2 137320 28

CAUFORNIA LEGISLATURE-I973-74 REGULAR SESSION

No. 1575

April 25, 1973

Introduced by Assemblyman \Varren

REFERRED TO COMMITTEE ON caVERNMENT ADMINISTRATION

AMENDED IN ASSEMBLY MAY 29, 1973

An act to AMEND SECTION 21100 OF, AND .TO addDivision 15 (commencing with Section JJ69fH:) Ie 25(00)TO, tile Public Resources Code, relating to energyresources.

LEGISLATIVE COUNSEL'S DIGFSI'

AD 1575, as amended, Warren (Gov. Adm.). Energy re­sources.

Enacts the State Energy Resources Conservation and De­velopment Act of IfR3, wHIt Be stlhsftmw.,re p,e',;isieft8 .

Declares legislative findings relating to energy resources.Establishes the State Energy Resources Conservation and

Development Commission and prescribes its membership,powers, and duties.

Provides for forecasting andassessmentofenergy demandsand supplies, and For conservation of energy resources bydesignated methods.

Provides for certification ofpower facilities, as defined, bythe commission.

Requires the commission to carryon a program ofresearchand development ofenergy resources, andprovides for limit­ing the use of electrical and other forms of energy underdesignated emergency conc!itions.

ASSEMBLY BILL

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DIVISION ~ iSNERCY RESOURCES

95991. +his Elir,sisiee shaD he ke8·JIft ftftd~ he eiteaas Hte Eftergy Resetlrees CaftSellf'afteft ftfttl DeTf'eleplfteftt~ et 19=13.

SECTION 1. Section 21100 of the Public ResourcesCode 1S amended to read,

21100. All state agencies, boards, and commissionsshall prepare, or cause to be prepared by contract, andcertify the completion of an environmental impactreport on any project they propose to carry out orapprove which may have a significant effect on theenvironment. Such a report shall include a detailedstatement setting forth the following:

(a) The environmental impact of the proposed action.(b) Any adver~e environmental effects which cannot

be avoided if the proposal is implemented.(c) Mitigation measures proposed to minimize the

impact including, but not limited to, measures to reducewasteful, inefficient, and unnecessary consumption of

1 ScOTION -b Di"lisieft 15 (eefftfftefteiftg wftI::t Seeaeft2 S8991) is added te the PHeBe Res&ttrees Cede, te fIOft6:3456789

1011121314151617181920212223

ABl575

Imposes ~·arious fees and reqwres the money to be depos­ited in the State Energy Resources Conservation and Devel­opment Fund, which is hereby created Requires that moneyfrom such fund be expended for purposes ofcarrying out thepronsions ofthis act, when appropriated by the Legislature.

Requires specifically that an environmental impact reporton anyprojectpreparedpursuant to the EnvironmentalQual­ity Act of 1970 include a statement of measures to reducewasteful, ineHicient, and unnecessaryconsumption ofenergy.

Proyides that neither appropriab'on IS made nor obligationcreated for the reimbursement ofany local agency for anycosts incurred by it pursuant to the act.

Vote: majority. Appropriation: no. Fiscal committee: Be

yes. t d- ted local program: no state funding.

The people ofthe State ofCalifornia do enact as follows:

2 1575 30 30

2 1375 40 32

AD 1575-3-

TITLE AND GENERAL PROVISIONSCHAPTER 1.

DIVISION 15. ENERGY CONSERVATION ANDDEVELOPMENT

25fX)(). This division shaD be known andmay be citedas the State Energy Resources Conservation andDevelopment Act.

25OO]' The Legislature hereby finds al!d declares thatelectrical en~rgy is essential to the health, safety andwelfare of the people of this state and that it is there~ponsibility of state government to ensure that areliable supply of electrical energy is 'maintained at alevel consistent with the need For s,uch energy forprotection of public health and safety, and forenvironmental quality protection.

25OO2. The Legislature further finds and declares thatthe present rapid rate ofgrowth in demand for electricenergy is in part due to wasteful, uneconomic, inefficient,and unnecessary uses ofpower and a continuation ofthistrend wiJJ result in serious depletion or irreversiblecommitnlent of fuels, land and water resources, andpotential threats to the states environmental quality. I

25003. The Legislature further finds and declares thatplans for future electrical generati1lg and transmittingfacilities should be coordinated with state, regional, andlocal plans for land use, urban expansion, trilnsporta~ion

1 energy.2 (d) Alternatives to the proposed' action.3 (e) The relationship between local short-term uses of4 man's environment and the nlaintenance and5 enhancement of long-term productivity.6 (f) Any irreversible environmental changes which7 would b~ involved in the proposed action should it be8 implemented.9 (g) The growth-inducing impact of the proposed

10 action.11 SEC. 2. Division 15 (commencing with Section 25fX)())12 is added to the Public Resources Code, to read: .13141516171819202122232425262728293031323334353637383940

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CHAPTER 2. DEFINITIONS

251()(). Unless the context otherwise requires, thedefinitions in this chapter govern the construction ofthisdivision.

25101. I 'A.ppJicanr'means anyperson who submits anflppJication for certification pursuant to the provisions ofthis division.

25102. "Application" means any request forcertification ofany Facility filed in aocordance with theprocedures established pursuant to this division.

25103. "Coastal zone" means the "coastal zone" as

2 1575 ~ 34

1 systems, environmental protection, and economIC2 del-'elopment.3 25004. The Legislature further finds and declares that4 there is a pressing need ~o accelerate research and5 development into alternative sources ofenergy and Iilto6 improved technology of design and sihng of power7 Facilities.8 25005. The Legislature further finds and d~claresthat9 prevention of delays and interr.uptions in the orderly

10 provision of electrical energy, protection of11 environmental values, and conservation of energy12 resources require expanded authority and tec.'1mcaJ13 capability within state government.14 25006. It is the policy ofthe state and the intent ofthe15 Legislature to establish and consolidate withIn state16 government responsibility for managing the state's17 energy resources, for encouraging and conducting .18 research and development into energy supply and19 demand problems, and for regulating electTlcaJ20 generating and transmitting Iilcilities.21 25007. It is further the policy,of the state and the22 intent of the Legislature to employ a range' ofmeasures23 to Influence the rate ofgrowth ofelectricity consumption24 In order to reduce wasteFul, uneconomical, and25 unnecessary uses, prudently conserve energy resources,26 and assure statewide enVIronmental, public safety, and27 land use goals.28293031323334353637383940

AB 1575

2 157~ 70 38

ABl575-5-

1 defined in Section 271002 25104. "Commission" means the State Energy3 Resources Conservation and Development Commission.4 25105. "Construcbon" means onsite work to install5 permanent equipment or structure for any Facility.6 "Construction" does not include any ofthe following:7 (a) The installabon of environmental monitoring8 eqwpment.9 (b) A soil or geological investigation.

10 (c) A topographical survey.11 (d) Any other study or investigation to determine the12 environmentalacceptabilityor feasibility ofthe use ofthe13 site for any parbcular Facility.14 (e) Any work to provide access to a site for any ofthe15 purposes specified in subdivision (a), (b), (c), or (d).16 25106. "Counser'means the legal counsel employed17 by the commission pursuant to Section 26217.18 25107. ~~lectric transmission line"meansanyelectric19 power line whit:h carries more than 2()() kilovolts and all20 appurtenant facilities thereof, including, but not limited .21 to, switchingyards. ~1Slectric transmission line" does not22 include any replacement on the existing site ofexisting23 facilities with· Facilibes equivalent thereto or the24 placement ofnew oradditionalconductors, insulators, or25 accessorIes related thereto on supporting structures in26 existenc~on the effective date ofthis division.27 25108. ~~lectric utility" means any person engaged28 in, or authorized to engage in, generating, transmitting,29 or distributing electric power, including, but not lin1ited30 to, any such person who issubject to the regulation ofthe31 Pubhc Utih·ty Commission.32 25109. ~~nergy" means work or heat that is, or may33 be, produced from any fuel or source whatsoever.34 25110. "Facility" means any electric transmi~sion line35 or thermal- powerplant regulated according to the36 provisions of this diviSIon. '37 25111. ~Tund" means the State Energy Resources38 Conservation and Development Fund39 25112. "JJember" or "member of the commission"40 means a member of the State Energy Resources

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1 Conserl-'ation and Developinent Commission appointed2 pursuant to Section 25200.3 25113, 'iVotice" means the notice of intent which4 shall state the intention of an applicant to file an5 application for certification ofany facility.6 25114. "Party ofinterest"means any person who the7 commission finds and acknowledges as having a real and8 direct interest in any proceeding or action carried on,9 under, or as a result of the operation of, th~s division.

10 25115. "Permit area" means the "permit area"' as11 defined in Secbon 27104.12 25116. 'Person" means any person, firm, association,13 organization, partnership, business trust, corporationF or14 company. ··Person"also includes any city, count~ public15 district or agency, the state or any department or agency16 thereof, and the Um'tedStates to the extentauthorizedby17 federal law.18 25117. "Plan" means the Emergency Load19 Curtailment and Energy Distribution Plan.20 25118. '~ervice area" means any contiguous21 geographic area serviced by the S8l11e electric utility.22 25119. '~ite" means any proposed locabon on which23 a facility is constructed or is proposed to be constructed24 25120. "Thermal powerplant" means any stationary25 or floating electrlcal generating facility using any source26 of thermal energy, with a generating capacity of 5027 megawatts or more, and any facilities appurtenant,28 . thereto. -2930 CHAPTER 3. STATE ENERl;Y RESOURCES31 CONSERVATION AND DEVELOPMENT COMMISSION3233 25200. There is in the Resources Agency the State34 Energy Resources Conservab'on and Development35 Comrnission, consisting of five members appointed by36 the Governor subject to the confinnation ofthe Assembly37 and the Senate pursuant to Section 25204.38 25201. One member of the commission shaH be39 qualified in the field of physical science; one member40 shall be an attorney and a member of the State Bar of

AD 1575

2 1573 90 42

1 CalIfornia who is qualifiedin the field ofgovernmental or2 administrative law; one member shall be an ecologist3 with background and experience in the study ofnatural4 biologicalecosystems; onemembershaDbe an economist5 with background and experience in the field ofnatural6 resource management; and one mernber shall be from7 the public at large.8 25202. The Secretary of the Resources Agency and9 the chairman ofthe Public Utilities Commission shall be

10 ex oflicio, nonvoting members ofthe commission, whose11 presence shaD not be counted for a quorum or for vote12 requirements.13 25203. Each member of the commission shilll14 represent the state st large and not any particular area15 thereofand shaD serve on a full-time basis.16 25204. The Governor shall appoint the members of17 the commission within 30. days after the effective date of18 this division. The appointments to the comm··;sif)n shall19 be confirmed unless the appointment is rejected by a20 majority vote ofaD the members ofeither the Assembly21 or the Senate within 60 days from the date of22 appointment by the Governor. Action by either house trJ23 rejectany appointmentshallcause a vacancyin the office24 to which the appointment was made, and the Governolo2'5 shall, within 30 days, make another appointment.26 25205. (a) No person shall be a member of the27 commission who, during the past two years prior to28 appointment on the commission, received anyportion'of29 his income directly or indirectly from any electric utility,30 or any person who engages in sale ormanufacture ofany31 componentofany facility. No memberofthe commission32 shallbe employedbyanyelectric utility, applicant, orany33 person who engages in sale or manufacture of any34 componentofany facility within twoyears afterhe ceases35 to be a member of the commission.36 (b) Except as providedin Section 25202, the members37 of the commission shall not hold any other elected or38 appointed pubh·c oRlce or position. '39 (c) The membersofthe commission andallemployees40 of the commission shall comply with all applicable

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1 pron~"ions ofSecb'on 19251 of the Go~'ernmentCode.2 (d) IVo person who is a member or employee of/he3 commission shall participate personaDy and substantially4 as a member or emplo.vee of the commission, through5 decision, approval, disapproval, recommendab'on, the6 rendering of advice, investigab'on, or otherwise, in a7 judicia} or other proceeding, hearing, apphcation,8 request for a ruling, or other determination, contr~ct,

9 claim, controversy, study, plan, or otherparticularmatter10 in which, to hisknowledge, he, his spouse, minor child, or11 partner, orany organization in which he is serving, or has12 sen-'ed as oHlcer, director, trustee, partner, or employee13 while serving as a member or employee of the14 commission or within two years prior to h,is appointment15 as a member of the commission, has a direct or indirect16 financial interest,17 (e) No person who is a partner, employer, or18 empioyee ofa member or employee of the commission19 shall act as an attorney, agent, or employee for anyone20 other than the state in connectioll with any judicial or21 other proceeding, hearing, application, request for a22 ruling, or other determination, contract, claim,23 controversy, study, plan, or other parbcular matter in24 which the commission is a party 01' has a direct and25 substantial interest.26 (I) The provisions ofsubdivisions (c), (d), 81id (e) of27 this secb'on shall not apply, ifthe Attorney General finds28 that the interest of the member or employee of the29 commission is not so substantialas to be deemed likely to30 affect the integrity of the services which the state may31 expect from such member or employee,32 (g) Any person, who violates any provision of this33 section is gU11ty ofa felony and shall be subject to a fine34 of not more than ten thousand dollars ($1O,()()()) or35 imprisonment in the state prison for not more than two36 years, or both37 ' 25206. The terms of office of the members of the38 commission shall be for six years, except that the39 Inembers first appointed to the commission shaD classify40 thelnselves by lot so that the term of office of one

AB 1575

AD 1575-9-

2 1375 113 47

1 melnber shall expire at the end of two years after the2 effecb"ve date ofthis division; the terms ofoffice of two3 members shall expire at the end of four years alter the4 eRective date ofthis division.. and the terms ofoffice of5 two members shaD expire at the endofsixyears after the6 eHecb"ve date ofthis division, Any vacancy shall be filled7 by the Governor within 30 days of the date on which a8 vacancy occurs for the unexpired portion ofthe term in9 which it occurs or for any new term ofoffice,

10 If the Governor fails to make an appointment for ~l1Y

11 vacancy within such 30-day perioe4 the Senate Rules12 CO"7Jmittee may make the appointment to fill the13 vacancy for the unexpired portion of the term in which14 the vacancy occurred or for any new term of oRice,15 subject to the confirmab'on as prescribed by Section16 25204.17 25207. The members ofthe commission shaD receive18 an annual salary as prescribed by Section 11550 of the19 Government Code.20 Each member of the commission shall receive the21 necessary traveling and other expenses incurred in the22 performance of .his official duties, When' necessary the23 membersofthe commission andits employeesmay travel24 within or without the state.25 25208. Before entering upon the duties ofhis office'26 each member ofthe commission shaD execute an oRicial27 bond to the state ill the penal sum of twenty-Five28 thousand doUars ($25,()(}()), conditioned upon the faithful29 performance ofhis dUbes.J() 25209. Each member of the commission shall have31 one vote, Except as provided in Section 25211, the32 affirmative votes of at least three members shaD be33 required for the transaction of any business of the34 commission.35 25210. The commission may hold any h~arings and36 conduct any investigations in any part of the state37 necessary to carry outitspowersanddubesprescribedby38 this division and For such purposes has the same powers39 as is conferred upon heads ofdepartments ofthe state by40 Arh"cle 2 (commencing with Section 11180) ofChapter 2,

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10 statewide eJ11 growth fact12 resources, c13 formally sp14 demands to15 and design16 facilities.17 (c) Carr)18 contract c19 developmel20 ImprOVe1nej21 siting, fuel22 energy SUA

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24 25216.3.25 regiona~ sl26 environmeI,27 designing,28 standards~ t

29 designing (30 health and31 those adopt32 or by any fe33 monitor co34 operated in35 (b) The36 advise the (37 ordinances,38 the objectl39 division.40 25216.5.

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1 P~lrt 1. Dil'ision 3, Title 2 of the Government Code.2 25211. The commission may appoint a committee of3 /lot less than three members ofthe commission to carry4 on investjgatio~s, inquiries, or hearings which the5 comnu'ssion has power to undertake or to hold. Every6 order made by such committee pursuant to such inquiry,7 invesh'gah'on, or hearing, when approved or confirmed8 by the comruission and ordered filed in its office, shall be9 the order of the commission.

10 252/2. The GovernQr shall designated the chairman11 ofthe comlnission from among its members. The person12 so designated shall }lold the office of chairman at the13 ple.'lS.'lre of the Governor. The commission shall elect a14 lice clJainnan from among its members.15 25213. The commission Shhll adopt rules for the16 conduct ofits affairs in conformity with the provisions of17 Chapter 4.5 (commencing with Section 11371) ofPart 1,18 Division 3, Title 2 ofthe GovemmeJ1t Code.19 25214. The commission shall maintain its20 headquartersin the City ofSacramento andmayestablish21 branch oOices in such parts ofthe state as the commission22 deems necessary. The commission shall hold meehngs at23 such times and at such places as shall be deterrmned by24 it. All meeh'ngs and hearings ofthe commission shall be25 open tv the public. The first meeting ofthe commission26 shall be held within 75 days after the eRective date ofthis .27 diJ-'lsion. The Governor shalldesignate the time andplace28 for the first meeh'ng of the commission.29 25215. .4ny member of tlie commission may be30 renl0ved from office by the Legislature, by concurrent31 resolution adopted by a majority vote of all members I82 elected to each house, for dereliction of duty or33 corruption or incompetency.34 25216. In addition to other duties specified in this •3:3 di ~ -i5'i011, the coml1Jission shall do all of the follOWing::16 (a) (fndertfike a continuing assessment of trends in:37 tht) cOllSl11nption ofelectrical energy and other forms of:3S energy and tll1alyze the socia~ economic~ and:39 cDP'ronrnen{aI consequences of these trends; carry out-tn d/rect~v, or ('[llIse to be effectuated, e.nergy conser'vation

AB 1575

2 157.5 130 50

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AD 1575-11-

1 Illeasures specified in Chapter·5 (commencing with.2 Secb'on 2!UOO) of this division; and recommend to the3 Governor and the Legislature newand expandedenergy4 conservah·on measuresasrequired to meet the objectives5 of this division.6 (b) Develop procedures for collecting lrom electric7 utilities and other sources forecasts of future loads and8 resources for all sources ofenergy, including electrical;9 independently analyze such forecasts in relations to

10 statewide estimates ofpopulation, economic, aLd other11 growth factors and in terms of the availability of fuel12 resources, costs to consumers, and other factors; Ilnd·13 formally specify statewide and service area energy14 demands to be utilized as a basis for planning the siting15 and design of electric power generating and related16 Mcih·ties,17 (c) Carry out, or cause to be calTied out, under18 contract or other arrangements, research ana19 development into alternab've sources of energy,20 improve1nents in energy generation, transmission, and21 SIting, fuel substitution, and other topics related to22 energy supply, demand, public safety, ecology, and23 conservation,24 25216.3. (a) The commission shall compile local,25 regional, state, and federal 1811d use, public safety,26 environmental, p.nd other standards to be met in27 designing, ~~>~'-jng, and operating in the state; adopt28 standards, except for air and water quality, to be met in29 designing or operating facilities to safeguard public30 health and safety, which shall be more stringent than31 those adopted by local, re/:,7jonal, or other state agencies,32 or by any federal agency ifpermittedby federal law; and33 monitor comphimce aud ensure that all facilib·es are34 operated in accordance with this division.35 (b) The local, regional, and. other state agencies shall36 advise the commission as to any change in its standards,37 ordinance5~ or la ws which are pertinent and relevant to38 the objective of carrying out the provisions of this39 division.40 25216.5. The commission shall do all of the following:

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1 (a) Prescn'be the form and content ofapplicah'ons for2 facilih'es.: conduct public hearings and take other actions3 to secure adequate evaluation of applicah'ons; and4 formally act to approve or disapprove applications,5 including specifying conditions under which approval6 and conbnuing operation of any Facility shall be7 permitted.8 (b) Prepare and adopt an integrated plan specifying9 acb'ons to be taken in the event ofan impending serious

10 shortage of energy, or a clear threat to pubhc health,11 safef)~ or welJare and exercise such direct authority in12 carr,ving out such a plan as is specified in this division.13 (c) Evaluate policies govermng the establishment of14 rates for electric power and other sources ofenergy as15 related to energy conservation, environmental16 protecb'on, and othergoals andpolicies establishedin this17 division, and transmit recommendations for changes In18 power-pricing policies p.nd rate schedules to the19 Governor, the Legislature, and to the Public Utilities20 Commission.21 (d) Serve as :J central repository within the state22 governmt:nt for the collech'on and storage of data and23 information 011 all forms of energy supply, demand,24 conservation, public safety, and related subjects.25 2l;217. The commission shall do all of the following:26 (a) Appoint an execuh've director, who shall serve at2i its pleasure and whose duties and salary shall be28 prescribed by the commission.29 (b) Appoint a legal counsel who shall carry out the30 provisions of Sech'on 25222, as weJl as Dther duties31 prescribed by the commission.32 (c) Employ and prescribe the duties of other staff3,3 lnenlbers as necessary to carry out the provisions of this34 division.35 25218. In addition to other powers specified in this36 division the commission may do any of the following:37 (Ei) Apply for and accept grants~ contributions, and38 appropriations.39 (b) Contract for professional services ifsuch work or40 services cannot be slltisfactorily performed .by its

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16 county,17 request,18 coopera.19 or agenc20 25220.21 the extt.22 before.23 whatsoe24 proposel25 appJicat26 applicar.27 .receive28 appJicat29 25221.30 General31 Jib'gah'OJ32 another33 General34 of the c35 provisio36 GovernJ37 25222.38 prescril39 particip,40 large is

Ab 1575-13-

2 1373 160 36

1 employees or by any other state agency.2 (c) Be sued and sue to obtain any remedy to restrain3 violations of this division.4 (d) Request and utilize the advice and services ofall5 federal, state, local, and regional agencies.6 (e) Adoptany rule or regulation, or take any action, it7 deems reasonable and necessary to carry out the8 provisions of this division. .9 25218.5. The provisions specifying anypower or duty

10 ofthe commission shallbe liberally construed, in order to11 carry out the objectives of this division.12 25219. As to any matter involving the federal13 government, its departments oragencies, which is within14 the scope ofthe power and duties ofthe commission, the15 commission mayrepresent the interestofthe state orany16 county, city, state agency, or public district upon its17 request, and to that end may correspond, confer, and18 cooperate with the federal government, its departments19 or agencies.20 25220. The commission mayparticipate as a party, to21 the extent t.#Jat it shall determine, in' any proceeding22 before any federal or state agency havillg authority23 whatsoever to approve or disapprove any aspect of a24 proposed facility, receive llotice from any applic1U1t ofall25 applications and pleadings filed subsequently by such26 applicants in any ofsuch proceedings, and, byits request,27 receive copies of any of such subsequently filed28 applications and pleadings that it shall deem necessary.29 25221. Upon request ofthe commission, the Attorney30 General shall represent the commission and the state in31 litigation concerning aHairs of the commission, unless32 another state agency, represented by the Attorney33 General, is a party to the action. In such case the coun.~el

34 of the commission shall represent the commission. The35 provisions of Sechons 11041, 11042, and 11043 of the36 Government Code do not apply to the commission.37 25222. In addition to other duties as may be38 prescribed, the counselshallinsure that full andadequate39 parb·cipation by all interested groups and the public at40 large is secured in the planning and site certification

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1 procedures proH'ded ill this diJ,·isjon..The counsel.sh.all2 insure that timeh' and cornplete nctice of COJ1JmlSSIOn3 rll~ehngs lind p~Iblic heanngs is dissemInated to all4 interested groups MId to the public at lar~e. The coun~el5 shall also ad, 'ise such groups and the pubbc as to effectIveS wa"s of participating in the commi$sion's proceedIngs.7 Th'e counsel shall recommend to the COfllmission8 :lddih'onaJ measures to assure open consideration 8I!d9 public participab'on In energy planning and sIte

10 certificab·on.11 23223. The commission shall make available any12 Information filed or subniitted pursuant to this division13 under tht: provisions ofthe CalIfornia. Public Recorc!s -:t.ct,14 Ch!:lpter 3.5 (commencing with SectIon 6250) ofDIVISIon15 7 Title 1 of the Government Code.16 ' 25224. The commission and other state agencies shall,17 to the fullest extent possible, exchange records, reports,18 material and other -,nformation relating to energy19 resourc~s and conservation and power facilities SitIng, or20 cll1~? areas ofmutual concern, to the end that unnecessary21 d~pJic3tion ofeffort may be avoided.2223 CHAPTER 4. PLANNING AND FORECASTING

2425 253()(), Beglnnlngjanuary 1, 1975, and every two years26 thereafter, every electric utHity in the state shallprepare27 and tnlnsrnit to the commission a report specifying5-, 10-,28 and 2O-vear forecasts or assessments of loads and29 resourc~s [or its service area. The report shall set forth30 the facHities which, as determined by the electric utility,31 wi// be required LV supply electric power during the32 forecast or assessrnent periods. The report shall be in a33 (onn specified by the comrnission and shall include elll of.34 the follo wing::35 (a) A t:lbulation of estiInated peak loads, resources~

,36 Clnd reserve Inargins for each year during the 5- and:37 lD-vcnr forecasted or assessed periods, and an estimation:j.~ ofpeak 1m/d) resources) and reserve margins for the lElst~.)9 \'car ill the 20-yei/r forecasted or /lssessed period.40 ' (b) /1 1J'st of exi"ting e/~ctric geIJcnlting plaIlts in

2 1.)75 175 59

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2 generating3 (c) A lis,4 additional5 forecasts OJ

6 Iilcilities, al7 in proposel8 (d) A de9 might bt

10 improveme11 effiCiency,12 interregion.13 efficiencies

(e) An e15 resources 1

16 assessmel1tJ17 describing18 required dL19 (I) An aJ

20 anticipated21 period for22 such other.23 the electric24 (g) A d25 developmel26 factors inDu27 25301. 128 utilities shaJ.29 methodolol530 resources../31 methodolol532 specified iI33 transmit to34 and forecasl35 such altern,36 uh1ity shall J

37 ofthe nleth.38 approach is39 by the conl,flO 25302. ~

AD 1575-15-

2 115715 185 61

1 service, with a description of planned and potential2 generating capacity at existing sites.3 (c) A list of facilities which will be needed to serve4 additional ej ctrical requirements identified in the5 [or casts or assessments, the general location of such6 faciJih'es, and the anticipated types offuel to be ua1ized7 in proposed [acj}ib'es,8 (d) A description ofaddib'onal system capacity which9 might be achieved through, among others,

10 improvements in (1) generating or transmission11 efficiency, (2) importation of power, (3) interstate or12 interregional pooling, and (4) other improvements in13 efficiencies ofoperation.14 (e) An estimation of the availability and cost ofFuel15 resources for the 5-, 10-, and 2O-year Forecast or16 assessm611tperiods with astatementby the electric utility17 describing firm commitments for supplies of fuel18 required during the forecast or assessment periods.19 (I) An annual load duration curve and a forecast of20 anticipated peak loads For each Forecast or assessment21 period For the residential commercial, industrial, and22 such other mlfior demand sectors in the service area of23 the electric utility as the commission shaD determine.24 (g) A description of populah'on growth, urban25 development, industrial expansion, and other'growth26 factors influencingincreaseddemandFor electric energy.27 25301. The commission shall establish and the electric28 uhlities shaDutilize, Forpurposesofthe report, /l common29 methodology for preparing forecasts ofFuture loads and30 resources. After applying the commissiol) 50 established31 methodology to the mandatory elements of the report32 specified in Section 25300, any electric utility may33 transmit to the commission supplementary information34 and forecasts based upon an alternative methodology. IF35 such alternate methodology is employed, the electric36 uh1ity shall fully describe the data and other components37 ofthe methodology, andshaDspecify the reasons why the38 approach is consideredmore accurate to that established39 by the cOlllmission.'to 25302, Upon receipt of a report required under

twoyears/1 prepareing 5-. 10-,aads findset forth

ric utility,uring the111 be in alude :dlof

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1 Section 25300 from an electric utility, the commission2 shall forward copies thereofto the Legislature, the Public3 [TtJiities Comlnission, the Secretary ofResources Agency,4 the Director ofthe Office ofPlanning and Research~and5 other concerned state and federal agencies. The report6 shall also be made available, at cost, to conservation7 groups, business and professional organizations~ and8 other interestedgroups and individuals. The comlnission9 shall also forward a copy of the report to each city and

10 county within the service area coveredby the report, and11 shall request that the city and county re"jew and12 comment on the report in relation to estimates of13 population growth and economic development, patterns14 ofland use and open space, and conservation and other15 appropriate elements of the adopted city or county16 general plan.17 25303. Within three monthsafterreceiptofthereport18 required under Section 2530a the commission shall hold19 public hearings of which at least one shall be in the City20 of'Sacramento Any person may participate in any such21 hearings. The hearing shall be conducted to secure the22 views and comments ofthe public and ofother state and23 federal agencies, city and county governments, and24 concerned private groups regarding the loads and25 resources forecasted by the ub'lities.26 25304. The commission shall review and evaluate the27 electric utilities' forecasts of loads and resources in28 relation to the population growth estimates prepared by29 the Department of Finance, Population Research Unit,30 and in relation to statewide and regional land use,31 transportation, and economic development progralns32 and forecasts. The commission shall also exanline the33 implications of the forecast level ofloads and resources34 on, among others, all of the following:35 (a) Critical environmental and other resources ofthe;16 sttJfe, includingair and water quality, coastal, natural, and37 other unique sites, and fuel resources.38 (b) Public health [llld safety.39 (c) C'ripitlll requireolents for new facJ1ities and costs to40 COl1surners ofelectrical and other forms ofenergy.

AD 1575 -16-

1 (d) 02 provisiOJ3 manner4 The5 methodj6 meet fOJ7 25305.8 in SectJ9 prelimiTJ

10 conclusil11 the elec,12 upon in13 hearingj14 commisj15 the follo16 (a) 1',17 service Ji

18 impact J

19 and opt.20 utilih'es21 necessaJ22· adverse23 (b) 124 electric/;25 utilities.26 (c) T27 energy28 facilitiej29 energy,30 policies31 (d) Ie32 requirec33 commis;34 (e) A35 the cun36 energyJ37 amount38 means Ji

39 the imp40 thecom

2 157.'5 205 6.5

AD 1575-17-

2 1575 215 67

1 (d) Other significant Factors which relate to the2 provision ofelectrical energy in the amounts and in the3 manner proposed by the electric utilities.4 The commission shall also consider alternative5 methods to those proposed by the electric utilities to6 meet forecasted electrical energy requirements.7 25305. Within six months after the hearings specified8 in Section 25303, the commission shall prepare a9 preliminary report, setting forth its findings and

10 conclusions regarding the ~ccuracyand acceptability of11 the electric utilities forecasts. The report shall be based12 upon information and views presented at the public13 hearings on the electric utilities' forecasts and the14 commission s independentanalysisandshallcontain allof15 the foHowing:16 (a) The commissions evaluation of the probable17 service area andstatewide, environmental, andeconomic18 impact and the health and safety aspect ofCOIlstructing19 and operating the facilities proposed by the electric20 utilities and a description of the measures considered21 necessary by the commission to avoid or ameliorate any22 adverse impacts.23 (b) Tht:! proposedalternativemethods for meetingthe24 electrical energy requirements identified by the electric25 utilities.26 (c) The anticipated5- and lO-year levelofdemand for27 energy to be utilized as a basis for certification of28 Facilities, and an anticipated 2()..year level ofdemand for29 energy to be utilized as a basis for energy conservation30 policies and actions.31 (d) Identification, on a statewide llnd basis, of32 reqwred electric facilities consistent with the33 commission s anticipated level ofdemand34 (e) An analysis and evaluation ofthe means by which35 the current annual rate ofdemand growth ofelectrical36 energymay be reduced, together with an estimate ofthe37 amount ofsuch reduction to be obtained by each of the38 means analyzed and evaluated, including a statement of39 the impact ofsuch reduction on the factors reviewed by40 the commission set forth in Sech·on 25304 andsubdivision

AD 1575 -18-

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10111213141516171819202122232425262728293031323334353637383940

1 (a) ofthissecb·on.2 25306. The commission shall distribute the report3 required under Section 25305 to the same persons, and4 under the same condih'ons, as prescribed in Section5 25302.6 25307. Within three months after distribution of the7 commission 50 preliminary report pur~{;uant to Sectidn8 25306, the commission shallholdpublic hearings ofwhich9 at least one shall in the City ofSacramento to obtain the

10 views and comments of the electric utl1ities,11 governmentalagencies, privategroups, and thepublic on12 the commission 50 proposals and recommendationS.13 25308. fVithin three months after completion of the14 hearings specified in Section 25307, the commission shall15 establish and include within the commission 50 biennial16 report to the Governor and the Legislature, as specified17 in Section 25309, all of the foUowing:18 (a) The level ofstatewide and service area electrical19 energy demand for the forthcoming 5- and lO-year20 forecast or assessment period which, in thejudgment of21 the commission, will reasonably balance requirements of22 state and service area growth and development,23 protection of public health and safety, preservation of24 environmental quality, and conservation of energy25 resources. Such 5- and lO-year forecasts or assessments26 established by the commission shall serve as the basis for27 planning and certification of facilities proposed by28 electric utilities..29 (b) The anticipatedlevelofstatewide andservice area30 electrical energy demand for 20 years, which shall serve31 as the basis for action by the commission and other32 appropriate public andprivate agencies in the following:33 (1) Demand-reducing policies.34 (2) Conservation ofenergy fuels.35 (3) Development ofpotential sources of energy.36 (4) Other policies and actions designed to affect the37 rate a/growth in demand for electrical energy.38 (c) A list, including maps.. ofexisting electrical power,39 generating sites, indicating those where the commission40 has determined that expansion is feasible withill the

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2 1.575 240 72

1 forthconling lo-year period2 (d) A list, including maps, of addih'onal electrical3 generahng sites, including the generatIng capacity ofthe4 sites and the type offuel and othergeneralcharacteristics5 ofthe facilih'es which, as determined by the commission,6 will be required to meet the lo-year level of electrical7 energy demand established by the commission as8 specified in subdivision (a) of this section.9 25309. Beginning March 1, 1976, and every two years

10 thereafter, the commission shall transmit to the Governor11 and the Legislature a comprehensive report designed to12 identify emerging ·trends related to energy supply,13 demand, and conservation and public health and safety14 factors and to provide the basis for state policy and15 actions In relation thereto, including, but not limited to,16 approval ofnew sites for additional rocilihes. The report17 shall include, but not be limited to; aU ofthe following:18 (a) An 'overview, looking 20 years ahead, ofstatewide19 growth and development as they relate to future20 requirements for energy, including patterns, of urban21 metropolitan expansion, statewide and service area22 economIC growth, shifts in transportation. modes,23 modifications in housing types and design, and other24 trends and factoTs- which, as determIned by the25 commission, will significantly aHect state energy policy26 and programs.27 (b) Updahng of the 5-, .10-, and 20-year levels of28 statewide IHld service area demand for electrical energy29 specifiedIn subdivisions (a) and (b) ofSection 25308. The30 commission shall present supporting information to31 explaJn upward or downward shifts from the previous32 estimates.33 (c) Updating of the list, including maps, specified in34 subdivision (c) of Section 25308,' of existing electrical35 power generating sites where' -Further expansion is36 considered feasible.37 (d) UpdatIng of the list, including maps, specified ;n38 subdivision (d) ofSection 25308, ofaddih·onal electrical.39 generating sites and the generating capacity required40 within each service area of the state within the

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AB 1575 -20-

1 in 10-, e period. .2 .~ van and apph'cabJe air and water quabty3 . 11 ds pIi 'Scn'bed by any local, regional, state or4 It. r. I gency, to b identifiedby the commission, in any5 particular service area. Standards and guidelines related6 to IIL1d use control and other forms of environmental7 protection and public safety standards to be adopted by8 the commission.9 (I) Based upon the commission 50 2O-year Forecasts or

10 assessment of growth trends in energy consumption,11 identificab'on of potential adverse social, economic, or12 environmental impacts which might be imposed by13 continuation of the present trends, including, but not14 limited to, the costs of electrical and other Forms of15 energy to consumers, significant increase in air, water,16 and other forms ofpoBubon, threats to public health and17 safety, and loss ofscenic and natural sites For Facilities.18 (g) Assessment of the states energy resources,19 including among others, Fossil Fuels and nuclear, solar,20 andgeothermalsources,' examination ofthe availabilityof21 commercially developable Fuels, including imported22 Fuels, during the forthcoming 10-and20-yearpeTlods; and23 recomm~ndations regarding measures to be applied to24 conserve energy fuels.25 (h) An analysis and evaluation ofthe means by which26 the current annual rate ofdemand'growth ofelectrical27 energymay be reduced, together with an estimate ofthe2B amount ofsuch reduction to be obtained by each of the29 means analyzedandevaluated, including, butnotlimited30 to~ a statement of the impact of such reduction on the31 lactors reviewed by the commission set Forth in Secb'on32 25304 and subdivision (a) of this section33 (1) The status of the commissions ongoing research34 and develop/nent program directed to energy supply,35 denland, and conservab'on and description of new36 projects which have been proposed for funding as37 specified in Chapter 7 (commencing with Section 256(0):18 of this division.:39 (;) Description of the commission s adopted plan for40 ernergency measures to be applied in the event of

2 157.5 z.~ 75.

1 impene2 ofeneJ3 Secb'ol45 eRA67 25408 assessn9 presen

10 encow11 meet l

12 undesl13 oFene14 254G15 studie~

16 activit17 distrib18 state"19 nuclel20 studie21 collec,22 wastej23 electr.24 folloK25 (a)26 (b)27 (c)28 incre~

29 (d)30 (e)31 tranSJ32 The33 comn34 comn35 infoTJ36 surV637 whicJ38 Legij39 effici40 shall

AD 1575-21-

2 1375 265 77

25400. The commission shall conduct an ongoingassessment of the opportunities and constraintspresented by an forms ofenergy. The commission shallencourage the balanced use ofall sources of energy tomeet the states needs and-shaD seek to avoid possibleundesirable consequences ofreliance on a single sourceofenergy.-

25401. The commission shall continuously carry (Jutstudies, research projects, data collection, and otheracb'vities required to assess the nature, extent, anddistribution ofenergy resources to meet the needs ofthestate, including but not limited to fossil fuels and solar,nuclear, andgeothermal resources. It shallalso carry outstudies, technology assessments, research projects, datacollection and other activities directed to reducingwasteful, inefficient, unnecessary, or uneconomic uses ofelectrical energ}~ including but not limited to, all ofthefollowing: .

(a) Pricing ofelectrical and other forms ofenergy.(b) Improved housing design and insulation.(c) Restriction of promob'onaJ actil,jties designed to

increase the use ofelectrical energy by consumers.(d) ImpJooved appliance efficiency.(e) Advancements in power generation and

transmission technology.The commission shall continually assess the potentialof

commercially developable energy resources. Thecommission shaD be a cer.ltral repository of data andinformah'on on energy resources. The commission shallsurvey pursuant to this section all forms olenergy onwhich to base its recommendations to the Governor andLegislature for elimination of waste or increases ineDlciency for sources or uses ofenergy. The commissionshall transnlit to the Governor and the Legislature, as

impending serious shortage ofelectrical and other formsofenergy as provided in Chapter 8 (commenc~ng withSecb'on 257(J()) of this division.

CHAPTER 5. ENERGY RESOURCES CONSERVATION

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, 18, 19f 20i 21~ 22'} 23

24~ 25tl 26~ 27~ 28i 29e 30rJ 31

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ABl575 -22-

1 part of the biennial report spe~i1ied in Se~tion 25309,2 recommendations for state policy and actions for the3 orderly development ofallpotenb'aJ sources ofenergy to4 meet the ..,tatesneeds, including, butn()t limited to, fossil5 fuels andsolar, nuclear, andgeothermalresources, and to6 reduce wasteful and ineHicient uses ofenergy,7 25402, Within one year aftfJr the effective date ofthis8 division the commission shall, after one or Inore public9 hearinis, by regulabons, do all ofthe following, in order

10 to reduce the wasteful uneconomic, inefficie/lt, or11 unnecessary consumpb'on ofenergy:12 (a) Prescribe minimum standards for lighbng,13 insulation, climate control systems, and other building14 design and construction aspects which increase the15 efl1cient use ofenergyand which result in energysavings16 or a reducbon of electrical energy capacity. Such17 standards shall be economically feasible in that the18 resultant savings in energyprocurement shall be greater19 than the cost of the energy consuming requirements20 amortized over the designed life ofthe building. No city21 or county shall approve any building permit unless the22 standards prescribed by the commission pursuant to this23 section are satisfied24 (b) Prescribe pet unit energyrequirement allotments25 based on square footage for various clas!it3s ofbuildings26 which would reduce the growth rate ofelectrical energy27 consumption and which are technically feasible, No city28 or county shall approve any permit for any bUIlding29 unless the design of such building meets the energy30 allotment prescribed by the commission pursuant to this31 section.32 (c) Prescn'be rmnimum level of operabng efficiency33 for all appliances whose use, as determined by the34 commission, require a significant amount of electrical35 energy on a statewide basis. Such minimum levels of36 operabng efficiency shall be based on attaInable37 efficiencies or improved feasible efficiencies which will38 reduce the electrical energy consumption growth nlte,39 After six months following the date of the adoption of40 such minimum levels of operating efficiency, no

2 1575 27;) 79

1 appiianci2 by the n3 such mJ4 minimul5 consum~

6 electrica7 for the G

8 (d) Pi9 construe

10 technica11 providel12 pursuanl13 of this14 commis~

15 25403.16 Ubnties17 utJ1ity, 1

18 unneces19 thrO{1gh20 aUoc'atio21 adverbS.22 the use23 pricing.24. pubHcly.25 such ree.26 the de27 recomn28 Corrimi~

29 that i30 reeomn31 Legislat32 why J

33 recomn34 2;J40435 Office (36 andoth37 ensu.re38 inet1ici~

39 include40 local pI

AD 1575-23-

2 1575 290 82

- , ., '. \.. "'11- ~'''''''··''.1• ... . '.,: .. 1(.' -.... ... "\Iio. .~r:i'- •

1 appliance may be sold in the state which is not certified2 by the manufacturer thereof to be in compliance with .3 such minimum level of operabng efRciency. Such4 minimum levels ofeHiciencyshallnotresult in anyadded5 consumer costs which exceed the cost to the consumer of6 electricalprorurementrequired to operate the appliance7 for the design life ofsuch appliance.8 (d) Prescribe minimum standards of efficiency Eor9 construction and operation ofany new facility which are

10 technically and economically feasible, Except as11 provided in Section 25529, no facility shaD be oertified12 pursuant to Chapter 6 (commencing with Section 255(0)13 of this division U' the standards established by the14 commission are not met15 25403. The commission shall submit to the Public16 Utilities Commission and to an)' publicly owned electric17 utility, recommendation.~ designed to reduce wasteful,18 unnecessary, or uneconomic energy consumption19 thr~gh diHerential rate structllre5~ cost-aI-service20 allocations, elimination as a busines~~ expense, oE21 advertising or promotional activities f¥hit:h encourage22 the use ofelectrical power, peakload pricing, and other23 pn'cing measures, The Public Utilities Commission or a24 publicly owned electric utillty shall review and consider25 such recommendations and :,1Jall, l-vithin six months after26 the date it receives theol, implement such27 recommendations. In the event the Public Utility28 Commission or any pubJi('~v owned eleotric utl1ity finds29 th:lt it is not feasiblt to implement slU'h.30 recommendations, it s.hall report to the Governor, the31 Legislature, and the commission setting forth the reasons32 why it is not feasible to implement such33 recommendations.34 2iJ404, The commission shall cooperate with th(~

35 OHice ofPlanning and Research, the Resources Agency36 and oth~rinterestedparties in developing procedures to37 ensure that mitigation measures to minimize wasteful,38 ineD}cient, and unnecessary consumption ofenergy are39 includedin all environmentalimpactreports required on40 local projects as specified in Secb'on 21151.

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14 compa!15 the C'JTJ

16 and tht17 other,18 desirab.19 2550~

202122232425262728293031323334353637383940

l CII.4PTER 6. POlVER FACIUTY CERTIFICA TION

2 1575 300 84

3 25500, In accordance with the provisions of this4 dinsion. the co.mmission shall have the exclusive powerl) :111d re..,ponsibili~y to cerhly sites for all facilities in the6 state, except for any facJ1ity located in the permit area,7 whctht"'r designed to meet the requirements of a new8 hicilit.y or to change or add to an existing facility.9 After the eH'ech've date ofthis division, no construction

10 of,lny hlcilitx or modification ofany existing facility shall11 be cOl11111enced without first obtaining certification for12 tillY such facility by the commission, as prescribed in this13 diVIsion14 The prOVISIons of this division do not apply to15 COllstruction of any new facility or modification ofany16 existing facllity for which the Public Utilities Commission17 h;ls issued a Cerhncate of Public Convenience and18 _Vecessity before the effective date ofthis division,19 25501. Each person who submits to the commission a20 notice ofintent for any proposedgenerating facility shaD21 accompany the notice with a fee ofone cent ($0.01) per22 kiJowult of net electric capacity of the proposed23 generation facility; Such fee shall only be paid on one of24 the ;11ternate proposed facility sites which has the highest25 electrical designed capacity, In no event shall such fee be26 less than one thousand dollars ($1,()()()) ·nor more than27 twenty-five thousand dollars ($25,()()()) ,28 For any other facili(y, the notice shall be accompanied~9 by ii fee oflive thousand dollars ($5,()()()) , Such fee shall30 (wi)' be paid on one of the alternate proposed facility,31 sites.32 25502. The notice shall be in 8 form specified by the33 COI11111i,,'Sion and shall be supported by such additional34 inforIJ1ation and technical documentahon as the.1.5 c()rnlllJssiol1 nJay require,.36 25503. The notice shall state the intention of thl'?,17 applicant to hle an application for a facility and shall:V) propose at ICEl~t th~ee site locations for each new faCIlity,:~9 ;;t lens! one of J,v}llch shaJJ not be located in whole or in'W part, in the cow;tal zone, If modification of an eXIsting

~ H 15i5 -24-

2 1,,)7~ 310 HI)

AD 1575-25-

1 facw'ty is proposed, the commission may require that2 alternab"ve methods ofproviding the addib"onaJ sen-'ice3 or making the proposed modification be specified in the4 nob"ce.5 25504. The notice shall include a statement by the6 applicant descn'bing the size ofthe proposed facility; the7 type or types of fuels to be used; the methods of8 construction and operation; the proposed site of the9 facility; together with location ofassociated transmission

10 lines; a preliminary statement of the relative economic,11 technological, and environmental advantages and12 disadvantages of the alternative site proposals specified13 in the notice; a statement of need for the facility and14 compatibih'ty with themostrecent biennialreport which15 the commission is required to submit to the Governor16 and the Legislature.pursuant to Section 25309; and any17 other information that an electrical utW'ty deems18 desirable to submit to the commission.19 25505. Upon receipt ofa notice, the commission shall20 cause a summary of the notice to be published in a21 newspaperofgeneralcirculation in each county in whiciJ22 t.he facility, or any part thel'eof, designated in the nob'ce23 is proposed to be located The commission shall also24 transmit a copy of the notice to each federal, state,25 regional, and local agency havingjurisdicb'on or interest26 in matterspertinent to the proposed facility atany ofthe27 alternative sites, A copy of the notice shall also be28 transmitted to the Atto.rney General,29 25506. The commission shalJ request the appropriate30 local, regional, state, and federal agencies to make31 comments and recommendations regarding the design,32 operab'on, and location of the fa~ility designated in the33 notice, in relation to environmentalquality, public health34 and safety, and other factors on which they may have35 experhse,36 25507. Ifany siting alternative proposed in the notice37 is proposed to be located.. in whole or in part, within the38 coastal zone, the cO.71mission shall transmit a copy ofthe39 noh"ce to the California Coastal Zone Conservation40 Comnlission, The commIssion shall request that the

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AB 1575 -26-

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Cailforoia Coastal Zone Conservation COlnmissioncomplete an analysis olany coastal zo.n.e site and lorw~rdpreliminary findings olthe acceptabilIty ofany such sIte,prior to compleb'on ofthepreliminaryreport reqmred bySection 25515-

25508, The commission shall cooperate with, andrender advice to, the C81ifornia Coastal ZoneConservation Commission and IlJJ appropriate regionalcoastal zone conservab'on commission in studyingapplications for any Facility proposed to be located, inwhole or in part, within the pel'mit area, ifrequested bysuch coastal zone commissions, and may invite thenlembers of the CalIfornia Coastal Zone Conservahon(7omrrussion and regional' coastal zone conservah'oncommissions to parb'cipate in pubHc hearings on thenotice and on the appHcation for facl1ity certification, inconnection with matters ofmutual concern, as interestedparb'es in such proceedings.

25.'509. No earlier than one month, and no later thanthree months, following the date offiling ofa noNce fora proposed Facility, the commission shall conduct one ormorepublic hearings in each countyin which the filcility,or any part thereof, designated in the notice is proposedto be located.

Any person may participate, to the extent deemedreason/ible and relevant by the presiding member ofthecommjssion~ in any such hearing. Such hearings shall beconducted in order to accomplish all of the followingpurposes:

(a) To ascertain and set forth the electrical demandbaSIS for the purposed site of the faCl1ity.

(b) To provide knowledge and understanding ofproposed facilities and sites,

(c) To obtain tht;} views and conlments of the publicand concerned governmental agencies on theenvironmental, public health and safety, economic,soci.!J1, and land US/~ impacts ofthe facility at the proposedsites.

((1) To solicit information regarding reasonablealternative sources of the power to be provided by

2 J575 32.'5 89

1 alternative site~

2 better carry Ol

3 division.4 25510. Upon5 held pUI'suant6 determine the7 sites designatc(8 matters, the ca9 determining co~

10 with tlie comm11 the applicable Ie12 ordinances, or ~

13 25511. The14 related to safe(15 the alter~PJative,16 to other infon17 commission sha18 alternatives, re19 emergency SY5

20 transport, han421 proposed metb22 fuels, special d23 other potenh'aJ24 density of PD.l25 powerplants,26 commission IT;

27 reliabl1ity and i

28 The commissio29 by the appliclJl30 onsite investilJi31 shall determin,32 the applicant33 shall include34 required by St35 25512, The36 any local, regil37 information, u.38 actions neces~

39 evaluation of t40 25513. The

AD 1575-27-

2 1~7~ 335 91

1 alternah've sites, or combinations thereof, which will2 better carry out the policies. and objectives of this3 division.4 25510. Upon completion of the hearing or hearings5 held pursuant to Section 25509, the corilmission shall6 determine the acceptabl1ity of each of the alternative7 sites designated in the notice, In addition to 'other8 matters, the commission s analysis shall be directed to9 determining conformity ofeach ofthe siting alternatives

10 with tJie commission sadopted forecasts ofdemand and11 the applicable local, regional, state, andfederal standards,12 ordinances, or laws.13 25511. The commission shall review the factors14 related to safety and reliab11ity of the facility at each of15 the alter~'1ativesites designated in the notice. In 'addition16 to other information requested of the applicant, the17 commission shall, in determining a. more appropriate site18 alternatives; require detailed information on proposed19 emergency systems and safety precautions, plans for20 b-ansport, handling and storage of wastes and fuels,.21 proposedmethods to prevent illegal diversion ofnuclear22 fuels, special design features to account for seismic and23 other potential hazards, proposed methods to control24 density of population in Breas surrounding nuclear25 powerplants, and such other infor.mation as the26 commission may determine to be .relevant to the27 reliabJ1ity and safety ofthe facility at thtl proposed sites.28 TIle commission shall analyze the informatio.rl provided29 by the applicant, supplementing it, where necessary, by30 onsite invesh'gations and other studies. The commission31 shall determine the adequacy ofmeasures proposed by32 the applicant to protect public health and safety, and33 shall include its findings in the preliminary report34 required by Section 25515. .' , .35 25512. The commission nlay request cooperation of36 any local, regional, state, or federal agency in obtaining37 information, undertaking studies, and performing other38 actions necessary to secure complete hIid adequate39 evaluation ofthe alternate sites designated in the notice.40 25513. The commission shall consider the comments

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AB 1575 -28-

1 and recommendaHoi1s regarding land use,2 environmental impact, affect on pubh'c health andsafety,3 or other factors relating to an alternative site designated4 in the nobce which are submittedatany time prior to the5 publication ofreport reqwred by Secb'on 25515.6 25514, At any Hme prior to compleb'on of the7 preliminary report required by Section ~'25515, the8 commission may with the consent of the applicant,9 amend any alternaHve site proposal contained in the

10 notice, or, add any additional alternab've site proposal to11 the' nobce,12 25515. The commission shall prepare a prehininary13 report on the alternative sites, The COUll'nission may14 include within the preliminary report any other15 alternatives proposed by the commission or presented to16 the commission at a public hearing prior to preparation17 ofthepreliminaryreport, Thepreliminaryreportshallbe18 pubhshed and made available to the public and to19 lilterested local, regional, state, and federal agencies not20 later than 30 days pn'or to any hearing required under21 SecHon 25517.22 25516. The preh'minary report shall be based upon23 teshinony presented during any hearing on tlle notice,24 the comments transmitted by local, regional, state, and25 federal agencies and the pubh'c to the commIssion, and26 the independent studies conducted by the commi..fision s27 staff. The preliminary report shaD include the findings28 and conclusions of the commission with respect to all of29 the following:30 (a) The degree to which each alternab've site proposal31 designated in the notice or plesented at a hearing and32 considered by the commIssion IS in conformity with both33 of the following:34 (1) The forecast of st!jte and regional electric power35 demands adopted pursuant to Section 25308.36 (2) Applicable local, regional, state, and federal37 standards, ordinances, and laws,38 (~) Relat!'onship 0.[ each alternative site proposal39 deSIgnated 1n the notice or presented at a public hearing40 and considered by the commIssion,

2 1575 345 9:J

1 . (c) Th2 the sites3 commissJ4 25517-5 one year6 ofthehe47 the comJ8 each COL9 located.

10 deemed11 member12 ThepurJ13 the con14 apphcan.15 the publ16 and otht17 25518,18 recomml19 hearings20 further ~

21 six mon22 hearing523 prepare24 final rep25 foUowin.26 (a) T27 regardiI.28 in the J

29 hearin~

30 the foll,31 (1) 132 demanQ33 253CJ,34 (2) 135 standan36 site,37 (b)}38 Califorr39 regiona40 conforn

2 1573 360 96

1 . (c) The safety and reliability ofthe facility at each of2 the sites designated in the notice as determined by the3 commission pursuant to Section 25511.4 25517. No earlier than ninemonths, andnotlater than5 one year and eight months, after the date ofcompletion6 ofthe hearing orhearingsheldpursuant to Section 25509,7 the commission shall conduct one or more hearings in8 each county in which the proposed facility is to' be9 located. Any person may participate, to the extent

10 deemed reasonable and relevant by the presiding11 member ofthe commission, in such hearing or hearings.12 The purpose ofthe hearing orhearings shaD be to secure13 the comments of interested parties, including the14 applicant, local, regional, state, and federal agencies, llI1d15 the pubhc on the commissions findings and conclusions16 and other matters set forth in the preliminary report.17 25518. The commission shall consider the comments,18 recommendations, andissuespresentedat the hearing or19 hearings on the preliminary report and shall undertake20 further study ofsiting alternatives as necessary.' Within21 six- months after the completion. of the hearing or22 hearings required by Section 25517; the commission shall23 prepare andmakepublic Ii final report on the notice. The24 final report shaD include, but not be limited to, aD ofthe25 following:26 (a) The findings and conclusions of the commission27 regarding the conformity ofalternative sites designated28 in the notice or presented at the public hearing or29 hearings and reviewed by the commission with both of30 the following:31 (1) The lo-year forecast ofservice area electric power32 demands adoptedpursuant to subdivision (b) ofSection,33 253CJ.34 (2) The applicable. local, regional, state, and federal35 standards, ordinances, or law as to any particular facility36 site.37 (b) Any Findings and comments submitted by the38 California Coastal Zone Conservation Commssion or any39 regional coastal zone conservation commission regarding40 conformity of any siting alternative proposed in the

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AB 1575 -30-

1 (,o~lstal zone with policies~ regulations~ or g,-: -'~~lines

2 established by the commission. Such findli.lgs and3 C0I11ments~ however~ shall not constitute approval ofany4 pennit required from any regional coastal zone.5 conservation commission or California Coastal Zone6 Consen/ation Comnl1ssion on appeal7 (c) The commission s ruling on the acceptability of8 each alternative siting proposal designated in the notice9 or presented at the public hearings and reviewed by the

10 COlflIllission. In its decision on any alternative siting11 proposal, the commissiun mayspecIfyolodification in the12 de.'t1'gn~ construction, location, or other conditions which13 will -Ineet the standards, policies, and guidelines14 established by the commission.15 25519. The approval ofthe notice by the commission16 shall be based upon its findings in the final report. The17 notice shall not be approved unless the commission finds18 at least two alternative site proposals considered in the19 commission s final report as acceptable. If the20 commission does not find at least two sites acceptable,21 cldditional sites may be proposed by the applicant which22 shall be consideredin the same manneras thoseproposed23 in the original noh·ce. _24 25520. Any person proposing to construct any facility2.5 shall file an applicah'on for cerh'fication within three26 yetlrS after the date ofpublica~'onof the final report on27 the notice.28 An application may only be filed for a site fouIld29 acceptable in the commission sfinal report on the notice.30 25521, The application shall be in a form prescribed:31 by the cOlflmis~ionand shall include, but not be limited,'32 to: all of the following: .33 (a) A detailed description ofthe desigJ'1~ construction,,'34 and operation of the proposed facility.35 (h.), Safety and reliab.ility information, includinu, in:36 fiddItlon, to doculnentatlon previously providedpur;~ant.'37 to SeC~IOl1 25511. planned provisions for emergency,'3?3 operatIons find shutdowns. .,'39 (c) ./1 ~ailablc site information includipg maps and40 descnptlons ofpresent lind proposed development lUUI,

2 1,'575 370 9R

1 as appropriat«2 water supplyS justification f(4 (d) Such c5 operation, an(6 specIfy.'1 25522. Upl8 commission oS

9 necessary to10 reporting prj11 21100. For p~12 environment13 commi"sion ~

14 .Section 2116t.15 located with16 provided in17 21()()()), the18 completed19 application.20 25523. If21 application i~

22 the commissJ23 the Californj24 for its revieIJ25 25524. lJJ26 shall forwar27 agencies hal28 area of the .29 review the a30 other t!Jing~

31 aesthetic fe.32 landscaping33 of the facil34 design~ con35 facility.36 25525. U.37 shall cause fl

38 in a newsp~

39 which the Ie40 application~

2 1:57:5 385 101

1 as appropnate, geological, aesthetic, ecological, seismic,2 water supply, population and load center data, and~ justification for the particular site proposed4 (d) Such other information relating to the design,5 operah'on, andsitingofthe facility as the commission may6 specify.'7 25522. Upon receipt of the application, the8 commission shall undertake studies and investigations9 necessary to comply with the environmental impact

10 reporting procedures established pursuant to Section·11 21100 For purposes ofpreparation and approval of the12 environmental impact report on a proposed facility, the13 commiysion shall be the lead agency as provided in14 Section 21165, except as to any facility propc'Jed to be15 located with;n the permit area. Except as otherwise16 provided in Division 13 (commencing with Section17 21{}()()), the environmental impact report shall be18 completed within one year after receipt· of the19 application. .20 25523. If the siting proposal specified in the21 apph'cation is proposed to be located in the coastal zone,22 the commission shall transmita copyofthe application to23 the California Coastal Zone Conservation Commission24 for its review and comments.25 25524. Upon receiptofan application, the comnJission26 sha/J forward the application to local governmental27 agencies havir~ land use and related jurisdiction in the28 area of the proposed facl1ity. Such local agencies shall29 review the application and submit comments on, among30 other t!Jings, the design of facility, architectural and31 aesthetic features of the facility, access to highways,32 landscaping and grading, public use oflands in the area33 of the facility, and other appropriate aspects of'the34 design, construction:! or operation of the proposed35 facility.36 25525. Upon receiptofan application, the commission.37 shall cause a summary ofthe application to be published38 in a newspaper ofgeneral circulation in the county in39 which the facility:! or any part thereof, designated in the40 applicah'on:! is proposed to be located The commission

Aft 1575-31-

AD 1575 -32-

1 shall transmit a copy of the applicah'on to each federal2 and state agency havingjurisdich"on or specialinterest in'3 matters pertinent to the proposed facility, and to the4 Attorney General.5 25526. Upon completion ofthe environmentalimpact6 report on the apph'cah"on, but not earlier than three7 months and not later than one year after receipt of the8 application, the commission shalJ conduct at least one9 public hearing in the county in which the facility, or any

10 part thereof, designated in the application is proposed to11 be located. .12 Any person may participate, to the extent deemed13 reasonable and relevant by the presidingmember ofthe14 commission, in such hearing or hearings.15 25527. Within three months, but not later than nine16 months after completion of the hearing or hearings on17 the applicabon, the commission shall 'issue a written18 decision on the application. The decision shall include all19 of the following:20 (a) Findings regarding the conformityoftheproposed21 facility with the iO-year forecast ofstate.andservice area22 electric power demands adoptedpursuant to subdivision23 (b) ofSection 25309. '24 (b) Findings regarding the conformity of the25 proposed facility to public safety standards and the26 applicable air and water quality standards, and other27 local, regional, state, and federal standards, ordinances, or28 laws.29 (c) Specific provisionsrelahng to thema11ner1n which30 the prop~sed 'Facility is to be designed, sited, and31 operated 1n order to protect environmental quality and32 assure public health and safety.33 (d) The commission 50 decision on issuance or denial of34 the certification for any facility contained in the35 application.36 2552,8, T~e commiss~on ,shall not certify any facility37 contaIned In th~ ,appllcatJon, unless its find1ngs with38 respect to subdIVISIon (a) of Secb'on 25527 are in the.39 affirmative.40 25529" The commission shall not certify any facllity

2 1,57~ 395 103

1 conta1nedin2 does not COl3 Section 25~

4 such facilit)5 necessity ai.6 feasible mea7 necessity. Il8 finding in9 regulation.

10 25530. TJ11 contained iJ12 located, 1n R

13 a permit fa14 appropriate15 commission,16 Commission17 regional co~

18 California (19 appeal, hOR

20 commission21 conta1ned in22 25531. TJ23 contained iJ24 located 1n III

25 other area u26 managed J(27 preservatiol28 25512. 7:29 certificah'on30 that any cit)31 a facility in32 any district33 facility out~

34 jurisdich"on,35 ofproperty l

36 or county.37 determ1ned38 25533. T39 certification40 thIlt the app

2-ab 1575

2 1575 410 106

2--ab 1575

1 containedin the application when it finds that the facility2 does not conform with the findings ofsubdivision (b) of3 Sech"on 25527; unless the commission determines that4 such Facility is required for public convenience and5 necessity and that there are not more prudellt and6 feasible means ofachievingsuch public convenience and7 necessity. In no event shall the commission inake any8 finding in conflict with applicable federal law or9 regulation.

10 25530. The commission shaD not certify any facility11 contained in the application which is proposed to be12 located, in whole or in part, within thepermitarea unless13 a permit for the facility has been obtained from an14 appropriate region'al coastal zone conservation15 commission, or the California C@astsJ Zone Conservation16 Commission on. appeal. Approval of'll permit byai1Y17 regional coastal zone conservation commission, or the18 California Coastal Zone Conservation Commission on19 appeal, however, shall he!' eHect the authority of the20 commission to deny certification for any Facility21 contained in the application, asprovidedin this division.22 25531. The commission shall not certify any facility23 contained in the applicatioll which is proposed to be24 located in any state, regional, count;y, or city park or any25 other area under the jurisdiction ofa pubic agency and213 managed for wildlife protection, recreation, historic27 preservation, or scientific study.28 25532. The commisson shaD require, as a condition of29 certification ofany facility contained in the applicabon,30 that any city, cityand county, orcounty, proposing to site1 a faCIlity in another city, city tmd county, or county, or

32 ' ny district or other public agency proposing to site a33 h cility outside its district or the bOUIJdaries of its34 jurisdiction, shaD provide for an annual payment in lieu3 ofproperty taxes on such site to such city, cityandcounty,36 or COUllty. The amount of such payment shall be.37 determined by the State Board ofEqualization.38 25533. The commission shallreqwre, as a condition of39 certification ofany facility contained in the application,40 thIlt the applicant acquire development rights oflands in

AD 1575-33-

345 103

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of therd the, otherrces, or

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2 )~7~ 420 108

1 the area oftheproposed facility which, as the comm~ss~on2 determines, are necessary to control future popwatlon3 growth and land use in the interests ofpublic health and4 safety.5 25534. When a facility isproposed to be locatedin the6 coastal zone or any other area with recreational, scenic,7 or historic value, the commission shall require, as a8 condition ofcertiFcation ofany facility contained in the9 application, that an area be established for public use, ~.

10 determined by the commission. Lands within such area11 shall be acquired and maintained by the applicant aJld

12 shall be available for public access and use, subject to13 restrictions required for security and public safety. The14 commission shall also require that any facility to be15 located along the coast or shoreline ofany major water16 body be set back from the shoreline to permitreasonable17 pubh'c use and to protect scenic and aesthetic values.18 25535. Ifa certifioation ofauy facility containedin the19 application is denied, the commission shall require that,20 any onsite improvements be removed and the site be21 . restored as determined by the commission to be22 necessary to preserve and protect environmental23 resources.24 25536. The commission mayamend the conditions of,25 or revoke the certification for, any facility for any ofthe26 following reasons:27 (a) For any material false statement set forth in the28 applicab'on, presentedin proceedings ofthe commission,29 or included in supplemental documentation provided by30 the applicant.31 (b) For failure to comply with the terms or conditions32 of approval of the application as specified by the33 commission in its written decision.34 . (c) For violation ofanyprovision ofthis division orany35 regulation or order issued by the coinmission under this36 division.37 25537. The cornmission shall establish a monitoring38 system to assure that anx facility certified under this39 division is constructed and is operating in compliance40 with air and water quality, public health and safety, and

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10 25.1112131415J.6171819202122232425262728293031323334353637383940

-34-AD 1575

2 1575 430 110

CHAPTER 7. RESEARCH AND DEVELOPMENT

AD 1573-35-

25600. The commission shall carryon a program ofresearch and development ofe.nergy resources, and shall

1 other applicable regulations, guidelines, and conditions2 adopted or established by the commission or specifiedin3 the written decision on the apphcation. In designing and4 operating the monitoring system, the commission shall5 seek cooperation and assistance 01 the State Air6 Resource.s Board, the Stete Water Resources Control7 Board, the Department of Health, and other state,8 regional, and local agencies which have interest in9 environmental control;

10 25538. Pending completion of the state and service11 area forecasts of electric power demands specified in12 Section 25309, the commission shall accept and process13 notices and applications as provided in this section.14 During this period, the commission may utilize, for15 purposes of determining the acceptability of siting16 proposals asprovidedin subdivision (a) ofSection 25518,17 the 5- and 10-year forecllSts of loads and resources18 prepared annually by the Public Utilities Commission.19 However, the commission may not certify any facility20 contained in the application until it has independently21 prepared and adopted forecasts and assessments of22 demand snd reviewed proposed Faf!ilities in relation23 thereto lIS specified in Section 25527-24 25539. Upon. approval of an application, the25 comIlLjsion shall Forward to the Atomic .Energy26 Commission, the EnvironmentalProtection Agency, and27 to other appropriate Federal agencies, the results ofits28 studiesincluding the environmer)ta1impact]'eporton the29 facility, the written decision on the facility contained in30 the application, and the commission s determination of31 facJ1ity safety and reliability lIS providedin Section 25511.32 25540. All payments made pursuant to this chapter33 are an integralpart ofthe cost ofthe proposed facility for34 allpurposes including, butnot limited to, the rate base of35 the applicant.3637383940

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AB 1575 -36-

1 giJ"e pn'ority to those forms ofresearch and development2 which 'wiD have unique benefits to the state, including,3 but not limited to, methods of energy conservation4 specifiedin ~~apter5 (commencing with Section 254(0),5' increased eHicit:-'!1t uses of existing thermal electric and6 hydroelectn'~? powerplants, increased efficiencies in7 designs offossil fuel and hydroelectric powerplants, and8 other measures specified in Sech'on 25{j():J. Such program9 may include research and development in, energy supply

10 and demand and the technolo...qy ofsiting 'facilih'es.11 25601. Beginning with the 1976-77 fiscal year, the12 commission 'shall each year submit to the Governor for13 inclusion in the state budget an integrated program of14 propo.~ed research and development projects including15 the pn'orityitems establishedin Sech'ons25600andP5602.16 The commission shaD describe the objectives and17 anticipatedendproductofeachproject, funding andstaff18 reqwrements, timing, and other information which is19 necessary to adequately descnhe the projects. Aspart of20 such submittal, the commission shall describe the21 progress ofits programs;22 25602. In addition to measures to conserve energy23 resources specified in Sections 25400 and 25600, the24 commlSSlon shall give priority in its research and25 development program to those problems which are of26 particular relevance to this' state, including, but not27 limited to, all of the following:28 (a) Exploration and accelerated development of29 alternative sources ofenergy, including geothermal and30 solar resources.31 (b) Improved methods of construcbon, design, and32 operatioil offacilities to protect against seismic hazards.33 (c) New technology related to coastal and offshore34 siting of facilib'es.35 (d) Expanded use of wastewater and other36 advancements in powerplant cooling.37 (e) Improved methods of power transmission to.38 permit interstate and interregional transfer and.39 exchange ofbulk electric power,40 (I) Aleasures to reduce wasteful and inefficient USes of

2 1575 445 113

1 energy,2 (g) In3 transpor,4 (h) M5 fabricaffi6 metals"7 extractio8 (i) Til9 energy (.

10 (j) ilL11 25603.12 assessme13 related J14 aIle/dev«15 en(~rgy (16 nuclear17 concept~

18 order t19 competi20 and safe21 (comme22 The C,

. 23 agencie~

Z4 construe25 data del26 demonsl27 ~I'uch de~

28 25604.29 this ch~

30 person31 perform32 apply fo33343536 25700.37 provjsio38 ava11ab.~:

39 impend40 ruelsup

2 1373 4M 115

AD 1575-37-

CHAPTER 8. EMERGENCY POWERS

25700. The commission shall, in accordance with the'Tovhions ofthis chapter, restrict the use oF, or limit the

avail. bilityof, electrical or other forms ofenergy to avoidimp '11diJ1g serious shortages ofelecU:ical energy or fossilllel SUP. tiies and to protect the publiC health, safety, and

energy.(g) Implications for energy consumption of shifts in

transportation modes.(h) Methods of recycling, extracting, processing,

Fabricating, handling, or disposing ofmaterials, especiallymetals which require large commitments ofenergy forextraction and manufacturing.

(i) The effect of expanded recycling ofmaterials onenergy consumption.

(j) Improved methods ofenergy demand forecasting.25603. The commission shall carry out technical

assessment studies on all forms of energy and energyrelated problems, in order to influence Federal researchand developmentprioritiesand to be inFormedon futureenergy options, including, but not limited to, advancednuclear cycles, Fusion, Fuel cells, and the total energyconcepts. Such assessments may also be conducted inorder to determine which energy systems amongcompeting technologies are most compatible with healthand safety standards established pursuant to Chapter 4(commencing with Section' 253()()) ofthis division.

The commission shall in cooperation with other stateagencies, undertake, For research purposes, the design,

~4 {;o~'1struction, andoperation oflow-energy buildings using25 data developed pursuant to Section 25401, in order to26 demonstrate the economic and technical Feasibility of27 such designs. ' ,~ 25604. For purposes ofcarrying out the provisions of29 this chapter, the commission may contract with any30 person For materials and services that cannot be31 performed by its staR' or other state agencies, and may32 apply for Federal grants or ew"Y other funding.3334353637383940

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1 welfare.2 25701. (a) Within six months after the effective date3 of this division, each electric utility, person supp1}ing4 natural gas, and fuel manufacturer in the state shall5 prepare and submit to the commission a proposed

emergencyload curtailmentprogram plan or emergency7 distribution plan setting forth proposals for idenh'fying8 priority loads or users in the eventofa .fudden andserious9 shortage of fuels or interruption in electrical capacity.

10 (b) The commiysion shall encourage electric utilities11 to jointly cooperate in preparation ofan emergency load12 curtailment program plan or emergency distribution13 plan. Ifsuch a cooperativeplan is developed between two14 or more electric utilities, such utilities may submit such15 joint plans to the commission in place ofindividualplans16 required by subdivision (a) of this section.17 25702. The commission shall review the emergency18 load curtailment program plans. or emergency19 distn'bution plans submitted pursuant to Sech'on 25701,20 and, within one year after the effective date of this21 division, tbe commission shalladopt an Emergency Load22 Curtailment and Energy Distribution Plan, The plan23 shall be based upon the plans presented by the electric24 utilities persons supplying natural gas, fuel25 manufacturers, and independent analysis and study by26 the commission,27 25703. After the adoption of the plan, each electric28 utility, person supplying J natural gas, and fuel29 manufacturers shall, in the event of serious sudden30 shortage of electrical energy or any fuel, carry out the31 responsibl1ities specified in the plan. .32 25704. ",'ithin four months after the date of33 certiBcatio.n of any new facility, the commission shall34 review and revise the plan based on additional /lew35 capacity attributed to any such Facility,36 25705. The commission shall carry out studies to37 determine ifpotential serious shortages ofelectrical, gas,38 or other sources of energy are likely to occur. If the39 commission Bnds that a serious shortage of electrical40 energy or any fuels, includingpetrochemicals, isprobable

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-38-AD 1575

2 1575 470 118

2 1575 480 120

CHAPTER 10. ENFORCEMENT AND JUDICIAL REVIEW

AD 1575-39-

CHAPTER 9. STATE ENERGY RESOURCESCONSERVATION AND DEVELOPMENT FuND

25800. There is hereby created the State EnergyResources Conservation and Development Fund in theState Treasury. On and after the effective date of thisdivision, each electric utility shall add a surcharge oftwo-tenths ofamOl ($0.0002) perkilowatthour to the costofelectric power sold to consumers in the state.

25801. The Public Utilities Commission shall requireall electric utilities in the state to make quarterlypayments, commencing onJanuary1, ofeachyea.r, to theState Treasurer of all funds received pursuant to· thisdivision, less adminJ:ytrative costs incurred in collectingand transferring such funds to the state. The amount offunds retained by any electric utility for administrativecosts shall not exceed 1.5 percent of. the total fundscoHected by any such utility.

25802. AD the moneys received pursuant to theprovisions ofthis dJ'vision shall be deposited in the fundand shall be subject to state auditing procedure. Themoneys in the fund shall be expended, without regard tofiscal years, for purposes ofcarrying out the provisions oftbis divis 'on, when appropriated by the Legislature.

25900. Whenever the commission lillds that anyprovision of this division is violat~d or a n,olan,on isthreatening to take place whIch constitutes· an

1 in the state"'or anypart ofthe state, the commission may2 take any ofthe foDowing actions:3 (a) Recommend to the Public Utilities Commission4 changes in the rates orrate schedule for electricalpower5 and natural gu.6 (b) Require that electric utilities restrict new service7 connections.8 (c) Allocate electricalenergyand fuels among users to9 assure that critical energy needs are supplied

10111213141516171819202122232425262728293031323334353637383940

1 ergency requiring illlmediate action to protect the2 p blic health, welfare, or safety, the Atto~·ney General,

upon request ofthe commission, shallpetition a court to4 enjoin such violation. The court shall havejurisdiction to

gr, t such prohibitory or mandatory injunctive reliefas6 may be warranted by way of temporary restraining7 ora '1', preliminaryinjunction, andpermanentinjunction8 2/J901. (a) Within 30 days after the cooln1ission issues9 its determination on the application for certification, any

10 aggrieved person may file with the superior court a11 petition for a writ ofmandate for review thereof Failure12 to file such an action shall not preclude a person frOrIl13 challenging the reasonableness and validity ofa decision14 in any judicial proceedings brought to enforce such15 deci'tion for other civil remedies.16 (b) The evidence before the court shall consist ofthe17 record before the commission, and any other relevant18 facts which, in the judgment of the court, should be19 consideredin determining the validity ofany decision of20 the commission.21 (c) Except as otherwise provided herein, the'22 provisions ofsubdivisions (e) and (f) ofSection 1094.5 of23 the Code of Civil Procedure shaD govern proceedings24 pursuant to this section. .25 SEC. 3. No appropriation is made by this act, nor is26 any obligation created thereby under Section 2164.3 of27 the Revenue and Taxation Code, for the reimbursement28 ofany Jocm agency for any costs that may be incurred by29 it in carrying on any program or performing any service30 required to be carried on or performed by it by this act.

AD 1575 -46-

o

2 1575 490 122

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