Assembly Bill 531, authored by Assembly Member Chris Rogers (D-Santa Rosa), seeks to usurp local land use authority for smaller geothermal energy projects under 50MW by allowing developers to bypass local governments and seek approval through the California Energy Commission’s AB 205 opt-in permitting process.
AB 531 is sponsored by Sonoma Clean Power (SCP), a consumer choice aggregator serving Sonoma and Mendocino Counties and which is exploring expansion to Lake County. AB 531 is also supported by the California Consumer Choice Association (CalCCA), a statewide association representing Consumer Choice Aggregators (CCAs).
Seeking to expedite geothermal energy permitting for smaller projects, the author and sponsors believe that AB 531 will accelerate permitting for developers by allowing them to seek approval from the Energy Commission. RCRC and its member counties strongly support geothermal energy production but oppose efforts to undermine local permitting authority. Amendments offered by RCRC would require smaller geothermal project developers to first obtain a letter of support from the jurisdiction in which the project will be located before entering the AB 205 opt-in permitting process. With those amendments, RCRC indicated it would be happy to remove its opposition and instead support the bill. California is home to several Known Geothermal Resource Areas (KGRAs), the largest of which is the Geysers Complex that stretches across 30 square miles in Sonoma, Lake, and Mendocino Counties and has a capacity of over 1,500MW. Other major projects are located in Imperial County. Notably, Modoc County has secured Energy Commission grants to explore and research its significant geothermal resources.
The Energy Commission is vested with permitting authority for powerplants over 50MW. Under a new law, AB 205, developers for other types of projects can opt-into the Energy Commission’s permitting process. Projects eligible for this opt-in certification process include: solar photovoltaic and terrestrial wind over 50MW, energy storage projects with a capacity of 200MW-hours or more, thermal powerplants over 50MW (including geothermal), transmission lines, hydrogen production facilities, and clean energy manufacturing facilities over $250 million.
SB 254 (Becker), which is currently pending before the Legislature, would extend the program’s sunset date from 2029 to 2034 and expands eligibility to smaller manufacturing facilities with a capital investment of between $100 million and $250 million. Other rumored proposals would vastly expand the Energy Commission’s authority by allowing it to issue permits in lieu of the Coastal Commission, the San Francisco Bay Conservation and Development Commission, regional water boards, and local air districts.
AB 531 passed the Senate Energy, Utilities, and Communications Committee 16-0 and will next be heard in the Senate Environmental Quality Committee. RCRC’s opposition letter for AB 531 can be found here.
For additional information, contact RCRC Policy Advocate John Kennedy.