EXECUTIVE ORDER D-28-01


WHEREAS, on January 17, 2001, I proclaimed a State of Emergency to exist due to the energy shortage in the State of California; and

WHEREAS, there is a high probability that the electricity supply shortage will continue to cause rolling blackouts throughout California affecting millions of Californians; and

WHEREAS, all reasonable conservation, allocation, and service restriction measures will not alleviate this energy supply emergency; and

WHEREAS, this energy supply emergency poses a threat to public health, safety, and welfare and requires the siting of new powerplants, increasing the output from operating powerplants, and bringing powerplants that are not currently in operation back on-line to ensure reliability of the grid and delivery of power in the State;

NOW, THEREFORE, I, GRAY DAVIS
, Governor of the State of California, by virtue of the power and authority vested in me by the Constitution and statutes of the State of California, do hereby issue this order to become effective immediately:

IT IS ORDERED that the California Energy Resources Conservation and Development Commission (hereinafter "Energy Commission") and all other reviewing agencies shall have the authority to modify their procedural requirements, including the timelines for notices and hearings in the Warren-Alquist Act and implementing regulations and other applicable statutes and regulations for projects covered by Executive Orders D-22-01, D-24-01, D-25-01, and D-26-01. Procedures established by the Energy Commission and other reviewing agencies for state energy projects in accordance with these orders are exempt from the Administrative Procedure Act (Chapters 3.5, 4.5, and 5 of the California Government Code).

IT IS FURTHER ORDERED that all agencies involved in the expeditious implementation of Executive Orders D-22-01, D-24-01, D-25-01, and D-26-01 shall follow substantive requirements designed to achieve environmental protection and the protection of public health and safety to the maximum extent consistent with the prompt execution of those executive orders.

IT IS FURTHER ORDERED that the Energy Commission, in addition to expediting the processing of Applications for Certification for peaking or renewable powerplants pursuant to Public Resources Code section 25705 and Executive Order D-26-01, shall expedite the processing of Applications for Certification for peaking or renewable powerplants for construction and operation by September 30, 2001. Peaking or renewable powerplants that have a current contract with the Independent System Operator and can be on-line by September 30, 2001, may also apply to be permitted by the Energy Commission under the emergency siting process. All proposals processed pursuant to Public Resources Code section 25705 and Executive Order D-26-01 or this order shall be considered emergency projects under Public Resources Code section 21080(b)(4).

IT IS FURTHER ORDERED that the authority provided to local air pollution control and air quality management districts (hereinafter "districts") and the Air Resources Board in the first ordering paragraph of Executive Order D-24-01 shall also apply to any power generating facility, including any previously permitted existing power generating facility that is not currently operating, as necessary to ensure reliability of the grid and delivery of power in the State. No permit modification (or reinstatement and modification) under Executive Order D-24-01 or this Order shall be valid for a period of more than 3 years from the date of this Order. The authority to modify permits for the purposes identified above shall also include the authority to modify other applicable conditions for those purposes. In exercising the powers to modify (or reinstate and modify) permits and other applicable conditions, districts shall not be required to comply with the notice and hearing requirements of Division 26 of the Health and Safety Code.

IT IS FURTHER ORDERED that this order shall expire on December 31, 2001 unless extended by further executive order responding to the continued need for emergency action to deal with the electricity emergency or unless terminated by proclamation of the Governor or concurrent resolution of the Legislature that the
state of emergency has ended.

The activities herein are authorized to be carried out pursuant to the Emergency Services Act, Government Code Sections 8550 et seq.

I FURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this order.