BILL NUMBER: AB 1255 CHAPTERED
BILL TEXT
CHAPTER 601
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2012
APPROVED BY GOVERNOR SEPTEMBER 27, 2012
PASSED THE SENATE AUGUST 31, 2012
PASSED THE ASSEMBLY AUGUST 31, 2012
AMENDED IN SENATE AUGUST 31, 2012
AMENDED IN SENATE AUGUST 23, 2012
AMENDED IN ASSEMBLY APRIL 26, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Members V. Manuel Pérez and Achadjian
FEBRUARY 18, 2011
An act to amend Section 25619 of the Public Resources Code,
relating to energy, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1255, V. Manuel Pérez. Energy: renewable energy resources.
Existing law, the Warren-Alquist State Energy Resources
Conservation and Development Act establishes the State Energy
Resources Conservation and Development Commission (Energy Commission)
and requires the Energy Commission to provide $7,000,000 in grants
to qualified counties, as defined, for the development or revision of
rules and policies, including, but not limited to, general plan
elements, zoning ordinances, and a natural community conservation
plan as a plan participant, to facilitate the development of eligible
renewable energy resources, and their associated electric
transmission facilities, and the processing of permits for eligible
renewable energy resources. For a county in the Desert Renewable
Energy Conservation Plan planning area, existing law prohibits the
commission from awarding a grant to such a county if it is not a
"plan participant," as defined, in the Desert Renewable Energy
Conservation Plan.
This bill would authorize the commission to award a grant to such
a county if the county enters into a specified memorandum of
understanding with the commission in which the county agrees to
participate in the development of the natural community conservation
plan. The bill would additionally include the County of San Luis
Obispo as a qualified county to receive the above grants.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25619 of the Public Resources Code is amended
to read:
25619. (a) For purposes of this section, "qualified counties"
means the Counties of Fresno, Imperial, Inyo, Kern, Kings, Los
Angeles, Madera, Merced, Riverside, San Bernardino, San Diego, San
Joaquin, San Luis Obispo, Stanislaus, and Tulare.
(b) The commission shall provide up to seven million dollars
($7,000,000) in grants to qualified counties for the development or
revision of rules and policies, including, but not limited to,
general plan elements, zoning ordinances, and a natural community
conservation plan as a plan participant, that facilitate the
development of eligible renewable energy resources, and their
associated electric transmission facilities, and the processing of
permits for eligible renewable energy resources. The commission may
allocate not more than 1 percent of appropriated funds to provide
training to county planning staff to facilitate the siting and
permitting of eligible renewable energy resources. A general plan
element or zoning ordinance that is adopted or revised pursuant to
this section shall be completed within two years of receipt of the
grant and shall be consistent with the conservation strategies of any
natural community conservation plan if one has been approved, or is
under development, pursuant to the Natural Community Conservation
Planning Act (Chapter 10 (commencing with Section 2800) of Division 3
of the Fish and Game Code). For counties within the Desert Renewable
Energy Conservation Plan planning area, the commission may award a
grant to a county only if the county meets one of the following
conditions:
(1) The county is a "plan participant," as defined by paragraph
(1) of subdivision (j) of Section 2805 of the Fish and Game Code, in
the Desert Renewable Energy Conservation Plan.
(2) The county enters into a memorandum of understanding with the
commission in which the county agrees to participate in the
development of a natural community conservation plan for the purpose
of ensuring that the natural community conservation plan can achieve
the goals set forth in the planning agreement entered into pursuant
to Section 2810 of the Fish and Game Code, that is dated May 2010,
for the preparation of a natural community conservation plan, in a
manner that is consistent with the applicable policies of the county.
(c) In its initial round of grant funding, the commission shall
establish a preference for a grant to a qualified county in an amount
that is adequate to develop a renewable energy element in its
general plan that will facilitate the development and siting of
eligible renewable energy resources that utilize multiple renewable
energy technologies. The commission shall also establish a preference
for a grant for those counties that have experience in geothermal
energy development and have adopted a geothermal element, as defined
in Section 25133, to its general plan.
(d) The commission shall only implement this section upon
receiving a specific appropriation for the purposes of this section
by the Legislature from the Renewable Resources Trust Fund or other
funds from the Energy Resources Program Account.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure, as soon as possible, that local government
site renewable energy projects are located in areas that are least
damaging to the environment, it is necessary that this act take
effect immediately.