BILL NUMBER: SB 1298 CHAPTERED
BILL TEXT
CHAPTER 741
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2000
APPROVED BY GOVERNOR SEPTEMBER 25, 2000
PASSED THE SENATE AUGUST 31, 2000
PASSED THE ASSEMBLY AUGUST 29, 2000
AMENDED IN ASSEMBLY AUGUST 25, 2000
AMENDED IN ASSEMBLY AUGUST 18, 2000
AMENDED IN ASSEMBLY AUGUST 7, 2000
AMENDED IN ASSEMBLY JUNE 26, 2000
AMENDED IN SENATE MAY 28, 1999
AMENDED IN SENATE APRIL 5, 1999
INTRODUCED BY Senators Bowen and Peace
MARCH 1, 1999
An act to add Sections 41514.9 and 41514.10 to the Health and
Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 1298, Bowen. Air emissions: distributed generation.
(1) Existing law requires the State Air Resources Board to
consider and adopt specified findings before adopting rules or
regulations that would affect the operation of existing powerplants.
Under existing law, except as specified, any person who violates any
statute, rule, regulation, permit, or order of the state board or of
an air pollution control strict or an air quality management
district relating to air quality, as provided, is guilty of a
misdemeanor and is subject to a fine, imprisonment, or both.
This bill would require the state board, on or before January 1,
2003, to adopt a certification program and uniform emission standards
for electrical generation that are exempt from district permitting
requirements, and would require that those standards reflect the best
performance achieved in practice by existing electrical generation
technologies.
The bill would require the state board, on or before January 3,
2003, to issue guidance to districts on the permitting or
certification of electrical generation technologies under their
regulatory jurisdiction, as prescribed.
Since a violation of the regulations adopted pursuant to the bill
would be a crime, the bill would impose a state-mandated local
program.
(2) 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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Distributed generation can contribute to helping California
meet the energy requirements of its citizens and businesses.
(b) Certain distributed generation technologies can create
significant air emissions.
(c) A clear set of rules and regulations regarding the air quality
impacts of distributed generation will facilitate the deployment of
distributed generation.
(d) The absence of clear rules and regulations creates uncertainty
that may hinder the deployment of distributed generation.
(e) It is in the public interest to encourage the deployment of
distributed generation technology in a way that has a positive effect
on air quality.
(f) It is the intent of the Legislature to create a streamlined
and seamless regulatory program, whereby each distributed generation
unit is either certified by the State Air Resources Board for use or
subject to the permitting authority of a district.
SEC. 2. Section 41514.9 is added to the Health and Safety Code, to
read:
41514.9. (a) On or before January 1, 2003, the state board shall
adopt a certification program and uniform emission standards for
electrical generation technologies that are exempt from district
permitting requirements.
(b) The emission standards for electrical generation technologies
shall reflect the best performance achieved in practice by existing
electrical generation technologies for the electrical generation
technologies referenced in subdivision (a) and, by the earliest
practicable date, shall be made equivalent to the level determined by
the state board to be the best available control technology for
permitted central station powerplants in California. The emission
standards for state certified electrical generation technology shall
be expressed in pounds per megawatt hour to reflect the expected
actual emissions per unit of electricity and heat provided to the
consumer from each permitted central powerplant as compared to each
state certified electrical generation technology.
(c) Commencing on January 1, 2003, all electrical generation
technologies shall be certified by the state board or permitted by a
district prior to use or operation in the state. This section does
not preclude a district from establishing more stringent emission
standards for electrical generation technologies than those adopted
by the state board.
(d) The state board may establish a schedule of fees for purposes
of this section to be assessed on persons seeking certification as a
distributed generator. The fees charged, in the aggregate, shall not
exceed the reasonable cost to the state board of administering the
certification program.
(e) As used in this section, the following definitions shall
apply:
(1) "Best available control technology" has the same meaning as
defined in Section 40405.
(2) "Distributed generation" means electric generation located
near the place of use.
SEC. 3. Section 41514.10 is added to the Health and Safety Code,
to read:
41514.10. On or before January 1, 2003, the state board shall
issue guidance to districts on the permitting or certification of
electrical generation technologies under the districts regulatory
jurisdiction. The guidance shall address best available control
technology determinations, as defined by Section 40405, for
electrical generation technologies and, by the earliest practicable
date, shall make those equivalent to the level determined by the
state board to be the best available control technology for permitted
central station powerplants in California. The guidance shall also
address methods for streamlining the permitting and approval of
electrical generation units, including the potential for
precertification of one or more types of electrical generation
technologies.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.