California Legislature—2015–16 Regular Session

Assembly BillNo. 361


Introduced by Assembly Member Achadjian

February 17, 2015


An act to amend Section 8610.5 of the Government Code, relating to emergency services.

LEGISLATIVE COUNSEL’S DIGEST

AB 361, as introduced, Achadjian. California Emergency Services Act: nuclear powerplants.

Existing law, the California Emergency Services Act, authorizes local government entities to create disaster councils by ordinance and in turn develop disaster plans specific to their jurisdictions. Existing law, the Radiation Protection Act of 1999, requires local governments to develop and maintain radiological emergency preparedness and response plans to safeguard the public in the emergency planning zone around a nuclear powerplant and generally makes the Office of Emergency Services responsible for the coordination and integration of all emergency planning programs and response plans created pursuant to the Radiation Protection Act of 1999. The California Emergency Services Act, until January 1, 2020, prescribes a method for funding state and local costs for carrying out these activities that are not reimbursed by federal funds, with the costs borne by utilities operating nuclear powerplants with a generating capacity of 50 megawatts or more.

This bill would make technical, nonsubstantive changes to the funding of state and local costs, described above.

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

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

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SECTION 1.  

Section 8610.5 of the Government Code is
2amended to read:

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8610.5.  

(a) For purposes of this section, the following
4definitions shall apply:

5(1) “Agency” or “office” means the Office of Emergency
6Services.

7(2) “Previous fiscal year” means the fiscal year immediately
8prior to the current fiscal year.

9(3) “Utility” means an “electrical corporation” as defined in
10Section 218 of the Public Utilities Code, and “utilities” means
11more than one electrical corporation.

12(b) (1) State and local costs to carry out activities pursuant to
13this section and Chapter 4 (commencing with Section 114650) of
14Part 9 of Division 104 of the Health and Safety Code that are not
15reimbursed by federal funds shall be borne by utilities operating
16nuclear powerplants with a generating capacity of 50 megawatts
17or more.

18(2) The Public Utilities Commission shall develop and transmit
19to the office an equitable method of assessing the utilities operating
20the powerplants for their reasonable pro rata share of state agency
21costs specified in paragraph (1).

22(3) Each local government involved shall submit a statement
23of its costs specified in paragraph (1), as required, to the office.

24(4) Upon each utility’s notification by the office, from time to
25time, of the amount of its share of the actual or anticipated state
26and local agency costs, the utility shall pay this amount to the
27Controller for deposit in the Nuclear Planning Assessment Special
28Account, which is continued in existence, for allocation by the
29Controller, upon appropriation by the Legislature, to carry out
30activities pursuant to this section and Chapter 4 (commencing with
31Section 114650) of Part 9 of Division 104 of the Health and Safety
32Code. The Controller shall pay from this account the state and
33local costs relative to carrying out this section and Chapter 4
34(commencing with Section 114650) of Part 9 of Division 104 of
35the Health and Safety Code, upon certificationbegin delete thereofend deletebegin insert of the costsend insert
36 by the office.

37(5) Upon appropriation by the Legislature, the Controller may
38disburse up to 80 percent of a fiscal year allocation from the
P3    1Nuclear Planning Assessment Special Account, in advance, for
2anticipated local expenses, as certified by the agency pursuant to
3paragraph (4). The office shall review program expenditures related
4to the balance of funds in the account and the Controller shall pay
5the portion, or the entire balance, of the account, based upon those
6approved expenditures.

7(c) (1) The total annual disbursement of state costs from the
8utilities operating the nuclear powerplants within the state for
9activities pursuant to this section and Chapter 4 (commencing with
10Section 114650) of Part 9 of Division 104 of the Health and Safety
11Code, shall not exceed the lesser of the actual costs or the
12maximum funding levels established in this section, subject to
13subdivisions (e) and (f), to be shared equally among the utilities.

14(2) Of the annual amount of two million forty-seven thousand
15dollars ($2,047,000) for the 2009-10 fiscal year, the sum of one
16million ninety-four thousand dollars ($1,094,000) shall be for
17support of the office for activities pursuant to this section and
18Chapter 4 (commencing with Section 114650) of Part 9 of Division
19104 of the Health and Safety Code, and the sum of nine hundred
20fifty-three thousand dollars ($953,000) shall be for support of the
21State Department of Public Health for activities pursuant to this
22section and Chapter 4 (commencing with Section 114650) of Part
239 of Division 104 of the Health and Safety Code.

24(d) (1) The total annual disbursement for each fiscal year,
25commencing July 1, 2009, of local costs from the utilities shall
26not exceed the lesser of the actual costs or the maximum funding
27levels established in this section, in support of activities pursuant
28to this section and Chapter 4 (commencing with Section 114650)
29of Part 9 of Division 104 of the Health and Safety Code. The
30maximum annual amount available for disbursement for local
31costs, subject to subdivisions (e) and (f), shall, for the fiscal year
32beginning July 1, 2009, be one million seven hundred thirty-two
33thousand dollars ($1,732,000) for the Diablo Canyon site and one
34million six hundred thousand dollars ($1,600,000) for the San
35Onofre site.

36(2) The amounts paid by the utilities under this section shall be
37allowed for ratemaking purposes by the Public Utilities
38Commission.

39(e) (1) Except as provided in paragraph (2), the amounts
40available for disbursement for state and local costs as specified in
P4    1this section shall be adjusted and compounded each fiscal year by
2the percentage increase in the California Consumer Price Index of
3the previous fiscal year.

4(2) For the Diablo Canyon site, the amounts available for
5disbursement for state and local costs as specified in this section
6shall be adjusted and compounded each fiscal year by the larger
7of the percentage change in the prevailing wage for San Luis
8Obispo County employees, not to exceed 5 percent, or the
9percentage increase in the California Consumer Price Index from
10the previous fiscal year.

11(f) Through the inoperative date specified in subdivision (g),
12the amounts available for disbursement for state and local costs
13as specified in this section shall be cumulative biennially. Any
14unexpended funds from a year shall be carried over for one year.
15The funds carried over from the previous year may be expended
16when the current year’s funding cap is exceeded.

17(g) This section shall become inoperative on July 1, 2019, and,
18as of January 1, 2020, is repealed, unless a later enacted statute,
19which becomes effective on or before July 1, 2019, deletes or
20extends the dates on which it becomes inoperative and is repealed.

21(h) Upon inoperation of this section, any amounts remaining in
22the special account shall be refunded pro rata to the utilities
23contributingbegin delete thereto,end deletebegin insert to it,end insert to be credited to the utility’s ratepayers.



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