Energy Conservation and DevelopmentPower Facility and Site Certification
Section § 25500
This law gives the commission the sole authority to approve all locations and related facilities for specific projects in the state. It means that their certification replaces any other necessary approvals or permits from local, state, or federal bodies, as allowed by federal law. You cannot begin building or modifying these facilities without the commission's approval.
Section § 25500.1
This law allows owners of certain solar thermal power plants to petition for a change from solar thermal technology to photovoltaic (solar panel) technology without needing a new application. They must meet specific conditions, such as having an original certification and applying for the change by a certain date. The change process requires environmental reviews, public notices, and hearings. The Department of Fish and Game and the State Water Resources Board will review water impacts and suggest mitigation measures.
Facilities making this change will still fall under existing regulations, even if they might normally be exempt. The law outlines that petitions to change must follow a specific regulatory process and clarifies that it does not affect the right to legally challenge a project’s certification in court.
Section § 25500.5
This law requires that the commission confirms there are enough locations and facilities to supply the expected demand for electricity based on the latest statewide power demand forecasts.
Section § 25501
This section states that certain sites or facilities are not covered by this chapter if they were already approved by the Public Utilities Commission or a municipal utility before January 7, 1975.
Section § 25501.7
Section § 25502
If you want to build a thermal power plant or electric transmission line in a certain area, you need to tell the commission in advance by submitting a detailed notice. This notice helps check if the proposed location is suitable and meets the commission's standards and needs.
Once a site is approved as suitable, it can be directly considered for certification applications without the need for additional notices.
Section § 25502.3
This law says that if you're planning to build a facility that is usually not covered by certain regulations, you can choose to opt into these regulations. You do this by telling the relevant commission that you want to file an application for certification. Once you do that, all the rules in this chapter will apply to your construction project, unless Section 25501.7 says otherwise.
Section § 25503
If you're planning to apply for a project, your notice must include at least three different locations for the project, and one must be outside the coastal zone. These locations can either be from a pre-approved list or places that have already been looked at in past proposals.
Section § 25504
This section requires applicants to provide a detailed notice of intention when proposing new sites for facilities. The notice must include the location details, a summary of design criteria, types of fuels, construction and operation methods, and site-specific facility plans. Applicants must also provide a preliminary analysis comparing the pros and cons of alternative sites, demonstrate the need for the facility, and show how it aligns with recent electricity reports. Any additional information deemed important by the utility must also be included.
Section § 25504.5
This section allows an applicant to propose a location for an electric generating site that could eventually produce more electricity than initially planned. If they do, the notice must include details such as the number and type of generators and their power sources, a timeline for installation, and the environmental and health impacts when the site is fully operational.
Also required are details about the cooling water needed, and descriptions of any support facilities that will be built, such as pipelines, storage facilities, and cooling systems.
Section § 25505
When the commission receives a notice about proposed sites and related facilities, they must publish a summary in a widely read local newspaper for each county where these places might be located. They also need to send the notice to the Public Utilities Commission if a certificate is needed, and to various federal, state, regional, and local agencies that might be interested in the facilities. Finally, a copy must be sent to the Attorney General.
Section § 25506
This law requires the commission to seek input from various agencies at local, regional, state, and federal levels. These agencies should provide feedback and suggestions about the design, operation, and location of certain facilities, taking into account environmental quality, public health and safety, and other relevant factors they are knowledgeable about.
Section § 25506.5
This law requires the commission to ask for input from the Public Utilities Commission about certain facilities that need a specific certificate to operate. These comments should cover how the facility's design, operation, and location might affect things like cost, financial aspects, rates, system reliability, and the service provided.
Section § 25507
This law requires that if a proposed site for a facility is located partly or wholly within certain protected areas like the coastal zone or Suisun Marsh, the relevant environmental commission must be notified. Specifically, the California Coastal Commission or the San Francisco Bay Conservation and Development Commission, as appropriate, must review the proposal and produce an analysis and report before any public hearings on the proposal can start.
Section § 25508
This law section states that the commission must work with the California Coastal Commission and the San Francisco Bay Conservation and Development Commission to advise them when they study site applications within certain protected areas, like the coastal zone or Suisun Marsh. If either commission requests it, they can also take part in public hearings related to these site applications.
Section § 25509
The commission must organize public informational meetings within 45 days after a notice is filed. These meetings should occur in the county or counties where the new sites and facilities are planned, ideally as close as possible to the locations. The goal is to explain why the new site is needed based on electrical demand and to provide understanding about the proposed sites and facilities.
Section § 25509.5
After presentations are done, the commission holds meetings to figure out what issues need legal hearings. They also decide which issues can be dropped or postponed. Anyone can join these meetings if it's relevant, and the meetings are scheduled to be as convenient as possible. The goals are to discuss the electricity needs of the proposed site, understand the proposed facilities, get public opinion on the impacts, and explore alternative energy options that might be better.
Section § 25510
After a hearing concludes, the commission must create and release a summary and hearing order about the intention to file an application within 150 days. This summary can include other alternatives suggested by the commission or raised at public hearings. It must be published for public access and shared with interested agencies at different government levels.
Section § 25511
This section requires the commission to thoroughly examine the safety and reliability of facilities at proposed alternative sites for nuclear power plants. They must review detailed safety plans, emergency systems, waste and fuel handling, and precautions against illegal nuclear fuel diversion. Additionally, they assess design features for seismic and other hazards, and methods to manage population density around these plants. The commission will verify and, if needed, expand on the applicant's information through investigations, ensuring public health and safety measures are sufficient, with their conclusions noted in a final report.
Section § 25512
This law describes how a summary and hearing order should be prepared based on the records from a proceeding, which includes input from various agencies and the public, as well as independent studies by the commission's staff.
The order is required to: (a) list issues for future hearings, (b) highlight issues to be dismissed from consideration, (c) defer some issues to a later certification process, (d) include proposed findings relevant to a different legal provision, and (e) set dates for hearings.
Section § 25512.5
If someone asks for it, they must be given a copy of the summary and hearing order within 15 days of its publication.
Section § 25513
This law says that the commission must start formal hearings no sooner than 30 days after sending out the summary and hearing order. These hearings are based on what is in the hearing order.
Section § 25513.3
This law allows someone who was an investigator or advocate in a commission case to later supervise or advise the presiding officer in the same case, but only if it's been over a year since their original role ended. The advisor must disclose their input on the record, and all parties involved in the case can comment on it.
Section § 25514
This section requires that, after specific hearings and no later than 300 days after a notice filing, a final report must be prepared and shared. This report should include findings on whether the proposed sites for facilities meet electric power demands and adhere to various standards and laws.
It must incorporate input from the California Coastal Commission and the San Francisco Bay Conservation and Development Commission. The report should also assess the pros and cons of each site proposal, including possible design or location changes to meet standards.
Safety and reliability of the facilities should be evaluated, and the report should consider if increased property taxes from the project will cover necessary local improvements and services.
Section § 25514.3
This law section requires that when changes or requirements are being set for certain sites or facilities that need a special certificate, the commission must ask the Public Utilities Commission for input. This input should cover how the changes might affect costs, finances, rates, system reliability, and service quality.
Section § 25514.5
This law states that when evaluating a proposed site for expanding power-generating capacity, the commission should only consider the facilities that are planned to operate within the next 12 years. They should not take into account any additional facilities that might be built and start operating after this 12-year period when assessing if the proposal aligns with the projected electric power needs.
Section § 25515
This law requires that a hearing on the final report must begin within 30 days of distributing the report. The hearings then need to be finished within 15 days of starting.
Section § 25516
This law section explains that the commission can only approve notices for energy projects if there are at least two acceptable alternative site proposals. If not, the applicant can suggest more sites. If there's only one good site after a genuine search, the commission can still approve it but might require new proposals for alternatives. If the commission sees a need for more power capacity and no site is acceptable, it can choose a site, funded by the applicant, to meet the energy needs.
Section § 25516.1
If a proposed site and facility in California is acceptable and located in sensitive areas like the coastal zone or Suisun Marsh, the applicant cannot file for certification unless the commission decides this specific site is better than other acceptable sites in the area.
Section § 25516.5
This law explains the process for approving an increased electric generating capacity at a specific site. If a proposal includes expanding the capacity, the commission can either approve the capacity for just the initial facilities planned over the next 12 years or approve it for both the initial and additional future facilities. The commission decides the maximum capacity the site can handle.
Once a site is approved for potential additional capacity, it becomes a 'potential multiple-facility site.' The commission may set conditions to make sure the site can handle future expansions without exceeding its limits.
Section § 25516.6
This section outlines the procedure for the commission to handle notices. Once a notice is submitted, the commission has 45 days to decide if it's complete. If complete, the notice is officially filed as of that date. If incomplete, they must inform the applicant what is missing and how to fix it. After receiving additional information, the commission has 30 days to decide if the notice is now complete. The final decision on the notice must be issued within 12 months unless both parties agree to a different timeline.
Section § 25517
This law states that before starting construction of a thermal power plant or electric transmission line, an electric utility must get certification first. If the certification is denied, the utility may have to restore any site improvements made, to protect the environment, as decided by the commission.
Section § 25518
In California, a utility company cannot get approval to build or use an electrical site or facilities unless it first receives a special certificate from the Public Utilities Commission.
Section § 25518.5
This law states that an application for a certificate of public convenience and necessity can be started at the same time as other processes, as long as it follows the rules mentioned in another section (Section 25518).
Section § 25519
This law outlines the process for obtaining certification of a site and related facilities in California. Applications must be submitted to a commission in a prescribed format and can only be for sites deemed acceptable or for additional facilities at designated multiple-facility sites. The commission has the authority to request necessary information from applicants and serves as the lead agency for project certification, requiring an environmental impact report if the regulatory program isn't certified. If the site is in sensitive areas like the coastal zone or Suisun Marsh, certain commissions must review the application. Furthermore, the application is shared with local governments, federal and state agencies, and published in a local newspaper for public awareness. Agencies must provide feedback within 180 days, while the Public Utilities Commission reviews economic impacts. Applications must list all federal approvals required, obtained, or pending.
Section § 25519.5
This law requires that if a proposed project site is within 1,000 feet of a military installation, in special use airspace, or under a low-level flight path, the applicant must inform the U.S. Department of Defense (DoD) about the project and the application to be filed. Furthermore, if the DoD provides information on how the project might impact national security or military activities, the applicant must include details of their consultation with the DoD in their application. If the information comes after the application is filed, the applicant needs to forward it as soon as they get it.
Section § 25520
This law section outlines what must be included in an application to the commission for a proposed facility. Applicants need to provide a detailed description of how the facility will be designed, built, and operated, including plans for emergencies and shutdowns. They must include information about the site, such as maps and ecological data, and justify why the site was chosen. The application must also detail the facility’s cost, fuel type, plant lifespan, and costs per unit of power generated. Additionally, they must describe any related electric transmission lines, their routes, costs, and potential environmental impacts.
Section § 25520.5
If you're applying to build another facility at a site with multiple facilities in mind, the commission will re-evaluate its past decisions based on current situations and any other viable options. They'll do this during the review process of your application.
After holding public hearings, the commission has 180 days to decide if the new facility is acceptable. If they say no, that's their final decision, and you can challenge it in court. If they say yes, the final decision still isn't made.
For applications that get a positive nod, the commission has up to 24 months to finalize the decision, unless they agree with you, the applicant, on a different timeline.
Section § 25521
This law requires a public hearing to be held between 90 and 240 days after an application is filed, focusing on the location nearest to the proposed site in either Sacramento, San Francisco, Los Angeles, or San Diego. The commission may also hold hearings in the county where the site will be located. These hearings are meant to give the public and involved parties a fair chance to comment on the application and the commission’s assessment. The commission can decide whether or not to allow formal questioning of witnesses during the hearing.
Section § 25522
This section explains the process and timeline for the California commission to make a decision about an application for certification. Once an application is filed, the commission has 18 months (or 12 months if certain conditions are met) to issue a decision, unless the applicant agrees to a different timeline. Within 45 days of receiving the application, the commission must decide if it's complete. If it's not, they must inform the applicant in writing what's missing. Once the applicant provides the missing information, the commission has 30 days to review it and decide if the application is now complete. The application is officially considered filed when it is deemed complete, according to the commission's regulations.
Section § 25523
This law mandates that the commission create a detailed written decision after a public hearing for a proposed facility. The decision must outline how the facility will be designed and operated to protect the environment and public health. If the site is in a coastal zone, Suisun Marsh, or within the San Francisco Bay area, it must meet specific environmental requirements, unless doing so would cause more harm or is not feasible.
Additionally, the commission must verify that the proposed site meets air, water, and safety standards. If there are any compliance issues with local regulations, the commission should attempt to resolve these with the relevant agencies. For air quality standards, emissions offsets need certification from the appropriate air quality district. The law also requires provisions for restoring the site if the application is rejected.
If the facility uses waste-to-energy or other technologies, it must be monitored to comply with specific environmental standards. Furthermore, the decision must discuss the project's benefits, such as economic and environmental contributions or improvements in electricity reliability.
Section § 25524
This section explains that a 'qualified applicant' is someone seeking certification for an eligible renewable energy resource in California. The commission has the authority to let these applicants pay extra fees to hire third-party experts. These experts help the commission analyze if the application should be certified. However, the commission decides when this option is available. Applicants must agree to the fee amount if they choose this route. Any fees collected are specifically used for analyzing that applicant's certification application.
Section § 25524.1
This law says that new nuclear fission power plants in California need to meet certain conditions before they can use land or be certified. Existing plants like Diablo Canyon and San Onofre are exceptions. First, the U.S. government must approve technology for reprocessing nuclear fuel rods. Then, the state commission must report these findings to the state legislature. If the legislature doesn't disagree within 100 days, the commission can certify new plants. If the legislature disagrees, the commission must review and report back. Additionally, there must be facilities to reprocess or store nuclear waste safely. Even if applications for new plants are processed, no construction can start until these conditions are met.
Section § 25524.2
This law addresses when new nuclear fission power plants can be built in California. It prohibits constructing any new nuclear plants, except existing ones, until there's a proven and approved way to permanently dispose of high-level nuclear waste. The state commission must find and report on this disposal technology to the Legislature. The Legislature has 100 days to contest these findings. If a resolution disagrees with the commission’s findings, the commission must revisit its conclusions. If any disagreement remains, both legislative houses must take action within 100 days to nullify the findings. The goal is to ensure safe waste disposal prior to permitting new nuclear plants.
Section § 25524.5
This law states that the commission can only approve a power facility that adds more generating capacity to a site if it doesn’t exceed a previously set limit. However, the commission can allow more capacity if it determines that doing so won't worsen environmental, technological, or seismic issues beyond what was already deemed acceptable.
Section § 25525
This section states that the commission cannot approve a facility if it doesn't meet all relevant state, local, or regional standards, ordinances, or laws. However, if the commission believes that the facility is needed for public convenience and necessity and that there are no better alternatives, it can make an exception. The commission must consider the facility's environmental impacts, benefits to consumers, and the reliability of the electric system before deciding. All findings must comply with federal laws and must be documented in writing as part of the official record.
Section § 25526
This law states that before the commission can approve a location for constructing a facility, certain requirements must be met. For any site designated by the California Coastal Commission or the San Francisco Bay Conservation and Development Commission, these commissions must first ensure that the use of the land will not interfere with its primary purpose and will not cause significant environmental harm. Additionally, any agency that owns or controls the land must also give their approval for the use of the site.
Section § 25527
This law states that certain areas in California cannot be used for building facilities unless specific conditions are met. These areas include national and local parks, wildlife protection zones, historic and natural reserves, and undeveloped estuaries. The proposed facility can only be approved if it aligns with the main uses of the land, does not harm the environment significantly, and gets approval from any agency that controls the land. When considering facility applications, protecting areas with unique environmental, scientific, scenic, or cultural value is a top priority.
Section § 25528
This law requires that, for any new site and related facility to be certified, the applicant must obtain the right to control development in nearby areas to avoid excessively high population densities, ensuring public health and safety. If the applicant has eminent domain powers, they can use them to get these development rights. For nuclear facilities, population density guidelines are set by the U.S. Nuclear Regulatory Commission. The commission can waive these requirements if current local land use rules are adequate to maintain safe conditions. Any changes to these government land use rules must be approved by the commission to ensure they still meet health and safety standards. Importantly, this law does not allow property to be taken without fair compensation.
Section § 25529
If a facility is going to be built in an area with scenic, recreational, or historical importance, the responsible commission will require that part of the land be set aside for public use. This area must be accessible to the public, although certain restrictions may apply for safety. The facility developer can transfer this public use land to a local agency if they agree to maintain it; otherwise, it can be given to the state. Additionally, if the facility is near a coast or major water body, it must be built back from the shore to allow public enjoyment and preserve the area's beauty.
Section § 25530
This section explains that the commission can reconsider its decisions or orders either on its own or if a party involved asks for it. A request for reconsideration must be submitted within 30 days after the decision is made. The commission can also decide on its own to reconsider but only within the same 30-day period. Once a request is filed, the commission has another 30 days to decide whether to reconsider.
If they choose to reconsider, they can review all relevant parts of the original case and allow arguments, or they might hold another hearing after notifying those involved. Any decision the commission makes after reconsidering has the same impact as the original one.
Section § 25531
This law outlines how the California Supreme Court can review the commission's decisions on site and facility certifications, but the review is limited to checking if the commission followed proper authority and laws. New evidence can't be added, and the commission’s factual findings are typically final.
Court involvement is limited to enforcing the commission's decisions, and not stopping power plant construction. If the commission requires acquiring development rights or certifies a site, those decisions are solidified in any property takeover through eminent domain.
The commission's decisions can't dictate a specific supply plan for utilities, ensuring no mandate conflicts with certain provisions.
Section § 25532
This law requires the commission to create a monitoring system to ensure that facilities certified under this division follow all rules regarding air and water quality, public health, safety, and other regulations set by the commission or outlined in the facility's certification. To do this effectively, the commission must work with other state, regional, and local environmental agencies.
Section § 25534
This law allows the commission to amend or revoke the certification of a facility if it finds false statements in applications, non-compliance with terms, violations of the law, or if a project doesn’t start on time. If a project owner doesn't begin construction within 12 months after permits are final, and if the California Consumer Power and Conservation Financing Authority is willing to take over, they can. Owners can extend the start date by two years if they cover licensing costs. Penalties can also be imposed for non-compliance, up to $75,000 plus daily fines.
If a project isn’t started on time without a good reason, certification can be revoked. Reasons like unforeseen events or good faith efforts might excuse delays. If the authority decides to pursue the project, new deadlines are set. They may also arrange reimbursement to the original owner for costs. This section does not apply to modernizing existing facilities or local public utilities that meet specific criteria.
Section § 25534.1
This law outlines the process for imposing an administrative civil penalty by the commission's executive director. If someone is suspected of violating certain laws, the executive director can issue a complaint detailing the alleged wrongdoing and proposed penalty. The accused will receive notice of a hearing within 60 days, but they can choose to waive this right. After the hearing, the commission can accept or modify the proposed decision and penalty.
Once finalized, the penalty order is effective immediately, and payments are due within 30 days. In deciding the penalty amount, factors like violation severity, ability to pay, and efforts to fix the issue are considered.
Section § 25534.2
If you are unhappy with an order under Section 25534.1, you have 30 days to ask a court to review it. If you miss this deadline, the order can't be reviewed by any court or agency unless the commission decides to review it themselves later on.
If the commission asks, the Attorney General will take action in court to collect any civil penalties declared in Section 25534.1. Such cases are given priority in court. Money collected from these penalties goes into the General Fund.
Section § 25535
This law section means that any reasonable and direct expenses an applicant has to follow the rules in this chapter can be considered when setting rates.
Section § 25537
Once an application is approved, the commission must send the study results about the facility, including the environmental impact report, the decision on the facility, and the facility's safety and reliability assessment to the United States Nuclear Regulatory Commission, the Environmental Protection Agency, and other relevant federal agencies.
Section § 25538
When a local agency reviews a project at the commission's request, it can ask the commission to pay back any additional costs incurred during this review. The commission must also cover any costs that come up because of their review request. Additionally, the local agency can seek compensation for any permit fees they would normally get, but only based on the actual work they perform. The commission can either charge the project proposer or use allocated budget funds to cover these expenses for the local agencies.
Section § 25539
This law section states that when reviewing notifications and applications to approve changes to existing facilities, the commission must create rules and regulations to ensure they fulfill their responsibilities according to this division.
Section § 25540
This law states that if someone wants to build a geothermal power plant and its related facilities, they do not have to present three alternative sites. Instead, after the notice is filed, the commission must make its initial findings within nine months. The final decision on the application should also be made within nine months of the application's filing, unless both the applicant and the commission agree to a different timeline.
Section § 25540.1
This law requires a commission to review a notice or application for a geothermal powerplant within 30 days to decide if it is complete. If it's not complete, the commission must inform the applicant in writing of what is missing and how to fix it. After the applicant submits the required information, the commission has another 30 days to determine if the application can now be considered complete. The official filing date depends on whether the commission has established specific informational requirements for submissions.
Section § 25540.2
This law says if someone wants to build a geothermal power plant at a location that they can prove has sufficient geothermal resources, they don't need to follow the usual notice requirements. Instead, the commission will make a decision on their application within 12 months, unless they agree on a different timeline. Also, when an application is received, a copy must be sent to every state and local agency that oversees land use in the area.
Section § 25540.3
If you're applying to build a geothermal powerplant, you can propose a site that could handle more electricity generation than you're initially planning to build. Your application must detail things like the number and type of units the site can eventually support, when each unit will be installed, potential environmental impacts, cooling water needs, and the layout of extra facilities like pipelines and waste storage.
The commission can either approve only what you plan to build first or also agree that the site can handle future expansion. They’ll set limits on how much more capacity the site could have in the future and any conditions you must meet to prevent overdevelopment.
Section § 25540.4
This law deals with how the commission must handle applications for additional facilities at sites that might host multiple facilities. The commission must make a decision on these applications within three months, unless they've agreed on a different timeline with the applicant.
If there is a good reason, the commission can review previous decisions for that site, based on current conditions and other reasonable alternatives, but they must finish this review within seven months.
This process includes following specific rules to complete and certify an environmental impact report within these timeframes.
Section § 25540.5
This law allows a county in California that has integrated geothermal considerations into its general plan to request approval from the commission for a certification program that will handle the authorization of geothermal powerplants within the county. If approved, this program takes over the usual procedures for certifying such powerplants. However, the commission can revoke this program if it no longer meets current certification standards. The county's certification program must include several specific elements: designation of areas for multiple facility sites, processing applications quickly, regular updates, clear appeal procedures, involvement from other agencies and the public, and public hearing processes similar to established government guidelines.
Section § 25540.6
This law states that for certain types of power plants, such as those using cogeneration, natural gas, or solar thermal technology, and some smaller or unique projects, the California Energy Commission can expedite the approval process. They are required to make a decision within 12 months of the application unless they agree on a different timeline with the applicant. The law explains specific circumstances where detailed site discussions aren't required in the application, simplifying the procedure for projects with strong ties to existing industrial sites or for innovative technology demonstrations.
Specifically, these projects can include modifications to existing facilities, plants near energy sources, or those under certain megawatt limits. The process allows the demonstration of new technologies, including using renewable fuels and advanced pollution controls, with some leeway in the evaluation of site alternatives depending on the project's context and necessity.
Section § 25541
This law allows the commission to exempt certain small power plants or modifications to existing power plants from specific regulations if they produce up to 100 megawatts of electricity. This exemption can be granted if the commission determines there will not be significant negative effects on the environment or energy resources.
Section § 25541.1
This law aims to promote the development of thermal power plants that use waste-to-energy technology. The goal is to generate electricity from nonfossil fuels, help manage the state’s solid waste problem, and create jobs. This approach reduces landfill use, cuts waste disposal costs, and avoids health risks from garbage burial.
Section § 25541.5
This law required a review of a regulatory program by January 1, 2001, to ensure it meets certain environmental criteria. If it does, the program would continue to be certified. The commission must update the program as needed for continued compliance. The 2000 certification remains valid during this review, ensuring no interruption in certification status.
Section § 25542
This law states that if certain facilities or sites are not covered by the rules in this division, then the commission does not have the exclusive authority to certify those sites and facilities.
Section § 25543
This law aims to streamline the process for approving and building new thermal electric power plants in a timely manner while ensuring environmental protections and allowing public input. By March 31, 2000, a report must be prepared for the Governor and Legislature identifying ways to improve the siting and licensing of power plants with 50 megawatts or more. This includes evaluating the efficiency of required procedures, the effects of communication restrictions between stakeholders, coordination with local and state agencies, and whether current technical and legal resources are sufficient. The report should also suggest administrative and legal changes to enhance the process.
Additionally, the commission can immediately implement administrative suggestions, and any recommended regulations may be fast-tracked as emergency regulations if deemed necessary for the public's peace and welfare.