California Assembly Bill AB175 Latest Draft

 BILL NUMBER: AB 175INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Mathis JANUARY 26, 2015 An act to amend Sections 25500.5, 25514, 25514.5, and 25516 of the Public Resources Code, and to amend Section 740.3 of the Public Utilities Code, relating to electricity. LEGISLATIVE COUNSEL'S DIGEST AB 175, as introduced, Mathis. Electricity. The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission and requires it to certify sufficient sites and related facilities that are required to provide a supply of electricity sufficient to accommodate projected demand for electricity in that commission's most recent forecast of statewide and service area electricity demand. This bill would make nonsubstantive revisions to the State Energy Resources Conservation and Development Commission's certification requirements. Existing law requires the Public Utilities Commission, in cooperation with the State Energy Resources Conservation and Development Commission, the State Air Resources Board, air quality management districts and air pollution control districts, electrical and gas corporations, and the motor vehicle industry, to evaluate and implement policies to promote the development of equipment and infrastructure needed to facilitate the use of electricity and natural gas to fuel low-emission vehicles. This bill would make nonsubstantive revisions to these requirements of the Public Utilities Commission. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25500.5 of the Public Resources Code is amended to read: 25500.5. The commission shall certify sufficient sites and related facilities  which   that  are required to provide a supply of  electric power   electricity  sufficient to  accomodate   accommodate  the demand projected in the most recent forecast of statewide and service area  electric power   electricity  demands adopted pursuant to subdivision (b) of Section 25309. SEC. 2. Section 25514 of the Public Resources Code is amended to read: 25514. After conclusion of the hearings held pursuant to Section 25513 and no later than 300 days after the filing of the notice, a final report shall be prepared and distributed. The final report shall include, but not be limited to, all of the following: (a) The findings and conclusions of the commission regarding the conformity of alternative sites and related facilities designated in the notice or considered in the notice of intention proceeding with both of the following: (1) The 12-year forecast of statewide and service area  electric power   electricity  demands adopted pursuant to subdivision (e) of Section 25305, except as provided in Section 25514.5. (2) Applicable local, regional, state, and federal standards, ordinances, and laws, including any long-range land use plans or guidelines adopted by the state or by any local or regional planning agency, which would be applicable but for the exclusive authority of the commission to certify sites and related facilities; and the standards adopted by the commission pursuant to Section 25216.3. (b) Any findings and comments submitted by the California Coastal Commission pursuant to Section 25507 and subdivision (d) of Section 30413. (c) Any findings and comments submitted by the San Francisco Bay Conservation and Development Commission pursuant to Section 25507 of this code and subdivision (d) of Section 66645 of the Government Code. (d) The commission's findings on the acceptability and relative merit of each alternative siting proposal designated in the notice or presented at the hearings and reviewed by the commission. The specific findings of relative merit shall be made pursuant to Sections 25502 to 25516, inclusive. In its findings on any alternative siting proposal, the commission may specify modification in the design, construction, location, or other conditions which will meet the standards, policies, and guidelines established by the commission. (e) Findings and conclusions with respect to the safety and reliability of the facility or facilities at each of the sites designated in the notice, as determined by the commission pursuant to Section 25511, and any conditions, modifications, or criteria proposed for any site and related facility proposal resulting from the findings and conclusions. (f) Findings and conclusions as to whether increased property taxes due to the construction of the project are sufficient to support needed local improvements and public services required to serve the project. SEC. 3. Section 25514.5 of the Public Resources Code is amended to read: 25514.5. In considering the acceptability of a site proposed to accommodate ultimately additional  power-generating   electrical generating  capacity, the commission, in determining, pursuant to Sections 25514 and 25512, the conformity of the facilities proposed in the notice with the 12-year forecast of statewide and service area  electric power   electricity  demands adopted pursuant to subdivision (e) of Section 25305, shall base its determination only on such initial facilities as are proposed for operation within the forthcoming 12-year period. Additional facilities projected to be operating at the site at a time beyond the forthcoming 12-year period shall not be considered in the determination of conformity with the  electric power   electricity  demand forecast. SEC. 4. Section 25516 of the Public Resources Code is amended to read: 25516.  (a)    The approval of the notice by the commission shall be based upon findings pursuant to Section 25514. The notice shall not be approved unless the commission finds at least two alternative site and related facility proposals considered in the commission's final report as acceptable. If the commission does not find at least two sites and related facilities acceptable, additional sites and related facilities may be proposed by the applicant which shall be considered in the same manner as those proposed in the original notice.  (b)    If the commission finds that a good faith effort has been made by the person submitting the notice to find an acceptable alternative site and related facility and that there is only one acceptable site and related facility among those submitted, the commission may approve the notice based on the one site and related facility. If a notice is approved based on one site and related facility, the commission may require a new notice to be filed to identify acceptable alternative sites and related facilities for the one site and related facility approved unless suitable alternative sites and related facilities have been approved by the commission in previous notice of intention proceedings.  (c)    If the commission finds that additional  electric   electrical  generating capacity is needed to accommodate the  electric power   electricity  demand forecast pursuant to subdivision (e) of Section 25305 and, after the commission finds that a good faith effort was made by the person submitting the notice 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 request of and at the expense of the person submitting the notice, a feasible site and related facility for providing the needed  electric   electrical  generating capacity. SEC. 5. Section 740.3 of the Public Utilities Code is amended to read: 740.3. (a) The commission, in cooperation with the  State Energy Conservation and Development   Energy  Commission, the State Air Resources Board, air quality management districts and air pollution control districts, regulated electrical and gas corporations, and the motor vehicle industry, shall evaluate and implement policies to promote the development of equipment and infrastructure needed to facilitate the use of  electric power   electricity  and natural gas to fuel low-emission vehicles. Policies to be considered shall include both of the following: (1) The sale-for-resale and the rate-basing of low-emission vehicles and supporting equipment such as batteries for electric vehicles and compressor stations for natural gas fueled vehicles. (2) The development of statewide standards for electric vehicle charger connections and compressed natural gas vehicle fueling connections, including installation procedures and technical assistance to installers. (b) The commission shall hold public hearings as part of its effort to evaluate and implement the new policies considered in subdivision (a), and shall provide a progress report to the Legislature by January 30, 1993, and every two years thereafter, concerning policies on rates, equipment, and infrastructure implemented by the commission and other state agencies, federal and local governmental agencies, and private industry to facilitate the use of  electric power   electricity  and natural gas to fuel low-emission vehicles. (c) The commission's policies authorizing utilities to develop equipment or infrastructure needed for electric-powered and natural gas-fueled low-emission vehicles shall ensure that the costs and expenses of those programs are not passed through to electric or gas ratepayers unless the commission finds and determines that those programs are in the ratepayers' interest. The commission's policies shall also ensure that utilities do not unfairly compete with nonutility enterprises.