BILL NUMBER: SBX8 34INTRODUCED BILL TEXT INTRODUCED BY Senator Padilla FEBRUARY 5, 2010 An act relating to energy. LEGISLATIVE COUNSEL'S DIGEST SB 34, as introduced, Padilla. Energy: solar thermal powerplant: expedited siting. (1) Existing law vests exclusive power to certify a thermal powerplant with the State Energy Resources Conservation and Development Commission. Existing law requires a person to obtain a certification from the commission prior to commencing the construction of a thermal powerplant. This bill would require the commission to establish an expedited process to issue, not later than December 31, 2010, a final decision on an application for certification of a solar thermal powerplant that has applied for and will receive funding under the federal American Recovery and Reinvestment Act of 2009. The bill would repeal these provisions on January 1, 2011. (2)The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) Notwithstanding subdivision (a) of Section 25522 of the Public Resources Code and Section 25540.6 of the Public Resources Code, the State Energy Resources Conservation and Development Commission shall establish an expedited process to issue, not later than December 31, 2010, a final decision on an application for certification of a solar thermal powerplant that has applied for and will receive funding under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). (b) If the commission determines that there is substantial evidence in the record that the solar thermal powerplant and related facilities may result in a significant adverse impact on the environment or electric system, or does not comply with an applicable standard, ordinance, regulation, or statute, the commission shall issue its final decision pursuant to subdivision (a) of Section 25522 of the Public Resources Code and Section 25540.6 of the Public Resources Code and a new application shall not be required. (c) For an application accepted by the commission pursuant to this section, a local, regional, or state agency that would have had jurisdiction over the proposed solar thermal powerplant and related facilities, but for the exclusive jurisdiction of the commission, shall provide its final comments, determinations, or opinions within 90 days after the filing of the application. The regional water quality control board established pursuant to Chapter 4 (commencing with Section 13200) of Division 7 of the Water Code having jurisdiction over the area in which the powerplant is located shall retain jurisdiction over any applicable water quality standard that is incorporated into the final certification issued pursuant to this section. (d) The commission may implement this section by adopting emergency regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of that chapter, including, without limitations, Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health, safety, and general welfare. (e) This section shall remain in effect only until January 1, 2011, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2011, deletes or extends that date. SEC. 2. This act addresses the fiscal emergency declared by the Governor by proclamation on January 8, 2010, pursuant to subdivision (f) of Section 10 of Article IV of the California Constitution.