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(continued) such lands and that there will
be no substantial adverse environmental effects and the approval of
any public agency having ownership or control of such lands is
obtained:
(a) State, regional, county and city parks; wilderness, scenic or
natural reserves; areas for wildlife protection, recreation, historic
preservation; or natural preservation areas in existence on the
effective date of this division.
(b) Estuaries in an essentially natural and undeveloped state.
In considering applications for certification, the commission
shall give the greatest consideration to the need for protecting
areas of critical environmental concern, including, but not limited
to, unique and irreplaceable scientific, scenic, and educational
wildlife habitats; unique historical, archaelogical, and cultural
sites; lands of hazardous concern; and areas under consideration by
the state or the United States for wilderness, or wildlife and game
reserves.
25528. (a) The commission shall require, as a condition of
certification of any site and related facility, that the applicant
acquire, by grant or contract, the right to prohibit development of
privately owned lands in the area of the proposed site which will
result in population densities in excess of the maximum population
densities which the commission determines, as to the factors
considered by the commission pursuant to Section 25511, are necessary
to protect public health and safety.
If the applicant is authorized to exercise the right of eminent
domain under Article 7 (commencing with Section 610) of Chapter 3 of
Part 1 of Division 1 of the Public Utilities Code, the applicant may
exercise the right of eminent domain to acquire such development
rights as the commission requires be acquired.
(b) In the case of an application for a nuclear facility, the area
and population density necessary to insure the public's health and
safety designated by the commission shall be that as determined from
time to time by the United States Nuclear Regulatory Commission, if
the commission finds that such determination is sufficiently
definitive for valid land use planning requirements.
(c) The commission shall waive the requirements of the acquisition
of development rights by an applicant to the extent that the
commission finds that existing governmental land use restrictions are
of a type necessary and sufficient to guarantee the maintenance of
population levels and land use development over the lifetime of the
facility which will insure the public health and safety requirements
set pursuant to this section.
(d) No change in governmental land use restrictions in such areas
designated in subdivision (c) of this section by any government
agency shall be effective until approved by the commission. Such
approval shall certify that the change in land use restrictions is
not in conflict with requirements provided for by this section.
(e) It is not the intent of the Legislature by the enactment of
this section to take private property for public use without payment
of just compensation in violation of the United States Constitution
or the Constitution of California.
25529. When a facility is proposed to be located in the coastal
zone or any other area with recreational, scenic, or historic value,
the commission shall require, as a condition of certification of any
facility contained in the application, that an area be established
for public use, as determined by the commission. Lands within such
area shall be acquired and maintained by the applicant and shall be
available for public access and use, subject to restrictions required
for security and public safety. The applicant may dedicate such
public use zone to any local agency agreeing to operate or maintain
it for the benefit of the public. If no local agency agrees to
operate or maintain the public use zone for the benefit of the
public, the applicant may dedicate such zone to the state. The
commission shall also require that any facility to be located along
the coast or shoreline of any major body of water be set back from
the shoreline to permit reasonable public use and to protect scenic
and aesthetic values.
25530. The commission may order a reconsideration of all or part of
a decision or order on its own motion or on petition of any party.
Any such petition shall be filed within 30 days after adoption by
the commission of a decision or order. The commission shall not
order a reconsideration on its own motion more than 30 days after it
has adopted a decison or order. The commission shall order or deny
reconsideration on a petition therefor within 30 days after the
petition is filed.
A decision or order may be reconsidered by the commission on the
basis of all pertinent portions of the record together with such
argument as the commission may permit, or the commission may hold a
further hearing, after notice to all interested persons. A decision
or order of the commission on reconsideration shall have the same
force and effect as an original order or decision.
25531. (a) The decisions of the commission on any application for
certification of a site and related facility are subject to judicial
review by the Supreme Court of California.
(b) No new or additional evidence may be introduced upon review
and the cause shall be heard on the record of the commission as
certified to by it. The review shall not be extended further than to
determine whether the commission has regularly pursued its
authority, including a determination of whether the order or decision
under review violates any right of the petitioner under the United
States Constitution or the California Constitution. The findings and
conclusions of the commission on questions of fact are final and are
not subject to review, except as provided in this article. These
questions of fact shall include ultimate facts and the findings and
conclusions of the commission. A report prepared by, or an approval
of, the commission pursuant to Section 25510, 25514, 25516, or
25516.5, or subdivision (b) of Section 25520.5, shall not constitute
a decision of the commission subject to judicial review.
(c) Subject to the right of judicial review of decisions of the
commission, no court in this state has jurisdiction to hear or
determine any case or controversy concerning any matter which was, or
could have been, determined in a proceeding before the commission,
or to stop or delay the construction or operation of any thermal
powerplant except to enforce compliance with the provisions of a
decision of the commission.
(d) Notwithstanding Section 1250.370 of the Code of Civil
Procedure:
(1) If the commission requires, pursuant to subdivision (a) of
Section 25528, as a condition of certification of any site and
related facility, that the applicant acquire development rights, that
requirement conclusively establishes the matters referred to in
Sections 1240.030 and 1240.220 of the Code of Civil Procedure in any
eminent domain proceeding brought by the applicant to acquire the
development rights.
(2) If the commission certifies any site and related facility,
that certification conclusively establishes the matters referred to
in Sections 1240.030 and 1240.220 of the Code of Civil Procedure in
any eminent domain proceeding brought to acquire the site and related
facility.
(e) No decision of the commission pursuant to Section 25516,
25522, or 25523 shall be found to mandate a specific supply plan for
any utility as prohibited by Section 25323.
25532. The commission shall establish a monitoring system to assure
that any facility certified under this division is constructed and
is operating in compliance with air and water quality, public health
and safety, and other applicable regulations, guidelines, and
conditions adopted or established by the commission or specified in
the written decision on the application. In designing and operating
the monitoring system, the commission shall seek the cooperation and
assistance of the State Air Resources Board, the State Water
Resources Control Board, the Department of Health, and other state,
regional, and local agencies which have an interest in environmental
control.
25534. (a) The commission may, after one or more hearings, amend
the conditions of, or revoke the certification for, any facility for
any of the following reasons:
(1) Any material false statement set forth in the application,
presented in proceedings of the commission, or included in
supplemental documentation provided by the applicant.
(2) Any significant failure to comply with the terms or conditions
of approval of the application, as specified by the commission in
its written decision.
(3) A violation of this division or any regulation or order issued
by the commission under this division.
(4) The owner of a project does not start construction of the
project within 12 months after the date all permits necessary for the
project become final and all administrative and judicial appeals
have been resolved provided the California Consumer Power and
Conservation Financing Authority notifies the commission that it is
willing and able to construct the project pursuant to subdivision
(g). The project owner may extend the 12-month period by 24
additional months pursuant to subdivision (f). This paragraph
applies only to projects with a project permit application deemed
complete by the commission after January 1, 2003.
(b) The commission may also administratively impose a civil
penalty for a violation of paragraph (1) or (2) of subdivision (a).
Any civil penalty shall be imposed in accordance with Section 25534.1
and may not exceed seventy-five thousand dollars ($75,000) per
violation, except that the civil penalty may be increased by an
amount not to exceed one thousand five hundred dollars ($1,500) per
day for each day in which the violation occurs or persists, but the
total of the per day penalties may not exceed fifty thousand dollars
($50,000).
(c) A project owner shall commence construction of a project
subject to the start-of-construction deadline provided by paragraph
(4) of subdivision (a) within 12 months after the project has been
certified by the commission and after all accompanying project
permits are final and administrative and judicial appeals have been
completed. The project owner shall submit construction and
commercial operation milestones to the commission within 30 days
after project certification. Construction milestones shall require
the start of construction within the 12-month period established by
this subdivision. The commission shall approve milestones within 60
days after project certification. If the 30-day deadline to submit
construction milestones to the commission is not met, the commission
shall establish milestones for the project.
(d) The failure of the owner of a project subject to the
start-of-construction deadline provided by paragraph (4) of
subdivision (a) to meet construction or commercial operation
milestones, without a finding by the commission of good cause, shall
be cause for revocation of certification or the imposition of other
penalties by the commission.
(e) A finding by the commission that there is good cause for
failure to meet the start-of-construction deadline required by
paragraph (4) of subdivision (a) or any subsequent milestones of
subdivision (c) shall be made if the commission determines that any
of the following criteria are met:
(1) The change in any deadline or milestone does not change the
established deadline or milestone for the start of commercial
operation.
(2) The deadline or milestone is changed due to circumstances
beyond the project owner's control, including, but not limited to,
administrative and legal appeals.
(3) The deadline or milestone will be missed but the project owner
demonstrates a good faith effort to meet the project deadline or
milestone.
(4) The deadline or milestone will be missed due to unforeseen
natural disasters or acts of God that prevent timely completion of
the project deadline or milestone.
(5) The deadline or milestone will be missed for any other reason
determined reasonable by the commission.
(f) The commission shall extend the start-of-construction deadline
required by paragraph (4) of subdivision (a) by an additional 24
months, if the owner reimburses the commission's actual cost of
licensing the project, less the amount paid pursuant to subdivision
(a) of Section 25806. For the purposes of this section, the
commission's actual cost of licensing the project shall be based on a
certified audit report filed by the commission staff within 180 days
of the commission's certification of the project. The certified
audit shall be filed and served on all parties to the proceeding, is
subject to public review and comment, and is subject to at least one
public hearing if requested by the project owner. Any reimbursement
received by the commission pursuant to this subdivision shall be
deposited in the General Fund.
(g) If the owner of a project subject to the start-of-construction
deadline provided by paragraph (4) of subdivision (a) fails to
commence construction, without good cause, within 12 months after the
project has been certified by the commission and has not received an
extension pursuant to subdivision (f), the commission shall provide
immediate notice to the California Consumer Power and Conservation
Financing Authority. The authority shall evaluate whether to pursue
the project independently or in conjunction with any other public or
private entity, including the original certificate holder. If the
authority demonstrates to the commission that it is willing and able
to construct the project either independently or in conjunction with
any other public or private entity, including the original
certificate holder, the commission may revoke the original
certification and issue a new certification for the project to the
authority, unless the authority's statutory authorization to finance
or approve new programs, enterprises, or projects has expired. If
the authority declines to pursue the project, the permit shall remain
with the current project owner until it expires pursuant to the
regulations adopted by the commission.
(h) If the commission issues a new certification for a project
subject to the start-of-construction deadline provided by paragraph
(4) of subdivision (a) to the authority, the commission shall adopt
new milestones for the project that allow the authority up to 24
months to start construction of the project or to start to meet the
applicable deadlines or milestones. If the authority fails to begin
construction in conformity with the deadlines or milestones adopted
by the commission, without good cause, the certification may be
revoked.
(i) (1) If the commission issues a new certification for a project
subject to the start-of-construction deadline provided by paragraph
(4) of subdivision (a) to the authority and the authority pursues the
project without participation of the original certificate holder,
the authority shall offer to reimburse the original certificate
holder for the actual costs the original certificate holder incurred
in permitting the project and in procuring assets associated with the
license, including, but not limited to, major equipment and the
emission offsets. In order to receive reimbursement, the original
certificate holder shall provide to the commission documentation of
the actual costs incurred in permitting the project. The commission
shall validate those costs. The certificate holder may refuse to
accept the offer of reimbursement for any asset associated with the
license and retain the asset. To the extent the certificate holder
chooses to accept the offer for an asset, it shall provide the
authority with the asset.
(2) If the authority reimburses the original certificate holder
for the costs described in paragraph (1), the original certificate
holder shall provide the authority with all of the assets for which
the original certificate holder received reimbursement.
(j) This section does not prevent a certificate holder from
selling its license to construct and operate a project prior to its
revocation by the commission. In the event of a sale to an entity
that is not an affiliate of the certificate holder, the commission
shall adopt new deadlines or milestones for the project that allow
the new certificate holder up to 12 months to start construction of
the project or to start to meet the applicable deadlines or
milestones.
(k) Paragraph (4) of subdivision (a) and subdivisions (c) to (j),
inclusive, do not apply to licenses issued for the modernization,
repowering, replacement, or refurbishment of existing facilities or
to a qualifying small power production facility or a qualifying
cogeneration facility within the meaning of Sections 201 and 210 of
Title II of the federal Public Utility Regulatory Policies Act of
1978 (16 U.S.C. Secs. 796(17), 796(18), and 824a-3), and the
regulations adopted pursuant to those sections by the Federal Energy
Regulatory Commission (18 C.F.R. Parts 292.101 to 292.602,
inclusive), nor shall those provisions apply to any other generation
units installed, operated, and maintained at a customer site
exclusively to serve that facility's load. For the purposes of this
subdivision, "replacement" of an existing facility includes, but is
not limited to, a comparable project at a location different than the
facility being replaced, provided that the commission certifies that
the new project will result in the decommissioning of the existing
facility.
(l) Paragraph (4) of subdivision (a) and subdivisions (c) to (j),
inclusive, do not apply to licenses issued to "local publicly owned
electric utilities" as defined in subdivision (d) of Section 9604 of
the Public Utilities Code whose governing bodies certify to the
commission that the project is needed to meet the projected native
load of the local publicly owned utility.
(m) To implement this section, the commission and the California
Consumer Power and Conservation Financing Authority may, in
consultation with each other, adopt emergency regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code. For purposes of
that chapter, including, without limitation, Section 11349.6 of the
Government Code, the adoption of the regulations shall be considered
by the Office of Administrative Law to be necessary for the immediate
preservation of the public peace, health and safety, or general
welfare.
25534.1. (a) The executive director of the commission may issue a
complaint to any person or entity on whom an administrative civil
penalty may be imposed pursuant to Section 25534. The complaint
shall allege the act or failure to act for which the civil penalty is
proposed, the provision of law authorizing civil liability, and the
proposed civil penalty.
(b) The complaint shall be served by personal notice or certified
mail, and shall inform the party so served that a hearing will be
conducted within 60 days after the party has been served. The
hearing shall be before the commission. The complainant may waive
the right to a hearing, in which case the commission shall not
conduct a hearing.
(c) After any hearing, the commission may adopt, with or without
revision, the proposed decision and order of the executive director.
(d) Orders setting an administrative civil penalty shall become
effective and final upon issuance thereof, and any payment shall be
made within 30 days. Copies of these orders shall be served by
personal service or by registered mail upon the party served with the
complaint and upon other persons who appeared at the hearing and
requested a copy.
(e) In determining the amount of the administrative civil penalty,
the commission shall take into consideration the nature,
circumstance, extent, and gravity of the violation or violations,
whether the violation is susceptible to removal or resolution, the
cost to the state in pursuing the enforcement action, and with
respect to the violator, the ability to pay, the effect on ability to
continue in business, any voluntary removal or resolution efforts
undertaken, any prior history of violations, the degree of
culpability, economic savings, if any, resulting from the violation,
and such other matters as justice may require.
25534.2. (a) Within 30 days after service of an order issued under
Section 25534.1, any aggrieved party may file with the superior court
a petition for writ of mandate for review thereof pursuant to
Section 1094.5 of the Code of Civil Procedure. If no aggrieved party
petition for a writ of mandate is filed within the time provided by
this section, an order of the commission is not subject to review by
any court or agency, except that the commission may grant review on
its own motion of an order issued under Section 25534.1 after the
expiration of the time limits set by this section.
(b) Upon request of the commission, the Attorney General shall
institute an action in the appropriate superior court to collect and
recover any administrative civil penalties imposed pursuant to
Section 25534.1. The court shall accord priority on its calendar to
any action under this subdivision.
(c) Any moneys recovered by the commission pursuant to this
section shall be deposited in the General Fund.
25535. Such reasonable and direct costs as the applicant incurs to
comply with the provisions of this chapter shall be allowed for
ratemaking purposes.
25537. Upon approval of an application, the commission shall
forward to the United States Nuclear Regulatory Commission, the
Environmental Protection Agency, and to other appropriate federal
agencies, the results of its studies including the environmental
impact report on the facility, the written decision on the facility
contained in the application, and the commission's determination of
facility safety and reliability as provided in Section 25511.
25538. Upon receiving the commission's request for review under
subdivision (f) of Section 25519 and Section 25506, the local agency
may request a fee from the commission to reimburse the local agency
for the actual and added costs of this review by the local agency.
The commission shall reimburse the local agency for the added costs
that shall be actually incurred by the local agency in complying with
the commission's request. The local agency may also request
reimbursement for permit fees that the local agency would receive but
for the operation of Section 25500, provided, however, that such
fees may only be requested in accordance with actual services
performed by the local agency. The commission shall either request a
fee from the person proposing the project or devote a special fund
in its budget, for the reimbursement of such costs incurred by local
agencies.
25539. In reviewing notices and applications for certification of
modifications of existing facilities, the commission shall adopt
rules and regulations as necessary to insure that relevant duties
pursuant to this division are carried out.
25540. If a person proposes to construct a geothermal powerplant
and related facility or facilities on a site, the commission shall
not require three alternative sites and related facilities to be
proposed in the notice. Except as otherwise provided, the commission
shall issue its findings on the notice, as specified in Section
25514, within nine months from the date of filing of such notice, and
shall issue its final decision on the application, as specified in
Section 25523, within nine months from the date of the filing of the
application for certification, or at such later time as is mutually
agreed to by the commission and the applicant or person submitting
the notice or application.
25540.1. The commission shall determine, within 30 days after the
receipt of a notice or application for a geothermal powerplant,
whether the notice or application is complete. If the notice or
application is determined not to be complete, the commission's
determination shall specify, in writing, those parts of the notice or
application which are incomplete and shall indicate the manner in
which it can be made complete. Within 30 days after receipt of the
applicant's filing with the commission the additional information
requested by the commission to make the notice or application
complete, the commission shall determine whether the subsequent
filing is sufficient to complete the notice or application. A notice
or application shall be deemed filed for purposes of Section 25540
on the date the commission determines the notice or application is
completed if the commission has adopted regulations specifying the
informational requirements for a complete notice or application, but
if the commission has not adopted regulations, the notice or
application shall be deemed filed on the last date the commission
receives any additional data that completes the notice or
application.
25540.2. Notwithstanding any other provision of law:
(a) If an applicant proposes to construct a geothermal powerplant
at a site which, at the outset of the proceeding, the applicant can
reasonably demonstrate to be capable of providing geothermal
resources in commercial quantities, no notice of intention pursuant
to Section 25502 shall be required, and the commission shall issue
the final decision on the application, as specified in Section 25523,
within 12 months after acceptance of the application for
certification of a geothermal powerplant and related facilities, or
at such later time as is mutually agreed by the commission and the
applicant.
(b) Upon receipt of an application for certification of a
geothermal powerplant and related facilities, the commission shall
transmit a copy of the application to every state and local agency
having jurisdiction over land use in the area involved.
25540.3. (a) An applicant for a geothermal powerplant may propose a
site to be approved that will accommodate a potential maximum
electric generating capacity in excess of the capacity being proposed
for initial construction. In addition to the information concerning
the initial powerplant and related facilities proposed for
construction required pursuant to Section 25520, such application
shall include all of the following, to the extent known:
(1) The number, type, and energy source of electric generating
units which the site is proposed ultimately to accommodate and the
maximum generating capacity for each unit.
(2) The projected installation schedule for each unit.
(3) The impact of the site, when fully developed, on the
environment and public health and safety.
(4) The amount and sources of cooling water needed at the fully
developed site.
(5) The general location and design of auxiliary facilities
planned for each stage of development, including, but not limited to
pipelines, transmission lines, waste storage and disposal facilites,
switchyards, and cooling ponds, lakes, or towers.
(6) Such other information relating to the design, operation, and
siting of the facility as the commission may by regulation require.
(b) If an application is filed pursuant to subdivision (a) which
proposes a site to be approved which will accommodate a potential
maximum electric generating capacity in excess of the capacity being
proposed for initial construction, the commission may, in its
decision pursuant to subdivision (a) of Section 25540.3, either
certify only the initial facility or facilities proposed for initial
construction or may certify the initial facility or facilities and
find the site acceptable for additional generating capacity of the
type tentatively proposed. The maximum allowable amount and type of
such additional capacity shall be determined by the commission.
If the decision includes a finding that a particular site is
suitable to accommodate a particular additional generating capacity,
the site shall be designated a potential multiple facility site. The
commission may, in determining the acceptability of a potential
multiple facility site, specify conditions or criteria necessary to
ensure that future additional facilities will not exceed the
limitations of the site.
25540.4. Notwithstanding any other provision of law:
(a) The decision of the commission on an application for an
additional facility at a potential multiple facility site shall be
issued within three months after the acceptance of the application or
at such later time as is mutually agreed upon by the commission and
the applicant.
(b) In reviewing an application for an additional facility at a
potential multiple facility site, the commission may, upon a showing
of good cause, undertake a reconsideration of its prior
determinations in the final report for the site pursuant to Section
25514 or its decision pursuant to Section 25523 based on current
conditions and other reasonable alternatives to the proposed
facility. Such reconsideration must be completed within seven months
after acceptance of such application for an additional facility.
(c) The commission shall, pursuant to Section 21100.2, provide by
resolution or order for completing and certifying the environmental
impact report within the time limits established by subdivisions (a)
and (b).
25540.5. The commission may, at the petition of a county which has
adopted a geothermal element for its general plan, approve an
equivalent certification program which delegates to that county full
authority for the certification of all geothermal powerplants within
such county. Once approved by the commission, the equivalent
certification program shall replace and supersede the procedures for
certification of all geothermal powerplants and related facilities,
pursuant to Sections 25540 to 25540.4, inclusive, to be located
within such county. The commission may, after public hearings,
revoke the approved equivalent certification program of such county
if the commission finds that the program does not comply with current
commission certification requirements. The equivalent certification
program shall include, but not be limited to, provisions for all of
the following:
(a) Certification of geothermal areas as potential multiple
facility sites, if so applied for.
(b) Processing of applications in less than 12 months.
(c) Periodic review and updating of the program by the county as
may be required by law and the commission.
(d) Appeal procedures, including appeals to the commission on
substantive issues. In any such appeal on a substantive issue, the
commission shall determine whether the act or decision is supported
by substantial evidence in the light of the whole record. The
commission shall determine, within 15 days of receipt of an appeal,
whether the appeal has merit and whether action should be taken.
(e) Input and review by other relevant public agencies and members
of the public.
(f) Public hearing procedures equivalent to those specified in
Article 6 (commencing with Section 65350) of Chapter 3 of Title 7 of
the Government Code.
25540.6. (a) Notwithstanding any other provision of law, no notice
of intention is required, and the commission shall issue its final
decision on the application, as specified in Section 25523, within 12
months after the filing of the application for certification of the
powerplant and related facility or facilities, or at any later time
as is mutually agreed by the commission and the applicant, for any of
the following:
(1) A thermal powerplant which will employ cogeneration
technology, a thermal powerplant that will employ natural gas-fired
technology, or a solar thermal powerplant.
(2) A modification of an existing facility.
(3) A thermal powerplant which it is only technologically or
economically feasible to site at or near the energy source.
(4) A thermal powerplant with a generating capacity of up to 100
megawatts.
(5) A thermal powerplant designed to develop or demonstrate
technologies which have not previously been built or operated on a
commercial scale. Such a research, development, or commercial
demonstration project may include, but is not limited to, the use of
renewable or alternative fuels, improvements in energy conversion
efficiency, or the use of advanced pollution control systems. Such a
facility may not exceed 300 megawatts unless the commission, by
regulation, authorizes a greater capacity. Section 25524 does not
apply to such a powerplant and related facility or facilities.
(b) Projects exempted from the notice of intention requirement
pursuant to paragraph (1), (4), or (5) of subdivision (a) shall
include, in the application for certification, a discussion of the
applicant's site selection criteria, any alternative sites that the
applicant considered for the project, and the reasons why the
applicant chose the proposed site. That discussion shall not be
required for cogeneration projects at existing industrial sites. The
commission may also accept an application for a noncogeneration
project at an existing industrial site without requiring a discussion
of site alternatives if the commission finds that the project has a
strong relationship to the existing industrial site and that it is
therefore reasonable not to analyze alternative sites for the
project.
25541. The commission may exempt from this chapter thermal
powerplants with a generating capacity of up to 100 megawatts and
modifications to existing generating facilities that do not add
capacity in excess of 100 megawatts, if the commission finds that no
substantial adverse impact on the environment or energy resources
will result from the construction or operation of the proposed
facility or from the modifications.
25541.1. It is the intent of the Legislature to encourage the
development of thermal powerplants using resource recovery
(waste-to-energy) technology. Previously enacted incentives for the
production of electrical energy from nonfossil fuels in commercially
scaled projects have failed to produce the desired results. At the
same time, the state faces a growing problem in the environmentally
safe disposal of its solid waste. The creation of electricity by a
thermal powerplant using resource recovery technology addresses both
problems by doing all of the following:
(a) Generating electricity from a nonfossil fuel of an ample,
growing supply.
(b) Conserving landfill space, thus reducing waste disposal costs.
(c) Avoiding the health hazards of burying garbage.
Furthermore, development of resource recovery facilities creates
new construction jobs, as well as ongoing operating jobs, in the
communities in which they are located.
25541.5. (a) On or before January 1, 2001, the Secretary of the
Resources Agency shall review the regulatory program conducted
pursuant to this chapter that was certified pursuant to subdivision
(k) of Section 15251 of Title 14 of the California Code of
Regulations, to determine whether the regulatory program meets the
criteria specified in Section 21080.5. If the Secretary of the
Resources Agency determines that the regulatory program meets those
criteria, the secretary shall continue the certification of the
regulatory program.
(b) If the Secretary of the Resources Agency continues the
certification of the regulatory program, the commission shall amend
the regulatory program from time to time, as necessary to permit the
secretary to continue to certify the program.
(c) This section does not invalidate the certification of the
regulatory program, as it existed on January 1, 2000, pending the
review required by subdivision (a).
25542. In the case of any site and related facility or facilities
for which the provisions of this division do not apply, the exclusive
power given to the commission pursuant to Section 25500 to certify
sites and related facilities shall not be in effect.
25543. (a) It is the intent of the Legislature to improve the
process of siting and licensing new thermal electric powerplants to
ensure that these facilities can be sited in a timely manner, while
protecting environmental quality and public participation in the
siting process.
(b) Notwithstanding Section 7550.5 of the Government Code, the
commission shall prepare a report to the Governor and the Legislature
on or before March 31, 2000, that identifies administrative and
statutory measures that, preserving environmental protections and
public participation, would improve the commission's siting and
licensing process for thermal powerplants of 50 megawatts and larger.
The report shall include, but is not limited to, all of the
following:
(1) An examination of potential process efficiencies associated
with required hearings, site visits, and documents.
(2) A review of the impacts on both process efficiency and public
participation of restrictions on communications between applicants,
the public, and staff or decisionmakers.
(3) An assessment of means for improving coordination with the
licensing activities of local jurisdictions and participation by
other state agencies.
(4) An assessment of organizational structure issues including the
adequacy of the amounts and organization of current technical and
legal resources.
(5) Recommendations for administrative and statutory measures to
improve the siting and licensing process.
(c) The commission may immediately implement any administrative
recommendations. Regulations, as identified in paragraph (5),
adopted within 180 days of the effective date of this section may be
adopted as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of the Government Code. For purposes
of that chapter, including Section 11349.6 of the Government Code,
the adoption of the regulations shall be considered by the Office of
Administrative Law to be necessary for the immediate preservation of
the public peace, health, safety, and general welfare.
25550. (a) Notwithstanding subdivision (a) of Section 25522 and
Section 25540.6, the commission shall establish a process to issue
its final certification for any thermal powerplant and related
facilities within six months after the filing of the application for
certification that, on the basis of an initial review, shows that
there is substantial evidence that the project will not cause a
significant adverse impact on the environment or electrical system
and will comply with all applicable standards, ordinances, or laws.
For purposes of this section, filing has the same meaning as in
Section 25522.
(b) Thermal powerplants and related facilities reviewed under this
process shall satisfy the requirements of Section 25520 and other
necessary information required by the commission, by regulation,
including the information required for permitting by each local,
state, and regional agency that would have jurisdiction over the
proposed thermal powerplant and related facilities, but for the
exclusive jurisdiction of the commission, and the information
required for permitting by each federal agency that has jurisdiction
over the proposed thermal powerplant and related facilities.
(c) After acceptance of an application under this section, the
commission shall not be required to issue a six-month final decision
on the application if it determines there is substantial evidence in
the record that the thermal powerplant and related facilities may
result in a significant adverse impact on the environment or
electrical system or does not comply with an applicable standard,
ordinance, or law. Under this circumstance, the commission shall
make its decision in accordance with subdivision (a) of Section 25522
and Section 25540.6, and a new application shall not be required.
(d) For an application that the commission accepts under this
section, all local, regional, and state agencies that would have had
jurisdiction over the proposed thermal powerplant and related
facilities, but for the exclusive jurisdiction of the commission,
shall provide their final comments, determinations, or opinions
within 100 days after the filing of the application. The regional
water quality control boards, as established pursuant to Chapter 4
(commencing with Section 13200) of Division 7 of the Water Code,
shall retain jurisdiction over any applicable water quality standard
that is incorporated into any final certification issued pursuant to
this chapter.
(e) Thermal powerplants and related facilities that demonstrate
superior environmental or efficiency performance shall receive
priority in review.
(f) With respect to a thermal powerplant and related facilities
reviewed under the process established by this chapter, it shall be
shown that the applicant has a contract with a general contractor and
has contracted for an adequate supply of skilled labor to construct,
operate, and maintain the plant.
(g) With respect to a thermal powerplant and related facilities
reviewed under the process established by this chapter, it shall be
shown that the thermal powerplant and related facilities complies
with all regulations adopted by the commission that ensure that an
application addresses disproportionate impacts in a manner consistent
with Section 65040.12 of the Government Code.
(h) To implement this section, the commission may adopt emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 2 of Division 3 of Title 2 of the Government Code.
For purposes of that chapter, including without limitation, Section
11349.6 of the Government Code, the adoption of the regulations shall
be considered by the Office of Administrative Law to be necessary
for the immediate preservation of the public peace, health, safety,
and general welfare.
(i) This section shall remain in effect until January 1, 2007, and
as of that date is repealed unless a later enacted statute, that is
enacted before January 1, 2007, deletes or extends that date.
25550.5. (a) Notwithstanding subdivision (a) of Section 25522 and
Section 25540.6, the commission shall establish a process to issue
its final decision on an application for certification for the
repowering of a thermal powerplant and related facilities within 180
days after the filing of the application for certification that, on
the basis of an initial review, shows that there is substantial
evidence that the project will not cause a significant adverse impact
on the environment or electrical system and that the project will
comply with all applicable standards, ordinances, regulations, and
statutes. For purposes of this section, filing has the same meaning
as in Section 25522.
(b) The repowering of a thermal powerplant and related facilities
reviewed under this process shall satisfy the requirements of Section
25520 and other necessary information required by the commission by
regulation, including the information required for permitting by each
local, state, and regional agency that would have jurisdiction over
the proposed repowering of a thermal powerplant and related
facilities, but for the exclusive jurisdiction of the commission, and
the information required for permitting by each federal agency that
has jurisdiction over the proposed repowering of a thermal powerplant
and related facilities.
(c) After an application is filed under this section, the
commission shall not be required to issue a final decision on the
application within 180 days if it determines there is substantial
evidence in the record that the thermal powerplant and related
facilities may result in a significant adverse impact on the
environment or electrical system or does not comply with an
applicable standard, ordinance, regulation, or statute. Under this
circumstance, the commission shall make its decision in accordance
with subdivision (a) of Section 25522 and Section 25540.6, and a new
application shall not be required.
(d) For an application that the commission accepts under this
section, any local, regional, or state agency that would have had
jurisdiction over the proposed thermal powerplant and related
facilities, but for the exclusive jurisdiction of the commission,
shall provide its final comments, determinations, or opinions within
100 days after the filing of the application. The regional water
quality control board, as established pursuant to Chapter 4
(commencing with Section 13200) of Division 7 of the Water Code,
shall retain jurisdiction over any applicable water quality standard
that is incorporated into any final certification issued pursuant to
this chapter.
(e) The repowering of a thermal powerplant and related facilities
that demonstrate superior environmental or efficiency performance
improvement shall receive first priority in review by the commission.
(f) With respect to the repowering of a thermal powerplant and
related facilities reviewed under the process established by this
chapter, it shall be shown that the applicant has contracted with a
general contractor and has contracted for an adequate supply of
skilled labor to construct, operate, and maintain the plant.
(g) With respect to a repowering of a thermal powerplant and
related facilities reviewed under the process established by this
chapter, it shall be shown that the thermal powerplant and related
facilities complies with all regulations adopted by the commission
that ensure that an application addresses disproportionate impacts in
a manner consistent with Section 65040.12 of the Government Code.
(h) To implement this section, the commission may adopt emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code. For
purposes of that chapter, including, without limitation, Section
11349.6 of the Government Code, the adoption of the regulations shall
be considered by the Office of Administrative Law to be necessary
for the immediate preservation of the public peace, health, safety,
and general welfare.
(i) For purposes of this section, "repowering" means a project for
the modification of an existing generation unit of a thermal
powerplant that meets all of the following criteria:
(1) The project complies with all applicable requirements of
federal, state, and local laws.
(2) The project is located on the site of, and within the existing
boundaries of, an existing thermal facility.
(3) The project will not require significant additional
rights-of-way for electrical or fuel-related transmission facilities.
(4) The project will result in significant and substantial
increases in the efficiency of the production of electricity,
including, but not limited to, reducing the heat rate, reducing the
use of natural gas, reducing the use and discharge of water, and
reducing air pollutants emitted by the project, as measured on a per
kilowatthour basis.
(j) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.