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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