BILL ANALYSIS �
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THIRD READING
Bill No: AB 1180
Author: Bradford (D)
Amended: 4/28/11 in Assembly
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 6/20/11
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal
NO VOTE RECORDED: Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 5/19/11 - See last page for vote
SUBJECT : Water: coastal powerplants
SOURCE : Author
DIGEST : This bill requires the State Water Resources
Control Board (SWRCB), at or by its first
regularly-scheduled meeting after January 1, 2012, to
advise the Los Angeles Department of Water and Power
(LADWP) as to whether the SWRCB's Statewide Water Quality
Control Policy on the Use of Coastal and Estuarine Waters
for Power Plant Cooling will be modified to allow LADWP
more time to achieve compliance.
ANALYSIS :
Existing law:
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1. Requires, in accordance with the Federal Clean Water Act
(CWA), that the location, design, construction, and
capacity of new and existing cooling water intake
structures on power plants reflect the best technology
available to minimize the harm or killing of fish,
shellfish and other aquatic organisms.
2. Designates the SWRCB as the statewide water quality
planning agency and authorizes the SWRCB to implement
provisions of the federal CWA, including provisions
related to best technology available requirements for
existing power plants employing once-through cooling.
Comments
Purpose of this bill . According to the author, "AB 1180
simply requires the state water board to consider and make
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."
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 percent 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.
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The Policy affects 19 coastal 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, State Advisory Committee on Cooling Water
Intake Structures (SACCWIS) was created to "ensure that
implementation plans and schedules established by the
Policy are realistic and will not cause disruption to the
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.
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 five to
six years earlier and would extend the compliance date of
six units four to 16 years (complete compliance by 2035).
This bill requires 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
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would amend the implementation dates to match the LADWP
proposed timeline. This hearing will meet the provisions
of this bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR : 74-0, 5/19/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Buchanan, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning,
Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V.
Manuel P�rez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
John A. P�rez
NO VOTE RECORDED: Alejo, Brownley, Butler, Gorell, Bonnie
Lowenthal, Yamada
DLW:kc 6/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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