California 2009-2010 Regular Session Status: Passed Assembly

AB 1012 — Energy: renewable resources: endangered species: environmental impact reports.

Last action — Read third time, passage refused. (Ayes 20. Noes 14. Page 5122.)

  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 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 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 State Energy Resources Conservation and Development Commission (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 these mitigation actions for proposed wind and geothermal powerplants in the planning area subject to the Desert Renewable Energy Conservation Plan. (2) Existing law requires the department to collect, and requires the owner or developer of an eligible project to pay, a one-time permit application fee of $75,000. Existing law requires the department to utilize the permit application fee to pay for all or a portion of the department's cost of processing incidental take permit applications pursuant to CESA. 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 for purposes of these provisions and fees is limited to certain solar thermal powerplants and photovoltaic powerplants proposed to be constructed in the planning area subject to the Desert Renewable Energy Conservation Plan. This bill would expand the definition of eligible projects to include wind and geothermal powerplants proposed to be constructed in the planning area subject to the Desert Renewable Energy Conservation Plan. By expanding the purposes for which moneys in this continuously appropriated fund may be used, this bill would make an appropriation. (3) The Natural Community Conservation Planning Act authorizes the Department of Fish and Game to enter into agreements with any person or public entity for the purpose of preparing a natural community conservation plan, in cooperation with a local agency that has land use permit authority over the activities proposed to be addressed in the plan, to provide comprehensive management and conservation of multiple wildlife species. This bill would require the department to enter into one or more planning agreements with appropriate plan participants, including, but not limited to, the Energy Commission, one or more counties within the San Joaquin Valley, as defined, and other persons or public entities for the purpose of preparing one or more natural community conservation plans, if certain conditions are met with regard to the plan and the parties to the planning agreement. (4) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill, until January 1, 2014, would not require an EIR to analyze, or mitigate, where feasible, the environmental effect for an eligible renewable energy resource, including greenhouse gas emissions, not found to be significant under CEQA. The bill would authorize an applicant for a project to construct an eligible renewable energy resource that has an approved electricity purchase agreement to provide information to the lead agency regarding the environmental benefits of the project when comments may be received by the lead agency on a draft environmental impact report or negative declaration. The bill would authorize the lead agency to consider this information when making a finding under CEQA. The bill would repeal this exemption on January 1, 2014. (5) 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 is proposed to be constructed in the planning area subject to 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 would expand this process to any eligible renewable energy resource. The bill would require the Energy Commission , upon appropriation by the Legislature, to provide $7,000,000 in grants to qualified counties for the development or revision of rules and policies, including general plan elements, zoning ordinances, and a natural community conservation plan as a plan participant, to facilitate the development of eligible renewable energy resources, and their associated electric transmission facilities, on disturbed lands, as defined. The bill would require a general plan element or zoning ordinance that is adopted or revised pursuant to a grant to be completed within 2 years of receipt of the grant and be consistent with the conservation strategies of any natural community conservation plan, if one had been approved or is under development in the county. (6) This bill would provide that it would be operative only if SB 722 of the 2009–10 Regular Session is enacted and becomes effective on or before January 1, 2011.

Bill Text

Action History

  1. Read third time, passage refused. (Ayes 20. Noes 14. Page 5122.)

  2. Ordered to third reading.

  3. Withdrawn from committee.

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

  5. (Ayes 23. Noes 9. Page 5117.)

  6. Senate Rule 29.3(b) suspended.

  7. Re-referred to Com. on RLS.

  8. Ordered to third reading.

  9. Withdrawn from committee.

  10. Re-referred to Com. on RLS.

  11. Ordered to third reading.

  12. From committee: Return to Senate floor for consideration. (Ayes 7. Noes 3.)

  13. From committee: That, pursuant to Senate Rule 29.10, the above measure be re-referred to the Com. on APPR pursuant to Joint Rule 10.5.

  14. From committee: Be re-referred to Com. on N.R. & W. pursuant to Senate Rule 29.10. (Ayes 3. Noes 0.) Re-referred to Com. on N.R. & W.

  15. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  16. Read second time. To third reading.

  17. Read third time, amended. To second reading.

  18. Read second time. To third reading.

  19. To second reading.

  20. From inactive file.

  21. To inactive file on motion of Senator Romero.

  22. Read second time. To third reading.

  23. Read third time, amended. To second reading.

  24. Reconsideration granted. (Ayes 36. Noes 0. Page 2062.)

  25. Motion to reconsider made by Senator Padilla.

  26. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 33. Noes 0. Page 2056.)

  27. Ordered to third reading.

  28. Ordered to Special Consent Calendar.

  29. Read second time. To third reading.

  30. From committee: Do pass. (Ayes 8. Noes 0.) (August 17).

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

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

  33. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 11. Noes 0.) (July 7).

  34. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C.

  35. Referred to Com. on E., U., & C.

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

  37. Read third time. Urgency clause adopted. Passed and to Senate. (Ayes 78. Noes 0. Page 1746.)

  38. Read second time. To third reading.

  39. From committee: Do pass. (Ayes 15. Noes 0.) (May 20).

  40. Re-referred to Com. on APPR.

  41. Read second time and amended.

  42. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 27).

  43. Referred to Com. on U. & C.

  44. Read first time.

  45. From printer. May be heard in committee March 30.

  46. Introduced. To print.

Sponsors

  • Bradford · Cosponsor
  • V. Manuel Perez · Primary
  • Skinner · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 1 voted No

Sponsors (1)

  • V. Manuel Perez

Co-sponsors (2)

  • Bradford
  • Skinner

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Failed 21 Yea · 14 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 201304
Democratic 1100
Republican 0001
Total 211405
% of votes cast 53%35%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Florez — Yea
Ducheny — Yea
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Dutton — Nay
Huff — Nay
Leno — Yea
Ashburn — Nay
Blakeslee — Nay
Liu — Nay
Pavley — Yea
Romero — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Runner — Not Voting
Oropeza — Not Voting
Aanestad — Nay
Alquist — Yea
Harman — Nay
Hollingsworth — Nay
Kehoe — Yea
McLeod — Yea
Price — Yea
Simitian — Yea
Walters — Nay
Wiggins — Not Voting
Wyland — Nay
Cogdill — Not Voting
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Passed 5 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4202
Democratic 1000
Total 5202
% of votes cast 56%22%0%22%
How each member voted (9)
Member Party Vote
Lowenthal — Yea
Hollingsworth — Not Voting
Huff — Nay
Pavley — Yea
Simitian — Not Voting
Kehoe — Yea
Wolk — Yea
Cogdill — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

Passed 34 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 31007
Democratic 2000
Republican 1000
Total 34007
% of votes cast 83%0%0%17%
How each member voted (41)
Member Party Vote
Yee — Yea
Cogdill — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Kehoe — Yea
Runner — Not Voting
Corbett — Yea
Ducheny — Yea
Leno — Yea
Liu — Not Voting
McLeod — Yea
Dutton — Yea
Oropeza — Not Voting
Alquist — Not Voting
Ashburn — Yea
Price — Yea
Romero — Not Voting
Simitian — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Benoit — Yea
Huff — Yea
Maldonado — Yea
Pavley — Yea
Steinberg — Not Voting
Wiggins — Yea
Cedillo — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 37 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34004
Democratic 2000
Republican 1000
Total 37004
% of votes cast 90%0%0%10%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Wyland — Yea
Correa — Yea
Ducheny — Yea
Dutton — Yea
Florez — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Kehoe — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
McLeod — Yea
Ashburn — Yea
Benoit — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Not Voting
Simitian — Yea
Walters — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Huff — Yea
Liu — Not Voting
Maldonado — Yea
Steinberg — Yea
Wolk — Yea
Cogdill — Yea
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 8005
Total 8005
% of votes cast 62%0%0%38%
How each member voted (13)
Member Party Vote
Yee — Not Voting
Runner — Yea
Hancock — Not Voting
Kehoe — Yea
Leno — Yea
Oropeza — Not Voting
Wolk — Yea
Price — Yea
Walters — Not Voting
Wyland — Not Voting
Corbett — Yea
Cox — Yea
Denham — Yea

Official roll call →

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 8000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Lowenthal — Yea
Corbett — Yea
Benoit — Yea
Simitian — Yea
Wiggins — Yea
Wright — Yea
Kehoe — Yea
Cox — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

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
Hall — Yea
Carter — Yea
Chesbro — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Charles — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Eng — Yea
Feuer — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fuentes — Yea
Yamada — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Conway — Yea
Furutani — Yea
Saldana — Not Voting
Coto — Yea
Duvall — Yea
Galgiani — Yea
Bass — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hill — 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
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Cook — Yea
Emmerson — Yea
Evans — Yea
Davis — Yea
DeVore — Not Voting
Fuller — Yea
Garrick — 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.

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Democratic 1000
Republican 1000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Duvall — Yea
Hall — Yea
Harkey — Yea
Nielsen — Yea
Price — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Miller — Not Voting
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 15 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14001
Democratic 1000
Total 15001
% of votes cast 94%0%0%6%
How each member voted (16)
Member Party Vote
Tom — Yea
Berryhill — Yea
Carter — Yea
Duvall — Yea
Huffman — Yea
Krekorian — Yea
Skinner — Yea
Torrico — Yea
Blakeslee — Yea
Buchanan — Not Voting
Smyth — Yea
Swanson — Yea
Fuentes — Yea
Fuller — Yea
Furutani — Yea
Fong, Mike Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1012 do?
(1) 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 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 State Energy Resources Conservation and Development Commission (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 these mitigation actions for proposed wind and geothermal powerplants in the planning area subject to the Desert Renewable Energy Conservation Plan. (2) Existing law requires the department to collect, and requires the owner or developer of an eligible project to pay, a one-time permit application fee of $75,000. Existing law requires the department to utilize the permit application fee to pay for all or a portion of the department's cost of processing incidental take permit applications pursuant to CESA. 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 for purposes of these provisions and fees is limited to certain solar thermal powerplants and photovoltaic powerplants proposed to be constructed in the planning area subject to the Desert Renewable Energy Conservation Plan. This bill would expand the definition of eligible projects to include wind and geothermal powerplants proposed to be constructed in the planning area subject to the Desert Renewable Energy Conservation Plan. By expanding the purposes for which moneys in this continuously appropriated fund may be used, this bill would make an appropriation. (3) The Natural Community Conservation Planning Act authorizes the Department of Fish and Game to enter into agreements with any person or public entity for the purpose of preparing a natural community conservation plan, in cooperation with a local agency that has land use permit authority over the activities proposed to be addressed in the plan, to provide comprehensive management and conservation of multiple wildlife species. This bill would require the department to enter into one or more planning agreements with appropriate plan participants, including, but not limited to, the Energy Commission, one or more counties within the San Joaquin Valley, as defined, and other persons or public entities for the purpose of preparing one or more natural community conservation plans, if certain conditions are met with regard to the plan and the parties to the planning agreement. (4) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill, until January 1, 2014, would not require an EIR to analyze, or mitigate, where feasible, the environmental effect for an eligible renewable energy resource, including greenhouse gas emissions, not found to be significant under CEQA. The bill would authorize an applicant for a project to construct an eligible renewable energy resource that has an approved electricity purchase agreement to provide information to the lead agency regarding the environmental benefits of the project when comments may be received by the lead agency on a draft environmental impact report or negative declaration. The bill would authorize the lead agency to consider this information when making a finding under CEQA. The bill would repeal this exemption on January 1, 2014. (5) 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 is proposed to be constructed in the planning area subject to 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 would expand this process to any eligible renewable energy resource. The bill would require the Energy Commission , upon appropriation by the Legislature, to provide $7,000,000 in grants to qualified counties for the development or revision of rules and policies, including general plan elements, zoning ordinances, and a natural community conservation plan as a plan participant, to facilitate the development of eligible renewable energy resources, and their associated electric transmission facilities, on disturbed lands, as defined. The bill would require a general plan element or zoning ordinance that is adopted or revised pursuant to a grant to be completed within 2 years of receipt of the grant and be consistent with the conservation strategies of any natural community conservation plan, if one had been approved or is under development in the county. (6) This bill would provide that it would be operative only if SB 722 of the 2009–10 Regular Session is enacted and becomes effective on or before January 1, 2011.
Who sponsors AB 1012?
AB 1012 is sponsored by Bradford, V. Manuel Perez, and Skinner.
What is the current status of AB 1012?
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 1012?
Track AB 1012 free on One Click Politics — get push/email alerts when it moves.

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