Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 361


Introduced by Assembly Member Achadjian

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(Coauthor: Senator Monning)

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February 17, 2015


An act tobegin delete amendend deletebegin insert addend insert Section 8610.5begin delete ofend deletebegin insert toend insert the Government Code, relating to emergency services.

LEGISLATIVE COUNSEL’S DIGEST

AB 361, as amended, 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, untilbegin delete January 1, 2020,end deletebegin insert July 1, 2019,end insert 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 billbegin insert, operative July 1, 2019,end insert wouldbegin delete make technical, nonsubstantive changes to the funding of state and local costs, described above.end deletebegin insert extend, until July 1, 2024, the method for funding state and local costs for emergency service activities associated with a nuclear powerplant, as described above, with respect to a utility operating a nuclear powerplant with a generating capacity of 50 megawatts or more, thereby extending an amount, as specified, available for disbursement for local costs for the Diablo Canyon site.end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

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begin insertSECTION 1.end insert  

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begin insertSection 8610.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

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3

begin insert8610.5.end insert  

(a) For purposes of this section:

4(1) “Office” means the Office of Emergency Services.

5(2) “Previous fiscal year” means the fiscal year immediately
6prior to the current fiscal year.

7(3) “Utility” means an “electrical corporation” as defined in
8Section 218 of the Public Utilities Code.

9(b) (1) State and local costs to carry out activities pursuant to
10this section and Chapter 4 (commencing with Section 114650) of
11Part 9 of Division 104 of the Health and Safety Code that are not
12reimbursed by federal funds shall be borne by a utility operating
13a nuclear powerplant with a generating capacity of 50 megawatts
14or more.

15(2) The Public Utilities Commission shall develop and transmit
16to the office an equitable method of assessing a utility operating
17a powerplant for its reasonable share of state agency costs
18specified in paragraph (1).

19(3) Each local government involved shall submit a statement of
20its costs specified in paragraph (1), as required, to the office.

21(4) Upon notification by the office, from time to time, of the
22amount of its share of the actual or anticipated state and local
23agency costs, a utility shall pay this amount to the Controller for
24deposit in the Nuclear Planning Assessment Special Account, which
25is continued in existence, for allocation by the Controller, upon
26appropriation by the Legislature, to carry out activities pursuant
27to this section and Chapter 4 (commencing with Section 114650)
28of Part 9 of Division 104 of the Health and Safety Code. The
29Controller shall pay from this account the state and local costs
30relative to carrying out this section and Chapter 4 (commencing
P3    1with Section 114650) of Part 9 of Division 104 of the Health and
2Safety Code, upon certification of the costs by the office.

3(5) Upon appropriation by the Legislature, the Controller may
4disburse up to 80 percent of a fiscal year allocation from the
5Nuclear Planning Assessment Special Account, in advance, for
6anticipated local expenses, as certified by the office pursuant to
7paragraph (4). The office shall review program expenditures
8related to the balance of funds in the account and the Controller
9shall pay the portion, or the entire balance, of the account, based
10upon those approved expenditures.

11(c) The total annual disbursement of state costs from a utility
12operating a nuclear powerplant within the state for activities
13pursuant to this section and Chapter 4 (commencing with Section
14114650) of Part 9 of Division 104 of the Health and Safety Code,
15shall not exceed the lesser of the actual costs or the maximum
16funding levels established in this section, subject to subdivisions
17(e) and (f).

18(d) (1) The total annual disbursement for each fiscal year,
19commencing July 1, 2009, of local costs from a utility shall not
20exceed the lesser of the actual costs or the maximum funding levels
21established in this section, in support of activities pursuant to this
22section and Chapter 4 (commencing with Section 114650) of Part
239 of Division 104 of the Health and Safety Code. The maximum
24annual amount available for disbursement for local costs, subject
25to subdivisions (e) and (f), shall, for the fiscal year beginning July
261, 2009, be one million seven hundred thirty-two thousand dollars
27($1,732,000) for the Diablo Canyon site.

28(2) The amounts paid by a utility under this section shall be
29allowed for ratemaking purposes by the Public Utilities
30 Commission.

31(e) The amounts available for disbursement for state and local
32costs as specified in this section shall be adjusted and compounded
33each fiscal year by the larger of the percentage change in the
34prevailing wage for San Luis Obispo County employees, not to
35exceed 5 percent, or the percentage increase in the California
36Consumer Price Index from the previous fiscal year.

37(f) Through the inoperative date specified in subdivision (h),
38the amounts available for disbursement for state and local costs
39as specified in this section shall be cumulative biennially. Any
40unexpended funds from a year shall be carried over for one year.
P4    1The funds carried over from the previous year may be expended
2when the current year’s funding cap is exceeded.

3(g) This section shall become operative on July 1, 2019.

4(h) This section shall become inoperative on July 1, 2024, and,
5as of January 1, 2025, is repealed.

6(i) When this section becomes inoperative, any amounts
7remaining in the special account shall be refunded to a utility
8contributing to it, to be credited to the utility’s ratepayers.

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SECTION 1.  

Section 8610.5 of the Government Code is
10amended to read:

11

8610.5.  

(a) For purposes of this section, the following
12definitions shall apply:

13(1) “Agency” or “office” means the Office of Emergency
14Services.

15(2) “Previous fiscal year” means the fiscal year immediately
16prior to the current fiscal year.

17(3) “Utility” means an “electrical corporation” as defined in
18Section 218 of the Public Utilities Code, and “utilities” means
19more than one electrical corporation.

20(b) (1) State and local costs to carry out activities pursuant to
21this section and Chapter 4 (commencing with Section 114650) of
22Part 9 of Division 104 of the Health and Safety Code that are not
23reimbursed by federal funds shall be borne by utilities operating
24nuclear powerplants with a generating capacity of 50 megawatts
25or more.

26(2) The Public Utilities Commission shall develop and transmit
27to the office an equitable method of assessing the utilities operating
28the powerplants for their reasonable pro rata share of state agency
29costs specified in paragraph (1).

30(3) Each local government involved shall submit a statement
31of its costs specified in paragraph (1), as required, to the office.

32(4) Upon each utility’s notification by the office, from time to
33time, of the amount of its share of the actual or anticipated state
34and local agency costs, the utility shall pay this amount to the
35Controller for deposit in the Nuclear Planning Assessment Special
36Account, which is continued in existence, for allocation by the
37Controller, upon appropriation by the Legislature, to carry out
38activities pursuant to this section and Chapter 4 (commencing with
39Section 114650) of Part 9 of Division 104 of the Health and Safety
40Code. The Controller shall pay from this account the state and
P5    1local costs relative to carrying out this section and Chapter 4
2(commencing with Section 114650) of Part 9 of Division 104 of
3the Health and Safety Code, upon certification of the costs by the
4office.

5(5) Upon appropriation by the Legislature, the Controller may
6disburse up to 80 percent of a fiscal year allocation from the
7Nuclear Planning Assessment Special Account, in advance, for
8anticipated local expenses, as certified by the agency pursuant to
9paragraph (4). The office shall review program expenditures related
10to the balance of funds in the account and the Controller shall pay
11the portion, or the entire balance, of the account, based upon those
12approved expenditures.

13(c) (1) The total annual disbursement of state costs from the
14utilities operating the nuclear powerplants within the state for
15activities pursuant to this section and Chapter 4 (commencing with
16Section 114650) of Part 9 of Division 104 of the Health and Safety
17Code, shall not exceed the lesser of the actual costs or the
18maximum funding levels established in this section, subject to
19subdivisions (e) and (f), to be shared equally among the utilities.

20(2) Of the annual amount of two million forty-seven thousand
21dollars ($2,047,000) for the 2009-10 fiscal year, the sum of one
22million ninety-four thousand dollars ($1,094,000) shall be for
23support of the office for activities pursuant to this section and
24Chapter 4 (commencing with Section 114650) of Part 9 of Division
25104 of the Health and Safety Code, and the sum of nine hundred
26fifty-three thousand dollars ($953,000) shall be for support of the
27State Department of Public Health for activities pursuant to this
28section and Chapter 4 (commencing with Section 114650) of Part
299 of Division 104 of the Health and Safety Code.

30(d) (1) The total annual disbursement for each fiscal year,
31commencing July 1, 2009, of local costs from the utilities shall
32not exceed the lesser of the actual costs or the maximum funding
33levels established in this section, in support of activities pursuant
34to this section and Chapter 4 (commencing with Section 114650)
35of Part 9 of Division 104 of the Health and Safety Code. The
36maximum annual amount available for disbursement for local
37costs, subject to subdivisions (e) and (f), shall, for the fiscal year
38beginning July 1, 2009, be one million seven hundred thirty-two
39thousand dollars ($1,732,000) for the Diablo Canyon site and one
P6    1million six hundred thousand dollars ($1,600,000) for the San
2Onofre site.

3(2) The amounts paid by the utilities under this section shall be
4allowed for ratemaking purposes by the Public Utilities
5Commission.

6(e) (1) Except as provided in paragraph (2), the amounts
7available for disbursement for state and local costs as specified in
8this section shall be adjusted and compounded each fiscal year by
9the percentage increase in the California Consumer Price Index of
10the previous fiscal year.

11(2) For the Diablo Canyon site, the amounts available for
12disbursement for state and local costs as specified in this section
13shall be adjusted and compounded each fiscal year by the larger
14of the percentage change in the prevailing wage for San Luis
15Obispo County employees, not to exceed 5 percent, or the
16percentage increase in the California Consumer Price Index from
17the previous fiscal year.

18(f) Through the inoperative date specified in subdivision (g),
19the amounts available for disbursement for state and local costs
20as specified in this section shall be cumulative biennially. Any
21unexpended funds from a year shall be carried over for one year.
22The funds carried over from the previous year may be expended
23when the current year’s funding cap is exceeded.

24(g) This section shall become inoperative on July 1, 2019, and,
25as of January 1, 2020, is repealed, unless a later enacted statute,
26which becomes effective on or before July 1, 2019, deletes or
27extends the dates on which it becomes inoperative and is repealed.

28(h) Upon inoperation of this section, any amounts remaining in
29the special account shall be refunded pro rata to the utilities
30contributing to it, to be credited to the utility’s ratepayers.

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