California Legislature—2015–16 Regular Session

Assembly Bill No. 175

Introduced by Assembly Member Mathis

January 26, 2015

An act to amend Sections 25500.5, 25514, 25514.5, and 25516 of the Public Resources Code, and to amend Section 740.3 of the Public Utilities Code, relating to electricity.

LEGISLATIVE COUNSEL’S DIGEST

AB 175, as introduced, Mathis. Electricity.

The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development 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 electricity in that commission’s most recent forecast of statewide and service area electricity demand.

This bill would make nonsubstantive revisions to the State Energy Resources Conservation and Development Commission’s certification requirements.

Existing law requires the Public Utilities Commission, in cooperation with the State Energy Resources Conservation and Development Commission, the State Air Resources Board, air quality management districts and air pollution control districts, electrical and gas corporations, and the motor vehicle industry, to evaluate and implement policies to promote the development of equipment and infrastructure needed to facilitate the use of electricity and natural gas to fuel low-emission vehicles.

This bill would make nonsubstantive revisions to these requirements of the Public Utilities Commission.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 25500.5 of the Public Resources Code
is amended to read:

25500.5.  

The commission shall certify sufficient sites and
related facilities begin delete which end delete begin insert that end insert are required to provide a supply of
begin delete electric power end delete begin insert electricity end insert sufficient to begin delete accomodate end delete begin insert accommodate end insert
the demand projected in the most recent forecast of statewide and
service area begin delete electric power end delete begin insert electricity end insert demands adopted pursuant
to subdivision (b) of Section 25309.

SEC. 2.  

Section 25514 of the Public Resources Code is
amended to read:

25514.  

After conclusion of the hearings held pursuant to
Section 25513 and no later than 300 days after the filing of the
notice, a final report shall be prepared and distributed. The final
report shall include, but not be limited to, all of the following:

(a) The findings and conclusions of the commission regarding
the conformity of alternative sites and related facilities designated
in the notice or considered in the notice of intention proceeding
with both of the following:

(1) The 12-year forecast of statewide and service area begin delete electric
power end delete begin insert electricity end insert demands adopted pursuant to subdivision (e) of
Section 25305, except as provided in Section 25514.5.

(2) Applicable local, regional, state, and federal standards,
ordinances, and laws, including any long-range land use plans or
guidelines adopted by the state or by any local or regional planning
agency, which would be applicable but for the exclusive authority
of the commission to certify sites and related facilities; and the
standards adopted by the commission pursuant to Section 25216.3.

(b) Any findings and comments submitted by the California
Coastal Commission pursuant to Section 25507 and subdivision
(d) of Section 30413.

(c) Any findings and comments submitted by the San Francisco
Bay Conservation and Development Commission pursuant to
Section 25507 of this code and subdivision (d) of Section 66645
of the Government Code.

(d) The commission’s findings on the acceptability and relative
merit of each alternative siting proposal designated in the notice
or presented at the hearings and reviewed by the commission. The
specific findings of relative merit shall be made pursuant to
Sections 25502 to 25516, inclusive. In its findings on any
alternative siting proposal, the commission may specify
modification in the design, construction, location, or other
conditions which will meet the standards, policies, and guidelines
established by the commission.

(e) Findings and conclusions with respect to the safety and
reliability of the facility or facilities at each of the sites designated
in the notice, as determined by the commission pursuant to Section
25511, and any conditions, modifications, or criteria proposed for
any site and related facility proposal resulting from the findings
and conclusions.

(f) Findings and conclusions as to whether increased property
taxes due to the construction of the project are sufficient to support
needed local improvements and public services required to serve
the project.

SEC. 3.  

Section 25514.5 of the Public Resources Code is
amended to read:

25514.5.  

In considering the acceptability of a site proposed to
accommodate ultimately additional begin delete power-generating end delete begin insert electrical
generating end insert capacity, the commission, in determining, pursuant to
Sections 25514 and 25512, the conformity of the facilities proposed
in the notice with the 12-year forecast of statewide and service
area begin delete electric power end delete begin insert electricity end insert demands adopted pursuant to
subdivision (e) of Section 25305, shall base its determination only
on such initial facilities as are proposed for operation within the
forthcoming 12-year period. Additional facilities projected to be
operating at the site at a time beyond the forthcoming 12-year
period shall not be considered in the determination of conformity
with the begin delete electric power end delete begin insert electricity end insert demand forecast.

SEC. 4.  

Section 25516 of the Public Resources Code is
amended to read:

25516.  

begin insert (a) end insert begin insert   end insert The approval of the notice by the commission shall
be based upon findings pursuant to Section 25514. The notice shall
not be approved unless the commission finds at least two alternative
site and related facility proposals considered in the commission’s
final report as acceptable. If the commission does not find at least
two sites and related facilities acceptable, additional sites and
related facilities may be proposed by the applicant which shall be
considered in the same manner as those proposed in the original
notice.

begin insert (b) end insert begin insert   end insert If the commission finds that a good faith effort has been
made by the person submitting the notice to find an acceptable
alternative site and related facility and that there is only one
acceptable site and related facility among those submitted, the
commission may approve the notice based on the one site and
related facility. If a notice is approved based on one site and related
facility, the commission may require a new notice to be filed to
identify acceptable alternative sites and related facilities for the
one site and related facility approved unless suitable alternative
sites and related facilities have been approved by the commission
in previous notice of intention proceedings.

begin insert (c) end insert begin insert   end insert If the commission finds that additional begin delete electric end delete begin insert electrical end insert
generating capacity is needed to accommodate the begin delete electric power end delete
begin insert electricity end insert demand forecast pursuant to subdivision (e) of Section
25305 and, after the commission finds that a good faith effort was
made by the person submitting the notice to propose an acceptable
site and related facility, it fails to find any proposed site and related
facility to be acceptable, the commission shall designate, at the
request of and at the expense of the person submitting the notice,
a feasible site and related facility for providing the needed begin delete electric end delete
begin insert electrical end insert generating capacity.

SEC. 5.  

Section 740.3 of the Public Utilities Code is amended
to read:

740.3.  

(a) The commission, in cooperation with the begin delete State
Energy Conservation and Development end delete begin insert Energy end insert Commission, the
State Air Resources Board, air quality management districts and
air pollution control districts, regulated electrical and gas
corporations, and the motor vehicle industry, shall evaluate and
implement policies to promote the development of equipment and
infrastructure needed to facilitate the use of begin delete electric power end delete
begin insert electricity end insert and natural gas to fuel low-emission vehicles. Policies
to be considered shall include both of the following:

(1) The sale-for-resale and the rate-basing of low-emission
vehicles and supporting equipment such as batteries for electric
vehicles and compressor stations for natural gas fueled vehicles.

(2) The development of statewide standards for electric vehicle
charger connections and compressed natural gas vehicle fueling
connections, including installation procedures and technical
assistance to installers.

(b) The commission shall hold public hearings as part of its
effort to evaluate and implement the new policies considered in
subdivision (a), and shall provide a progress report to the
Legislature by January 30, 1993, and every two years thereafter,
concerning policies on rates, equipment, and infrastructure
implemented by the commission and other state agencies, federal
and local governmental agencies, and private industry to facilitate
the use of begin delete electric power end delete begin insert electricity end insert and natural gas to fuel
low-emission vehicles.

(c) The commission’s policies authorizing utilities to develop
equipment or infrastructure needed for electric-powered and natural
gas-fueled low-emission vehicles shall ensure that the costs and
expenses of those programs are not passed through to electric or
gas ratepayers unless the commission finds and determines that
those programs are in the ratepayers’ interest. The commission’s
policies shall also ensure that utilities do not unfairly compete with
nonutility enterprises.