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| 1 | + | Amended IN Assembly August 20, 2018 Amended IN Assembly July 03, 2018 Amended IN Assembly June 20, 2018 Amended IN Assembly May 10, 2018 Amended IN Senate April 06, 2017 Amended IN Senate March 22, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 64Introduced by Senator WieckowskiDecember 22, 2016 An act to add Section 42301.19 to the Health and Safety Code, and to add Section 636 to the Public Utilities Code, relating to nonvehicular air pollution.LEGISLATIVE COUNSEL'S DIGESTSB 64, as amended, Wieckowski. Fossil-fuel generation units.Existing law requires stationary sources, including fossil-fueled electrical generating facilities, to obtain a permit from a local air quality management district or air pollution control district (air districts) for operation.This bill would require certain fossil-fueled electrical generating facilities subject to dispatch by a California balancing authority, on a quarterly basis, to provide to the State Air Resources Board all available continuous emissions monitoring data or other data that reflect the emissions of the facility, and all available data on startups, shutdowns, and cycling of fossil-fueled electrical generating facilities. The bill would require the state board to make those data available to the air districts and the public. The bill would require the air districts, during a permit review of a generating facility, to review the relevant data associated with that facility and evaluate certain emission impacts of those facilities. the State Air Resources Board to work with the United States Environmental Protection Agency (USEPA) to obtain continuous emissions monitoring data for certain fossil-fueled electrical generating units in the state collected by the USEPA. If the state board is unable to obtain those data from the USEPA, the bill would require the state board to require each facility, on a quarterly basis, to provide those data to the state board. The bill would require the state board to post data for 2018 on its Internet Web site. The bill would require each air district with those fossil-fueled electrical generating units, within 18 months of the posting of the 2018 data, to complete a report containing specified information regarding the 2018 operations of those units within its jurisdiction. The bill would require the air districts to provide the reports to the Public Utilities Commission (PUC), the State Energy Resources Conservation and Development Commission (Energy Commission), and the state board. Because this bill would impose additional duties on the air districts, this bill would impose a state-mandated local program.Existing law requires the Public Utilities Commission (PUC) PUC to adopt a process for each load-serving entity to file an integrated resource plan to ensure that load-serving entities, among other things, minimize localized air pollutants and other greenhouse gas emissions, with early priority on disadvantaged communities.This bill would require the PUC and the State Energy Resources Conservation and Development Commission, on or before June 1, 2019, Energy Commission, with input from specified entities, entities and with consideration given to the reports from the air districts described above, to complete a study with recommendations on how to reduce the electrical generation from, and prioritize the retirement of, natural gas-fired electrical generating units to minimize localized air pollution, or eliminate emissions of air pollutants, as specified, with early priority for disadvantaged communities. The bill would require the PUC to incorporate the recommendations conduct the study as a part of the integrated resource plan process. Because a violation of an order of the PUC implementing this provision would be a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for specified reasons.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42301.19 is added to the Health and Safety Code, to read:42301.19. (a) For purposes of this section, the following definitions apply:(1) California balancing authority has the same meaning as set forth in Section 399.12 of the Public Utilities Code.(2) Disadvantaged community means a community identified as a disadvantaged community pursuant to Section 39711.(3)Electrical corporation has the same meaning as defined in Section 218 of the Public Utilities Code.(4)Exempt wholesale generator has the same meaning as defined in the Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)).(5)(3) Facility means a fossil-fueled electrical generating unit or facility that is subject to dispatch by a California balancing authority and is owned or operated by an exempt wholesale generator, an electrical corporation, or a local publicly owned electric utility. unit with a nameplate capacity of 25 or more megawatts.(6)Local publicly owned electric utility has the same meaning as defined in Section 224.3 of the Public Utilities Code.(7)Sensitive receptors have the same meaning as set forth in Section 42705.5.(b)(1)Each facility shall, on a quarterly basis, provide to the state board both of the following:(b) (1) The state board shall work with the United States Environmental Protection Agency (USEPA) to obtain all available continuous emissions monitoring data from California facilities collected by the USEPA pursuant to Part 75 (commencing with Section 75.1) of Title 40 of the Code of Federal Regulations. If the state board is not able to obtain those data, or additional data that would facilitate the analysis described in paragraph (1) of subdivision (c), the state board shall require each facility to, on a quarterly basis, provide to the state board, all of the following:(A) All available continuous emissions monitoring data or other data that reflects the emissions of the facility.(B) All available data on startups, shutdowns, and cycling of the facility.(C) Any other reasonably available information to facilitate the analysis described in paragraph (1) of subdivision (c).(2) The state board shall make data provided pursuant to paragraph (1) available to districts and to the public on its Internet Web site and in a format that illustrates the changes of emissions, startups, shutdowns, and cycling over time.(c)On or before June 1, 2019, each district shall undertake a study of all facilities within its jurisdiction to determine the actual hourly, startup, and shutdown average emissions of oxides of nitrogen, total organic gases, and particulate matters. The district shall also identify facilities that are located in disadvantaged communities.(d)(1)During a review for a permit issuance, permit renewal, permit reopening, or permit amendment pursuant to this division for a facility, the district shall evaluate the data made available pursuant to subdivision (b) as to all of the following with respect to the facility:(A)The impacts of the dispatch of the facility on the states effort to minimize emissions from these facilities with priority on minimizing emissions affecting disadvantaged communities.(B)The impacts of the dispatch of the facility in areas classified as nonattainment areas pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).(C)The impact of the dispatch of the facility on sensitive receptors.(2)In making the evaluation pursuant to this subdivision, the district shall not take into account any emission reduction credits used to offset the emissions from the facility.(3)The review shall be conducted in a public process that allows for meaningful public participation.(4)The review for each facility shall occur no later than January 1, 2023.(c) (1) Within 18 months after the state board posts data for 2018 pursuant to paragraph (2) of subdivision (b), each district with a facility operating in 2018 shall complete a report regarding 2018 operations for all facilities within its jurisdiction. The report shall include all of the following:(A) The actual hourly startup, shutdown, partial load, and steady-state average emissions of oxides of nitrogen, total organic gases, and particulate matter to the extent feasible.(B) A description of applicable permit conditions limiting hours of operation, startups, shutdowns, and emissions limitations. This description shall include the dates of issuance of the applicable permit and the permits most recent renewal.(C) (i) A description of the most recent ambient air modeling conducted for the applicable permit including the ambient air modeling of the impact of startup, shutdown, and steady-state emissions.(ii) If no modeling has been conducted to analyze the impact of a particular facilitys startup, shutdown, and steady-state emissions on ambient air, the report shall include a schedule of when the district plans to complete the modeling for that facility. The modeling shall be competed no later than December 31, 2023.(D) A description of the ambient air quality standard attainment status of the area in which each facility is located, and whether each facility is located in a disadvantaged community.(2) A draft of the report shall be published on the districts Internet Web site and a notice of availability of the draft report inviting public comments shall be published in accordance with Section 6061 of the Government Code. The district shall provide a public comment period for the draft report of at least 60 days. The final report shall include responses to any public comments received and shall be made available on the districts Internet Web site.(3) The district shall provide the report to the state board, the Public Utilities Commission, and the State Energy Resources Conservation and Development Commission. The Public Utilities Commission and the State Energy Resources Conservation and Development Commission shall consider the report in the study conducted pursuant to Section 636 of the Public Utilities Code.SEC. 2. Section 636 is added to the Public Utilities Code, to read:636. (a) On or before June 1, 2019, the The commission and the Energy Commission shall, with input from the relevant state agencies, any relevant California balancing authority, as defined in Section 399.12, and the public, and with consideration given to the reports described in subdivision (c) of Section 42301.19 of the Health and Safety Code, conduct and complete a study with recommendations on how to reduce or eliminate emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants from electrical generation from, and prioritize the retirement of, natural gas-fired electrical generating units to minimize the emissions of localized air pollutants generation, while ensuring local and system grid reliability, and optimally and cost-effectively integrating renewable resources, with a priority on minimizing those emissions affecting disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.(b) (1) The commission shall incorporate the recommendations as a part of the process adopted conduct the study specified in subdivision (a) as part of the integrated resources planning process required pursuant to Section 454.52.(2) The Energy Commission shall incorporate the recommendations as a part of the integrated energy policy report adopted pursuant to Section 25302 of the Public Resources Code.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly August 20, 2018 Amended IN Assembly July 03, 2018 Amended IN Assembly June 20, 2018 Amended IN Assembly May 10, 2018 Amended IN Senate April 06, 2017 Amended IN Senate March 22, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 64Introduced by Senator WieckowskiDecember 22, 2016 An act to add Section 42301.19 to the Health and Safety Code, and to add Section 636 to the Public Utilities Code, relating to nonvehicular air pollution.LEGISLATIVE COUNSEL'S DIGESTSB 64, as amended, Wieckowski. Fossil-fuel generation units.Existing law requires stationary sources, including fossil-fueled electrical generating facilities, to obtain a permit from a local air quality management district or air pollution control district (air districts) for operation.This bill would require certain fossil-fueled electrical generating facilities subject to dispatch by a California balancing authority, on a quarterly basis, to provide to the State Air Resources Board all available continuous emissions monitoring data or other data that reflect the emissions of the facility, and all available data on startups, shutdowns, and cycling of fossil-fueled electrical generating facilities. The bill would require the state board to make those data available to the air districts and the public. The bill would require the air districts, during a permit review of a generating facility, to review the relevant data associated with that facility and evaluate certain emission impacts of those facilities. the State Air Resources Board to work with the United States Environmental Protection Agency (USEPA) to obtain continuous emissions monitoring data for certain fossil-fueled electrical generating units in the state collected by the USEPA. If the state board is unable to obtain those data from the USEPA, the bill would require the state board to require each facility, on a quarterly basis, to provide those data to the state board. The bill would require the state board to post data for 2018 on its Internet Web site. The bill would require each air district with those fossil-fueled electrical generating units, within 18 months of the posting of the 2018 data, to complete a report containing specified information regarding the 2018 operations of those units within its jurisdiction. The bill would require the air districts to provide the reports to the Public Utilities Commission (PUC), the State Energy Resources Conservation and Development Commission (Energy Commission), and the state board. Because this bill would impose additional duties on the air districts, this bill would impose a state-mandated local program.Existing law requires the Public Utilities Commission (PUC) PUC to adopt a process for each load-serving entity to file an integrated resource plan to ensure that load-serving entities, among other things, minimize localized air pollutants and other greenhouse gas emissions, with early priority on disadvantaged communities.This bill would require the PUC and the State Energy Resources Conservation and Development Commission, on or before June 1, 2019, Energy Commission, with input from specified entities, entities and with consideration given to the reports from the air districts described above, to complete a study with recommendations on how to reduce the electrical generation from, and prioritize the retirement of, natural gas-fired electrical generating units to minimize localized air pollution, or eliminate emissions of air pollutants, as specified, with early priority for disadvantaged communities. The bill would require the PUC to incorporate the recommendations conduct the study as a part of the integrated resource plan process. Because a violation of an order of the PUC implementing this provision would be a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for specified reasons.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly August 20, 2018 Amended IN Assembly July 03, 2018 Amended IN Assembly June 20, 2018 Amended IN Assembly May 10, 2018 Amended IN Senate April 06, 2017 Amended IN Senate March 22, 2017 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly August 24, 2018 | |
| 8 | 7 | Amended IN Assembly August 20, 2018 | |
| 9 | 8 | Amended IN Assembly July 03, 2018 | |
| 10 | 9 | Amended IN Assembly June 20, 2018 | |
| 11 | 10 | Amended IN Assembly May 10, 2018 | |
| 12 | 11 | Amended IN Senate April 06, 2017 | |
| 13 | 12 | Amended IN Senate March 22, 2017 | |
| 14 | 13 | ||
| 15 | 14 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 16 | 15 | ||
| 17 | 16 | Senate Bill No. 64 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Senator WieckowskiDecember 22, 2016 | |
| 20 | 19 | ||
| 21 | 20 | Introduced by Senator Wieckowski | |
| 22 | 21 | December 22, 2016 | |
| 23 | 22 | ||
| 24 | 23 | An act to add Section 42301.19 to the Health and Safety Code, and to add Section 636 to the Public Utilities Code, relating to nonvehicular air pollution. | |
| 25 | 24 | ||
| 26 | 25 | LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | 27 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 29 | 28 | ||
| 30 | 29 | SB 64, as amended, Wieckowski. Fossil-fuel generation units. | |
| 31 | 30 | ||
| 32 | - | Existing law requires stationary sources, including fossil-fueled electrical generating facilities, to obtain a permit from a local air quality management district or air pollution control district (air districts) for operation.This bill would require the State Air Resources Board to work with the United States Environmental Protection Agency (USEPA) to obtain continuous emissions monitoring data for certain fossil-fueled electrical generating units in the state collected by the USEPA. If the state board is unable to obtain those data from the USEPA, the bill would require the state board to require each facility, on a quarterly basis, to provide those data to the state board. The bill would require the state board to post data for 2018 on its Internet Web site. The bill would require each air district with those fossil-fueled electrical generating units, within 18 months of the posting of the 2018 data, to complete a report containing specified information regarding the 2018 operations of those units within its jurisdiction. The bill would require the air districts to provide the reports to the Public Utilities Commission (PUC), the State Energy Resources Conservation and Development Commission (Energy Commission), and the state board. Because this bill would impose additional duties on the air districts, this bill would impose a state-mandated local program.Existing law requires the PUC to adopt a process for each load-serving entity to file an integrated resource plan to ensure that load-serving entities, among other things, minimize localized air pollutants and other greenhouse gas emissions, with early priority on disadvantaged communities.This bill would require the PUC and the Energy Commission, with input from specified entities and with consideration given to the reports from the air districts described above, to complete a study with recommendations on how to reduce or eliminate emissions of air pollutants, as specified, with early priority for disadvantaged communities. The bill would require the PUC to conduct the study as part of the integrated resource plan process.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 31 | + | Existing law requires stationary sources, including fossil-fueled electrical generating facilities, to obtain a permit from a local air quality management district or air pollution control district (air districts) for operation.This bill would require certain fossil-fueled electrical generating facilities subject to dispatch by a California balancing authority, on a quarterly basis, to provide to the State Air Resources Board all available continuous emissions monitoring data or other data that reflect the emissions of the facility, and all available data on startups, shutdowns, and cycling of fossil-fueled electrical generating facilities. The bill would require the state board to make those data available to the air districts and the public. The bill would require the air districts, during a permit review of a generating facility, to review the relevant data associated with that facility and evaluate certain emission impacts of those facilities. the State Air Resources Board to work with the United States Environmental Protection Agency (USEPA) to obtain continuous emissions monitoring data for certain fossil-fueled electrical generating units in the state collected by the USEPA. If the state board is unable to obtain those data from the USEPA, the bill would require the state board to require each facility, on a quarterly basis, to provide those data to the state board. The bill would require the state board to post data for 2018 on its Internet Web site. The bill would require each air district with those fossil-fueled electrical generating units, within 18 months of the posting of the 2018 data, to complete a report containing specified information regarding the 2018 operations of those units within its jurisdiction. The bill would require the air districts to provide the reports to the Public Utilities Commission (PUC), the State Energy Resources Conservation and Development Commission (Energy Commission), and the state board. Because this bill would impose additional duties on the air districts, this bill would impose a state-mandated local program.Existing law requires the Public Utilities Commission (PUC) PUC to adopt a process for each load-serving entity to file an integrated resource plan to ensure that load-serving entities, among other things, minimize localized air pollutants and other greenhouse gas emissions, with early priority on disadvantaged communities.This bill would require the PUC and the State Energy Resources Conservation and Development Commission, on or before June 1, 2019, Energy Commission, with input from specified entities, entities and with consideration given to the reports from the air districts described above, to complete a study with recommendations on how to reduce the electrical generation from, and prioritize the retirement of, natural gas-fired electrical generating units to minimize localized air pollution, or eliminate emissions of air pollutants, as specified, with early priority for disadvantaged communities. The bill would require the PUC to incorporate the recommendations conduct the study as a part of the integrated resource plan process. Because a violation of an order of the PUC implementing this provision would be a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for specified reasons.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 33 | 32 | ||
| 34 | 33 | Existing law requires stationary sources, including fossil-fueled electrical generating facilities, to obtain a permit from a local air quality management district or air pollution control district (air districts) for operation. | |
| 35 | 34 | ||
| 36 | - | This bill would require the State Air Resources Board to work with the United States Environmental Protection Agency (USEPA) to obtain continuous emissions monitoring data for certain fossil-fueled electrical generating units in the state collected by the USEPA. If the state board is unable to obtain those data from the USEPA, the bill would require the state board to require each facility, on a quarterly basis, to provide those data to the state board. The bill would require the state board to post data for 2018 on its Internet Web site. The bill would require each air district with those fossil-fueled electrical generating units, within 18 months of the posting of the 2018 data, to complete a report containing specified information regarding the 2018 operations of those units within its jurisdiction. The bill would require the air districts to provide the reports to the Public Utilities Commission (PUC), the State Energy Resources Conservation and Development Commission (Energy Commission), and the state board. Because this bill would impose additional duties on the air districts, this bill would impose a state-mandated local program. | |
| 35 | + | This bill would require certain fossil-fueled electrical generating facilities subject to dispatch by a California balancing authority, on a quarterly basis, to provide to the State Air Resources Board all available continuous emissions monitoring data or other data that reflect the emissions of the facility, and all available data on startups, shutdowns, and cycling of fossil-fueled electrical generating facilities. The bill would require the state board to make those data available to the air districts and the public. The bill would require the air districts, during a permit review of a generating facility, to review the relevant data associated with that facility and evaluate certain emission impacts of those facilities. the State Air Resources Board to work with the United States Environmental Protection Agency (USEPA) to obtain continuous emissions monitoring data for certain fossil-fueled electrical generating units in the state collected by the USEPA. If the state board is unable to obtain those data from the USEPA, the bill would require the state board to require each facility, on a quarterly basis, to provide those data to the state board. The bill would require the state board to post data for 2018 on its Internet Web site. The bill would require each air district with those fossil-fueled electrical generating units, within 18 months of the posting of the 2018 data, to complete a report containing specified information regarding the 2018 operations of those units within its jurisdiction. The bill would require the air districts to provide the reports to the Public Utilities Commission (PUC), the State Energy Resources Conservation and Development Commission (Energy Commission), and the state board. Because this bill would impose additional duties on the air districts, this bill would impose a state-mandated local program. | |
| 37 | 36 | ||
| 38 | - | Existing law requires the PUC to adopt a process for each load-serving entity to file an integrated resource plan to ensure that load-serving entities, among other things, minimize localized air pollutants and other greenhouse gas emissions, with early priority on disadvantaged communities. | |
| 37 | + | Existing law requires the Public Utilities Commission (PUC) PUC to adopt a process for each load-serving entity to file an integrated resource plan to ensure that load-serving entities, among other things, minimize localized air pollutants and other greenhouse gas emissions, with early priority on disadvantaged communities. | |
| 39 | 38 | ||
| 40 | - | This bill would require the PUC and the Energy Commission, with input from specified entities and with consideration given to the reports from the air districts described above, to complete a study with recommendations on how to reduce or eliminate emissions of air pollutants, as specified, with early priority for disadvantaged communities. The bill would require the PUC to conduct the study as part of the integrated resource plan process. | |
| 39 | + | This bill would require the PUC and the State Energy Resources Conservation and Development Commission, on or before June 1, 2019, Energy Commission, with input from specified entities, entities and with consideration given to the reports from the air districts described above, to complete a study with recommendations on how to reduce the electrical generation from, and prioritize the retirement of, natural gas-fired electrical generating units to minimize localized air pollution, or eliminate emissions of air pollutants, as specified, with early priority for disadvantaged communities. The bill would require the PUC to incorporate the recommendations conduct the study as a part of the integrated resource plan process. Because a violation of an order of the PUC implementing this provision would be a crime, this bill would impose a state-mandated local program. | |
| 40 | + | ||
| 41 | + | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 42 | + | ||
| 43 | + | ||
| 44 | + | ||
| 45 | + | This bill would provide that no reimbursement is required by this act for specified reasons. | |
| 46 | + | ||
| 47 | + | ||
| 41 | 48 | ||
| 42 | 49 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 43 | 50 | ||
| 44 | 51 | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 45 | 52 | ||
| 46 | 53 | ## Digest Key | |
| 47 | 54 | ||
| 48 | 55 | ## Bill Text | |
| 49 | 56 | ||
| 50 | - | The people of the State of California do enact as follows:SECTION 1. Section 42301.19 is added to the Health and Safety Code, to read:42301.19. (a) For purposes of this section, the following definitions apply:(1)California balancing authority has the same meaning as set forth in Section 399.12 of the Public Utilities Code.(2) | |
| 57 | + | The people of the State of California do enact as follows:SECTION 1. Section 42301.19 is added to the Health and Safety Code, to read:42301.19. (a) For purposes of this section, the following definitions apply:(1) California balancing authority has the same meaning as set forth in Section 399.12 of the Public Utilities Code.(2) Disadvantaged community means a community identified as a disadvantaged community pursuant to Section 39711.(3)Electrical corporation has the same meaning as defined in Section 218 of the Public Utilities Code.(4)Exempt wholesale generator has the same meaning as defined in the Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)).(5)(3) Facility means a fossil-fueled electrical generating unit or facility that is subject to dispatch by a California balancing authority and is owned or operated by an exempt wholesale generator, an electrical corporation, or a local publicly owned electric utility. unit with a nameplate capacity of 25 or more megawatts.(6)Local publicly owned electric utility has the same meaning as defined in Section 224.3 of the Public Utilities Code.(7)Sensitive receptors have the same meaning as set forth in Section 42705.5.(b)(1)Each facility shall, on a quarterly basis, provide to the state board both of the following:(b) (1) The state board shall work with the United States Environmental Protection Agency (USEPA) to obtain all available continuous emissions monitoring data from California facilities collected by the USEPA pursuant to Part 75 (commencing with Section 75.1) of Title 40 of the Code of Federal Regulations. If the state board is not able to obtain those data, or additional data that would facilitate the analysis described in paragraph (1) of subdivision (c), the state board shall require each facility to, on a quarterly basis, provide to the state board, all of the following:(A) All available continuous emissions monitoring data or other data that reflects the emissions of the facility.(B) All available data on startups, shutdowns, and cycling of the facility.(C) Any other reasonably available information to facilitate the analysis described in paragraph (1) of subdivision (c).(2) The state board shall make data provided pursuant to paragraph (1) available to districts and to the public on its Internet Web site and in a format that illustrates the changes of emissions, startups, shutdowns, and cycling over time.(c)On or before June 1, 2019, each district shall undertake a study of all facilities within its jurisdiction to determine the actual hourly, startup, and shutdown average emissions of oxides of nitrogen, total organic gases, and particulate matters. The district shall also identify facilities that are located in disadvantaged communities.(d)(1)During a review for a permit issuance, permit renewal, permit reopening, or permit amendment pursuant to this division for a facility, the district shall evaluate the data made available pursuant to subdivision (b) as to all of the following with respect to the facility:(A)The impacts of the dispatch of the facility on the states effort to minimize emissions from these facilities with priority on minimizing emissions affecting disadvantaged communities.(B)The impacts of the dispatch of the facility in areas classified as nonattainment areas pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).(C)The impact of the dispatch of the facility on sensitive receptors.(2)In making the evaluation pursuant to this subdivision, the district shall not take into account any emission reduction credits used to offset the emissions from the facility.(3)The review shall be conducted in a public process that allows for meaningful public participation.(4)The review for each facility shall occur no later than January 1, 2023.(c) (1) Within 18 months after the state board posts data for 2018 pursuant to paragraph (2) of subdivision (b), each district with a facility operating in 2018 shall complete a report regarding 2018 operations for all facilities within its jurisdiction. The report shall include all of the following:(A) The actual hourly startup, shutdown, partial load, and steady-state average emissions of oxides of nitrogen, total organic gases, and particulate matter to the extent feasible.(B) A description of applicable permit conditions limiting hours of operation, startups, shutdowns, and emissions limitations. This description shall include the dates of issuance of the applicable permit and the permits most recent renewal.(C) (i) A description of the most recent ambient air modeling conducted for the applicable permit including the ambient air modeling of the impact of startup, shutdown, and steady-state emissions.(ii) If no modeling has been conducted to analyze the impact of a particular facilitys startup, shutdown, and steady-state emissions on ambient air, the report shall include a schedule of when the district plans to complete the modeling for that facility. The modeling shall be competed no later than December 31, 2023.(D) A description of the ambient air quality standard attainment status of the area in which each facility is located, and whether each facility is located in a disadvantaged community.(2) A draft of the report shall be published on the districts Internet Web site and a notice of availability of the draft report inviting public comments shall be published in accordance with Section 6061 of the Government Code. The district shall provide a public comment period for the draft report of at least 60 days. The final report shall include responses to any public comments received and shall be made available on the districts Internet Web site.(3) The district shall provide the report to the state board, the Public Utilities Commission, and the State Energy Resources Conservation and Development Commission. The Public Utilities Commission and the State Energy Resources Conservation and Development Commission shall consider the report in the study conducted pursuant to Section 636 of the Public Utilities Code.SEC. 2. Section 636 is added to the Public Utilities Code, to read:636. (a) On or before June 1, 2019, the The commission and the Energy Commission shall, with input from the relevant state agencies, any relevant California balancing authority, as defined in Section 399.12, and the public, and with consideration given to the reports described in subdivision (c) of Section 42301.19 of the Health and Safety Code, conduct and complete a study with recommendations on how to reduce or eliminate emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants from electrical generation from, and prioritize the retirement of, natural gas-fired electrical generating units to minimize the emissions of localized air pollutants generation, while ensuring local and system grid reliability, and optimally and cost-effectively integrating renewable resources, with a priority on minimizing those emissions affecting disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.(b) (1) The commission shall incorporate the recommendations as a part of the process adopted conduct the study specified in subdivision (a) as part of the integrated resources planning process required pursuant to Section 454.52.(2) The Energy Commission shall incorporate the recommendations as a part of the integrated energy policy report adopted pursuant to Section 25302 of the Public Resources Code.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 51 | 58 | ||
| 52 | 59 | The people of the State of California do enact as follows: | |
| 53 | 60 | ||
| 54 | 61 | ## The people of the State of California do enact as follows: | |
| 55 | 62 | ||
| 56 | - | SECTION 1. Section 42301.19 is added to the Health and Safety Code, to read:42301.19. (a) For purposes of this section, the following definitions apply:(1)California balancing authority has the same meaning as set forth in Section 399.12 of the Public Utilities Code.(2) | |
| 63 | + | SECTION 1. Section 42301.19 is added to the Health and Safety Code, to read:42301.19. (a) For purposes of this section, the following definitions apply:(1) California balancing authority has the same meaning as set forth in Section 399.12 of the Public Utilities Code.(2) Disadvantaged community means a community identified as a disadvantaged community pursuant to Section 39711.(3)Electrical corporation has the same meaning as defined in Section 218 of the Public Utilities Code.(4)Exempt wholesale generator has the same meaning as defined in the Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)).(5)(3) Facility means a fossil-fueled electrical generating unit or facility that is subject to dispatch by a California balancing authority and is owned or operated by an exempt wholesale generator, an electrical corporation, or a local publicly owned electric utility. unit with a nameplate capacity of 25 or more megawatts.(6)Local publicly owned electric utility has the same meaning as defined in Section 224.3 of the Public Utilities Code.(7)Sensitive receptors have the same meaning as set forth in Section 42705.5.(b)(1)Each facility shall, on a quarterly basis, provide to the state board both of the following:(b) (1) The state board shall work with the United States Environmental Protection Agency (USEPA) to obtain all available continuous emissions monitoring data from California facilities collected by the USEPA pursuant to Part 75 (commencing with Section 75.1) of Title 40 of the Code of Federal Regulations. If the state board is not able to obtain those data, or additional data that would facilitate the analysis described in paragraph (1) of subdivision (c), the state board shall require each facility to, on a quarterly basis, provide to the state board, all of the following:(A) All available continuous emissions monitoring data or other data that reflects the emissions of the facility.(B) All available data on startups, shutdowns, and cycling of the facility.(C) Any other reasonably available information to facilitate the analysis described in paragraph (1) of subdivision (c).(2) The state board shall make data provided pursuant to paragraph (1) available to districts and to the public on its Internet Web site and in a format that illustrates the changes of emissions, startups, shutdowns, and cycling over time.(c)On or before June 1, 2019, each district shall undertake a study of all facilities within its jurisdiction to determine the actual hourly, startup, and shutdown average emissions of oxides of nitrogen, total organic gases, and particulate matters. The district shall also identify facilities that are located in disadvantaged communities.(d)(1)During a review for a permit issuance, permit renewal, permit reopening, or permit amendment pursuant to this division for a facility, the district shall evaluate the data made available pursuant to subdivision (b) as to all of the following with respect to the facility:(A)The impacts of the dispatch of the facility on the states effort to minimize emissions from these facilities with priority on minimizing emissions affecting disadvantaged communities.(B)The impacts of the dispatch of the facility in areas classified as nonattainment areas pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).(C)The impact of the dispatch of the facility on sensitive receptors.(2)In making the evaluation pursuant to this subdivision, the district shall not take into account any emission reduction credits used to offset the emissions from the facility.(3)The review shall be conducted in a public process that allows for meaningful public participation.(4)The review for each facility shall occur no later than January 1, 2023.(c) (1) Within 18 months after the state board posts data for 2018 pursuant to paragraph (2) of subdivision (b), each district with a facility operating in 2018 shall complete a report regarding 2018 operations for all facilities within its jurisdiction. The report shall include all of the following:(A) The actual hourly startup, shutdown, partial load, and steady-state average emissions of oxides of nitrogen, total organic gases, and particulate matter to the extent feasible.(B) A description of applicable permit conditions limiting hours of operation, startups, shutdowns, and emissions limitations. This description shall include the dates of issuance of the applicable permit and the permits most recent renewal.(C) (i) A description of the most recent ambient air modeling conducted for the applicable permit including the ambient air modeling of the impact of startup, shutdown, and steady-state emissions.(ii) If no modeling has been conducted to analyze the impact of a particular facilitys startup, shutdown, and steady-state emissions on ambient air, the report shall include a schedule of when the district plans to complete the modeling for that facility. The modeling shall be competed no later than December 31, 2023.(D) A description of the ambient air quality standard attainment status of the area in which each facility is located, and whether each facility is located in a disadvantaged community.(2) A draft of the report shall be published on the districts Internet Web site and a notice of availability of the draft report inviting public comments shall be published in accordance with Section 6061 of the Government Code. The district shall provide a public comment period for the draft report of at least 60 days. The final report shall include responses to any public comments received and shall be made available on the districts Internet Web site.(3) The district shall provide the report to the state board, the Public Utilities Commission, and the State Energy Resources Conservation and Development Commission. The Public Utilities Commission and the State Energy Resources Conservation and Development Commission shall consider the report in the study conducted pursuant to Section 636 of the Public Utilities Code. | |
| 57 | 64 | ||
| 58 | 65 | SECTION 1. Section 42301.19 is added to the Health and Safety Code, to read: | |
| 59 | 66 | ||
| 60 | 67 | ### SECTION 1. | |
| 61 | 68 | ||
| 62 | - | 42301.19. (a) For purposes of this section, the following definitions apply:(1)California balancing authority has the same meaning as set forth in Section 399.12 of the Public Utilities Code.(2) | |
| 69 | + | 42301.19. (a) For purposes of this section, the following definitions apply:(1) California balancing authority has the same meaning as set forth in Section 399.12 of the Public Utilities Code.(2) Disadvantaged community means a community identified as a disadvantaged community pursuant to Section 39711.(3)Electrical corporation has the same meaning as defined in Section 218 of the Public Utilities Code.(4)Exempt wholesale generator has the same meaning as defined in the Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)).(5)(3) Facility means a fossil-fueled electrical generating unit or facility that is subject to dispatch by a California balancing authority and is owned or operated by an exempt wholesale generator, an electrical corporation, or a local publicly owned electric utility. unit with a nameplate capacity of 25 or more megawatts.(6)Local publicly owned electric utility has the same meaning as defined in Section 224.3 of the Public Utilities Code.(7)Sensitive receptors have the same meaning as set forth in Section 42705.5.(b)(1)Each facility shall, on a quarterly basis, provide to the state board both of the following:(b) (1) The state board shall work with the United States Environmental Protection Agency (USEPA) to obtain all available continuous emissions monitoring data from California facilities collected by the USEPA pursuant to Part 75 (commencing with Section 75.1) of Title 40 of the Code of Federal Regulations. If the state board is not able to obtain those data, or additional data that would facilitate the analysis described in paragraph (1) of subdivision (c), the state board shall require each facility to, on a quarterly basis, provide to the state board, all of the following:(A) All available continuous emissions monitoring data or other data that reflects the emissions of the facility.(B) All available data on startups, shutdowns, and cycling of the facility.(C) Any other reasonably available information to facilitate the analysis described in paragraph (1) of subdivision (c).(2) The state board shall make data provided pursuant to paragraph (1) available to districts and to the public on its Internet Web site and in a format that illustrates the changes of emissions, startups, shutdowns, and cycling over time.(c)On or before June 1, 2019, each district shall undertake a study of all facilities within its jurisdiction to determine the actual hourly, startup, and shutdown average emissions of oxides of nitrogen, total organic gases, and particulate matters. The district shall also identify facilities that are located in disadvantaged communities.(d)(1)During a review for a permit issuance, permit renewal, permit reopening, or permit amendment pursuant to this division for a facility, the district shall evaluate the data made available pursuant to subdivision (b) as to all of the following with respect to the facility:(A)The impacts of the dispatch of the facility on the states effort to minimize emissions from these facilities with priority on minimizing emissions affecting disadvantaged communities.(B)The impacts of the dispatch of the facility in areas classified as nonattainment areas pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).(C)The impact of the dispatch of the facility on sensitive receptors.(2)In making the evaluation pursuant to this subdivision, the district shall not take into account any emission reduction credits used to offset the emissions from the facility.(3)The review shall be conducted in a public process that allows for meaningful public participation.(4)The review for each facility shall occur no later than January 1, 2023.(c) (1) Within 18 months after the state board posts data for 2018 pursuant to paragraph (2) of subdivision (b), each district with a facility operating in 2018 shall complete a report regarding 2018 operations for all facilities within its jurisdiction. The report shall include all of the following:(A) The actual hourly startup, shutdown, partial load, and steady-state average emissions of oxides of nitrogen, total organic gases, and particulate matter to the extent feasible.(B) A description of applicable permit conditions limiting hours of operation, startups, shutdowns, and emissions limitations. This description shall include the dates of issuance of the applicable permit and the permits most recent renewal.(C) (i) A description of the most recent ambient air modeling conducted for the applicable permit including the ambient air modeling of the impact of startup, shutdown, and steady-state emissions.(ii) If no modeling has been conducted to analyze the impact of a particular facilitys startup, shutdown, and steady-state emissions on ambient air, the report shall include a schedule of when the district plans to complete the modeling for that facility. The modeling shall be competed no later than December 31, 2023.(D) A description of the ambient air quality standard attainment status of the area in which each facility is located, and whether each facility is located in a disadvantaged community.(2) A draft of the report shall be published on the districts Internet Web site and a notice of availability of the draft report inviting public comments shall be published in accordance with Section 6061 of the Government Code. The district shall provide a public comment period for the draft report of at least 60 days. The final report shall include responses to any public comments received and shall be made available on the districts Internet Web site.(3) The district shall provide the report to the state board, the Public Utilities Commission, and the State Energy Resources Conservation and Development Commission. The Public Utilities Commission and the State Energy Resources Conservation and Development Commission shall consider the report in the study conducted pursuant to Section 636 of the Public Utilities Code. | |
| 63 | 70 | ||
| 64 | - | 42301.19. (a) For purposes of this section, the following definitions apply:(1)California balancing authority has the same meaning as set forth in Section 399.12 of the Public Utilities Code.(2) | |
| 71 | + | 42301.19. (a) For purposes of this section, the following definitions apply:(1) California balancing authority has the same meaning as set forth in Section 399.12 of the Public Utilities Code.(2) Disadvantaged community means a community identified as a disadvantaged community pursuant to Section 39711.(3)Electrical corporation has the same meaning as defined in Section 218 of the Public Utilities Code.(4)Exempt wholesale generator has the same meaning as defined in the Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)).(5)(3) Facility means a fossil-fueled electrical generating unit or facility that is subject to dispatch by a California balancing authority and is owned or operated by an exempt wholesale generator, an electrical corporation, or a local publicly owned electric utility. unit with a nameplate capacity of 25 or more megawatts.(6)Local publicly owned electric utility has the same meaning as defined in Section 224.3 of the Public Utilities Code.(7)Sensitive receptors have the same meaning as set forth in Section 42705.5.(b)(1)Each facility shall, on a quarterly basis, provide to the state board both of the following:(b) (1) The state board shall work with the United States Environmental Protection Agency (USEPA) to obtain all available continuous emissions monitoring data from California facilities collected by the USEPA pursuant to Part 75 (commencing with Section 75.1) of Title 40 of the Code of Federal Regulations. If the state board is not able to obtain those data, or additional data that would facilitate the analysis described in paragraph (1) of subdivision (c), the state board shall require each facility to, on a quarterly basis, provide to the state board, all of the following:(A) All available continuous emissions monitoring data or other data that reflects the emissions of the facility.(B) All available data on startups, shutdowns, and cycling of the facility.(C) Any other reasonably available information to facilitate the analysis described in paragraph (1) of subdivision (c).(2) The state board shall make data provided pursuant to paragraph (1) available to districts and to the public on its Internet Web site and in a format that illustrates the changes of emissions, startups, shutdowns, and cycling over time.(c)On or before June 1, 2019, each district shall undertake a study of all facilities within its jurisdiction to determine the actual hourly, startup, and shutdown average emissions of oxides of nitrogen, total organic gases, and particulate matters. The district shall also identify facilities that are located in disadvantaged communities.(d)(1)During a review for a permit issuance, permit renewal, permit reopening, or permit amendment pursuant to this division for a facility, the district shall evaluate the data made available pursuant to subdivision (b) as to all of the following with respect to the facility:(A)The impacts of the dispatch of the facility on the states effort to minimize emissions from these facilities with priority on minimizing emissions affecting disadvantaged communities.(B)The impacts of the dispatch of the facility in areas classified as nonattainment areas pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).(C)The impact of the dispatch of the facility on sensitive receptors.(2)In making the evaluation pursuant to this subdivision, the district shall not take into account any emission reduction credits used to offset the emissions from the facility.(3)The review shall be conducted in a public process that allows for meaningful public participation.(4)The review for each facility shall occur no later than January 1, 2023.(c) (1) Within 18 months after the state board posts data for 2018 pursuant to paragraph (2) of subdivision (b), each district with a facility operating in 2018 shall complete a report regarding 2018 operations for all facilities within its jurisdiction. The report shall include all of the following:(A) The actual hourly startup, shutdown, partial load, and steady-state average emissions of oxides of nitrogen, total organic gases, and particulate matter to the extent feasible.(B) A description of applicable permit conditions limiting hours of operation, startups, shutdowns, and emissions limitations. This description shall include the dates of issuance of the applicable permit and the permits most recent renewal.(C) (i) A description of the most recent ambient air modeling conducted for the applicable permit including the ambient air modeling of the impact of startup, shutdown, and steady-state emissions.(ii) If no modeling has been conducted to analyze the impact of a particular facilitys startup, shutdown, and steady-state emissions on ambient air, the report shall include a schedule of when the district plans to complete the modeling for that facility. The modeling shall be competed no later than December 31, 2023.(D) A description of the ambient air quality standard attainment status of the area in which each facility is located, and whether each facility is located in a disadvantaged community.(2) A draft of the report shall be published on the districts Internet Web site and a notice of availability of the draft report inviting public comments shall be published in accordance with Section 6061 of the Government Code. The district shall provide a public comment period for the draft report of at least 60 days. The final report shall include responses to any public comments received and shall be made available on the districts Internet Web site.(3) The district shall provide the report to the state board, the Public Utilities Commission, and the State Energy Resources Conservation and Development Commission. The Public Utilities Commission and the State Energy Resources Conservation and Development Commission shall consider the report in the study conducted pursuant to Section 636 of the Public Utilities Code. | |
| 65 | 72 | ||
| 66 | - | 42301.19. (a) For purposes of this section, the following definitions apply:(1)California balancing authority has the same meaning as set forth in Section 399.12 of the Public Utilities Code.(2) | |
| 73 | + | 42301.19. (a) For purposes of this section, the following definitions apply:(1) California balancing authority has the same meaning as set forth in Section 399.12 of the Public Utilities Code.(2) Disadvantaged community means a community identified as a disadvantaged community pursuant to Section 39711.(3)Electrical corporation has the same meaning as defined in Section 218 of the Public Utilities Code.(4)Exempt wholesale generator has the same meaning as defined in the Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)).(5)(3) Facility means a fossil-fueled electrical generating unit or facility that is subject to dispatch by a California balancing authority and is owned or operated by an exempt wholesale generator, an electrical corporation, or a local publicly owned electric utility. unit with a nameplate capacity of 25 or more megawatts.(6)Local publicly owned electric utility has the same meaning as defined in Section 224.3 of the Public Utilities Code.(7)Sensitive receptors have the same meaning as set forth in Section 42705.5.(b)(1)Each facility shall, on a quarterly basis, provide to the state board both of the following:(b) (1) The state board shall work with the United States Environmental Protection Agency (USEPA) to obtain all available continuous emissions monitoring data from California facilities collected by the USEPA pursuant to Part 75 (commencing with Section 75.1) of Title 40 of the Code of Federal Regulations. If the state board is not able to obtain those data, or additional data that would facilitate the analysis described in paragraph (1) of subdivision (c), the state board shall require each facility to, on a quarterly basis, provide to the state board, all of the following:(A) All available continuous emissions monitoring data or other data that reflects the emissions of the facility.(B) All available data on startups, shutdowns, and cycling of the facility.(C) Any other reasonably available information to facilitate the analysis described in paragraph (1) of subdivision (c).(2) The state board shall make data provided pursuant to paragraph (1) available to districts and to the public on its Internet Web site and in a format that illustrates the changes of emissions, startups, shutdowns, and cycling over time.(c)On or before June 1, 2019, each district shall undertake a study of all facilities within its jurisdiction to determine the actual hourly, startup, and shutdown average emissions of oxides of nitrogen, total organic gases, and particulate matters. The district shall also identify facilities that are located in disadvantaged communities.(d)(1)During a review for a permit issuance, permit renewal, permit reopening, or permit amendment pursuant to this division for a facility, the district shall evaluate the data made available pursuant to subdivision (b) as to all of the following with respect to the facility:(A)The impacts of the dispatch of the facility on the states effort to minimize emissions from these facilities with priority on minimizing emissions affecting disadvantaged communities.(B)The impacts of the dispatch of the facility in areas classified as nonattainment areas pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).(C)The impact of the dispatch of the facility on sensitive receptors.(2)In making the evaluation pursuant to this subdivision, the district shall not take into account any emission reduction credits used to offset the emissions from the facility.(3)The review shall be conducted in a public process that allows for meaningful public participation.(4)The review for each facility shall occur no later than January 1, 2023.(c) (1) Within 18 months after the state board posts data for 2018 pursuant to paragraph (2) of subdivision (b), each district with a facility operating in 2018 shall complete a report regarding 2018 operations for all facilities within its jurisdiction. The report shall include all of the following:(A) The actual hourly startup, shutdown, partial load, and steady-state average emissions of oxides of nitrogen, total organic gases, and particulate matter to the extent feasible.(B) A description of applicable permit conditions limiting hours of operation, startups, shutdowns, and emissions limitations. This description shall include the dates of issuance of the applicable permit and the permits most recent renewal.(C) (i) A description of the most recent ambient air modeling conducted for the applicable permit including the ambient air modeling of the impact of startup, shutdown, and steady-state emissions.(ii) If no modeling has been conducted to analyze the impact of a particular facilitys startup, shutdown, and steady-state emissions on ambient air, the report shall include a schedule of when the district plans to complete the modeling for that facility. The modeling shall be competed no later than December 31, 2023.(D) A description of the ambient air quality standard attainment status of the area in which each facility is located, and whether each facility is located in a disadvantaged community.(2) A draft of the report shall be published on the districts Internet Web site and a notice of availability of the draft report inviting public comments shall be published in accordance with Section 6061 of the Government Code. The district shall provide a public comment period for the draft report of at least 60 days. The final report shall include responses to any public comments received and shall be made available on the districts Internet Web site.(3) The district shall provide the report to the state board, the Public Utilities Commission, and the State Energy Resources Conservation and Development Commission. The Public Utilities Commission and the State Energy Resources Conservation and Development Commission shall consider the report in the study conducted pursuant to Section 636 of the Public Utilities Code. | |
| 67 | 74 | ||
| 68 | 75 | ||
| 69 | 76 | ||
| 70 | 77 | 42301.19. (a) For purposes of this section, the following definitions apply: | |
| 71 | 78 | ||
| 72 | 79 | (1) California balancing authority has the same meaning as set forth in Section 399.12 of the Public Utilities Code. | |
| 73 | 80 | ||
| 81 | + | (2) Disadvantaged community means a community identified as a disadvantaged community pursuant to Section 39711. | |
| 74 | 82 | ||
| 75 | - | ||
| 76 | - | (2) | |
| 83 | + | (3)Electrical corporation has the same meaning as defined in Section 218 of the Public Utilities Code. | |
| 77 | 84 | ||
| 78 | 85 | ||
| 79 | 86 | ||
| 80 | - | (1) Disadvantaged community means a community identified as a disadvantaged community pursuant to Section 39711. | |
| 81 | - | ||
| 82 | - | (3) | |
| 87 | + | (4)Exempt wholesale generator has the same meaning as defined in the Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)). | |
| 83 | 88 | ||
| 84 | 89 | ||
| 85 | 90 | ||
| 86 | - | (2) Facility means a fossil-fueled electrical generating unit with a nameplate capacity of 25 or more megawatts. | |
| 91 | + | (5) | |
| 92 | + | ||
| 93 | + | ||
| 94 | + | ||
| 95 | + | (3) Facility means a fossil-fueled electrical generating unit or facility that is subject to dispatch by a California balancing authority and is owned or operated by an exempt wholesale generator, an electrical corporation, or a local publicly owned electric utility. unit with a nameplate capacity of 25 or more megawatts. | |
| 96 | + | ||
| 97 | + | (6)Local publicly owned electric utility has the same meaning as defined in Section 224.3 of the Public Utilities Code. | |
| 98 | + | ||
| 99 | + | ||
| 100 | + | ||
| 101 | + | (7)Sensitive receptors have the same meaning as set forth in Section 42705.5. | |
| 102 | + | ||
| 103 | + | ||
| 104 | + | ||
| 105 | + | (b)(1)Each facility shall, on a quarterly basis, provide to the state board both of the following: | |
| 106 | + | ||
| 107 | + | ||
| 87 | 108 | ||
| 88 | 109 | (b) (1) The state board shall work with the United States Environmental Protection Agency (USEPA) to obtain all available continuous emissions monitoring data from California facilities collected by the USEPA pursuant to Part 75 (commencing with Section 75.1) of Title 40 of the Code of Federal Regulations. If the state board is not able to obtain those data, or additional data that would facilitate the analysis described in paragraph (1) of subdivision (c), the state board shall require each facility to, on a quarterly basis, provide to the state board, all of the following: | |
| 89 | 110 | ||
| 90 | 111 | (A) All available continuous emissions monitoring data or other data that reflects the emissions of the facility. | |
| 91 | 112 | ||
| 92 | - | (B) All available data on startups, shutdowns, | |
| 113 | + | (B) All available data on startups, shutdowns, and cycling of the facility. | |
| 93 | 114 | ||
| 94 | 115 | (C) Any other reasonably available information to facilitate the analysis described in paragraph (1) of subdivision (c). | |
| 95 | 116 | ||
| 96 | - | (2) The state board shall make data provided pursuant to paragraph (1) available to districts and to the public on its Internet Web site in a format that illustrates the changes of emissions, startups, shutdowns, and cycling over time. | |
| 117 | + | (2) The state board shall make data provided pursuant to paragraph (1) available to districts and to the public on its Internet Web site and in a format that illustrates the changes of emissions, startups, shutdowns, and cycling over time. | |
| 118 | + | ||
| 119 | + | (c)On or before June 1, 2019, each district shall undertake a study of all facilities within its jurisdiction to determine the actual hourly, startup, and shutdown average emissions of oxides of nitrogen, total organic gases, and particulate matters. The district shall also identify facilities that are located in disadvantaged communities. | |
| 120 | + | ||
| 121 | + | ||
| 122 | + | ||
| 123 | + | (d)(1)During a review for a permit issuance, permit renewal, permit reopening, or permit amendment pursuant to this division for a facility, the district shall evaluate the data made available pursuant to subdivision (b) as to all of the following with respect to the facility: | |
| 124 | + | ||
| 125 | + | ||
| 126 | + | ||
| 127 | + | (A)The impacts of the dispatch of the facility on the states effort to minimize emissions from these facilities with priority on minimizing emissions affecting disadvantaged communities. | |
| 128 | + | ||
| 129 | + | ||
| 130 | + | ||
| 131 | + | (B)The impacts of the dispatch of the facility in areas classified as nonattainment areas pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). | |
| 132 | + | ||
| 133 | + | ||
| 134 | + | ||
| 135 | + | (C)The impact of the dispatch of the facility on sensitive receptors. | |
| 136 | + | ||
| 137 | + | ||
| 138 | + | ||
| 139 | + | (2)In making the evaluation pursuant to this subdivision, the district shall not take into account any emission reduction credits used to offset the emissions from the facility. | |
| 140 | + | ||
| 141 | + | ||
| 142 | + | ||
| 143 | + | (3)The review shall be conducted in a public process that allows for meaningful public participation. | |
| 144 | + | ||
| 145 | + | ||
| 146 | + | ||
| 147 | + | (4)The review for each facility shall occur no later than January 1, 2023. | |
| 148 | + | ||
| 149 | + | ||
| 97 | 150 | ||
| 98 | 151 | (c) (1) Within 18 months after the state board posts data for 2018 pursuant to paragraph (2) of subdivision (b), each district with a facility operating in 2018 shall complete a report regarding 2018 operations for all facilities within its jurisdiction. The report shall include all of the following: | |
| 99 | 152 | ||
| 100 | 153 | (A) The actual hourly startup, shutdown, partial load, and steady-state average emissions of oxides of nitrogen, total organic gases, and particulate matter to the extent feasible. | |
| 101 | 154 | ||
| 102 | 155 | (B) A description of applicable permit conditions limiting hours of operation, startups, shutdowns, and emissions limitations. This description shall include the dates of issuance of the applicable permit and the permits most recent renewal. | |
| 103 | 156 | ||
| 104 | 157 | (C) (i) A description of the most recent ambient air modeling conducted for the applicable permit including the ambient air modeling of the impact of startup, shutdown, and steady-state emissions. | |
| 105 | 158 | ||
| 106 | - | (ii) If no modeling has been conducted to analyze the impact of a particular facilitys startup, shutdown, and steady-state emissions on ambient air, the report shall include a schedule of when the district plans to complete the modeling for that facility. The modeling shall be competed | |
| 159 | + | (ii) If no modeling has been conducted to analyze the impact of a particular facilitys startup, shutdown, and steady-state emissions on ambient air, the report shall include a schedule of when the district plans to complete the modeling for that facility. The modeling shall be competed no later than December 31, 2023. | |
| 107 | 160 | ||
| 108 | - | (D) A description of the ambient air quality standard attainment status of the area in which each facility is located, and whether each | |
| 161 | + | (D) A description of the ambient air quality standard attainment status of the area in which each facility is located, and whether each facility is located in a disadvantaged community. | |
| 109 | 162 | ||
| 110 | 163 | (2) A draft of the report shall be published on the districts Internet Web site and a notice of availability of the draft report inviting public comments shall be published in accordance with Section 6061 of the Government Code. The district shall provide a public comment period for the draft report of at least 60 days. The final report shall include responses to any public comments received and shall be made available on the districts Internet Web site. | |
| 111 | 164 | ||
| 112 | 165 | (3) The district shall provide the report to the state board, the Public Utilities Commission, and the State Energy Resources Conservation and Development Commission. The Public Utilities Commission and the State Energy Resources Conservation and Development Commission shall consider the report in the study conducted pursuant to Section 636 of the Public Utilities Code. | |
| 113 | 166 | ||
| 114 | - | SEC. 2. Section 636 is added to the Public Utilities Code, to read:636. (a) The commission and the Energy Commission shall, with input from the relevant state agencies, any relevant California balancing authority, as defined in Section 399.12, and the public, and with consideration given to the reports described in subdivision (c) of Section 42301.19 of the Health and Safety Code, conduct and complete a study with recommendations on how to reduce or eliminate emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants from electrical generation, natural gas-fired electrical generating units, while ensuring local and system grid reliability, and optimally and cost-effectively integrating renewable resources, with a priority on minimizing those emissions affecting disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.(b) (1) The commission shall conduct the study specified in subdivision (a) as part of the integrated resources planning process required pursuant to Section 454.52.(2) The Energy Commission shall incorporate the recommendations as a part of the integrated energy policy report adopted pursuant to Section 25302 of the Public Resources Code. | |
| 167 | + | SEC. 2. Section 636 is added to the Public Utilities Code, to read:636. (a) On or before June 1, 2019, the The commission and the Energy Commission shall, with input from the relevant state agencies, any relevant California balancing authority, as defined in Section 399.12, and the public, and with consideration given to the reports described in subdivision (c) of Section 42301.19 of the Health and Safety Code, conduct and complete a study with recommendations on how to reduce or eliminate emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants from electrical generation from, and prioritize the retirement of, natural gas-fired electrical generating units to minimize the emissions of localized air pollutants generation, while ensuring local and system grid reliability, and optimally and cost-effectively integrating renewable resources, with a priority on minimizing those emissions affecting disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.(b) (1) The commission shall incorporate the recommendations as a part of the process adopted conduct the study specified in subdivision (a) as part of the integrated resources planning process required pursuant to Section 454.52.(2) The Energy Commission shall incorporate the recommendations as a part of the integrated energy policy report adopted pursuant to Section 25302 of the Public Resources Code. | |
| 115 | 168 | ||
| 116 | 169 | SEC. 2. Section 636 is added to the Public Utilities Code, to read: | |
| 117 | 170 | ||
| 118 | 171 | ### SEC. 2. | |
| 119 | 172 | ||
| 120 | - | 636. (a) The commission and the Energy Commission shall, with input from the relevant state agencies, any relevant California balancing authority, as defined in Section 399.12, and the public, and with consideration given to the reports described in subdivision (c) of Section 42301.19 of the Health and Safety Code, conduct and complete a study with recommendations on how to reduce or eliminate emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants from electrical generation, natural gas-fired electrical generating units, while ensuring local and system grid reliability, and optimally and cost-effectively integrating renewable resources, with a priority on minimizing those emissions affecting disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.(b) (1) The commission shall conduct the study specified in subdivision (a) as part of the integrated resources planning process required pursuant to Section 454.52.(2) The Energy Commission shall incorporate the recommendations as a part of the integrated energy policy report adopted pursuant to Section 25302 of the Public Resources Code. | |
| 173 | + | 636. (a) On or before June 1, 2019, the The commission and the Energy Commission shall, with input from the relevant state agencies, any relevant California balancing authority, as defined in Section 399.12, and the public, and with consideration given to the reports described in subdivision (c) of Section 42301.19 of the Health and Safety Code, conduct and complete a study with recommendations on how to reduce or eliminate emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants from electrical generation from, and prioritize the retirement of, natural gas-fired electrical generating units to minimize the emissions of localized air pollutants generation, while ensuring local and system grid reliability, and optimally and cost-effectively integrating renewable resources, with a priority on minimizing those emissions affecting disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.(b) (1) The commission shall incorporate the recommendations as a part of the process adopted conduct the study specified in subdivision (a) as part of the integrated resources planning process required pursuant to Section 454.52.(2) The Energy Commission shall incorporate the recommendations as a part of the integrated energy policy report adopted pursuant to Section 25302 of the Public Resources Code. | |
| 121 | 174 | ||
| 122 | - | 636. (a) The commission and the Energy Commission shall, with input from the relevant state agencies, any relevant California balancing authority, as defined in Section 399.12, and the public, and with consideration given to the reports described in subdivision (c) of Section 42301.19 of the Health and Safety Code, conduct and complete a study with recommendations on how to reduce or eliminate emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants from electrical generation, natural gas-fired electrical generating units, while ensuring local and system grid reliability, and optimally and cost-effectively integrating renewable resources, with a priority on minimizing those emissions affecting disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.(b) (1) The commission shall conduct the study specified in subdivision (a) as part of the integrated resources planning process required pursuant to Section 454.52.(2) The Energy Commission shall incorporate the recommendations as a part of the integrated energy policy report adopted pursuant to Section 25302 of the Public Resources Code. | |
| 175 | + | 636. (a) On or before June 1, 2019, the The commission and the Energy Commission shall, with input from the relevant state agencies, any relevant California balancing authority, as defined in Section 399.12, and the public, and with consideration given to the reports described in subdivision (c) of Section 42301.19 of the Health and Safety Code, conduct and complete a study with recommendations on how to reduce or eliminate emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants from electrical generation from, and prioritize the retirement of, natural gas-fired electrical generating units to minimize the emissions of localized air pollutants generation, while ensuring local and system grid reliability, and optimally and cost-effectively integrating renewable resources, with a priority on minimizing those emissions affecting disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.(b) (1) The commission shall incorporate the recommendations as a part of the process adopted conduct the study specified in subdivision (a) as part of the integrated resources planning process required pursuant to Section 454.52.(2) The Energy Commission shall incorporate the recommendations as a part of the integrated energy policy report adopted pursuant to Section 25302 of the Public Resources Code. | |
| 123 | 176 | ||
| 124 | - | 636. (a) The commission and the Energy Commission shall, with input from the relevant state agencies, any relevant California balancing authority, as defined in Section 399.12, and the public, and with consideration given to the reports described in subdivision (c) of Section 42301.19 of the Health and Safety Code, conduct and complete a study with recommendations on how to reduce or eliminate emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants from electrical generation, natural gas-fired electrical generating units, while ensuring local and system grid reliability, and optimally and cost-effectively integrating renewable resources, with a priority on minimizing those emissions affecting disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.(b) (1) The commission shall conduct the study specified in subdivision (a) as part of the integrated resources planning process required pursuant to Section 454.52.(2) The Energy Commission shall incorporate the recommendations as a part of the integrated energy policy report adopted pursuant to Section 25302 of the Public Resources Code. | |
| 177 | + | 636. (a) On or before June 1, 2019, the The commission and the Energy Commission shall, with input from the relevant state agencies, any relevant California balancing authority, as defined in Section 399.12, and the public, and with consideration given to the reports described in subdivision (c) of Section 42301.19 of the Health and Safety Code, conduct and complete a study with recommendations on how to reduce or eliminate emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants from electrical generation from, and prioritize the retirement of, natural gas-fired electrical generating units to minimize the emissions of localized air pollutants generation, while ensuring local and system grid reliability, and optimally and cost-effectively integrating renewable resources, with a priority on minimizing those emissions affecting disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.(b) (1) The commission shall incorporate the recommendations as a part of the process adopted conduct the study specified in subdivision (a) as part of the integrated resources planning process required pursuant to Section 454.52.(2) The Energy Commission shall incorporate the recommendations as a part of the integrated energy policy report adopted pursuant to Section 25302 of the Public Resources Code. | |
| 125 | 178 | ||
| 126 | 179 | ||
| 127 | 180 | ||
| 128 | - | 636. (a) The commission and the Energy Commission shall, with input from the relevant state agencies, any relevant California balancing authority, as defined in Section 399.12, and the public, and with consideration given to the reports described in subdivision (c) of Section 42301.19 of the Health and Safety Code, conduct and complete a study with recommendations on how to reduce or eliminate emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants from electrical generation, natural gas-fired electrical generating units, while ensuring local and system grid reliability, and optimally and cost-effectively integrating renewable resources, with a priority on minimizing those emissions affecting disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code. | |
| 181 | + | 636. (a) On or before June 1, 2019, the The commission and the Energy Commission shall, with input from the relevant state agencies, any relevant California balancing authority, as defined in Section 399.12, and the public, and with consideration given to the reports described in subdivision (c) of Section 42301.19 of the Health and Safety Code, conduct and complete a study with recommendations on how to reduce or eliminate emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants from electrical generation from, and prioritize the retirement of, natural gas-fired electrical generating units to minimize the emissions of localized air pollutants generation, while ensuring local and system grid reliability, and optimally and cost-effectively integrating renewable resources, with a priority on minimizing those emissions affecting disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code. | |
| 129 | 182 | ||
| 130 | - | (b) (1) The commission shall conduct the study specified in subdivision (a) as part of the integrated resources planning process required pursuant to Section 454.52. | |
| 183 | + | (b) (1) The commission shall incorporate the recommendations as a part of the process adopted conduct the study specified in subdivision (a) as part of the integrated resources planning process required pursuant to Section 454.52. | |
| 131 | 184 | ||
| 132 | 185 | (2) The Energy Commission shall incorporate the recommendations as a part of the integrated energy policy report adopted pursuant to Section 25302 of the Public Resources Code. | |
| 186 | + | ||
| 187 | + | ||
| 188 | + | ||
| 189 | + | No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | |
| 190 | + | ||
| 191 | + | ||
| 133 | 192 | ||
| 134 | 193 | SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 135 | 194 | ||
| 136 | 195 | SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 137 | 196 | ||
| 138 | 197 | SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 139 | 198 | ||
| 140 | 199 | ### SEC. 3. |