Bill Text: CA SB1185 | 2019-2020 | Regular Session | Amended
Bill Title: Emergency backup generators: operation during deenergization events.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-07-27 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES. [SB1185 Detail]
Download: California-2019-SB1185-Amended.html
Amended
IN
Assembly
July 27, 2020 |
Amended
IN
Senate
May 26, 2020 |
Amended
IN
Senate
April 17, 2020 |
Introduced by Senator Moorlach |
February 20, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law establishes one or more hearing boards with a specified membership in each air district for the purposes of performing specified functions, including, among others, issuing
specified emergency variances without notice or a hearing.
This bill would require a facility permittee applying for an emergency variance with an air district hearing board to demonstrate that the permitted emergency backup generator is using the cleanest, feasible, available backup power source sufficient to meet the facility’s electrical service demand during a deenergization event, as specified. By expanding the information required for an air district hearing board to review when issuing this type of emergency variance, the bill would impose a state-mandated local program.
(3)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(4)
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for specified reasons.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
(a)For purposes of this section, the following terms have the following meanings:
(1)“Deenergization event” means the proactive interruption of electrical service for the purpose of mitigating or avoiding the risk of causing a wildfire.
(2)“Federally compliant natural-gas-powered generator” means a device used for the generation of electricity that complies with the federal standards of performance for stationary spark ignition internal combustion engines (Subpart JJJJ (commencing with Section 60.4230) of Part 60 of Title 40 of the Code of Federal Regulations) and burns only natural gas for operation during the deenergization event, or, if the generator is located in an
area that does not have natural gas service, burns only propane during the deenergization event.
(b)When applying for an emergency variance pursuant to Section 42359.5, the facility permittee shall demonstrate that the emergency backup generator subject to district permitting requirements is using the cleanest, feasible, available backup power source sufficient to meet the facility’s electrical service demand during a deenergization event. Suitable backup power sources may include, but are not limited to, federally compliant natural-gas-powered generators.
SECTION 1.
Section 41713 is added to the Health and Safety Code, to read:41713.
(a) For purposes of this section, the following terms have the following meanings:SEC. 2.
Section 8385 of the Public Utilities Code is amended to read:8385.
(a) For purposes of this chapter, the following shall apply:SEC. 3.
Section 8388.5 is added to the Public Utilities Code, to read:8388.5.
If an electrical corporation, electrical cooperative, or local publicly owned electric utility has undertaken a deenergization event during a calendar year, the electrical utility shall submit a report, by January 30 of the following calendar year, to the State Air Resources Board and to each air pollution control and air quality management district affected by the deenergization event. The report shall include both of the following:The Legislature finds and declares that Section 1 of this act, which adds Section 42359.6 to the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Given that deenergization events may be
carried out with limited notice to affected facilities, air pollution control and air quality management district hearing board members must be able to provide any necessary variances quickly in an emergency, even when doing so cannot follow the standard public hearing process.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain mandates because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
With respect to other mandates, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.