BILL ANALYSIS �
SB 26
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Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 26 (Correa) - As Amended: June 17, 2014
Policy Committee: Local
GovernmentVote:9 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill makes changes to the Orange County Water District
(District) Act regarding the development of District property
located within city boundaries. Specifically, this bill:
a)Requires the District, in the development of its property
located within the boundaries of a city, to give notice of its
intent to the planning agency of that city at least 30 days in
advance of any action by the District's board to approve the
development.
b)Requires the District, for the location or construction of a
facility that is exempt from local zoning ordinances
(generally water-related and electrical energy facilities) to
hold at least one public meeting in city in which the proposed
project would be located.
c)Clarifies that the District must comply with current law
requiring local agencies, including the District, to comply
with applicable building and zoning ordinances of the city or
county in which their territory is located.
FISCAL EFFECT
Potentially reimbursable costs of approximately $7,000 (GF) each
time the District conducts a public meeting regarding a facility
that is exempt from local zoning ordinances. This includes costs
for notices, facilities, translations services and devices,
printed handout materials, staff and consultant time and other
miscellaneous costs. It is unknown how often, but anticipated
to be infrequent, that the District would be required to hold a
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public meeting under this bill.
COMMENTS
1)Purpose . According to the author, last year, the District
sought to develop property in the City of Anaheim in a way
that was inconsistent with the City's planning ordinances. The
District currently owns 20 acres of land near Ball Road and
the 57 Freeway, in an area called the Ball Road Basin. The
District entered into a long-term lease agreement with a
private power firm for the potential development of a 300-600
megawatt private power plant.
The author contends, despite significant opposition from the
surrounding community, business groups in the area, and state
and local leaders, the District moved forward to allow the
potential development. The City of Anaheim, sponsor of the
bill, believes SB 26 would ensure a transparent process for
District proposals and better allow surrounding communities to
have input on projects that will directly affect them.
2)Local Ordinances . Existing law generally requires local
agencies, including special districts, to comply with all
applicable building and zoning ordinances of the city or
county in which the territory of the local agency is located,
with two long-standing exceptions:
a) Building ordinances of a city or county do not apply to
the location or construction of facilities for the
production, generation, storage, treatment, or transmission
of water, wastewater, or electrical energy by a local
agency.
b) Zoning ordinances of a county or city do not apply to
the location or construction of facilities for the
production, generation, storage, treatment, or transmission
of water, or for the production or generation of electrical
energy, or facilities that are subject to Section 12808.5
of the Public Utilities Code, or electrical substations in
an electrical transmission system that receives electricity
at less than 100,000 volts. Local zoning ordinances do
apply if the zoning ordinances make provision for those
facilities.
1)Power Generation Facility Approval Process . Local districts do
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not have the authority to approve proposed power plants.
Potential projects are typically selected through a
competitive bidding process and then must obtain permits under
a public permitting process overseen by the California Energy
Commission (CEC) and, in this case, the South Coast Air
Quality Management District. Once a project moves into the
permitting process, the CEC conducts a comprehensive
environmental review of the project under the California
Environmental Quality Act (CEQA) before considering approval
of the project. Environmental review by the CEC involves
public hearings, site review, and noise, visual and mitigation
requirements. If certification is approved, a project may
proceed.
2)Ball Road Basin Property . At a December 9, 2013 special board
meeting of the Orange County Water District, the Board of
Directors voted six to four to approve an option to lease the
District's Ball Road Basin property in the city of Anaheim to
Orange County Energy Park LLC (OCEP), a subsidiary of
Competitive Power Ventures, Inc., to potentially build an
electric power generating station. The option agreement gave
OCEP an initial period to submit a bid for a proposed power
plant to Southern California Edison and apply for
certification with the California Energy Commission (CEC). The
project was not selected by Southern California Edison in
their latest call for projects (in January) and, thus, did not
proceed to the CEC process.
3)Orange County Water District . The District was formed in 1933
by the Legislature as a special act district to protect Orange
County's rights to water in the Santa Ana River. The
District's primary responsibility is managing the groundwater
basin under northern and central Orange County that supplies
water to more than 20 cities and water agencies, serving 2.4
million Orange County residents. The District's Board is
comprised of ten members including a member of the Anaheim
City Council appointed by the Council to serve on the District
Board.
Analysis Prepared by : Jennifer Swenson / APPR. / (916)
319-2081
SB 26
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