Chapter 3.5. Air Pollution Performance Standard For New Generation of California Public Utilities Code >> Division 4.1. >> Chapter 3.5.
(a) For purposes of this section, the following terms have
the following meanings:
(1) "Load-serving entity" has the same meaning as that term is
defined in Section 8340.
(2) "Long-term financial commitment" has the same meaning as that
term is defined in Section 8340.
(3) "New electrical generating facility" means an electrical
generating unit for which all legally required permits have been
received after January 1, 2011. If an electrical generating unit is
added to an existing powerplant after January 1, 2011, only the
incremental capacity from that unit added after January 1, 2011, is a
new electrical generating facility.
(4) "Shared pollution area" means an airshed encompassing a
portion of California and a portion of an adjacent state or country,
as determined by the United States Environmental Protection Agency.
(b) A load-serving entity or local publicly owned electric utility
shall not enter into, and the commission shall not approve for an
electrical corporation, a long-term financial commitment with or for
a new electrical generating facility constructed in California or in
a shared pollution area if that facility does not meet the following
(1) If the new electrical generating facility is in California,
the facility meets best available control technology (BACT)
standards, to control air pollution emissions from the operation of
the facility, and complies with air pollution control district or air
quality management district rules and regulations, and state and
(2) If the new electrical generating facility is outside of
California in a shared pollution area, the facility meets best
available control technology (BACT) standards, to control air
pollution emissions from the operation of the facility, that apply in
the air basin in California adjacent to the facility.