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AB-2182 Emergency backup generators: water and wastewater facilities: exemption. (2019-2020)

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Date Published: 02/11/2020 09:00 PM
AB2182:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2182


Introduced by Assembly Member Blanca Rubio

February 11, 2020


An act to add Article 9.4 (commencing with Section 42005) to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, relating to nonvehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 2182, as introduced, Blanca Rubio. Emergency backup generators: water and wastewater facilities: exemption.
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 would exempt the operation of an alternative power source, as defined, to provide power to a critical facility, as defined, from any local, regional, or state regulation regarding the operation of that source. The bill would authorize providers of essential public services, in lieu of compliance with applicable legal requirements, to comply with the maintenance and testing procedure set forth in the National Fire Protection Association Standard for Emergency and Standby Power System, NFPA 110, for alternative power sources designated by the providers for the support of critical facilities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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) Due to climate change, California’s risk for catastrophic wildfires has increased substantially and California’s wildfire season is now longer and more intense.
(b) Catastrophic wildfires have had and continue to have an enormous impact on California, taking and threatening life, property, and our environment, and costing the state billions of dollars.
(c) Public safety power shutoffs and deenergization events, while necessary to protect California from catastrophic wildfires, impact essential public services, including firefighting, police, and water services, which are necessary to respond to a wildfire.
(d) Given the importance of essential public services in responding to wildfire, it is crucial to ensure the essential public service provider has access to alternative power sources during public safety power shutoffs and other deenergization events to maintain California’s ability to respond to wildfire.

SEC. 2.

 Article 9.4 (commencing with Section 42005) is added to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, to read:
Article  9.4. Standby Electric Generation

42005.
 For purposes of this article, the following terms apply:
(a) “Alternative power source” means equipment that is used by an essential public service provider to produce electricity to directly run a critical facility during a deenergization event.
(b) “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 treatment facilities, incident command posts, and communication systems used to support essential public services.
(c) “Deenergization event” means the loss of electricity to a critical facility due to an emergency, including, but not limited to, wildfire.
(d) “Essential public service” means fire prevention, protection, and response, law enforcement, provision of water and wastewater service, disaster medical response, and other emergency response services.
(e) “Water and wastewater facilities” mean water and wastewater facilities critical to maintain public health and safety standards, including, but not limited to, treatment plants, pumping stations and other storage facilities, and water facilities needed to maintain water service and water pressure necessary for firefighting.

42007.
 (a) Notwithstanding other law, the use of an alternative power source by a provider of essential services to operate a critical facility during a deenergization event shall not be subject to any local, regional, or state regulation regarding the operation of an alternative power source.
(b) Notwithstanding other law, in lieu of compliance with any applicable legal requirements, a provider of essential public service may comply with the maintenance and testing procedure set forth in the National Fire Protection Association Standard for Emergency and Standby Power Systems, NFPA 110, or any successor standard adopted by the association, for an alternative power source designated by the provider for the support of a critical facility during a deenergization event.