BILL NUMBER: SB 1622	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Alarcon

                        FEBRUARY 22, 2000

   An act to amend Sections 25523 and 25525 of, and to add Sections
25210.5, 25520.6, and 25520.7 to, the Public Resources Code, relating
to energy conservation and development.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1622, as introduced, Alarcon.  State Energy Resources
Conservation and Development Commission:  siting.
   Existing law prohibits the construction of any facility or the
modification of any existing facility without first obtaining
certification for any such site and related facility by the State
Resources Conservation and Development Commission.  Existing law
provides for a procedure to be followed in certifying a facility,
including holding a public hearing on the application, and preparing
a written decision after the public hearing.
   This bill would require the commission to identify and address
disproportionately high and adverse effects on minority populations
and low-income populations that would result from the proposed siting
of the facility.  The bill would also require that applications are
evaluated together if a siting proposal is closely related, as
specified, to any other siting proposal pending or anticipated within
one year.  The bill would require the written decision to include
findings as to whether the siting proposal results in the fair
treatment of people of all races, cultures, and income levels,
including minority populations and low-income populations of the
state, with respect to matters that substantially affect human health
or the environment, and any conditions, modifications, or criteria
proposed for any site and related facility proposal resulting from
these findings and conclusions.
   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 25210.5 is added to the Public Resources Code,
to read:
   25210.5.  The commission shall do all of the following:
   (a) Conduct its programs, policies, and activities that
substantially affect human health or the environment in a manner that
ensures the fair treatment of people of all races, cultures, and
income levels, including minority populations and low-income
populations of the state.
   (b) Promote enforcement of all health and environmental statutes
within its jurisdiction in a manner that ensures the fair treatment
of people of all races, cultures, and income levels, including
minority populations and low-income populations in the state.
   (c) Ensure greater public participation in the commission's
development, adoption, and implementation of environmental
regulations and policies.
   (d) Improve research and data collection for programs within the
commission relating to the health of, and environment of, people of
all races, cultures, and income levels, including minority
populations and low-income populations of the state.
   (e) Identify differential patterns of consumption of natural
resources among people of different socioeconomic classifications for
programs within the commission.
  SEC. 2.  Section 25520.6 is added to the Public Resources Code, to
read:
   25520.6.  The commission shall identify and address, as
appropriate, disproportionately high and adverse human health or
environmental effects on minority populations and low-income
populations that would result from the proposed siting of a facility.

   (a) When determining whether human health effects are
disproportionately high and adverse, the commission shall consider
the following three factors to the extent practicable:
   (1) Whether the health effects, which may be measured in risks and
rates of adverse health impacts, or qualitatively, are significant
or above generally accepted norms.  Adverse health impacts may
include bodily impairment, infirmity, illness, or death.
   (2) Whether the risk, or rate, of exposure to an environmental
hazard by a minority population or low-income population is
significant and exceeds, or is likely to exceed, the risk, or rate,
of exposure of the general population or other appropriate comparison
group.
   (3) Whether health effects occur in a minority population or
low-income population affected by cumulative or multiple adverse
exposures from environmental hazards.
   (b) When determining whether environmental effects are
disproportionately high and adverse, the commission shall consider
the following three factors to the extent practicable:
   (1) Whether there is or will be an impact on the natural or
physical environment that significantly and adversely affects a
minority population or low-income population.  Those effects may
include ecological, cultural, human health, economic, or social
impacts on minority communities or low-income communities when those
impacts are interrelated to impacts on the natural or physical
environment.
   (2) Whether environmental effects are significant and are or may
be having an adverse impact on minority populations or low-income
populations that exceeds or is likely to exceed those on the general
population or other appropriate comparison group.
   (3) Whether the environmental effects occur or would occur in a
minority population or low-income population affected by cumulative
or multiple adverse exposures from environmental hazards.
   (c) For the purposes of this section, the commission shall
identify a "minority population" consistently with the manner in
which federal agencies that provide funding to the commission
identify a "minority population."
   (d) For purposes of this section, the commission shall identify a
"low-income population" consistently with the manner in which federal
agencies that provide funding to the commission identify "low-income
population" and by incorporating the definition of "lower-income
household", as defined in Section 50079.5 of the Health and Safety
Code.
  SEC. 3.  Section 25520.7 is added to the Public Resources Code, to
read:
   25520.7.  If any siting proposal is closely related to any other
siting proposal pending or reasonably anticipated within one year,
the applications shall be evaluated together in a single impact
statement.  Applications are closely related if they:
   (a) Are connected in that they are any of the following:
   (1) Automatically trigger another application that may require
commission review.
   (2) Cannot or will not proceed unless the other application is
evaluated previously or simultaneously.
   (3) Are interdependent parts of a larger action and depend on the
larger action for their justification.
   (b) Are cumulative applications, which, when viewed with other
proposed applications have cumulatively significant impacts and
should therefore be considered at the same time.
   (c) Have similarities that provide a basis for evaluating their
environmental consequences together, such as common timing or
geography, and the best way to assess adequately the combined impacts
of similar applications or reasonable alternatives to such
applications is to review them in a single proceeding.
  SEC. 4.  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)  Findings as to whether the siting proposal results in the
fair treatment of people of all races, cultures, and income levels,
including minority populations and low-income populations of the
state, with respect to matters that substantially affect human health
or the environment, and any conditions, modifications, or criteria
proposed for any site and related facility proposal resulting from
these findings and conclusions.
   (c)  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)  
   (d)  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)  
   (e)  (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 shall 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)  
   (f)  Provision for restoring the site as necessary to protect
the environment, if the commission denies approval of the
application.  
   (f)  
   (g)  In the case of a geothermal site and related facility,
findings on whether there are sufficient commercial quantities of
geothermal resources available to operate the proposed facility for
its planned life.  
   (g)  
   (h)  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.  
   (h)  
   (i)  In the case of a facility, other than a resource
recovery facility subject to subdivision  (g)  
(h)  , 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.
  SEC. 5.  Section 25525 of the Public Resources Code is amended to
read:
   25525.  The commission shall not certify any facility contained in
the application when it finds, pursuant to subdivision  (b)
  (c)  of Section 25523, that the facility does not
conform with any applicable state, local, or regional standards,
ordinances, or laws, unless the commission determines that 
such   the  facility is required for public
convenience and necessity and that there are not more prudent and
feasible means of achieving  such  public
convenience and necessity.  In making the determination, the
commission shall consider the entire record of the proceeding,
including, but not limited to, the impacts of the facility on the
environment, consumer benefits, and electric system reliability.
 In no event shall the   The  commission
 shall not  make any finding in conflict with applicable
federal law or regulation.  The basis for these findings shall be
reduced to writing and submitted as part of the record pursuant to
Section 25523.