Late Wednesday night, the Legislature passed AB 205 (Budget), the budget trailer bill related to energy.  Among other things, the bill creates a new process for developers to site renewable energy, energy storage, transmission, and manufacturing through the California Energy Commission, thereby bypassing the local permitting process entirely. 

RCRC joined CSAC and Cal Cities in strongly opposing AB 205, as it is overly broad in usurping local control; excludes local governments from meaningful involvement in major development projects within their jurisdictions; and could result in even more litigation.  RCRC appreciates the letters in opposition sent by several of RCRC’s counties, including Glenn, Monterey, Napa, Nevada, Santa Barbara, Solano, and Tulare Counties. 

The opt-in permitting process may be utilized for solar and terrestrial wind larger than 50MW, energy storage facilities over 200MW, renewable energy manufacturing facilities, and transmission lines.   

Unfortunately, AB 205 misses the mark, as solar facilities will not help the state fix its reliability problems.  It is similarly unclear why major renewable energy manufacturing facilities with over $250 million in investments need such a permitting process.   

While the CEC permitting process is deferential to the input of the Coastal Commission and State Lands Commission for projects within their jurisdictions, there is no similar level of deference or process for input by the local governments where the projects will be sited. 

Among other things, AB 205: 

  • Provides financial assistance to utility customers with past due bills; 

  • Repeals the existing $10/month cap on fixed charges that can be imposed on investor-owned utility customers; 

  • Establishes a long duration energy storage financial incentive program, which excludes pumped storage projects; and 

  • Invests the Department of Water Resources with broad new power to procure or finance electricity to support grid reliability, including streamlined permitting of those projects.

For more information, contact RCRC Policy Advocate John Kennedy.