AB 45 - CHAPTERED, small wind energy systems

[Maggie]

BILL NUMBER: AB 45 INTRODUCED
BILL TEXT

INTRODUCED BY Assembly Member Blakeslee

DECEMBER 1, 2008

An act relating to energy.

LEGISLATIVE COUNSEL'S DIGEST

AB 45, as introduced, Blakeslee. Distributed generation: small
wind energy systems.

The California Renewables Portfolio Standard Program requires that
a retail seller of electricity, as defined, purchase a specified
minimum percentage of electricity generated by eligible renewable
energy resources, as defined, in any given year as a specified
percentage of total kilowatthours sold to retail end-use customers
each calendar year (renewables portfolio standard). The renewables
portfolio standard requires each retail seller to increase its total
procurement of eligible renewable energy resources by at least an
additional 1% of retail sales per year so that 20% of its retail
sales are procured from eligible renewable energy resources no later
than December 31, 2010.

This bill would state the intent of the Legislature to encourage
local agencies to support the state's ambitious renewable energy
procurement requirements by developing and adopting ordinances that
facilitate the installation of distributed generation small wind
energy systems.

Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

[Maggie]

LAST HIST. ACT. DATE: 05/18/2009
LAST HIST. ACTION : Read second time. To third reading.
FILE : ASM THIRD READING
FILE DATE : 05/26/2009
ITEM : 139

[Maggie]

LAST HIST. ACT. DATE: 06/04/2009
LAST HIST. ACTION : Referred to Coms. on L. GOV. and EQ.
COMM. LOCATION : SEN LOCAL GOVERNMENT
HEARING DATE : 06/17/2009

[Maggie]

BILL NUMBER: AB 45 AMENDED
BILL TEXT

AMENDED IN SENATE JUNE 10, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009

INTRODUCED BY Assembly Member Blakeslee

DECEMBER 1, 2008

An act to add Article 2.11 (commencing with Section 65893) to, and
to repeal the heading of Article 2.11 (commencing with Section
65892.13) of, Chapter 4 of Division 1 of Title 7 of the Government
Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST

AB 45, as amended, Blakeslee. Distributed generation: small wind
energy systems.

The California Renewables Portfolio Standard Program requires that
an electrical corporation, as defined, procure a specified minimum
percentage of electricity generated by eligible renewable energy
resources, as defined, in any given year as a specified percentage of
total kilowatthours sold to retail end-use customers each calendar
year (renewables portfolio standard), subject to specified limits.
The renewables portfolio standard requires each retail seller to
increase its total procurement of eligible renewable energy resources
by at least an additional 1% of retail sales per year so that 20% of
its retail sales are procured from eligible renewable energy
resources no later than December 31, 2010.

This bill would authorize a local agency to provide, by ordinance,
for the installation of small wind energy systems, as specified, and
to establish a process for the issuance of conditional use permits
for these systems. The bill would also authorize a local agency to
impose conditions on the installation of these systems, but would
prohibit the local agency from imposing conditions relating to
specified aspects of these systems that are more restrictive than
certain specified requirements of , and conditions upon
, these systems. The bill would require a local agency
that has not adopted an ordinance providing for the installation of
these systems, and receives an application for the installation of a
small wind energy system after July 1, 2010, but before it adopts an
ordinance providing for the installation of these systems, to approve
the application through a ministerial permit . The bill would
authorize a local agency to require as a condition of approval
that a small wind energy system to be
removed if it remains inoperable for 12 consecutive months , and
the small wind energy system, at that time, would be subject to
nuisance codes and code enforcement action . The bill would
declare that it is the policy of the state to promote and encourage
the use of distributed renewable energy systems and to limit
obstacles to their use.

Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

[Maggie]

LAST HIST. ACT. DATE: 06/10/2009
LAST HIST. ACTION : From committee chair, with author's amendments: Amend,
and re-refer to committee. Read second time, amended,
and re-referred to Com. on L. GOV.
COMM. LOCATION : SEN ENVIRONMENTAL QUALITY
HEARING DATE : 07/06/2009

[Maggie]

BILL NUMBER: AB 45 AMENDED
BILL TEXT

AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN SENATE JUNE 10, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009

INTRODUCED BY Assembly Member Blakeslee

DECEMBER 1, 2008

An act to add and repeal Article 2.11 (commencing with Section
65893) of, and to repeal the heading of Article 2.11 (commencing with
Section 65892.13) of, Chapter 4 of Division 1 of Title 7 of the
Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST

AB 45, as amended, Blakeslee. Distributed generation: small wind
energy systems.

The California Renewables Portfolio Standard Program requires that
an electrical corporation, as defined, procure a specified minimum
percentage of electricity generated by eligible renewable energy
resources, as defined, in any given year as a specified percentage of
total kilowatthours sold to retail end-use customers each calendar
year (renewables portfolio standard), subject to specified limits.
The renewables portfolio standard requires each retail seller to
increase its total procurement of eligible renewable energy resources
by at least an additional 1% of retail sales per year so that 20% of
its retail sales are procured from eligible renewable energy
resources no later than December 31, 2010.

This bill would authorize a local agency to adopt an ordinance that provides for
the installation of small wind energy systems outside an urbanized area, but within the local agency's jurisdiction , and to establish a process for the
issuance of conditional use permits for these systems , subject
to specified conditions . The bill would also authorize a local
agency to impose conditions on the installation of these systems,
but would prohibit the local agency from imposing conditions relating
to specified aspects of these systems that are more restrictive than
certain specified requirements of, and conditions upon, these
systems.

This bill would uthorize a
local agency that has not adopted an ordinance providing for the
installation of these systems within its jurisdiction by January 1, 2011, to adopt
an ordinance providing for the installation of these
systems within its jurisdiction at a later date, but would require
that ordinance, when adopted, to be in accordance with a specified
provision of law . The bill would specifically exempt
ordinances approved prior to January 1, 2011, from the
provisions of this article. The bill would require a local
agency to approve an application for the installation of one of these
systems submitted between January 1, 2011, and the date of the local
agency's adoption of an ordinance that meets specified requirements
through the issuance of a ministerial permit that meets
specified requirements, if the local agency establishes a process for
the issuance of conditional use permits for small wind energy
systems.

This bill would authorize a local agency to impose as a condition of approval a
requirement that a small wind energy system be removed if it
remains inoperable for 12 consecutive months, and the small wind
energy system, at that time, would be subject to nuisance codes and
code enforcement action. he bill would
specify that nothing in this article interferes with or prevents the
exercise of authority by a public agency to carry out its programs,
projects, or responsibilities, or affects the requirements imposed
under any other provision of law.

The bill would declare that it is the policy of the
state to promote and encourage the use of distributed renewable
energy systems and to limit obstacles to their use.

The bill would require the State Energy Resources Conservation and
Development Commission to submit, on or before January 1, 2016, to
the Assembly and Senate Committees on Local Government, a report
containing specified information, including the number of
applications for small wind energy systems received and approved by
local agencies on or after January 1, 2011 .

This bill would provide that its provisions would be repealed on
January 1, 2017.

Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.

[Maggie]

LAST HIST. ACT. DATE: 07/23/2009
LAST HIST. ACTION : From committee: Amend, do pass as amended, and re-refer
to Com. on APPR. (Ayes 4. Noes 2.) (July 6). Read
second time, amended, and re-referred to Com. on APPR.
COMM. LOCATION : SEN APPROPRIATIONS
HEARING DATE : 08/17/2009

[Maggie]

LAST HIST. ACT. DATE: 08/19/2009
LAST HIST. ACTION : Read second time. To third reading.
FILE : SEN THIRD READING
FILE DATE : 08/24/2009
ITEM : 305

[Maggie]

BILL NUMBER: AB 45 ENROLLED
BILL TEXT

PASSED THE SENATE SEPTEMBER 4, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE SEPTEMBER 2, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN SENATE JUNE 10, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009

INTRODUCED BY Assembly Member Blakeslee

DECEMBER 1, 2008

An act to add and repeal Article 2.11 (commencing with Section
65893) of, and to repeal the heading of Article 2.11 (commencing with
Section 65892.13) of, Chapter 4 of Division 1 of Title 7 of the
Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST

AB 45, Blakeslee. Distributed generation: small wind energy
systems.

The California Renewables Portfolio Standard Program requires that
an electrical corporation, as defined, procure a specified minimum
percentage of electricity generated by eligible renewable energy
resources, as defined, in any given year as a specified percentage of
total kilowatthours sold to retail end-use customers each calendar
year (renewables portfolio standard), subject to specified limits.
The renewables portfolio standard requires each retail seller to
increase its total procurement of eligible renewable energy resources
by at least an additional 1% of retail sales per year so that 20% of
its retail sales are procured from eligible renewable energy
resources no later than December 31, 2010.

This bill would authorize a county to adopt an ordinance that
provides for the installation of small wind energy systems outside an
urbanized area, but within the county's jurisdiction, and to
establish a process for the issuance of conditional use permits for
these systems, subject to specified conditions. The bill would also
authorize a county to impose conditions on the installation of these
systems, but would prohibit the county from imposing conditions
relating to specified aspects of these systems that are more
restrictive than certain specified requirements of, and conditions
upon, these systems.

This bill would authorize a county that has not adopted an
ordinance providing for the installation of these systems within its
jurisdiction by January 1, 2011, to adopt an ordinance providing for
the installation of these systems within its jurisdiction at a later
date, but would require that ordinance, when adopted, to be in
accordance with a specified provision of law. The bill would
specifically exempt ordinances approved prior to January 1, 2011,
from the provisions of this article. The bill would require a county
to approve an application for the installation of one of these
systems submitted between January 1, 2011, and the date of the county'
s adoption of an ordinance that meets specified requirements through
the issuance of a ministerial permit that meets specified
requirements, if the county establishes a process for the issuance of
conditional use permits for small wind energy systems.

This bill would authorize a county to impose as a condition of
approval a requirement that a small wind energy system be removed if
it remains inoperable for 12 consecutive months, and the small wind
energy system, at that time, would be subject to nuisance codes and
code enforcement action. The bill would specify that nothing in this
article interferes with or prevents the exercise of authority by a
county to carry out its programs, projects, or responsibilities, or
affects the requirements imposed under any other provision of law.

The bill would declare that it is the policy of the state to
promote and encourage the use of distributed renewable energy systems
and to limit obstacles to their use.

The bill would require the State Energy Resources Conservation and
Development Commission to submit, on or before January 1, 2016, to
the Assembly and Senate Committees on Local Government and the
Assembly Committee on Utilities and Commerce, a report containing
specified information, including the number of applications for small
wind energy systems received and approved by the counties that have
adopted wind energy system ordinances on or after January 1, 2011.

This bill would provide that its provisions would be repealed on
January 1, 2017.

[Maggie]

BILL NUMBER: AB 45 CHAPTERED
BILL TEXT

CHAPTER 404
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 4, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE SEPTEMBER 2, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN SENATE JUNE 10, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009

INTRODUCED BY Assembly Member Blakeslee

DECEMBER 1, 2008

An act to add and repeal Article 2.11 (commencing with Section
65893) of, and to repeal the heading of Article 2.11 (commencing with
Section 65892.13) of, Chapter 4 of Division 1 of Title 7 of the
Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST

AB 45, Blakeslee. Distributed generation: small wind energy
systems.

The California Renewables Portfolio Standard Program requires that
an electrical corporation, as defined, procure a specified minimum
percentage of electricity generated by eligible renewable energy
resources, as defined, in any given year as a specified percentage of
total kilowatthours sold to retail end-use customers each calendar
year (renewables portfolio standard), subject to specified limits.
The renewables portfolio standard requires each retail seller to
increase its total procurement of eligible renewable energy resources
by at least an additional 1% of retail sales per year so that 20% of
its retail sales are procured from eligible renewable energy
resources no later than December 31, 2010.

This bill would authorize a county to adopt an ordinance that
provides for the installation of small wind energy systems outside an
urbanized area, but within the county's jurisdiction, and to
establish a process for the issuance of conditional use permits for
these systems, subject to specified conditions. The bill would also
authorize a county to impose conditions on the installation of these
systems, but would prohibit the county from imposing conditions
relating to specified aspects of these systems that are more
restrictive than certain specified requirements of, and conditions
upon, these systems.

This bill would authorize a county that has not adopted an
ordinance providing for the installation of these systems within its
jurisdiction by January 1, 2011, to adopt an ordinance providing for
the installation of these systems within its jurisdiction at a later
date, but would require that ordinance, when adopted, to be in
accordance with a specified provision of law. The bill would
specifically exempt ordinances approved prior to January 1, 2011,
from the provisions of this article. The bill would require a county
to approve an application for the installation of one of these
systems submitted between January 1, 2011, and the date of the county'
s adoption of an ordinance that meets specified requirements through
the issuance of a ministerial permit that meets specified
requirements, if the county establishes a process for the issuance of
conditional use permits for small wind energy systems.

This bill would authorize a county to impose as a condition of
approval a requirement that a small wind energy system be removed if
it remains inoperable for 12 consecutive months, and the small wind
energy system, at that time, would be subject to nuisance codes and
code enforcement action. The bill would specify that nothing in this
article interferes with or prevents the exercise of authority by a
county to carry out its programs, projects, or responsibilities, or
affects the requirements imposed under any other provision of law.

The bill would declare that it is the policy of the state to
promote and encourage the use of distributed renewable energy systems
and to limit obstacles to their use.

The bill would require the State Energy Resources Conservation and
Development Commission to submit, on or before January 1, 2016, to
the Assembly and Senate Committees on Local Government and the
Assembly Committee on Utilities and Commerce, a report containing
specified information, including the number of applications for small
wind energy systems received and approved by the counties that have
adopted wind energy system ordinances on or after January 1, 2011.

This bill would provide that its provisions would be repealed on
January 1, 2017.