BILL NUMBER: SBX1 28 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 5, 2001
INTRODUCED BY Senator Sher
(Principal coauthors: Senators Battin and Brulte)
(Principal coauthor: Assembly Member Calderon)
FEBRUARY 5, 2001
An act to add Section 42301.15 to, and
amend and repeal Section 41204.1 of the Education Code, to add
Section 42301.15 to, to add Chapter 7 (commencing with Section
39910) to Part 2 of Division 26 of, and to add and repeal
Section 42314.3 of, the Health and Safety Code, and to amend
Sections 25506, 25514, 25523, 25531, and 25552 of, to add
Sections 25526.1 and 25544 to, and Section 25526.1 to,
to add and repeal Section 25550.5 of, the Public Resources
Code, and to add Section 100.8 to the Revenue and Taxation Code,
relating to energy resources, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 28, as amended, Sher. Powerplant siting.
(1) Existing law requires the Director of Finance to make
certain adjustments, with respect to ensuring that the modifications
required by specified statutes to property tax revenue allocations do
not have a net fiscal impact on school districts or community
college districts, or upon the state's obligation under the
California Constitution to provide funding to those districts.
This bill would require the property tax assessed value of new
electrical generation property, as defined, assessed by county tax
assessors to be allocated entirely to the county or city in which the
property is located, as defined. The bill would require the
Director of Finance to include this provision in its required
modifications. The bill would also make related technical changes.
(2) Existing law contains various provisions relative to air
pollution control.
This bill would require the State Air Resources Board, in
consultation with air districts and the State Energy Resources
Conservation and Development Commission, to implement a program for
the expedited retrofit of electrical generating facilities to ensure
that the facilities are permitted to operate in a manner that
complies with law protects and improves air
quality . The bill also would require the state board to
implement a an expedited statewide
program for the identification and banking of emission
reduction credits for electrical generating facilities and
, make that information available to the public
and interested parties , and consult with the owners of
facilities being retrofitted and other specified entities to ensure
that the program is coordinated with efforts to ensure electrical
grid reliability .
The bill would require each air pollution control district or air
quality management district to adopt an expedited program for the
permitting of standby electrical generation facilities and
, distributed generation facilities ,
and an expedited program for the air pollution retrofit of
existing electrical generation , where applicable,
natural gas transmission facilities, thereby imposing a
state-mandated local program.
(2)
The bill would, until January 1, 2004, authorize an applicant for
a thermal powerplant to pay an air emissions mitigation fee to the
appropriate air pollution control district or air quality management
district for expenditure by the district pursuant to the Carl Moyer
Memorial Air Quality Standards Attainment Program or a similar
program established by the district. The bill would also authorize
an applicant for a thermal powerplant to post a bond or a letter of
credit in an amount sufficient to adequately cover the cost of
required emissions offsets.
(3) Existing law provides for the restructuring of
California's electric power industry so that the price for the
generation of electricity is determined by a competitive market.
Existing law requires the State Energy Resources Conservation and
Development Commission to certify all sites and related facilities
for thermal powerplants in the state, including a new site and
related facility or a change or addition to an existing facility.
The commission is required to prepare a final report and written
decision after a public hearing on the application for the
powerplant.
Existing law requires the commission to request the appropriate
local, regional, state, and federal agencies to make comments and
recommendations about the design, operation, and location of
facilities.
This bill would require a local jurisdiction, as defined, to file
a preliminary list of issues regarding the design, operation,
location, and financial impact of the facility with the commission
within 45 days of the filing of the application for certification.
The bill would require the local jurisdiction to provide a final list
of those issues within 90 days. To the extent that the bill would
require the local jurisdiction to provide a new program or higher
level of service, it would impose a state-mandated local program.
This bill would require the final report prepared by the
commission to additionally include findings and conclusions as to
whether increased property taxes due to the construction of the
project are sufficient to support needed local improvements and
public services required to serve the project.
This bill would require the written decision prepared by the
commission after the public hearing to include a discussion of any
public benefits from the project including, but not limited to,
economic benefits, environmental benefits, and electricity
reliability benefits, resulting from modernization of the state's
electric generation infrastructure.
This bill would require the commission to adopt a regulation
governing ex parte contacts applicable to an adjudicatory proceeding,
as specified.
This bill would clarify that decisions of the commission are
subject to judicial review by the Supreme Court of California.
The bill would specify that no owner of a facility has standing to
challenge a decision made by the commission unless the owner also
owns transmission or fueling facilities adjacent to the facility.
(3)
(4) Existing law authorizes the commission to establish a
process for the expedited review of applications to construct and
operate powerplants and thermal powerplants and related facilities.
This bill would require the commission, until January 1, 2004,
also to establish a process for the expedited review of a repowering
project.
This bill would additionally delete the deadline for completed
applications for an expedited decision on simple cycle thermal
powerplants.
(4)
(5) The bill would appropriate $54,000,000 from the General Fund
to the commission for expenditure, without regard to fiscal years, in
accordance with a prescribed schedule.
(6) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement, including the creation of a State
Mandates Claims Fund to pay the costs of mandates that do not exceed
$1,000,000 statewide and other procedures for claims whose statewide
costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(4)
(7) The bill would declare that it is to take effect
immediately as an urgency statute.
Vote: 2/3. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 41204.1 of the Education Code, as added by
Chapter 1111 of the Statutes of 1996, is amended to read:
41204.1. (a) (1) Pursuant to paragraph (2) of
subdivision (b) of Section 41204, the Director of Finance shall
annually adjust "the percentage of General Fund revenues appropriated
for school districts and community college districts, respectively,
in the 1986-87 fiscal year" for purposes of applying paragraph (1) of
subdivision (b) of Section 8 of Article XVI of the California
Constitution, to reflect those property tax revenue allocation
modifications , required by the amendments made to
Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of
the Revenue and Taxation Code by the act adding this
section, qualifying provisions in a manner that
ensures that those modifications will have no net fiscal impact upon
the amounts that are otherwise required to be applied by the state
for the support of school districts and community college districts
pursuant to Section 8 of Article XVI of the California Constitution.
(b)
(2) For purposes of this section, "qualifying provisions" means
the following:
(A) The amendments made to Chapter 6 (commencing with Section 95)
of Part 0.5 of Division 1 of the Revenue and Taxation Code during the
1991-92 Regular Session and the 1993-94 Regular Session.
(B) The amendments made to Sections 97.2 and 97.3 of the Revenue
and Taxation Code by Chapter 1111 of the Statutes of 1996.
(C) Section 100.8 of the Revenue and Taxation Code.
(b) Notwithstanding any other provision of law, for the 2002-03
fiscal year and each fiscal year thereafter, the percentage of
"General Fund revenues appropriated for school districts and
community college districts, respectively, in fiscal year 1986-87,"
for purposes of paragraph (1) of subdivision (b) of Section 8 of
Article XVI of the California Constitution, shall be deemed to be the
percentage of General Fund revenues that would have been
appropriated for those entities if the amendments made to Chapter 6
(commencing with Section 95) of Part 0.5 of Division 1 of the Revenue
and Taxation Code during the 1991-92 Regular Session, the amendments
made to that same chapter during the 1993-94 Regular Session, and
Section 100.8 of the Revenue and Taxation Code, had been operative
for the 1986-87 fiscal year.
(c) In no event may the recalculations required by subdivisions
(a) and (b) result in a percentage that exceeds the "percentage of
General Fund revenues appropriated for school districts and community
college districts, respectively, in fiscal year 1986-87," for
purposes of paragraph (1) of subdivision (b) of Section 8 of Article
XVI of the California Constitution prior to the amendments made to
Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of
the Revenue and Taxation Code during the 1991-92 Regular Session.
(d) It is the intent of the Legislature in enacting
the act adding this section to ensure both of
the following:
(1) That the changes required by the act adding this
section qualifying provisions in the allocations
of ad valorem property tax revenues do not have a net fiscal impact
upon school districts, as defined in accordance with
Section 41302.5, or community college districts.
(2) That the changes required by the act adding this
section qualifying provisions in the allocations
of ad valorem property tax revenues do not have a net fiscal impact
upon the amounts of revenue otherwise required to be applied by the
state for the support of school districts and community college
districts pursuant to Section 8 of Article XVI of the California
Constitution.
SEC. 2. Section 41204.1 of the Education Code, as amended by
Section 1 of Chapter 84 of the Statutes of 1999, is repealed:
41204.1. (a) (1) Pursuant to paragraph (2) of subdivision (b) of
Section 41204, the Director of Finance shall annually adjust "the
percentage of General Fund revenues appropriated for school districts
and community college districts, respectively, in the 1986-87 fiscal
year" for purposes of applying paragraph (1) of subdivision (b) of
Section 8 of Article XVI of the California Constitution, to reflect
those property tax revenue allocation modifications, required by the
amendments made to Chapter 6 (commencing with Section 95) of Part 0.5
of Division 1 of the Revenue and Taxation Code by the qualifying
provisions, in a manner that ensures that those modifications will
have no net fiscal impact upon the amounts that are otherwise
required to be applied by the state for the support of school
districts and community college districts pursuant to Section 8 of
Article XVI of the California Constitution.
(2) For purposes of this section, "qualifying provisions" means
all of the following:
(A) The amendments made to Chapter 6 (commencing with Section 95)
of Part 0.5 of Division 1 of the Revenue and Taxation Code during the
1991-92 Regular Session and the 1993-94 Regular Session.
(B) The amendments made to Sections 97.2 and 97.3 of the Revenue
and Taxation Code by Chapter 1111 of the Statutes of 1996.
(C) Section 97.43 of the Revenue and Taxation Code.
(b) Notwithstanding any other provision of law, for the 2000-01
fiscal year and each fiscal year thereafter, the percentage of
"General Fund revenues appropriated for school districts and
community college districts, respectively, in fiscal year 1986-87,"
for purposes of paragraph (1) of subdivision (b) of Section 8 of
Article XVI of the California Constitution, shall be deemed to be the
percentage of General Fund revenues that would have been
appropriated for those entities if the amendments made to Chapter 6
(commencing with Section 95) of Part 0.5 of Division 1 of the Revenue
and Taxation Code during the 1991-92 Regular Session, the amendments
made to that same chapter during the 1993-94 Regular Session, and
Section 97.43 of the Revenue and Taxation Code, had been operative
for the 1986-87 fiscal year.
(c) In no event shall the recalculations pursuant to subdivisions
(a) and (b) result in a percentage that exceeds the "percentage of
General Fund revenues appropriated for school districts and community
college districts, respectively, in fiscal year 1986-87," for
purposes of paragraph (1) of subdivision (b) of Section 8 of Article
XVI of the California Constitution prior to the amendments made to
Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of
the Revenue and Taxation Code during the 1991-92 Regular Session.
(d) It is the intent of the Legislature to ensure both of the
following:
(1) That the changes required by the qualifying provisions in the
allocations of ad valorem property tax revenues do not have a net
fiscal impact upon school districts, as defined in accordance with
Section 41302.5, or community college districts.
(2) That the changes required by the qualifying provisions in the
allocations of ad valorem property tax revenues do not have a net
fiscal impact upon the amounts of revenue otherwise required to be
applied by the state for the support of school districts and
community college districts pursuant to Section 8 of Article XVI of
the California Constitution.
SEC. 3. Chapter 7 (commencing with Section 39910) is added
to Part 2 of Division 26 of the Health and Safety Code, to read:
CHAPTER 7. EXPEDITED AIR QUALITY IMPROVEMENT PROGRAM FOR
ELECTRICAL GENERATION
39910. The Legislature finds and declares that it is in the
interests of the people of the State of California to ensure that the
state board establish an expedited process to assist in the
permitting, retrofit, and operation of electrical generating
facilities in a manner that protects public health and air quality.
39915. The state board, in consultation with the districts and
the State Energy Resources Conservation and Development Commission,
shall implement a program for the expedited retrofit of electrical
generating facilities to ensure that those facilities
operate, by permit, in a manner that complies with applicable
statutes and regulations. are operated in a manner
that protects and improves air quality. The state board shall
establish standards and timeframes in a manner consistent with
existing requirements to implement this section.
39920. The state board shall implement a
an expedited statewide program for the identification and
banking of emission reduction credits for electrical generating
facilities and, where applicable, natural gas transmission
facilities and make that information available to the public
and interested parties. The board shall consult with the owners
of facilities being retrofitted, the Independent System Operator,
the Public Utilities Commission, and the State Energy Resources
Conservation and Development Commission to ensure that the program is
coordinated with efforts to ensure electrical grid reliability.
SEC. 2.
SEC. 4. Section 42301.15 is added to the Health and Safety
Code, to read:
42301.15. (a) Each district shall adopt an
expedited program for the permitting of standby electrical generation
facilities and , distributed
generation facilities , and, where applicable, natural gas
transmission facilities which ensures that those facilities may
operate in compliance with applicable air quality standards,
statutes, and regulations.
(b) Each district shall adopt an expedited program for the
retrofit of existing electrical generation facilities so that those
facilities may operate in compliance with applicable air quality
standards, statutes, and regulations. Each district shall consult
with the Independent System Operator, the Public Utilities
Commission, and the State Energy Resources Conservation and
Development Commission to ensure that the program is coordinated with
efforts to ensure electrical grid reliability.
SEC. 3.
SEC. 5. Section 42314.3 is added to the Health and Safety Code, to
read:
42314.3. (a) Notwithstanding any other provision of law, and to
the extent permitted by the federal Clean Air Act (42 U.S.C. Sec.
7401 et seq.), and upon demonstration by the owner or operator of the
facility that those offsets are not available, in lieu of obtaining
emissions offsets, the applicant for a thermal powerplant may pay an
air emissions mitigation fee to the appropriate air pollution control
district or air quality management district for expenditure by the
district pursuant to Chapter 9 (commencing with Section 44275) of
Part 5 or a similar program established by the district.
(b) Notwithstanding any other provision of law, and to the extent
permitted by the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.),
in lieu of obtaining emissions offsets, the applicant for a thermal
powerplant may post a bond or letter of credit in an amount
sufficient to adequately cover the cost of required emissions
offsets. Prior to commencement of commercial operation, the owner or
operator of the thermal powerplant shall obtain the required
emissions offsets, or shall obtain a portion of the required
emissions offsets and forfeit a proportionate amount of the bond or
letter of credit for the portion of the required emissions offsets
that are not obtained. The district may, by regulation, establish
the time period, not to exceed six months prior to commencement of
commercial operations, at which time the offsets or funds shall be
provided.
(c) With respect to subdivisions (a) and (b), the appropriate
district shall hold a public hearing before the governing board or
air pollution control officer to establish the amount to be paid.
Notice of the hearing shall be published at least 30 days prior to
the hearing in a newspaper of general circulation in the area to be
affected by the powerplant emissions. The amount shall be sufficient
in the judgment of the district to obtain equivalent emission
reductions as would have been provided by the otherwise required
emissions offsets, and may include an additional amount not to exceed
3 percent to cover the district's administrative costs. The
district shall use the funds to obtain equivalent emissions
reductions as would have been provided by offsets, to the maximum
extent feasible.
(d) This section shall apply to all proposed thermal powerplants,
including those subject to the jurisdiction of the State Energy
Resources Conservation and Development Commission.
(e) The district may, by regulation, suspend or limit the
applicability of this section for any period of time or with respect
to a particular powerplant to the extent the district determines that
application of this section would interfere with attainment or
maintenance of national ambient air quality standards, or to the
extent it determines that adequate offsets are available at a
reasonable price.
(f) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2004, deletes or extends
that date.
SEC. 6. Section 25506 of the Public Resources Code is
amended to read:
25506. (a) The commission shall request the appropriate local,
regional, state, and federal agencies to make comments and
recommendations regarding the design, operation, and location of the
facilities designated in the notice, in relation to environmental
quality, public health and safety, and other factors on which they
may have expertise.
(b) Each local jurisdiction responding to the request shall file a
preliminary list of issues regarding the design, operation,
location, and financial impacts of the facility with the commission
no later than 45 days after the filing of an application for
certification and shall provide a final list of those issues with the
commission no later than 90 days after the filing of an application
for certification.
(c) "Local jurisdiction," for purposes of this section, means any
city, county, city and county, or regional planning agency, or any
combination thereof formed for the joint exercise of any power.
SEC. 4.
SEC. 7. Section 25514 of the Public Resources Code is
amended to read:
25514. After conclusion of the hearings held pursuant to Section
25513 and no later than 300 days after the filing of the notice, a
final report shall be prepared and distributed. The final report
shall include, but not be limited to, all of the following:
(a) The findings and conclusions of the commission regarding the
conformity of alternative sites and related facilities designated in
the notice or considered in the notice of intention proceeding with
both of the following:
(1) The 12-year forecast of statewide and service area electric
power demands adopted pursuant to subdivision (e) of Section 25305,
except as provided in Section 25514.5.
(2) Applicable local, regional, state, and federal standards,
ordinances, and laws, including any long-range land use plans or
guidelines adopted by the state or by any local or regional planning
agency, which would be applicable but for the exclusive authority of
the commission to certify sites and related facilities; and the
standards adopted by the commission pursuant to Section 25216.3.
(b) Any findings and comments submitted by the California Coastal
Commission pursuant to Section 25507 and subdivision (d) of Section
30413.
(c) Any findings and comments submitted by the San Francisco Bay
Conservation and Development Commission pursuant to Section 25507 of
this code and subdivision (d) of Section 66645 of the Government
Code.
(d) The commission's findings on the acceptability and relative
merit of each alternative siting proposal designated in the notice or
presented at the hearings and reviewed by the commission. The
specific findings of relative merit shall be made pursuant to
Sections 25502 to 25516, inclusive. In its findings on any
alternative siting proposal, the commission may specify modification
in the design, construction, location, or other conditions which will
meet the standards, policies, and guidelines established by the
commission.
(e) Findings and conclusions with respect to the safety and
reliability of the facility or facilities at each of the sites
designated in the notice, as determined by the commission pursuant to
Section 25511, and any conditions, modifications, or criteria
proposed for any site and related facility proposal resulting from
the findings and conclusions.
(f) Findings and conclusions as to whether increased property
taxes due to the construction of the project are sufficient to
support needed local improvements and public services required to
serve the project.
SEC. 5.
SEC. 8. Section 25523 of the Public Resources Code is
amended to read:
25523. The commission shall prepare a written decision after the
public hearing on an application, which includes all of the
following:
(a) Specific provisions relating to the manner in which the
proposed facility is to be designed, sited, and operated in order to
protect environmental quality and assure public health and safety.
(b) In the case of a site to be located in the coastal zone,
specific provisions to meet the objectives of Division 20 (commencing
with Section 30000) as may be specified in the report submitted by
the California Coastal Commission pursuant to subdivision (d) of
Section 30413, unless the commission specifically finds that the
adoption of the provisions specified in the report would result in
greater adverse effect on the environment or that the provisions
proposed in the report would not be feasible.
(c) In the case of a site to be located in the Suisun Marsh or in
the jurisdiction of the San Francisco Bay Conservation and
Development Commission, specific provisions to meet the requirements
of Division 19 (commencing with Section 29000) of this code or Title
7.2 (commencing with Section 66600) of the Government Code as may be
specified in the report submitted by the San Francisco Bay
Conservation and Development Commission pursuant to subdivision (d)
of Section 66645 of the Government Code, unless the commission
specifically finds that the adoption of the provisions specified in
the report would result in greater adverse effect on the environment
or the provisions proposed in the report would not be feasible.
(d) (1) Findings regarding the conformity of the proposed site and
related facilities with standards adopted by the commission pursuant
to Section 25216.3 and subdivision (d) of Section 25402, with public
safety standards and the applicable air and water quality standards,
and with other relevant local, regional, state, and federal
standards, ordinances, or laws. If the commission finds that there
is noncompliance with any state, local, or regional ordinance or
regulation in the application, it shall consult and meet with the
state, local, or regional governmental agency concerned to attempt to
correct or eliminate the noncompliance. If the noncompliance cannot
be corrected or eliminated, the commission shall inform the state,
local, or regional governmental agency if it makes the findings
required by Section 25525.
(2) The commission may not find that the proposed facility
conforms with applicable air quality standards pursuant to paragraph
(1) unless the applicable air pollution control district or air
quality management district certifies that complete emissions offsets
for the proposed facility have been identified and will be obtained
by the applicant prior to the commission's licensing of the project,
to the extent that the proposed facility requires emission offsets to
comply with local, regional, state, or federal air quality
standards.
(e) Provision for restoring the site as necessary to protect the
environment, if the commission denies approval of the application.
(f) In the case of a site and related facility using resource
recovery (waste-to-energy) technology, specific conditions requiring
that the facility be monitored to ensure compliance with paragraphs
(1), (2), (3), and (6) of subdivision (a) of Section 42315 of the
Health and Safety Code.
(g) In the case of a facility, other than a resource recovery
facility subject to subdivision (f), specific conditions requiring
the facility to be monitored to ensure compliance with toxic air
contaminant control measures adopted by an air pollution control
district or air quality management district pursuant to subdivision
(d) of Section 39666 or Section 41700 of the Health and Safety Code,
whether the measures were adopted before or after issuance of a
determination of compliance by the district.
(h) A discussion of any public benefits from the project
including, but not limited to, economic benefits, environmental
benefits, and electricity reliability benefits, resulting from
modernization of the state's electric generation infrastructure.
SEC. 6.
SEC. 9. Section 25526.1 is added to the Public Resources
Code, to read:
25526.1. The commission shall adopt a regulation, applicable to
any adjudicatory proceeding before the commission, governing ex parte
contacts. The regulation shall provide for prompt disclosure of any
ex parte contact. The rule shall apply to any contact regarding a
substantive, nonprocedural matter at issue in the adjudicatory
proceeding between any party to the proceeding and commission staff
where the staff is acting as a party to the proceeding ,
and any commissioner, commissioner's advisor, or hearing officer. The
regulation shall not restrict exchanges of information among the
public and any parties to the proceeding, including contacts between
parties and commission staff, other than a commissioner, commissioner'
s advisor, or hearing officer. The commission staff shall docket a
written summary of the substance of any ex parte contact between
staff and a party.
SEC. 7.
SEC. 10. Section 25531 of the Public Resources Code is
amended to read:
25531. (a) The decisions of the commission on any application of
any electric utility for certification of a site and related facility
are subject to judicial review by the Supreme Court of California.
(b) No new or additional evidence may be introduced upon review
and the cause shall be heard on the record of the commission as
certified to by it. The review shall not be extended further than to
determine whether the commission has regularly pursued its
authority, including a determination of whether the order or decision
under review violates any right of the petitioner under the United
States Constitution or the California Constitution. The findings and
conclusions of the commission on questions of fact are final and are
not subject to review, except as provided in this article. These
questions of fact shall include ultimate facts and the findings and
conclusions of the commission. A report prepared by, or an approval
of, the commission pursuant to Section 25510, 25514, 25516, or
25516.5, or subdivision (b) of Section 25520.5, shall not constitute
a decision of the commission subject to judicial review.
(c) Subject to the right of judicial review of decisions of the
commission, no court in this state has jurisdiction to hear or
determine any case or controversy concerning any matter which was, or
could have been, determined in a proceeding before the commission,
or to stop or delay the construction or operation of any thermal
powerplant except to enforce compliance with the provisions of a
decision of the commission.
(d) Notwithstanding Section 1250.370 of the Code of Civil
Procedure:
(1) If the commission requires, pursuant to subdivision (a) of
Section 25528, as a condition of certification of any site and
related facility, that the applicant acquire development rights, that
requirement conclusively establishes the matters referred to in
Sections 1240.030 and 1240.220 of the Code of Civil Procedure in any
eminent domain proceeding brought by the applicant to acquire the
development rights.
(2) If the commission certifies any site and related facility,
that certification conclusively establishes the matters referred to
in Sections 1240.030 and 1240.220 of the Code of Civil Procedure in
any eminent domain proceeding brought to acquire the site and related
facility.
(e) No decision of the commission pursuant to Section 25516,
25522, or 25523 shall be found to mandate a specific supply plan for
any utility as prohibited by Section 25323.
SEC. 8. Section 25544 is added to the Public Resources Code, to
read:
25544. Notwithstanding any other provision of law, no owner of a
facility shall have standing to challenge a decision made by the
commission pursuant to this chapter unless that owner also owns
transmission or fueling facilities adjacent to the facility.
SEC. 9.
SEC. 11. Section 25550.5 is added to the Public Resources
Code, to read:
25550.5. (a) Notwithstanding subdivision (a) of Section 25522 and
Section 25540.6, the commission shall establish a process to issue
its final certification for the repowering of a thermal
powerplant and related facilities
within 180 days 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, that the
project will comply with all applicable standards, ordinances,
regulations, or statutes, and that electrical output from the project
will be made available to serve electrical customers located within
the state. For purposes of this section, filing has the same meaning
as in Section 25522.
(b) The repowering of a thermal powerplant 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 repowering of a 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 repowering of a 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, any local, regional, or state agency that would have had
jurisdiction over the proposed thermal powerplant and related
facilities, but for the exclusive jurisdiction of the commission,
shall provide its final comments, determinations, or opinions within
100 days after the filing of the application. The regional water
quality control board, 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) The repowering of a thermal powerplant and related facilities
that demonstrate superior environmental or efficiency performance
improvement shall receive first priority in review by the commission.
(f) With respect to the repowering of a thermal powerplant and
related facilities reviewed under the process established by this
chapter, it shall be shown that the applicant has contracted for an
adequate supply of skilled labor to construct, operate, and maintain
the plant.
(g) With respect to a repowering of 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.
(h) This section shall not apply to an application filed with the
commission on or before August 1, 1999.
(i) 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.
(j) For purposes of this section, "repowering" means a project for
the modification of an existing thermal powerplant that meets all of
the following criteria:
(1) The project complies with all applicable requirements of
federal, state, and local laws.
(2) The project is located on the site of, and within the existing
boundaries of, an existing thermal facility.
(3) The project will not require significant additional
rights-of-way for electrical or fuel-related transmission
facilities.
(4) The project will result in significant and substantial
increases in the efficiency of the production of electricity,
including, but not limited to, reducing the heat rate, reducing the
use of natural gas, reducing the use and discharge of water, and
reducing air pollutants emitted by the project , as measured on
a per kilowatthour basis .
(k) This section shall remain in effect only 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. 10.
SEC. 12. Section 25552 of the Public Resources Code is
amended to read:
25552. (a) The commission shall implement a procedure, consistent
with Division 13 (commencing with Section 21000) and with the
federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), for an expedited
decision on simple cycle thermal powerplants and related facilities
that can be put into service on or before August 1
December 31 , 2002, including a procedure for considering
amendments to a pending application if the amendments specify a
change from a combined cycle thermal powerplant and related
facilities to a simple cycle thermal powerplant and related
facilities.
(b) The procedure shall include all of the following:
(1) A requirement that, within 30 15
days of receiving the application or amendment to a pending
application, the commission shall determine whether the application
is complete.
(2) A requirement that, within 30 15
days of determining that an application is complete, the commission,
or a committee of the commission, shall determine whether the
application qualifies for an expedited decision pursuant to this
section. If an application qualifies for an expedited decision
pursuant to this section, the commission shall provide the notice
required by Section 21092.
(c) The commission shall issue its final decision on an
application, including an amendment to a pending application, within
four months from the date on which it deems the application or
amendment complete, or at any later time mutually agreed upon by the
commission and the applicant, provided that the thermal powerplant
and related facilities remain likely to be in service before
or during August on or before December 31,
2002.
(d) The commission shall issue a decision granting a license to a
simple cycle thermal powerplant and related facilities pursuant to
this section if the commission finds all of the following:
(1) The thermal powerplant is not a major stationary source or a
modification to a major stationary source, as defined by the federal
Clean Air Act, and will be equipped with best available control
technology, in consultation with the appropriate air pollution
control district or air quality management district and the State Air
Resources Board.
(2) The thermal powerplant and related facilities will not have a
significant adverse effect on the environment or the electrical
system as a result of construction or operation.
(3) With respect to a project for a thermal powerplant and related
facilities reviewed under the process established by this section,
the applicant has contracted for an adequate supply of skilled labor
to construct, operate, and maintain the thermal powerplant.
(e) In order to qualify for the procedure established by this
section, an application shall satisfy the requirements of Section
25523, and include a description of the proposed conditions of
certification that will do all of the following:
(1) Assure that the thermal powerplant and related facilities will
not have a significant adverse effect on the environment as a result
of construction or operation.
(2) Assure protection of public health and safety.
(3) Result in compliance with all applicable federal, state, and
local laws, ordinances, and standards.
(4) A reasonable demonstration that the thermal powerplant and
related facilities, if licensed on the expedited schedule provided by
this section, will be in service before August 1, 2002.
(5) A binding and enforceable agreement with the commission, that
demonstrates either of the following:
(A) That the thermal powerplant will cease to operate and the
permit will terminate within three years.
(B) That the thermal powerplant will be recertified, modified,
replaced, or removed within a period of three years with a
cogeneration or combined-cycle thermal powerplant that uses best
available control technology and obtains necessary offsets, as
determined at the time the combined-cycle thermal powerplant is
constructed, and that complies with all other applicable laws,
ordinances, and standards.
(6) Where applicable, that the thermal powerplant will obtain
offsets or, where offsets are unavailable, pay an air emissions
mitigation fee to the air pollution control district or air quality
management district based upon the actual emissions from the thermal
powerplant, to the district for expenditure by the district pursuant
to Chapter 9 (commencing with Section 44275) of Part 5 of Division 26
of the Health and Safety Code, to mitigate the emissions from the
plant. To the extent consistent with federal law and regulation, any
offsets required pursuant to this paragraph shall be based upon a
1:1 ratio, unless, after consultation with the applicable air
pollution control district or air quality management district, the
commission finds that a different ratio should be required.
(7) Nothing in this section shall affect the ability of an
applicant that receives approval to install simple cycle thermal
powerplants and related facilities as an amendment to a pending
application to proceed with the original application for a combined
cycle thermal powerplant or related facilities.
(f) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date except that the binding commitments in paragraph (5) of
subdivision (e) shall remain in effect after that date.
SEC. 11.
SEC. 13. Section 100.8 is added to the Revenue and Taxation Code,
to read:
100.8. Notwithstanding any other provision of law, for the
2001-02 fiscal year and each fiscal year thereafter, all of the
following apply:
(a) The property tax assessed value of new electrical generation
property assessed by county tax assessors in each county shall be
allocated entirely to the county or city in which the property is
located.
(b) The total tax rate applied to the assessed value allocated
pursuant to subdivision (a) shall be the sum of the rates calculated
pursuant to subdivision (b) of Section 100.
(c) The revenues derived from the application of the total tax
rate described in subdivision (b) to the assessed value allocated to
a tax rate area pursuant to subdivision (a) shall be allocated among
the jurisdictions in that tax rate area, in those same percentage
shares that property tax revenues, derived from locally assessed
property, are allocated to those jurisdictions in that tax rate area.
(d) For purposes of this section, "new electrical generation
property" means a powerplant, cogeneration facility, new generation
facility, or a transmission or distribution facility, or any portion
thereof, completed and placed in service on or after January 1, 2001.
SEC. 14. The sum of fifty-four million dollars ($54,000,000) is
hereby appropriated from the General Fund to the State Energy
Resources Conservation and Development Commission for expenditure,
without regard to fiscal years, for the following purposes:
(a) Fifty million dollars ($50,000,000) to increase rebates for
clean, renewable distributed energy systems smaller than 10
kilowatts.
(b) Three million dollars ($3,000,000) to provide assistance to
cities and counties to expedite the review and analysis of
applications for electrical generating facilities which will assist
the state in meeting its urgent energy needs and ensuring system
reliability.
(c) One million dollars ($1,000,000) to contract for a study of
the causes and effects of shoreline water contamination located in
the vicinity of the City of Huntington Beach to be conducted
concurrent with the Huntington Beach Shoreline Contamination Study
conducted by the Orange County Sanitation district.
SEC. 15. Notwithstanding Section 17610 of the Government
Code, if the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
SEC. 12.
SEC. 16. 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 address the rapid, unforeseen shortage of electric
supply and energy available in the state, which endangers the health,
welfare, and safety of the people of this state, it is necessary for
this act to take effect immediately.