Power Plant Construction, Compliance Monitoring, and Enforcement Program

Compliance and Monitoring The California Energy Commission (CEC) is the chief building official for projects that it licenses. Power plants of 50 megawatts or larger are decommissioned in accordance with their conditions of certification and all standards (also known as LORS) per Public Resources Code (PRC) Sections 25532 to 25534.2 and Title 20, Division 2, Section 1769 of the California Code of Regulations.  Additionally, under PRC Section 25532, the CEC is required to ensure that any facility certified under Division 15 of the PRC is operating in compliance with conditions adopted or established by the CEC or specified in the written decision on the application. California Code of Regulations, Title 20, section 1770 requires the CEC to “provide adequate monitoring of all conditions and measures set forth in the final decision required to mitigate potential impacts and to assure that the facility is operated in compliance with all applicable laws.” Finally, California Code of Regulations, Title 20, Section 1769 states in part “After the final decision is effective… the project owner shall petition the commission for approval of any change it proposes to the project performance requirements.” In 2022, Assembly Bill 205 was enacted.  Under this bill, the Opt-In Certification Process was established, allowing certain clean and renewable energy development projects to choose a consolidated state permitting option. The CEC is the lead agency for environmental review and permitting, and any approved project follows the same post-certification monitoring requirements. Enforcement The Warren-Alquist Act states that the CEC administratively imposes a civil penalty for significant failure to comply with the terms or conditions of approval as specified by the commission in its written decision. Civil penalties are in accordance with PRC Sections 25534.1, and § 25534 (a)(2)); and PRC Section 25534(b) details that for each violation there is a daily fine attached for each day in which the violation has not been addressed. Upcoming Events No events are available at this time.