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AB-9 Energy resources.(2001-2002)

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AB9:v95#DOCUMENT

Amended  IN  Assembly  March 05, 2001
Amended  IN  Assembly  March 12, 2001
Amended  IN  Assembly  March 19, 2001
Amended  IN  Senate  May 09, 2001

CALIFORNIA LEGISLATURE— 2001–2002 1st Ext.

Assembly Bill
No. 9

Introduced  by  Assembly Member Richman
 (Principal Coauthor(s): Assembly Member Alquist)

January 17, 2001

An act to add and repeal Chapter 6.6 (commencing with Section 25560) to of Division 15 of the Public Resources Code, relating to energy resources, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 9, as amended, Richman. Energy resources.
(1) Under existing law, the State Energy Resources Conservation and Development Commission has various powers and duties with respect to the siting of thermal powerplants, as defined, in the state.
This bill would require the commission, until January 1, 2003, to identify those regions of the state where the demand for electrical energy is greater than the supply of electrical energy generated within those regions. This bill would require the commission to provide that information to the council of governments, as defined, in each region in which the demand for electrical energy is greater than the supply.
This bill would authorize a council of governments to prepare and submit a report to the commission, on or before December 31, 2001, which identifies sites suitable for the location of future facilities, as specified.
This bill would require the commission to identify regions of the state with the greatest electrical energy supply-demand imbalance. The bill would require the commission to request local government entities to identify potential locations within those regions as sites for thermal powerplants or transmission lines, and would require a local government entity to consider all relevant factors in identifying potential sites. By imposing duties on local government entities with respect to the identification of sites for the location of powerplants and related facilities, the bill would impose a state-mandated local program.(2) 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.

(3)The bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

The State Energy Resources Conservation and

Chapter 6.6 (commencing with Section 25560) is added to Division 15 of the Public Resources Code, to read:
CHAPTER  6.6. Suitable Sites for Future Facilities

25560.
 It is the intent of the Legislature to establish a program for the commission to cooperate with local and regional officials to identify suitable sites for the location of future facilities.

25561.
 (a) Not later than 90 days after the effective date of the act adding this section, the commission shall identify those regions of the state in which the demand for electrical energy is greater than the supply of electrical energy generated within those regions. The commission shall provide this information to the council of governments in each region in which the demand is greater than the supply.
(b) After consultation with the counties and cities within the region, a council of governments may prepare and submit a report to the commission on or before December 31, 2001. For a region with no council of governments, or for a region in which a council of governments does not submit a report, a city, county, or city and county in that region may prepare and transmit a report to the commission. The report shall be in the manner and format prescribed by the commission. The report shall identify sites suitable for the location of future facilities, based on relevant factors, including, but not limited to, all of the following:
(1) General plans, specific plans, and zoning ordinances.
(2) The availability of water to supply facilities.
(3) The availability of fuel to generate electricity.
(4) Access to electrical transmission lines.
(c) On or before January 15, 2002, the commission shall compile the reports submitted by the council of governments and by any city, county, or city and county pursuant to subdivision (b) and issue a public report that identifies the sites suitable for the location of future facilities. The commission shall make this report available both in printed form and in an electronic form on its website.
(d) The inclusion of a site for a facility in a report prepared pursuant to either subdivision (b) or (c) does not guarantee a property owner or project applicant any permit or approval for a facility by any local, regional, state, or federal agency, nor obligate a property owner or project applicant to develop the property as a facility.
(e) This chapter does not prevent property not included in a report prepared pursuant to either subdivision (b) or (c) from being developed as a facility.
(f) As used in this section, “council of governments” means a single or multicounty council established by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.

25562.
 This chapter shall remain in effect only until January 1, 2003, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2003, deletes or extends that date.

Development Commission should make every effort to identify potential appropriate sites throughout the state that can be used for electric generation facilities.

SEC. 2.Chapter 6.6 (commencing with Section 25560) is added to Division 15 of the Public Resources Code, to read:
6.6.Electric Generation Incentives
25560.

(a)The commission shall, not later than 90 days from the effective date of this section, identify regions of the state with the greatest electrical energy supply-demand imbalance. The commission shall share this information with the local governmental entities in each region identified by the commission. The local governmental entities shall use the information to prepare the description of the site or sites as described in subdivision (b).

(b)After completing the identification of regions required pursuant to subdivision (a), the commission shall request each local government entity with land use planning authority within a region identified pursuant to subdivision (a), to identify and submit to the commission a description of the site or sites within its boundaries that would serve as a potential location for a facility to address the regional electrical energy supply-demand imbalance. This description shall be submitted to the commission prior to December 31, 2001. The local government shall consider all relevant factors, including, but not limited to, general plans and zoning laws, in identifying potential sites.

(c)The inclusion of a description of a site or sites as a potential location for a facility pursuant to subdivision (b) does not guarantee a property owner or project applicant any permit or approval by any state, local, regional, or federal agency for a facility, nor obligate a property owner or project applicant to develop the property as a facility site.

(d)This section does not prevent property not included in the description of the site or sites pursuant to subdivision (b) from being developed as a facility site.
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.
SEC. 4.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to overcome the shortage of electric generation capacity necessary to meet the needs of the people of this state at the earliest possible time, it is necessary that this act take effect immediately.