BILL NUMBER: AB 446 CHAPTERED 09/30/94 BILL TEXT CHAPTER 1145 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 1994 APPROVED BY GOVERNOR SEPTEMBER 29, 1994 PASSED THE ASSEMBLY AUGUST 30, 1994 PASSED THE SENATE AUGUST 29, 1994 AMENDED IN SENATE JULY 1, 1994 AMENDED IN ASSEMBLY MAY 24, 1993 INTRODUCED BY Assembly Member Sher FEBRUARY 11, 1993 An act to amend Sections 25356, 25402.2, 25402.8, 25501, 25517, 25518, 25524.1, 25524.2, 25605.5, 25608, 25687.7, and 25902 of, to repeal Sections 25137, 25216.4, 25309.5, 25406, 25501.3, 25501.5, 25502.5, 25524.25, 25524.3, 25536, 25606, 25607, 25940, and 25941 of, to repeal Chapter 4.7 (commencing with Section 25370) of, to repeal Chapter 5.5 (commencing with Section 25450) of, to repeal Chapter 5.7 (commencing with Section 25470) of, to repeal Chapter 7.1 (commencing with Section 25620) of, to repeal Chapter 7.5 (commencing with Section 25650) of, and to repeal Chapter 7.6 (commencing with Section 25675) of, Division 15 of, the Public Resources Code, relating to energy resources. LEGISLATIVE COUNSEL'S DIGEST AB 446, Sher. Energy resources: State Energy Resources Conservation and Development Commission. Existing law, the Warren-Alquist State Energy Resources Conservation and Development Act, among other things, prohibits the State Energy Resources Conservation and Development Commission from adopting or publishing a building standard except under prescribed conditions, requires the commission to develop a maximum feasible solar implementation plan by January 1, 1980, and to develop a related program on a continuous basis, requires the commission to conduct random or periodic audits and inspections of retail gasoline service stations to determine withholding of supplies and compliance with price regulations, establishes the Motor Vehicle Fuel Conservation Act of 1980 to authorize certain county ordinances, requires the commission to review building standards in relation to indoor air pollution by December 31, 1991, requires the commission to do an energy survey study and develop a program by December 31, 1979, prohibits certain oil or gas pipeline projects except under specified conditions, establishes the Smart Corridor Telecommunications Demonstration Project to study the feasibility of smart corridor technologies, establishes the Harvey Clean Fuel and Campus Rideshare Act requiring the commission to develop and submit to the Legislature certain recommendations by March 1, 1992, establishes the Coal Gasification Generation Act imposing certain duties on the commission relating to project approval, requires the commission by June 30, 1992, to adopt home energy rating and labeling guidelines, and requires the Controller to establish, maintain, and administer the Clean Coal Account in the General Fund and requires the commission to use the money in the account for the purpose of entering into specified development and demonstration contracts. This bill would repeal those provisions of the act. The bill would also repeal certain obsolete and other provisions of the act and make related changes with regard to powerplant siting. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25137 of the Public Resources Code is repealed. SEC. 2. Section 25216.4 of the Public Resources Code is repealed. SEC. 3. Section 25309.5 of the Public Resources Code is repealed. SEC. 4. Section 25356 of the Public Resources Code is amended to read: 25356. (a) The commission shall, utilizing its own staff and other support staff having expertise and experience in, or with, the petroleum industry, gather, analyze, and interpret the information submitted to it pursuant to Section 25354 and other information relating to the supply and price of petroleum products, with particular emphasis on motor vehicle fuels, including, but not limited to, all of the following: (1) The nature, cause, and extent of any petroleum or petroleum products shortage or condition affecting supply. (2) The economic and environmental impacts of any petroleum and petroleum product shortage or condition affecting supply. (3) Petroleum or petroleum product demand and supply forecasting methodologies utilized by the petroleum industry in California. (4) The prices, with particular emphasis on retail motor fuel prices, and any significant changes in prices charged by the petroleum industry for petroleum or petroleum products sold in California and the reasons for those changes. (5) The profits, both before and after taxes, of the industry as a whole and of major firms within it, including a comparison with other major industry groups and major firms within them as to profits, return on equity and capital, and price-earnings ratio. (6) The emerging trends relating to supply, demand, and conservation of petroleum and petroleum products. (7) The nature and extent of efforts of the petroleum industry to expand refinery capacity and to make acquisitions of additional supplies of petroleum and petroleum products, including activities relative to the exploration, development, and extraction of resources within the state. (8) The development of a petroleum and petroleum products information system in a manner which will enable the state to take action to meet and mitigate any petroleum or petroleum products shortage or condition affecting supply. (b) The commission shall analyze the impacts of state and federal policies and regulations upon the supply and pricing of petroleum products. SEC. 5. Chapter 4.7 (commencing with Section 25370) of Division 15 of the Public Resources Code is repealed. SEC. 6. Section 25402.2 of the Public Resources Code is amended to read: 25402.2. Any standard adopted by the commission pursuant to Sections 25402 and 25402.1, which is a building standard as defined in Section 25488.5, shall be submitted to the State Building Standards Commission for approval pursuant to, and is governed by, the State Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code). Building standards adopted by the commission and published in the State Building Standards Code shall be enforced as provided in Sections 25402 and 25402.1. SEC. 7. Section 25402.8 of the Public Resources Code is amended to read: 25402.8. When assessing new building standards for residential and nonresidential buildings relating to the conservation of energy, the commission shall include in its deliberations the impact that those standards would have on indoor air pollution problems. SEC. 8. Section 25406 of the Public Resources Code is repealed. SEC. 9. Chapter 5.5 (commencing with Section 25450) of Division 15 of the Public Resources Code is repealed. SEC. 9.5. Chapter 5.7 (commencing with Section 25470) of Division 15 of the Public Resources Code is repealed. SEC. 10. Section 25501 of the Public Resources Code is amended to read: 25501. This chapter does not apply to any site and related facility: for which the Public Utilities Commission has issued a certificate of public convenience and necessity or which any municipal utility has approved before the effective date of this division. SEC. 11. Section 25501.3 of the Public Resources Code is repealed. SEC. 12. Section 25501.5 of the Public Resources Code is repealed. SEC. 13. Section 25502.5 of the Public Resources Code is repealed. SEC. 14. Section 25517 of the Public Resources Code is amended to read: 25517. Except as provided in Section 25501, no construction of any thermal powerplant or electric transmission line shall be commenced by any electric utility without first obtaining certification as prescribed in this division. Any onsite improvements not qualifying as construction may be required to be restored as determined by the commission to be necessary to protect the environment, if certification is denied. SEC. 15. Section 25518 of the Public Resources Code is amended to read: 25518. The Public Utilities Commission shall issue no certificate of public convenience and necessity for a site or related electrical facilities unless the utility has obtained a certificate from the commission. SEC. 16. Section 25524.1 of the Public Resources Code is amended to read: 25524.1. (a) Except for the existing Diablo Canyon Units 1 and 2 owned by Pacific Gas and Electric Company and San Onofre Units 2 and 3 owned by Southern California Edison Company and San Diego Gas and Electric Company, no nuclear fission thermal powerplant requiring the reprocessing of fuel rods, including any to which this chapter does not otherwise apply, excepting any having a vested right as defined in this section, shall be permitted land use in the state or, where applicable, certified by the commission until both of the following conditions are met: (1) The commission finds that the United States through its authorized agency has identified and approved, and there exists a technology for the construction and operation of, nuclear fuel rod reprocessing plants. (2) The commission has reported its findings and the reasons therefor pursuant to paragraph (1) to the Legislature. That report shall be assigned to the appropriate policy committees for review. The commission may proceed to certify nuclear fission thermal powerplants 100 legislative days after reporting its findings unless within those 100 legislative days either house of the Legislature adopts by a majority vote of its members a resolution disaffirming the findings of the commission made pursuant to paragraph (1). (3) A resolution of disaffirmance shall set forth the reasons for the action and shall provide, to the extent possible, guidance to the commission as to an appropriate method of bringing the commission's findings into conformance with paragraph (1). (4) If a disaffirming resolution is adopted, the commission shall reexamine its original findings consistent with matters raised in the resolution. On conclusion of its reexamination, the commission shall transmit its findings in writing, with the reasons therefor, to the Legislature. (5) If the findings are that the conditions of paragraph (1) have been met, the commission may proceed to certify nuclear fission thermal powerplants 100 legislative days after reporting its findings to the Legislature unless within those 100 legislative days both houses of the Legislature act by statute to declare the findings null and void and takes appropriate action. (6) To allow sufficient time for the Legislature to act, the reports of findings of the commission shall be submitted to the Legislature at least six calendar months prior to the adjournment of the Legislature sine die. (b) The commission shall further find on a case-by-case basis that facilities with adequate capacity to reprocess nuclear fuel rods from a certified nuclear facility or to store that fuel if that storage is approved by an authorized agency of the United States are in actual operation or will be in operation at the time that the nuclear facility requires reprocessing or storage; provided, however, that the storage of fuel is in an offsite location to the extent necessary to provide continuous onsite full core reserve storage capacity. (c) The commission shall continue to receive and process notices of intention and applications for certification pursuant to this division, but shall not issue a decision pursuant to Section 25523 granting a certificate until the requirements of this section have been met. All other permits, licenses, approvals, or authorizations for the entry or use of the land, including orders of court, which may be required may be processed and granted by the governmental entity concerned, but construction work to install permanent equipment or structures shall not commence until the requirements of this section have been met. SEC. 17. Section 25524.2 of the Public Resources Code is amended to read: 25524.2. Except for the existing Diablo Canyon Units 1 and 2 owned by Pacific Gas and Electric Company and San Onofre Units 2 and 3 owned by Southern California Edison Company and San Diego Gas and Electric Company, no nuclear fission thermal powerplant, including any to which this chapter does not otherwise apply, but excepting those exempted herein, shall be permitted land use in the state, or where applicable, be certified by the commission until both of the following conditions have been met: (a) The commission finds that there has been developed and that the United States through its authorized agency has approved and there exists a demonstrated technology or means for the disposal of high-level nuclear waste. (b) (1) The commission has reported its findings and the reasons therefor pursuant to paragraph (a) to the Legislature. That report shall be assigned to the appropriate policy committees for review. The commission may proceed to certify nuclear fission thermal powerplants 100 legislative days after reporting its findings unless within those 100 legislative days either house of the Legislature adopts by a majority vote of its members a resolution disaffirming the findings of the commission made pursuant to subdivision (a). (2) A resolution of disaffirmance shall set forth the reasons for the action and shall provide, to the extent possible, guidance to the commission as to an appropriate method of bringing the commission's findings into conformance with subdivision (a). (3) If a disaffirming resolution is adopted, the commission shall reexamine its original findings consistent with matters raised in the resolution. On conclusion of its reexamination, the commission shall transmit its findings in writing, with the reasons therefor, to the Legislature. (4) If the findings are that the conditions of subdivision (a) have been met, the commission may proceed to certify nuclear fission thermal powerplants 100 legislative days after reporting its findings to the Legislature unless within those 100 legislative days both houses of the Legislature act by statute to declare the findings null and void and take appropriate action. (5) To allow sufficient time for the Legislature to act, the reports of findings of the commission shall be submitted to the Legislature at least six calendar months prior to the adjournment of the Legislature sine die. (c) As used in subdivision (a), "technology or means for the disposal of high-level nuclear waste" means a method for the permanent and terminal disposition of high-level nuclear waste. Nothing in this section requires that facilities for the application of that technology or means be available at the time that the commission makes its findings. That disposition of high-level nuclear waste does not preclude the possibility of an approved process for retrieval of the waste. (d) The commission shall continue to receive and process notices of intention and applications for certification pursuant to this division but shall not issue a decision pursuant to Section 25523 granting a certificate until the requirements of this section have been met. All other permits, licenses, approvals, or authorizations for the entry or use of the land, including orders of court, which may be required may be processed and granted by the governmental entity concerned, but construction work to install permanent equipment or structures shall not commence until the requirements of this section have been met. SEC. 18. Section 25524.25 of the Public Resources Code is repealed. SEC. 19. Section 25524.3 of the Public Resources Code is repealed. SEC. 20. Section 25536 of the Public Resources Code is repealed. SEC. 21. Section 25605.5 of the Public Resources Code is amended to read: 25605.5. Standards adopted by the commission pursuant to Section 25605, which are building standards as defined in Section 25488.5, shall be submitted to the State Building Standards Commission for approval pursuant to, and are governed by, the State Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code). Building standards adopted by the commission and published in the State Building Standards Code shall comply with, and be enforced as provided in, Section 25605. SEC. 22. Section 25606 of the Public Resources Code is repealed. SEC. 23. Section 25607 of the Public Resources Code is repealed. SEC. 24. Section 25608 of the Public Resources Code is amended to read: 25608. The commission shall confer with officials of federal agencies, including the National Aeronautics and Space Administration, the National Institute of Standards and Technology, the Department of Energy, and the Department of Housing and Urban Development, to coordinate the adoption of regulations pursuant to Sections 25603 and 25605. SEC. 25. Chapter 7.1 (commencing with Section 25620) of Division 15 of the Public Resources Code is repealed. SEC. 26. Chapter 7.5 (commencing with Section 25650) of Division 15 of the Public Resources Code is repealed. SEC. 27. Chapter 7.6 (commencing with Section 25675) of Division 15 of the Public Resources Code is repealed. SEC. 28. Section 25687.7 of the Public Resources Code is amended to read: 25687.7. No projects that are eligible for funding under Chapter 6 (commencing with Section 3800) of Division 3 shall be eligible for funding under this chapter. SEC. 29. Section 25902 of the Public Resources Code is amended to read: 25902. Any evaluations in the reports required by Section 25309 and any findings and determinations on the notice of intent pursuant to Chapter 6 (commencing with Section 25500) shall not be construed as a final evaluation, finding, or determination by the commission and a court action may not be brought to review any such evaluation, finding, or determination. SEC. 30. Section 25940 of the Public Resources Code is repealed. SEC. 31. Section 25941 of the Public Resources Code is repealed.