Existing law gives the State Energy Resources Conservation and Development Commission exclusive jurisdiction to certify the construction of thermal powerplants and exempts certain projects with generating capacities of up to 100 megawatts from certification if there are no substantial environmental or energy resource impacts.

This bill would additionally authorize the commission to exempt from the certification requirement, only until January 1, 2030, a thermal powerplant that generates electricity using exclusively geothermal resources and is found by the commission to meet specified criteria, including that the person proposing the powerplant files an application on or before June 30, 2029, with the local governmental agency that has land use and related jurisdiction over the area in which the powerplant is located, that the local governmental agency will be the lead agency for the project and will require a discretionary permit that is subject to environmental review pursuant to CEQA, that the person proposing the powerplant certifies that specified skilled and trained workforce requirements will be followed if the exemption is granted, and that the powerplant has a net generating capacity of 50 to 150 megawatts or that modifications are being made to the powerplant to add capacity resulting in total net generating capacity of 50 to 150 megawatts. megawatts, and for any plan for multiple geothermal powerplants that use at least one common infrastructure component and those powerplants, in total, have a net generating capacity of 50 or more megawatts. Upon the commission granting an exemption, the bill would require the local governmental agency to be the lead agency for purposes of CEQA to certify the site and related facility, as provided. The bill would would, until January 1, 2030, make the local governmental agency that has land use and related jurisdiction over the area of the proposed site and related facility the lead agency pursuant to CEQA for any project that the commission exempts from the certification requirement and that generates electricity using geothermal resources as provided.