Energy

This year, the legislature has introduced a number of bills dealing with the siting of photovoltaic facilities. The following is a short summary of the solar-related bills that continue to move through the process. 

SB 618 (Wolk) – Request for Comments
As Amended July 6, 2011

SB 618, by Senator Lois Wolk, would create a solar easement program for siting solar projects on marginally productive agricultural lands (term defined in bill). Easements would look similar to Williamson Act contracts, with a term of no less than 10 years, and an automatic annual renewal, and termination only by a process of non-renewal. In addition, this bill includes a provision that requires every lead agency and responsible agency to expedite its review for issuing any necessary permits for solar photovoltaic facilities located on marginally productive or physically impaired, or disturbed land. This bill is on the Assembly Suspense File. 

SB 267 (Rubio) – Request for Comments
As Amended April 13, 2011

SB 267, by Senator Rubio, takes a different approach to incentivizing the siting of solar facilities. Effective January 2017, this bill would exclude from the definition of “project” a proposed photovoltaic or wind energy plant that uses an amount of water equal to or less than the amount of water required by a 250-dwelling-unit project. The effect of the bill is to exempt a local agency responsible for approving such a project from the legal obligation to determine there is adequate water supply available for the project. Supporters contend that solar and wind energy projects use very little water and therefore should not be subject to a water supply assessment. This bill is sponsored by Kern County and is on the Assembly Second Reading File. 

SB 226 (Simitian) – Request for Comments
As Amended August 17, 2011

SB 226, by Senator Joe Simitian, would provide CEQA exemption for projects consisting of the installation of solar energy system on the roof of an existing building meeting specified conditions. This bill would also require the Secretary of the Natural Resources Agency, on or before March 1, 2012, to adopt a categorical exemption for solar photovoltaic projects located on disturbed agricultural lands meeting specified conditions, until January 1, 2015. The bill also amends the SB 375 CEQA streamlining measures related to transit priority projects. This bill has been set for hearing on August 22, 2011 in the Assembly Natural Resources Committee. 

ABX1 13 (Perez) – Enrolled
As Amended July 14, 2011

ABX1 13, by Assembly member Manual Perez, was sent to the Governor for his consideration on July 15, 2011. This bill would, among other things, expand existing permitting requirements for renewable energy projects to additional types of renewable energy projects, including wind and geothermal projects, and requires the Energy Commission to provide grants to local governments for renewable energy planning efforts. Specifically, this bill would extend the authority for renewable energy projects developers, subject to licensing requirements by the CEC, to pay voluntary fees to allow the CEC to hire outside consultants to assist with licensing review. In addition, SBX1 13 requires the CEC, upon appropriation of the Legislature, to provide up to $7,000,000 in planning grants to Fresno, Imperial, Inyo, Kern, Kings, Los Angeles, Madera, Merced, Riverside, San Bernardino, San Diego, San Joaquin, Stanislaus, and Tulare County for planning activities to accommodate future renewable energy projects.

Mining

AB 742 (Lowenthal) – Request for Comments
As Amended August 16, 2011

AB 742, by Assembly Member Bonnie Lowenthal, would prohibit a lead agency from approving a reclamation plan for an aggregate products operation if the operation is located on or within 2,000 yards of the external boundaries of an Indian reservation and is on or within 5,000 yards of a Native American sacred site, and is on or within 4,000 yards of the Santa Margarita River or an aquifer that is hydrologically connected to the river, unless the tribe whose reservation is nearest the operation consents to the operation. This bill includes an urgency clause and has been set for hearing on August 23, 2011 in the Senate Natural Resources and Water Committee.