Assembly Bill No. 1575

Passed the Assembly May 16, 1974

Chief Clerk of the Assembly

Passed the Senate May 14, 1974

Secretary of the Senate

This bill was received by the Governor this

day of ) 1974, at o'clock _ M.

Private Secretary of the Governor

2 1575 5 17

2 1575 25 21

An act to cunend Section 211()() of, and to add Div15ion 15(collul1encing with Section 25(}()()) to, the PublicResources Code, and to repeal Chapter 11(commencing with Section 19870) ofPart 3 ofDivision13 of the Health and Safety C'ode, relating to energyresources.

LEGISLATIVE: COUNSEL'S DIGEST

AB 1575, W'arren. Energy resources.Requires specifically that an environmental impact re­

port prepared pursuant to the Environmental QualityAct of 1970 include a statement of measures to reducewasteful, inefficient, and unnecessary consumption of en­ergy.

Enacts the Warren-Alquist State Energy ResourcesConservation and Development Act.

Declares legislative findings relating to energy re­sources.

Establishes the State Energy Resources Conservationand Development Commission and prescribes its mem­bership, powers, and duties.

Provides for forecasting and assessment of energy de­mands and supplies, and for conservation of energy re­sources by designated methods.

Requires, with exceptions, that power sites and facili­ties, as defined, be certified by the commission, as pre­scribed.

Requires the commission to develop and coordinate aprogram of research and development in energy supply,consumption and conservation and the technology of sit­ing facilities.

Provides for development of contingency plans to dealwith possible shortages of electrical energy or fuel sup­plies.

Imposes various fees and requires the money to bedeposited in the State Energy Resources Conservationand Development Special Account, which is establishedin the General Fund. Requires that money from such

SECTIONCode is an

21100.shall prep~

certify th(report onapprove ~

environmEstatement

(a) The(b) Any

be avoidec(c) Miti

impact incwasteful, j

energy.(d) Altt:(e) The

man's elenhancem

(f) Anywould beimplemen

(g) Tht:action.

account beprOVISIOns l

ture in theDeletes (

lishment ojbuildings, ,year afterpertaining

Providesant to Sectishall therespecified n

To be Of

The people

•

-2-

CHAPTERL-..-_

AB 1575

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-3- AB 1575

add Divi:,ion 15to, the Public

, C1wpter 11)art J ofDinsionfating to energy

r

ental impact re­Imental Quality.sures to reduceIsumption of en-

ergy Resources

; to energy re-

es Conservationicribes its mem-

1t of energy de­m of energy re-

osites and facili­lmlSSlon, as pre-

nd coordinate a1 energy supply,~chnology of sit-

lCy plans to dealorgy or fuel sup-

Ie money to be~s Conservation~h is established:lney from such

2 1.575 2.5 21

•

account be expended for purposes of carrying out theprovisions of this act, when appropriated by the Legisla­ture in the Budget Act.

Deletes designated provisions providing for the estab­lishment of energy insulation regulations for residentialbuildings, with deletion to be operative on the date oneyear after the date the commission adopts regulationspertaining to such subject matter.

Provides that there shall be no reimbursement pursu­ant to Section 2231 of the Revenue and Taxation Code norshall there be any appropriation made by this act, forspecified reasons.

To be operative January 7, 1975.

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

SECTION 1. Section 21100 of the Public ResourcesCode is amended to read:

21100. All state agencies, boards, and commissionsshall prepare, or cause to be prepared by contract, andcertify the completion of an environmental impactreport on any project they propose to carry out orapprove which may have a significant effect on theenvironment. Such a report shall include a detailedstatement setting forth the following:

(a) The environmental impact of the proposed action.(b) Any adverse environmental effects which cannot

be avoided if the proposal is implemented.(c) Mitigation measures proposed to minimize the

impact including, but not limited to, measures to reducewasteful, inefficient, and unnecessary consumption ofenergy.

(d) Alternatives to the proposed action.(e) The relationship between local short-term uses of

man's environment and the maintenance andenhancement of long-term productivity.

(f) Any irreversible environmental changes whichwould be involved in the proposed action should it beimplemented.

(g) The growth-inducing impact of the proposedaction.

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2 ).'57.5 5.5 27

CHAPTER 1. TITLE AND GENERAL PROVISIONS

25100definiti<division

25101applicatthis divi

25102certific~

accordathis div

25103defined

25104Resourc

25105perman"ConstI

(a) 1equipm

(b) }(c) ~

environresourcecapabili

25006Legislatrespons;developinto enregulatifacilitie~

25007.intent 0

to reducof ener~consumassure suse goal

,

-4-

DIVISION 15. ENERGY CONSERVATION ANDDEVELOPMENT

25000. This division shall be known and may be citedas the \Varren-Alquist State Energy ResourcesConservation and Development Act.

25001. The Legislature hereby finds and declares thatelectrical energy is essential to the health, safety andwelfare of the people of this state and to the stateeconomy, and that it is the responsibility of stategovernment to ensure that a reliable supply of electricalenergy is maintained at a level consistent with the needfor such energy for protection of public health and safety,for promotion of the general welfare, and forenvironmental quality protection.

25002. The Legislature further finds and declares thatthe present rapid rate of growth in demand for electricenergy is in part due to wasteful, uneconomic, inefficient,and unnecessary uses of power and a continuation of thistrend will result in serious depletion or irreversiblecommitment of energy, land and water resources, andpotential threats to the state's environmental quality.

25003. The Legislature further finds and declares thatin planning for future electrical generating and relatedtransmission facilities state, regional, and local plans forland use, urban expansion, transportation systems,environmental protection, and economic developmentshould be considered.

25004. The Legislature further finds and declares thatthere is a pressing need to accelerate research anddevelopment into alternative sources of energy and intoirnproved technology of design and siting of powerfaciIi ties.

25005. The Legislature further finds and declares thatprevention of delays and intenuptions in the orderlyprovision of electrical energy, protection of

SEC. 2. Division 15 (conlmencing with Section 25(00)is added to the Public Resources Code, to read:

AB 1575

2 1575 65 29

CHAPTER 2. DEFINITIONS

environmental values, and conservation of energyresources require expanded authority and technicalcapability within state government.

25006. It is the policy of the state and the intent of theLegislature to establish and consolidate the state'sresponsibility for energy resources, for encouraging,developing, and coordinating research and developmentinto energy supply and demand problems, and forregulating electrical generating and related transmissionfacilities.

25007. It is further the policy of the state and theintent of the Legislature to employ a range of measuresto reduce wasteful, uneconomical, and unnecessary usesof energy, thereby reducing the rate of growth of energyconsumption, prudently conserve energy resources, andassure statewide environmental, public safety, and landuse goals.

AB 1575-5-

25100. Unless the context otherwise requires, thedefinitions in this chapter govern the construction of thisdivision.

25101. "Applicant" means any person who submits anapplication for certification pursuant to the provisions ofthis division.

25102. "Application" lneans any request forcertification of any site and related facility filed inaccordance with the procedures established pursuant tothis division.

25103. "Coastal zone" means the "coastal zone" asdefined in Section 27100.

25104. "Commission" means the State EnergyResources Conservation and Development Commission.

25105. "Construction" means onsite work to installpermanent equipment or structure for any facility."Construction" does not inelude any of the following:

(a) The installation of environmental monitoringequipment.

(b) A soil or geological investigation.(c) A topographical survey.

dares thator electricnefficient,tion of this'reversibleurces, andquality.elares thatnd relatedI plans for

systems,lelopment

elares thatle orderlyction of

ISIONS

elares that~arch andy and intoof power

NAND

2 1.')7,) ,'),'1 27

ion 250(0)d:

ly be citedResources

elares that;afety andthe state

, of state: electrical1 the needlnd safety,

and for

2 1575 H5 :33

(d) Any other study or investigation to detennine theenvironmental acceptability or feasibility of the use of thesite for any particular facility.

(e) Any work to provide access to a site for any of thepurposes specified in subdivision (a), (b), (c), or (d).

25106. "Adviser" means the administrative adviseremployed by the commission pursuant to Section 25217.

25107. "Electric transmission line" means any electricpowerline carrying electric power from a thermalpowerplant located within the state to a point of junctionwith any interconnected transmission system. "Electrictransmission line" does not include any replacement onthe existing site of existing electric powerlines withelectric powerlines equivalent to such existing electricpowerlines or the placement of new or additionalconductors, insulators, or accessories related to suchelectric powerlines on supporting structures in existenceon the effective date of this division or certified pursuantto this division.

25108. "Electric utility" means any person engagedin, or authorized to engage in, generating, transrnitting,or distributing electric power by any facilities, including,but not limited to, any such person who is subject to theregulation of the Public Utilities Commission.

25109. "En.ergy" means work or heat that is, or maybe, produced from any fuel or source whatsoever.

25110. "Facility" means any electric transmission lineor thermal powerplant, or both electric transmission lineand thermal powerplant, regulated according to theprovisions of this division.

25111. "Account" means the State Energy ResourcesConservation and Development Special Account.

25112. "Member" or "mernber of the comlnission"means a member of the State Energy ResourcesConservation and Development Commission appointedpursuant to Section 25200.

25113. "Notice" means the notice of intent, as furtherdef~ned in Chapter 6 .( comr:'encing with Section 255(0),whICh shall state the Intention of an applicant to file anapplication for certification of any site and relatedfacility.

AB 1575 -6--

25114. "Ithe commissand direct ilon, under, 0:

25115. "Idefined in S

25116. "Iorganizatiorcompany. "]district or a~

thereof, andfederal law.

25117. "]Curtailmenl

25118. "~

geographic25119. "~

constructed25120. ",

or tloating E

of thermalmegawattsthereto.

25121. "product, coprimarily f(

25122. "authorizednatural ~as,

who is subjCommissiOJ

25123. "any alter2equipmentin the electpowerplanloperating \i

electric tra

25114. "Interested party" means any person whomthe commission finds and acknowledges as having a realand direct interest in any proceeding or action carriedon, under, or as a result of the operation of, this division.

25115. "Permit area" means the "permit area" asdefined in Section 27104.

25116. "Person" means any person, firm, association,organization, partnership, business trust~ corporation, orcompany. "Person" also includes any city, county, publicdistrict or agency, the state or any department or agencythereof, and the United States to the extent authorized byfederal law.

25117. "Plan" means the Emergency LoadCurtailment and Energy Distribution Plan.

25118. "Service area" means any contiguousgeographic area serviced by the same electric utility.

25119. "Site" means any location on which a facility isconstructed or is proposed to be constructed.

25120. "Thermal powerplanf' means any stationaryor floating electrical generating facility using any sourceof thermal energy, with a generating capacity of 50megawatts or more, and any facilities appurtenantthereto.

25121. "Fuel" means petroleum, crude oil, petroleumproduct, coal, natural gas, or any other substance usedprimarily for its energy content.

25122. "Gas utility" means any person engaged in, orauthorized to engage in, distributing or transportingnatural gas, including, but not limited to, any such personwho is subject to the regulation of the Public UtilitiesCommission.

25123. "Modification of an existing facility" meansany alteration, replacement, or improvement ofequipment that results in a 50·megawatt or more increasein the electric generating capacity of an existing thermalpowerplant or an increase of 25 percent in the peakoperating voltage or peak kilowatt capacity of an existingelectric transmission line.

detefllline the,f the use of the

~ for any of the) (c) or (d).:rative adviserSection 25217.

lOS any electric1m a thermal)int of junction;tem. ..Electric~placement onIwerlines withICisting electricor additional

~lated to such'es in existencetified pursuant

erson engaged~, transmitting,[ties, including,i subject to theSlon.that is, or maylatsoever.ansmission lineansmission line~ording to the

~rgy Resources\ccount.e corrllnission"rgy Resourcession appointed

tent, as furtherSection 255(0)ieant to file ane and related

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2 1575 100 36

2 ),')7.') ll.j 4/l

CHAPTER 3. STATE ENERGY RESOURCESCONSERVATION AND DEVELOPMENT COMMISSION

25200. There is in the Resources Agency the StateEnergy Resources Conservation and DevelopmentCommission, consisting of five members appointed. bythe Governor subject to Section 25204.

25201. One member of the commission shall have abackground in the field of engineering or physicalscience and have knowledge of energy supply orconversion systems; one member shall be an attorney anda member of the State Bar of California withadministrative law experience; one member shall havebackground and experience in the field of environmentalprotection or the study of ecosystems; one nlember shallbe an economist with background and experience in thefield of natural resource management; and one membershall be from the public at large.

25202. The Secretary of the Resources Agency andthe President of the Public Utilities COlnmission shall beex officio, nonvoting members of the commission, whosepresence shall not be counted for a quorUlTI or for voterequirements.

25203. Each member of the commission shallrepresent the state at large and not any particular areathereof, and shall serve on a full-time basis.

25204. The Governor shall appoint the members ofthe commission within 30 days after the effective date ofthis division. Every appointment made by the Governorto the commission shall be subject to the advice andconsent of a majority of the members elected to theSenate.

25205. (a) No person shall be a member of thecommission who, during the two years prior toappointment on the comnlission, received any substantialportion of his income directly or indirectly from anyelectric utility, or who engages in sale or manufacture ofany major component of any facility, No member of thecommission shall be employed by any electric utility,applicant, or, within two years after he ceases to be a1l1ember of the cOlllmission, by any person who engages

in the salefacility.

(b) Excof the corappointed

(c) Theof the coprOVISIOns

(d) NocommlSSIOas a memdecision, 'renderingjudicial erequest feclaim, conin which, 1partner, 0:

served aswhile seIcommlSSlCas a memlfinancial i

(e) Noemployeeshall act a~

other thaiother preruling, (controverwhich thesubstanti2

(f) ThtAttorneyor elnplo~

be deelntwhich themployet:

(g) Ansection isof not 11

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2 1575 130 43

in the sale or manufacture of any major cornponent of anyfacility.

(b) Except as provided in Section 25202, the membersof the commission shall not hold any other elected orappointed public office or position.

(c) The members of the commission and all employeesof the commission shall comply with all applicableprovisions of Section 19251 of the Government Code.

(d) No person who is a member or employee of thecommission shall participate personally and substantiallyas a member or employee of the commission, throughdecision, approval, disapproval, recommendation, therendering of advice, investigation, or otherwise, in ajudicial or other proceeding, hearing, application,request for a ruling, or other detern1ination, contract,claim, controversy, study, plan, or other particular matterin which, to his knowledge, he, his spouse, minor child, orpartner, or any organization in which he is serving, or hasserved as officer, director, trustee, partner, or employeewhile serving as a member or employee of thecommission or within two years prior to his appointmentas a member of the commission, has a direct or indirectfinancial interest.

(e) No person who is a partner, employer, oremployee of a member or employee of the commissionshall act as an attorney, agent, or employee for any personother than the state in connection with any judicial orother proceeding, hearing, application, request for aruling, or other determination, contract, claim,controversy, study, plan, or other particular matter inwhich the commission is a party or has a direct andsubstantial interest.

(f) The provisions of this section shall not apply if theAttorney General finds that the interest of the memberor elnployee of the commission is not so substantial as tobe deemed likely to affect the integrity of the serviceswhich the state may expect from such member oremployee.

(g) Any person who violates any provision of thissection is guilty of a felony and shall be subject to a fineof not more than ten thousand dollars ($10,000) or

ICES

MISSION

! the Statevelopmentpointed by

hall have a)r physicalsupply or

torneyand)rnia withshall have

ironmental~nlber shallence in thele member

.gency andion shall beiion, whoseor for vote

;sion shall:icular area

1embers oftive date of~ Governoradvice andted to the

Jer of theprior to

substantial, from anyufacture ofnber of thetric utility,~es to be aho engages

2 \.'57,,) I I ,OJ 40

-9- AB 1575

ilnprisonment in the state prison for not more than twoyears. or both.

25206. The terms of office of the members of thecommission shall be for five years, except that themembers first appointed to the commission shall classifythemselves by lot so that the term of office of onemember shall expire at the end of each one of the fiveyears following the effective date of this division. Anyvacancy shall be filled by the Governor within 30 days ofthe date on which a vacancy occurs for the unexpiredportion of the term in which it occurs or for any new termof office.

If the Governor fails to make an appointment for anyvacancy within such 30-day period, the Senate RulesCommittee may make the appoinhnent to fill thevacancy for the unexpired portion of the term in whichthe vacancy occurred or for any new term of office,subject to the provisions of Section 25204.

25207. The members of the commission shall receivean annual salary as prescribed by Section 11552 of theGovernment Code.

Each rnember of the commission shall receive thenecessary traveling and other expenses incurred in theperforrnance of his official duties. When necessary, themembers of the commission and its employees may travelwithin or without the state.

25208. Before entering upon the duties of his officeeach men1ber of the commission shall execute an officialbond to the state in the penal sum of twenty-fivethousand dollars ($25,000), conditioned upon the faithfulperformance of his duties.

25209. Each melnber of the commission shall haveone vote. Except as provided in Section 25211, theaffirmative votes of at least three members shall berequired for the transaction of any business of thecommISSIOn.

25210. The commission may hold any hearings andconduct any investigations in any part of the statenecessary to carry out its powers and duties prescrib d bythis division and for such purpos s has th sam powersas is conferred upon heads of departm nts of th stut by

AB 1575 -10-

Article 2 (Part 1, Di

25211.not less thinvestigaticornrnissicorder macinvestigatiby the corthe order

25212.a chairmaamong its

25213.regulationthis divisi<4.5 (comn3, Title 2 cmake avaproposedreasons Sl

25214.headquarbranch of!deems nesuch timeit. All meopen to trespect tcany perscgranted rtestifyingcomlnISSllconfirma1pursuantthe timecommlSSl

25215.removedresolutiOIelected

Article 2 (commencing with Section 11180) of Chapter 2,Part 1, Division 3, Title 2 of the Government Code.

25211. The commission may appoint a committee ofnot less than two members of the commission to carryoninvestigations, inquiries, or hearings which thecommission has power to undertake or to hold. Everyorder made by such committee pursuant to such inquiry,investigation, or hearing, when approved or confirmedby the commission and ordered filed in its office, shall bethe order of the commission.

25212. Every two years the Governor shall designatea chairman and vice chairman of the commission fromamong its men1bers.

25213. The commission shall adopt rules andregulations, as necessary, to carry out the provisions ofthis division in conformity with the provisions of Chapter4.5 (commencing with Section 11371) of Part 1, Division3, Title 2 of the Government Code. The commission shallmake available to any person upon request copies ofproposed regulations, together with summaries ofreasons supporting their adoption.

25214. The commission shall maintain itsheadquarters in the City of Sacramento and may establishbranch offices in such parts of the state as the commissiondeems necessary. The commission shall hold meetings atsuch times and at such places as shall be determined byit. All meetings and hearings of the comnlission shall beopen to the public, and opportunity to be heard withrespect to the subject of the hearings shall be afforded toany person. Upon request, an interested party may begranted reasonable opportunity to examine any witnesstestifying at the hearing. The first meeting of thecomlnission shall be held within 30 days after theconfirmation of the last member of the commissionpursuant to Section 25204. The Governor shall designatethe time and place for the first meeting of thecOInmission.

25215. Any member of the commission may berernoved from office by the Legislature, by concurrentresolution adopted by a majority vote of all memberselected to each house, for dereliction of duty or

lore than two

mbers of the'ept that the.1 shall classifyoffice of onene of the fivedivision. Anyhin 30 days ofhe unexpiredany new term

tment for anySenate Rulest to fill theerm in which~rm of office,

I shall receive11552 of the

I receive thecurred in thelecessary, the~es may travel

s of his officeute an officialf twenty-five>n the faithful

)n shall haven 25211, thebers shall besiness of the

hearings andof the state

prescribed bysame powers)f the state by

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2 1.'17,) 17') ,'52

corruption or incompetency. .25216. In addition to other duties specified in this

division, the comnlission shall do all of the following:(a) Undertake a continuing assessment of trends in

the consumption of electrical energy and other forms ofenergy and analyze the social, economic, andenvironmental consequences of these trends; carry outdirectly, or cause to be carried out, energy conservationmeasures specified in Chapter 5 (commencing withSection 254(0) of this division; and recommend to theGovernor and the Legislature new and expanded energyconservation measures as required to meet the objectivesof this division.

(b) Collect from electric utilities, gas utilities, and fuelproducers and wholesalers and other sources forecasts offuture supplies and consunlption of all forms of energy,including electricity, and of future energy or fuelproduction and transporting facilities to be constructed;indepenciently analyze such forecasts in relation tostutewide estimates of population, economic, and othergruwth factors and in terms of the availability of energyresources, costs to consumers, and other factors; andformally specify statewide and service area electricalenergy demands to be utilized as a basis for planning thesiting and design of electric power generating andrelated facilities.

(c) Carry out, or cause to be carried out, undercontract or other arrangelnents, research anddevelopment into alternative sources of energy,improvelnents in energy generation, transmission, andsiting, fuel substitution, and other topics related toenergy supply, demand, public safety, ecology, andconservation which are of particular statewideilnportance.

25216.3. (a) The commission shall compile relevantlocal, regional, state, and federal land use, public safety,environrncntal, and other standards to be ITlet indesigning, siting, and operating facilities in the state;except as provided in subdivision (d) of Section 25402,adopt standards, except for air and water quality, to bemet in designing or operating facilities to safeguard

AB 1575 -12-

public heamore strinother statpermittedensure thathis divisic

(b) ThEadvise theordinance~

the objec i

division.25216.5.(a) Pre

facili ties; (to secureformally ,includingand contpermitted

(b) PrEbe taken iof energywelfare.

(c) Ev~

rates for lreiatedprotectiOidivision, (power-p.rJGovernorCommissi

(d) 531

governmlinformaticonservat

25217.(a) Ap

and fiscalwhose dcommlSSl

(b) AI

2 1575 1&') 54

public health and safety, which may be diff rent from ormore stringent than those adopted by local, regional, orother state agencies, or by any federal agency ifpermitted by federal law; and monitor compliance andensure that all facilities are operated in accordance withthis division.

(b) The local, regional, and other state agencies shalladvise the commission as to any change in its standards,ordinances, or laws which are pertinent and relevant tothe objective of carrying out the provisions of thisdivision.

25216.5. The commission shall do all of the following:(a) Prescribe the form and content of applications for

facilities; conduct public hearings and tak~ other actionsto secure adequate evaluation of applications; andformally act to approve or disapprove applications,including specifying conditions under wh; ~h approvaland continuing operation of any facility shall bepermitted.

(b) Prepare an integrated plan specifying actions tobe taken in the event of an impending serious shortageof energy, or a clear threat to public health, safety, orwelfare.

(c) Evaluate policies governing the establishment ofrates for electric power and other sources of energy asrelated to energy conservation, environmentalprotection, and other goals and policies established in thisdivision, and transmit recommendations for changes inpower-pi'icing policies and rate schedules to theGovernor, the Legislature, to the Public UtilitiesCommission, and to publicly owned electric utilities.

(d) Serve as a central repository within the stategovernment for the collection and storage of data andinformation on all forms of energy supply, demand,conservation, public safety, and related subjects.

25217. The commission shall do all of the following:(a) Appoint an executive director with administration

and fiscal experience, who shall serve at its pleasure andwhose duties and salary shall be prescribed by thecommiSSion.

(b) Appoint an administrative adviser, to serve at the

~cified in this~ following:t of trends inlther forms ofDnomic, and[lds; carry out, conservationnencing withrlmend to thelanded energythe objectives

lities, and fuel'es forecasts of'ms of energy,lergy or fuele constructed;n relation to[lie, and otherility of energyr factors; andlrea electricalr planning themerating and

,d out, underesearch and

of energy,lsmission, andcs related toecology, and

ar statewide

npile relevantpublic safety,

) be met inin the state;

Section 25402,quality, to beto safeguard

-13- AB 1575

2 \.'575 ~dO 57

pleasure of the commission, who shall be an attorneyadmitted to practice law in this state, and who shall carryout the provisions of Section 25222, as well as other dutiesprescribed by the commission.

(c) Employ and prescribe the duties of other staffmembers as necessary to carry out the provisions of thisdivision.

25217.5. The chairman of the commission shall directthe adviser, the executive director, and other staff in theperformance of their duties in conformance with thepolicies and guidelines established by the commission.

25218. In addition to other powers specified in thisdivision, the commission may do any of the following:

(a) Apply for and accept grants, contributions, andappropriations.

(b) Contract for professional services if such work orservices cannot be satisfactorily performed by itsemployees or hy any other state agency.

(c) Be sued and sue.(d) Request and utilize the advice and services of all

federal, state, local, and regional agencies.(e) Adopt any rule or regulation, or take any action, it

deems reasonable and necessary to carry out theprovisions of this division.

(f) Adopt rules and regulations, or take any action, itdeems reasonable and necessary to ensure the free andopen participation of any member of the staff inproceedings before the commission.

25218.5. The provisions specifying any power or dutyof the commission shall be liberally construed, in order tocarry out the objectives of this division.

25219. As to any Inatter involving the federalgovernment, its departments or agencies, which is withinthe scope of the power and duties of the commission, thecommission may represent its interest or the interest ofany county, city, state agency, or public district upon itsrequest, and to that end may correspond. confer, andcooperate with the federal government, its departnlentsor agencies.

25220. The commission may participate as a party, tothe extent that it shall determine, in any proceeding

AB 1575 -14-

beforEwhatscpropo:applicHpplicrecelVapplic

252~

GenerlitigatiAttonwhichother

252~

particlargecertifiallocRadviSEcomITto alladviSEeffectprocecOlnrrconsi(plannconse

252:infonunde]Chap·7, Tit

252to th(mate]resouany aduph

-15-- AB 1575

II be an attorneynd who shall carrylell as other duties

:ies of other staff~ provisions of this

rlission shall direct:l other staff in the>rmance with thethe commission.s specified in thisof the following:~ontributions, and

es if such work orterformed by itscy.

and services of alllCles.take any action, it

o carry out the

take any action, itlsure the free and. of the staff in

any power or dutyIstrued, in order to'T1.

ving the federalies, which is withinIe commission, thet or the interest of:ic district upon itspond, confer, andlt, its departnlents

ipate as a party, ton any proceeding

2 ).')7.) ~.lO .='7

before any federal or state agency having authoritywhatsoever to approve or disapprove any aspect of aproposed facility, receive notice from any applicant of allapplications and pleadings filed subsequently by suchapplicants in any of such proceedings, and, by its request,receive copies of any of such subsequently filedapplications and pleadings that it shall deem necessary.

25221. Upon request of the commission, the AttorneyGeneral shall represent the commission and the state inlitigation concerning affairs of the comlnission, unless theAttorney General represents another state agency, inwhich case the commission shall be authorized to employother counsel.

25222. The adviser shall insure that full and adequateparticipation by all interested groups and the public atlarge is secured in the planning, site and facilitycertification, energy conservation, and emergencyallocation procedures provided in this division. Theadviser shall insure that timely and complete notice ofcommission meetings and public hearings is disseminatedto all interested groups and to the public at large. Theadviser shall also advise such groups and the publi<; as toeffective ways of participating in the commission'sproceedings. The adviser shall recommend to thecOlnmission additional measures to assure openconsideration and public participation in energyplanning, site and facility certification, energyconservation, and emergency allocation proceedings.252~1 The commission shall make available any

information filed or submitted pursuant to this divisionunder the provisions of the California Public Records Act,Chapter 3.5 (commencing with Section 6250) of Division7, Title 1 of the Government Code.

25224. The commission and other state agencies shall,to the fullest extent possible, exchange records, reports,material, and other information relating to energyresources and conservation and power facilities siting, orany ai·eas of mutual concern, to the end that unnecessaryduplication of effort may be avoided.

2 1575 215 60

"~."'" ., , .. ','.. ' ' - . "

~ ~ t l .. • •• ~ '. . #' .tI' _..:. .... ~ ... ~ .-.. f· . •• • • •

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2 1:)7;:; 225 1;2

CHAPTER 4. PLANNING AND FORECASTING (g) A de:urban devegrowth factoenergy and,

25301. Ttelectric utililcommon mEloads and nestablished I

the report SImay transrinformationmethodolog)the electric 1

componentsreasons whythan that est;may waive tJSection 253commissionbusiness of IcOInmissionaccumulatiolutilities is UI

provisions of25302. 01

Section 253<Jshall forwaroUtilities COlAgency, theResearch, aagencies. Thto any perscforward copwithin the s«request thatthe report ifand economopen space, 'elements ofcopy of the J

2---ab 1.17,)

-16-

25300. Every electric utility in the state shall prepareand transmit to the commission within one year after theeffective date of this division, and every two yearsthereafter, a report specifying 5-, 10-, and 20-yearforecasts or assessments of loads and resources for itsservice area. The report shall set forth the facilities which,as detennined by the electric utility, will be required tosupply electric power during the forecast or assessmentperiods. The report shall be in a form specified by thecommission and shall include all of the following:

(a) A tabulation of estimat d peak load~, resources,and reserve margins for each y ar during the 5- and10- ar for cast or assessment periods, and an estimate ofp ak load r sources and re rve margins for the last yearin the 20-year fore~as-t or assessment period.

b list of xisting electric generating plants inservice, with a description of planned and potentialgenerating capacity at existing sites.

(c) A list of facilities which will be needed to serveadditional electrical requirements identified in theforecasts or assessmpnts, the general location of suchfacilities, and the anticipated types of fuel to be utilizedin the proposed facilities.

(d) A description of additional system capacity whichmight be achieved through, among other things,improvements in (1) generating or transmissionefficiency, (2) importation of power, (3~ interstate orinterregional pooling, and (4) other improvements inefficiencies of operation.

(e) An estimation of the availability and cost of fuelresources for the 5-, 10-, and 20-year forecast orassessment periods with a statement by the electric utilitydescribing firm commitments for supplies of fuelrequired during the forecast or assessment periods.

(f) An annual load duration curve and a forecast ofanticipated peak loads for each forecast or assessmentperiod for the residential, commercial, industrial, andsuch other major demand sectors in the service area ofthe electric utility as the commission shall detcrnline.

:\13 1575

(g) A de~cription of projected population growth,urban development, industrial expansion, and othergrowth factors influencing increased demand for electricenergy and the bases for such projections.

25301. The commission shall establish and p-veryelectric utility shall utilize, for purposes of the report, acommon Inethodology for preparing forecasts of futureloads and resources. After applying the commission'sestablished methodology to the mandatory elements ofthe report specified in Section 25300, any electric utilitymay transmit to the commission supplementaryinformation and forecasts based upon ..tn alternativemethodology. If such alternate methodology is employed,the electric utility shall fully describe the data and othercomponents of the methodology, and shall specify thereasons why the approach is considered more accuratethan that established by the commission. The commissionmay waive the requirements of subdivision (d) or (g) ofSection 25300 for any electric utility which thecommission determines is not primarily engaged in thebusiness of generating or selling electricity, when thecOlnmission determines that the collection andaccumulation of any such information from such electricutilities is unnecessary for purposes of carrying out theprovisions of this chapter.

25302. Upon receipt of a report required underSection 25300 from an electric utility, the commissionshall forward copies thereof to the Legislature, the PublicUtilities Comlnission, the Secretary of the ResourcesAgency, the Director of the Office of Planning andResearch, and other concerned state and federalagencies. The report shall also be made available, at cost,to any person upon request. The commission shall alsoforward copies of the report to each city and countywithin the service area covered by the report, and shallrequest that the cit)' and county review and comment onthe report in relation to estimates of population growthand econOlnic development, patterns of land use andopen space, and and conservation and other appropriateelements of the adopted city or county general plan. Acopy of the report shall be 1l1aintained on file for public

·\STI~(;

\hall prepare'ear after the~. two yearsand 20-yearlurces for its~ilities which,r required to>r assessmentdfied by theowing:is, reSOllrces,g the 5- andIn estilnate ofr the last yeard.ng plants inmd potential

~ded to serve~ified in theation of suchto be utilized

llpacity whichClther things,

transillissioninterstate or

ro\"elnents in

Id cost of fuel. forecast orelectric utilityplies of fuelt periods.l a forecast ofor asscssmer.tndustrial, andl'rvicc area ofI determine.

. . ~

-17- AB 1575

inspection in each county.25303. For a period of four months after the receipt of

the reports required under Section 25300 the commissionshall receive the cmnments of any person on the reports.\Vithin such period, the Public Utilities Commission shallsubmit its independent evaluation and analysis of thereports to the commission.

25304. The commission shall review and evaluate theelectric utilities' forecasts of loads and resources, and thecomments of the Public Utilities Commission on suchforecasts, in relation to the population growth estimatesprepared by the Department of Finance, PopulationResearch Unit, and in relation to statewide and regionalland use, transportation, and economic developmentprograms and forecasts. The commission shall alsoexamine the implications of the forecast level of loads andresources on, among other things, all of the following:

(a) Critical environmental and other resources of thestate, including air and water quality, coastal, natural, andother unique areas, and energy resources.

(b) Public health and safety, general welfare~ and thestate's economy.

(c) Capital requirements for new facilities and costs toconsumers of electricity and other forms of energy.

fd) Other significant actors which relate to theprovi ion of electrical ene~gy in the amounts and in themanner proposed by the electric utilities.

The commission shall also consider reasonablealternative methods to those proposed by the electricutilities to meet forecasted electrical energyrequirements.

25305. Within six months after receipt of the reportsspecified in Section 25300, the commission shall prepareand distribute a preliminary report, setting forth itsfindings and conclusions regarding the accuracy andacceptability of the electric utilities' forecasts. The reportshall be based upon information and views presented inthe comments received under Section 25303 and thecommission's independent analysis, and shall contain allof the following:

(a) The commission's evaluation of the probable

AM 1575 -18-

service area andimpact and theand operatingutilities and anecessary by thadverse impact

(b) Any prO'the electrical 4

electric utilities(c) Theantic

energy to befacili ties, and aIenergy to be uticonservation pc

(d) Identific:basis, of requiranticipated levconsideration 0

conservation m(e) An analy

the projected aJenergy may be .amount of suchmeans analyze(the impact of Sl

the commission(a) of this secti

25306. Therequired underunder the san25302.

25307. Withcommission's I25305, the comrat least one shathe views antgovernmental ,person onrecommendati<

25308. Withrequired in Se<

service area and statewide, environmental, and economicimpact and the health and safety aspect of constructingand operating the facilities proposed by the electricutilities and a description of the measures considerednecessary by the commission to avoid or ameliorate anyadverse impacts.

(b) Any proposed alternative methods for meetingthe electrical energy requirements identified by theelectric utilities.

(c) The anticipated 5- and 10-year level of demand forenergy to be utilized as a basis for certification offacilities, and an anticipated 20-year level of demand forenergy to be utilized as a basis for recommending energyconservation policies and actions.

(d) Identification, on a statewide and service areabasis, of required electric facilities consistent with theanticipated level of demand, both before and afterconsideration of the possible impacts of recommendedconservation measures.

(e) An analysis and evaluation of the means by whichthe projected annual rate of demand growth of electricalenergy may be reduced, together with an estimate of theamount of such reduction to be obtained by each of themeans analyzed and evaluated, including a statement ofthe impact of such reduction on the factors reviewed bythe commission set forth in Section 25304 and subdivision(a) of this section.

25306. The commission shall distribute the reportrequired under Section 25305 to the same persons, andunder the same conditions, as prescribed in Section25302.

25307. Within three months after distribution of thecommission's preliminary report pursuant to Section25305, the commission shall hold public hearings of whichat least one shall be in the City of Sacramento to obtainthe views and comments of the electric utilities,governmental agencies, private groups, and any otherperson on the commission's proposals andrecommendations in the preliminary report.

25308. Within 12 months after receipt of the reportsrequired in Section 25300, the commission shall include

fter the receipt of)() the commissionon on the reports.Conlmission shallld analysis of the

r and evaluate theresources, and thenmission on suchgrowth estimates

lance, Populationwide and regionalmic developmentnission shall alsot level of loads andof the following:~r resources of theoastal, natural, andfees.al welfare, and the

.cilities and costs torms of energy.ich relate to the,mounts and in theities.rlsider reasonableed by the electric~lectrical energy

~eipt of the reportsission shall preparet, setting forth itsthe accuracy and

>recasts. The reportviews presented inion 2..3303 and thend shall contain all

of the probable

-19- AB 1575

:\B 1575 -20-

within its biennial report to the Governor and theLegislature, as specified in Section 25309, its final reporton the accuracy and acceptability of the electric utilities'forecasts and on the comnlission's independent analysesand evaluations, as specified in Section 25305.

25309. HeginningJanuary 1,1977, and every two yearsthereafter, the cOInmission shall transmit to the Governorand the Legislature a comprehensive report designed toidentify emerging trends related to energy supply,demand, and conservation and public health and safetyfactors, to specify the level of statewide and service areaelectrical energy demand for each year in theforthcoming 5-, 10-, and 20-year periods, and to providethe basis for state policy and actions in relation thereto,including, but not limited to, approval of new sites foradditional facilities. The report shall include, but not belimited to, all of the following:

(a) An overview, looking 20 years ahead, of statewidegrowth and development as they relate to futurerequirements for energy, including patterns of urbanmetropolitan expansion, statewide and service areaeconomic growth, shifts in transportation modes,Inodifications in building types and design, and othertrends and factors which, as determined by thecommission, will significantly Hffect energy consumptionand need to be considered in formulating state energypolicy and programs.

(b) The level of statewide and service area electricalenergy demand for the forthcoming 5- and 10-yearforecast or assessment period which, in the judgment ofthe cumrnission, will reasonably balance requirenlents ofstate and service area growth and development,protection of public health and safety, preservation ofenvironmental quality, maintenance of a sound economy,and, as may be provided by law, conservation of energyand resources. Such 5- and IO-year forecasts orassessrnen ts established by the commission shall serve asthe basis for planning and certification of facilitiesproposed by electric tltilitics.

(c) The anticipated level of statewide and service areaelectrical energy demand for 20 years, which shall serve

as the basis for reithe Governor, thlpublic and privat€

(1) Demand-rei(2) Conservatio(3) Developme(4) Other polic

rate of growth in I

(d) A list, incluegenerating sites, irhas determined tforthcoming 10-ye

(e ) A list, inappropriate for aincluding the genesites and the type 0

of the facilities wh:will be required t,energy demandspecified in subdh

(f) Based uponassessment of gro~production, identieconomic, or env:iIT'.posed by contimbut not limited to,of energy to conSUland other forms ofsafety, and loss of

(g) Assessmentthe state, includingsolar, and geothernpotential of, andcommercially de\fuels, during the fo:recornrnendationsconserve energy a

(h) An analysis,the projected anmmay be reduced, toof such reduction

as the basis for recommendations by the commission tothe Governor, the Legislature, and other appropriatepublic and private agencies in the following:

(1) Demand-reducing policies.(2) Conservation of energy.(3) Development of potential sources of energy.(4) Other policies and actions designed to affect the

rate of growth in demand for electrical energy.(d) A list, including maps, of existing electrical power

generating sites, indicating those where the commissionhas determined that expansion is feasible within theforthcoming 10-year period.

(e) A list, including maps, of possible areasappropriate for additional electrical generating sites,including the generating capacity to be installed at thesites and the type of fuel and other general characteristicsof the facilities which, as determined by the commission,will be required to meet the 10-year level of electricalenergy demand established by the commission asspecified in subdivision (b) of this section.

(f) Based upon the commission's 20-year forecasts orassessment of growth trends in energy consumption andprodpction, identification of potential adverse social,economic, or environmental impacts which might bein'.posed by continuation of the present trends, including,but not limited to, the costs of electricity and other formsof energy to consumers, significant increases in air, water,and other forms of pollution, threats to public health andsafety, and loss of scenic and natural areas.

(g) Assessment of the energy resources available tothe state, including among others, fossil fuels and nuclear,solar, and geothermal energy resources; assessment of thepotential of, and examination of the availability of,commercially developable fuels, including importedfuels, during the forthcoming 10- and 20-year periods; andrecOITlrnendations regarding measures to be applied toconserve energy and fuels.

(h) An analysis and evaluation of the nleans by whichthe projected annual rate of demand growth of energymay be reduced, together with an estirnate of the arnountof such reduction to be obtained by each of the means

and theiI reportutilities'analyses

wo years;o\'ernor:igned to

supply,ld safety/lce area

in theprovidethereto,sites forIt not be

tatewide) future)f urbanice area

rnodes,ld otherby the

unlption~ energy

~lectrical

IO-year~ment ofrnents ofopment,ation ofconomy,t energy~asts orserve asfacilities

"iCt.' Clrt"Cl

~dl sern~

-21- AB 1575

B 1575 -22-

analyzed and evaluated, including, but not limited to, astatement of the impact of such reduction on the factorsreviewed by the commission set forth in Section 25304and subdivision (a) of this section.

(i) The status of the commission's ongoing researchand development program directed to energy supply,demand, and conservation and description of newprojects which have been proposed for funding asspecified in Chapter 7 (commencing with Section 256(0)of this division.

U) D scription of the commission's adopted plan forem rg ncy measures to be applied in the event ofimp nding serious shortage of electrical and other formsof energy as provided in Chapter 8 (commencing withSection 257(0) of this division.

(k) Recommendations to the Governor and theLegislature for administrative and legislative actionsbased on the results of commission studies andevaluations as specified in this section and in Chapter 5(commencing with Section 254(0).

(I) A list, including maps, of sites and potentialmultiple-facility sites which have been found to beacceptable by the commission pursuant to Sections 25516and 25516.5, including the generating capacity to beinstalled at the site and the type of fuel and other generalcharacteristics of the facilities at such sites.

CHAPTER 5. ENERGY RESOURCES CONSERVATION

25400. The commission shall conduct an ongoingassessment of the opportunities and constraintspresented by all forms of energy. The commission shallencourage the balanced use of all sources of energy tomeet the state's needs and shall seek to avoid possibleundesirable consequences of reliance on a single sourceof energy.

25401. The commission shall continuously carry outstudies, research projects, data collection, and otheractivities required to assess the nature, extent, anddistribution of energy resources f~O meet the needs of thestate, including but not limited to, fossil fuels and solar,

2 1575 310 80

nuclear, and geotlcarry out studieprojects, and da!wasteful, inefficienenergy, including,

(a) Pricing of e'(b) Improved b(c) Restriction '

increase the use oj(d) Improved a(e) Advances ir

technology.(f) Comparison~

methods of energ)The commission

forms of energy onthe Governor andincreases in efficiecommission shallLegislature, as paJSection 25309, reeactions for the 0:

sources ofenergy t,not limited to, fgeothermal energ)inefficient uses of

25402. Withinthis division, the·public hearings, dethe wasteful, uneconsumption of er

(a) Prescribe,climate control syconstruction standenergy. Such stanethat the resultantshall be greater ttrequirements arnebuilding. In prestcommission shall .developed pursua

nuclear, and geothermal energy resources. It shall alsocarry out studies, technical assessments, researchprojects, and data collection directed to reducingwasteful, inefficient, unnecessary, or uneconomic uses ofenergy, including, but not limited to, all of the following:

(a) Pricing of electricity and other forms of energy.(b) Improved building design and insulation.(c) Restriction of promotional activities designed to

increase the use of electrical energy by consumers.(d) Improved appliance efficiency.(e) Advances in power generation and translnission

technology.(f) Comparisons in the efficiencies of alternative

methods of energy utilization.The commission shall survey pursuant to this section all

forms of energy on which to base its recommendations tothe Governor and Legislature for elimination of waste orincreases in efficiency for sources or uses of energy. Thecommission shall transmit to the Governor and theLegislature, as part of the biennial report specified inSection 25309, recommendations for state policy andactions for the orderly development of all potentialsources of energy to meet the state's needs, including, butnot limited to, fossil fuels and solar, nuclear, andgeothermal energy resources, and to reduce wasteful andinefficient uses of energy.

25402. Within 18 months after the effective date ofthis division, the commission shall, after one or morepublic hearings, do all of the following, in order to reducethe wasteful, uneconomic, inefficient, or unnecessaryconsumption of energy:

(a) Prescribe, by regulation, lighting, insulation,climate control systems, and other building design andconstruction standards which increase the efficient use ofenergy. Such standards shall be economically feasible inthat the resultant savings in energy procurement costsshall be greater than the cost of the energy conservingrequirements amortized over the economic life of thebuilding. In prescribing standards for insulation, thecommission shall take into consideration the standardsdeveloped pursuant to Chapter 11 (commencing with

lot lilnited to, an on the factorsrl Section 25304

19oing researchenergy supply,

'iption of newfor funding asrl Section 25600)

dopted plan for[1 the event ofand other formsmmencing with

ernor and thegislative actionsIn studies andnd in Chapter 5

5 and potential~n found to beto Sections 25516

capacity to bend other generalites.

:ONSERVATION

uct an ongoingand constraintscommission shall'ces of energy toto avoid possiblen a single source

luously carry out::tion, and otherLITe, extent, andt the needs of theil fuels and solar,

-23- AB 1575

Section 19870) of Part 3, Division 13 of the Health andSafety Code, which standards shall only be operative untilthe date one year after the date that the commissionadopts regulations for energy insulation for residentialbuildings pursuant to this ~ubdivision. One year after thecOlnmission adopts the regulations pursuant to thissubdivision, no city, county, city and county, or stateagency shall issue any building permit unless thestandards prescribed by the commission pursuant to thissection are satisfied. Whenever the provisions of thissubdivision and the provisions of Chapter 11.5(cOlnmencing with Section 19878) of Part 3 of Division 13of the Health and Safety Code, as to adoption andenforcement of standards for "nonresidential buildings"as defined by Section 19878.1 of the Health and SafetyCode, are in conflict, the commission shall be governedby the provisions of such chapter of the Health and SafetyCode to the extent of such conflict.

(b) Recommend per unit energy requirementallotments based on square footage for various classes ofbuildings which would reduce the growth rate ofelectrical energy consumption and which are technicallyfeasible and will provide adequate safeguards for publichealth, safety, and welfare. No city, county, city andcounty, or state agency shall issue any permit for theconstruction of any building unless the applicant certifiesthat consideration has been given to such energyrequircrnent allotments, which certification shall includea statement specifying the extent to which conformance\\,ith the relevant recomrrlended allotment will beachieved.

(c) By regulation, prescribe standards for rninimumlevels of operating efficiency, based on a reasonable usepattern, for all appliances whose use, as determined bythe commission, requires a significant amount of energyon a statewide basis. Such minimum levels of operatingefficiency shall be based on feasible and attainableefficiencies or feasible improved efficiencies which willreduce the electrical energy consumption growth rate.Olle year after the date of the adoption of such standards,no new appliance rnay be sold or offered for sale in the

AB 1575 -24-

state which is rto be in complishall be drawntotal costs to t11appliances CoOt

(d) Recomrrthe operation 0

are technicallyrelated facility(commencing'the applicant (the commissicertification s1extent to whicstandards will 1

Whenever tprovisions of (19878) of PartCode are in COlthe provisionsCode to the eJj

25403. TheUtilities Comrrutility, recomrunnecessary,resulting fromdifferential ratldisallowance (promotional ~

electrical powmeasures. Theowned electrilrecOlnmendatidate it receive~to the Govenreasons therefc

25404. TheOffice of Plamand other inte:ensure that JI]

inefficient, ani

2 1575 355 90

state which is not certified by the manufacturer thereofto be in compliance with such standards. Such standardsshall be drawn so that they do not result in any addedtotal costs to the consumer over the designed life of theappliances concerned.

(d) Recommend minimum standards of efficiency forthe operation of any new facility at a particular site whichare technically and economically feasible. No site andrelated facility shall be certified pursuant to Chapter 6(commencing with Section 255(0) of this division, unlessthe applicant certifies that standards recommended bythe commission have been considered, whichcertification shall include a statement specifying theextent to which conformance with the recommendedstandards will be achieved.

Whenever the provisions of this section and theprovisions of Chapter 11.5 (commencing with Section19878) of Part 3 of Division 13 of the Health and SafetyCode are in conflict, the commission shall be governed bythe provisions of such chapter of the Health and SafetyCode to the extent of such conflict.

25403. The commission shall submit to the PublicUtilities Commission and to any publicly owned electricutility, recommendations designed to reduce wasteful,unnecessary, or uneconomic energy consumptionresulting from practices including, but not limited to,differential rate structures, cost-of-service allocations, thedisallowance of a business expense of advertising orpromotional activities which encourage the use ofelectrical power, peakload pricing, and other pricingmeasures. The Public Utilities Commission or publiclyowned electric utility shall review and consider suchrecOlnlnendations and shall, within six months after theelate it receives them, as prescribed by this section, reportto the Governor and the Legislature its actions andreasons therefor with respect to such recommendations.

25404. The comlnission shall cooperate with theOffice of Planning and Research, the Resources Agencyand other interested parties in developing procedures toensure that n1itigation measures to minimize wasteful,inefficient, and unnecessary consumption of energy are

the Ilealth and. operative until:he eOllllllission

for residentialIe year after thelrsuant to this'ounty, or statenit unless thepursuant to thisovisions of this

Chapter 11.5t 3 of Division 13) adoption and~ntial buildings"~alth and Safetyall be governedealth and Safety

~' requirelnentrarious classes of~rowth rate ofh are technically:uards for public'ounty, city and

permit for the~plicant certifies:0 such energy:ion shall includech confonnanceJtIncn t will be

Js for Ininirnumit reasonable use.; detcnnincd bymount of energy"cis of operating

and attainablencics \vhich \'v illion growth relte,d' such standards,.<1 for ,.;ale in the

-25- AB 1575

included in all environmental impact reports required onlocal projects as specified in Section 21151.

25405. A city, county, or city and county may byordinance or resolution prescribe a schedule of feessufficient to pay the costs incurred in the enforcement ofstandards adopted pursuant to this chapter.

CHAPTER 6. POWER FACILITY AND SITECERTIFICATION

25500. In accordance with the prOVISIons of thisdivision, the commission shall have the exclusive powerto certify all sites and related facilities in the state, exceptfor any site and related facility proposed to be located inthe permit area, whether a new site and related facilityor a change or addition to an existing facility. Theissuance of a certificate by the commission shall be in lieuof any permit, certificate, or similar document requiredby any state, local or regional agency, or federal agencyto the extent permitted by federal law, for such use of thesite and related facilities, and shall supersede anyapplicable statute, ordinance, or regulation of any state,local, or regional agency, or federal agency to the extentpermitted by federal law.

After the effective date of this division, no constructionof any facility or modification of any existing facility shallbe commenced without first obtaining certification forany such site and related facility by the commission, asprescribed in this division.

25500.5. The commission shall certify sufficient sitesand related facilities which are required to provide asupply of electric power sufficient to accommodate thedemand projected in the most recent forecast ofstatewide and service area electric power demandsadopted pursuant to subdivision (b) of Section 25309.

25501. The provisions of this chapter do not apply toany site and related facility which meets either of thefollowing requirements:

(a) For which the Public Utilities Commission hasissued a ccrtifirate of public convenience and necessitybefore the LL ,i i ,Ie date of this division.

AB 1575 -26-

(b) For whichwithin three yean

25501.3. A prodeemed to be oncommence withirthis division withSection 25501, if ~

(a) The planncapacity are consieither set forth iJand 3 of GenerCommission as ofin a report of a p

(b) The need tyears from the eflrelated to the pI:related facility.

(c) Substantialcommitted foracquisition, or eqrelated facility pI

25501.5. The:following proposeestimated genenof subdivision (b

(a) As designaElectric Compa:Commission on rand 3 of Gene]Commission, thrca generating cap~

as Potrero Unit ~

be located in theturbine powerplmegawatts, comlbe located in theturbine powerplmegawatts, comlpowerplant halmegawatts, comlocated in Sono

2 1575 383 98

(b) For which construction is planned to commencewithin three years from the effective date of this division.

25501.3. A proposed site and related facility shall bedeemed to be one for which construction is planned tocommence within three years from the effective date ofthis division within the meaning of subdivision (b) ofSection 25501, if all of the following are satisfied:

(a) The planned operating date and the plannedcapacity are consistent with the forecast of electric loadseither set forth in a report submitted under Sections 2and 3 of General Order 131 of the Public UtilitiesCommission as of March 31, 1974, or otherwise disclosedin a report of a public agency as of March 31, 1974.

(b) The need to commence construction within threeyears from the effective date of this division is reasonablyrelated to the planned operating date of such site andrelated facility.

(c) Substantial funds have been expended orcommitted for planning, site investigations, siteacquisition, or equipment procurement for such site andrelated facility prior to the effective date of this division.

25501.5. The Legislature finds and declares that thefollowing proposed sites and facilities with the associatedestimated generating capacities meet the requirementsof subdivision (b) of Section 25501:

(a) As designated in the report of the Pacific Gas andElectric Company submitted to the Public UtilitiesCommission on March 1, 1974, in response to Sections 2and 3 of General Order 131 of the Public UtilitiesCommission, three gas turbine powerplants, each havinga generating capacity of52 megawatts, commonly knownas Potrero Unit 4, Potrero Unit 5 and Potrero Unit 6, tobe located in the City and County of San Francisco; a gasturbine powerplant having a generating capacity of 52megawatts, commonly known as Hunters Point Unit 1, tobe located in the City and County of San Francisco; a gasturbine powerplant having a generating capacity of 200megawatts, commonly known as Station C; a geothermalpowerplant having a generating capacity of 106megawatts, commonly known as Geysers Unit 12, to belocated in Sonoma County; a geothermal powerplant

; required on

nty Inay bydule of feesforcement of

) SITE

,ions of thislusive powerstate, exceptbe located in'lated facilityfacility. Thelall be in lieuent requiredderal agencyIch use of thepersede anyof any state,

to the extent

construction~ facili ty shalltification formmission, as

Ifficient sitesto provide anmodate the

forecast ofer demandstion 25309.not apply to~ither of the

lmission hasmd necessity

-27- AB 1575

2 1;;75 1Hfi 101

having a generating capacity of 110 megawatts,commonly known as Geysers Unit 14, to be located inSonoma County; a geothermal powerplant having agenerating capacity of 55 megawatts, commonly knownas Geysers Unit 15, to be located in Sonoma County; ageothermal powerplant having a generating capacity of135 megawatts, commonly known as Geysers Unit 13, tobe located in Lake County; a geothermal powerplanthaving a generating capacity of 110 megawatts, plannedfor operation in 1978, to be located in Sonoma County orLake County; a geothermal powerplant having agenerating capacity of 110 megawatts, planned foroperation in 1979, to be located in Sonoma County orLake County; a combined-cycle powerplant having agenerating capacity of 800 megawatts, commonly knownas Thermal 78, to be located in Contra Costa County nearthe City ~f Pittsburg; two combined-cycle powerplants,each haVIng a generating capacity of 800 megawatts,commonly known as Thermal 79 and Therrnal 81 to belocated in Contra Costa County or Solano County; and anuclear powerplant having a generating capacity of 1,100megawatts, commonly known as Nuclear A to be locatedin ~egion 1, as shown on page 27 of the report of thePacIfi~ Gas and Electric Company submitted March 1,1974, In response to Sections 2 and 3 of General Order 131of the Public Utilities Commission, or at the locationcommonly known as Diablo Canyon in San Luis ObispoCounty.

(b) As described in thE; report of the SouthernCalifornia Edison Companv submitted to the PublicUtilities Commission on M~rch 8, 1974, in response toSections 2 and 3 of General Order 131 of the PublicUtilities. Commission, two combined-cycle powerplants,each wIth a generating capacity of 236 rnegawatts,commonly known as Cool Water Unit 3 and Cool WaterUnit; ~, to be located in San Bernardino (:ounty; sixcomo~ned-cycle powerplants, each having a generatingcapa~lty of 236 megawatts, cornmonly known asHunt~ngton Beach Unit 6, Huntington Beach Unit 7,Huntmgton Beach Unit 8, Huntington Beach Unit 9,HuntIngton Beach Unit 10 and Huntington Reach Unit

AM 1575 -28-

11, to be locatedcombined-cyclecapacity of 414 mValley Unit 1, LuUnit 3, to be locanuclear powerpl:of 760 megawa'Nuclear Project.

(c) As descril:and Electric COlCommission on ~

and 3 of GeneCommission, twcgenerating capatas South Bay G.Turbine Unit 4,fossil-fueled pow292 megawatts, (located in Sarpowerplant halmegawatts, planin San Diego Co'generating cap:known as the DRiverside Count

(d) As descrilElectric Compasubmitted Marc:of the GeneraCommission, agenerating capaas SMUD Gas'County; and a rcapacity of 1,100Seco Unit 2, to .

(e ) As descriWater and POW(the Public Utiliresponse to SeclPublic Utilities (a generating c

2 )37,):~ 101

11, to be located in the City of Huntington Beach; threecOlnbined-cycle powerplants, each with a generatingcapacity of 414 megawatts, commonly known as LucerneValley Unit I, Lucerne Valley Unit 2 and Lucerne ValleyUnit 3, to be located in San Bernardino County; and twonuclear powerplants, each having a generating capacityof 760 megawatts, commonly known as the Desert:\J udear Project.

(c) As described in the report of the San Diego Gasand Electric Company submitted to the Public UtilitiesCOInmission on March 22, 1974, in response to Sections 2and 3 of General Order 131 of the Public UtilitiesCommission, two gas turbine powerplants, each having agenerating capacity of 64 megawatts, commonly knownas South Bay Gas Turbine Unit 3 and South Bay GasTurbine Unit 4, to be located in San Diego County; afossil-fueled powerplant having a generating capacity of292 megawatts, commonly known as Encina Unit 5, to belocated in San Diego County; a combined-cyclepowerplant having a generating capacity of 404Inegawatts, planned for operation in 1979, to be locatedin San Diego County; and a nuclear powerplant having agenerating capacity of 1,200 megawatts, commonlyknown as the Desert Nuclear Project, to be located inRiverside County.

(d) As described in the report of the Pacific Gas andElectric Company to the Public Utilities Commissionsubmitted March 1, 1974, in response to Sections 2 and 3of the General Order 131 of the Public UtilitiesCmnmission, a gas turbine powerplant having agenerating capacity of 150 rnegawatts, comlnonly knownas SMUIJ Gas Turbines, to be located in SacramentoCounty; and a nuclear powerplant haVing a generatingcapacity of 1,100 rnegawatts, commonly known as RanchoSeco Unit 2, to be located in Sacramento County.

(e) As described in the report of the Department ofWater and Power of the City of Los Angeles submitted tothe Public Utilities Commission on March ]8, 1974, inresponse to Sections 2 and 3 of General Order 131 of thePublic Utilities Commission, a nuclear powerplant havinga generating capacity of 1,300 megawatts, commonly

110 nlPgawatts,~ ,

-t. to be located in.....erplant having a, conullonly knownSonorna (~ounty; alerating capacity ofGeysers Unit 13, tolennal powerplantflegawatts, plannedSononla County orerplant having a~'atts, planned for~onoma Count\' orwerplant havi~g a,commonlv knownCosta Cou"ntv nearcycle powerplants,of 800 rnegawatts,Theflllal 81, to be

lano County; and aI1g capacity of 1,100ear A to be located~ the report of theJbmitted "larch I,General Order 131or at the locationin San Luis Obispo

of the Southernted to the Public174, in response to1.31 of the Public

::yde powerplants,If 236 rnegawatts,.1 and Cool Waterrdino County; sixl\'ing a generatingllonl~~ known ason Beach Unit 7,on Beach Unit 9,n,t.;tof} Ht'jwh {lnit

-29- AB 1575

AB 1575 -30-

known as the San Joaquin Nuclear Project, to be locatedin Kern County near the City of Wasco.

(f) Four geothermal powerplants, each having agenerating capacity of 55 megawatts, presently plannedto be constructed by the City of Burbank and to belocated in Imperial County.

(g) Four geothermal powerplants, each having agenerating capacity of 55 megawatts, presently plannedto be constructed by the City of Burbank and located inInyo County.

(h) Two geothermal powerplants, each having agenerating capacity of 110 megawatts, presently plannedto be constructed by the Northern California PowerAgency and located in Sonoma County.

Nothing in this section shall be construed to indicatethat the sites and facilities specified in this section areapproved by the Legislature. The inclusion of any siteand related facility in this section means that theprovisions of this chapter do not apply to any such site orfacility, to the extent that Section 25501.7 or 25502.3 ismade applicable, and that such site and related facility issubject to any and all other provisions of law.

25301.7. Any person proposing to construct a facilityor a site to which Section 25501 applies may waive theexclusion of such site and related facility from theprovisions of this chapter by submitting to thecommission a notice to that effect on or after July 1, 1976,and any and all of the provisions of this chapter shallapply to the construction of such facility.

25502. Each person proposing to construct a thermalpowerplan or electric transmission line on a site shallsubmit to the commission notice of intention to file anapplication for the certification of such site and relatedfacility or facilities. The notice shall be an attemptprimarily to determine the suitability of the proposedsites to accommodate the facilities and to determine thegeneral conformity of the proposed sites and relatedfacilities with standard of the commission and forecastsadopted pursuant to Sections 25216.3 and 25309. Thenotice sJ .ill be in the form prescribed by the commissi'Jlland shall be supported by such information as the

2 1575 390 105

commission may rAny site and

acceptable pursUlcontinue to be, eli~for certification wia notice under thi

25502.3. Excep'person proposing tprovisions of this I

submitting to the (an application forprovisions of this (of such faciIi ty.

255u2.5. The nalternative sitesgenerating faciliti~

before the effecti,east of the town ofthe location comnLuis Obispo CourContra Costa Cou

25503. Each n<shall contain at Iefacilities, at leastwhole or in partalternative sites aproposed frompreviously been a:of intent or ma~

examined. If m<proposed, the cormethods of provi,the proposed moc

25504. The nstatement by the,proposed sites by :and county; a sumthe facilities; themethods of conS1location of facilipreliminary stat

2 1575 400 lOH

commission may require.Any site and related facility once found to be

acceptable pursuant to Section 25516 is, and shallcontinue to be, eligible for consideration in an applicationfor certification without further proceedings required fora notice under this chapter.

25502.3. Except as provided in Section 25501.7, anyperson proposing to construct a facility excluded from theprovisions of this chapter may waive such exclusion bysubmitting to the commission a notice of intention to filean application for certification, and any and all of theprovisions of this chapter shall apply to the constructionof such facility.

255U2.5. The notice is not required to contain threealternative sites and related facilities for additionalgenerating facilities on iand owned by an electric utilitybefore the effective date of this division at existing siteseast of the town of Clay Station in Sacramento County, inthe location commonly known as Diablo Canyon in SanLuis Obispo County, and near the City of Pittsburg inContra Costa County.

25503. Each notice of intention to file an applicationshall contain at least three alternative sites and relatedfacilities, at least one of which shall not be located inwhole or in part in the coastal zone. In addition, thealternative sites and related electrical facilities may beproposed from an inventory of sites which havepreviously been approved by the commission in a noticeof intent or may be proposed from sites previouslyexamined. If modification of an existing facility isproposed, the commission may require that alternativemethods of providing the additional service or makingthe proposed modification be specified in the notice.

25504. The notice of intention shall include astatement by the applicant describing the location of theproposed sites by section or sections, range and township,and county; a summary of the proposed design criteria ofthe facilities; the type or types of fuels to be used; themethods of construction and operation; the proposedlocation of facilities and structures on each site; apreliminary statement of the relative economic,

ject, to be located~.

each having anesently piannedlrbank and to be

, each having alresently plannedLIlk and located in

, each having apresently plannedCalifornia Powery.strued to indicaten this section are~lusion of any sitemeans that the

to any such site or>01.7 or 255(;2.3 isj related facility isi of law.:onstruct a facilityes may waive thefacili ty from thebmitting to ther after July 1, 1976,this chapter shallity.mstruct a thermalne on a si te shallltention to file anh site and relatedI be an attempt

of the proposedto determine thesites and relatedsion and forecasts~ and 25309. The>}' the commissionformation ,15 the

-31~ AB 1575

:\B 1575 -32-

technological, and environmental advantages anddisadvantages of the alternative site and related facilityproposals; a statement of need for the facility andinformation showing the compatibility of the proposalswith the most recent biennial report issued pursuant toSection 25309; and any other information that an electricutility deems desirable to submit to the commission.

25504.5. An applicant may, in the notice, propose asite to be approved which will accommodate a potentialmaximum electric generating capacity in excess of thecapacity being proposed for the initial approval of theconlmission. If such a proposal is made, the notice shallinclude, but not be limited to, in addition to theinformation specified in Section 25504, all of thefollowing:

(a) The number, type, and energy source of electricgenerating units which the site is proposed ultimately toaccommodate and the maximum generating capacity foreach unit.

(b) The projected installation schedule for each unit.(c) The impact at the site when fully developed, on

the envirorunent and public health and safety.(d) The amount and sources of cooling water needed

at the fully developed site.(e) The location and specifications of auxiliary

facilities planned for each state of developmentincluding, but not limited to, pipelines, waste storagefacilities, fuel storage facilities, switchyards, coolant lines,coolant outfalls, and cooling ponds, lakes, or towers.

25505. Upon receipt of a notice, the commission shallcause a summary of the notice to be published in anewspaper of general circulation in each county in whichthe sites and related facilities, or any part thereof,designated in the notice are proposed to be located. Thecommission shall also transmit a copy of the notice to thePublic Utilities Commission, for sites and related facilitiesrequiring a certificate of public convenience andnecessity, and to other federal, state, regional, and localagencies having an interest in matters pertinent to theproposed facilities at any of the alternative sites. A copyof the notice shall also be transmitted to the Attorney

2 1.57:') 415 III

General.25506. The cor

local, regional, S'

comments and reoperation, and locnotice, in relationand safet),; and 0

expertise.25506.5. The (

Utilities Commis:requiring a certnecessity, to rna]regarding the dEfacilities designateconomic, financiimplications of thl

25507. If anyproposed in the n(or in part, within ta site and related:the California Cothe commission sbCalifornia Coastalcommission shall rConservation Corcoastal zone site:prelirilinary findirand related facilit)report required ~

25508. The corender adviceConservation Concoastal zone coapplications for albe located, in wh(requested by theCommission or ::commission, andCalifornia Coastalregional coastalparticipate in pul

3-ab 1575

General.25506. The commission shall request the appropriate

local, regional, state, and federal agencies to makecomments and recommendations regarding the design,operation, and location of the facilities designated in thenotice, in relation to environmental quality, public healthand safety, and other factors on which they may haveexpertise.

25506.5. The commiSSion shall request the PublicUtilities Commission, for sites and related facilitiesrequiring a certificate of public convenience andnecessity, to make comments and recommendationsregarding the design, operation, and location of thefacilities designated in the notice in relation to theeconomic, financial, rate, system reliability, and serviceimplications of the proposed facilities.

25507. If any alternative site and related facilityproposed in the notice is proposed to be located, in wholeor in part, within the coastal zone and if a permit for sucha site and related facility is required to be obtained fromthe California Coastal Zone Conservation Commission,the commission shall transmit a copy of the notice to theCalifornia Coastal Zone Conservation Commission. Thecommission shall request that the California Coastal ZoneConseryation Commission complete an analysis of anycoastal zone site and related facility and forwardprelirninary findings of the acceptability of any such siteand related facility prior to completion of the preliminaryreport required by S~ction 25510.

25508. The commission shall cooperate with, andrender advice to, the California Coastal ZoneConservation Commission and any appropriate regionalcoastal zone conservation commission in studyingapplications for any site and related facility proposed tobe located, in whole or in part, within the permit area, ifrequested by the California Coastal Zone ConservationCommission or a regional coastal zone conservationcommission, and may invite the members of theCalifornia Coastal Zone Conservation Commission andregional coastal zone conservation commissions toparticipate in public hearings on the notice and on the

ad\'antagps andlIld relate-d facilitv

J

. the facility andy of the proposalsissue-d pursuant toion that an electriche cOlllInission.

notice-, propose amodate a potentialt\- in excess of thecal (ipproval of thel~. the notice shalll addition to the25504, all of the

, source of electric)osed ultimately to~rating ~apacity for

-dule for each unit.ully developed, onnd safety.>ling water needed

:ions of auxiliaryof development

nes, waste storage~'ards, coolant lines,lkes, or towers.Ie commission shallbe published in a.ch county in whichany part thereof,I to be located. Theof the notice to thend related facilitiescon\'eniencc andregional, and local

rs pertinent to thewtivc sites, :\ copy.{) to the :\ttorney

~ I.Yii 41.') III :>-ab 1575

-33- AB 1575

2 1575 430 114

-34-

application for site and related facility certification, inconnection with Inatters of n1utual concern, as interestedparties in such proceedings.

25509. The comlnission shall conduct a publicinformational hearing or hearings in the county of theproposed sites and related facilities no earlier than 60 norlater than 90 days from receipt of a notice of intention tofile an application. The place of such public informationalhearing or hearings shall be as close as practicable to theproposed sites. Any person may participate to the extentdeemed reasonable and relevant by the presidingmember of the cOInmission, in any such hearing. Suchhearings on the original three sites and related facilitiesshall be concluded within 90 days of theircomnlencement. Such hearings shall be conducted inorder to accomplish all of the following purposes:

(a) To set forth the electrical demand basis for theproposed site and related facility.

(b) To provide knowledge and understanding ofproposed facilities and sites.

(c) To obtain the views and comments of the publicand concerned governmental agencies on theenvironmental, public heaith and safety, economic,social, and land use ilnpacts of the facility at the proposedsites.

(d) To solicit information regarding reasonablealternative sources of the electric generating capacity orenergy to be provided by alternative sites and relatedfacilities, or combinations thereof, which will better carryout the policies and objectives of this division.

25510. Within 90 days after the conclusion of suchhearing or hearings, the cornmission shall prepare andmake public a preliminary report on the notice ofintention to file an application. Such report shall containthe comments and recommendations of local authoritiesas to the construction of any thermal powerplant orelectric transmission line on a particular site. Thecommission may include within the prelirninary reportany other alternatives proposed by the cornrnission orpresented to the cornrnission at a public hearing prior topreparation of the preliminary report. The prelirninary

2 1575 445 117

report shall be pub]public <.llld to interestagencies.

25511. The comrrelated to safety andthe alternative sites dto other informatiorcommission shall, in (sites and related facion proposed emerge]plans for transport, tfuels, proposed metllnuclear fuels, speci2seismic and other pobcontrol density ofnuclear powerplants,commission may dEreliability and safetyThe commission shalby the applicant, suponsite investigationsshall determine the ~

the applicant to proshall include its finrequired by Section ~

25512. The preHntestimony presentedthe comments tranCommission and 10agencies and the plindependent studies (The preliminary n:conclusions, withinrequired in Sections:respect to all of the j

(a) The degree tcrelated facility pr0I=presented at a hearin.is in conformity with

(1) The forecast 01power demands adl

2 1575 455 119

report shall be published and made available to thepublic: "J to interested local, regional, state, and federalagencies.

25511. The commission shall review the factorsrelated to safety and reliability of the facilities at each ofthe alternative sites designated in the notice. In additionto other information requested of the applicant, thecommission shall, in determining the appropriateness ofsites and related facilities, require detailed informationon proposed emergency systems and safety precautions,plans for transport, handling and storage of wastes andfuels, proposed methods to prevent illegal diversion ofnuclear fuels, special design features to account forseismic and other potential hazards, proposed methods tocontrol density of population in areas surroundingnuclear powerplants, and such other information as thecommission may determine to be relevant to thereliability and safety of the facility at the proposed sites.The commission shall analyze the information providedby the applicant, supplementing it, where necessary, byonsite investigations and other studies. The commissionshall determine the adequacy of measures proposed bythe applicant to protect public health and safety, andshall include its findings in the preliminary reportrequired by Section 25510.

25512. The preliminary report shall be based upontestimony presented during any hearing on the notice,the comments transmitted by the Public UtilitiesCommission and local, regional, state, and federalagencies and the public to the commission, and theindependent studies conducted by the commission's staff.The preliminary report shall include findings andconclusions, within the limitation of the informationrequired in Sections 25502, 25503, 25504, and 25511, withrespect to all of the following:

(a) The degree to which each alternative site andrelated facility proposal designated in the notice orpresented at a hearing and considered by the commissionis in conformity with both of the following:

(1) The forecast of statewide and service are? electricpower demands adopted pursuant to Section 25309,

·rtifieation. in. as interested

let a publiccounty of theer than 60 nor)f intention toinfonnational~ticable to the. to the extenthe presidinghearing. Suchlated facilities,'s of theirconducted inJrposes:basis for the

~rstanding of

of the publicies on the:Yt economlCt: the proposed

5 reasonablerIg capacity or~s and relatedII better carry:iion.usion of such, prepare and:hc notice oft shall contai:1~al authorities,owcrplant orlar site. Thellinary reportOII1Illission or'.Hing prior to(. prelilllin~uy

~ I}'.'j ..H,"i 117

-35- AB 1575

except as provided in Sectio~ 25514.5.(2) Applicable local, regIonal, state, and federal

standards, ordinances, and laws. .,(b) The relative merit of each alt~rnatIve sIt.e and

related facility proposal designated In ~he notIce orpresented at a public hearing and consIdered by thecomnlission.

(c) The safety and reliability of the f~cility or facil.itiesat each of the sites designated in the notIce as determInedby the commission pursuant to Section 25511.

25513. Within 30 days of the publication of thepreliminary report, a copy of the report wi~l bedistributed to any person requesting the report pnor todistribution. Any such person may respond in writi~g tothe preliminary report. Such re 'punse shall be ~ub.mlt~edto the commission no later than 60 days after dlstnbutlOnof the report.

25514. No later than 120 days after distribution of thepreliminary report, a final report shall be prepared anddistributed. The final report shall include, but not belimited to, all of the following:

(a) The findings and conclusions of the commissionregarding the conformity of alternative sites and relatedfacilities designated in the notice or presented at theinformational hearing or hearings and reviewed by thecommission with both of the following:

(1) The 10-year forecast of statewide and service areaelectric power demands adopted pursuant to subdivision(b) of Section 25309, except as provided in Section25514.5.

(2) The provisions of any state law or local or regionalordinance or regulation, including any long-range landuse plans or guidelines adopted by the state or by anylocal or regional planning agency, which would beapplicable but for the exclusive authority of thecommission to certify sites and related facilities; and thestandards adopted by the commission pursuant to Section25216.3.

(b) Any findings and comrnents submitted by theCalifornia Coastal Zone Conservation Commission or anyregional coa~}tal zone conserv~tioncomnlission regarding

AB 1575 -36-

conformity 01coastal zoneestablished tcomments, hopermit requconservationConservation

(c) The CO]

each alternatior presentedcommission.proposal, the cdesign, constrwill meet testablished b)

(d) Any co:for any site athe commissicof Section 25E

25514.3. Iror criteria pUIfacilities requinecessity, theand recommeon the econoservice impliccriteria.

25514.5. Irproposed tcpower-genendetermining,conformity ojthe 10-year fopower demarSection 2530~J

ini tial facili titforthcomingprojected to lforthcoming]determinatioldemand forel

2 1.'575 470 122

-37- AB 157514.5.. state, and federal

1 alternative site andted in the notice orld considered by the

the facility or facilitiese notice as determined~ction 25511.e publication of the

the report will beng the report prior to. respond in writing to-nse shall be submitteddays after distribution

fter distribution of theshall be prepared and.I include, but not be

Ins of the commissionlative sites and related~ or presented at theand reviewed by the

wIng:~wide and service areamrsuant to subdivision

provided in Section

aw or local or regional~ any long-range land'y the state or by anycy, which would beve authority of theated facilities; and theon pursuant to Section

1t5 submitted by theon Cornmission or anycomrnission regarding

2 1.57.5 47U 122

conformity of any siting alternative proposed in thecoastal zone with policies, regulations, or guidelinesestablished by the commission. Such findings andcomments, however, shall not constitute approval of anypermit required from any regional coastal zoneconservation commission or California Coastal ZoneConservation Commission on appeal.

(c) The commission's findings on the acceptability ofeach alternative siting proposal designated in the noticeor presented at the hearings and reviewed by thecommission. In its findings on any alternative sitingproposal, the commission may specify modification in thedesign, construction, location, or other conditions whichwill meet the standards, policies, and guidelinesestablished by the commission.

(d) Any conditions, modifications, or criteria proposedfor any site and related facility proposal resulting fromthe commission's evaluation pursuant to subdivision (c)of Section 25512.

25514.3. In specifying any modifications, conditions,or criteria pursuant to Section 25514, for sites and relatedfacilities requiring a certificate of public convenience andnecessity, the commission shall request the commentsand recommendations of the Public Utilities Commissionon the economic, financial, rate, sy'item reliability, andservice implications of such modifications, conditions, orcriteria.

25514.5. In considering the acceptability of a siteproposed to accommodate ultimately additionalpower-generating capacity, the commission, indetermining, pursuant to Sections 25514 and 25512, theconformity of the facilities proposed in the notice withthe IO-year forecast of statewide and service area electricpower demands adopted pursuant to subdivision (b) ofSection 25309, shall base its determination only on suchinitial facilities as are proposed for operation within theforthcoming 10-year period. Additional facilitiesprojected to be operating at the site at a time beyond theforthcoming IO-year period shall not be considered in thedetermination of conformity with the electric powerdemand forecast.

2 1575 4&5 125

B 1575 -3 -

25515. No later than 30 days after the final report isdistributed. a hearing or hearings on the final report shallbe commenced. Such hearings shall be concluded within30 days of their commencement.

25516. The approval of the notice by the commissionshall be based upon findings pursuant to Section 25514.The commission's decision s~lall be issued within 60 days ~after the conclusion of the hearings on the final report.The notice shall not be approved unless the commissionfinds at least two alternative site and related facilityproposals considered in the commission's final report asacceptable. If the commission does not find at least twosites and related facilities acceptable, additional sites andrelated facilities may be proposed by the applicant whichshall be considered in the same manner as those proposedin the original notice.

If the commission finds that a good faith effort has beenmade by the person submitting the notice to find allacceptable alternative site and related facility and thatthere is only one acceptable site and related facilityamong those submitted, the commission may approve thenotice based on the one site and related facility. If anotice is approved based on one site and related facility,the commission may require a new notice to be filed toidentify acceptable alternative sites and related facilitiesfor the one site and related facility approved.

If the commission finds that additional electricgenerating capacity is needed to accommodate theelectric power demand forecast pursuant to subdivision(b) of Section 25309 and, after the commission finds thata good faith effort was made by the person submitting thenotice to propose an acceptable site and related facility, ~

it fails to find any proposed site and related facility to be ,acceptable, the commission shall designate, at the requestof and at the expense of the person submitting the notice,a feasible site and related facility for providing theneeded electric generating capacity.

2.5.516.5. On a notice which proposes an expandedultimate electric generating capacity for a site, thecornrnission may, based upon findings pursuant to Section2.5.514, either approve the notice only for the initial

2 157;; 445 127

facility or facilitieforthcoming 10-yefor the initial faeacceptable for addtentatively proposand type of such acby the commissior

If a notice is ap};:particular site is sadditional genendesignated a p<commission may, :potential ffiultipltcriteria necessary twill not exceed th

25517. Except25501.3. after theconstruction of atransmission line :utility without firsin this division. Anas construction ndetermined by ththe environment.

25518. ExceptSection 25501. theno certificate of psite or related eleobtained H certific

25~jI8.5. NothiIconcurrent initiatipublic convenienUtilities ComnlissiSection 25518.

25519. (a) In (and related facilit)site and related faeSuch applicationcmnmission and slater than 18 nl'COlnm~nce. Such

facility or facilities proposed for operation within theforthcoming 10-year period or may approve the noticefor the initial facility or facilities and find the siteacceptable for additional generating capacity of the typetentatively proposed. The maximum allowable amountand type of such additional capacity shall be determinedby the commission.

If a notice is approved which includes a finding that aparticular site is suitable to accommodate a particularadditional generating capacity, the site shall bedesignated a potential multiple-facility site. Thecommission may, in determining the acceptability of apotential multiple-facility site, specify conditions orcriteria necessary to insure that future additional facilitieswill not exceed the limitations of the site.

25517. Except as provided in Sections 25501 and25501.3, after the effective date of this division, noconstruction of any thermal powerplant or electrictransmission line shall be commenced by any electricutility without first obtaining certification as prescribedin this division. Any onsite improvements not qualifyingas construction may be required to be restored asdetermined by the cOlnmission as necessary to protectthe environment, if certification is denied.

25518. Except as provided in subdivision (b) ofSection 25501, the Public Utilities Commission shall issueno certificate of public convenience and necessity for asite or related electrical facilities unl~ss the utility hasobtained a certificate from the commission.

25.518.5. Nothing in this division shall preclude theconcurrent initiation of an application for a certificate ofpublic convenience and necessity from the PublicUtilities Commission subject to the condition specified inSection 25518.

25519. (a) In order to obtain certification for a siteand related facility, an application for certification of suchsite and related facility shall be filed with the commission.Such application shall be in a form prescribed by thecOInmission and shall be filed with the commission nolater than 18 rnonths before any construction is tocOlnm~nce. Such application shall be for a site and

nal report is.1 report shallludl"d within

~ cOllunissionection 25514.'ithin 60 daysfinal report.

~ cOInmIssIonlated facilityinal report asI at least twoanal sites andplicant whichlose proposed

ffort has been~e to find anility and that~lated facilityy approve theI facility. If a~lated facility,to be filed to

lated facilitieslcd.onal electricnmodate theto subdivision~ion finds thatubrnitting the?-lated facility, ~

:l facili ty to be ,at the requestlng the notice,Jroviding the

an expandedlr a site, the!allt to Section'or the initial

-39- AH 1575

related facility which has been found to be acceptable bythe cOInnlission pursuant to Section 25516, or for anadditional facility at a site which has been designated apotential multiple-facility site pursuant to Section 25514.5and found to be acceptable pursuant to Sections 25516and 25516.5. An application for an additional facility at apotential multiple-facility site shall be subject to the ~

conditions and review specified in Section 25520.5. Anapplication may not be filed for a site and related facility,if there is no suitable alternative for the site and relatedfacility which was previously found to be acceptable bythe commission, unless the commission has approved thenotice based on the one site as specified in Section 25516.

(b) The commission, upon its own motion or inresponse to the request of any party, may require theapplicant to submit any information, document, or data,in addition to the attachments required by subdivision(i) , which it determines is reasonably necessary to makeany decision on the application.

(c) Upon receipt of the application, the commissionshall undertake studies and investigations necessary tocomply with the environmental impact reportingprocedures established pursuant to Section 21100. Forpurposes of preparation and approval of theenvironmental impact report on a proposed site andrelated facili ty, the commission shall be the lead agencyas provided in Section 21165, except as to any site andrelated facility proposed to be located within the permitarea if a permit from the California Coastal ZoneConservation Commission is required. Except asotherwise provided in Division 13 (commencing withSection 21000), the environmental impact report shall becompleted within one year after receipt of theapplication.

(d) If the site and related facility specified in theapplication is proposed to be located in the coastal zoneand a permit is required from the California Coastal ZoneConservation Commission, the commission shall transmita copy of the application to the California Coastal ZoneConservation Cornmission for its review and cornments.

(e) Upon receipt of an application, the commission

AB 1575 -40-

shall forwardagencies havi:area of the pIagencies shacomments on.architectural;to highways, I:in the area ofof the design,site and relate

(f) Upon rshall cause a sIn a newspapwhich the sihdesignated inThe commissito each federspecial intere:and related f~

(g) The adgiven to the Ithis division ~

(h) For arequiring anecessity, thEapplication trequest thePublic Utilitierate, systemproposed sit(commissionfacility, the I

Utili ties Comrate, system 1

modifications(i) The c(

application t<mentioned iinformation (facili ties, aIrecommenda

2 1575 555 139

shall forward the application to local governmentalagencies having land use and related jurisdiction in thearea of the proposed site and related facility. Such localagencies shall review the application and submitcomments on, among other things, the design of facility,architectural and aesthetic features of the facility, accessto highways, landscaping and grading, public use of landsin the area of the facility, and other appropriate aspectsof the design, construction, or operation of the proposedsite and related facility.

(f) Upon receipt of an application, the commissionshall cause a summary of the application to be publishedin a newspaper of general circulation in the county inwhich the site and related facilities, or any part thereof,designated in the application, is proposed to be located.The commission shall transmit a copy of the applicationto each federal and state agency having jurisdiction orspecial interest in matters pertinent to the proposed siteand related facilities, and to the Attorney General.

(g) The adviser shall require that adequate notice isgiven to the public and that the procedures specified bythis division are complied with.

(h) For any proposed site and related facilityrequiring a certificate of public convenience andnecessity, the commission shall transmit a copy of theapplication to the Public Utilities Commission andrequest the comments and recommendations of thePublic Utilities Commission on the economic, financial,rate, system reliability, and service implications of theproposed site and related facility. In the event thecommission requires modification of the proposedfacility, the commission shall consult with the PublicUtilities Commission regarding the economic, financial,rate, system reliability, and service implications of suchmodifications.

(i) The commission shall transmit a copy of theapplication to any governmental agency not specificallymentioned in this act, but which it finds has anyinformation or interest in the proposed site and relatedfacilities, and shall invite the comments andrecommendations of each such agency. The commission

Ie acceptable by5516, or for anen designated a) Section 25514.5) Sections 25516onal facility at a

subject to the ~tion 25520.5. AnI related facility,site and related

»e acceptable bylas approved thein Section 25516.1 motion or inmay require thecument, or data,d by subdivisionecessary to make

the commissionons necessary tonpact reporting~ction 21100. Forproval of theroposed site and~ the lead agencys to any site and~ithin the permitia Coastal Zonered. Except asommencing withlct report shall bereceipt of the

specified in the1 the coastal zone'rnia Coastal Zonesion shall transmitrnia Coastal Zonewand cornnlents., the COllunission

:'. 1')7.5 .s:n 11.5

-41- AD 1575

shall request any relevant laws, ordinances, or regulationswhich any such agency has promulgated or administered.

U) An application for certification of any site andrelated facilities shall contain a listing of every federalagency from which any approval or authorizationconcerning the proposed site is required, specifying theapprovals or authorizations obtained at the time of theapplication and the schedule for obtaining any approvalsor authorizations pending.

25520. The application shall contain the following andsuch other information as the commission by regulationmay require:

(a) A detailed description of the design, construction,and operation of the proposed facility.

(b) Safety and reliability information, including, inaddition to documentation previously provided pursuantto Section 25511, planned provisions for emergencyoperations and shutdowns.

(c) Available site information, including maps anddescriptions of present and proposed development and,as appropriate, geological, aesthetic, ecological, seismic,water supply, population and load center data, andjustification fOT the particular site proposed.

(d) Such other information relating to the design,operation, and siting of the facility as the commission mayspecify.

(e) A statement of need providing informationshowing compatibility of the proposed facility with themost recent biennial report issued by the commissionpursuant to Section 25309.

(f) A description of the facility, the cost of the facility,the fuel to be used, the source of fuel, fuel cost, plantservice life and capacity factor, and generating cost per _kilowatt hour. -

(g) A description of any electric transmission linesincluding the estimated cost of the proposed electrictranslnission line; a map in suitable scale of the proposedrouting showing details of the rights-or-way in the vicinityof settled areas, parks, recreational areas, and scenicareas, and existing transmission lines within one rnile ofthe proposed route; and justification for the route and a

AB 1575 -42-

preliminaryelectric tranand scenic, I

25520.5.additional facommission;determinati(site issued pconditions aJ

to the prope(b) Withi

an addition~

and after adlissue its decfacility baSIsubdivisionshall be th(applicationSection 255~

a final decis(c) The e

for an addilsite receivisubdivisionmonths aftetime as is IT

the applical25521. 1\

the date ofshall commSacramentcwhichever I

the commi:county in vare to be Ie

25522. ISection 25!applicationnlutually athe cornmiapplication

preliminary description of the effect of the proposedelectric transmission line on the environment, ecology,and scenic, historic and recreational values.

25520.5. (a) In reviewing an application for anadditional facility at a potential multiple-facility site, thecommission shall undertake a reconsideration of its priordeterminations in the final report on the notice for thesite issued pursuant to Section 25514, based on currentconditions and other reasonable and feasible alternativesto the proposed facility.

(b) Within 180 days of the filing of the application foran additional facility at a potential multiple-facility siteand after adequate public hearings, the commission shallissue its decision on the acceptability of the proposedfacility based on the reconsideration specified insubdivision (a) of this section. A negative determinationshall be the final decision of the commission on theapplication and subject to judicial review pursuant toSection 25531. An affirmative determination shall not bea final decision of the cOlamission on the application.

(c) The decision of the commission on an applicationfor an additional facility at a potential multiple-facilitysite receiving a favorable determination pursuant tosubdivision (b) of this section shall be issued within 24months after the filing of the application or at such latertilne as is mutually agreed upon by the commission andthe applicant.

25521. No earlier than 90 nor later than 240 days afterthe date of the filing of an application, the commissionshall commence a public hearing or hearings thereon inSacramento, San Francisco, Los Angeles, or San Diego,whichever city is nearest the proposed site. Additionally,the cOlnmission may hold a hearing or h arings in thecounty in which the propos d site and related facilitiesare to be located.

25522. Except as provided in subdivision (c) ofSection 25520.5, within 18 months of the filing of anapplication for certification or at such later time as isIllutually agreed by the (.ommission and the applicant,the cornmission shall issue a written decision as to suchapplication.

gulationsinistered.sitt· and

y federallorizationfying thene of theLlpprovals

,wing andegulation

struction,

uding, inpursuant

nergency

naps andnent and,I, seismic,data, and

Ie design,ission rnay

formation. with theHnrnission

1e facility,~ost, plantg cost per

;sion linesd electricproposed(' \'icinity

nd scenicrw mile ofJilt!> and a

-43- AB 1575

25523. The commission shall prepare. a writtend ci ion aft r a public hearing or h anngs. on anappli ation, which shall inclu~e all of the follo",'lng: .

(a) Sp cific pro isiOTI r lahng to th~ manne: In whIChthe propos d facilit i to be. d sIgned. Sl~e?, ~ndoperat d in ord r to prot ct n lronmental qualIty and

sure public h alth and safet . .(b) Findings regarding the ..c.onforr!l1 ty of the

propos d ite and related facIhhes with. standardsadopted b the commission pursuant to. SectlOn. 25216.3and ubdivision (d) of Section 25402, wIth pubhc af~t>

standards and the applicable air and water qualItystandards, and with other relevant local, regional, state,and federal standards, ordinances, or laws. If thecommissinn finds that there is noncompliance with anystate, local, or regional ordinance or .regulation in theapplication, it shall consult and meet wIth the state, local,or regional governmental agency concern~d to attemptto correct or eliminate the noncomphance. If thenoncompliance cannot be corrected or eliminated: thecommission shall inform the state, local, or regIOnalgovernmental agency if it makes the findings required bySection 25525.

(c) Provision for restoring the site as necessary toprotect the environment, if the commission deniesapproval of the application.

(d) Findings regarding the conformity of theproposed facility with the 10-year forecast of statewideand service area electric power demands adoptedpursuant to subdivision (b) of Section 25309.

25524. The commission shall not certify any facilitycontained in the application, unless its findings withrespect to subdivision (d) of Section 25523 are in theaffirmative.

25524.5. The commission shall not certify any facilitywhich adds generating capacity to a potentialmultiple-facility site in excess of the rnaximum allowablecapacity established by the commission pursuant toSection 2.5516.5, unless the commission finds thatexceeding the maximum allowahle capacity will notincrease adverse environmental impacts or create

AB 1575 -44-

te ~hnological,

already found;the notice for25516.5.

25525. Thecontained in t.subdivision (b)conform withstandards, crddetermines tilconvenience aprudent and j

convenience ,commission m:federal law or ]be reduced to ,pursuant to Se

25526. Thecontained in tlocated, in whca permit fromCommission isbe obtained IApproval of (conservation CI

Conservation (authority of thfacility containdivision.

25527. Theapproved as afinds that suchuses of such laadverse envircpublic agencyis obtained:

(a) State, rescenic or naturecreation, hislareas in existel

(b) Estuarit:

technological, seismic, or other difficulties beyond thosealready found acceptable in the commission's findings onthe notice for that site pursuant to Sections 25516 and')--16 -....X) ..:>.

25.525. The commission shall not certify any facilitycontained in the application when it finds, pursuant tosubdivision (b) of Section 25523, that the facility does notconform with any applicable state, local, or regionalstandards, ordinances, or laws, unless the commissiondetermines that such facility is required for publicconvenience and necessity and that there are not moreprudent and feasible means of achieving such publicconvenience and necessity. In no event shall thecommission make any finding in conflict with applicablefederal law or regulation. The basis for such findings shallbe reduced to writing and submitted as part of the recordpursuant to Section 25523.

25526. The commission may certify any facilitycontained in the application which is proposed to belocated, in whole or in part, within the permit area unlessa permit from the California Coastal Zone ConservationCommission is required, in which case such permit shallbe obtained before the certificate may be granted..\pproval of a permit by any regional coastal zoneconservation commission, or the California Coastal ZoneConservation Commission on appeal, shall not affect theauthority of the commission to deny certification for anyfacility contained in the application, as provided in thisdivision.

25527. The following areas of the state shall not beapproved as a site for a facility, unless the commissionfinds that such use i3 not inconsistent with the primaryuses of such lands and that there will be no substantialadverse environmental effects and the approval of anypublic agency having ownership or control of such landsis obtained:

(a) State, regional, county and city parks; wilderness,scenic or natural reserves: areas for wildlife protection,recrelltion, historic preservation; or natural preservationareas in existence on the effective date of this division.

(b j Estuaries in an essentially natural and

re a written'aflngs on anfollowing:

:.lnner in which~d. sited, andtal quality and

mity of the,.ith standardsiection 25216.3npublic safetywater qualityregional, st~te,

laws. If theiance with any~ulation in thethe state, local,led to attemptHance. If the~liminated, the1I, or regional19S required by

s necessary tonission denies

'Tnity of thest of statewidelands adopted309.ifv any facilityfindi~gs with

52.'3 are in the

:ify <.~ny facilitya potential

n UtH allowablepursuant to

)(1 finds that,acity will notcts or create

-45- AB 1575

2 1575 fi1fi 153

undeveloped state.In considering applications for certification, the

commission shall give the greatest consideration to theneed for protecting areas of critical environmentalconcern, including, but not linlited to, unique andirreplaceable scientific, scenic, and educational wildlifehabitats; unique historical, archaeological, and culturalsites; lands of hazardous concern; and areas underconsideration by the state or the United States forwilderness, or wildlife and game reserves.

25528. (a) The commission shall require, as acondition of certification of any site and related facility,that the applicant acquire, by grant or contract, the rightto prohibit development of privately owned lands in theCirea of the proposed site which will result in populationdensities in excess of the maximum population densitieswhich the commission determines, as to the factorsconsidered by the commission pursuant to Section 25511.are necessary to protect public health and safety. Thepower of condemnation is hereby granted to theapplicant to acquire such development rights and therequirement of the commission that any such rights beacquired is a conclusive finding of the public necessity ofsuch condemnation; provided, however, that nothing inthis division grants or extends a right of condemnation toany person or applicant who has not otherwise beengranted such right under any other provision of law priorto the effective date of this division.

(b) In the case of an application for a nuclear facility,the area and population density necessary to insure thepublic's health and safety designated by the commissionshall be that as determined from time to time by theUnited States Atomic Energy ComInission, if thecommission finds that such determination is sufficientlydefinitive for valid land use planning requirements.

(c) The commission shall waive the requirements ofthe acquisition of development rights by an applicant tothe extent that the commission finds that existinggovernmental land use restrictions are of a typenecessary and sufficient to guarantee the maintenance ofpopulation levels and land use development over the

AB 1575 -46-

lifetimand sa

(d)in suetby anapprO'that Hwith rl

(e)enactrpublicviolatiConsti

255~

eoastaor hi5conditapplicdetenshall Ishall 1

restricappli<agencof themaintthe a)comnlocahwatelpubU

255of allon pc

AnadopCOInI

Inoti'or f

reco:the)

2 1575 630 156

lifetinle of the facility which will insure the public healthand safety requirements set pursuant to this section.

(d) No change in governmental land use restrictionsin such areas designated in subdivision (c) of this sectionby any government agency shall be effective untilapproved by the commission. Such approval shall certifythat the change in land use restrictions is not in conflictwith requirements provided for by this section.

(e) I t is not the intent of the Legislature by theenactment of this section to take private properly forpublic use without payment of just compensation inviolation of the United States Constitution or theConstitution of California.

25529. When a facility is proposed to be located in thecoastal zone or any other area with recreational, scenic,or historic value, the commission shall require, as acondition of certification of any facility contained in theapplication, that an area be established for public use, asdetermined by the commission. Lands within such areashall be acquired and maintained by the applicant andshall be available for public access and u.se, subject torestrictions required for security and public safety. Theapplicant may dedicate such public use zone to any localag .n agr il g to op rat or maintain it for the benefitof th publi. If no 10 al agency agrees to operate ornlaintain the publi us z ne for the benefit of tht- public,th . ap licant may d di ate such zone to the state. Theo n is'ion 'h/ll) also r ...,quire that any facility to b

located along the coast or shOT .lin of an In jor body ofwater be set back from the shor lin ~ to permit r a onahlpublic use and to protect sc oie and a thetic alu .

25530. The comnlission may order a reconsiderationof all or part of a decision or order on its own motion or

n p , ition of an purty.Any such p tition hall be filed within 30 days after

adoption b th commis ion of a decision or order. The'olI1lnissi n shall n t ord r a reconsideration on its own

rnotion more than 30 days after it has adopted a decisionor order. The commission shall order or denyreconsideration on a petition therefor within 30 days afterthe petition is filed.

>n, the1 to theunentalue andwildlifecultural; underlites for

~, as afacility,he right:Is in thepulation:Iensities: factorsm 25511,~ty. The

to theand the'ights be~essity of>thing innation toise been,aw prior

r facility,Isure thenmissione by the, if thefficientlylents.ments of)licant to

existinga type

~nance ofover the

/.'575 filii 153

-47- AB 1575

2 1.575 fA5 159

A decision or order may be reconsidered by thecommission on the basis of all pertinent portions of therecord together with such argument as the commissionmay permit, or the commission may hold a furtherhearing, after notice to all interested persons. A decisionor order of the commission on reconsideration shall havethe same force and effect as an original order or decision.

25531. (a) The decisions of the commission on anyapplication of any electric utility for certification of a siteand related facility shall be subject to judicial review inthe same manner as the decisions of the Public UtilitiesCon1mission on the application for a Certificate of PublicConvenience and Necessity for the same site and relatedfacility.

(b) No new or additional evidence may be introducedupon review and the cause shall be heard on the recordof the commission as certified to by it. The review shallnot be extended further than to determine whether thecommission has regularly pursued its authority, includinga determination of whether the order or decision underreview violates any right of the petitioner under theUnited States Constitution or the California Constitution.The findings and conclusions of the commission onquestions of fact shall be final and shall not be subject toreview, exc pt as provided in this article. Such questionof fact shall include ultimat facts and the findings andc ncIusions of the commission. A report prepared by, oran approval of, the commission pursuant to Section 25510,25514, 25516, or 25516.5, or subdivision (b) of Section25520.5, shall not constitute a decision of the commissionsubject to judicial review.

(c) Subject to the right of judicial review of decisions &. ..of the commission, no court in this state shall have ...jurisdicti 'n tv hear or determine any case or controv r yconcerning any matter which was, or could ha been,d termined in a proceeding before the commis ion, or tostop or delay the con truction or operation of any th rmalpow rplant xcept to enforce complian with thprovisions of a d cision of th commission.

25532. The comrnission shall establish a monitoringsystem to assure that any facility certified under this

4-ab 157:

division:with air ~

other ap)adopted I

the writtroperatin~

seek theResourceBoard, tregional,environn

25534.conditiorfor any a

(a) Feapplicatilor includthe appli

(b) Fethe termspecified

(c) Feregulatiodivision.

25535.with theratemaki

25536.service a:in Secti(interimacceptabproposal~

and subdof loadsCommiSlMarch 3:131 of th1st and 1of this dhearings

-48-AB 1575

division is constructed and is operating in compliancewith air and w~ter quality, public health and safety, andother applicable regulations, guidelines, and conditionsadopted or established by the commission or specified inthe written decision on the application. In designing andoperating the monitoring system, the commission shallseek the cooperation and assistance of the State AirResources Board, the State Water Resources ControlBoard, the Department of Health, and other state,regional, and local agencies which have an interest inenvironmental control.

25534. The commission may after hearings amend theconditions of, or revoke the certification for, any facilityfor any of the following reasons:

(a) For any material false statement set forth in theapplication, presented in proceedings of the commission,or included in supplemental documentation provided bythe applicant.

(b) For other than insignificant failure to comply withthe terms or conditions of approval of the application asspecified by the commission in its written decision.

(c) For violation of any provision of this division or anyregulation or order issued by the cOlnmission under thisdivision.

25535. Such cost as the applicant incurs to complywith the decision of the commission shall be allowed forratemaking purposes.

25536. Pending completion of the statewide andservice area forecasts of electric power demand specifiedin Section 25309, the commission shall utilize as aninterim forecast for purposes of determining theacceptability of alternative site and related facilityproposals as provided in subdivision (a) of Section 25514and subdivision (d) of Section 25523, the 10-year forecastof loads and resources prepared by the Public UtilitiesCommission from reports required or subtnitted as ofMarch 31, 1974, under Sections 2 and 3 of General Order131 of the Public Utilities Commission. On the first June1st and the second June 1st following the effective dateof this division, the commission shall commence publichearings, at least one of which shall be in the City of

by the[1S of thenlnlSSlon

furtherdecision

1all havedecision.1 on any1 of a siteeview inUtilities

of Public=l related

:roducede recordiew shall~ther thencluding>n under1der thestitution.sSlon onubject toluestionsings and~d by, or::>n 25510,~ Sectionnmlsslon

:lecisionsall haveltroversyve been,ion, or to. thermalvith the

>nitoringIder this

",>7,1 (i4,) 159 4-ab 1,'575

-49- AB 1575

2 1575 660 162

Sacramento. Any person may participate in any suchhearings. The hearing shall be conducted to secure theviews and comments of the public, the electric utilities,other state and federal agencies, and city and countygovernments regarding revision of the interim fore,castsbased on the considerations specified in Section 25304and on updated information regarding forecast loads andresources submitted by any electric utility. Such hearingsshall be concluded within 30 days from the date of theircommencement. Within 60 days of the conclusion of thehearings specified in this section, the comlnission shallissue a final report specifying the revisions, if any, to theinterim forecast. The report shall be based upon theinformation and views presented at the public hearingsand the commission's independent analysis.

25537. Upon approval of an application, thecommission shall forward to the Atomic EnergyComnlission, the Environmental Protection Agency, andto other appropriate federal agencies, the results of itsstudies including the environmental impact report on thefacility, the written decision on the facility contained inthe application, and the commission's determination offacility safety and reliability as provided in Section 25511.

25538. Upon receiving the commission's request forreview under subdivision (e) of Section 25519 andS ction 25506, the local agency may requ st a fe fromth commission to reimburs th local ag ney for theactual and added costs of su h review by the local agency.Th commi ion shall reimburse the local agency for suchadded co ts that shall b actually incurred by th localagency in complying with the commission's requ t. ThecOlnmission may request a fee from th person proposingthe proj ct or may de ot a sp cial fund in its budg t forth reimbursem nt of co t incurr d by local ag ncies.

25539. In reviewing notices and applications forc rtification of modifications of existing faciliti 5, thecom ission hall adopt rul ,5 and regulations as 11 c ssaryto in ure that relevant duti s pursuant to this clivi 'ion arecarri d out.

25540. If a person proposes to construct a geothermalpowerplant and related facility or facilities on a site, the

AB 1575 -50-

comlrelatlconSlPOW(

comlspeCldatedeciswithiapplimuttpers(

25~

proy:genemodinot,coml

(a:or eropermodi

(bsubstdem:2530!

251faciliappl:purslfacili

25ta pISUpJ:techthos'partlimil

2 1.')75 fi75 lb.')

"1- ~~.-:f.. 6••, ••:.--'.~.;,.' .;I ~ • _ • __ • '. tI .' _ " ~ - .. , '." .'.

~L~' I .1 _ .. -- 6" J ..... .' . • I .-' ...__ •I. ".:""~.... -••,; .r~, . . _... I • _ I. • ... '. • ~ • •

2 1575 685 167

CHAPTER 7. RESEARCH AND DEVELOPMENT

25600. The commission shall develop and coordinatea program of res arch and development in en rgysupply, consumption, and conservation and thet chnology of siting fac'lities and shall give priority tothose orms of r s arch -nd development which are ofparticular importance to the state, including, but notlimited to, all of the following:

AB 1575-51-

commission shall not require three alternative sites andrelated facilities to be proposed in the notice. Inconsidering the proposed construction of a geothermalpowerplant and related facilities on a site, thecommission shall issue its findings on the notice asspecified in Section 25516 within nine months from thedate of filing of such notice, and shall issue its final anddecision on the application as specified in Section 25523within nine months from the date of filing of theapplication for certification, or at such later time as ismutually agreed by the commission and the applicant orperson submitting the notice.

25541. The commission may exempt from theprovisions of this chapter thermal powerplants with agenerating capacity of up to 100 megawatts andmodifications to existing generating facilities which donot add capacity in excess of 100 megawatts, if thecommission finds both of the following:

(a) No substantial adverse impact on the environmentor energy resources will result from the construction oroperation of the proposed facility or from themodifications.

(b) Generating capacity will not be added which issubstantially in excess of the forecast of electrical energydemands adopted pursuant to subdivision (b) of Section25309.

25542. In the case of any site and related facility orfacilities for which the provisions of this division do notapply, the exclusive power given to the commissionpursuant to Section 25500 to certify sites and relatedfacilities shall not be in effect.

any suchsecure theic utilities,nd countyn fore.~asts

tion 25304t loads andh hearingslte of theirsion of the:ssion shallliny, to theupon the

c hearings

157.') li7,') JI),)

tion, thec Energy~ency, andsuIts of itsJort on thentained inlination oftion 25511.equest for25519 andI fee fromcy for the~al agency.cy for such( the localquest. Theproposmg ~.

budget for ...agencies.ations forilities, thenecessary

IVlSlon are

eothermala site, the

2 1,57.'5 695 I/{J

(a) Methods of energy conservation specified inChapter 5 (commencing with Section 254(0).

(b) Increased energy use efficiencies of existingthermal electric and hydroelectric powerplants andincreased energy efficiencies in designs of thermalelectric and hydroelectric powerplants.

(c) Exploration and accelerated development ofalternative sources of energy, including geothermal andsolar energy resources.

(d) Improved methods of construction, design, andoperation of facilities to protect against seismic hazards.

(e) Improved methods of energy demand forecasting.25601. The commission shall carry out technical

assessment studies on all forms of energy and energyrelated problems, in order to influence federal researchand development priorities and to be informed on futureenergy options and their impacts, including, in additionto those problems specified in Section 25600, but notlimited to, the following:

(a) Advanced nuclear powerplant concepts, fusion,and fuel cells.

(b) Total energy concepts.(c) New technology related to coastal and offshore

siting of facilities.(d) Expanded use of wastewater as cooling water and

other advances in powerplant cooling.(e) Improved methods of power transmission to

permit interstate and interregional transfer andexchange of bulk electric power.

(f) Measures to reduce wasteful and inefficient uses ofenergy.

(g) Shifts in transportation modes and changes intransportation technology in relation to implications forenergy consumption.

(h) Methods of recycling, extraction, processing,fabricating, handling~ or disposing of materials, especiallyma~eria1s which require large commitments of energy.

(1) Expanded recycling of materials and its effect onenergy consumption.

U) Implications of government subsidies and taxationand ratesetting policies.

257(prOVlSdeal vsuppli

257~

of thi~

(k)(I)(m)

and orSuet

deterntechncestabli.

2560eoopeldesignbuildirin ordfeasibi

2560year, tinclusipropmassessr,includ25601,item tlprojecinforrradequ:shall d

256<lthis cIpersorperforapply

tt

.)

-52-AB 1575

ffshore

ter and

IOn tor and

uses of

1ges inons for ttessing,'eciallylergy.~ct on

lxation

2 1575 705 17l

CHAPTER 8. ENERGY SHORTACECONTINGENCY PLANNING

AB 1575-53-

25700. The commission shall, in accordance with theprovisions of this chapter, develop contingency plans todeal with possible shortages of electrical energy or fuelsupplies to protect public health, safl~ty, and welfare.

25701. (a) Within six months after the effective dateof this division, each electric utility, gas utility, and fuel

(k) Utilization of waste heat.(I) Use of hydrogen as an energy form.(m) Use of agricultural products, municipal wastes,

and organic refuse as an energy source.Such assessments may also be conducted in order to

determine which energy systems among competingtechnologies are most compatible with standardsestablished pursuant to this division.

25602. For research purposes, the commission shall, incooperation with other state agencies, participate in thedesign, construction, and operation of energy conservingbuildings using data developed pursuant to Section 25401,in order to demonstrate the economic and technicalfeasibility of such designs.

25603. Beginning with, and for, the 197~7'7 fiscalyear, the commission shall submit to the Governor forinclusion in the state budget an integrated program ofproposed research and development and technicalassessment projects set forth on an item-by-item basisincluding the priority items established in Sections 25600,25601, and 25602. The commission shall describe for eachitem the objectives and anticipated end product of eachproject, funding and staff requirements, timing and otherinformation which is necessary to describe the projectsadequately. As part of each submission, the commissionshall describe the progress of its programs.

25604. For purposes of carrying out the provisions ofthis chapter, the commission may contract with anyperson for materials and services that cannot beperformed by its staff or other state agencies, and mayapply for federal grants or any other funding.

t)

fusion,

hl.J;j I f..'l

:ied in

~xisting

.ts andhermal

ent ofrlal and

~n, and.azards.~asting.

chnicalenergy~search

I futuredditionmt not

wholesaler or manufacturer in the state shall prepare andsubmit to the commission a proposed emergency loadcurtailment plan or emergency energy supplydistribution plan setting forth proposals for identifyingpriority loads or users in the event of a sudden and seriousshortage of fuels or interruption in the generation ofelectricity.

(b) The commission shall encourage electric utilitiesto cooperate in joint preparation of an emergency loadcurtailment plan or emergency energy distribution plan.If such a cooperative plan is developed between two ormore electric utilities, such utilities may submit such jointplans to the commission in place of individual plansrequired by subdivision (a) of this section.

(c) The commission shall collect from all relevantgovernmental agencies, including, but not limited to, thePublic Utilities Commission and the Office of EmergencyServices, any existing contingency plans for dealing withsudden energy shortages or information related thereto.

25702. The commission shall, after one or more publichearings, review the emergency load curtailmentprogram plans or emergency energy supply distributionplans submitted pursuant to Section 25701, and, withinone year after the effective date of this division, thecommission shall approve and recommend to theGovernor and the Legislature plans for emergency loadcurtailment and energy supply distribution in the eventof a sudden energy shortage. Such plans shall be basedupon the plans presented by the electric utilities, gasutilities, and fuel wholesalers or manufacturers,information provided by other governlnental agencies,independent analysis and study by the commission andinformation provided at the hearing or hearings. Suchplans shall provide for the provision of essential services,the protection of public health, safety, and welfare, andthe maintenance of a sound basic state econOIny.Provision shall be made in such plans to eliminatewasteful, unecollOlnic:, and unnecessary uses of energy intimes of shortages and to differentiate curtailment ofenergy consumption by users on the basis of ability toaccomrnodate such curtailments. Such plans shall also

AB ]575 -54-

specify thactions 0

dealing \\25703.

certificatireview aJadditionaThe COffil

review tlapproval

25704.determinnatural g~

and shallthe Legis]actions I

emergenclimited tcmeasuresagenciessudden eexisting r

25705.reasonablrestrictiolemergentby an actsafety, anthe comnof genenJelectricaland condthe publi

Withinand use 0

issue a )estimate(makingLcgislatlJsupply IT

alternati'

2 lii7.J 720 174

2 1575 735 177

specify the authority of and recommend the appropriateactions of state and local governmental agencies indealing with energy shortages.

25703. Within four nlonths after the date ofcertification of any new facility, the commission shallreview and revise the recommended plans based onadditional new capacity attributed to any such facility.The commission shall, after one or more public hearings,review the plans at least every five years fronl theapproval of the initial plan as specified in Section 25702.

25704. The commission shall carrv out studies todetermine if potential serious shortages of electrical,natural gas, or other sources of energy are likely to occurand shall make recommendations to the Governor andthe Legislature concerning administrative and legislativeactions required to avert possible energy supplyemergencies or serious fuel shortages, including, but notlimited to, energy conservation and energy developmentmeasures, to grant authority to specific governlnentalagencies or officers to take actions in the event of asudden energy shortage, and to clarify and coordinateexisting responsibilities for energy emergency actions.

25705. If the commission determines that allreasonable conservation, allocatioh, and servicerestriction measures will not alleviate an energy supplyemergency, and upon a declalation by the Governor orby an act of the Legislature that a threat to public health,safety, and welfare exists and requires immediate action,the commission may authorize the construction and useof generating facilities not to exceed 250 megawatts netelectrical generating capacity per unit under such termsand conditions as specified by the commission to protectthe public interest.

Within 60 days after the authorization of constructionand use of such generating facilities, the commission shallissue a report detailing the full nature, extent, andestimated duration of the emergency situation andmaking recommendations to the Governor and theLegislature for further energy conservation and energysupply measures to alleviate the emergency situation asalternatives to use of such generating facilities.

)repare and"gency loadgy supplyidentifyingand seriousneration of

tric utilitiesrgency loadJution plan.leen two orit such joint'idual plans

ill relevantlited to, theEmergencylealing withted thereto.nore public~urtailment

distributionand, withinivision, thend to thergency loadn the eventtIl be based1tili ties, gaslufacturers,11 agencies,nission andrings. Suchial services,lelfare, and

economy.) eliminate)f energy intailmcnt of)f ability tos shall also

2 1.::;75 no 174

-55- AB 1575

2 1575 750 1&1

Schedule.

CHAPTER 9. STATE ENERGY RESOURCES CONSERVA­TION AND DEVELOPMENT SPECIAL ACCOUNT

25900.the coronviolated (constituhprotect tlGeneral,court tojurisdictil

CHAPTE:

The SIelectric 1

section,surcharglby the St

25801.payment:Board ofthe provi

25802.notice ofaccompaJkilowattgeneraticthe alterrelectricalless thantwenty-fi

For an~

by a fee I

only be 1sites.

25803.Equalizatthe fundSection 2:deposit irexpende(this divisiBudget A

tt

t)

-56-

One-tenth of a Inill ($0.0001).Eleven hundredths of a mill ($0.00011).Twelve hundredth of a mill ($0.00012).Thirteen hundredths of a mill ($0.00013).Fourteen hundredths of a mill ($0.00014).Fifteen hundredths of a mill ($0.00015).Sixteen hundr ~dths of a mill ($0.00016).Seventeen hundl'edths of a mill ($0.00017).Eight en hundr dths of a mill ($0.00018).

in teen hundredths of a mill ($0.00019).Two-tenths of a mill ($0.0002).

25800. There is in the General Fund in the StateTreasury the State Energy Resources Conservation andDevelopment Special Account. On and after the effectivedate of thi~ division, each electric utility shall add asurcharge of one-tentil of a mill ($0.0001) perkilowatt-hour to the cost of electric power sold toconsumers in the state; provided, however, that afterJanuary 1, 1976, the State Board of Equalization shallestabli~h a surcharge rate in accordance with thefollowing schedule which shall be sufficient to providethe revenue necessary to fund expenditures from theaccount appropriated by the Legislature in the BudgetAct for the 1975-76 fiscal year and each fiscal yearthere fter; and provided, further, that such increasesshall become effective on September 1 of the year inwhich th State Board of Equalization establishes that anincrease or decrease in accordance WIth the followingch dule is necessary to produce sufficient revenues to

fund the appropriations contained in the Budget Act:

AB 1575

The comnusSlOn shall include, among therecommendations specified in Section 25704, suggestionsfor modifying the maximum size limit for generatingfaciliti~s specified in this section.

2 1575 780 186

CHAPTER 10. ENFORCEMENT AND JUDICIAL REVIEW

25900. Except as provided in Section 25531, wheneverthe commission finds that any provision of this division isviolated or 8l violation is threatening to take place whichconstitutes an emergency requiring immediate action toprotect the public health, welfare, or safety, the AttorneyGeneral, upon request of the commission, shall petition acourt to enjoin such violation. The court shall havejurisdiction to grant such prohibitory or mandatory

AB 1575-57-

The State Board of Equalization shall notify everyelectric utility of the rate established pursuant to thissection, and every electric utility shall report allsurcharges in the manner and on the forms as prescribedby the State Board of Equalization.

25801. Every electric utility shall make quarterlypayments, commencing on April 1, 1975, to the StateBoard of Equalization of all surcharges applicable underthe provisions of Section 25800.

25802. Each person who submits to the commission anotice of intent for any proposed generating facility shallaccompany the notice with a fee of one cent ($0.01) perkilowatt of net electric capacity of the proposedgeneration facility. Such fee shall only be paid on one ofthe alternate proposed facility sites which has the highestelectrical designed capacity. In no event shall such fee beless than one thousand dollars ($1,000) nor more thantwenty-five thousand dollars ($25,000).

For any other facility, the notice shall be accompaniedby a fee of five thousand dollars ($5,000). Such fee shallonly be paid on one of the alternate proposed facilitysites.

25803. All funds received by the State Board ofEqualization pursuant to Sections 25800 and 25801, andthe funds received by the commission pursuant toSection 25802. shall be remitted to the State Treasurer fordeposit in the account. All funds in the account shall beexpended for purposes of carrying out the provisions ofthis division:, when appropriated by the Legislature in theBudget Act.

tl

ft

.57.5 750 IHO

)NSERVA­)UNT

ong theLlggestions~enerating

the Stateration and~ effectivelall add aOO!) perr sold tothat afterltion shallwith theo providefrom the

Ie Budgetiscal yearIncreasese year inesthatanfollowingvenues to~et Act:

injunctive relief as may be warranted by way oftemporary restraining order, preliminary injunction, andperrnanent injunction.

25901. (a) Within 30 days after the commission issuesits determination un any matter specified in this division,except as provided in Section 25531, any aggrievedperson may file with the superior court a petition for awrit of mandate for review thereof. Failure to file such anaction shall not preclude a person from challenging thereasonableness and validity of a decision in any judicialproceedings brought to enforce such decision for othercivil remedies.

(b) The evidence before the court shall consist of therecord before the commis ion, and any other relevantfacts which, in the judgment of the court, should beconsidered in determining the vaHdity of any d cision ofthe commission.

(c) Except as otherwis provided her in, thprovisions of subdivisions (e) and (f) of Section 1094.5 ofthe Code of Civil Procedur shall govern proceedingspursuant to this section.

25902. Any evaluations in th reports required bySections 25309 and 25536 and any findings anddeterminations on the notice of intent pursuant toChapter 6 (commencing with Section 255(0) of thisdivision shall not be constru d as a final evaluation,finding, Or d termination by th commission and a courtaction rr.ay not be brought to review any such evaluation,finding, or determination.

25903. If any pro\ isioll of subdivision (a) f S ction25531, with r sp ct to judicial review of th d ClSlOll oncertification of a sit and related facility, is h ld invalid,judicial r iew of such d cisions shall be conducted in thesup rior court subject to the conditions of. ubdivision (b)

[ ection 25531. Th superior court shall gr.\nt priority ins tting such matt rs for r vi w, dnd th app _al: fronl an:u h r iew shall b giv n pr £'1" n e in h arings in th:-;upreme Court and courts of appeal.

SE ;. 3. Chapt r 11 (~omnlCn ing ith Section 19870of Part 3 of Oi ision 13 of th H (lIth and Saf\~t Cod isr0p al d.

AB 1575 -58-

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(a

tlon l(pOWInatugave

(brateCode

(elegiscrimdeerthe (]chan

SEthensuchapplthe iprov

SEenae2580act (of el,such

SE

tt 1975opelEne:Corrresi(Sect

2 1575 /:(30 196

SEC. 4. Notwithstanding Section 2231 of the Revenueand Taxation Code, there shall be no reimbursementpursuant to that section nor shall there be anyappropriation made by this act for the following reasons:

(a) The duties, obligations or responsibilities imposedon local governmental entities as consumers of electricpower in the form of the special surcharge are minor innature and will not cause any financial burden on localgovernment.

(b) Self-financing authority is provided in the form ofrate increases by Section 12809 of the Public UtilitiesCode.

(c) The Legislature recognizes that during anylegislative session a variety of changes to laws relating tocrimes and infractions may cause both increased anddecreased costs to local governmental entities which inthe aggregate, do not result in significant identifiable costchanges.

SEC. 5. If any provision of this act or the applicationthereof to any person or circumstances is held invalid,such invalidity shall not affect other provisions orapplications of the act which can be given effect withoutthe invalid provision or application, and to this end theprovisions of this act are severable.

SEC. 6. The Legislature hereby declares that theenactment of Chapter 9 (commencing with Section258(0) of Division 15 of the Public Resources Code by thisact does not preempt the field of taxation upon the useof electrical energy and shall not affect the validity of anysuch tax imposed by a chartered city.

SEC. 7. This act shall become operative on January 7,1975- xc pt that Schon 3 of thi act shall not b COIneop rativ until th dat on ar aft r the date th "tateEn rgy R sources ons r- ation and De lopmentCommis'ion adopts r gulations for 11 rgy insulation forr :id ntial buildings pursuant to . ubdi i ina) ofSection 25402 of the Public Resources Code.

.)' of" and

ssuesISlOn,eved

tlfor a~han

g the1icial)ther

If the~vant

d beon of

thet5 of:lings

d byand

It to. thisLtion,~ourt

Ltion,

tionnon'alid •,

the1 (b)ty inlany1 the

870)de is

) 141l

-59- AB 1575