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AB-31 Energy.(2001-2002)

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AB31:v89#DOCUMENT

Assembly Bill No. 31
CHAPTER 13

An act to amend Section 4241 of the Government Code, and to add and repeal Sections 42317 and 42359.6 of the Health and Safety Code, relating to energy, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  May 25, 2001. Approved by Governor  May 24, 2001. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 31, Wright. Energy.
(1) Existing law appropriates funds to the Department of General Services to be expended for state energy projects, as defined, on state buildings or facilities, or buildings or facilities owned or operated by community colleges.
This bill would authorize those funds to also be expended for state energy projects in buildings or facilities owned or operated by any public postsecondary educational institution, thereby making an appropriation.
(2) Existing law authorizes any person to petition the hearing board of an air pollution control district or air quality management district for a variance from the rules, regulations, or orders of the district. Existing law also allows the chair of a district hearing board, or any member designated by the chair, to issue an emergency variance without notice and hearing, for good cause, including for a breakdown condition.
Existing law authorizes every district board to establish a permit system that requires a person to obtain a permit to build, erect, alter, replace, operate, or use any article, machine, equipment, or other contrivance that may cause the issuance of air contaminants, before doing any of these things.
This bill, until January 1, 2003, would provide that a breakdown condition includes the startup or shutdown of a facility enrolled on or before January 1, 2001, in a specified interruptible program contract, that has complied with applicable startup and shutdown procedures, or a failure to operate air emission control equipment, if either condition is caused by a power interruption or curtailment initiated by the Independent System Operator, a public utility electrical corporation, or local publicly owned electric utility, as defined, and feasible measures that could have been reasonably implemented to minimize emissions during startup and shutdown were implemented. To the extent this requirement would broaden the scope of breakdown conditions, thereby requiring the chair of the district hearing board, or the designee of the chair, to make additional determinations regarding the issuance of emergency variances, this bill would impose a state-mandated local program.
The bill, until January 1, 2003, would require a district, notwithstanding any permit conditions to the contrary, to authorize, subject to specified conditions, a permitted stationary source to operate its emergency electrical power generating equipment during any period of an involuntary power service interruption, as defined, if necessary to prevent damage to its equipment or to complete the process of products that would be irreparably damaged or destroyed as a result of the involuntary electrical power service interruption. The bill would require each district, within 14 days of the effective date of this bill, to create an emergency authorization form for each applicant to certify in writing its agreement to comply with specified provisions. The bill would require each completed emergency authorization form under these provisions to be approved or denied by the district not later than 5 working days from the date of its submittal, to the extent not inconsistent with other state or federal notice requirements. Because a violation of these requirements or standards are crimes, this bill would impose a state-mandated local program.
(3) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(4) This bill would declare that it is to take effect immediately as an urgency statute.
Appropriation: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4241 of the Government Code is amended to read:

4241.
 As used in this chapter, and as used in Section 5 of the act adding this chapter, “state energy project” means equipment, load management techniques, and other measures or services that reduce energy consumption and provide for more efficient use of energy in state buildings or facilities, or buildings or facilities owned or operated by any public postsecondary educational institution.

SEC. 2.

 Section 42317 is added to the Health and Safety Code, to read:

42317.
 (a) Notwithstanding any permit conditions to the contrary, and subject to the conditions established pursuant to subdivision (b), a district shall authorize a permitted stationary source to operate its emergency electrical power generating equipment during any period of an involuntary power service interruption, solely to the extent it is necessary for one or both of the following purposes:
(1) To prevent damage to its equipment.
(2) To complete the processing of products that would be irreparably damaged or destroyed as a direct result of an involuntary electrical power service interruption.
(b) Any authorization granted by a district pursuant to subdivision (a) shall be subject to all of the following conditions:
(1) The emergency electrical power generating equipment may not be used to begin a new process or to process additional products.
(2) The emergency electrical power generating equipment may be used only for the period of time the condition described under paragraph (1) or (2) of subdivision (a) exists.
(3) The stationary source shall continue to operate any pollution control equipment associated with the source and with its emergency electrical power generating equipment during the period of time the condition described under paragraph (1) or (2) of subdivision (a) exists.
(4) To the extent the stationary sources’ emergency electrical power generating equipment uses diesel generation, low-sulfur diesel fuel or a fuel that has been verified by the State Air Resources Board to materially reduce emissions of oxides of nitrogen (NOx) and particulate matter (PM) shall be used to the extent that it is available.
(5) The stationary source, and its emergency electrical power generating equipment, is otherwise in compliance with all applicable district rules and regulations and all applicable regulations adopted by the state board, including, but not limited to, requirements for the use of the best available control technology, or hourly limits of operation established by the district.
(6) The stationary source provides all information required in the district emergency authorization form.
(c) (1) Each district shall, not later than 14 days from the effective date of this section, create a simple emergency authorization form of not more than two pages in length in which an applicant shall certify in writing its agreement to comply with subdivision (b) and give the reasons why it believes the operation of its emergency electrical power generating equipment during any period of an involuntary power service interruption will meet the conditions of subdivision (a).
(2) A completed emergency authorization form for authorization under subdivision (a) shall be approved or denied by the district not later than five working days from the date of its submittal, to the extent not inconsistent with other state or federal notice requirements. If authorization is denied, the specific grounds for its denial shall be clearly stated.
(d) An authorization under subdivision (a) may only be approved for a stationary source enrolled on or before January 1, 2001, in an interruptible program contract, as described in Section 743.1 of the Public Utilities Code.
(e) For purposes of this section, “involuntary electrical power service interruption” means a power interruption or curtailment of a permitted stationary source pursuant to an interruptible program contract, as described in Section 743.1 of the Public Utilities Code.
(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.

SEC. 3.

 Section 42359.6 is added to the Health and Safety Code, to read:

42359.6.
 (a) For purposes of Section 42359.5, a breakdown condition includes the startup or shutdown of a facility, enrolled on or before January 1, 2001, in an interruptible program contract, as described in Section 743.1 of the Public Utilities Code, that has complied with applicable startup and shutdown procedures, or a failure to operate air emission control equipment, if either condition is caused by a power interruption or curtailment initiated by the Independent System Operator, a public utility electrical corporation, or a local publicly owned electric utility, as defined in Section 9604 of the Public Utilities Code and feasible measures that could have been reasonably implemented to minimize emissions during startup and shutdown were implemented.
(b) 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.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard 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 XIII B of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains other 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. 5.

 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 power and energy available in the state and rapid and substantial increases in wholesale energy costs and retail energy rates, that endanger the health, welfare, and safety of the people of this state, and to encourage programs that encourage curtailments at the earliest possible time, it is necessary for this act to take effect immediately.