SB 413

Bill Subjects

Abstract

The existing Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission (Energy Commission) and grants the Energy Commission the exclusive authority to certify any stationary or floating electrical generating facility using any source of thermal energy, with a generating capacity of 50 megawatts or more, and any facilities appurtenant thereto. This bill would require the Energy Commission, in consultation with the Offshore Wind Project Certification, Fisheries, Community, and Indigenous Peoples Advisory Committee, which the bill would create, to establish a process for the certification of offshore wind generation facilities that is analogous to the existing requirements for certification of thermal powerplants, but applicable to offshore wind generation facilities, and would make the Energy Commission the exclusive authority for the certification of offshore wind generation facilities. The bill would require an applicant for certification of an offshore wind generation facility to certify specified matter. The bill would state the intent of the Legislature to amend the bill to provide sufficient direction and authority to the commission to: (1) evaluate, assess, and mitigate, to the extent feasible, any adverse impacts on indigenous peoples, fishing, and local communities adversely affected by the permitting, development, and operation of offshore wind generation projects, (2) recover the costs of mitigation from the applicants for certification of offshore wind generation facilities, (3) impose assessments on offshore wind generation facilities in order to ensure full economic and environmental compensation for any adverse effects offshore wind generation projects may have on indigenous peoples, fishing, and local communities, and (4) provide mechanisms whereby any assessments be adopted in a duly noticed public hearing, be deposited in publicly audited accounts, and be disbursed annually in an open and public process. The California Constitution establishes the Public Utilities Commission (PUC) , with jurisdiction and certain authority over all public utilities, subject to control by the Legislature. Existing decisions of the PUC institute an Electric Program Investment Charge (EPIC) to fund renewable energy and research, development, and demonstration programs. Existing law creates in the State Treasury the Electric Program Investment Charge Fund to be administered by the Energy Commission and requires the PUC to forward to the Energy Commission at least quarterly moneys for those EPIC programs the PUC has determined should be administered by the Energy Commission for deposit in the fund. This bill would, upon appropriation by the Legislature from the fund, require the Energy Commission to establish a program for the research of the effects of offshore wind generation development on fisheries, Native American populations, and small local governments in those regions of the state where development of offshore wind generation projects are proposed along the coast of California.