SB 1859 Senate Bill - INTRODUCED

BILL NUMBER: SB 1859	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Bowen

                        FEBRUARY 20, 2004

   An act to amend Sections 12802.5 and 12805 of, and to add Section
12812.4 to, the Government Code, to amend Sections 800, 25200, 25202,
25204, and 25206 of, and to repeal Section 801 of, the Public
Resources Code, relating to energy.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1859, as introduced, Bowen.  Energy.
   (1) Existing law provides that the State Energy Resources
Conservation and Development Commission is in the Resources Agency
and that the Secretary of the Resources Agency is an ex officio,
nonvoting member of the commission. Existing law authorizes the
Governor to appoint an Assistant Secretary for Energy Matters to the
Resources Agency and authorizes that assistant secretary to serve on
the commission as the designee of the Secretary of the Resources
Agency.
   This bill would move the commission to the California
Environmental Protection Agency and replace the Secretary of the
Resources Agency's membership on the commission with the Secretary
for Environmental Protection. The bill would, rather than authorizing
the Governor to appoint an Assistant Secretary for Energy Matters to
the Resources Agency, authorize the Governor to appoint that
assistant secretary to the California Environmental Protection
Agency, and authorize that assistant secretary to serve on the
commission as the designee of the Secretary for Environmental
Protection.
   (2) Existing law states that it is the state's policy to encourage
the use of nuclear energy, geothermal resources, and other energy
resources under development, whenever feasible, due to potential
economic and environmental benefits.  Existing law states that a
State Powerplant Siting Committee has been established for specified
purposes and that it is the Resources Agency's responsibility to
establish a program of research on improved methods of powerplant
siting, as specified.  Existing law specifies certain investigations
related to power that should be made.
   The bill would delete those provisions.
   (3) The bill would make other technical, nonsubstantive changes.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12802.5 of the Government Code is amended to
read:
   12802.5.  The Governor may, with respect to the Resources Agency,
appoint an  Assistant Secretary for Energy Matters who may
serve as Secretary for Resources designee on the Energy Resources
Conservation and Development Commission and an  Assistant
Secretary for Coastal Matters who may serve as  the 
Secretary  for   of the  Resources 
Agency  designee on the  State   California
 Coastal Commission.
  SEC. 2.  Section 12805 of the Government Code is amended to read:
   12805.  The Resources Agency consists of the  State Air
Resources Board, the  Colorado River Board, t  he
State Energy Resources Conservation and Development Commission, the
State Water Resources Control Board and each California regional
water quality control board,  the State Lands Commission,
the Division of State Lands, the San Joaquin River Conservancy, 
 and the following departments:  Conservation; Fish and Game;
Forestry and Fire Protection; Boating and Waterways; Parks and
Recreation; and Water Resources.
  SEC. 3.  Section 12812.4 is added to the Government Code, to read:

   12812.4.  The Governor may appoint an Assistant Secretary for
Energy Matters to the California Environmental Protection Agency, who
may serve as the Secretary for Environmental Protection designee on
the Energy Resources Conservation and Development Commission.
  SEC. 4.  Section 800 of the Public Resources Code is amended to
read:
   800.  It is the policy of the  State of California
  state  that the location and operation of thermal
electric powerplants shall enhance public benefits and protect
against or minimize adverse effects on the public, the ecology of the
land and its wildlife, and the ecology of state waters and their
aquatic life, and that the public's opportunity to enjoy the
material, physical  ,  and aesthetic benefits of its
resources shall be preserved to the greatest extent feasible.

   The Legislature declares that it is also the policy of the state
to encourage the use of nuclear energy, geothermal resources, and
such other energy sources as are currently under development,
wherever feasible, recognizing that such use has the potential of
providing direct economic benefit to the public, while helping to
conserve limited fossil fuel resources and promoting air cleanliness.

   The Legislature further declares that it is the policy of the
state to encourage planning by the state's electric utilities toward
the above-stated objectives and to assist the utilities in their
evaluations of the effects on the environment of proposed thermal
powerplant sites  and to that end a State Powerplant Siting
Committee has been established to effect such coordination with the
utilities and to carry out specific responsibilities as may be
defined in the Public Utilities Code and the Public Resources Code
 .
   The Legislature finds that the state should conduct research
relating to the conservation, enhancement  ,  and prudent
use of its resources, including those associated with the siting of
thermal powerplants.
   The Legislature finds that the state should also stimulate,
sponsor  ,  and conduct appropriate research and study on
new methods of powerplant siting  which   that
 offer potential for enhanced public benefits in location,
operation, and protection of the environment  with such
investigations including underground and underocean sites, manmade
islands, powerplant parks, the desirability of locations on or near
tidal lagoons, and other concepts which may appear attractive in
minimizing the impact on the environment of the large projected
increase in California electric generating capacity  .
  SEC. 5.  Section 801 of the Public Resources Code is repealed.

   801.  In accordance with state policy, it shall be the
responsibility of the Resources Agency to establish a program of
research on improved methods of powerplant siting.  Recognizing the
very considerable experience, knowledge and effort of the state's
electric utilities in this field, the Resources Agency shall
coordinate its research programs with the electric utilities to
insure minimum duplication and maximum interchange of information
with the results of the state's research program being published and
made available as public information.
   In accord with recommendation No. 3 made in the Resources Agency's
report to the Legislature on Siting Thermal Powerplants in
California, dated February 15, 1970, and concurred in by the
Utilities Ad Hoc Committee, the Resources Agency is specifically
authorized to undertake a study of the siting of underground
powerplants. 
  SEC. 6.  Section 25200 of the Public Resources Code is amended to
read:
   25200.  There is in the  Resources 
California Environmental Protection  Agency the State Energy
Resources Conservation and Development Commission, consisting of five
members appointed by the Governor subject to Section 25204.
  SEC. 7.  Section 25202 of the Public Resources Code is amended to
read:
   25202.  The Secretary  of the Resources Agency 
 for Environmental Protection  and the President of the
Public Utilities Commission shall be ex officio, nonvoting members of
the commission, whose presence shall   not be counted for a
quorum or for vote requirements.
  SEC. 8.  Section 25204 of the Public Resources Code is amended to
read:
   25204.  The Governor shall appoint the members of the commission
 within 30 days after the effective date of this division
 .  Every appointment made by the Governor to the commission
shall be subject to the advice and consent of a majority of the
members elected to the Senate.
  SEC. 9.  Section 25206 of the Public Resources Code is amended to
read:
   25206.  The terms of office of the members of the commission shall
be for five years  , except that the members first appointed
to the commission shall classify themselves by lot so that the term
of office of one member shall expire at the end of each one of the
five years following the effective date of this division  .
 Any   A  vacancy shall be filled by the
Governor within 30 days of the date on which a vacancy occurs for the
unexpired portion of the term in which it occurs or for  any
  a  new term of office.
   If the Governor fails to make an appointment for  any
  a  vacancy within  such  
that  30-day period, the Senate Rules Committee may make the
appointment to fill the vacancy for the unexpired portion of the term
in which the vacancy occurred or for  any   a
 new term of office, subject to  the provisions of
 Section 25204.