BILL NUMBER: SB 110 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Peace
DECEMBER 15, 1998
An act to amend Section 66645 of the Government Code, and to amend
Sections 25519, 25520, 25520.5, 25522, 25524.5, 25528, 25531, 25540,
25540.1, and 25540.4 of, and to repeal Sections 25502, 25502.3,
25503, 25504, 25504.5, 25505, 25506, 25506.5, 25507, 25508, 25509,
25509.5, 25510, 25511, 25512, 25512.5, 25513, 25513.3, 25514,
25514.3, 25514.5, 25515, 25516, 25516.1, 25516.5, 25516.6, and 30413
of, the Public Resources Code, relating to energy conservation.
LEGISLATIVE COUNSEL'S DIGEST
SB 110, as introduced, Peace. Energy conservation: power
facility and site certification: notice of intention.
Existing law, the Warren-Alquist State Energy Resources
Conservation and Development Act, requires the State Energy Resources
Conservation and Development Commission to certify sufficient sites
and related facilities that are required to provide a supply of
electric power sufficient to accommodate projected demand for
electric power statewide, and prescribes procedures for the
certification of a person proposing to construct a power facility, as
specified. The act, among other things, requires each person
proposing to construct a thermal powerplant or electric transmission
line on a site to submit to the commission a notice to file an
application for the certification of the site and related facility or
facilities. The act requires the notice of intention to file an
application to contain specified information relating to the proposed
facility, and prescribes procedures for the content and review of a
notice of intention to file an application.
This bill would eliminate those provisions requiring the
submission of the notice of intention to file an application for the
certification of a power facility to the commission, and the
provisions prescribing procedures for the content and review of a
notice, as specified. The bill would also make various related
conforming changes.
Existing law requires the San Francisco Bay Conservation and
Development Commission to analyze each notice of intention to file an
application for certification of a site and related facilities
within the Suisun Marsh or the area of jurisdiction of the
commission, and to forward to the State Energy and Resources
Conservation and Development Commission a written report on the
suitability of the proposed site and related facilities specified in
that notice.
This bill would delete those provisions requiring the San
Francisco Bay Conservation and Development Commission to analyze each
notice, and report to the State Energy Resources Conservation and
Development Commission.
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 66645 of the Government Code is amended to
read:
66645. (a) In addition to the provisions of
Sections 25302, 25500, 25507, 25508, 25514, 25516.1,
25519, 25523, and 25526 of the Public Resources Code,
the provisions of this section shall
apply applies to the commission and the State
Energy Resources Conservation and Development Commission with respect
to matters within the statutory responsibility of the latter.
(b) After one or more public hearings, and prior to
January 1, 1979, the commission shall designate those
specific locations within the Suisun Marsh, as defined in Section
29101 of the Public Resources Code, or the area of jurisdiction of
the commission, where the location of a facility, as defined in
Section 25110 of the Public Resources Code, would be inconsistent
with this title or Division 19 (commencing with Section 29000) of the
Public Resources Code. The following locations, however, shall not
be so designated: (1) any property of a utility that is used for
such a facility or will be used for the reasonable expansion thereof;
(2) any site for which a notice of intention to file an
application for certification has been filed pursuant to Section
25502 of the Public Resources Code prior to January 1, 1978, and is
subsequently approved pursuant to Section 22516 of the Public
Resources Code; and (3) and (2) the area east of
Collinsville Road that is designated for water-related industrial
use on the Suisun Marsh Protection Plan Map. Each designation made
pursuant to this section shall include a description of the
boundaries of those locations, the provisions of this title or
Division 19 (commencing with Section 29000) of the Public Resources
Code with which they would be inconsistent, and detailed findings
concerning the significant adverse impacts that would result from
development of a facility in the designated area. The commission
shall consider the conclusions, if any, reached by the State Energy
Resources Conservation and Development Commission in its most
recently promulgated comprehensive report issued pursuant to Section
25309 of the Public Resources Code. The commission also shall
request the assistance of the State Energy Resources Conservation and
Development Commission in carrying out the requirements of this
section. The commission shall transmit a copy of its report prepared
pursuant to this subdivision to the State Energy Resources
Conservation and Development Commission.
(c) The commission shall revise and update the designations
specified in subdivision (b) not less than once every five years.
The provisions of subdivision (b) shall not apply to any
sites and related facilities specified in any notice of intention to
file an application for certification filed pursuant to Section 25502
of the Public Resources Code prior to designation of additional
locations made by the commission pursuant to this subdivision.
(d) Whenever the State Energy Resources Conservation and
Development Commission exercises its siting authority and undertakes
proceedings pursuant to the provisions of Chapter
6 (commencing with Section 25500) of Division 15 of the Public
Resources Code with respect to any thermal powerplant or transmission
line to be located, in whole or in part, within the Suisun Marsh or
the area of jurisdiction of the commission, the commission shall
participate in those proceedings and shall receive from the
State Energy Resources Conservation and Development Commission any
notice of intention to file an application for certification of a
site and related facilities within the Suisun Marsh or the area of
jurisdiction of the commission. The commission
shall analyze each notice of intention and, prior to commencement of
the hearings conducted pursuant to Section 25513 of the Public
Resources Code, shall forward to the State Energy Resources
Conservation and Development Commission a written report on the
suitability of the proposed site and related facilities specified in
that notice. The commission's report shall contain a consideration
of, and findings regarding, the following:
(1) If it is to be located within the Suisun Marsh, the
consistency of the proposed site and related facilities, with the
provisions of this title and Division 19 (commencing with Section
29000) of the Public Resources Code, the policies of the Suisun Marsh
Protection Plan (as defined in Section 29113 of the Public Resources
Code) and the certified local protection program (as defined in
Section 29111 of the Public Resources Code) if any.
(2) If it is to be located within the area of jurisdiction of the
commission, the consistency of the proposed site and related
facilities with the provisions of this title and the San Francisco
Bay Plan.
(3) The degree to which the proposed site and related facilities
could reasonably be modified so as to be consistent with this title,
Division 19 (commencing with Section 29000) of the Public Resources
Code, the Suisun Marsh Protection Plan, or the San Francisco Bay
Plan.
(4) Such other matters as the commission deems appropriate and
necessary to carry out Division 19 (commencing with Section 29000) of
the Public Resources Code .
SEC. 2. Section 25502 of the Public Resources Code is repealed.
25502. Each person proposing to construct a thermal powerplant or
electric transmission line on a site shall submit to the commission
a notice of intention to file an application for the certification of
the site and related facility or facilities. The notice shall be an
attempt primarily to determine the suitability of the proposed sites
to accommodate the facilities and to determine the general
conformity of the proposed sites and related facilities with
standards of the commission and assessments of need adopted pursuant
to Sections 25305 to 25308, inclusive. The notice shall be in the
form prescribed by the commission and shall be supported by such
information as the commission may require.
Any site and related facility once found to be acceptable pursuant
to Section 25516 is, and shall continue to be, eligible for
consideration in an application for certification without further
proceedings required for a notice under this chapter.
SEC. 3. Section 25502.3 of the Public Resources Code is repealed.
25502.3. Except as provided in Section 25501.7, any person
proposing to construct a facility excluded from the provisions of
this chapter may waive such exclusion by submitting to the commission
a notice of intention to file an application for certification, and
any and all of the provisions of this chapter shall apply to the
construction of such facility.
SEC. 4. Section 25503 of the Public Resources Code is repealed.
25503. Each notice of intention to file an application shall
contain at least three alternative sites and related facilities, at
least one of which shall not be located in whole or in part in the
coastal zone. In addition, the alternative sites and related
electrical facilities may be proposed from an inventory of sites
which have previously been approved by the commission in a notice of
intent or may be proposed from sites previously examined.
SEC. 5. Section 25504 of the Public Resources Code is repealed.
25504. The notice of intention shall include a statement by the
applicant describing the location of the proposed sites by section or
sections, range and township, and county; a summary of the proposed
design criteria of the facilities; the type or types of fuels to be
used; the methods of construction and operation; the proposed
location of facilities and structures on each site; a preliminary
statement of the relative economic, technological, and environmental
advantages and disadvantages of the alternative site and related
facility proposals; a statement of need for the facility and
information showing the compatibility of the proposals with the most
recent electricity report issued pursuant to Section 25308; and any
other information that an electric utility deems desirable to submit
to the commission.
SEC. 6. Section 25504.5 of the Public Resources Code is repealed.
25504.5. An applicant may, in the notice, propose a site to be
approved which will accomodate a potential maximum electric
generating capacity in excess of the capacity being proposed for the
initial approval of the commission. If such a proposal is made, the
notice shall include, but not be limited to, in addition to the
information specified in Section 25504, all of the following:
(a) The number, type, and energy source of electric generating
units which the site is proposed ultimately to accomodate and the
maximum generating capacity for each unit.
(b) The projected installation schedule for each unit.
(c) The impact at the site when fully developed, on the
environment and public health and safety.
(d) The amount and sources of cooling water needed at the fully
developed site.
(e) The location and specifications of auxiliary facilities
planned for each state of development including, but not limited to,
pipelines, waste storage facilities, fuel storage facilities,
switchyards, coolant lines, coolant outfalls, and cooling ponds,
lakes, or towers.
SEC. 7. Section 25505 of the Public Resources Code is repealed.
25505. Upon receipt of a notice, the commission shall cause a
summary of the notice to be published in a newspaper of general
circulation in each county in which the sites and related facilities,
or any part thereof, designated in the notice are proposed to be
located. The commission shall also transmit a copy of the notice to
the Public Utilities Commission, for sites and related facilities
requiring a certificate of public convenience and necessity, and to
other federal, state, regional, and local agencies having an interest
in matters pertinent to the proposed facilities at any of the
alternative sites. A copy of the notice shall also be transmitted to
the Attorney General.
SEC. 8. Section 25506 of the Public Resources Code is repealed.
25506. 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.
SEC. 9. Section 25506.5 of the Public Resources Code is repealed.
25506.5. The commission shall request the Public Utilities
Commission, for sites and related facilities requiring a certificate
of public convenience and necessity, to make comments and
recommendations regarding the design, operation, and location of the
facilities designated in the notice in relation to the economic,
financial, rate, system reliability, and service implications of the
proposed facilities.
SEC. 10. Section 25507 of the Public Resources Code is repealed.
25507. (a) If any alternative site and related facility proposed
in the notice is proposed to be located, in whole or in part, within
the coastal zone, the commission shall transmit a copy of the notice
to the California Coastal Commission. The California Coastal
Commission shall analyze the notice and prepare the report and
findings prescribed by subdivision (d) of Section 30413 prior to
commencement of hearings pursuant to Section 25513.
(b) If any alternative site and related facility proposed in the
notice is proposed to be located, in whole or in part, within the
Suisun Marsh, or within the jurisdiction of the San Francisco Bay
Conservation and Development Commission, the commission shall
transmit a copy of the notice to the San Francisco Bay Conservation
and Development Commission. The San Francisco Bay Conservation and
Development Commission shall analyze the notice and prepare the
report and findings prescribed by subdivision (d) of Section 66645 of
the Government Code prior to commencement of hearings pursuant to
Section 25513.
SEC. 11. Section 25508 of the Public Resources Code is repealed.
25508. The commission shall cooperate with, and render advice to,
the California Coastal Commission and the San Francisco Bay
Conservation and Development Commission in studying applications for
any site and related facility proposed to be located, in whole or in
part, within the coastal zone, the Suisun Marsh, or the jurisdiction
of the San Francisco Bay Conservation and Development Commission if
requested by the California Coastal Commission or the San Francisco
Bay Conservation and Development Commission, as the case may be. The
California Coastal Commission or the San Francisco Bay Conservation
and Development Commission, as the case may be, may participate in
public hearings on the notice and on the application for site and
related facility certification as an interested party in such
proceedings.
SEC. 12. Section 25509 of the Public Resources Code is repealed.
25509. Within 45 days of the filing of the notice, the commission
shall conduct public informational presentations in the county or
counties in which the proposed sites and related facilities are
located. The place of such public informational presentations shall
be as close as practicable to the proposed sites. Such presentations
shall be for the purpose of setting forth the electrical demand
basis for the proposed site and related facility and providing
knowledge and understanding of the proposed facilities and sites.
SEC. 13. Section 25509.5 of the Public Resources Code is repealed.
25509.5. No sooner than 15 days after the conclusion of the
presentations pursuant to Section 25509, the commission shall
commence nonadjudicatory hearings. Such hearings shall identify
issues for adjudication in hearings pursuant to Section 25513, issues
which may be eliminated from further consideration in the notice
proceedings, and issues which should be deferred to the certification
proceeding. Any person may participate to the extent deemed
reasonable and relevant by the presiding member of the commission in
any such hearing. In scheduling such hearings the presiding member
shall confer with the public adviser to provide that the hearing
dates and locations are as convenient as possible for interested
parties and the public. Such hearings shall be conducted in order to
accomplish all of the following purposes:
(a) To set forth the electrical demand basis for the proposed site
and related facility.
(b) To provide knowledge and understanding of proposed facilities
and sites.
(c) To obtain the views and comments of the public, parties, and
concerned governmental agencies on the environmental, public health
and safety, economic, social, and land use impacts of the facility at
the proposed sites.
(d) To solicit information regarding reasonable alternative
sources of the electric generating capacity or energy to be provided
by alternative sites and related facilities, or combinations thereof,
which will better carry out the policies and objectives of this
division.
SEC. 14. Section 25510 of the Public Resources Code is repealed.
25510. After the conclusion of such hearings, and no later than
150 days after filing of the notice, the commission shall prepare and
make public a summary and hearing order on the notice of intention
to file an application. The commission may include within the summary
and hearing order any other alternatives proposed by the commission
or presented to the commission at a public hearing prior to
preparation of the summary and hearing order. The summary and
hearing order shall be published and made available to the public and
to interested local, regional, state, and federal agencies.
SEC. 15. Section 25511 of the Public Resources Code is repealed.
25511. The commission shall review the factors related to safety
and reliability of the facilities at each of the alternative sites
designated in the notice. In addition to other information requested
of the applicant, the commission shall, in determining the
appropriateness of sites and related facilities, require detailed
information on proposed emergency systems and safety precautions,
plans for transport, handling and storage of wastes and fuels,
proposed methods to prevent illegal diversion of nuclear fuels,
special design features to account for seismic and other potential
hazards, proposed methods to control density of population in areas
surrounding nuclear powerplants, and such other information as the
commission may determine to be relevant to the reliability and safety
of the facility at the proposed sites. The commission shall analyze
the information provided by the applicant, supplementing it, where
necessary, by onsite investigations and other studies. The commission
shall determine the adequacy of measures proposed by the applicant
to protect public health and safety, and shall include its findings
in the final report required by Section 25514.
SEC. 16. Section 25512 of the Public Resources Code is repealed.
25512. The summary and hearing order shall be based upon the
record of the proceeding including statements or documents presented
during any hearing or informational presentation on the notice, the
comments transmitted by the Public Utilities Commission and local,
regional, state, and federal agencies and the public to the
commission, and independent studies conducted by the commission's
staff.
The summary and hearing order shall:
(a) Identify those issues for consideration in hearings pursuant
to Section 25513.
(b) Identify those issues which may be eliminated from further
consideration in the notice of intention proceedings.
(c) Identify those issues which should be deferred to the
certification proceeding.
(d) Contain proposed findings on matters relevant to the
provisions of Section 25514.
(e) Specify dates for the adjudicatory hearings.
SEC. 17. Section 25512.5 of the Public Resources Code is repealed.
25512.5. Within 15 days of the publication of the summary and
hearing order, a copy will be distributed to any person who requests
such copy.
SEC. 18. Section 25513 of the Public Resources Code is repealed.
25513. No earlier than 30 days after distribution of the summary
and hearing order, the commission shall commence adjudicatory
hearings pursuant to the hearing order.
SEC. 19. Section 25513.3 of the Public Resources Code is repealed.
25513.3. Notwithstanding Sections 11425.30 and 11430.10 of the
Government Code, unless a party demonstrates other statutory grounds
for disqualification, a person who has served as investigator or
advocate in an adjudicative proceeding of the commission under this
code may serve as a supervisor of the presiding officer or assist or
advise the presiding officer in the same proceeding if the service,
assistance, or advice occurs more than one year after the time the
person served as investigator or advocate, provided the content of
any advice is disclosed on the record and all parties have an
opportunity to comment on the advice.
SEC. 20. Section 25514 of the Public Resources Code is repealed.
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.
SEC. 21. Section 25514.3 of the Public Resources Code is repealed.
25514.3. In specifying any modifications, conditions, or criteria
pursuant to Section 25514, for sites and related facilities
requiring a certificate of public convenience and necessity, the
commission shall request the comments and recommendations of the
Public Utilities Commission on the economic, financial, rate, system
reliability, and service implications of such modifications,
conditions, or criteria.
SEC. 22. Section 25514.5 of the Public Resources Code is repealed.
25514.5. In considering the acceptability of a site proposed to
accommodate ultimately additional power-generating capacity, the
commission, in determining, pursuant to Sections 25514 and 25512, the
conformity of the facilities proposed in the notice with the 12-year
forecast of statewide and service area electric power demands
adopted pursuant to subdivision (e) of Section 25305, shall base its
determination only on such initial facilities as are proposed for
operation within the forthcoming 12-year period. Additional
facilities projected to be operating at the site at a time beyond the
forthcoming 12-year period shall not be considered in the
determination of conformity with the electric power demand forecast.
SEC. 23. Section 25515 of the Public Resources Code is repealed.
25515. No later than 30 days after the final report is
distributed, a hearing or hearings on the final report shall be
commenced. Such hearings shall be concluded within 15 days of their
commencement.
SEC. 24. Section 25516 of the Public Resources Code is repealed.
25516. The approval of the notice by the commission shall be
based upon findings pursuant to Section 25514. The notice shall not
be approved unless the commission finds at least two alternative site
and related facility proposals considered in the commission's final
report as acceptable. If the commission does not find at least two
sites and related facilities acceptable, additional sites and related
facilities may be proposed by the applicant which shall be
considered in the same manner as those proposed in the original
notice.
If the commission finds that a good faith effort has been made by
the person submitting the notice to find
an acceptable alternative site and related
facility and that there is only one acceptable site and related
facility among those submitted, the commission may approve the notice
based on the one site and related facility. If a notice is approved
based on one site and related facility, the commission may require a
new notice to be filed to identify acceptable alternative sites and
related facilities for the one site and related facility approved
unless suitable alternative sites and related facilities have been
approved by the commission in previous notice of intention
proceedings.
If the commission finds that additional electric generating
capacity is needed to accommodate the electric power demand forecast
pursuant to subdivision (e) of Section 25305 and, after the
commission finds that a good faith effort was made by the person
submitting the notice to propose an acceptable site and related
facility, it fails to find any proposed site and related facility to
be acceptable, the commission shall designate, at the request of and
at the expense of the person submitting the notice, a feasible site
and related facility for providing the needed electric generating
capacity.
SEC. 25. Section 25516.1 of the Public Resources Code is repealed.
25516.1. If a site and related facility found to be acceptable by
the commission pursuant to Section 25516 is located in the coastal
zone, the Suisun Marsh, or the jurisdiction of the San Francisco Bay
Conservation and Development Commission, no application for
certification may be filed pursuant to Section 25519 unless the
commission has determined, pursuant to Section 25514, that such site
and related facility have greater relative merit than available
alternative sites and related facilities for an applicant's service
area which have been determined to be acceptable by the commission
pursuant to Section 25516.
SEC. 26. Section 25516.5 of the Public Resources Code is repealed.
25516.5. On a notice which proposes an expanded ultimate electric
generating capacity for a site, the commission may, based upon
findings pursuant to Section 25514, either approve the notice only
for the initial facility or facilities proposed for operation within
the forthcoming 12-year period or may approve the notice for the
initial facility or facilities and find the site acceptable for
additional generating capacity of the type tentatively proposed. The
maximum allowable amount and type of such additional capacity shall
be determined by the commission.
If a notice is approved which includes a finding that a particular
site is suitable to accommodate a particular additional generating
capacity, the site shall be designated a potential multiple-facility
site. The commission may, in determining the acceptability of a
potential multiple-facility site, specify conditions or criteria
necessary to insure that future additional facilities will not exceed
the limitations of the site.
SEC. 27. Section 25516.6 of the Public Resources Code is repealed.
25516.6. (a) Except as otherwise expressly provided in this
division, the commission shall issue its written decision on the
notice not later than 12 months after the notice is filed, or at any
later time as is mutually agreed upon by the commission and the
applicant.
(b) The commission shall determine, within 45 days after it
receives the notice, whether the notice is complete. If the
commission determines that the notice is complete, the notice shall
be deemed filed for the purpose of this section on the date that this
determination is made. If the commission determines that the notice
is incomplete, the commission shall specify, in writing, those parts
of the notice which are incomplete and shall indicate the manner in
which it can be made complete. If the applicant submits additional
data to complete the notice, the commission shall determine, within
30 days after receipt of that data, whether the data is sufficient to
make the notice complete. The notice shall be deemed filed on the
date the commission determines the notice is complete if the
commission has adopted regulations specifying the informational
requirements for a complete notice, but if the commission has not
adopted regulations, the notice shall be deemed filed on the last
date the commission receives any additional data that completes the
notice.
SEC. 28. Section 25519 of the Public Resources Code is amended to
read:
25519. (a) In order to obtain certification for a site and
related facility, an application for certification of such site and
related facility shall be filed with the commission. Such
The application shall be in a form prescribed by
the commission and shall be for a site and related facility
which has been found to be acceptable by the commission pursuant to
Section 25516, or for an additional facility at a site which has been
designated a potential multiple-facility site pursuant to Section
25514.5 and found to be acceptable pursuant to Sections 25516 and
25516.5 . An application for an additional facility at a
potential multiple-facility site shall be subject to the conditions
and review specified in Section 25520.5. An application may
not be filed for a site and related facility, if there is no
suitable alternative for the site and related facility which was
previously found to be acceptable by the commission, unless the
commission has approved the notice based on the one site as specified
in Section 25516.
(b) The commission, upon its own motion or in response to the
request of any party, may require the applicant to submit any
information, document, or data, in addition to the attachments
required by subdivision (i), which it determines is reasonably
necessary to make any decision on the application.
(c) The commission shall be the lead agency as provided in Section
21165 for all projects which that
require certification pursuant to this chapter and for projects
which that are exempted from such
certification pursuant to Section 25541. Unless the commission's
regulatory program governing site and facility certification and
related proceedings are certified by the Resources Agency pursuant to
Section 21080.5, an environmental impact report shall be completed
within one year after receipt of the application. If the commission
prepares a document or documents in the place of an environmental
impact report or negative declaration under a regulatory program
certified pursuant to Section 21080.5, any other public agency which
must make a decision which is subject to the California Environmental
Quality Act, Division 13 (commencing with Section 21000), on a site
or related facility, shall use the document or documents prepared by
the commission in the same manner as they would use an environmental
impact report or negative declaration prepared by a lead agency.
(d) If the site and related facility specified in the application
is proposed to be located in the coastal zone, the commission shall
transmit a copy of the application to the California Coastal
Commission for its review and comments.
(e) If the site and related facility specified in the application
is proposed to be located in the Suisun Marsh or the jurisdiction of
the San Francisco Bay Conservation and Development Commission, the
commission shall transmit a copy of the application to the San
Francisco Bay Conservation and Development Commission for its review
and comments.
(f) Upon receipt of an application, the commission shall forward
the application to local governmental agencies having land use and
related jurisdiction in the area of the proposed site and related
facility. Such local agencies shall review the application and
submit comments on, among other things, the design of the facility,
architectural and aesthetic features of the facility, access to
highways, landscaping and grading, public use of lands in the area of
the facility, and other appropriate aspects of the design,
construction, or operation of the proposed site and related facility.
(g) Upon receipt of an application, the commission shall cause a
summary of the application to be published in a newspaper of general
circulation in the county in which the site and related facilities,
or any part thereof, designated in the application, is proposed to be
located. The commission shall transmit a copy of the application to
each federal and state agency having jurisdiction or special
interest in matters pertinent to the proposed site and related
facilities and to the Attorney General.
(h) The adviser shall require that adequate notice is given to the
public and that the procedures specified by this division are
complied with.
(i) For any proposed site and related facility requiring a
certificate of public convenience and necessity, the commission shall
transmit a copy of the application to the Public Utilities
Commission and request the comments and recommendations of the Public
Utilities Commission on the economic, financial, rate, system
reliability, and service implications of the proposed site and
related facility. In the event the commission requires modification
of the proposed facility, the commission shall consult with the
Public Utilities Commission regarding the economic, financial, rate,
system reliability, and service implications of such modifications.
(j) The commission shall transmit a copy of the application to any
governmental agency not specifically mentioned in this act, but
which that it finds has any information
or interest in the proposed site and related facilities, and shall
invite the comments and recommendations of each such agency. The
commission shall request any relevant laws, ordinances, or
regulations which any such agency has promulgated or administered.
(k) An application for certification of any site and related
facilities shall contain a listing of every federal agency from which
any approval or authorization concerning the proposed site is
required, specifying the approvals or authorizations obtained at the
time of the application and the schedule for obtaining any approvals
or authorizations pending.
SEC. 29. Section 25520 of the Public Resources Code is amended to
read:
25520. The application shall contain all of the following
information and any other information that the commission by
regulation may require:
(a) A detailed description of the design, construction, and
operation of the proposed facility.
(b) Safety and reliability information, including , in
addition to documentation previously provided pursuant to Section
25511, planned provisions for emergency operations and
shutdowns.
(c) Available site information, including maps and descriptions of
present and proposed development and, as appropriate, geological,
aesthetic, ecological, seismic, water supply, population, and load
center data, and justification for the particular site proposed.
(d) Any other information relating to the design, operation, and
siting of the facility that the commission may specify.
(e) A statement of need providing information showing
compatibility of the proposed facility with the most recent
electricity report issued by the commission pursuant to Sections
25305 to 25308, inclusive, or, where applicable, information
pertinent to Section 25523.5 regarding the conformity of a
competitive solicitation for new generation resources with the
integrated assessment of need for new resource additions determined
pursuant to subdivisions (a) to (f), inclusive, of Section 25305 and
adopted pursuant to Section 25308, and in effect at the time that the
competitive solicitation for new generation resources, as described
in subdivision (f) of Section 25523, was developed.
(f) A description of the facility, the cost of the
facility, the fuel to be used, the source of fuel, fuel cost, plant
service life and capacity factor, and generating cost per kilowatt
hour.
(g)
(f) A description of any electric transmission lines,
including the estimated cost of the proposed electric transmission
line; a map in suitable scale of the proposed routing showing details
of the rights-of-way in the vicinity of settled areas, parks,
recreational areas, and scenic areas, and existing transmission lines
within one mile of the proposed route; justification for the route,
and a preliminary description of the effect of the proposed electric
transmission line on the environment, ecology, and scenic, historic,
and recreational values.
SEC. 30. Section 25520.5 of the Public Resources Code is amended
to read:
25520.5. (a) In reviewing an application for an additional
facility at a potential multiple-facility site, the commission shall
undertake a reconsideration of its prior determinations in
the final report on the notice for the site issued pursuant to
Section 25514, based on consider and evaluate
current conditions and other reasonable and feasible alternatives to
the proposed facility.
(b) Within 180 days of the filing of the application for an
additional facility at a potential multiple-facility site and after
adequate public hearings, the commission shall issue its decision on
the acceptability of the proposed facility based on the
reconsideration specified in review conducted pursuant
to subdivision (a) of this section .
A negative determination shall be the final
The decision of the commission on the application shall be
final, and subject to judicial review pursuant to Section
25531. An affirmative determination shall not be a final
decision of the commission on the application.
(c) The decision of the commission on an application for an
additional facility at a potential multiple-facility site receiving a
favorable determination pursuant to subdivision (b) of this
section shall be issued within 24 months after the filing
of the application or at such later time as is mutually agreed upon
by the commission and the applicant.
SEC. 31. Section 25522 of the Public Resources Code is amended to
read:
25522. (a) Except as provided in subdivision (c) of Section
25520.5, within 18 months of the filing of an application for
certification , or within 12 months if it is filed within
one year of the commission's approval of the notice of intent,
or at any later time as is mutually agreed by the
commission and the applicant, the commission shall issue a written
decision as to the application.
(b) The commission shall determine, within 45 days after it
receives the application, whether the application is complete. If
the commission determines that the application is complete, the
application shall be deemed filed for purposes of this section on the
date that this determination is made. If the commission determines
that the application is incomplete, the commission shall specify in
writing those parts of the application which
that are incomplete and shall indicate the manner in which it
can be made complete. If the applicant submits additional data to
complete the application, the commission shall determine, within 30
days after receipt of that data, whether the data is sufficient to
make the application complete. The application shall be deemed filed
on the date when the commission determines the application is
complete if the commission has adopted regulations specifying the
informational requirements for a complete application, but if the
commission has not adopted regulations, the application shall be
deemed filed on the last date the commission receives any additional
data that completes the application.
SEC. 32. Section 25524.5 of the Public Resources Code is amended
to read:
25524.5. The commission shall not certify any facility
which that adds generating capacity to a
potential multiple-facility site in excess of the maximum allowable
capacity established by the commission pursuant to Section
25516.5, unless the commission finds that exceeding the
maximum allowable capacity will not increase adverse environmental
impacts or create technological, seismic, or other difficulties
beyond those already found acceptable in the commission's
findings on the notice for that site pursuant to Sections 25516 and
25516.5 by the commission .
SEC. 33. Section 25528 of the Public Resources Code is amended to
read:
25528. (a) The commission shall require, as a condition of
certification of any site and related facility, that the applicant
acquire, by grant or contract, the right to prohibit development of
privately owned lands in the area of the proposed site which
that will result in population densities in
excess of the maximum population densities which
that the commission determines , as to the
factors considered by the commission pursuant to Section 25511,
are necessary to protect public health and safety.
If the applicant is authorized to exercise the right of eminent
domain under Article 7 (commencing with Section 610) of Chapter 3 of
Part 1 of Division 1 of the Public Utilities Code, the applicant may
exercise the right of eminent domain to acquire such development
rights as the commission requires be acquired.
(b) In the case of an application for a nuclear facility, the area
and population density necessary to insure
ensure the public's health and safety designated by the
commission shall be that as determined from time to time by the
United States Nuclear Regulatory Commission, if the commission finds
that such determination is sufficiently definitive for valid land use
planning requirements.
(c) The commission shall waive the requirements of the acquisition
of development rights by an applicant to the extent that the
commission finds that existing governmental land use restrictions are
of a type necessary and sufficient to guarantee the maintenance of
population levels and land use development over the lifetime of the
facility which that will
insure ensure the public health and safety
requirements set pursuant to this section.
(d) No change in governmental land use restrictions in such areas
designated in subdivision (c) of this section by
any government agency shall be effective until approved by the
commission. Such approval shall certify that the change in land use
restrictions is not in conflict with requirements provided for by
this section.
(e) It is not the intent of the Legislature by the enactment of
this section to take private property for public use without payment
of just compensation in violation of the United States Constitution
or the Constitution of California.
SEC. 34. 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 in the same manner as the decisions
of the Public Utilities Commission on the application for a
Certificate of Public Convenience and Necessity for the same site and
related facility.
(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. 35. Section 25540 of the Public Resources Code is amended to
read:
25540. If a person proposes to construct a geothermal
powerplant and related facility or facilities on a site, the
commission shall not require three alternative sites and related
facilities to be proposed in the notice. Except as otherwise
provided, the commission shall issue its findings on the notice, as
specified in Section 25514, within nine months from the date of
filing of such notice, and The commission shall
issue its final decision on the application, as specified in Section
25523, within nine months from the date of the filing of the
application for certification, or at such later time as is mutually
agreed to by the commission and the applicant or person submitting
the notice or application.
SEC. 36. Section 25540.1 of the Public Resources Code is amended
to read:
25540.1. The commission shall determine, within 30 days after the
receipt of a notice or an
application for a geothermal powerplant, whether the
notice or application is complete. If the notice
or application is determined not to be complete, the
commission's determination shall specify, in writing, those parts of
the notice or application which
that are incomplete and shall indicate the manner in
which it can be made complete. Within 30 days after receipt of the
applicant's filing with the commission the additional information
requested by the commission to make the notice or
application complete, the commission shall determine whether the
subsequent filing is sufficient to complete the notice or
application. A notice or An
application shall be deemed filed for purposes of Section 25540 on
the date the commission determines the notice or
application is completed if the commission has adopted regulations
specifying the informational requirements for a complete
notice or application, but if the commission has not
adopted regulations, the notice or application
shall be deemed filed on the last date the commission receives any
additional data that completes the notice or
application.
SEC. 37. Section 25540.4 of the Public Resources Code is amended
to read:
25540.4. Notwithstanding any other provision of law:
(a) The decision of the commission on an application for an
additional facility at a potential multiple facility site shall be
issued within three months after the acceptance of the application or
at such later time as is mutually agreed upon by the commission and
the applicant.
(b) In reviewing an application for an additional facility at a
potential multiple facility site, the commission may, upon a showing
of good cause, undertake a reconsideration of its prior
determinations in the final report for the site pursuant to Section
25514 or its decision pursuant to Section 25523 based on
current conditions and other reasonable alternatives to the proposed
facility. Such reconsideration must be completed within seven months
after acceptance of such application for an additional facility.
(c) The commission shall, pursuant to Section 21100.2, provide by
resolution or order for completing and certifying the environmental
impact report within the time limits established by subdivisions (a)
and (b).
SEC. 38. Section 30413 of the Public Resources Code is amended to
read:
30413. (a) In addition to the provisions set forth in
subdivision (f) of Section 30241, and in
Sections 25302, 25500, 25507, 25508, 25510, 25514, 25516.1,
25523, and 25526, the provisions of
this section shall apply applies to the
commission and the State Energy Resources Conservation and
Development Commission with respect to matters within the statutory
responsibility of the latter.
(b) The commission shall, prior to January 1, 1978,
and after one or more public hearings,
designate those specific locations within the coastal zone where the
location of a facility , as defined in Section 25110
, would prevent the achievement of the objectives of this
division; provided, however, that specific locations that are
presently used for such facilities and reasonable expansion thereof
shall not be so designated. Each such designation shall include a
description of the boundaries of those locations, the objectives of
this division which that would be so
affected, and detailed findings
concerning the significant adverse impacts that would result from
development of a facility in the designated area. The commission
shall consider the conclusions, if any, reached by the State Energy
Resources Conservation and Development Commission in its most
recently promulgated comprehensive report issued pursuant to Section
25309. The commission shall transmit a copy of its report prepared
pursuant to this subdivision to the State Energy Resources
Conservation and Development Commission.
(c) The commission, after it completes its initial
designations in 1978, shall, prior to January 1, 1980, and once every
two years thereafter until January 1, 1990, revise and update the
designations specified in subdivision (b). After January 1,
1990, the commission shall revise and update those
its designations not less than once every five
years. Those revisions shall be effective on January 1, 1980, or on
January 1 of the year following adoption of the revisions.
The provisions of subdivision (b) shall not apply to any sites and
related facilities specified in any notice of intention to file an
application for certification filed with the State Energy Resources
Conservation and Development Commission pursuant to Section 25502
prior to designation of additional locations made by the commission
pursuant to this subdivision.
(d) Whenever the State Energy Resources Conservation and
Development Commission exercises its siting authority and undertakes
proceedings pursuant to the provisions of
Chapter 6 (commencing with Section 25500) of Division 15
with respect to any thermal powerplant or transmission line to be
located, in whole or in part, within the coastal zone, the commission
shall participate in those proceedings and shall receive from the
State Energy Resources Conservation and Development Commission any
notice of intention to file an application for
certification of a site and related facilities within the coastal
zone. The commission shall analyze each notice of intention
and shall, prior to completion of the preliminary report required by
Section 25510, forward to the State Energy Resources Conservation
and Development Commission a written report on the suitability of the
proposed site and related facilities specified in that notice.
The commission's report shall contain a
consideration of, and findings regarding, all of the following:
(1) The compatibility of the proposed site and related facilities
with the goal of protecting coastal resources.
(2) The degree to which the proposed site and related facilities
would conflict with other existing or planned coastal-dependent land
uses at or near the site.
(3) The potential adverse effects that the proposed site and
related facilities would have on aesthetic values.
(4) The potential adverse environmental effects on fish and
wildlife and their habitats.
(5) The conformance of the proposed site and related facilities
with certified local coastal programs in those jurisdictions which
would be affected by any such development.
(6) The degree to which the proposed site and related facilities
could reasonably be modified so as to mitigate potential adverse
effects on coastal resources, minimize conflict with existing or
planned coastal-dependent uses at or near the site, and promote the
policies of this division.
(7) Such other matters as the commission deems appropriate and
necessary to carry out this division.
(e) The commission may , at its discretion,
participate fully in other proceedings conducted by the State Energy
Resources Conservation and Development Commission pursuant to its
powerplant siting authority. In the event the commission
participates in any public hearings held by the State Energy
Resources Conservation and Development Commission, it shall be
afforded full opportunity to present evidence and examine and
cross-examine witnesses.
(f) The State Energy Resources Conservation and Development
Commission shall forward a copy of all reports it distributes
pursuant to Sections 25302 and 25306 to the commission and the
commission shall, with respect to any report that relates to the
coastal zone or coastal zone resources, comment on those reports, and
shall in its comments include a discussion of the desirability of
particular areas within the coastal zone as designated in such
reports for potential powerplant development. The commission may
propose alternate areas for powerplant development within the coastal
zone and shall provide detailed findings to support the suggested
alternatives.