BILL NUMBER: ABX1 13 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN ASSEMBLY MARCH 1, 2011
INTRODUCED BY Assembly Members V. Manuel Pérez, Bradford, and
Skinner
(Coauthor: Assembly Member John A. Pérez)
FEBRUARY 7, 2011
An act to amend Sections 2069 and 2099 of, and to add Sections
2099.10 and 2840 to, the Fish and Game Code, and to amend Section
25524 of, and to add Section 25619 to, the Public Resources Code,
relating to renewable energy resources, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
F AB 13, as amended, V. Manuel Pérez. Energy: renewable resources:
endangered species: environmental impact reports.
(1) The California Endangered Species Act (CESA) requires the
Fish and Game Commission to establish a list of endangered species
and a list of threatened species, and requires the Department of Fish
and Game to recommend, and the commission to adopt, criteria for
determining if a species is endangered or threatened. CESA authorizes
the department to authorize the take of threatened species,
endangered species, or candidate species by permit if certain
requirements are met. CESA authorizes the department, in consultation
with the State Energy Resources Conservation and Development
Commission (Energy Commission) and, to the extent practicable, the
United States Fish and Wildlife Service and the United States Bureau
of Land Management, to design and implement actions to protect,
restore, or enhance the habitat of plants and wildlife that can be
used to fully mitigate the impacts of the take of endangered,
threatened, or candidate species (mitigation actions) resulting from
certain solar thermal and photovoltaic powerplants in the planning
area of the Desert Renewable Energy Conservation Plan.
This bill additionally would authorize the department to design
and implement these mitigation actions for proposed wind and
geothermal powerplants in the planning area subject to the Desert
Renewable Energy Conservation Plan.
(2) Existing law requires the department to collect, and requires
the owner or developer of an eligible project to pay, a one-time
permit application fee of $75,000 to the department for deposit into
the Fish and Game Preservation Fund. Existing law requires the
department to utilize the permit application fee to pay for all or a
portion of the department's cost of processing incidental take permit
Fapplications pursuant to CESA. This bill would additionally require the department to collect,
and an owner or developer of an eligible project to pay, a one-time
permit application fee of $75,000 $50,000
to the department for deposit into the Fish and Game
Preservation Fund, to pay for all or a portion of the department's
cost of processing incidental take permit applications. The bill
would define "eligible project" to mean an eligible renewable energy
resource, as defined in the California renewables portfolio
standard program Renewables Portfolio Standard Program
. If the permit application fee is insufficient to complete
permitting work due to the complexity of a project or timeline
delays, the bill would authorize the department to collect an
additional fee from the owner or developer to pay for its actual
costs, not to exceed an additional $75,000
$200,000 . The bill would limit the fee collected by the
department, if the department's cost of processing an incidental take
permit application is limited to activities relating to a
consistency determination, to an amount that does not exceed the
anticipated full costs to the department for those activities.
Existing law establishes the Renewable Energy Resources
Development Fee Trust Fund as a continuously appropriated fund in the
State Treasury to serve, and be managed, as an optional, voluntary
method for developers or owners of eligible projects, as defined, to
deposit fees sufficient to complete mitigation actions established by
the department and thereby meet their requirements pursuant to CESA
or the certification authority of the Energy Commission. The
definition of eligible projects, for purposes of these provisions and
fees, is limited to certain solar thermal powerplants and
photovoltaic powerplants proposed to be constructed in the planning
area subject to the Desert Renewable Energy Conservation Plan.
This bill would expand the definition of eligible projects to
include wind and geothermal powerplants proposed to be constructed in
the planning area subject to the Desert Renewable Energy
Conservation Plan. By expanding the purposes for which moneys in this
continuously appropriated fund may be used, this bill would make an
appropriation.
(3) The Natural Community Conservation Planning Act authorizes the
Department of Fish and Game to enter into agreements with any person
or public entity for the purpose of preparing a natural community
conservation plan, in cooperation with a local agency that has land
use permit authority over the activities proposed to be addressed in
the plan, to provide comprehensive management and conservation of
multiple wildlife species.
This bill would require the department to enter into one or more
planning agreements with appropriate plan participants, including,
but not limited to, the Energy Commission, one or more counties
within the San Joaquin Valley, as defined, and other persons or
public entities for the purpose of preparing one or more natural
community conservation plans, if certain conditions are met with
regard to the plan and the parties to the planning agreement.
(4) The 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 requires the Energy Commission to establish a process
for certain applicants for certification of a solar thermal
powerplant that is proposed to be constructed in the planning area
subject to the Desert Renewable Energy Conservation Plan, as defined,
that allows the applicant to elect to pay additional fees to be used
by the Energy Commission to contract with 3rd parties to assist the
Energy Commission staff in performing the analysis otherwise
performed by staff in determining whether or not to issue a
certification.
This bill would expand this process to include any applicant for
certification of an eligible renewable energy resource.
The bill would require the Energy Commission, upon appropriation
by the Legislature, to provide $7,000,000 in grants to qualified
counties for the development or revision of rules and policies,
including , but not limited to, general plan elements,
zoning ordinances, and a natural community conservation plan as a
plan participant, to facilitate the development of eligible renewable
energy resources, and their associated electric transmission
facilities, on disturbed lands, as defined , and the processing
of permits for eligible renewable energy resources . The bill
would require a general plan element or zoning ordinance that is
adopted or revised pursuant to a grant to be completed within 2 years
of receipt of the grant and be consistent with the conservation
strategies of any natural community conservation plan, if one
had has been approved or is under
development in the county . The bill would
prohibit the commission from awarding a grant to a county that is not
a "plan participant," as defined, in the Desert Renewable Energy
Conservation Plan. The bill would require the Energy Commission, in
its initial round of grant funding, to establish a preference for a
grant to a qualified county in an amount that is adequate to develop
a renewable energy element in its general plan that will facilitate
the development and siting of multiple renewable energy technologies,
and to also establish a preference for a grant for those counties
that have experience in geothermal energy development and have
adopted a geothermal element, as defined, to its general plan .
F (5) This bill would provide that it would be operative only if SB
2 of the 2011-12 First Extraordinary Session is enacted and becomes
effective on or before January 1, 2012.
(6) The California Constitution authorizes the Governor to declare
a fiscal emergency and to call the Legislature into special session
for that purpose. Governor Schwarzenegger issued a proclamation
declaring a fiscal emergency, and calling a special session for this
purpose, on December 6, 2010. Governor Brown issued a proclamation on
January 20, 2011, declaring and reaffirming that a fiscal emergency
exists and stating that his proclamation supersedes the earlier
proclamation for purposes of that constitutional provision.
This bill would state that it addresses the fiscal emergency
declared and reaffirmed by the Governor by proclamation issued on
January 20, 2011, pursuant to the California Constitution.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
F SECTION 1. Section 2069 of the Fish and Game Code is amended to
read:
2069. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Desert Renewable Energy Conservation Plan" means the
completed conservation plan in the Mojave and Colorado Desert regions
adopted pursuant to the Natural Community Conservation Planning Act
(Chapter 10 (commencing with Section 2800)), and covers the
geographical area described in Section 4 of, and depicted in Exhibit
A to, the "Draft Planning Agreement by and among California
Department of Fish and Game, California Energy Commission, United
States Bureau of Land Management, and United States Fish and Wildlife
Service for the Desert Renewable Energy Conservation Plan," document
REAT-1000-2009-034, dated October 2009. covers the
geographical area described in the Draft Planning Agreement, as
amended, by, and among, the Department of Fish and Game, California
Energy Commission, United States Bureau of Land Management, and
United States Fish and Wildlife Service for the Desert Renewable
Energy Conservation Plan.
(2) "Energy Commission" means the State Energy Resources
Conservation and Development Commission.
(b) The department, in consultation with the Energy Commission
and, to the extent practicable, the United States Fish and Wildlife
Service and the United States Bureau of Land Management, may design
and implement actions, including the purchase of land and
conservation easements, to protect, restore, or enhance the habitat
of plants and wildlife that can be used to fully mitigate the impacts
of the take of endangered species, threatened species, or candidate
species, for purposes of paragraph (2) of subdivision (b) of Section
2081 and Chapter 6 (commencing with Section 25500) of Division 15 of
the Public Resources Code, resulting from solar thermal,
photovoltaic, wind, and geothermal powerplants in the Desert
Renewable Energy Conservation Plan planning area that meet
each either of the following requirements:
(1) Either the Energy Commission determines that the application
for certification was complete by February 1,
is complete by December 31, 2011, or the local government in
which the project is located has determined the project permit
application is complete or has issued a notice of preparation of an
environmental impact statement report
pursuant to Division 13 (commencing with Section 21000) of the Public
Resources Code by February 1, December 31,
2011.
(2) The developer or owner of the proposed powerplant or
generation facility has applied for, and would qualify for, funding
under the federal American Recovery and Reinvestment Act of 2009
(Public Law 111-5). For purposes of this paragraph, "funding" means a
loan guarantee made pursuant to Section 406 of the act (42 U.S.C.
Sec. 16516) or a grant for specified energy property in lieu of a tax
credit provided pursuant to Section 1603 of Division B of the act,
which division is titled the American Recovery and Reinvestment Tax
Act of 2009.
(c) A mitigation action may only be used for the mitigation
purposes described in subdivision (b) if it meets one of the
following conditions:
(1) The department has implemented the mitigation action and
determined that the action has resulted in the protection,
restoration, or enhancement of the habitat of one or more species
that are proposed to be covered by the Desert Renewable Energy
Conservation Plan, and that are located in the planning area, and,
based upon that determination, can be used, for purposes of paragraph
(2) of subdivision (b) of Section 2081, to fully mitigate
the impacts of the take of the for the impacts of the
take of those species from one or more projects
identified in that meet the requirement of
subdivision (b).
(2) The mitigation action is included in an interim mitigation
strategy for projects identified in that meet
the requirement of subdivision (b). An interim mitigation
strategy pursuant to this paragraph shall be developed by the
department, in consultation with the Energy Commission and, to the
extent practicable, the United States Fish and Wildlife Service and
the United States Bureau of Land Management, and shall include all of
Fthe following: (A) A description of specific mitigation areas and specific
actions on public or private land within the Desert Renewable Energy
Conservation Plan planning area that are to be implemented, including
a focus on habitat preservation, while also including enhancement or
Frestoration actions that will do all of the following: (i) Contribute to the conservation of each candidate species,
threatened species, or endangered species for which a permit is
issued.
(ii) Adopt a regional planning perspective that provides a
foundation for, or that will complement, any conservation strategy to
Fbe developed for the Desert Renewable Energy Conservation Plan. (iii) Implement mitigation actions within a reasonable period of
time relative to the impact to the affected candidate species,
threatened species, or endangered species, including, where feasible,
advance mitigation. For purposes of this clause, "advance mitigation"
means mitigation implemented before, and in anticipation of, future
impacts to natural resources.
(iv) Include a description of the species that would be benefited
by each mitigation action and how it would be benefited.
(B) A cost estimate for each action, whether on public or private
land, using total cost accounting, including, as applicable, land
acquisition costs, conservation easement costs, monitoring costs,
transaction costs, restoration costs, the amount of a nonwasting
endowment account for land management or easement stewardship costs
by the department or other management entity, and administrative
costs.
(d) The interim mitigation strategy shall be based on best
available science and shall be reviewed by the Desert Renewable
Energy Conservation Plan independent science advisers. The department
shall seek and consider comments from the Desert Renewable Energy
Conservation Plan independent science advisers in the design and
location of each mitigation action implemented pursuant to this
section. If the department elects to not incorporate comments of the
independent science advisers into mitigation actions, the department
shall explain the reasons for that decision in writing.
(e) The interim mitigation strategy shall be completed by the
department no later than 60 days following the operative date of the
act adding this section.
(f) (1) This section does not modify the requirements of Section
2081, including the requirement to avoid and minimize impacts, where
feasible, or the requirements of Division 13 (commencing with Section
21000) of, or Chapter 6 (commencing with Section 25500) of Division
15 of, the Public Resources Code, or affect the existing authority of
the department to authorize mitigation actions to comply with this
chapter.
(2) With respect to the Energy Commission, in the case of an
applicant seeking certification for a solar thermal or geothermal
powerplant pursuant to Chapter 6 (commencing with Section 25500) of
Division 15 of the Public Resources Code, or a lead agency, as
defined in Section 21067 of the Public Resources Code, in the case of
an applicant seeking approval of a renewable energy powerplant not
subject to the Energy Commission's jurisdiction, the sole effect of a
mitigation action described in subdivision (c), and paid for through
the deposit of fees as described in Section 2099, is to relieve an
applicant of the obligation to directly take actions that are taken
instead by the department or its contractor or designee pursuant to
subdivision (b) to meet the applicant's obligations with respect to
mitigating the powerplant's impacts to species and
habitat. The mitigation action and deposit of fees shall not relieve
the applicant of any other obligation, or the Energy Commission or
the lead agency of any of its existing requirements of Division 13
(commencing with Section 21000) of, or the requirements of Chapter 6
(commencing with Section 25500) of Division 15 of, the Public
Resources Code to analyze, avoid, minimize, or mitigate impacts to
species and habitat, or make the findings required by those statutes.
F (g) The mitigation actions implemented pursuant to this section
shall be incorporated into the Desert Renewable Energy Conservation
Plan upon the finalization of the plan, to the extent the mitigation
actions are consistent with the plan's conservation strategy.
SEC. 2. Section 2099 of the Fish and Game Code is amended to read:
F 2099. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Eligible project" means a solar thermal powerplant,
photovoltaic powerplant, wind powerplant, or geothermal powerplant
meeting the requirements of paragraphs (1) and
paragraph (1) or (2) of subdivision (b) of Section 2069
or meeting the definition of a "covered activity" in the final
Desert Renewable Energy Conservation Plan, as approved by the
department .
(2) "Energy Commission" means the State Energy Resources
Conservation and Development Commission.
(b) (1) The Renewable Energy Resources Development Fee Trust Fund
is hereby established in the State Treasury. The department shall
collect a fee from the owner or developer of an eligible project that
elects to use mitigation actions developed and approved by the
department pursuant to Section 2069, and all moneys received for
purposes of mitigation actions pursuant to Section 2069 shall be
deposited in the fund and shall be held in trust and be expended
solely for the purposes of, and in conformity with, that section,
applicable permit or certification requirements for eligible
projects, and any contractual agreement between the Energy Commission
or department and the owner or developer of an eligible project. The
department may contract with, or award grants to, third parties to
implement mitigation actions in conformity with Section 2069 and this
Fsection. (2) Upon direction by the department, the Controller shall create
any accounts or subaccounts within the fund that the department
determines are necessary or convenient to facilitate management of
the fund.
(3) The fund shall serve, and be managed, as an optional,
voluntary method for developers or owners of eligible projects to
deposit fees to complete mitigation actions meeting the conditions of
subdivision (c) of Section 2069 and for the purpose of meeting the
requirements of this chapter or the requirements of Chapter 6
(commencing with Section 25500) of Division 15 of the Public
Resources Code by funding mitigation actions implemented by the
department or third parties in a contractual relationship
with the department . Notwithstanding Section 13340 of the
Government Code, the money in the fund is hereby continuously
appropriated to the department, without regard to fiscal years, for
the purposes enumerated in this section and Section 2069. An
expenditure shall not be made from the fund except as authorized by
the department.
(4) The sum of ten million dollars ($10,000,000) is hereby
transferred, as a loan, from the Renewable Resource Trust Fund to the
fund. This loan shall be repaid from the fund to the Renewable
Resource Trust Fund no later than December 31, 2012. The department
shall use these funds, pursuant to paragraph (1) of subdivision (c)
of Section 2069, to purchase mitigation lands or conservation
easements, and to cover related restoration, monitoring, and
transaction costs incurred in advance of the receipt of fees pursuant
to paragraph (5) and to cover the department's administrative costs
for the program.
(5) A developer or owner of an eligible project that elects to use
mitigation actions developed and authorized by the department
pursuant to Section 2069 shall remit fees to the department for
deposit into the fund for those mitigation actions in an amount that
reflects the determination by the Energy Commission, with respect to
a solar thermal or geothermal powerplant subject to its jurisdiction,
or the department, with respect to a renewable energy powerplant not
subject to the Energy Commission's jurisdiction, of the costs
attributable to the mitigation actions that meet the standards of
this chapter. The amount of fees to be paid by a developer or owner
of an eligible project to meet the standards of this chapter shall be
calculated on a per acre basis, using total cost accounting, and
shall include, as applicable, land acquisition or conservation
easement costs, monitoring costs, restoration costs, transaction
costs, the amount of a nonwasting endowment account for land
management or easement stewardship costs by the department or other
management entity, and administrative costs and funds sufficient to
repay any expenditure of state funds made pursuant to paragraph (4).
To ensure the funds deposited pursuant to this section are sufficient
to meet the standards of this chapter, the project developer or
owner, in addition to payment of those funds, shall provide security,
in a form and amount, not to exceed 5 percent of the amount of the
funds, excluding any portion of the funds to be used for a nonwasting
endowment, to be determined by the Energy Commission, with respect
to a solar thermal or geothermal powerplant subject to its
jurisdiction, or to be determined by the department, with respect to
a renewable energy powerplant not subject to the Energy Commission's
jurisdiction.
(c) The department shall monitor the implementation of the
mitigation actions and the progress of the construction of the
eligible projects. The department shall report all deposits, and the
source of those deposits, on its Internet Web site. The department
shall also report all expenditures from the fund on its Internet Web
site and identify the mitigation activities or programs that each
expenditure funded and its relationship to the permitted project. The
Energy Commission, with respect to a solar thermal or geothermal
powerplant subject to its jurisdiction, and the department, with
respect to a renewable energy powerplant not subject to the Energy
Commission's jurisdiction, shall ensure that moneys paid pursuant to
this section are used only for purposes of satisfying the standards
of paragraph (2) of subdivision (b) of Section 2081. Where moneys are
used to fund mitigation actions, including the acquisition of lands
or conservation easements, or the restoration of lands, that use
shall be in addition to, and not duplicative of, mitigation obtained
through any other means.
(d) The department and the Energy Commission shall not allow any
use of the interim mitigation strategy subsequent to a determination
by the department that the time and extent of mitigation actions are
not being implemented in rough proportion to the impacts of those
projects. The department shall reinstitute the use of the interim
mitigation strategy when the department determines the rough
proportionality between mitigation actions and impacts of eligible
projects has been reestablished by the completion of additional
mitigation actions.
SEC. 3. Section 2099.10 is added to the Fish and Game Code, to
read:
2099.10. (a) The department shall collect a permit application
fee from the owner or developer of an eligible project to support its
permitting of eligible projects pursuant to this chapter. Except as
provided in subdivision (c), the owner or developer of a proposed
eligible project shall pay a one-time permit application fee of
seventy-five thousand dollars ($75,000) to the department.
2099.10. (a) The department,
pursuant to subdivisions (b) and (c), shall collect a permit
application fee from the owner or developer of an eligible project to
support the permitting or certification of eligible projects
pursuant to this chapter. Except as provided in paragraph (2) of
subdivision (b), the owner or developer of a proposed eligible
project shall pay a on-time permit application fee of fifty thousand
dollars ($50,000) to the department. For purposes of this
section, an "eligible project" means an eligible renewable energy
resource as defined in the California renewables portfolio
standard program Renewables Portfolio Standard Program
(Article 16 (commencing with Section 399.11) of Chapter 2.3 of
FPart 1 of Division 1 of the Public Utilities Code). (b) The department shall collect the permit application fee, at
the time the owner or developer submits its permit application or,
for eligible projects for which an application has already been
submitted, on or before January 30, 2012. The department shall
(b) (1) The
department shall collect the permit application fee at the time the
owner or developer submits its permit application. For eligible
projects for which an application was submitted before
January 1, 2012, but which application has not yet been deemed
complete, the department shall not deem the application complete
until it has collected the permit application fee. The department
shall utilize the permit application fee to pay for all or a
portion of the department's cost of processing incidental take permit
applications pursuant to subdivision (b) of Section 2081 and Section
2080.1. If the permit application fee is insufficient to complete
permitting work due to the complexity of a project or timeline
delays, the department may collect an additional fee from the owner
or developer to pay for its actual costs, not to exceed an additional
seventy-five thousand dollars ($75,000). two
hundred thousand dollars ($200,000). This additional fee shall be
collected before a final decision on the project by the
department or the Energy Commission.
(c) Notwithstanding subdivisions (a) and (b), if the department's
(2) Notwithstanding subdivision (a), if
the department's cost of processing an incidental take permit
application is limited to activities pursuant to Section 2080.1, the
department shall collect a fee from the owner or developer of an
eligible project in an amount that does not exceed the anticipated
full costs to the department for those activities.
(d)
(c) For an eligible project seeking site certification,
pursuant to Chapter 6 (commencing with Section 25500) of Division 1
of the Public Resources Code, by the Energy Commission, the owner or
developer shall pay the permit application fee directly to the
department. The permit application fee paid to the department shall
fund the department's participation in the Energy Commission's site
certification process as the state's trustee for natural resources.
The permit application fee shall be in addition to any application
fees collected by the Energy Commission. The permit application fee
shall be due and payable within 30 days of the operative date of this
section. As used in this subdivision, "Energy Commission" has the
same meaning as defined in Section 2099.
(e) The permit application fees paid pursuant to this section
shall be proportional to the cost incurred by the department, and
shall be annually reviewed and adjustments recommended to the
Legislature in an amount necessary to pay the full costs of
department programs as specified. The fees shall be deposited in
(d) The permit application fees paid
pursuant to this section shall be annually reviewed and adjustments
recommended to the Legislature in an amount necessary to pay the full
costs of processing the project's incidental take permit. The fees
paid to the department pursuant to this section shall be deposited in
the Fish and Game Preservation Fund, and shall be eligible for
expenditure by the department pursuant to subdivision (b) of Section
F2081 and Section 2080.1. (f)
(e) If an owner or developer withdraws a project within
30 days after paying the permit application fee, the department
shall refund any unused portion of the fee to the owner or developer.
F SEC. 4. Section 2840 is added to the Fish and Game Code, to read:
2840. (a) Consistent with this chapter and to the extent
practicable, the department shall enter into one or more planning
agreements with appropriate plan participants, including, but not
limited to, the State Energy Resources Conservation and Development
Commission (Energy Commission), one or more counties within the San
Joaquin Valley, and other persons or public entities for the purpose
of preparing one or more natural community conservation plans, if all
Fof the following conditions are met: (1) The plan meets all the requirements of this chapter and
appropriate financial assurances for adequate funding for those
plans, as required by this chapter, are provided to the department.
(2) The parties to the planning agreement include both of the
following:
(A) One or more local agencies with land use permit authority
sufficient to allow for comprehensive management and conservation of
multiple wildlife species.
(B) One or more parties that are renewable energy developers
proposing to construct, in total, at least 2,000 megawatts of
eligible renewable energy resources, as defined in the California
renewables portfolio standard program
Renewables Portfolio Standard Program (Article 16 (commencing
with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the
Public Utilities Code).
(b) "San Joaquin Valley," for purposes of this section, means
lands within the Counties of Fresno, Kern, Kings, Madera, Merced, San
Joaquin, Stanislaus, and Tulare, as determined by each county in
consultation with the department.
SEC. 5. Section 25524 of the Public Resources Code is amended to
read:
25524. (a) "Qualified applicant" for purposes of this section
means an applicant for certification of
an eligible renewable energy resource, as defined in the
California Renewables Portfolio Standard Program (Article 16
(commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division
F1 of the Public Utilities Code). (b) The commission shall establish a process to allow a qualified
applicant to elect to pay additional fees to be used by the
commission to contract with a third party, or more than one third
party, to assist commission staff in performing the analysis
otherwise performed by commission staff in determining whether or not
to issue a certification. The commission shall retain discretion as
to when this option will be offered to a qualified applicant.
(c) The amount of the fees charged by the commission pursuant to
this section shall be conditioned upon the qualified applicant
agreeing to that amount and electing to proceed with the retention of
Fthe third party or parties pursuant to subdivision (b). (d) All fees paid by a qualified applicant shall be used
exclusively for analysis of that applicant's application for
certification.
SEC. 6. Section 25619 is added to the Public Resources Code, to
read:
25619. (a) For purposes of this section, the following
definitions shall apply:
(1) "Disturbed lands" means lands that have been mechanically
disturbed, including lands that have been converted from native
vegetation through plowing, bulldozing, or other mechanical means in
support of activities that change the land cover, including, but not
limited to, agriculture, mining, and clearance for development
purposes. These lands, based on appropriate biological surveys, may
also have diminished value as habitat for mitigation purposes for
endangered, threatened, candidate, and other sensitive species.
(2) "Qualified counties" means the Counties of Fresno, Imperial,
Inyo, Kern, Kings, Los Angeles, Madera, Merced, Riverside, San
Bernardino, San Diego, San Joaquin, Stanislaus, and Tulare.
(b) The commission shall provide, upon appropriation by the
Legislature, up to seven million dollars ($7,000,000) in grants to
qualified counties for the development or revision of rules and
policies, including , but not limited to, general plan
elements, zoning ordinances, and a natural community conservation
plan as a plan participant, that facilitate the development of
eligible renewable energy resources, and their associated electric
transmission facilities, on disturbed lands and the processing
of permits for eligible renewable energy resources. The commission
may allocate not more than 1 percent of appropriated funds
to provide training to county planning staff to facilitate the
siting and permitting of renewable energy resources . A general
plan element or zoning ordinance that is adopted or revised pursuant
to this section shall be completed within two years of receipt of
the grant and shall be consistent with the conservation strategies of
any natural community conservation plan, if one had been
approved or is under development in the county, plan
if one has been approved, or is under development,
pursuant to the Natural Community Conservation Planning Act (Chapter
10 (commencing with Section 2800) of Division 3 of the Fish and Game
Code). For counties within the Desert Renewable Energy
Conservation Plan planning area, the commission shall not
award a grant to a county that is not a "plan participant," as
defined by paragraph (1) of subdivision (j) of Section 2805 of the
Fish and Game Code, in the Desert Renewable Energy Conservation Plan.
F (c) In its initial round of grant funding, the commission shall
establish a preference for a grant to a qualified county in an amount
that is adequate to develop a renewable energy element in its
general plan that will facilitate the development and siting of
multiple renewable energy technologies. The commission shall also
establish a preference for a grant for those counties that have
experience in geothermal energy development and have adopted a
geothermal element, as defined in Section 25133, to its general plan.
F SEC. 7. This bill shall become operative only if Senate Bill 2 of
the 2011-12 First Extraordinary Session is enacted and becomes
effective on or before January 1, 2012.
SEC. 8. This act addresses the fiscal emergency declared and
reaffirmed by the Governor by proclamation on January 20, 2011,
pursuant to subdivision (f) of Section 10 of Article IV of the
California Constitution.