Chapter 6.2Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities
Section § 25545
This law outlines definitions for terms used in a specific chapter concerning energy facilities in California. A 'California Native American tribe' refers to the meaning found in another section of California law.
Meanwhile, 'Facility' encompasses several types of energy projects: large solar or wind power plants, significant energy storage systems, thermal power plants not using fossil or nuclear fuels, major investment projects in renewable or energy storage technologies, electrical lines from such facilities, and certain hydrogen production facilities sourcing their funding from specified programs and not using fossil fuels.
Lastly, a 'Site' is where eligible facilities are or will be built.
Section § 25545.1
This law lets someone proposing a new power facility or changes to an existing one apply for state certification by June 30, 2030. The state commission will exclusively handle this certification and it will replace the need for other state, local, or even federal permits, as allowed by federal law. However, certain agencies like the State Lands Commission and others related to coastal and water resources maintain their authority. Local air quality and toxic substance authorities also keep their power for specific facilities. The law is applicable throughout the entire state, including all cities.
Section § 25545.10
This law requires that before certifying a site and related facility, the commission must ensure the applicant has legally binding agreements with community-based organizations like labor unions or local governments. These agreements should offer benefits to both the applicant and the community. They can cover a wide range of topics, such as workforce development, job quality, hiring strategies, and high road training partnerships.
Beyond employment-related terms, agreements might support community projects like parks or safety improvements, or provide funding for community services. When it comes to agreements with California Native American tribes, the focus might be on cultural and environmental preservation.
Section § 25545.11
This section clarifies that certain specific rules, found in Sections 25532 to 25534.2, are important and relevant for any certification issued under this chapter.
Section § 25545.12
This law involves how regulations are adopted for a specific chapter. It allows the commission to adopt regulations quickly under emergency conditions to protect public welfare without the normal procedures. These emergency regulations stay in place until changed by the commission.
From now until July 1, 2027, any agreements made under this chapter don’t require usual competitive bidding or approvals from various state departments, bypassing some standard contracting rules. Additionally, if the commission contracts with local governments, they can advance funds to them related to these agreements.
Section § 25545.13
This law states that a site certified under this section is automatically considered an environmental leadership development project, provided certain conditions are verified. The certification process involves the commission preparing and certifying the record of proceedings quickly.
Starting January 1, 2026, if the current related laws are repealed, new procedures will apply for legal challenges against environmental certifications, as long as the administrative record is prepared and certified promptly by the commission.
The Judicial Council must adopt a rule by the end of 2023 that ensures legal challenges regarding these sites, including appeals, are resolved in court within 270 days from when the administrative record is filed.
Section § 25545.2
If you're applying to develop a site and related facility in California, your application must be in the specific form required by the commission. It needs to include all necessary information as outlined in Section 25520, plus any additional details the commission requires, such as those from Section 1877 of Title 20 of the California Code of Regulations. This information is crucial for preparing environmental documentation like impact reports or declarations. You must also prove you have enough property rights to access, build, and operate your proposed facility at the site.
Section § 25545.3
This section defines specific terms used in relation to certain other sections (25545.3.3 and 25545.3.5) for clarity. 'Construction' involves any new and follow-up building work done by a contractor. A 'Covered project' is any site or facility that applies under the same chapter this law is part of. A 'Project labor agreement' and a 'Skilled and trained workforce' are defined according to specific sections of the Public Contract Code.
Section § 25545.4
When an application is submitted, the commission has 30 days to decide if it's complete. If the application is missing information, the executive director can ask for more documents within 30 days. The application is considered complete if either 30 days pass without a request for more info or once all requested info is provided and accepted.
After the application is deemed complete, the executive director can still ask for more information, especially to address environmental concerns, which must be provided within 30 days. The commission has up to 270 days to certify environmental reports and issue necessary approvals, but this timeframe can be extended under certain conditions, like needing to reassess environmental impacts or address new project changes. If any of several outlined situations come up, including new environmental effects or a request from the applicant for more time, these extensions may apply.
Section § 25545.5
This law requires several plans to be developed by September 28, 2022, to ensure effective collaboration between the commission and various environmental regulatory bodies. These bodies include the Department of Fish and Wildlife, State Water Resources Control Board, and Department of Toxic Substances Control. The plans are designed to ensure that any actions related to endangered species, water quality, or hazardous waste adhere to existing laws and regulations.
Additionally, the commission must consult with the California Coastal Commission and the San Francisco Bay Conservation and Development Commission for site and facility projects in their jurisdictions to streamline the permit process. Regulatory agencies must act on permits within 90 days of certain environmental certifications, provided that applications are completed by then.
Section § 25545.6
This law requires that any application related to this chapter be reviewed by the commission staff. The executive director must then prepare a recommendation for the commission about whether to approve an environmental impact report or similar documents. This decision will be made during a publicly noticed meeting, where they will also decide whether to issue a certificate for the site and facilities involved.
Section § 25545.7
This law section states that the commission is responsible for preparing environmental assessments like impact reports and declarations under the California Environmental Quality Act, unless specified otherwise. The regulatory program for this chapter does not fall under a certified program per certain legal provisions. Additionally, the commission can conduct an initial study to identify significant environmental effects of actions taken in line with this chapter.
Section § 25545.8
This law section specifies which parts of different sections apply when someone submits an application for certification with the commission. Basically, it outlines that for reviewing an application and issuing a certification, the rules found in certain parts of Section 25523 must be followed. Additionally, it states that specific provisions from Section 25519 and other sections like 25527 and 25538 must also be adhered to.
Section § 25545.9
This law requires that before a commission can approve a site and its facilities, they must determine that it will benefit the local economy positively. The benefits could include job creation, housing and infrastructure development, support for schools and public safety, and tax revenues.
Additionally, there is an assumption that the construction or operation of these facilities will generally have a positive economic impact on the community unless proven otherwise.
Section § 25545.3.3
This law requires that any application for a covered construction project must include a certification from the applicant that the project meets all specified requirements. The applicant also needs to certify whether the entire project is a public work or not. If it is not entirely a public work, then certain labor conditions must be met. These include paying all construction workers at least the prevailing wage rates, ensuring that apprentices are paid appropriately, and employing apprentices at a minimum required ratio.
Contractors and subcontractors must maintain payroll records and may be audited for compliance, except when a project labor agreement is in place. A project labor agreement must cover payment of prevailing wages, a plan for hiring disadvantaged workers, and commitments to increase the use of apprentices, including those who have completed specific training programs.
Section § 25545.3.5
This California statute requires that any application for a covered construction project must include a certification that a skilled and trained workforce will be used. This means all contractors and subcontractors at every level must employ workers who are considered skilled and trained.
If contractors or subcontractors don't comply, they can face penalties. The penalties are handled by the Labor Commissioner and can be assessed up to 18 months after the project is completed.
The applicant is responsible for keeping records of compliance for at least three years after the project finishes, which must be shared with the commission upon request and are subject to public inspection.
However, if the project is governed by a project labor agreement, contractors and subcontractors can be exempt from some penalties, provided the agreement includes specific provisions like workforce compliance and targeted hiring plans.
Section § 25545.7.2
This law outlines the process the commission must follow for public involvement when assessing applications that might impact the environment. It requires the commission to start by notifying the public within three days once an application is complete, then organize various meetings to gather input from the public.
A public informational meeting must occur within 10 to 30 days, where the public learns about the site and project, understands how to engage with the review process, and can provide their comments.
The commission should also hold a public workshop after 10 days and up to 60 days post-notice, and a public scoping meeting within 30 days after the notice is prepared. These are to ensure community input is considered in the decision-making process. Meetings may be conducted concurrently to streamline the process.
Section § 25545.7.4
If you're planning a development project, this law requires the commission to consult with California Native American tribes tied to the site's location. Within five days of application approval, they must contact tribes, get input, and consider their views in environmental reports.
Tribal cultural resources must be treated according to specific standards. If the project potentially harms these resources, tribal monitors will oversee any related construction work. The law ensures tribal historical and cultural concerns are respected during development.
The rules aim to align with existing standards for tribal cultural resources without causing any conflicts.
Section § 25545.7.6
This law section outlines the process and timeline for public involvement in evaluating the environmental impact of a proposed site in California. After a draft report is available, there must be a public meeting held no sooner than 30 days and no later than 60 days after notice. Public review and comment must last at least 60 days. After finishing the final report, the commission needs to discuss certifying it in a public meeting at least 30 days later. Additionally, the commission can hold more public meetings if needed.