AB 738

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.

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

project unless it determines that no more than 35 percent of project land is classified

as prime farmland under current state or federal law. The bill defines a solar project

as an area of land on which solar photovoltaic panels or other devices used for

collecting solar energy and any associated equipment and facilities are installed in

order to generate electricity, designed for nominal operation at a capacity of 15

megawatts or more. The bill defines a wind project as an area of land on which

devices used for collecting wind energy and any associated equipment and facilities

are installed in order to generate electricity, with nominal operation at a capacity of

15 megawatts or more.