Energy (Nuclear)

Existing law prohibits the State Energy Resources Conservation and Development Commission from certifying a nuclear fission thermal powerplant, except for specified powerplants, and provides that a nuclear fission thermal powerplant, except specified powerplants, is not a permitted land use in California unless certain conditions are met regarding the existence of technology for the construction and operation of nuclear fuel rod processing plants and of demonstrated technology or means for the disposal of high-level nuclear waste, as specified. This bill would exempt a nuclear microreactor, as defined, from those provisions.

Existing law prohibits the State Energy Resources Conservation and Development Commission (Energy Commission) from certifying a nuclear fission thermal powerplant, except for specified powerplants, and provides that a nuclear fission thermal powerplant, except those specified powerplants, is not a permitted land use in California unless certain conditions are met regarding the existence of technology for the construction and operation of nuclear fuel rod processing plants and of demonstrated technology or means for the disposal of high-level nuclear waste, as specified. This bill would exempt small modular reactors, as defined, from those provisions. Existing law vests the Public Utilities Commission (PUC) with regulatory authority over electrical corporations and gas corporations. Under existing law, it is the policy of the state that eligible renewable energy resources and zero-carbon resources supply 100% of all retail sales of electricity to California end-use customers and 100% of electricity procured to serve all state agencies by December 31, 2045. Existing law requires the PUC, the Energy Commission, and all other state agencies to incorporate that policy into all relevant planning. This bill would require the PUC, on or before January 1, 2028, to adopt a plan to increase the procurement of electricity generated from nuclear facilities and to phase out the procurement of electricity generated from natural gas facilities.

Existing law authorizes the Public Utilities Commission to fix the rates and charges for public utilities, including electrical corporations and gas corporations, and requires those rates and charges to be just and reasonable. Under existing law, a regulated public utility is prohibited from using ratepayer funds for advocacy-related activities that are political or do not otherwise benefit ratepayers. Existing law prohibits each electrical corporation or gas corporation from recording to an above-the-line account, or otherwise recovering from ratepayers, direct or indirect costs of specified activities. This bill would include in those activities for which costs may not be recovered from ratepayers any activities related to opposing the municipalization of electrical or gas utility service, as specified. Existing law authorizes the commission, each commissioner, and each officer and person employed by the commission to inspect the accounts, books, papers, and documents of any public utility. Existing law establishes within the commission an independent Public Advocate's Office of the Public Utilities Commission and authorizes the office to require an entity regulated by the commission to produce or disclose any information the office deems necessary to perform its duties, as provided. This bill would additionally authorize the office to require an entity regulated by the commission to produce or disclose any information the office deems necessary to support the commission's duties. The bill would also specify that the office has the same authority to discover information and review the accounts of a public utility as the commission and would change the timing of a specified annual report by the office to the Legislature. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the above-described provisions would be part of the act and a violation of a commission action implementing the bill's requirements would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes the State Energy Resources Conservation and Development Commission, with various responsibilities with respect to developing and implementing the state's energy policies. Existing law requires, as part of the 2027 edition of the integrated energy policy report, the commission to include an assessment of the potential for fusion energy to contribute to California's power supply. Existing law requires the commission to carry out technical assessment studies on all forms of energy, including, among others, advanced nuclear powerplant concepts, fusion, and fuel cells. This bill would establish the Fusion Research and Development Innovation Initiative within the commission to accelerate the development and growth of fusion energy by advancing fusion science and technology. The bill would require the commission to administer the initiative and provide financial incentives for projects that, among other things, advance research and development into fusion energy, accelerate the deployment of new research and technology capabilities that support the commercialization of fusion energy, or achieve the initiative's goal of delivering the world's first fusion energy pilot project in the state by the 2040s, as specified. The bill would make its provisions operative, and implementation of its provisions contingent, upon an appropriation by the Legislature for the initiative. The bill would repeal its provisions on January 1, 2028.