Energy

SB 226 (Simitian) – Concerns
As Amended August 17, 2011

SB 226, by Senator Joe Simitian, passed out of the Assembly Agriculture Committee this week. This bill 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. CSAC expressed our particular concerns in Committee this week with the portion of the bill dealing with the categorical exemption for solar photovoltaic projects located on disturbed agricultural lands. 

Specifically, SB 226 creates a limit on the agricultural land that qualifies for the exemption (previously used for agricultural production for at least five years that have been mechanically disturbed or converted from native vegetation through plowing, bulldozing, or other similar means) and eliminates important prime agricultural lands. While we support the bill’s inclusion of limitations to protect important agricultural lands, the language is not clear as to what would qualify under the exemption. CSAC urged the author to provide additional clarification to the lands that would qualify under this section. In addition, CSAC supported the American Planning Association’s suggested amendments related to late comments. For more information on this portion of the bill, see the HLT section. 

SB 136 (Yee) – Oppose
As Amended August 22, 2011

SB 136, by Senator Leland Yee, would expand the definition of ‘public works’ to include work done under private contract in connection with the construction or maintenance of renewable energy generating capacity or energy efficiency improvements for the purposes of prevailing wage requirements. This bill would mandate private companies to pay prevailing wage for their renewable energy generation and efficiency work performed on state or local property.
 
CSAC, along with other local government groups, is opposed to this bill because are concerned that it would set a new precedent, opening up prevailing wage requirements to a host of new services by stating in section 1720.6 (a) “work performed in connection with construction or maintenance of renewable energy…” Local governments across the state are conducting energy audits, attempting to identify cost-saving and greenhouse gas reduction measures in their respective jurisdictions. By opening up these types of activities to prevailing wage requirements many of the cost savings generated by these programs would be consumed by these new requirements. This bill is on the Senate Third Reading File.

Mining 

AB 742 (Lowenthal) – Oppose
As Amended August 16, 2011

AB 742, by Assembly Member Bonnie Lowenthal, passed out of the Senate Natural Resources and Water Committee this week. This bill 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. CSAC is opposed to this bill because we believe that it sets a dangerous precedent. CSAC believes that the existing permitting process is the appropriate channel for this debate to occur. Overriding existing laws and regulations related to siting of an aggregate mining operation would jeopardize the process the Legislature created exactly for this purpose. This bill has been referred to the Rules Committee.

Solid Waste

AB 341 (Chesbro) – Oppose Unless Amended
As Amended July 7, 2011

AB 341, by Assembly Member Wes Chesbro, passed off the Senate Appropriations Suspense File yesterday. As amended on July 7th, this bill would require the Department of Resources, Recycling and Recovery (CAL Recycle) to “ensure” that 75 percent of solid waste is diverted from landfills, and would require commercial and multi-family recycling. However, the bill prohibits the Department from imposing any enforceable requirements on cities or counties. It appears that the author will be accepting amendments to turn the 75% diversion provision into a statewide goal. This amendment seems to mirror language included in AB 737from last year. CSAC was actively involved in the negotiations around last year’s version of this bill, AB 737 and supported the final draft that would have required CAL Recycle to develop strategies to meet the 75 percent goal, rather than “ensure” that 75 percent is achieved. Once amendments are in print, CSAC will reevaluate our position on the bill. 

SB 833 (Vargas) – Oppose
As Amended April 25, 2011

SB 833, by Assembly Member Juan Vargas, passed off the Assembly Suspense File this week. This bill would place specific restrictions on the construction of solid waste facilities in San Diego County. Specifically, SB 833 prohibits a person from constructing a solid waste facility in San Diego County if it is within 1,000 feet of the San Luis Rey River, or within 1,000 feet of a site that is considered to be sacred land to a Native American tribe. CSAC is opposed to this bill because it would establish a dangerous precedent when dealing with the siting and permitting of solid waste facilities. CSAC believes that the existing permitting process is the appropriate channel for this debate to occur. 

Overriding existing laws and regulations related to the siting and construction of a solid waste facility would jeopardize the process the Legislature created exactly for this purpose.