HomeMy WebLinkAbout16 LEGISLATIVE REPORTS 04-01-08AGENDA REPORT
MEETING DATE: APRIL 1, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: CITY CLERK'S OFFICE
SUBJECT: LEGISLATIVE REPORTS
SUMMARY:
At the request of Mayor Amante, attached are the following legislative items for
discussion by the City Council.
Assembly Bill 2788 (DeVore). Energy: nuclear powerplant certification.
Existing law requires a person proposing to construct a thermal powerplant to
obtain a certification from the State Energy Resources Conservation and
Development Commission. Existing law exempts facilities for which the Public
Utilities Commission has issued a certificate of convenience and necessity or that
a municipal utility has approved before January 7, 1975.
This bill would additionally exempt an applicant for a nuclear fission thermal
powerplant capable of producing up to 2,000 megawatts of energy who is the first
California entity to obtain an early site permit from the United States Nuclear
Regulatory Commission.
Assembly Bill 1776 (DeVore). Energy: nuclear powerplant.
The Warren-Alquist State Energy Resources Conservation and Development Act
prohibits the certification of a new nuclear fission thermal powerplant and land
use in the state for a new nuclear fission thermal powerplant, until the State
Energy Resources Conservation and Development Commission (Energy
Commission) makes a finding regarding the existence of an approved and
demonstrated technology or means for the disposal of high-level nuclear waste.
The Energy Commission is also required to perform certain other duties with
regards to nuclear fission thermal powerplants.
This bill would repeal these prohibitions and would, instead, prohibit the Energy
Commission from certifying a site for a nuclear fission thermal powerplant in
seismically active areas or a nuclear fission thermal powerplant using a once-
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through nuclear reactor cooling system with a nuclear coolant outflow that is
within 5 miles of a designated coastal area of biological significance or is to a
navigable water. The Energy Commission and other state agencies would be
required to consider a dry cask storage system method approved by the United
States Nuclear Regulatory Commission to be an appropriate method for storing
spent nuclear fuel and associated material.
RECOMMENDATION:
Pleasure of the City Council.
FISCAL IMPACT:
None.
Maria R. Huizar
Chief Deputy City Clerk
CALIFORNIA LEGISLATURE-2007-08 REGULAR SESSION
ASSEMBLY BILL No. 2788
Introduced by Assembly Member DeVore
February 22, 2008
An act to amend Section 25501 of the Public Resources Code, relating
to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2788, as introduced, DeVore. Energy: nuclear powerplant:
certification.
Existing law requires a person proposing to construct a thermal
powerplant to obtain a certification from the State Energy Resources
Conservation and Development Commission. Existing law exempts
facilities for which the Public Utilities Commission has issued a
certificate of convenience and necessity or that a municipal utility has
approved before January 7, 1975.
This bill would additionally exempt an applicant for a nuclear fission
thermal powerplant capable of producing up to 2,000 megawatts of
energy who is the first California entity to obtain an early site permit
from the United States Nuclear Regulatory Commission.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 25501 of the Public Resources Code is
2 amended to read:
3 25501. (a) This chapter does not apply to-arry a site or related
4 facility for which the Public Utilities Commission has issued a
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AB 2788 - 2 -
1 certificate of public convenience and necessity or~l~ie}r-ate that
2 a municipal utility has approved before January 7, 1975.
3 (b) This chapter does not apply to an applicant for a nuclear
4 fission thermal powerplant capable of producing up to 2, 000
5 megawatts of energy who is the first California entity to obtain an
6 early site permit from the United States Nuclear Regulatory
7 Commission pursuant to Part 52 (commencing with Section 52.1)
8 of Title 10 of the Code of Federal Regulations.
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AMENDED IN ASSEMBLY FEBRUARY 19, 2008
CALIFORNIA LEGISLATURE-2007-08 REGULAR SESSION
ASSEMBLY BILL No. 1776
Introduced by Assembly Member DeVore
(Coauthor: Assembly Member Maze)
(Coauthors: Senators Aanestad, Battin, and Hollingsworth)
January 14, 2008
An act to add Chapter 5.5 (commencing with Section 25450) to
Division 15 of, and to repeal Sections 25524.1 and 25524.2 of, the
Public Resources Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1776, as amended, DeVore. Energy: nuclear powerplant.
The Warren-Alquist State Energy Resources Conservation and
Development Act prohibits the certification of-anew nuclear fission
thermal powerplant and land use in the state for a new nuclear fission
thermal powerplant, until the State Energy Resources Conservation and
Development Commission (Energy Commission) makes a finding
regarding the existence of an approved and demonstrated technology
or means for the disposal of high-level nuclear waste. The Energy
Commission is also required to perform certain other duties with regards
to nuclear fission thermal powerplants.
This bill would repeal these prohibitions and would, instead, prohibit
the Energy Commission from certifying a site for a nuclear fission
thermal powerplant in seismically active areas or a nuclear fission
thermal powerplantusing aonce-through nuclear reactor cooling system
with a nuclear coolant outflow that is within 5 miles of a designated
coastal area of biological significance or is to a navigable water. The
Energy Commission and other state agencies would be required to
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AB 1776
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consider a dry cask storage system method approved by the United
States Nuclear Regulatory Commission to be an appropriate method
for storing spent nuclear fuel and associated material.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) Modern nuclear powerplants emit zero carbon dioxide
4 emissions and nuclear power is the only large scale and reliable
5 electrical energy generating technology that does not directly emit
6 carbon dioxide, which is thought to be a component of global
7 warming or climate change. Building new nuclear powerplants
8 will allow California to comply with the carbon emission mandates
9 while still meeting the state's growing need for electricity.
10 (b) More than one-half of California's electrical power is
11 generated by natural gas, which is imported from other nations
12 and states, and from coal. Natural gas prices are highly sensitive
13 to supply and demand fluctuations, due to the volatile world market
14 conditions, ~-~. These price fluctuations can harm both
15 consumers and businesses.
16 (c) Modern, efficient, and safe nuclear power should be
17 considered part of the solution of improving California's ability
18 to generate reliable, affordable, and clean energy, so as to benefit
19 California's consumers, the economy, and the environment.
20 (d) To maximize the safety and minimize environmental impacts
21 of any new commercial nuclear powerplants that may be built in
22 the state, seismically active and biologically sensitive areas should
23 be excluded from site consideration. These exclusions have the
24 additional purpose of protecting ratepayers against construction
25 cost overruns that are frequently incurred when building in
26 seismically active or biologically sensitive areas.
27 SEC. 2. Chapter 5.5 (commencing with Section 25450) is added
28 to Division 15 of the Public Resources Code, to read:
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3 - AB 1776
CHAPTER 5.5. NUCLEAR POWER
2S4S0. The commission shall not certify a site for a nuclear
fission thermal powerplant that has a 10 percent probability or
greater in a 50-year period of exceeding a peak acceleration of 30
percent gravity (0.30g) on hard rock, or equivalent acceleration
on other soils, as determined by the Probabilistic Seismic Hazard
Assessment for the State of California: California Department of
Conservation, Division of Mines and Geology Open-File Report
96-08, United States Department of the Interior: United States
Geological Survey Open-File Report 96-706, as revised by
Documentation for the 2002 Update of the National Seismic Hazard
Maps: United States Geological Survey Open-File Report 02-420,
or as updated on or after January 1, 2015.
2S4S 1. To reduce the environmental impact of the warm
outflow of nuclear fission thermal powerplant coolant waters, the
commission shall not certify a site for a nuclear fission thermal
powerplant that uses aonce-through nuclear reactor cooling system
if the nuclear powerplant coolant outflow of that system meets
either of the following criteria:
(a) The outflow is located within five miles of a coastal area of
special biological significance, as determined by the State Water
Resources Control Board on or before June 1, 2003, pursuant to
the California Ocean Plan adopted pursuant to Section 13170.2 of
the Water Code, or as updated by the State Water Resources
Control Board on or after January 1, 201 S.
(b) The outflow is to a navigable water.
2S4S2. When certifying anew nuclear fission thermal
powerplant pursuant to this division, the commission shall consider
a dry cask storage system method approved by the United States
Nuclear Regulatory Commission to be an appropriate method for
storing spent nuclear fuel and associated material.
2S4S3. For purposes of taking an action with regard to
approving, reviewing, or issuing a permit or other grant authority
to a new nuclear fission thermal powerplant, a state agency shall
deem a dry cask storage system method approved by the United
States Nuclear Regulatory Commission to be an acceptable method
of storing spent nuclear fuel and associated material for up to 100
years.
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AB 1776 - 4 -
1 SEC. 3. Section 25524.1 of the Public Resources Code is
2 repealed.
3 SEC. 4. Section 25524.2 of the Public Resources Code is
4 repealed.
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