BILL ANALYSIS                                                                                                                                                                                                    �



                                                               AB 1180
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2011-2012 Regular Session
                                           
           BILL NO:    AB 1180
           AUTHOR:     Bradford
           AMENDED:    April 28, 2011
           FISCAL:     Yes               HEARING DATE:     June 20, 2011
           URGENCY:    No                CONSULTANT:       Peter Cowan
            
           SUBJECT  :    WATER: COASTAL POWERPLANTS

            SUMMARY  :    
           
            Existing law  : 

           1) Requires that the location, design, construction, and 
              capacity of cooling water intake structures reflect the 
              best technology available (BTA) for minimizing adverse 
              environmental impact. (federal Clean Water Act �316(b)). 


           2) Designates the State Water Resources Control Board (SWRCB) 
              as the statewide water quality planning agency for the 
              purposes of the federal Clean Water Act. (Water Code 
              �13370).

            This bill  : 

            1) Requires SWRCB, at or by its first regularly scheduled 
              meeting after January 1, 2012, to consider recommendations 
              made by the State Advisory Committee on Cooling Water 
              Intake Structures (SACCWIS) and an implementation plan 
              submitted by a municipally owned power plant in compliance 
              with SWRCB's Statewide Water Quality Control Policy on the 
              Use of Coastal and Estuarine Waters for Power Plant Cooling 
              (Policy).


            COMMENTS  :

            1) Purpose of Bill  .  According to the author "AB 1180 simply 
              requires the state water board to consider and make 









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              changes, if appropriate, to their once through cooling 
              policy at their next scheduled public hearing after January 
              1, 2012.  By establishing a firm timeline for action, the 
              bill provides affected utilities with a definite process to 
              discuss their concerns with the board and receive clear 
              direction on any changes that will be made to the policy 
              within a timeframe established by statute."


            2) Statewide Water Quality Control Policy on the Use of 
              Coastal and Estuarine Waters for Power Plant Cooling 
              (Policy)  .  On May 4, 2010, SWRCB adopted the Policy to 
              reduce the impact of power plant cooling on marine and 
              estuary environments.  In development for over five years 
              and incorporating several workshops and public meetings, 
              the Policy was approved by the Office of Administrative Law 
              and became final October 1, 2010.  


               To comply with the Policy existing power plants must 
              implement one of two tracks: Track 1) a reduction in water 
              intake equivalent to what can be attained using 
              closed-cycle wet cooling systems, resulting in at least a 
              93% reduction in water intake; or Track 2) if Track 1 is 
              not feasible, a reduction in aquatic life impacts 
              comparable to Track 1 as determined by various biological 
              indicators.


              The Policy affects 19 costal power plants, including two 
              nuclear power plants, that have the combined ability to 
              draw 15 billion gallons of sea water per day.  The first 
              plant came into compliance in 2010 and the current version 
              of the Policy requires all natural gas power plants to 
              comply by the end of 2020.  Nuclear power plants must 
              comply by the end of 2024.  Power plant owners and 
              operators were required to submit an implementation plan 
              and schedule by April 1, 2011.


              Under the Policy, SACCWIS was created to "ensure that 
              implementation plans and schedules established by the 
              Policy are realistic and will not cause disruption to the 









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              State's electrical power supply."  The SACCWIS includes 
              representatives from the California Energy Commission, 
              California Public Utilities Commission, California Coastal 
              Commission, California State Lands Commission, California 
              Air Resources Board, California Independent System 
              Operator, and SWRCB. One task of SACCWIS is to review 
              implementation plans and schedules to ensure that the 
              deadlines in the Policy account for local area and grid 
              reliability, including permitting constraints.  SACCWIS 
              must report to SWRCB with recommendations no later than 
              October 1, 2011.  SWRCB may then direct staff to amend the 
              Policy, if needed.  SACCWIS will continue to meet and 
              provide annual reports to SWRCB until the Policy has been 
              fully implemented.



            3) Los Angeles Department of Water and Power (LADWP) 
              implementation  .  On April 1, 2011, LADWP submitted its 
              implementation plan to the SACCWIS.  In that 
              implementation, LADWP requested to be allowed to replace 
              its once through cooling units on an extended timeline 
              based on a unit-by-unit rather than a facility basis with 
              the final unit coming off-line in 2035.  This timeline 
              would move the compliance date of three units to 5-6 years 
              earlier and would extend the compliance date of six units 
              4-16 years (complete compliance by 2035).  

               AB 1180 would require that SWRCB consider the LADWP 
              requested compliance timeline with input from SACCWIS at 
              the first SWRCB meeting of 2012.  On May 17, 2011, SWRCB 
              issued notice that it will hold a public hearing on July 
              19, 2011, to receive public comment on amendments to the 
              Policy that would amend the implementation dates to match 
              the LADWP proposed timeline.  This hearing would meet the 
              provisions of AB 1180.

               
           SOURCE  :        Assemblymember Bradford  

           SUPPORT  :       None on file  

           OPPOSITION  :    None on file  









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