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SBX 28 (Sher), related to expedited siting, passed out of both houses
today and was sent to Governor Davis. The bill was amended to remove the unemployment provisions which the Chamber and Manufacturers objected to. Some of the key provisions of the bill are as follows: Expedites various CEC procedures for siting power plants; Limits to 45 days and 100 days, until January 1, 2004, a local jurisdiction's time for initial review and final review, respectively, of an application submitted to the CEC; Requires CEC to certify repowering projects within 180 days; Extends from August 1, 2001 to December 31, 2002, the date by which temporary "peaker" power plants must be in service so as to qualify for the four-month siting process. Requires ARB to develop expedited programs for retrofitting and identifying and banking of emission credits; Requires air districts to adopt an expedited program for permitting of standby or distributed generation facilities and natural gas transmission facilities; Authorizes payment to air districts of mitigation fees for a new power plant in lieu of obtaining actual emissions offsets, when the owner or operator of the plant has shown that offsets are not available; Waives conditionally, for a period of 10 years, standby charges imposed by electrical corporations on customers who have installed non-gas-fired distributed generation equipment five megawatts or smaller that commence operation by September 1, 2002. Provides that the waiver for gas-fired units shall only apply until June 1, 2006. Permits a gas corporation, until June 1, 2002, to exercise the power of eminent domain to condemn any property for the purpose of competing with another entity in the offering of natural gas and services related to natural gas. Additionally, until June 1, 2002, prohibits CPUC from making a finding on a petition or complaint filed pursuant to Section 625 of the Public Utilities Code, and requires CPUC to dismiss the petition or complaint. http://info.sen.ca.gov/pub/bill/sen/sb_0001-0050/sbx1_28_bill_20010423_amended _asm.pdf
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