BILL ANALYSIS Ó 1
SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
ALEX PADILLA, CHAIR
AB 1255 - V.M. Pérez Hearing Date:
August 31, 2012 A
As Amended: August 23, 2012 FISCAL B
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DESCRIPTION
Current law requires the California Energy Commission (CEC) to
provide up to seven million dollars in grants to 15 qualified
counties for the development or revision of rules and policies,
including general plan elements, zoning ordinances, and natural
community conservation plan (NCCP) that facilitate the
development of eligible renewable energy resources, and their
associated electric transmission facilities, and the processing
of permits for eligible renewable energy resources. Funding is
to be made available only upon appropriation by the Legislature.
Current law prohibits the award of a grant to a county within
the Desert Renewable Energy Conservation Plan (DRECP) if the
county is not participant in the plan.
This bill broadens eligibility for the planning grants to also
include counties that enter into a memorandum of understanding
with the CEC agreeing to participate in the development of a
NCCP.
BACKGROUND
Desert Renewable Energy Conservation Plan - The DRECP is a
component of California's renewable energy planning efforts that
is to result in a biological mitigation and conservation program
providing renewable project developers with permit timing and
cost certainty under the federal and California Endangered
Species Acts while at the same time preserving, restoring and
enhancing natural communities and related ecosystems.
Approximately 22.5 million acres of federal and non-federal
California desert land are in the DRECP Plan Area.
The DRECP is focused on the desert regions and adjacent lands of
seven California counties - Imperial, Inyo, Kern, Los Angeles,
Riverside, San Bernardino, and San Diego. It is being prepared
through a collaborative effort between the CEC, Department of
Fish and Game (DFG), the U.S. Bureau of Land Management, and the
U.S. Fish and Wildlife Service also known as the Renewable
Energy Action Team.
Natural Community Conservation Planning (NCCP) - This DFG
program includes private and public partners and takes a
broad-based ecosystem approach to planning for the protection
and perpetuation of biological diversity. An NCCP identifies and
provides for the regional or area-wide protection of plants,
animals, and their habitats, while allowing compatible and
appropriate economic activity.
The NCCP program is a cooperative effort to protect habitats and
species. It began in 1991 under the State's Natural Community
Conservation Planning Act, legislation broader in its
orientation and objectives than the California and Federal
Endangered Species Acts. The primary objective of the NCCP
program is to conserve natural communities at the ecosystem
level while accommodating compatible land use. The program seeks
to anticipate and prevent the controversies and gridlock caused
by species' listings by focusing on the long-term stability of
wildlife and plant communities and including key interests in
the process.
Working with landowners, environmental organizations, and other
interested parties, a local agency oversees the numerous
activities that compose the development of a conservation plan.
The DFG and the U.S. Fish and Wildlife Service provide the
necessary support, direction, and guidance to NCCP participants.
The NCCP approach to conservation is available statewide and
planning efforts are underway in Butte, Santa Clara, Placer,
Yolo, Sutter, and Yuba Counties, as well as with the Mendocino
Redwood Company. There are currently 23 active NCCPs covering
more than 11 million acres.
COMMENTS
1. Author's Purpose . To broaden eligibility for county
plan grants that facilitate the development of renewable
resources to meet the goals for the Renewables Portfolio
Standard which increases the amount of electricity
generated from eligible renewable energy resources per
year, so that amount equals at least 33% of total retail
sales of electricity in California per year by 2020.
2. Program Status . This program was authorized by the
Legislature in 2011 but implementation was contingent on an
appropriation by the Legislature. The Governor's proposed
budget for the 2012-13 fiscal year requested two
limited-term positions for one year to develop and
administer the grants. Grants would be issued to qualified
counties for the development or revision of rules and
policies that facilitate the development of eligible
renewable energy resources and their associated electric
transmission facilities, and the processing of permits for
eligible renewable energy resources. The resources trailer
bill to the Budget Act of 2012 provides the funding
necessary for the grants as a result of loan paybacks from
the General Fund to the CEC's Renewable Resources Trust
Fund.
3. Technical Amendment . The Legislature adopted AB 2161
(Achadjian) this summer which is pending enrollment to the
governor which adds an additional county to the list of
eligible counties. However, neither bill addresses this
issue with the appropriate jointing language to avoid
chaptering-out. Consequently, the author and committee may
wish to consider amending this bill to add San Luis Obispo
County to the list of qualified counties. The author would
then need to work with the Governor's office to ensure that
AB 1255 is chaptered after AB 2161.
ASSEMBLY VOTES *
Assembly Floor (72-0)
Assembly Appropriations Committee (17-0)
Assembly Jobs, Economic Development, and the Economy
(5-0)
*Prior votes not relevant
POSITIONS
Sponsor:
Author
Support:
None on file.
Oppose:
None on file.
Kellie Smith
AB 1255 Analysis
Hearing Date: August 31, 2012