SB 38 California Senate · 2023-2024 Regular Session

Battery energy storage facilities: emergency response and emergency action plans.

Summary
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission to implement and enforce standards for the maintenance and operation of facilities for the generation and storage of electricity owned by an electrical corporation or located in the state to ensure their reliable operation. This bill would require each battery energy storage facility located in the state and subject to the requirement described above to have an emergency response and emergency action plan that covers the premises of the battery energy storage facility, as specified. The bill would require the owner or operator of the facility, in developing the plan, to coordinate with local emergency management agencies, unified program agencies, and local first response agencies. To the extent the bill would impose new duties on local government agencies, the bill would create a state-mandated local program. The bill would require the owner or operator of the facility to submit the plan to the county and, if applicable, the city where the facility is located. 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 provisions would be part of the act and a violation of a commission action implementing this bill's requirements would be a crime, the 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill status signed all 5 stages cleared
Introduction
Dec 2022
Committee Review
Aug 2023
Senate Passage
May 2023
Assembly Passage
Sep 2023
Signed into Law
Oct 2023
Introduced Dec 5, 2022 Signed Oct 7, 2023
Floor votes · Senate May 25, 2023 · Assembly Sep 6, 2023

How they voted

40–0
Passed
Total votes 40
May 25, 2023
D Democratic31
31 Yea
100% Yea
R Republican9
9 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
31
Key actions
12
Committee
6
Amendments
7
Oct 7, 2023
Signed into law
Approved by the Governor.
legislature
Sep 7, 2023
Upper · Passed
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2464.) Ordered to engrossing and enrolling.
upper
Sep 6, 2023
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 6, 2023
Lower · Passed
Read third time. Passed. (Ayes 77. Noes 0. Page 2966.) Ordered to the Senate.
lower
Aug 31, 2023
Lower · Passed
Read third time and amended.
lower
Aug 23, 2023
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 23).
lower
Jul 13, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 14. Noes 0.) (July 12). Re-referred to Com. on APPR.
lower
Jul 3, 2023
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & E.
lower
Jun 8, 2023
Committee
Referred to Com. on U. & E.
lower
May 25, 2023
Upper · Passed
Read third time. Passed. (Ayes 40. Noes 0. Page 1295.) Ordered to the Assembly.
upper
May 18, 2023
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0. Page 1158.) (May 18).
upper
Apr 18, 2023
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Apr 17, 2023
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0. Page 637.) (April 10).
upper
Mar 29, 2023
Committee
Re-referred to Com. on E., U. & C.
upper
Mar 22, 2023
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Jan 18, 2023
Committee
Referred to Com. on RLS.
upper
Dec 5, 2022
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 1 co-sponsor

Sponsors