California Legislature—2013–14 Regular Session

Assembly BillNo. 1818


Introduced by Assembly Member Allen

February 18, 2014


An act to amend Section 8350 of the Public Utilities Code, relating to public utilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1818, as introduced, Allen. Public utilities: electrical generation facilities: air pollution.

Existing law prohibits a load-serving entity, including an electrical corporation, and local publicly owned electric utility from entering into, and the Public Utilities Commission from approving, a long-term financial commitment with or for a new electrical generation facility that does not meet specified requirements.

This bill would make technical, nonsubstantive changes to the above provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 8350 of the Public Utilities Code is
2amended to read:

3

8350.  

(a) For purposes of this section, the following terms
4have the following meanings:

5(1) “Load-serving entity” has the same meaning as that term is
6defined in Section 8340.

P2    1(2) “Long-term financial commitment” has the same meaning
2as that term is defined in Section 8340.

3(3) “New electrical generating facility” means an electrical
4generating unit for which all legally required permits have been
5received after January 1, 2011. If an electrical generating unit is
6added to an existing powerplant after January 1, 2011, only the
7incremental capacity from that unit added after January 1, 2011,
8is a new electrical generating facility.

9(4) “Shared pollution area” means anbegin delete airshedend deletebegin insert air basinend insert
10 encompassing a portion ofbegin delete Californiaend deletebegin insert the stateend insert and a portion of an
11adjacent state or country, as determined by the United States
12Environmental Protection Agency.

13(b) A load-serving entity or local publicly owned electric utility
14shall not enter into, and the commission shall not approve for an
15electrical corporation, a long-term financial commitment with or
16for a new electrical generating facility constructed inbegin delete Californiaend delete
17begin insert the stateend insert or in a shared pollution area if that facility does not meet
18the following requirements:

19(1) If the new electrical generating facility is inbegin delete California,end deletebegin insert the
20state,end insert
the facility meets best available control technology (BACT)
21standards, to control air pollution emissions from the operation of
22the facility, and complies with air pollution control district or air
23quality management district rules and regulations, and state and
24federal law.

25(2) If the new electrical generating facility is outside of
26begin delete Californiaend deletebegin insert the stateend insert in a shared pollution area, the facility meets
27best available control technology (BACT) standards, to control air
28pollution emissions from the operation of the facility, that apply
29in the air basin inbegin delete Californiaend deletebegin insert the stateend insert adjacent to the facility.



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