CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 858Introduced by Senator BeallJanuary 14, 2020 An act to amend Section 25120 of the Public Resources Code, relating to thermal powerplants. LEGISLATIVE COUNSEL'S DIGESTSB 858, as introduced, Beall. Thermal powerplants: exemption: emergency backup and standby generators: data centers.Existing law requires a person proposing to construct a thermal powerplant, which is defined as a electrical generating facility using a source of thermal energy, with a generating capacity of 50 megawatts or more to obtain a certification from the State Energy Resources Conservation and Development Commission.This bill would exclude from the definition of a thermal powerplant subject to the jurisdiction of the commission an emergency backup or stationary generator that is not connected to the electrical grid and that is constructed, operated, or modified to provide immediate electrical power to maintain the operations of a data center in the event of an outage of electricity from the electrical grid.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25120 of the Public Resources Code is amended to read:25120. (a) Thermal powerplant means any stationary or floating electrical generating facility using any source of thermal energy, with a generating capacity of 50 megawatts or more, and any facilities appurtenant thereto. Exploratory, development, and production wells, resource transmission lines, and other related facilities used in connection with a geothermal exploratory project or a geothermal field development project are not appurtenant facilities for the purposes of this division. Thermal(b) Thermal powerplant does not include any wind, hydroelectric, or solar photovoltaic electrical generating facility. facility, or any emergency backup or standby generator that is not connected to the electrical grid and that is constructed, operated, or modified to provide immediate electrical power to maintain operations of a data center in the event of an outage of electricity from the electrical grid. CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 858Introduced by Senator BeallJanuary 14, 2020 An act to amend Section 25120 of the Public Resources Code, relating to thermal powerplants. LEGISLATIVE COUNSEL'S DIGESTSB 858, as introduced, Beall. Thermal powerplants: exemption: emergency backup and standby generators: data centers.Existing law requires a person proposing to construct a thermal powerplant, which is defined as a electrical generating facility using a source of thermal energy, with a generating capacity of 50 megawatts or more to obtain a certification from the State Energy Resources Conservation and Development Commission.This bill would exclude from the definition of a thermal powerplant subject to the jurisdiction of the commission an emergency backup or stationary generator that is not connected to the electrical grid and that is constructed, operated, or modified to provide immediate electrical power to maintain the operations of a data center in the event of an outage of electricity from the electrical grid.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 858 Introduced by Senator BeallJanuary 14, 2020 Introduced by Senator Beall January 14, 2020 An act to amend Section 25120 of the Public Resources Code, relating to thermal powerplants. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST SB 858, as introduced, Beall. Thermal powerplants: exemption: emergency backup and standby generators: data centers. Existing law requires a person proposing to construct a thermal powerplant, which is defined as a electrical generating facility using a source of thermal energy, with a generating capacity of 50 megawatts or more to obtain a certification from the State Energy Resources Conservation and Development Commission.This bill would exclude from the definition of a thermal powerplant subject to the jurisdiction of the commission an emergency backup or stationary generator that is not connected to the electrical grid and that is constructed, operated, or modified to provide immediate electrical power to maintain the operations of a data center in the event of an outage of electricity from the electrical grid. Existing law requires a person proposing to construct a thermal powerplant, which is defined as a electrical generating facility using a source of thermal energy, with a generating capacity of 50 megawatts or more to obtain a certification from the State Energy Resources Conservation and Development Commission. This bill would exclude from the definition of a thermal powerplant subject to the jurisdiction of the commission an emergency backup or stationary generator that is not connected to the electrical grid and that is constructed, operated, or modified to provide immediate electrical power to maintain the operations of a data center in the event of an outage of electricity from the electrical grid. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 25120 of the Public Resources Code is amended to read:25120. (a) Thermal powerplant means any stationary or floating electrical generating facility using any source of thermal energy, with a generating capacity of 50 megawatts or more, and any facilities appurtenant thereto. Exploratory, development, and production wells, resource transmission lines, and other related facilities used in connection with a geothermal exploratory project or a geothermal field development project are not appurtenant facilities for the purposes of this division. Thermal(b) Thermal powerplant does not include any wind, hydroelectric, or solar photovoltaic electrical generating facility. facility, or any emergency backup or standby generator that is not connected to the electrical grid and that is constructed, operated, or modified to provide immediate electrical power to maintain operations of a data center in the event of an outage of electricity from the electrical grid. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 25120 of the Public Resources Code is amended to read:25120. (a) Thermal powerplant means any stationary or floating electrical generating facility using any source of thermal energy, with a generating capacity of 50 megawatts or more, and any facilities appurtenant thereto. Exploratory, development, and production wells, resource transmission lines, and other related facilities used in connection with a geothermal exploratory project or a geothermal field development project are not appurtenant facilities for the purposes of this division. Thermal(b) Thermal powerplant does not include any wind, hydroelectric, or solar photovoltaic electrical generating facility. facility, or any emergency backup or standby generator that is not connected to the electrical grid and that is constructed, operated, or modified to provide immediate electrical power to maintain operations of a data center in the event of an outage of electricity from the electrical grid. SECTION 1. Section 25120 of the Public Resources Code is amended to read: ### SECTION 1. 25120. (a) Thermal powerplant means any stationary or floating electrical generating facility using any source of thermal energy, with a generating capacity of 50 megawatts or more, and any facilities appurtenant thereto. Exploratory, development, and production wells, resource transmission lines, and other related facilities used in connection with a geothermal exploratory project or a geothermal field development project are not appurtenant facilities for the purposes of this division. Thermal(b) Thermal powerplant does not include any wind, hydroelectric, or solar photovoltaic electrical generating facility. facility, or any emergency backup or standby generator that is not connected to the electrical grid and that is constructed, operated, or modified to provide immediate electrical power to maintain operations of a data center in the event of an outage of electricity from the electrical grid. 25120. (a) Thermal powerplant means any stationary or floating electrical generating facility using any source of thermal energy, with a generating capacity of 50 megawatts or more, and any facilities appurtenant thereto. Exploratory, development, and production wells, resource transmission lines, and other related facilities used in connection with a geothermal exploratory project or a geothermal field development project are not appurtenant facilities for the purposes of this division. Thermal(b) Thermal powerplant does not include any wind, hydroelectric, or solar photovoltaic electrical generating facility. facility, or any emergency backup or standby generator that is not connected to the electrical grid and that is constructed, operated, or modified to provide immediate electrical power to maintain operations of a data center in the event of an outage of electricity from the electrical grid. 25120. (a) Thermal powerplant means any stationary or floating electrical generating facility using any source of thermal energy, with a generating capacity of 50 megawatts or more, and any facilities appurtenant thereto. Exploratory, development, and production wells, resource transmission lines, and other related facilities used in connection with a geothermal exploratory project or a geothermal field development project are not appurtenant facilities for the purposes of this division. Thermal(b) Thermal powerplant does not include any wind, hydroelectric, or solar photovoltaic electrical generating facility. facility, or any emergency backup or standby generator that is not connected to the electrical grid and that is constructed, operated, or modified to provide immediate electrical power to maintain operations of a data center in the event of an outage of electricity from the electrical grid. 25120. (a) Thermal powerplant means any stationary or floating electrical generating facility using any source of thermal energy, with a generating capacity of 50 megawatts or more, and any facilities appurtenant thereto. Exploratory, development, and production wells, resource transmission lines, and other related facilities used in connection with a geothermal exploratory project or a geothermal field development project are not appurtenant facilities for the purposes of this division. Thermal (b) Thermal powerplant does not include any wind, hydroelectric, or solar photovoltaic electrical generating facility. facility, or any emergency backup or standby generator that is not connected to the electrical grid and that is constructed, operated, or modified to provide immediate electrical power to maintain operations of a data center in the event of an outage of electricity from the electrical grid.