BILL ANALYSIS �
AB 796
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Date of Hearing: April 8, 2013
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Steven Bradford, Chair
AB 796 (Muratsuchi) - As Proposed to be Amended: April 8, 2013
SUBJECT : Thermal powerplant certification: sea level rise
SUMMARY : This bill would require the California Energy
Commission (CEC) to consider the effects of sea level rise on
the proposed site and related facility during the certification
process.
EXISTING LAW
a)The CEC has authority to issue permits for "thermal"
powerplants," meaning any stationary or floating electrical
generating facility using any source of thermal energy, with a
generating capacity of 50 megawatts or more, and any related
facilities. Thermal powerplant does not include any wind,
hydroelectric, or solar photovoltaic electrical generating
facility. (Public Resources Code 25550)
b)The Department of Water Resources (DWR) is required to shall
develop preliminary maps for the 100- and 200-year flood
plains protected by project levees to provide cities and
counties with best available flood risk data to support future
flood planning needs. (Water Code 9610)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement. "This bill is an important step towards
preparing our coastal cities against the possible, negative
effects of climate change. Sea level rise has the dangerous
potential of wreaking havoc upon our cities' infrastructures,
and we must ensure we prepare adequately to respond to
possible future crises."
2)According to "The Impacts of Sea-Level Rise on the California
Coast," a 2009 report by the California Climate Change Center,
funded through the CEC's Public Interest Energy Research
Program (PIER):
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"We estimate that a 1.4 meter sealevel rise will put
480,000 people at risk of a 100year flood event, given
todays population. Among those affected are large numbers
of lowincome people and communities of color, which are
especially vulnerable. Critical infrastructure, such as
roads, hospitals, schools, emergency facilities, wastewater
treatment plants, power plants, and more will also be at
increased risk of inundation, as are vast areas of wetlands
and other natural ecosystems."
"Sea levels are expected to continue to rise, and the rate
of increase will likely accelerate. In order to evaluate
climate change impacts, the Intergovernmental Panel on
Climate Change (IPCC) developed future emission scenarios
that differ based on assumptions about economic
development, population, regulation, and technology (see
Box 1 for a description of the scenarios). Based on these
scenarios, mean sea level was projected to rise by 0.2 m to
0.6 m by 2100, relative to a baseline of 19801999, in
response to changes in oceanic temperature and the exchange
of water between oceans and landbased reservoirs, such as
glaciers and ice sheets."
"Based on a set of climate scenarios prepared for the
California Energy Commissions Public Interest Energy
Research (PIER) Climate Change Research Program project
that, under medium to mediumhigh emissions scenarios, mean
sea level along the California coast will rise from 1.0
to1.4 meters (m) by the year 2100."
3)CEC regulations currently require power plant permit
applicants to provide a detailed description of the hydrologic
setting of the project, including a map and narrative
description that includes ground water bodies and related
geologic structures, water inundation zones, such as 100-year
flood plain and tsunami run-up zones, flood control
facilities, groundwater wells within mile of project that
include pumping. (Title 20, Division 2, Section 2022)
4)The CEC prepares environmental documentation as required by
the California Environmental Quality Act (CEQA).
5)Flood Insurance Rate Maps . In addition to the DWR floodplain
maps, Federal Emergency Management Agency (FEMA) uses Flood
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Insurance Rate Maps (FIRM) to determine the flood risk that
home and business owners face. The FEMA maps are the official
maps of a community on which FEMA has delineated both the
special hazard areas and the risk premium zones applicable to
the community. FEMA's Risk Analysis Division applies
engineering, planning, and advanced technology to determine
the potential impact of natural hazard events and to develop
strategies to manage the risks associated with these hazards
6)What's a floodplain? A floodplain is defined as any land area
subject to inundation by floodwaters from any source and a
100-year flood is a flood having a one percent (1%) chance of
being equaled or exceeded in any given year (a 1/100th chance
or 1% chance of occurring in any year).
7)Projected flood impacts of Climate Change vary . According to
the PIER report they used a medium-high scenario of 1.0 to 1.4
meters by 2100. They note however that the IPCC panel
projected a rise of 0.2 to 0.6 meters by 2100.
8)Technical Amendment. It is unclear how the CEC is to
"consider" the effects of sea-level rise on power plant
permitting when estimates of sea level rise are inconsistent.
The following amendment makes the language more specific with
regard to how the CEC is expected to address sea-level rise in
siting cases and permissively allows the CEC to rely on the
floodplain maps published by DWR. The author may wish to amend
the bill to clarify these provisions.
25525.5. In the issuance of a certification pursuant to this
chapter, the commission shall consider the effects of sea
level rise on in the context of protecting the proposed site
and related facility from potential damage caused by sea level
rise, such as storm surges and flooding. In assessing the sea
level rise, the commission may rely on floodplain maps
published by the Department of Water Resources.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 796
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Sierra Club California
Opposition
None on file
Analysis Prepared by : Susan Kateley / U. & C. / (916)
319-2083