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AB-17 Energy: environmental protection.(2001-2002)

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CALIFORNIA LEGISLATURE— 2001–2002 2nd Ext.

Assembly Bill
No. 17


Introduced  by  Assembly Member Rod Pacheco, Bogh
(Coauthor(s): Assembly Member Cogdill, Daucher, La Suer, Zettel)

May 17, 2001


An act to add Sections 21080.12 and 25137 to the Public Resources Code, relating to energy.


LEGISLATIVE COUNSEL'S DIGEST


AB 17, as introduced, Rod Pacheco. Energy: environmental protection.
The existing California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect.
This bill would exempt from the requirements of CEQA any repowering project, as defined, if the project will result in a higher wattage facility that emits fewer air, water, and thermal contaminants and the project has previously completed the environmental review process required by CEQA.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 21080.12 is added to the Public Resources Code, to read:

21080.12.
 (a) This division does not apply to any repowering project that meets both of the following criteria:
(1) Will result in a higher wattage facility that emits fewer air, water, and thermal contaminants.
(2) Has previously completed the environmental review process required by this division.
(b) For purposes of this section, “repowering project” means any project meeting all of the criteria described in Section 25137.

SEC. 2.

 Section 25137 is added to the Public Resources Code, to read:

25137.
 “Repowering project,” as used in this division, means an application for certification filed after January 1, 2002, for a project that meets all of the following criteria:
(a) Is located at the site of an existing thermal powerplant.
(b) Complies with all of the requirements of applicable law.
(c) Utilizes only existing rights-of-way for electric or natural gas transmission lines or facilities.
(d) Maintains the powerplant within its existing boundaries.
(e) Reduces emissions of toxic air pollutants at the site from the average level of emissions from the plant for the five immediately preceding years.
(f) Reduces thermal or other discharges into water resources, from the average level of discharges from the plant for the five immediately preceding years.
(g) Replaces existing generating capacity with generating capacity that has a lower heat rate.
(h) Provides no substantial evidence of new or increased significant environmental impacts, as determined by the commission.