BILL ANALYSIS
AB 1350
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Date of Hearing: April 27, 2009
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Nancy Skinner, Chair
AB 1350 (Blakeslee) - As Amended: April 2, 2009
SUBJECT : Energy: regional mitigation
SUMMARY : Authorizes the CEC to communicate, coordinate, and
work with the Natural Resources Agency (NRA), Wildlife
Conservation Board (WCB), Department of Fish and Game (DFG) and
others to consider and implement mitigation measures on a
regional basis for renewable energy projects developed pursuant
to the Renewable Portfolio Standard (RPS).
EXISTING LAW :
1)Pursuant to the California Environmental Quality Act (CEQA),
requires a public agency to prepare an environmental impact
report (EIR) for a project that may have a significant impact
on the environment. An EIR must identify mitigation measures
proposed to minimize significant impacts on the environment
and include a monitoring program to ensure compliance with
these measures.
2)Requires investor-owned utilities and certain other retail
sellers of electricity to procure 20% of electricity delivered
to their retail customers from renewable resources by 2010.
3)Authorizes the Department of Transportation (Caltrans) to
communicate, coordinate, and work with NRA, the Wildlife
Conservation Board, DFG, other agencies and stakeholders to
consider and implement mitigation requirements on a regional
basis for Highway 99 improvements projects authorized by
Proposition 1B (2006).
THIS BILL :
1)Authorizes CEC to communicate, coordinate, and work with NRA,
the Wildlife Conservation Board, DFG, other agencies and
stakeholders to consider and implement mitigation
requirements, including those required by CEQA, on a regional
basis for renewable energy projects developed pursuant to the
RPS that may include identification of priority areas for
mitigation and utilization of existing conservation programs.
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2)Authorizes CEC to execute an agreement, a memorandum of
understanding, or other similar instrument to memorialize its
understanding of any communication, coordination or
implementation activities with other state agencies for the
purposes of meeting mitigation requirements on a regional
basis.
3)Stipulates that this bill does not interfere with, or prevent
the existing authority of, an agency or department to carry
out its programs, projects or responsibilities to identify,
review, approve, deny or implement any mitigation
requirements.
COMMENTS : According to the author's office: "In order to
achieve the state's ambitious RPS goals, in particular if the
target is advanced to 33% or higher, there will need to be a
massive deployment of renewable energy projects the likes of
which have never been seen before. Projects that span acres to
square miles will become more common. Maintaining the state's
other environmental and natural resources objectives will
require significant mitigation efforts.
Currently, mitigation of renewable energy projects is handled on
a case-by-case, project-by-project basis, with the onus of
project selection, development and management left to energy
developers whose primary expertise is the generation of clean,
renewable electrons, not the conservation of sensitive habitats.
This bill seeks to develop a more strategic approach to
mitigation by considering the regional impact of multiple
projects and encouraging a coordinated approach to maximize the
conservation benefits of mitigation dollars."
1)Agencies are developing a Desert Renewable Energy Conservation
Plan
In November 2008, the Governor issued Executive Order (EO)
S-14-08 which, among other things, established a 33% RPS and
directed NRA, with the CEC and DFG, to expedite the development
of RPS eligible renewable energy resources. The EO also
required these agencies to finalize a Desert Renewable Energy
Conservation Plan (Plan) by June 1, 2012 that would "provide
binding, long-term endangered species permit assurances,
facilitate the RPS desert project approval process, and provide
a process for state and federal conservation funding to
implement the Plan."
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The Plan is intended to satisfy the requirements of the state's
Natural Communites Conservation Planning Act, the purpoes of
which is to conserve natural communities at the region or
ecosystem scale while accommodating compatible land use.
According to DFG, a NCCP "seeks to anticipate and prevent the
controversies and gridlock caused by species' listings by
focusing on the long-term stability of wildlife and plant
communities and including key interests in the process." These
goals and objectives closely align with those set forth in this
bill.
Furthermore, the EO requires the CEC and DFG, by December 31,
2009, to identify other areas of the state where NCCPs should be
developed based on their renewable energy development potential.
The agencies must also develop a "conservation strategy that
clearly identifies and maps areas for RPS project development
and areas intended for long-term natural resource conservation."
Thus, this bill appears to be unnecessary.
2)Previous legislation
This bill relies on an identical approach found in AB 1055
(Blakeslee), Chapter 503, Statutes of 2007. AB 1055 applied to
Caltrans and Highway 99 improvement projects authorized by Prop
1B (2006).
REGISTERED SUPPORT / OPPOSITION :
Support
California Council of Land Trusts
Opposition
None on file
Analysis Prepared by : Dan Chia / NAT. RES. / (916) 319-2092