BILL NUMBER: AB 719 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member DeVore
(Principal coauthor: Assembly Member La Malfa)
FEBRUARY 22, 2007
An act to add Chapter 5.5 (commencing with Section 25450) to
Division 15 of, and to repeal Section 25524.2 of, the Public
Resources Code, relating to energy resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 719, as introduced, DeVore. Energy: electrical generation: zero
carbon dioxide emissions.
Existing law prohibits land use in the state for nuclear fission
thermal powerplants or, where applicable, the plants from being
certified by the State Energy Resources Conservation and Development
Commission, except for certain existing plants, until the commission
makes a finding regarding the existance of an aproved and
demonstrated technology or means for the disposal of high-level
nuclear waste. The commission is also required to perform certain
other duties with regard to nuclear fission thermal powerplants.
This bill would create the California Zero Carbon Dioxide Emission
Electrical Generation Act of 2007. The bill would repeal that
prohibition regarding permitting and certifying nuclear fission
thermal powerplants, along with certain other duties of the
commission with regard to nuclear fission thermal powerplants.
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. Chapter 5.5 (commencing with Section 25450) is added to
Division 15 of the Public Resources Code, to read:
CHAPTER 5.5. CALIFORNIA ZERO CARBON DIOXIDE EMISSION
ELECTRICAL GENERATION ACT OF 2007
25450. This chapter shall be known and may be cited as the
California Zero Carbon Dioxide Emission Electrical Generation Act of
2007.
25450.1. The Legislature finds and declares all of the following:
(a) Efforts to generate significant amounts of zero carbon dioxide
emitting electrical power at a cost that California consumers and
industry can afford and with the reliability they require will be
severely at risk unless modern, clean, efficient, and safe commercial
nuclear power is added to the mix.
(b) When doubts arose about the safety of commercial nuclear power
and effective strategies for long-term storage of used nuclear power
materials, California led the nation in adopting measures to ensure
the safety of the public and of the environment.
(c) These measures stopped further construction of commercial
nuclear powerplants in California in the mid-1980s. Today, four
nuclear power units at two sites produce more than 4,300 megawatts
(MW) of power for the California electrical grid or about 16 percent
of California's energy needs. This power is produced completely free
of any carbon dioxide emissions, and nuclear power is credited as a
zero-emitting source of greenhouse gases, including, but not limited
to, carbon dioxide.
(d) While domestic commercial nuclear power plan construction came
to a halt in the United States, other nations were busy building
new, state-of-the-art nuclear powerplants in the 1980s, largely with
the assistance of United States technology, which has advanced
considerably since the powerplant designs of the 1970s. Modern
commercial nuclear powerplant designs feature 10 times fewer moving
parts and are 1,000 times less likely to fail than the powerplant
designs of 30 years ago.
(e) Other states and nations produce far more zero carbon dioxide
emission electricity than does California largely due to the nuclear
power. Nuclear power produces 72 percent of electricity in Vermont,
more than one-half of the electricity in New Jersey and South
Carolina, 79 percent of the electrical power in France, 56 percent in
Belgium, 47 percent in Sweden, 45 percent in the Republic of Korea,
and 35 percent in Japan.
(f) Current California law prohibits the permitting of any new
commercial nuclear powerplants until an approved means of disposal of
high-level nuclear waste becomes available. With federal efforts
well underway to provide an approved means of high-level nuclear
waste disposal, and given that timelines for nuclear powerplant
design, permitting, construction, on line operation, and first
refueling would likely be in excess of 10 years, by the time a
powerplant would be ready for operation, an approved high-level
nuclear waste disposal means will be available.
(g) The federal Energy Policy Act of 2005 (42 U.S.C. Sec. 15801 et
seq.) passed with bipartisan support with a wide range of measures,
including loan guarantees, production tax credits, and investment
protection for delays beyond the builder's control to encourage the
construction of new nuclear powerplants.
(h) If the state's permitting authorities are required to wait
until high-level nuclear waste disposal means are available before
issuing a permit for a new commercial nuclear powerplant, other
states will be the first in line to build new, modern, and highly
safe nuclear powerplants, delaying the availability of this
large-scale and reliable source of zero carbon dioxide emission
electricity.
(i) To exercise a global leadership role in the generation of zero
carbon dioxide emission electricity, California must encourage the
construction of new powerplants capable of reliably producing large
quantities of additional electricity. This added electrical
production, if the power produced is reasonably priced, will power
vehicles, industry, and homes. This will keep California both clean
and competitive and on track to achieve the 2020 statewide limit on
emissions established in Division 25.5 (commencing with Section
38500) of the Health and Safety Code.
SEC. 2. Section 25524.2 of the Public Resources Code is repealed.
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, 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.