As part of his May Budget Revision, Governor Newsom put forth a package of energy trailer bills to help improve the state’s energy reliability. The package invests in energy production, storage, and demand response measures, but one piece strips local governments of authority to site and permit the following types of projects:
- Solar or wind generation projects 50MW or larger and appurtenant facilities
- Energy storage projects 200MW or larger
- Projects for the manufacture, production, or assembly of products, components, or systems integral to renewable energy or energy storage with a capital investment of at least $250 million over five years
- Electric transmission lines
Rather than rely on the existing permitting process, the trailer bill invests permitting authority with the California Energy Commission (CEC), which is also charged with preparing related environmental documents. The proposal allows the CEC to override any state, local, or regional requirements when the CEC determines the facility is required for public convenience and necessity.
In another affront to traditional local permitting authority, the proposal requires the CEC to work with the Coastal Commission and State Lands Commission on projects within their jurisdictions to address any issues they raise; however, there is no similar consultation process or requirement to address concerns raised by the impacted local government.
The bill also expedites the CEQA litigation review process for covered projects and limits the instances in which a court can grant injunctive relief barring construction or operation.
RCRC joined CSAC in strongly opposing a similar permitting proposal the Administration suggested as part of last year’s budget and will continue fighting this effort.
Please contact John Kennedy, RCRC Policy Advocate, with any questions.