AB 1169

Current law prohibits a person from beginning construction of a large electric

generating facility (LEGF) unless the Public Service Commission grants a certificate

of public convenience and necessity (CPCN) for the proposed facility. An LEGF is

defined as a facility with a nominal operating capacity of 100 megawatts or more. In

addition, a public utility may not engage in certain construction, expansion, or other

projects unless PSC grants a certificate of authority (CA) for the proposed project.

The bill defines a “solar project” and “wind project” as an area of land on which,

respectively, solar photovoltaic panels or devices used for collecting wind energy,

along with any associated equipment and facilities, are installed in order to generate

electricity, and which altogether is designed for nominal operation at a capacity of

15 megawatts or more.

Under this bill, before the PSC may approve a CA or a CPCN for the

construction of a solar project or wind project, the person seeking the certificate must

seek approval from each city, village, and town in which the solar project or wind

project is to be located. The bill requires a city, village, or town to approve or

disapprove a proposed solar project or wind project by adopting a resolution to that

effect no later than 90 days receiving a request for such approval. If the city, village,

or town fails to act within that time period, the project is considered approved. The

bill allows this deadline to be extended for certain reasons. Current law limits the

authority of political subdivisions to regulate solar and wind energy systems,

allowing political subdivisions to impose restrictions only if they meet certain

conditions. The bill provides that those limitations do not apply to the approval or

disapproval of a solar project or a wind project by a city, town, or village. Current law

also imposes procedures for political subdivisions that receive applications for

approval relating to wind energy systems. Those procedures do not apply to approval

or disapproval of a wind project under the bill.

Under the bill, PSC may not issue a CPCN or CA for a solar project or wind

project unless each city, village, and town in which the project is proposed to be

located has adopted a resolution approving the project.