Proposed constitutional amendment to qualify nuclear as a zero-carbon renewable energy in California to allow for the continued operation of soon-to-be-decommissioned Diablo Canyon Nuclear Power Plant in Avila Beach.
Proposed constitutional amendment to qualify nuclear as a zero-carbon renewable energy in California to allow for the continued operation of soon-to-be-decommissioned Diablo Canyon Nuclear Power Plant in Avila Beach.
Proposed constitutional amendment to qualify nuclear as a zero-carbon renewable energy in California to allow for the continued operation of soon-to-be-decommissioned Diablo Canyon Nuclear Power Plant in Avila Beach.
08/23/19 01:04 PM
32929 RN 19 20388 PAGE 1
LEGISLATIVE COUNS!
ACA No.
as introduced,
General Subject: Energy: nuclear energy.
The California Constitution establishes the Public Utilities Commission with
jurisdiction over all public utilities, subject to control by the Legislature. Existing
statutory law establishes various programs to encourage the deployment of renewable
energy and zero-carbon resources, as defined. One of these programs, the California
Renewables Portfolio Standard Program, requires most retail sellers of electricity to
procure a minimum quantity of their electricity produets from eligible renewable energy
resources, as defined.
This measure would require that the state’s programs relating to renewable energy
and climate change include nuclear energy as a renewable energy resource and
zero-carbon resource. The measure would require that the state’s programs relating to
renewable energy and climate change include electrical generating facilities that use
nuclear energy as renewable electrical generation facilities, eligible renewable energy
resources, and zoro-carbon resources. The measure would require renewable electrical
generation facilities, eligible renewable energy resources, and zero-carbon resources
to include, for licensing and certification purposes, electrical generating facilities that
use nuclear energy. The measure would also prohibit the Legislature from enacting
any law related to energy unless the law is technology neutral, as specified.
Vote: 23. Appropriation: no. Fiscal committee: yes, State-mandated local
program: no08/23/19 01:04 PM
32929 RN 19 20388 PAGE |
Assembly Constitutional Amendment No.
A resolution to propose to the people of the State of California an
amendment to the Constitution of the State, by amending Section 9 of,
and by adding Section 11 to, Article XII thereof, relating to energy.08/23/19 01:04 PM
32929 RN 19 20388 PAGE 2
WHEREAS, In 2018, the Legislature passed Senate Bill 100, which set an
ambitious goal of achieving 100-percent carbon neutrality by 2045 by utilizing various
forms of clean energy; and
WHEREAS, The California Renewables Portfolio Standard Program includes
several forms of energy to help California reach its climate change goals, such as sola,
biomass, and wind, but excludes nuclear power, which is another form of clean energy:
and
WHEREAS, With the impending closure of the Diablo Canyon Power Plant in
the County of San Luis Obispo, California’s energy grid will lose 9 percent of its total
energy generation provided to California’s utility ratepayers; and
WHEREAS, The Diablo Canyon Power Plant generates 2.3 gigawatts of power
at all times to both the regional and statewide energy grid with zero-carbon resources,
\g it one of the most affordable and cleanest energy options in California; and
WHEREAS, To combat climate change and achieve California's clean energy
goals, and provide ratepayers with an affordable source of clean energy, laws passed
by the Legislature should not inhibit or discriminate against existing and new
zero-emission energy technology; now, therefore, be it
Resolved by the Assembly, the Senate concurring, That the Legislature of the
State of California at its 2019-20 Regular Session commencing on the third day of
December 2018, two-thirds of the membership of each house concurring, hereby
proposes to the people of the State of California, that the Constitution of the State be
amended as follows:
First—That Section 9 of Article XII thereof is amended to read
SEC. 9. Fhe-provisions Sections 1 to &, inclusive, of this article restate all
related provisions of the Constitution in effect immediately-priorto-the-effeetive
date-of this amendment before November 5, 1974, and make no substantive change.
Second—That Section 11 is added to Article XII thereof, to read:
SEC. 11. (a) Itis the intent of the people that nuclear energy be treated as
the most environmentally protective and carbon-neutral energy resource for
purposes of all state-supported programs and energy program-related laws.
(b) The State’s programs relating to renewable energy and climate change
shall include nuclear energy as a renewable energy resource and zero-carbon
resource.
) (1) The State’s programs relating to renewable energy and climate change
shall include electrical generating facilities that use nuclear energy as renewable
electrical generation facilities, eligible renewable energy resources, and zero-carbon
resources,
(2) Renewable electrical generation facilities, eligible renewable energy
resources, and zero-carbon resources shall include, for licensing and certification
purposes, electrical generating facilities that use nuclear energy.
(3) For purposes of this subdivision, the terms “renewable electrical
generation facilities,” “eligible renewable energy resources,” and *‘zero-carbon
resources” shall be construed as those terms are used by the Public Utilities
Commission in the programs that it administers and are in operation as of January
1, 2019, and in subsequent modifications to those programs and new programs,
to the extent the use of those terms by the commission remains consistent with
the purposes of this section,08/23/19 01:04 PM
32929 RN 19 20388 PAGE 3
(d) The Legislature shall not enact any law related to energy uniess the law
technology neutral. “Technology neutrai” means not discriminating against any
‘orm of renewable energy or zero-carbon resource, including, but not limited to,
nuclear energy, that could help the State expand its renewable energy protection
or its presence in the renewable energy market.
a 0+