Amended in Assembly April 29, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 361


Introduced by Assembly Member Achadjian

(Coauthor: Senator Monning)

February 17, 2015


An act to add Section 8610.5 to 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 nuclearbegin delete powerplantend deletebegin insert powerplant,end insert 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 July 1, 2019, 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, operative July 1, 2019, would extend, until July 1,begin delete 2024,end deletebegin insert 2025,end insert 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.

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

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

P2    1

SECTION 1.  

Section 8610.5 is added to the Government Code,
2to read:

3

8610.5.  

(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 specified
18in paragraph (1).

19(3) Each local government involved shall submit a statement
20of its 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,
25 which is continued in existence, for allocation by the Controller,
26upon appropriation by the Legislature, to carry out activities
27pursuant to this section and Chapter 4 (commencing with Section
28114650) of Part 9 of Division 104 of the Health and Safety Code.
P3    1The Controller shall pay from this account the state and local costs
2relative to carrying out this section and Chapter 4 (commencing
3with Section 114650) of Part 9 of Division 104 of the Health and
4Safety Code, upon certification of the costs by the office.

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 office 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) begin insert(1)end insertbegin insertend insertThe total annual disbursement of state costs from a utility
14operating a nuclear powerplant within the state for activities
15pursuant to this section and Chapter 4 (commencing with Section
16114650) of Part 9 of Division 104 of the Health and Safety Code,
17shall not exceed the lesser of the actual costs or the maximum
18funding levels established in this section, subject to subdivisions
19(e) and (f).

begin insert

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.

end insert

30(d) (1) The total annual disbursement for each fiscal year,
31commencing July 1, 2009, of local costs from a utility shall not
32exceed the lesser of the actual costs or the maximum funding levels
33established in this section, in support of activities pursuant to this
34section and Chapter 4 (commencing with Section 114650) of Part
359 of Division 104 of the Health and Safety Code. The maximum
36annual amount available for disbursement for local costs, subject
37to subdivisions (e) and (f), shall, for the fiscal year beginning July
381, 2009, be one million seven hundred thirty-two thousand dollars
39($1,732,000) for the Diablo Canyon site.

P4    1(2) The amounts paid by a utility under this section shall be
2allowed for ratemaking purposes by the Public Utilities
3Commission.

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

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

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

17(h) This section shall become inoperative on July 1,begin delete 2024,end deletebegin insert 2025,end insert
18 and, as of January 1,begin delete 2025,end deletebegin insert 2026,end insert is repealed.

19(i) When this section becomes inoperative, any amounts
20remaining in the special account shall be refunded to a utility
21contributing to it, to be credited to the utility’s ratepayers.



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