SB 858

Bill Subjects

Abstract

Existing law requires a person proposing to construct a thermal powerplant, which is defined as a electrical generating facility using a source of thermal energy, with a generating capacity of 50 megawatts or more to obtain a certification from the State Energy Resources Conservation and Development Commission. This bill would exclude from the definition of a thermal powerplant subject to the jurisdiction of the commission an emergency backup or standby generator that is not connected to the electrical grid and that is constructed, operated, or modified to provide immediate electrical power to maintain the operations of a data center in the event of an outage of electricity from the electrical grid. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would designate the local land use authority with jurisdiction to approve emergency backup or standby generators described above as the lead agency for purposes of CEQA. By designating local land use authorities as lead agencies, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.