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California Public Resources Code Section 25524.2

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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, including
any to which this chapter does not otherwise apply, but excepting
those exempted herein, shall be permitted land use in the state, or
where applicable, be certified by the commission until both of the
following conditions have been met:
   (a) The commission finds that there has been developed and that
the United States through its authorized agency has approved and
there exists a demonstrated technology or means for the disposal of
high-level nuclear waste.
   (b) (1) The commission has reported its findings and the reasons
therefor pursuant to paragraph (a) 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 subdivision (a).
   (2) 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 subdivision (a).
   (3) 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.
   (4) If the findings are that the conditions of subdivision (a)
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 take appropriate action.
   (5) 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.
   (c) As used in subdivision (a), "technology or means for the
disposal of high-level nuclear waste" means a method for the
permanent and terminal disposition of high-level nuclear waste.
Nothing in this section requires that facilities for the application
of that technology or means be available at the time that the
commission makes its findings.  That disposition of high-level
nuclear waste does not preclude the possibility of an approved
process for retrieval of the waste.
   (d) 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