BILL ANALYSIS
AB 48 X2
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ASSEMBLY THIRD READING
AB 48 X2 (Wright)
As Introduced May 22, 2001
2/3 vote. Urgency
SUMMARY : Includes repowering projects within the process by
which the State Energy Resources Conservation and Development
Commission (Energy Commission) issues final certification for
any thermal powerplant. Alters the circumstances under which an
application for a repowering project is deemed complete, for
purposes of beginning the timeline toward issuance of final
certification. Specifically, this bill :
1)Includes repowering projects within the six-month
certification process for thermal powerplants.
2)Requires that an application for certification include
information indicating that emission offsets will be obtained
early enough in the Energy Commission's review process to
enable the Energy Commission to fully evaluate the
application.
3)Provides that, for purposes of the certification process, the
Energy Commission shall deem an application complete if it
substantially complies with applicable data requirements
regarding impacts to the environment or electrical system.
EXISTING LAW requires the Energy Commission to establish a
process to issue final certification for a thermal powerplant
within six months after the filing of the application for
certification, provided that there is substantial evidence based
upon initial review to show that no significant adverse impacts
to the environment or electrical system will occur and that the
powerplant will comply with all applicable standards,
ordinances, and laws.
FISCAL EFFECT : According to the Appropriations Committee,
minor, absorbable costs to the Energy Commission.
COMMENTS : According to the author's office, this bill is
designed to include repowering projects within the expedited
process established last session for certification of thermal
powerplants that have not demonstrated significant adverse
effects on the environment or the electrical system [AB 970
(Ducheny), Chapter 329, Statutes of 2000]. The expedited
AB 48 X2
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process was established in order to address the growing need for
in-state power supplies, particularly in light of the current
energy crisis. There are several older plants that can be
upgraded and repowered that could benefit from the expedited
process and contribute to the state's power supply.
As part of the permitting process for a new plant or a
repowering project, offsets for the increased pollution will
have to be obtained. There are a variety of creative methods
for doing this and both the Air Resources Board (ARB) and local
air districts have been able to develop offset packages for
every plant that will be coming on line in the near future.
Offsets are a necessary part of the program to ensure that there
will be no new emissions within a particular air basin, in order
to comply with state and federal air laws.
This bill contains language that reflects existing emergency
regulations that were developed by the Energy Commission upon
passage of AB 970 and that are currently in the process of
becoming adopted as permanent regulations. The language is also
consistent with the Governor's executive orders requiring ARB to
provide offsets as needed and for the Energy Commission to
expedite the siting process.
Analysis Prepared by : Scott H. Valor / NAT. RES. / (916)
319-2092
FN: 0001042