BILL NUMBER: ABX2 48 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2001
AMENDED IN SENATE JUNE 25, 2001
INTRODUCED BY Assembly Member Wright
MAY 22, 2001
An act to amend Sections 25402.1 and 25550 of, and to add
Sections 25137 and 25551 to, the Public Resources Code, relating to
energy, and declaring the urgency thereof, to take effect
immediately. An act to amend Section 25402.1 of the
Public Resources Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 48, as amended, Wright. Powerplant siting: energy
Energy conservation.
(1) Existing
Existing law requires the State Energy Resources
Conservation and Development Commission to prescribe, by regulation,
lighting, insulation climate control system, and other building
design and construction standards that increase the efficiency in the
use of energy for new residential and new nonresidential buildings
and to provide an energy conservation manual that includes a
prescriptive method of complying with the standards. Existing law
prohibits a city, county, city and county, or state agency from
issuing a permit for any building unless the building satisfies the
standards prescribed by the commission that are in effect on the date
an application for a building permit is filed, unless the city,
county, or city and county files a determination with the commission
that its own standards are cost effective, and the commission makes a
particular finding.
This bill would permit cities, counties, and cities and counties
to implement building standards requiring the use of solar water
heating or photovoltaic systems without demonstrating cost
effectiveness to the commission.
The bill would also make technical, nonsubstantive changes.
(2) Existing law requires the 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 would be required to 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.
(3) The bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority .
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
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 1. Section 25402.1 of the Public Resources Code is
amended to read:
25402.1. In order to implement the requirements of subdivisions
(a) and (b) of Section 25402, the commission shall do all of the
following:
(a) Develop a public domain computer program that will enable
contractors, builders, architects, engineers, and government
officials to estimate the energy consumed by residential and
nonresidential buildings. The commission may charge a fee for the
use of the program, which shall be based upon the actual cost of the
program, including any computer costs.
(b) Establish a formal process for certification of compliance
options for new products, materials, and calculation methods that
provides for adequate technical and public review to ensure accurate,
equitable, and timely evaluation of certification applications.
Proponents filing applications for new products, materials, and
calculation methods shall provide all information needed to evaluate
the application that is required by the commission. The commission
shall publish annually the results of its certification decisions and
instructions to users and local building officials concerning
requirements for showing compliance with the building standards for
new products, materials, or calculation methods. The commission may
charge and collect a reasonable fee from applicants to cover the
costs under this subdivision. Any funds received by the commission
for purposes of this subdivision shall be deposited in the Energy
Resources Programs Account and, notwithstanding Section 13340 of the
Government Code, are continuously appropriated to the commission for
the purposes of this subdivision. Any unencumbered portion of funds
collected as a fee for an application remaining in the Energy
Resources Programs Account after completion of the certification
process for that application shall be returned to the applicant
within a reasonable period of time.
(c) Include a prescriptive method of complying with the standards,
including design aids such as a manual, sample calculations, and
model structural designs.
(d) Certify, not later than 180 days after approval of the
standards by the State Building Standards Commission, an energy
conservation manual for use by designers, builders, and contractors
of residential and nonresidential buildings. The manual shall be
furnished upon request at a price sufficient to cover the costs of
production and shall be distributed at no cost to all affected local
agencies. The manual shall contain, but not be limited to, the
following:
(1) The standards for energy conservation established by the
commission.
(2) Forms, charts, tables, and other data to assist designers and
builders in meeting the standards.
(3) Design suggestions for meeting or exceeding the standards.
(4) Any other information that the commission finds will assist
persons in conforming to the standards.
(5) Instructions for use of the computer program for calculating
energy consumption in residential and nonresidential buildings.
(6) The prescriptive method for use as an alternative to the
computer program.
(e) The commission shall establish a continuing program of
technical assistance to local building departments in the enforcement
of subdivisions (a) and (b) of Section 25402 and this section. The
program shall include the training of local officials in building
technology and enforcement procedures related to energy conservation,
and the development of complementary training programs conducted by
local governments, educational institutions, and other public or
private entities. The technical assistance program shall include the
preparation and publication of forms and procedures for local
building departments in performing the review of building plans and
specifications. The commission shall provide, on a contract basis, a
review of building plans and specifications submitted by a local
building department, and shall adopt a schedule of fees sufficient to
repay the cost of those services.
(f) Subdivisions (a) and (b) of Section 25402 and this section,
and the rules and regulations of the commission adopted pursuant
thereto, shall be enforced by the building department of every city,
county, or city and county.
(1) No building permit for any residential or nonresidential
building may be issued by a local building department, unless a
review by the building department of the plans for the proposed
residential or nonresidential building contains detailed energy
system specifications and confirms that the building satisfies the
minimum standards established pursuant to subdivision (a) or (b) of
Section 25402 and this section applicable to the building.
(2) Where there is no local building department, the commission
shall enforce subdivisions (a) and (b) of Section 25402 and this
section.
(3) If a local building department fails to enforce subdivisions
(a) and (b) of Section 25402 and this section or any other provision
of this chapter or standard adopted pursuant thereto, the commission
may provide enforcement after furnishing 10 days' written notice to
the local building department.
(4) A city, county, or city and county may, by ordinance or
resolution, prescribe a schedule of fees sufficient to pay the costs
incurred in the enforcement of subdivisions (a) and (b) of Section
25402 and this section. The commission may establish a schedule of
fees sufficient to pay the costs incurred by that enforcement.
(5) No construction of any state building shall commence until the
Department of General Services or the state agency that otherwise
has jurisdiction over the property reviews the plans for the proposed
building and certifies that the plans satisfy the minimum standards
established pursuant to Chapter 2.8 (commencing with Section
15814.30) of Part 10b of Division 3 of Title 2 of the Government
Code, subdivision (a) or (b) of Section 25402, and this section that
are applicable to the building.
(g) Subdivisions (a) and (b) of Section 25402 and this section
apply only to new residential and nonresidential buildings on which
actual site preparation and construction have not commenced prior to
the effective date of rules and regulations adopted pursuant to those
sections that are applicable to those buildings. Nothing in those
sections prohibits either of the following:
(1) The enforcement of state or local energy conservation or
energy insulation standards, adopted prior to the effective date of
rules and regulations adopted pursuant to subdivisions (a) and (b) of
Section 25402 and this section with regard to residential and
nonresidential buildings on which actual site preparation and
construction have commenced prior to that date.
(2) The enforcement of city , county, or city and county energy
conservation or energy insulation standards, whenever adopted, with
regard to residential and nonresidential buildings on which actual
site preparation and construction have not commenced prior to the
effective date of rules and regulations adopted pursuant to
subdivisions (a) and (b) of Section 25402 and this section, if the
city , county, or city and county files the basis of its
determination that the standards are cost effective with the
commission and the commission finds that the standards will require
the diminution of energy consumption levels permitted by the rules
and regulations adopted pursuant to those sections, except that
cities, counties, or cities and counties may implement building
standards requiring the use of solar water heating or photovoltaic
systems without demonstrating cost effectiveness to the commission.
If, after two or more years after the filing with the commission of
the determination that any nonsolar standards are cost effective,
there has been a substantial change in the factual circumstances
affecting the determination, upon application by any interested
party, the city , county, or city and county shall update and file a
new basis of its determination that the standards are cost effective.
The determination that the standards are cost effective shall be
adopted by the governing body of the city , county, or city and
county at a public meeting. If, at the meeting on the matter, the
governing body determines that the standards are no longer cost
effective, the standards shall, as of that date, be unenforceable and
no building permit or other entitlement shall be denied based on the
noncompliance with the standards.
(h) The commission may exempt from the requirements of this
section and of any regulations adopted pursuant thereto any proposed
building for which compliance would be impossible without substantial
delays and increases in cost of construction, if the commission
finds that substantial funds have been expended in good faith on
planning, designing, architecture or engineering prior to the date of
adoption of the regulations.
(i) If a dispute arises between an applicant for a building
permit, or the state pursuant to paragraph (5) of subdivision (f),
and the building department regarding interpretation of Section 25402
or the regulations adopted pursuant thereto, either party may submit
the dispute to the commission for resolution. The commission's
determination of the matter shall be binding on the parties.
(j) Nothing in Section 25130, 25131, or 25402, or in this section
prevents enforcement of any regulation adopted pursuant to this
chapter, or Chapter 11.5 (commencing with Section 19878) of Part 3 of
Division 13 of the Health and Safety Code, as they existed prior to
September 16, 1977.
SEC. 4. 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 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) 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. 5. 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. 6. 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 public peace, health, safety, and general
welfare of the people of this state, it is necessary for this act to
take effect immediately.