Martin Backup Generating Facility (MBGF)

The CEC has the exclusive authority to certify all thermal power plants 50 megawatts (MW) and larger and related facilities proposed for construction in California. The Small Power Plant Exemption (SPPE) process allows applicants with facilities between 50 and 100 MW to obtain an exemption from CEC’s jurisdiction and proceed with local permitting rather than requiring CEC certification. CEC can grant an exemption if it finds that the proposed facility would not create a substantial adverse impact on the environment or energy resources. Public Resources Code section 25519(c) designates CEC as the “lead agency”, in accordance with the California Environmental Quality Act (CEQA), for all facilities seeking an SPPE. In granting an SPPE, the CEC is not the final approval necessary for construction and operation of a project. Instead, if the CEC grants an SPPE, the responsible local land use authorities and other agencies, such as the local air management district, will assume jurisdiction over the project under their respective permitting processes, and conduct any other necessary environmental review as “responsible agencies” under CEQA.