BILL NUMBER: SB 1298	CHAPTERED

	BILL TEXT



	CHAPTER   741

	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000

	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000

	PASSED THE SENATE   AUGUST 31, 2000

	PASSED THE ASSEMBLY   AUGUST 29, 2000

	AMENDED IN ASSEMBLY   AUGUST 25, 2000

	AMENDED IN ASSEMBLY   AUGUST 18, 2000

	AMENDED IN ASSEMBLY   AUGUST 7, 2000

	AMENDED IN ASSEMBLY   JUNE 26, 2000

	AMENDED IN SENATE   MAY 28, 1999

	AMENDED IN SENATE   APRIL 5, 1999



INTRODUCED BY   Senators Bowen and Peace



                        MARCH 1, 1999



   An act to add Sections 41514.9 and 41514.10 to the Health and

Safety Code, relating to air pollution.





	LEGISLATIVE COUNSEL'S DIGEST





   SB 1298, Bowen.  Air emissions:  distributed generation.

   (1) Existing law requires the State Air Resources Board to

consider and adopt specified findings before adopting rules or

regulations that would affect the operation of existing powerplants.

Under existing law, except as specified, any person who violates any

statute, rule, regulation, permit, or order of the state board or of

an air pollution control strict or an air quality management

district relating to air quality, as provided, is guilty of a

misdemeanor and is subject to a fine, imprisonment, or both.

   This bill would require the state board, on or before January 1,

2003, to adopt a certification program and uniform emission standards

for electrical generation that are exempt from district permitting

requirements, and would require that those standards reflect the best

performance achieved in practice by existing electrical generation

technologies.

   The bill would require the state board, on or before January 3,

2003, to issue guidance to districts on the permitting or

certification of electrical generation technologies under their

regulatory jurisdiction, as prescribed.

   Since a violation of the regulations adopted pursuant to the bill

would be a crime, the bill would impose a state-mandated local

program.

  (2) 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.





THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:





  SECTION 1.  The Legislature finds and declares all of the

following:

   (a) Distributed generation can contribute to helping California

meet the energy requirements of its citizens and businesses.

   (b) Certain distributed generation technologies can create

significant air emissions.

   (c) A clear set of rules and regulations regarding the air quality

impacts of distributed generation will facilitate the deployment of

distributed generation.

   (d) The absence of clear rules and regulations creates uncertainty

that may hinder the deployment of distributed generation.

   (e) It is in the public interest to encourage the deployment of

distributed generation technology in a way that has a positive effect

on air quality.

   (f) It is the intent of the Legislature to create a streamlined

and seamless regulatory program, whereby each distributed generation

unit is either certified by the State Air Resources Board for use or

subject to the permitting authority of a district.

  SEC. 2.  Section 41514.9 is added to the Health and Safety Code, to

read:

   41514.9.  (a) On or before January 1, 2003, the state board shall

adopt a certification program and uniform emission standards for

electrical generation technologies that are exempt from district

permitting requirements.

   (b) The emission standards for electrical generation technologies

shall reflect the best performance achieved in practice by existing

electrical generation technologies for the electrical generation

technologies referenced in subdivision (a) and, by the earliest

practicable date, shall be made equivalent to the level determined by

the state board to be the best available control technology for

permitted central station powerplants in California.  The emission

standards for state certified electrical generation technology shall

be expressed in pounds per megawatt hour to reflect the expected

actual emissions per unit of electricity and heat provided to the

consumer from each permitted central powerplant as compared to each

state certified electrical generation technology.

   (c) Commencing on January 1, 2003, all electrical generation

technologies shall be certified by the state board or permitted by a

district prior to use or operation in the state.  This section does

not preclude a district from establishing more stringent emission

standards for electrical generation technologies than those adopted

by the state board.

   (d) The state board may establish a schedule of fees for purposes

of this section to be assessed on persons seeking certification as a

distributed generator.  The fees charged, in the aggregate, shall not

exceed the reasonable cost to the state board of administering the

certification program.

   (e) As used in this section, the following definitions shall

apply:

   (1) "Best available control technology" has the same meaning as

defined in Section 40405.

   (2) "Distributed generation" means electric generation located

near the place of use.

  SEC. 3.  Section 41514.10 is added to the Health and Safety Code,

to read:

   41514.10.  On or before January 1, 2003, the state board shall

issue guidance to districts on the permitting or certification of

electrical generation technologies under the districts regulatory

jurisdiction.  The guidance shall address best available control

technology determinations, as defined by Section 40405, for

electrical generation technologies and, by the earliest practicable

date, shall make those equivalent to the level determined by the

state board to be the best available control technology for permitted

central station powerplants in California.  The guidance shall also

address methods for streamlining the permitting and approval of

electrical generation units, including the potential for

precertification of one or more types of electrical generation

technologies.

  SEC. 4.  No reimbursement is required by this act pursuant to

Section 6 of Article XIIIB of the California Constitution because the

only 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 XIIIB of the California Constitution.