BILL ANALYSIS �
AB 13 X1
Page 1
Date of Hearing: February 24, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 13 X1 (V. Manuel Perez) - As Introduced: February 7, 2011
SUBJECT : Energy: renewable resources: endangered species: �
environmental impact reports
SUMMARY : Expands existing provisions, enacted to facilitate �
permitting of solar energy projects in a specified desert �
region, to include a broader range of renewable energy projects �
in the desert and, for specified provisions, other regions of �
the state. Establishes new provisions to govern review of �
renewable energy projects under the California Environmental �
Quality Act (CEQA) and to support planning and permitting of �
renewable energy projects in the San Joaquin Valley.
EXISTING LAW :
1)Pursuant to the California Endangered Species Act (CESA), �
prohibits the take of any endangered or threatened species �
unless the take is authorized by the Department of Fish and �
Game (DFG). DFG may issue an incidental take permit �
authorizing the take of endangered or threatened species if �
certain conditions are met, including that the take is �
incidental to an otherwise lawful activity, and the impacts of �
the authorized take are minimized and fully mitigated. CESA �
requires applicants to ensure adequate funding to implement �
mitigation measures, including for monitoring.
2)Pursuant to the Natural Community Conservation Planning Act, �
authorizes DFG to permit the taking of any covered species �
whose conservation and management is provided for in a natural �
community conservation plan (NCCP) approved by DFG.
3)SBX8 34 (Padilla), Chapter 9, Statutes of 2009-10 Eighth �
Extraordinary Session:
a) Authorizes DFG, in consultation with the California �
Energy Commission (CEC), to develop mitigation actions, �
including advance mitigation and interim mitigation �
strategies, to fully mitigate the impacts on endangered and �
threatened species of solar energy projects that are �
eligible for federal American Recovery and Reinvestment Act �
AB 13 X1
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(ARRA) funding, and are proposed for siting within the �
Desert Renewable Energy Conservation Plan (DRECP) planning �
area.
b) Authorizes eligible project developers to meet their �
mitigation obligations by voluntarily paying fees for �
deposit into a fund which would be used by DFG to complete �
the mitigation actions.
c) Requires eligible project developers to pay and DFG to �
collect a one-time permit application fee of $75,000 to �
cover DFG's costs of processing incidental take permit �
applications. Authorizes DFG, if the fee is insufficient �
to cover the actual costs of completing the permitting, to �
collect an additional fee of up to $75,000.
4)Requires the CEC to license thermal power plants over 50 �
megawatts and the plant's related facilities including fuel �
supply lines, water pipelines, and transmission lines that tie �
the facility to the grid.
5)Pursuant to CEQA, requires a lead agency with the principal �
responsibility for carrying out or approving a proposed �
discretionary project to evaluate the environmental effects of �
its action and prepare a negative declaration, mitigated �
negative declaration, or environmental impact report (EIR). �
If an initial study shows that the project may have a �
significant effect on the environment, the lead agency must �
prepare an EIR. A lead agency must base its determination of �
significant effects on substantial evidence.
THIS BILL :
1)Expands SBX8 34's CESA mitigation provisions, currently �
limited to ARRA-eligible solar thermal and photovoltaic �
projects, to include ARRA-eligible wind and geothermal �
projects within the DRECP.
2)Expands SBX8 34's $75,000 permit application fee for DFG �
review of incidental take permits, currently limited to �
ARRA-eligible solar thermal and photovoltaic projects within �
the DRECP, to apply to any eligible renewable energy project �
in the state
3)Requires DFG, consistent with the NCCP Act and to the extent �
AB 13 X1
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practicable, to enter into one or more planning agreements �
with appropriate participants to develop an NCCP for renewable �
energy development in the San Joaquin Valley.
4)States that the EIR for a proposed renewable energy project is �
not required to analyze, or mitigate where feasible, an �
environmental effect if the effect is found not to be �
significant. This provision sunsets January 1, 2014.
5)Authorizes the applicant for a proposed renewable energy �
project to provide information regarding the environmental �
benefits of the project to the lead agency reviewing the �
project under CEQA. Authorizes the lead agency to consider �
this information when making findings regarding significant �
effects in approving the project. This provision sunsets �
January 1, 2014.
6)Expands SBX8 34's optional applicant fee, allowing the CEC to �
contract for third party review of the applicant's project, to �
apply to any eligible renewable energy project in the state. �
This fee is currently limited to ARRA-eligible solar thermal �
projects within the DRECP.
7)Requires the CEC to provide, upon appropriation by the �
Legislature, up to $7 million in grants to qualified counties �
in the San Joaquin Valley and desert regions to revise rules �
and policies, including general plans, zoning ordinances, and �
NCCPs, to facilitate renewable energy development on �
"disturbed lands," as defined.
8)Provide that this bill is contingent on enactment of an �
unspecified bill in the First Extraordinary Session.
FISCAL EFFECT : Unknown
COMMENTS :
1)Background. The DRECP, which covers renewable resource lands �
in the Colorado and Mojave deserts, is intended to serve as a �
NCCP for development of renewable energy projects in the �
region. As such, lands designated for development and lands �
designated for conservation purposes will be identified and �
dedicated to those purposes consistent with the terms of the �
NCCP Act and other applicable provisions of law.
AB 13 X1
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a) SB 8X 34 allowed solar energy developers to pay in-lieu �
fees that would be used by DFG to acquire and restore �
habitat lands for species affected by projects within the �
DRECP. This provision is an alternative to developers' �
mitigating the impacts of each of these projects on an �
individual, per project basis. This approach also allows �
DFG to coordinate the mitigation and to avoid piecemeal �
mitigation. DFG received a loan of $10 million for this �
purpose. SB8X 34 also required DFG to develop an interim �
mitigation strategy that would establish conservation �
benchmarks for the DRECP and to identify high priority �
lands that should be acquired. The bill required DFG to �
collect a fee of $75,000 for solar energy projects in the �
area included within the DRECP.
b) Projects eligible pursuant to SB 8X 34 were limited to �
solar power plants within the DRECP, receiving ARRA �
funding, and therefore required to be permitted and begin �
construction in 2010. These limitations focused the bill �
on about 15 projects that were pending review in the DRECP �
region that needed to have permits issued in 2010 in order �
to retain their ARRA funding and their federal tax credits.
c) This bill would expand the basic provisions of SB8X 34, �
in light of the federal extension of ARRA deadlines, to �
include wind and geothermal energy projects, which may �
enable additional renewable energy projects within the �
DRECP to take advantage of DFG's in-lieu mitigation �
program. The bill is also intended to facilitate �
development of a renewable energy NCCP for the San Joaquin �
Valley by directing DFG to work with local governments and �
developers, as well as directing the CEC to provide grants �
for local government participation. The bill would also �
expand fee provisions, which support DFG and CEC review of �
renewable energy projects, to apply to all eligible �
renewable energy projects developed to achieve the �
Renewables Portfolio Standard. Finally, the bill makes �
modest clarifications to CEQA to support efficient �
consideration of the environmental impacts of proposed �
renewable energy projects subject to review by local lead �
agencies.
2)Suggested amendments. The author and the committee may wish �
to consider clarifying amendments (to be adopted in �
AB 13 X1
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Appropriations) on the following points.
a) SB8X 34 required DRECP renewable energy projects to have �
applications complete by February 1, 2010. This bill �
should extend that date (on page 6, lines 2 and 7) for a �
year or more to permit additional projects to participate.
b) The bill should be amended (on page 8, line 12 and page �
10, lines 9, 28 and 39) to clarify the proper division of �
jurisdiction between the CEC (thermal power plants 50 �
megawatts or greater, including solar thermal and �
geothermal) and local government (non-thermal, including �
photovoltaic and wind, and all plants under 50 megawatts).
c) An exception to the $75,000 permit application fee may �
be appropriate for DFG review of incidental take permits �
under Section 2080.1 (which applies when a federal permit �
has been obtained for a federally-listed species that is �
also listed under CESA), if DFG's actual costs are less �
than $75,000.
d) The blanks on page 16 should be filled in to specify �
which bill this bill's enactment is contingent upon.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916) �
319-2092