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California Public Resources Code Section 25524.1

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(a) Except for the existing Diablo Canyon Units 1 and 2
owned by Pacific Gas and Electric Company and San Onofre Units 2 and
3 owned by Southern California Edison Company and San Diego Gas and
Electric Company, no nuclear fission thermal powerplant requiring the
reprocessing of fuel rods, including any to which this chapter does
not otherwise apply, excepting any having a vested right as defined
in this section, shall be permitted land use in the state or, where
applicable, certified by the commission until both of the following
conditions are met:
   (1) The commission finds that the United States through its
authorized agency has identified and approved, and there exists a
technology for the construction and operation of, nuclear fuel rod
reprocessing plants.
   (2) The commission has reported its findings and the reasons
therefor pursuant to paragraph (1) to the Legislature.  That report
shall be assigned to the appropriate policy committees for review.
The commission may proceed to certify nuclear fission thermal
powerplants 100 legislative days after reporting its findings unless
within those 100 legislative days either house of the Legislature
adopts by a majority vote of its members a resolution disaffirming
the findings of the commission made pursuant to paragraph (1).
   (3) A resolution of disaffirmance shall set forth the reasons for
the action and shall provide, to the extent possible, guidance to the
commission as to an appropriate method of bringing the commission's
findings into conformance with paragraph (1).
   (4) If a disaffirming resolution is adopted, the commission shall
reexamine its original findings consistent with matters raised in the
resolution.  On conclusion of its reexamination, the commission
shall transmit its findings in writing, with the reasons therefor, to
the Legislature.
   (5) If the findings are that the conditions of paragraph (1) have
been met, the commission may proceed to certify nuclear fission
thermal powerplants 100 legislative days after reporting its findings
to the Legislature unless within those 100 legislative days both
houses of the Legislature act by statute to declare the findings null
and void and takes appropriate action.
   (6) To allow sufficient time for the Legislature to act, the
reports of findings of the commission shall be submitted to the
Legislature at least six calendar months prior to the adjournment of
the Legislature sine die.
   (b) The commission shall further find on a case-by-case basis that
facilities with adequate capacity to reprocess nuclear fuel rods
from a certified nuclear facility or to store that fuel if that
storage is approved by an authorized agency of the United States are
in actual operation or will be in operation at the time that the
nuclear facility requires reprocessing or storage; provided, however,
that the storage of fuel is in an offsite location to the extent
necessary to provide continuous onsite full core reserve storage
capacity.
   (c) The commission shall continue to receive and process notices
of intention and applications for certification pursuant to this
division, but shall not issue a decision pursuant to Section 25523
granting a certificate until the requirements of this section have
been met.  All other permits, licenses, approvals, or authorizations
for the entry or use of the land, including orders of court, which
may be required may be processed and granted by the governmental
entity concerned, but construction work to install permanent
equipment or structures shall not commence until the requirements of
this section have been met.

Last modified: January 12, 2009