,
and Section 25540.6, the commission shall establish a process to
issue its final certification for any thermal powerplant and related
facilities or repowering project within six months after
the filing of the application for certification that, on the basis of
an initial review, shows both of the following:
(A) That there is substantial evidence that the project ,
other than the repowering project described in paragraph (2),
will not cause a significant adverse impact on the
environment or electrical system.
(B) That the powerplant will comply with all applicable standards,
ordinances, regulations, or statutes.
(2) Any repowering project for which an application is filed prior
to January 1, 2004, is eligible for expedited licensing under this
section.
(3)
(2) For purposes of this section, "filing" has the same
meaning as in Section 25522.
(b) Thermal powerplants and related facilities reviewed under this
process shall satisfy the requirements of Section 25520 and other
necessary information required by the commission, by regulation,
including the information required for permitting by each local,
state, and regional agency that would have jurisdiction over the
proposed thermal powerplant and related facilities but for the
exclusive jurisdiction of the commission and the information required
for permitting by each federal agency that has jurisdiction over the
proposed thermal powerplant and related facilities.
(c) After acceptance of an application under this section, the
commission shall not be required to issue a six-month final decision
on the application if it determines there is substantial evidence in
the record that the thermal powerplant and related facilities may
result in a significant adverse impact on the environment or
electrical system or does not comply with an applicable standard,
ordinance, regulation, or statute. Under this circumstance, the
commission shall make its decision in accordance with subdivision (a)
of Section 25522 and Section 25540.6, and a new application shall
not be required.
(d) For an application that the commission accepts under this
section, all local, regional, and state agencies that would have had
jurisdiction over the proposed thermal powerplant and related
facilities, but for the exclusive jurisdiction of the commission,
shall provide their final comments, determinations, or opinions
within 100 days after the filing of the application. The regional
water quality control boards, as established pursuant to Chapter 4
(commencing with Section 13200) of Division 7 of the Water Code,
shall retain jurisdiction over any applicable water quality standard
that is incorporated into any final certification issued pursuant to
this chapter.
(e) Thermal powerplants and related facilities that demonstrate
superior environmental or efficiency performance shall receive
priority in review.
(f) With respect to a thermal powerplant and related facilities
reviewed under the process established by this chapter, it shall be
shown that the applicant has a contract with a general contractor and
has contracted for an adequate supply of skilled labor to construct,
operate, and maintain the plant.
(g) With respect to a thermal powerplant and related facilities
reviewed under the process established by this chapter, it shall be
shown in the application that emission offsets will be obtained early
enough in the commission's review process to enable the commission
to fully evaluate the application and comply with paragraph (2) of
subdivision (d) of Section 25523.
(h) With respect to a thermal powerplant and related facilities
reviewed under the process established by this chapter, it shall be
shown that the thermal powerplant and related facilities complies
with all regulations adopted by the commission that ensure that an
application addresses disproportionate impacts in a manner consistent
with Section 65040.12 of the Government Code.
(i) This section shall not apply to an application filed with the
commission on or before August 1, 1999.
(j) To implement this section, the commission may adopt emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
For purposes of that chapter, including without limitation, Section
11349.6 of the Government Code, the adoption of the regulations shall
be considered by the Office of Administrative Law to be necessary
for the immediate preservation of the public peace, health, safety,
and general welfare.
(k) This section shall remain in effect until January 1, 2004, and
as of that date is repealed unless a later enacted statute, that is
enacted before January 1, 2004, deletes or extends that date.
SEC. 4. Section 25551 is added to the Public Resources Code, to
read:
25551. For purposes of this chapter, the commission shall deem an
application complete if it substantially complies with the data
requirements of Section 25550. The applicant shall correct any
deficiencies in the application in sufficient time to enable the
commission to fully evaluate the application.
SEC. 5. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to expeditiously address the rapid, unforeseen shortage
of electric power and energy available in the state and rapid and
substantial increases in wholesale energy costs and retail energy
rates that endanger the health, welfare, and safety of the people of
this state, it is necessary for this act to take effect immediately.