07/05/2022 | News release | Distributed by Public on 07/05/2022 09:39
On June 30, 2022, California Governor Gavin Newsom signedAssembly Bill 205 ("AB 205"), which, among various other things, expands the siting jurisdiction of the California Energy Commission ("CEC") to include non-thermal generating facilities, such as solar and wind projects, with a capacity of 50 megawatts (MW) or more. The CEC's siting jurisdiction was previously limited to thermal generating facilities like gas-fired and geothermal power plants with a capacity of 50 MW or more. In addition, AB 205 allows the CEC to have siting jurisdiction over energy storage facilities with a capacity of 200 MW hours or more.
Below is a list of CEC siting-related changes set forth in AB 205:
Upon receipt of an AFC that the CEC determines meets the criteria laid out in AB 205, the CEC would have the exclusive power to certify a site and related facility and the associated environmental impact report, whether the application proposes a new site and related facility or a change or addition to an existing facility. AB 205 contains detailed information on the requirements that a project must meet to fall within the CEC's jurisdiction.
Note that AB 205 does not modify the California Public Utilities Commission's ("CPUC") jurisdiction, including the issuance of a certificate of public convenience and necessity for a facility that is proposed by a utility regulated by the CPUC. The bill also does not supersede the authority of the State Lands Commission to require leases and receive lease revenues, if applicable, or the authority of the California Coastal Commission, the San Francisco Bay Conservation and Development Commission, the State Water Resources Control Board, or regional water quality control boards.
Please see the text of AB 205 for more detailed information. According to AB 205, the bill takes effect immediately.
Stoel Rives attorneys have extensive experience with the CEC's AFC process. If you have any questions about AB 205 and changes to the CEC's jurisdiction, or the CEC's AFC process, please contact Melissa Foster, Allison Smith, or Seth Hilton.