BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 644
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          ASSEMBLY THIRD READING
          AB 644 (Blumenfield)
          As Amended  May 10, 2011
          Majority vote 

           NATURAL RESOURCES   6-3         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Chesbro, Brownley,        |Ayes:|Fuentes, Blumenfield,     |
          |     |Dickinson, Huffman,       |     |Bradford, Charles         |
          |     |Monning, Skinner          |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Knight, Grove, Halderman  |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Smyth, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires the California Energy Commission (CEC) to:  
          1) establish criteria for identifying closed disposal sites, 
          brownfields, and degraded agricultural lands that have high 
          potential for use as sites for renewable generation facilities; 
          and, 2) prepare a list of lands that meet these criteria.  
          Specifically,  this bill  :

          1)Requires CEC in consultation with the Department of Resources 
            Recycling and Recovery (DRRR), Department of Toxic Substances 
            Control (DTSC), and the Department of Conservation (DOC) to:  
            a) establish criteria for identifying closed disposal sites, 
            brownfields, and degraded agricultural lands that have high 
            potential for use as sites for renewable generation facilities 
            with a generation capacity of less than 50 megawatts (MWs) of 
            electricity; and, b) prepare a list of lands that meet these 
            criteria.  

          2)Requires CEC, DRRR, DTSC, and DOC to make best efforts to work 
            with the U.S. Environmental Protection Agency (EPA) to avoid 
            duplicative work as EPA implements the RE-Powering America's 
            Land:  Siting Renewable Energy on Potentially Contaminated 
            Land and Mine Site initiative.

           EXISTING LAW  :









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          1)Grants CEC exclusive authority to license thermal power plants 
            with a generating capacity of 50 MWs or more.  Grants local 
            governments the authority to issue construction permits for 
            the operation of power plants of less than 50 MWs generating 
            capacity.

          2)Establishes, pursuant to DRRR's regulations, performance 
            standards and minimum substantive requirements for proper 
            closure, postclosure maintenance, and ultimate reuse of 
            disposal sites in the state.

          3)Establishes programs under DTSC to facilitate remediation of 
            brownfields in the state.

          4)Establishes programs under DOC to protect and preserve 
            agricultural land in the state.

           


          FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee:

          1)Minor, absorbable costs CEC to establish criteria and identify 
            lands.  (Energy Resources Program Account.)

          2)Minor, absorbable costs to other state agencies named in the 
            bill, though costs to these agencies could be more 
            substantial, possibly in the hundreds of thousands of dollars 
            to each agency depending upon how "best efforts" is 
            interpreted in carrying out the bill.  (Various special 
            funds.)

           COMMENTS  :  According to the author, "closed landfills and 
          brownfields generally have few reuses and present a unique 
          opportunity for siting renewable energy...The sites often are 
          located close to roads and transmission lines.  While each site 
          is different, developing state policy that promotes reusing the 
          land for distributive renewable power generation, including 
          solar and wind, could help the state advance California's Global 
          Warming Solutions Act."

          This bill seeks to facilitate the siting of renewable energy 
          projects on closed disposal sites, brownfields, and degraded 








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          agricultural lands located in the state.

           Federal program  .  EPA has launched the RE-Powering America's 
          Land:  Siting Renewable Energy on Potentially Contaminated Land 
          and Mine Sites initiative to encourage the siting of renewable 
          energy facilities on thousands of currently and formerly 
          contaminated properties and abandoned mines across the country.  
          EPA tracks approximately 490,000 sites and 15 million acres of 
          potentially contaminated properties and abandoned mines.  EPA 
          claims that these lands are environmentally and economically 
          beneficial for siting renewable energy facilities because they:  
          1) offer thousands of acres of land with few site owners; 2) 
          often have critical infrastructure in place including electric 
          transmission lines, roads and water on-site, and are adequately 
          zoned for such development; 3) provide an economically viable 
          reuse for sites with significant cleanup costs or low real 
          estate development demand; 4) take the stress off undeveloped 
          lands for construction of new energy facilities, preserving the 
          land carbon sink; and, 5) provide job opportunities in urban and 
          rural communities.  
           
          EPA has documented several success stories with the Re-Powering 
          America's Land initiative.  One project in Contra Costa County 
          involves a one MW photovoltaic system.  Four other projects in 
          the state include renewable energy systems that are focused on 
          powering the remediation efforts.  The largest project posted on 
          the program's Web site is in Wyoming and involves a 16.5 MW wind 
          energy facility.  


          Analysis Prepared by  :    Mario DeBernardo / NAT. RES. / (916) 
          319-2092 


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