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SB-1099 Emergency backup generators: critical facilities: order for abatement: stipulations.(2019-2020)

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Date Published: 06/02/2020 09:00 PM
SB1099:v98#DOCUMENT

Amended  IN  Senate  June 02, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1099


Introduced by Senator Dodd Senators Dodd and Glazer
(Coauthor: Senator Moorlach)

February 19, 2020


An act to add Article 9.5 (commencing with Section 42010) to Chapter 3 of Part 4 of Division 26 of Section 42451.1 to the Health and Safety Code, relating to nonvehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


SB 1099, as amended, Dodd. Emergency backup generators: critical facilities: exemption. order for abatement: stipulations.
Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the State Air Resources Board to identify toxic air contaminants that are emitted into the ambient air of the state and to establish airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources.

This bill, consistent with federal law, would require air districts to adopt a rule, or revise its existing rules, to allow critical facilities with a permitted emergency backup generator to use that emergency backup generator during a deenergization event or other loss of power, and to test and maintain that emergency backup generator, as specified, without having that usage, testing, or maintenance count toward that emergency backup generator’s time limitation on actual usage and routine testing and maintenance. The bill would prohibit air districts from imposing a fee on the issuance or renewal of a permit issued for those critical facility emergency backup generators. By requiring air districts to adopt a new permitting program for those critical facility emergency backup generators, the bill would impose a state-mandated local program. The bill also would define certain terms for purposes of these provisions.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law establishes one or more hearing boards with a specified membership in each air district for the purposes of performing specified functions, including issuing orders for abatement, after notice and a hearing, whenever the hearing boards find that any person is constructing or operating any article, machine, equipment, or other contrivance without a permit or is in violation of specified laws or of any order, rule, or regulation prohibiting or limiting the discharge of air contaminants into the air.
This bill would require, either commencing January 1, 2022, or 12 months after the adoption of a specified rule on emergency backup generators, the air pollution control officer to develop stipulations, as specified, and conditions, as specified, for an order for abatement that allows the operator of a critical facility, as defined, to use a permitted emergency backup generator, as defined, in exceedance of that permit’s runtime and testing and maintenance limits if specified conditions are met. The bill would require the stipulations to be in effect for not more than 5 years or the length of time agreed upon for the replacement of the emergency backup generator in the conditions. The bill would specify that the stipulations are subject to the approval of the hearing board when the order for abatement is being considered. By adding to the duties of air districts, the bill would impose a state-mandated local program.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Catastrophic wildfires and other natural disasters are increasing in frequency and intensity due to climate change and other factors.
(b) Wildfires dramatically increase carbon emissions and work against the state’s goals to reduce greenhouse gas emissions and achieve a carbon-neutral future.
(c) Wildfires and other natural disasters also can cause significant impacts and a threat to the state’s water and wastewater facilities, which are critical to ensuring a safe and reliable water supply for people, businesses, agriculture, and the environment.
(d) To help mitigate the risks of wildfires, investor-owned utilities have initiated public safety power shutoffs to deenergize parts of their distribution systems, and, in some cases, portions of the transmission system, actions that reduce or eliminate access to a reliable power supply for the state’s water agencies as they count on a reliable source of electricity to move and deliver water.
(e) Actions need to be taken to reduce the impacts of deenergization wildfires, wildfires and other events on critical facilities, including increasing access to alternative power sources that can help support a safe and reliable water supply and maintain the state’s ability to effectively respond to wildfires.
SEC. 2.Article 9.5 (commencing with Section 42010) is added to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, to read:
9.5.Emergency Backup Generators
42010.

For purposes of this article, the following terms apply:

(a)“Critical facility” means a facility necessary or convenient in providing essential public services, including, but not limited to, facilities such as police stations, fire stations, emergency operations centers, water and wastewater facilities, incident command posts, and communication systems used to support essential public services.

(b)“Deenergization event” means the interruption of power due to a public safety power shutoff.

(c)“Emergency backup generator” means an internal combustion engine greater than 50 brake horsepower and gas turbines greater than 2,975,000 British thermal units per hour for nonutility power generation that does not operate more than 200 hours per year and is only operated in the event of an emergency power failure or for routine testing and maintenance.

(d)“Loss of power” means a failure in an electric generation, distribution, and transmission system or a disruption to electrical power from an electricity provider due to an emergency event, including a wildfire.

(e)“Public safety power shutoff” means a preventative measure to deenergize all, or a portion of, an electric generation, distribution, or transmission system when the electricity provider reasonably believes there is an imminent and significant risk that strong winds, or other extreme and potentially dangerous weather events, increase the probability of a wildfire.

(f)“Water and wastewater facilities” includes drinking water and wastewater treatment plants, pumping stations, storage facilities, and water facilities needed to maintain water service and the water pressure necessary for firefighting.

42012.

(a)Consistent with federal law, a district shall adopt a rule, or revise its existing rules, to allow critical facilities with a permitted emergency backup generator to do any of the following with that emergency backup generator without having it count toward that permitted emergency backup generator’s time limitation on actual usage and routine testing and maintenance:

(1)Use the emergency backup generator during a deenergization event or other loss of power.

(2)Test or maintain the emergency backup generator for consistency with any of the following:

(A)The National Fire Protection Association Standard 110 for Emergency and Standby Power Systems, or its successor.

(B)Industry best practices

(C)Recommendations by the manufacturer of the emergency backup generator.

(b)A district shall not impose a fee on the issuance or renewal of a permit issued for an emergency backup generator described in subdivision (a).

SEC. 3.

If the Commission on State Mandates determines that this act contains 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.

SEC. 2.

 Section 42451.1 is added to the Health and Safety Code, to read:

42451.1.
 (a) For purposes of this section, the following terms have the following meanings:
(1) “Critical facility” means a facility necessary in providing essential public services, including, but not limited to, facilities such as hospitals, police stations, fire stations, emergency operations centers, water and wastewater facilities, incident command posts, and communication systems used to support essential public services.
(2) “Deenergization event” means the interruption of power due to a public safety power shutoff.
(3) “Emergency backup generator” means an internal combustion engine greater than 50 brake horsepower and gas turbines greater than 2,975,000 British thermal units per hour for nonutility power generation that does not operate more than 200 hours per year and is only operated in the event of an emergency power failure or for routine testing and maintenance.
(4) “Loss of power” means a failure in an electric generation, distribution, and transmission system or a disruption to electrical power from an electricity provider due to an emergency event, including a wildfire.
(5) “Public safety power shutoff” means a preventative measure to deenergize all, or a portion of, an electric generation, distribution, or transmission system when the electricity provider reasonably believes there is an imminent and significant risk that strong winds, or other extreme and potentially dangerous weather events, increase the probability of a wildfire.
(6) “Water and wastewater facilities” includes drinking water and wastewater treatment plants, pumping stations, storage facilities, and water facilities needed to maintain water service and the water pressure necessary for firefighting.
(b) (1) Commencing January 1, 2022, an air pollution control officer shall develop stipulations for an order for abatement issued pursuant to subdivision (b) of Section 42451 that allows the operator of a critical facility to use a permitted emergency backup generator in exceedance of that permit’s runtime and testing and maintenance limits if both of the following are met:
(A) The operation of the emergency backup generator occurs as the result of a deenergization event or other loss of power.
(B) The testing and maintenance for that emergency backup generator is in accordance with the National Fire Protection Association Standard 110 for Emergency and Standby Power Systems.
(2) Commencing 12 months after the adoption of a district rule on emergency backup generators on or after January 1, 2021, that limits the hours of operation of that emergency backup generator during a deenergization event, an air pollution control officer shall develop stipulations for an order for abatement that allows the operator of a critical facility to use a permitted emergency backup generator in exceedance of that permit’s runtime and testing and maintenance limits if both of the following are met:
(A) The operation of the emergency backup generator occurs as the result of a deenergization event or other loss of power.
(B) The testing and maintenance for that emergency backup generator is in accordance with the National Fire Protection Association Standard 110 for Emergency and Standby Power Systems.
(c) In accordance with the stipulations developed pursuant to subdivision (b), the operator of a critical facility shall be subject to the conditions negotiated with the district, including, but not limited to, both of the following:
(1) (A) A schedule for the replacement of the Tier 1 or lower emergency backup generator with the cleanest, feasible, and applicable technology.
(B) The replacement schedule shall be technically and economically feasible and consider the useful life of the emergency backup generator.
(2) Reporting requirements after a deenergization event or testing and maintenance that results in an exceedance of the permit’s operational limit.
(d) The stipulations developed pursuant to subdivision (b) shall not be in effect for more than five years or the length of time agreed upon for the replacement of the emergency backup generator.
(e) The stipulations developed pursuant to subdivision (b) shall be subject to the approval of the hearing board when the order for abatement is being considered pursuant to Section 42451.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.