| 1 | | - | Amended IN Senate April 03, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 858Introduced by Senator Beall(Coauthors: Senators Morrell and Nielsen)(Coauthor: Assembly Member Robert Rivas)January 14, 2020 An act to amend Section 25120 of of, and to add Section 21097 to, the Public Resources Code, relating to thermal powerplants. LEGISLATIVE COUNSEL'S DIGESTSB 858, as amended, 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 standby 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.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.This bill would designate the local land use authority with jurisdiction to approve emergency backup or standby generators described above as the lead agency for purposes of CEQA. By designating local land use authorities as lead agencies, 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 a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 21097 is added to the Public Resources Code, to read:21097. For purposes of this division, a local land use authority with jurisdiction to approve emergency backup or standby generators that are not under the jurisdiction of the State Energy Resources Conservation and Development Commission pursuant to subdivision (b) of Section 25120 is the lead agency for those approvals.SECTION 1.SEC. 2. 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.(b) Thermal powerplant does not include any wind, hydroelectric, solar photovoltaic electrical generating 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.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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, within the meaning of Section 17556 of the Government Code. |
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| 1 | + | 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. |
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| 3 | | - | Amended IN Senate April 03, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 858Introduced by Senator Beall(Coauthors: Senators Morrell and Nielsen)(Coauthor: Assembly Member Robert Rivas)January 14, 2020 An act to amend Section 25120 of of, and to add Section 21097 to, the Public Resources Code, relating to thermal powerplants. LEGISLATIVE COUNSEL'S DIGESTSB 858, as amended, 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 standby 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.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.This bill would designate the local land use authority with jurisdiction to approve emergency backup or standby generators described above as the lead agency for purposes of CEQA. By designating local land use authorities as lead agencies, 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 a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES |
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| 3 | + | 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 |
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| 28 | | - | 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 standby 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.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.This bill would designate the local land use authority with jurisdiction to approve emergency backup or standby generators described above as the lead agency for purposes of CEQA. By designating local land use authorities as lead agencies, 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 a specified reason. |
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| 28 | + | 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. |
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| 32 | | - | This bill would exclude from the definition of a thermal powerplant subject to the jurisdiction of the commission an emergency backup or stationary standby 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. |
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| 33 | | - | |
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| 34 | | - | The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. |
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| 35 | | - | |
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| 36 | | - | This bill would designate the local land use authority with jurisdiction to approve emergency backup or standby generators described above as the lead agency for purposes of CEQA. By designating local land use authorities as lead agencies, this bill would impose a state-mandated local program. |
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| 37 | | - | |
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| 38 | | - | 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. |
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| 39 | | - | |
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| 40 | | - | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 32 | + | 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. |
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| 46 | | - | The people of the State of California do enact as follows:SECTION 1. Section 21097 is added to the Public Resources Code, to read:21097. For purposes of this division, a local land use authority with jurisdiction to approve emergency backup or standby generators that are not under the jurisdiction of the State Energy Resources Conservation and Development Commission pursuant to subdivision (b) of Section 25120 is the lead agency for those approvals.SECTION 1.SEC. 2. 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.(b) Thermal powerplant does not include any wind, hydroelectric, solar photovoltaic electrical generating 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.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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, within the meaning of Section 17556 of the Government Code. |
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| 38 | + | 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. |
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| 52 | | - | SECTION 1. Section 21097 is added to the Public Resources Code, to read:21097. For purposes of this division, a local land use authority with jurisdiction to approve emergency backup or standby generators that are not under the jurisdiction of the State Energy Resources Conservation and Development Commission pursuant to subdivision (b) of Section 25120 is the lead agency for those approvals. |
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| 44 | + | 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. |
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| 58 | | - | 21097. For purposes of this division, a local land use authority with jurisdiction to approve emergency backup or standby generators that are not under the jurisdiction of the State Energy Resources Conservation and Development Commission pursuant to subdivision (b) of Section 25120 is the lead agency for those approvals. |
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| 50 | + | 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. |
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| 60 | | - | 21097. For purposes of this division, a local land use authority with jurisdiction to approve emergency backup or standby generators that are not under the jurisdiction of the State Energy Resources Conservation and Development Commission pursuant to subdivision (b) of Section 25120 is the lead agency for those approvals. |
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| 52 | + | 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. |
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| 62 | | - | 21097. For purposes of this division, a local land use authority with jurisdiction to approve emergency backup or standby generators that are not under the jurisdiction of the State Energy Resources Conservation and Development Commission pursuant to subdivision (b) of Section 25120 is the lead agency for those approvals. |
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| 64 | | - | |
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| 65 | | - | |
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| 66 | | - | 21097. For purposes of this division, a local land use authority with jurisdiction to approve emergency backup or standby generators that are not under the jurisdiction of the State Energy Resources Conservation and Development Commission pursuant to subdivision (b) of Section 25120 is the lead agency for those approvals. |
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| 67 | | - | |
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| 68 | | - | SECTION 1.SEC. 2. 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.(b) Thermal powerplant does not include any wind, hydroelectric, solar photovoltaic electrical generating 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. |
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| 69 | | - | |
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| 70 | | - | SECTION 1.SEC. 2. Section 25120 of the Public Resources Code is amended to read: |
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| 71 | | - | |
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| 72 | | - | ### SECTION 1.SEC. 2. |
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| 73 | | - | |
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| 74 | | - | 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.(b) Thermal powerplant does not include any wind, hydroelectric, solar photovoltaic electrical generating 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. |
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| 75 | | - | |
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| 76 | | - | 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.(b) Thermal powerplant does not include any wind, hydroelectric, solar photovoltaic electrical generating 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. |
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| 77 | | - | |
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| 78 | | - | 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.(b) Thermal powerplant does not include any wind, hydroelectric, solar photovoltaic electrical generating 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. |
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| 54 | + | 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. |
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