Existing law vests the State Energy Resources Conservation and Development Commission with the exclusive power to certify all locations on which an electrical transmission line or thermal powerplant is constructed, or is proposed to be constructed, and related electrical transmission lines or thermal powerplants. Existing law authorizes the commission to exempt from certification 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 construction or operation of the proposed facility or from the modifications.
This bill would additionally authorize the commission to exempt from certification a thermal powerplant with a generating capacity of up to 150 megawatts if specified requirements are met, including that it is used solely as a backup generation facility for a data center, it is located on the customer side of the meter and is not interconnected to the distribution system, a skilled and trained workforce is used to perform all construction work on the facility, as specified, the commission finds that no substantial adverse impact on the environment or energy resources will result from the construction and operation of the facility, and the commission obtains a determination from the applicable air pollution control district or air quality management district that the facility's backup generation technology meets the best available control technology requirements. The bill would require the owner or operator of a facility granted an exemption under the bill to fully mitigate the facility's impacts on air quality, as provided. The bill would repeal its provisions on January 1, 2027.

Statutes affected:
SB1298: 25541 PRC
02/15/24 - Introduced: 25541 PRC
04/22/24 - Amended Senate: 25541 PRC
05/16/24 - Amended Senate: 25541 PRC
06/03/24 - Amended Assembly: 25541 PRC
06/24/24 - Amended Assembly: 25541 PRC
07/03/24 - Amended Assembly: 25541 PRC
08/19/24 - Amended Assembly: 25541 PRC
SB 1298: 25541 PRC