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AB-1776 Energy: nuclear powerplant.(2007-2008)

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AB1776:v98#DOCUMENT

Amended  IN  Assembly  February 19, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 1776

Introduced  by  Assembly Member DeVore
 (Coauthor(s): Assembly Member Maze)
 (Coauthor(s): Senator Aanestad, Battin, Hollingsworth)

January 14, 2008

An act to add Chapter 5.5 (commencing with Section 25450) to Division 15 of, and to repeal Sections 25524.1 and 25524.2 of, the Public Resources Code, relating to energy.


LEGISLATIVE COUNSEL'S DIGEST


AB 1776, as amended, DeVore. Energy: nuclear powerplant.
The Warren-Alquist State Energy Resources Conservation and Development Act prohibits the certification of a new nuclear fission thermal powerplant and land use in the state for a new nuclear fission thermal powerplant, until the State Energy Resources Conservation and Development Commission (Energy Commission) makes a finding regarding the existence of an approved and demonstrated technology or means for the disposal of high-level nuclear waste. The Energy Commission is also required to perform certain other duties with regards to nuclear fission thermal powerplants.
This bill would repeal these prohibitions and would, instead, prohibit the Energy Commission from certifying a site for a nuclear fission thermal powerplant in seismically active areas or a nuclear fission thermal powerplant using a once-through nuclear reactor cooling system with a nuclear coolant outflow that is within 5 miles of a designated coastal area of biological significance or is to a navigable water. The Energy Commission and other state agencies would be required to consider a dry cask storage system method approved by the United States Nuclear Regulatory Commission to be an appropriate method for storing spent nuclear fuel and associated material.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Modern nuclear powerplants emit zero carbon dioxide emissions and nuclear power is the only large scale and reliable electrical energy generating technology that does not directly emit carbon dioxide, which is thought to be a component of global warming or climate change. Building new nuclear powerplants will allow California to comply with the carbon emission mandates while still meeting the state’s growing need for electricity.
(b) More than one-half of California’s electrical power is generated by natural gas, which is imported from other nations and states, and from coal. Natural gas prices are highly sensitive to supply and demand fluctuations, due to the volatile world market conditions, and these. These price fluctuations can harm both consumers and businesses.
(c) Modern, efficient, and safe nuclear power should be considered part of the solution of improving California’s ability to generate reliable, affordable, and clean energy, so as to benefit California’s consumers, the economy, and the environment.
(d) To maximize the safety and minimize environmental impacts of any new commercial nuclear powerplants that may be built in the state, seismically active and biologically sensitive areas should be excluded from site consideration. These exclusions have the additional purpose of protecting ratepayers against construction cost overruns that are frequently incurred when building in seismically active or biologically sensitive areas.

SEC. 2.

 Chapter 5.5 (commencing with Section 25450) is added to Division 15 of the Public Resources Code, to read:
CHAPTER  5.5. Nuclear Power

25450.
 The commission shall not certify a site for a nuclear fission thermal powerplant that has a 10 percent probability or greater in a 50-year period of exceeding a peak acceleration of 30 percent gravity (0.30g) on hard rock, or equivalent acceleration on other soils, as determined by the Probabilistic Seismic Hazard Assessment for the State of California: California Department of Conservation, Division of Mines and Geology Open-File Report 96-08, United States Department of the Interior: United States Geological Survey Open-File Report 96-706, as revised by Documentation for the 2002 Update of the National Seismic Hazard Maps: United States Geological Survey Open-File Report 02-420, or as updated on or after January 1, 2015.

25451.
 To reduce the environmental impact of the warm outflow of nuclear fission thermal powerplant coolant waters, the commission shall not certify a site for a nuclear fission thermal powerplant that uses a once-through nuclear reactor cooling system if the nuclear powerplant coolant outflow of that system meets either of the following criteria:
(a) The outflow is located within five miles of a coastal area of special biological significance, as determined by the State Water Resources Control Board on or before June 1, 2003, pursuant to the California Ocean Plan adopted pursuant to Section 13170.2 of the Water Code, or as updated by the State Water Resources Control Board on or after January 1, 2015.
(b) The outflow is to a navigable water.

25452.
 When certifying a new nuclear fission thermal powerplant pursuant to this division, the commission shall consider a dry cask storage system method approved by the United States Nuclear Regulatory Commission to be an appropriate method for storing spent nuclear fuel and associated material.

25453.
 For purposes of taking an action with regard to approving, reviewing, or issuing a permit or other grant authority to a new nuclear fission thermal powerplant, a state agency shall deem a dry cask storage system method approved by the United States Nuclear Regulatory Commission to be an acceptable method of storing spent nuclear fuel and associated material for up to 100 years.

SEC. 3.

 Section 25524.1 of the Public Resources Code is repealed.

SEC. 4.

 Section 25524.2 of the Public Resources Code is repealed.