California 2009-2010 Regular Session Status: Passed Assembly

AB 960 — Renewable energy resources: powerplant siting: California Endangered Species Act: mitigation measures.

Last action — From Senate committee without further action.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission (Energy Commission) and requires it to certify sufficient sites and related facilities that are required to provide a supply of electricity sufficient to accommodate projected demand for power statewide. The act 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. Existing law requires the Energy Commission to establish a process for certain applicants for certification of a solar thermal powerplant that are proposed to be constructed in the planning area for the Desert Renewable Energy Conservation Plan, as defined, that allows the applicant to elect to pay additional fees to be used by the Energy Commission to contract with 3rd parties to assist the Energy Commission staff in performing the analysis otherwise performed by staff in determining whether or not to issue a certification. This bill additionally would require the Energy Commission to establish a process for certain applicants for certification of a geothermal powerplant that is proposed to be constructed in the planning area for the Desert Renewable Energy Conservation Plan, that allows the applicant to elect to pay additional fees to be used by the Energy Commission to contract with 3rd parties to assist the Energy Commission staff in performing the analysis otherwise performed by staff in determining whether or not to issue a certification. (2) The California Endangered Species Act (CESA) requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species and requires the Department of Fish and Game to recommend, and the commission to adopt, criteria for determining if a species is endangered or threatened. CESA states that state agencies should not approve projects, as defined, that would jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat essential to the continued existence of the species if there are reasonable and prudent alternatives available consistent with conserving the species or its habitat that would prevent jeopardy. CESA further declares that in the event specific economic, social, or other conditions make infeasible these alternatives, individual projects may be approved if appropriate mitigation and enhancement measures are provided. CESA authorizes the department to authorize the take of threatened species, endangered species, or candidate species by permit if certain requirements are met. CESA authorizes the department, in consultation with the Energy Commission and, to the extent practicable, the United States Fish and Wildlife Service and the United States Bureau of Land Management, to design and implement actions to protect, restore, or enhance the habitat of plants and wildlife that can be used to fully mitigate the impacts of the take of endangered, threatened, or candidate species (mitigation actions) resulting from certain solar thermal and photovoltaic powerplants in the planning area of the Desert Renewable Energy Conservation Plan. This bill additionally would authorize the department to design and implement mitigation actions for proposed wind and geothermal powerplants in the planning area of the Desert Renewable Energy Conservation Plan and would eliminate certain requirements for participation in the department's mitigation actions. (3) Existing law establishes the Renewable Energy Resources Development Fee Trust Fund as a continuously appropriated fund in the State Treasury to serve, and be managed, as an optional, voluntary method for developers or owners of eligible projects, as defined, to deposit fees sufficient to complete mitigation actions established by the department and thereby meet their requirements pursuant to CESA or the certification authority of the Energy Commission. The definition of eligible projects is limited to certain solar thermal powerplants and photovoltaic powerplants proposed to be constructed in the planning area of the Desert Renewable Energy Conservation Plan. This bill would expand the definition of eligible projects to include wind powerplants and geothermal powerplants proposed to be constructed in the planning area of the Desert Renewable Energy Conservation Plan. By expanding the purposes for which moneys in this continually appropriated fund may be used, this bill would make an appropriation.

Bill Text

Action History

  1. From Senate committee without further action.

  2. In committee: Set, first hearing. Hearing canceled at the request of author.

  3. From committee: Do pass, and re-refer to Com. on E., U., & C. Re-referred. (Ayes 8. Noes 0.) (June 22).

  4. Re-referred to Coms. on N.R. & W. and E., U., & C.

  5. Re-referred to Com. on RLS.

  6. Withdrawn from committee.

  7. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  8. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (April 20).

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  11. In committee: Set, first hearing. Hearing canceled at the request of author.

  12. Referred to Com. on PUB. S.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time, passed, and to Senate. (Ayes 78. Noes 0. Page 1366.)

  15. Read second time. To Consent Calendar.

  16. From committee: Do pass. To Consent Calendar. (April 29).

  17. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 7. Noes 0.) (April 14).

  18. Referred to Com. on PUB. S.

  19. From printer. May be heard in committee March 29.

  20. Read first time. To print.

Sponsors

  • V. Manuel Perez · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • V. Manuel Perez

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 960 PEREZ, V.M. Consent Calendar Second Day Regular Session

Passed 90 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 82002
Democratic 5000
Republican 3000
Total 90002
% of votes cast 98%0%0%2%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Charles — Yea
Ammiano — Yea
Anderson — Yea
Blakeslee — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Eng — Yea
Yamada — Not Voting
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Feuer — Yea
Davis — Yea
Duvall — Not Voting
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Bass — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Cook — Yea
Emmerson — Yea
Coto — Yea
Evans — Yea
DeVore — Yea
Fuller — Yea
Gilmore — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Fuentes — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Duvall — Yea
Harkey — Yea
Krekorian — Yea
Miller — Yea
Ammiano — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Monning — Yea
Price — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

environment energy
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Frequently asked questions

What does AB 960 do?
(1) The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission (Energy Commission) and requires it to certify sufficient sites and related facilities that are required to provide a supply of electricity sufficient to accommodate projected demand for power statewide. The act 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. Existing law requires the Energy Commission to establish a process for certain applicants for certification of a solar thermal powerplant that are proposed to be constructed in the planning area for the Desert Renewable Energy Conservation Plan, as defined, that allows the applicant to elect to pay additional fees to be used by the Energy Commission to contract with 3rd parties to assist the Energy Commission staff in performing the analysis otherwise performed by staff in determining whether or not to issue a certification. This bill additionally would require the Energy Commission to establish a process for certain applicants for certification of a geothermal powerplant that is proposed to be constructed in the planning area for the Desert Renewable Energy Conservation Plan, that allows the applicant to elect to pay additional fees to be used by the Energy Commission to contract with 3rd parties to assist the Energy Commission staff in performing the analysis otherwise performed by staff in determining whether or not to issue a certification. (2) The California Endangered Species Act (CESA) requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species and requires the Department of Fish and Game to recommend, and the commission to adopt, criteria for determining if a species is endangered or threatened. CESA states that state agencies should not approve projects, as defined, that would jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat essential to the continued existence of the species if there are reasonable and prudent alternatives available consistent with conserving the species or its habitat that would prevent jeopardy. CESA further declares that in the event specific economic, social, or other conditions make infeasible these alternatives, individual projects may be approved if appropriate mitigation and enhancement measures are provided. CESA authorizes the department to authorize the take of threatened species, endangered species, or candidate species by permit if certain requirements are met. CESA authorizes the department, in consultation with the Energy Commission and, to the extent practicable, the United States Fish and Wildlife Service and the United States Bureau of Land Management, to design and implement actions to protect, restore, or enhance the habitat of plants and wildlife that can be used to fully mitigate the impacts of the take of endangered, threatened, or candidate species (mitigation actions) resulting from certain solar thermal and photovoltaic powerplants in the planning area of the Desert Renewable Energy Conservation Plan. This bill additionally would authorize the department to design and implement mitigation actions for proposed wind and geothermal powerplants in the planning area of the Desert Renewable Energy Conservation Plan and would eliminate certain requirements for participation in the department's mitigation actions. (3) Existing law establishes the Renewable Energy Resources Development Fee Trust Fund as a continuously appropriated fund in the State Treasury to serve, and be managed, as an optional, voluntary method for developers or owners of eligible projects, as defined, to deposit fees sufficient to complete mitigation actions established by the department and thereby meet their requirements pursuant to CESA or the certification authority of the Energy Commission. The definition of eligible projects is limited to certain solar thermal powerplants and photovoltaic powerplants proposed to be constructed in the planning area of the Desert Renewable Energy Conservation Plan. This bill would expand the definition of eligible projects to include wind powerplants and geothermal powerplants proposed to be constructed in the planning area of the Desert Renewable Energy Conservation Plan. By expanding the purposes for which moneys in this continually appropriated fund may be used, this bill would make an appropriation.
Who sponsors AB 960?
AB 960 is sponsored by V. Manuel Perez.
What is the current status of AB 960?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 960?
Track AB 960 free on One Click Politics — get push/email alerts when it moves.

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