SACRAMENTO, CA – Assemblymember Mary Hayashi (D-Hayward) spoke on behalf of her bill, AB 1909: Local Government Power Plants in the Assembly Committee on Utilities and Commerce Monday. AB 1909 ensures that the California Energy Commission honors its process by fully considering the input of the local community.

The California Energy Commission has the sole authority to certify power plants larger than 50 megawatts. By law, the certification process must be conducted in an open and participatory process that is expeditious, safe and in an environmentally acceptable manner.

Assemblymember Hayashi also introduced an amendment to the bill requesting an Urgency Clause. Currently, the CEC is near the end of its review process and will soon release the Presiding Commissioner’s Proposed Decision to override the LORS and certify the project.

Since 2006, the CEC has conducted numerous local hearings, taken tens of hours of testimony, requested multiple studies and asked for the recommendation of its own staff on whether to certify this plant.

The Federal Aviation Administration, California Department of Transportation - Division of Aeronautics, County of Alameda, City of Hayward, Chabot-Las Positas Community College District, Citizens Against Pollution and the California Air Pilots Association have all argued that the power plant should not be built as submitted. 

The only way this second power plant can be built is if the CEC dismisses local input, Caltrans, the FAA and its own independent staff by overriding the City of Hayward’s local Laws, Ordinances, Regulations and Standards (LORS).

Since 2001, the CEC has been faced with the issue of overriding local government’s LORS and the community input four times. They include Metcalf and the Los Esteros Power Projects in Santa Clara County; Morro Bay Power Plant in San Luis Obispo County, and El Segundo Power Plant in Los Angeles County. In every instance, the CEC has overruled the local community’s objections and overridden the LORS.

Several guests also spoke in support of this bill – Alameda County Supervisor Alice Lai-Bitker, Hayward City Mayor Mike Sweeney, Hayward City Councilmember Barbara Halliday, Ms. Audrey LePell, representative for Citizens Against Pollution and Mr. Andy Wilson, representative for the California Pilots Association.

AB 1909 recognizes that every community must share in the responsibility of producing California’s energy needs. However, the bill also aims to have a process where the local community receives significant consideration, fairness and equity when the CEC determines where to certify its next thermal power plants. The bill is especially aimed at high-density urban areas, where there is already a pre-certified power plant and the situation can more easily be an environmental, safety and health issue.

AB 1909 is facing heavy opposition from energy industry lobbyists who support the current CEC power plant siting process. Lloyd E. Levine, chair of Assembly Committee on Utilities and Commerce, said Assemblymember Hayashi had done “overdue diligence” in meeting with him some dozen times about the proposed plant and bringing the local representatives to speak before the committee. Since the bill has been amended with the Urgency Clause, it has been held over for another hearing which is to be scheduled.