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

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Date Published: 06/26/2019 09:00 PM
SB465:v97#DOCUMENT

Amended  IN  Assembly  June 26, 2019
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 add and repeal Section 8610.6 to of the Government Code, and to amend Section 114685 of the Health and Safety Code, relating to electricity.


LEGISLATIVE COUNSEL'S DIGEST


SB 465, as amended, Bates. 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 Services 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. site, as specified.
This bill would would, until the date on which all nuclear waste and radiological fuel have been removed from the San Onofre Site and transported out of the Counties of San Diego and Orange, 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. Station, as specified. The bill would require, by January 1, 2021, and every 3 years thereafter, an audit conducted by an independent entity on those activities.
Existing law requires local jurisdictions within an emergency planning zone to coordinate nuclear power plant emergency response plans and procedures with local governments and to participate in training, drills, and exercises as needed.
This bill would require local jurisdictions to plan for and respond to emergency situations at the San Onofre Nuclear Generating Station; maintain radiological response monitoring teams, alert and warning capabilities, and emergency response plans and procedures; and conduct training, drills, and exercises.
This bill would make legislative findings and declarations as to the necessity of a special statute for the San Onofre Nuclear Generation Station.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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 permanent retirement and decommissioning of Units 2 and 3 after the failure of the replacement steam generators. 3.

(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.

(2) The Office of Emergency Services can no longer charge Southern California Edison for state and local emergency planning and preparedness costs because Southern California Edison is no longer operating SONGS within the meaning of Section 8610.5 of the Government Code.
(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.
(5) The local government agencies that are part of the Interjurisdictional Planning Committee, which coordinates emergency planning for purposes of SONGS, are responsible for responding to all beyond-design-basis events to ensure community health and safety. It is the responsibility of local officials to ensure the safety of community members with regard to radiologic exposure.
(b) It is the intent of the Legislature to ensure both all 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.
(3) Future adjustments in funding for offsite emergency response organizations at the following times, as the level of activity and risk at SONGS continues to decline: first, when all spent nuclear fuel has been transferred to the independent spent fuel storage installation, and second, when all nuclear fuel is removed from the SONGS site.

SEC. 2.

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

8610.6.
 The (a) (1) Subject to subdivision (b), 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 this section 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. Funding for those costs shall be borne by the utility responsible for decommissioning the San Onofre Nuclear Generating Station.
(2) Each local government involved shall submit a statement of its costs specified in paragraph (1) to the office.
(3) Upon notification by the office, from time to time, of the amount of its share of the actual or anticipated local agency costs, the utility shall pay this amount to the Controller for deposit in the Nuclear Planning Assessment Special Account, which is continued in existence, for allocation by the Controller, upon appropriation by the Legislature, to carry out activities pursuant to this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code. The Controller shall pay from this account the local costs relative to carrying out this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code, upon certification of those costs by the office.
(4) Upon appropriation by the Legislature, the Controller may disburse up to 80 percent of a fiscal year allocation from the Nuclear Planning Assessment Special Account, in advance, for anticipated local expenses as certified by the agency pursuant to paragraph (3). The office shall review program expenditures related to the balance of funds in the account and the Controller shall pay the portion, or the entire balance, of the account, based upon those approved expenditures.
(b) On or before January 1, 2021, and every three years thereafter, an audit conducted by an independent entity agreed upon by the utility and local government agencies shall be conducted on the activities for which compensation is provided pursuant to this section. The audit report shall be provided to the utility and the Interjurisdictional Planning Committee.
(c) Until the inoperative date specified in subdivision (e), any unexpended funds available for disbursement for local costs as specified in this section for a specified fiscal year shall be available for one additional fiscal year.
(d) For purposes of this section, the following definitions shall apply:
(1) “Agency” or “office” means the Office of Emergency Services.
(2) “Previous fiscal year” means the fiscal year immediately prior to the current fiscal year.
(3) “Utility” means an “electrical corporation” as defined in Section 218 of the Public Utilities Code.
(e) (1) This section shall become inoperative on the date on which all nuclear waste and radiological fuel have been removed from the San Onofre Nuclear Generating Station site and transported out of the Counties of San Diego and Orange, and is repealed on January 1 of the following year.
(2) Within 30 days of the removal of all nuclear waste and radiological fuel from the San Onofre Nuclear Generating Station site and the transportation of that nuclear waste and radiological fuel out of the Counties of San Diego and Orange, the Public Utilities Commission shall notify the Secretary of State of the removal.

SEC. 3.

 Section 114685 of the Health and Safety Code is amended to read:

114685.
 (a) The Department of Transportation shall include within its criteria for funding, repair, and construction projects, the need for adequate emergency evacuation routes.
(b) State and local law enforcement agencies shall ensure all of the following:
(1) Traffic flow plans for areas outside the emergency planning zones shall adequately reflect the possible evacuation of residents outside those zones.
(2) Traffic flow plans shall take into consideration that some evacuation routes may be impassible under certain weather conditions and shall have plans for designating alternative routes.
(3) Officers who may be needed to respond during a nuclear powerplant emergency shall receive the necessary training, including refresher courses at least once each year.
(c) Local jurisdictions within an emergency planning zone shall coordinate nuclear powerplant emergency response plans and procedures with local governments and shall participate in training, drills, and exercises as needed.
(d) Local jurisdictions shall plan for and respond to emergency situations at the San Onofre Nuclear Generating Station, even during the decommissioning of that facility; maintain radiological response monitoring teams, alert and warning capabilities, and emergency response plans and procedures; and conduct training, drills, and exercises.

SEC. 3.SEC. 4.

 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.