AB 1016

Existing law vests the State Energy Resources Conservation and Development Commission with the exclusive jurisdiction to certify the construction of a thermal powerplant, as defined. Existing law prohibits a person from constructing a thermal powerplant unless that person obtains certification from the commission. Existing law authorizes the commission to exempt from the certification requirement a thermal powerplant with a generating capacity of up to 100 megawatts and modifications to existing generating facilities that do not add capacity in excess of 100 megawatts, if the commission finds that no substantial adverse impact on the environment or energy resources will result from the project. Existing law makes the commission the lead agency for purposes of environmental review pursuant to the California Environmental Quality Act (CEQA) for all projects that require certification and for projects that are exempted by the commission.

This bill would additionally authorize the commission to exempt from the certification requirement, only until January 1, 2030, a thermal powerplant that generates electricity using exclusively geothermal resources and is found by the commission to meet specified criteria, including that the person proposing the powerplant files an application on or before June 30, 2029, with the local governmental agency that has land use and related jurisdiction over the area in which the powerplant is located, that the local governmental agency will be the lead agency for the project and will require a discretionary permit that is subject to environmental review pursuant to CEQA, that the person proposing the powerplant certifies that specified skilled and trained workforce requirements will be followed if the exemption is granted, and that the powerplant has a net generating capacity of 50 to 150 megawatts or that modifications are being made to the powerplant to add capacity resulting in total net generating capacity of 50 to 150 megawatts, and for any plan for multiple geothermal powerplants that use at least one common infrastructure component and those powerplants, in total, have a net generating capacity of 50 or more megawatts. Upon the commission granting an exemption, the bill would require the local governmental agency to be the lead agency for purposes of CEQA to certify the site and related facility, as provided. The bill would, until January 1, 2030, make the local governmental agency that has land use and related jurisdiction over the area of the proposed site and related facility the lead agency pursuant to CEQA for any project that the commission exempts from the certification requirement and that generates electricity using geothermal resources as provided.