Amended  IN  Assembly  May 02, 2022
Amended  IN  Assembly  April 18, 2022
Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2140

Introduced by Assembly Member Muratsuchi
(Principal coauthor: Senator Allen)

February 15, 2022

An act to add Section 189.8 to the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


AB 2140, as amended, Muratsuchi. Once-through cooling policy: powerplants.
Existing law establishes the State Water Resources Control Board within the California Environmental Protection Agency with specified duties relating to, among other things, administering water rights, the Porter-Cologne Water Quality Control Act, and the California Safe Drinking Water Act. The state board has adopted a statewide policy on the use of the coastal and estuarine waters for powerplant cooling, referred to as the once-through cooling policy, as described.
This bill would prohibit the state board from granting an operator of a powerplant any extension of time to comply with the once-through cooling policy if the city or county that has jurisdiction over the site of the powerplant formally adopts a resolution objecting to the extension and a specified advisory committee convened by the state board determines that the extension is not necessary to ensure statewide electricity reliability. The bill would also require the Public Utilities Commission, the State Energy Resources Conservation and Development Commission, and the Independent System Operator to work together to identify alternatives to offset and ultimately replace the powerplants that cease operations as a result of the enforcement of the once-through cooling policy.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) In 2010, the State Water Resources Control Board adopted a policy to phase out, by December 31, 2020, the use of ocean water to cool machinery at coastal powerplants. The state board adopted this policy based on its finding that the once-through cooling (OTC) methodology had a devastating impact on the local marine life and ecosystem.
(b) On March 18, 2020, despite the state board’s deadline to phase out all OTC powerplants adopted 10 years earlier, the state board voted to extend the operation of certain OTC powerplants. This decision impacts the Cities of Huntington Beach, Long Beach, Oxnard, and Redondo Beach.
(c) On October 21, 2021, despite the earlier commitment to refuse to grant further extensions for the operation of all OTC powerplants, the state board again voted to extend the operation of certain OTC powerplants.

SEC. 2.

 Section 189.8 is added to the Water Code, to read:

189.8.
 (a) The state board shall not grant an operator of a powerplant an extension of time to comply with the once-through cooling policy if both of the following conditions are met:
(1) The Statewide Advisory Committee on Cooling Water Intake Structures determines that the extension is not necessary to ensure statewide electricity reliability.
(2) The city or county that has jurisdiction over the site of the powerplant formally adopts a resolution objecting to the extension.

(b)The Public Utilities Commission, the State Energy Resources Conservation and Development Commission, and the Independent System Operator shall work together to identify and procure alternative energy sources to replace the powerplants that cease operations as a result of the enforcement of the once-through cooling policy.

(c)

(b) For purposes of this section, the following definitions apply:
(1) “Once-through cooling policy” means the policy described in Section 2922 of Chapter 22 of Division 3 of Title 23 of the California Code of Regulations.
(2) “Statewide Advisory Committee on Cooling Water Intake Structures” means the advisory committee convened by the state board to advise the state board on the implementation of the once-through cooling policy and that includes, pursuant to a memorandum of agreement, representatives from the state board, the State Energy Resources Conservation and Development Commission, the Public Utilities Commission, the Independent System Operator, the State Air Resources Board, the State Lands Commission, and the California Coastal Commission.