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SB-64 Fossil-fuel generation units.(2017-2018)

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Date Published: 08/25/2018 04:00 AM
SB64:v92#DOCUMENT

Amended  IN  Assembly  August 24, 2018
Amended  IN  Assembly  August 20, 2018
Amended  IN  Assembly  July 03, 2018
Amended  IN  Assembly  June 20, 2018
Amended  IN  Assembly  May 10, 2018
Amended  IN  Senate  April 06, 2017
Amended  IN  Senate  March 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 64

Introduced by Senator Wieckowski

December 22, 2016

An act to add Section 42301.19 to the Health and Safety Code, and to add Section 636 to the Public Utilities Code, relating to nonvehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


SB 64, as amended, Wieckowski. Fossil-fuel generation units.
Existing law requires stationary sources, including fossil-fueled electrical generating facilities, to obtain a permit from a local air quality management district or air pollution control district (air districts) for operation.
This bill would require the State Air Resources Board to work with the United States Environmental Protection Agency (USEPA) to obtain continuous emissions monitoring data for certain fossil-fueled electrical generating units in the state collected by the USEPA. If the state board is unable to obtain those data from the USEPA, the bill would require the state board to require each facility, on a quarterly basis, to provide those data to the state board. The bill would require the state board to post data for 2018 on its Internet Web site. The bill would require each air district with those fossil-fueled electrical generating units, within 18 months of the posting of the 2018 data, to complete a report containing specified information regarding the 2018 operations of those units within its jurisdiction. The bill would require the air districts to provide the reports to the Public Utilities Commission (PUC), the State Energy Resources Conservation and Development Commission (Energy Commission), and the state board. Because this bill would impose additional duties on the air districts, this bill would impose a state-mandated local program.
Existing law requires the PUC to adopt a process for each load-serving entity to file an integrated resource plan to ensure that load-serving entities, among other things, minimize localized air pollutants and other greenhouse gas emissions, with early priority on disadvantaged communities.
This bill would require the PUC and the Energy Commission, with input from specified entities and with consideration given to the reports from the air districts described above, to complete a study with recommendations on how to reduce or eliminate emissions of air pollutants, as specified, with early priority for disadvantaged communities. The bill would require the PUC to conduct the study as part of the integrated resource plan process.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 42301.19 is added to the Health and Safety Code, to read:

42301.19.
 (a) For purposes of this section, the following definitions apply:

(1)“California balancing authority” has the same meaning as set forth in Section 399.12 of the Public Utilities Code.

(2)

(1) “Disadvantaged community” means a community identified as a disadvantaged community pursuant to Section 39711.

(3)

(2) “Facility” means a fossil-fueled electrical generating unit with a nameplate capacity of 25 or more megawatts.
(b) (1) The state board shall work with the United States Environmental Protection Agency (USEPA) to obtain all available continuous emissions monitoring data from California facilities collected by the USEPA pursuant to Part 75 (commencing with Section 75.1) of Title 40 of the Code of Federal Regulations. If the state board is not able to obtain those data, or additional data that would facilitate the analysis described in paragraph (1) of subdivision (c), the state board shall require each facility to, on a quarterly basis, provide to the state board, all of the following:
(A) All available continuous emissions monitoring data or other data that reflects the emissions of the facility.
(B) All available data on startups, shutdowns, partial load, steady state, and cycling of the facility.
(C) Any other reasonably available information to facilitate the analysis described in paragraph (1) of subdivision (c).
(2) The state board shall make data provided pursuant to paragraph (1) available to districts and to the public on its Internet Web site in a format that illustrates the changes of emissions, startups, shutdowns, and cycling over time.
(c) (1) Within 18 months after the state board posts data for 2018 pursuant to paragraph (2) of subdivision (b), each district with a facility operating in 2018 shall complete a report regarding 2018 operations for all facilities within its jurisdiction. The report shall include all of the following:
(A) The actual hourly startup, shutdown, partial load, and steady-state average emissions of oxides of nitrogen, total organic gases, and particulate matter to the extent feasible.
(B) A description of applicable permit conditions limiting hours of operation, startups, shutdowns, and emissions limitations. This description shall include the dates of issuance of the applicable permit and the permit’s most recent renewal.
(C) (i) A description of the most recent ambient air modeling conducted for the applicable permit including the ambient air modeling of the impact of startup, shutdown, and steady-state emissions.
(ii) If no modeling has been conducted to analyze the impact of a particular facility’s startup, shutdown, and steady-state emissions on ambient air, the report shall include a schedule of when the district plans to complete the modeling for that facility. The modeling shall be competed completed no later than December 31, 2023.
(D) A description of the ambient air quality standard attainment status of the area in which each facility is located, and whether each the facility is located in a disadvantaged community.
(2) A draft of the report shall be published on the district’s Internet Web site and a notice of availability of the draft report inviting public comments shall be published in accordance with Section 6061 of the Government Code. The district shall provide a public comment period for the draft report of at least 60 days. The final report shall include responses to any public comments received and shall be made available on the district’s Internet Web site.
(3) The district shall provide the report to the state board, the Public Utilities Commission, and the State Energy Resources Conservation and Development Commission. The Public Utilities Commission and the State Energy Resources Conservation and Development Commission shall consider the report in the study conducted pursuant to Section 636 of the Public Utilities Code.

SEC. 2.

 Section 636 is added to the Public Utilities Code, to read:

636.
 (a) The commission and the Energy Commission shall, with input from the relevant state agencies, any relevant California balancing authority, as defined in Section 399.12, and the public, and with consideration given to the reports described in subdivision (c) of Section 42301.19 of the Health and Safety Code, conduct and complete a study with recommendations on how to reduce or eliminate emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants from electrical generation, natural gas-fired electrical generating units, while ensuring local and system grid reliability, and optimally and cost-effectively integrating renewable resources, with a priority on minimizing those emissions affecting disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.
(b) (1) The commission shall conduct the study specified in subdivision (a) as part of the integrated resources planning process required pursuant to Section 454.52.
(2) The Energy Commission shall incorporate the recommendations as a part of the integrated energy policy report adopted pursuant to Section 25302 of the Public Resources Code.

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.