BILL NUMBER: ABX2 5	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member DeVore

                        SEPTEMBER 26, 2007

   An act to amend Sections 25524.1 and 25524.2 of, and to add
Section 25524.3 to, the Public Resources Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 5, as introduced, DeVore. Water: electricity for desalination:
nuclear energy.
   The existing Warren-Alquist State Energy Resources Conservation
and Development Act establishes the State Energy Resources
Conservation and Development Commission (Energy Commission) and
requires it to certify sufficient sites and related facilities that
are required to provide a supply of electricity sufficient to
accommodate projected demand for power statewide. The act grants the
Energy Commission the exclusive authority to certify 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. Existing law prohibits the
construction of any thermal powerplant or facilities appurtenant
thereto or modification of any existing thermal powerplant and
appurtenant facility without first obtaining certification from the
Energy Commission. Existing law prohibits certification of a new
nuclear fission thermal powerplant, and prohibits land use in the
state for a new nuclear fission thermal powerplant, until the Energy
Commission makes a finding regarding the existence of an approved and
demonstrated technology or means for the disposal of high-level
nuclear waste.
   The existing Public Utilities Act prohibits any electrical
corporation from beginning the construction of, among other things, a
line, plant, or system, or of any extension thereof, without having
first obtained from the Public Utilities Commission (PUC) a
certificate that the present or future public convenience and
necessity require or will require that construction (certificate of
public convenience and necessity). The act requires that the PUC
consider certain factors in determining whether to issue a
certificate of convenience and necessity, including community values,
recreational and park areas, historical and aesthetic values, and
influence on the environment, but requires that the issuance of a
certificate by the Energy Commission for an electrical generating
facility and facilities appurtenant thereto, pursuant to the
above-described provisions, is conclusive as to all matters
determined thereby when the PUC is determining whether to issue a
certificate of public convenience and necessity.
   This bill would authorize the Energy Commission to certify one new
nuclear fission thermal reactor located at the site of an existing
operating nuclear fission thermal powerplant, if not less than 20% of
the electricity generated by the reactor is dedicated to powering
desalinization facilities to produce additional fresh water from salt
water and the generating capacity of the reactor does not exceed
2,000 megawatts.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25524.1 of the Public Resources Code is amended
to read:
   25524.1.  (a) Except for the existing Diablo Canyon Units 1 and 2
owned by Pacific Gas and Electric Company and San Onofre Units 2 and
3 owned by Southern California Edison Company and San Diego Gas and
Electric Company,  and except as provided in Section 25524.3,
 no nuclear fission thermal powerplant requiring the
reprocessing of fuel rods, including any to which this chapter does
not otherwise apply, excepting any having a vested right as defined
in this section, shall be permitted land use in the state or, where
applicable, certified by the commission until both of the following
conditions are met:
   (1) The commission finds that the United States through its
authorized agency has identified and approved, and there exists a
technology for the construction and operation of, nuclear fuel rod
reprocessing plants.
   (2) The commission has reported its findings and the reasons
therefor pursuant to paragraph (1) to the Legislature. That report
shall be assigned to the appropriate policy committees for review.
The commission may proceed to certify nuclear fission thermal
powerplants 100 legislative days after reporting its findings unless
within those 100 legislative days either house of the Legislature
adopts by a majority vote of its members a resolution disaffirming
the findings of the commission made pursuant to paragraph (1).
   (3) A resolution of disaffirmance shall set forth the reasons for
the action and shall provide, to the extent possible, guidance to the
commission as to an appropriate method of bringing the commission's
findings into conformance with paragraph (1).
   (4) If a disaffirming resolution is adopted, the commission shall
reexamine its original findings consistent with matters raised in the
resolution. On conclusion of its reexamination, the commission shall
transmit its findings in writing, with the reasons therefor, to the
Legislature.
   (5) If the findings are that the conditions of paragraph (1) have
been met, the commission may proceed to certify nuclear fission
thermal powerplants 100 legislative days after reporting its findings
to the Legislature unless within those 100 legislative days both
houses of the Legislature act by statute to declare the findings null
and void and takes appropriate action.
   (6) To allow sufficient time for the Legislature to act, the
reports of findings of the commission shall be submitted to the
Legislature at least six calendar months prior to the adjournment of
the Legislature sine die.
   (b) The commission shall further find on a case-by-case basis that
facilities with adequate capacity to reprocess nuclear fuel rods
from a certified nuclear facility or to store that fuel if that
storage is approved by an authorized agency of the United States are
in actual operation or will be in operation at the time that the
nuclear facility requires reprocessing or storage; provided, however,
that the storage of fuel is in an offsite location to the extent
necessary to provide continuous onsite full core reserve storage
capacity.
   (c) The commission shall continue to receive and process notices
of intention and applications for certification pursuant to this
division, but shall not issue a decision pursuant to Section 25523
granting a certificate until the requirements of this section have
been met. All other permits, licenses, approvals, or authorizations
for the entry or use of the land, including orders of court, which
may be required may be processed and granted by the governmental
entity concerned, but construction work to install permanent
equipment or structures shall not commence until the requirements of
this section have been met.
  SEC. 2.  Section 25524.2 of the Public Resources Code is amended to
read:
   25524.2.  Except for the existing Diablo Canyon Units 1 and 2
owned by Pacific Gas and Electric Company and San Onofre Units 2 and
3 owned by Southern California Edison Company and San Diego Gas and
Electric Company,  and except as provided in Section 25524.3,
 no nuclear fission thermal powerplant, including any to which
this chapter does not otherwise apply, but excepting those exempted
herein, shall be permitted land use in the state, or where
applicable, be certified by the commission until both of the
following conditions have been met:
   (a) The commission finds that there has been developed and that
the United States through its authorized agency has approved and
there exists a demonstrated technology or means for the disposal of
high-level nuclear waste.
   (b) (1) The commission has reported its findings and the reasons
therefor pursuant to paragraph (a) to the Legislature. That report
shall be assigned to the appropriate policy committees for review.
The commission may proceed to certify nuclear fission thermal
powerplants 100 legislative days after reporting its findings unless
within those 100 legislative days either house of the Legislature
adopts by a majority vote of its members a resolution disaffirming
the findings of the commission made pursuant to subdivision (a).
   (2) A resolution of disaffirmance shall set forth the reasons for
the action and shall provide, to the extent possible, guidance to the
commission as to an appropriate method of bringing the commission's
findings into conformance with subdivision (a).
   (3) If a disaffirming resolution is adopted, the commission shall
reexamine its original findings consistent with matters raised in the
resolution. On conclusion of its reexamination, the commission shall
transmit its findings in writing, with the reasons therefor, to the
Legislature.
   (4) If the findings are that the conditions of subdivision (a)
have been met, the commission may proceed to certify nuclear fission
thermal powerplants 100 legislative days after reporting its findings
to the Legislature unless within those 100 legislative days both
houses of the Legislature act by statute to declare the findings null
and void and take appropriate action.
   (5) To allow sufficient time for the Legislature to act, the
reports of findings of the commission shall be submitted to the
Legislature at least six calendar months prior to the adjournment of
the Legislature sine die.
   (c) As used in subdivision (a), "technology or means for the
disposal of high-level nuclear waste" means a method for the
permanent and terminal disposition of high-level nuclear waste.
Nothing in this section requires that facilities for the application
of that technology or means be available at the time that the
commission makes its findings. That disposition of high-level nuclear
waste does not preclude the possibility of an approved process for
retrieval of the waste.
   (d) The commission shall continue to receive and process notices
of intention and applications for certification pursuant to this
division but shall not issue a decision pursuant to Section 25523
granting a certificate until the requirements of this section have
been met. All other permits, licenses, approvals, or authorizations
for the entry or use of the land, including orders of court, which
may be required may be processed and granted by the governmental
entity concerned, but construction work to install permanent
equipment or structures shall not commence until the requirements of
this section have been met.
  SEC. 3.  Section 25524.3 is added to the Public Resources Code, to
read:
   25524.3.  The commission may certify one nuclear fission thermal
reactor if all of the following conditions are met:
   (a) The reactor was not in operation on or before January 1, 2008.

   (b) The reactor is located on the site of a nuclear fission
thermal powerplant that is in operation on or before December 31,
2007.
   (c) The generating capacity of the reactor does not exceed 2,000
megawatts.
   (d) Not less than 20 percent of the electricity generated by the
reactor is dedicated to powering desalinization facilities to produce
additional fresh water from sea water.