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SB-465 San Onofre Nuclear Generating Station: emergency planning funding.(2019-2020)

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Date Published: 03/25/2019 09:00 PM
SB465:v98#DOCUMENT

Amended  IN  Senate  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 465


Introduced by Senator Bates

February 21, 2019


An act to amend Section 712.7 of the Public Utilities Code, relating to electricity. An act to add Section 8610.6 to the Government Code, relating to electricity.


LEGISLATIVE COUNSEL'S DIGEST


SB 465, as amended, Bates. Diablo Canyon nuclear powerplant. San Onofre Nuclear Generating Station: emergency planning funding.
The Radiation Protection Act of 1999 requires local governments to develop and maintain radiological emergency preparedness and response plans to safeguard the public in the emergency planning zone around a nuclear powerplant. The California Emergency Services Act requires local costs to carry out activities under the Radiation Protection Act of 1999 that are not reimbursed by federal funds to be borne by an electrical corporation operating a nuclear powerplant with a generating capacity of 50 or more megawatts. The California Emergency Services Act requires each local government to submit to the Office of Emergency Services a statement of its costs in carrying out those activities. Existing law requires an electrical corporation, upon notification by the office of the amount of its share of the actual or anticipated local agency costs, to pay that amount to the Controller for deposit in the Nuclear Planning Assessment Special Account. The California Emergency Service Act requires the Controller, upon appropriation by the Legislature, to reimburse local governments for those costs. Existing law, until July 1, 2019, set the maximum annual amount available for disbursement for local costs at $1,600,000 for the San Onofre Nuclear Generating Station site.
This bill would require the office and the controller to ensure that local governments receive continued funding for costs incurred by them in carrying out activities for the safety and welfare of the communities surrounding the San Onofre Nuclear Generating Station.
This bill would make legislative findings and declarations as to the necessity of a special statute for the San Onofre Nuclear Generation Station.

Existing law requires the Public Utilities Commission to cause an assessment to be completed by no later than July 1, 2018, conducted by an independent third party, selected as specified, of the adverse and beneficial economic impacts and net economic effects that could occur, and of potential ways for the state and local jurisdictions to mitigate the adverse economic impact, if the Diablo Canyon Units 1 and 2 powerplant were to temporarily or permanently shut down before the powerplant’s current operating licenses expire or when Pacific Gas and Electric Company (PG&E) closes the powerplant upon the expiration of its current licenses. PG&E, under existing law, is undergoing the process of decommissioning the Diablo Canyon Units 1 and 2 powerplant to permanently shut down the powerplant before its operating licenses expire.

Existing law requires the commission to approve full funding for the community impact mitigation settlement, and for the employee retention program, proposed by PG&E in a specified application submitted to the commission related to the decommissioning of the Diablo Canyon nuclear powerplant. Existing law requires the commission to ensure that integrated resource plans avoid an increase in emissions of greenhouse gases as a result of the retirement of the powerplant.

This bill would make nonsubstantive changes to the provisions related to the funding of the mitigation settlement and retention program and to the integrated resource plans.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares the following:
(1) The San Onofre Nuclear Generating Station (SONGS) operated by Southern California Edison announced on June 7, 2013, the decommissioning of Units 2 and 3 after the failure of the replacement steam generators.
(2) With the decommissioning of SONGS, the local offsite emergency response organizations are left with a gap in funding and the need for continued emergency response planning for a response to an emergency at SONGS.
(3) If it were not for the existence of SONGS, local emergency response organizations would not be required to undertake planning to address the unique challenges in responding to emergencies occurring at SONGS.
(4) The local governmental agencies near SONGS acknowledge their responsibility to the residents of the two counties and three cities that could potentially be affected by an emergency at SONGS to continue planning for responding to emergencies at SONGS.
(b) It is the intent of the Legislature to ensure both of the following:
(1) The continued funding of offsite emergency response organizations for planning, training, and exercises related to responding to emergencies at SONGS.
(2) The continued coordination, information sharing, and partnership between Southern California Edison and local governmental agencies as SONGS continues to move through the decommissioning process and as the movement of spent fuel into an independent spent fuel storage installation pad progresses.

SEC. 2.

 Section 8610.6 is added to the Government Code, to read:

8610.6.
 The office and the Controller shall ensure that local governments receive continued funding for costs incurred by them in carrying out activities for the safety and welfare of the communities surrounding the San Onofre Nuclear Generating Station pursuant to Section 8610.5 of this code and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code that are not reimbursed by federal funds.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances involving the San Onofre Nuclear Generation Station.
SECTION 1.Section 712.7 of the Public Utilities Code is amended to read:
712.7.

(a)The commission shall approve both of the following:

(1)Full funding for the community impact mitigation settlement proposed in Application 16-08-006.

(2)Full funding for the employee retention program proposed in Application 16-08-006.

(b)The commission shall ensure that integrated resource plans are designed to avoid an increase in emissions of greenhouse gases as a result of the retirement of the Diablo Canyon Units 1 and 2 powerplant.

(c)The commission shall establish an expedited advice letter process for the approval and implementation pursuant to subdivision (a) of the community impact mitigation settlement and the employee retention program.