Bill Text: CA SB1099 | 2019-2020 | Regular Session | Introduced

California Senate Bill 1099 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Emergency backup generators: critical facilities: exemptions.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2020-07-27 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES. [SB1099 Detail]

Download: California-2019-SB1099-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 1099

Introduced by Senator Dodd

February 19, 2020

An act to add Article 9.5 (commencing with Section 42010) to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, relating to nonvehicular air pollution.

LEGISLATIVE COUNSEL'S DIGEST

SB 1099, as introduced, Dodd. Emergency backup generators: critical facilities: exemption.

Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the State Air Resources Board to identify toxic air contaminants that are emitted into the ambient air of the state and to establish airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources.

This bill, consistent with federal law, would require air districts to adopt a rule, or revise its existing rules, to allow critical facilities with a permitted emergency backup generator to use that emergency backup generator during a deenergization event or other loss of power, and to test and maintain that emergency backup generator, as specified, without having that usage, testing, or maintenance count toward that emergency backup generator’s time limitation on actual usage and routine testing and maintenance. The bill would prohibit air districts from imposing a fee on the issuance or renewal of a permit issued for those critical facility emergency backup generators. By requiring air districts to adopt a new permitting program for those critical facility emergency backup generators, the bill would impose a state-mandated local program. The bill also would define certain terms for purposes of these provisions.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) Catastrophic wildfires and other natural disasters are increasing in frequency and intensity due to climate change and other factors.

(b) Wildfires dramatically increase carbon emissions and work against the state’s goals to reduce greenhouse gas emissions and achieve a carbon-neutral future.

(c) Wildfires and other natural disasters also can cause significant impacts and a threat to the state’s water and wastewater facilities, which are critical to ensuring a safe and reliable water supply for people, businesses, agriculture, and the environment.

(d) To help mitigate the risks of wildfires, investor-owned utilities have initiated public safety power shutoffs to deenergize parts of their distribution systems, and, in some cases, portions of the transmission system, actions that reduce or eliminate access to a reliable power supply for the state’s water agencies as they count on a reliable source of electricity to move and deliver water.

(e) Actions need to be taken to reduce the impacts of deenergization wildfires, and other events on critical facilities, including increasing access to alternative power sources that can help support a safe and reliable water supply and maintain the state’s ability to effectively respond to wildfires.

SEC. 2.

Article 9.5 (commencing with Section 42010) is added to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, to read:

Article 9.5. Emergency Backup Generators

42010.

For purposes of this article, the following terms apply:

(a) “Critical facility” means a facility necessary or convenient in providing essential public services, including, but not limited to, facilities such as police stations, fire stations, emergency operations centers, water and wastewater facilities, incident command posts, and communication systems used to support essential public services.

(b) “Deenergization event” means the interruption of power due to a public safety power shutoff.

(c) “Emergency backup generator” means an internal combustion engine greater than 50 brake horsepower and gas turbines greater than 2,975,000 British thermal units per hour for nonutility power generation that does not operate more than 200 hours per year and is only operated in the event of an emergency power failure or for routine testing and maintenance.

(d) “Loss of power” means a failure in an electric generation, distribution, and transmission system or a disruption to electrical power from an electricity provider due to an emergency event, including a wildfire.

(e) “Public safety power shutoff” means a preventative measure to deenergize all, or a portion of, an electric generation, distribution, or transmission system when the electricity provider reasonably believes there is an imminent and significant risk that strong winds, or other extreme and potentially dangerous weather events, increase the probability of a wildfire.

(f) “Water and wastewater facilities” includes drinking water and wastewater treatment plants, pumping stations, storage facilities, and water facilities needed to maintain water service and the water pressure necessary for firefighting.

42012.

(a) Consistent with federal law, a district shall adopt a rule, or revise its existing rules, to allow critical facilities with a permitted emergency backup generator to do any of the following with that emergency backup generator without having it count toward that permitted emergency backup generator’s time limitation on actual usage and routine testing and maintenance:

(1) Use the emergency backup generator during a deenergization event or other loss of power.

(2) Test or maintain the emergency backup generator for consistency with any of the following:

(A) The National Fire Protection Association Standard 110 for Emergency and Standby Power Systems, or its successor.

(B) Industry best practices

(b) A district shall not impose a fee on the issuance or renewal of a permit issued for an emergency backup generator described in subdivision (a).

SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.