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HomeMy WebLinkAboutCC 2026-01-13_09f Diablo Canyon Restoration of Unity Tax TreatmentItem 9.f. MEMORANDUM TO: City Council FROM: Matthew Downing, City Manager SUBJECT: Support for Legislation Supporting Extended Operations of Diablo Canyon Power Plant and Restoration of Unitary Tax Treatment DATE: January 13, 2026 RECOMMENDATION: 1) Authorize the County of San Luis Obispo to include the City as a supporter of the County’s request for legislation to authorize operations of the Diablo Canyon Nuclear Power Plant (DCPP) for an additional 20 years, restore pre-decommissioning unitary tax treatment for DCPP, and support the California Coastal Commission’s land conservation and public access plan for lands surrounding the DCPP; and 2) Find that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section 15060, subd. (c)(2)-(3), 15378. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No immediate financial impact is projected as a result of this report. BACKGROUND: San Luis Obispo County is the host county for the Diablo Canyon Power Plant (DCPP), the only operating commercial nuclear power plant in California which provides approximately 9% of the State’s total power generation. Historically, the DCPP was assessed a unitary tax, providing approximately $21 million in revenues for the County, cities, school districts, and special districts. The DCPP also provides a number of high - wage jobs within the County, further supporting the region’s economy. In 2016, Pacific Gas and Electric Company announced that DCPP would close by 2025 after a decommissioning process with a corresponding reduction in local tax revenues, the loss of approximately 1,500 jobs and other indirect economic impacts to the region. As a result of this announcement, the City joined other agencies in the County in filing protests against the decommissioning, which ultimately led to a settlement agreement between the parties and the passage of Senate Bill 1090 in 2018. SB 10 90 was a Page 73 of 621 Item 9.f. City Council Support for Legislation Supporting Extended Operations of Diablo Canyon Power Plant and Restoration of Unitary Tax Treatment January 13, 2026 Page 2 bipartisan law focused on easing the impacts of the planned closure of DCPP by funding a Community Impact Mitigation Settlement. However, in 2022, following an increase in energy demand and future demand projections, the State Legislature approved, and the Governor signed, Senate Bill 846 to extend operations at DCPP through 2030 to ensure energy reliability as California continued developing clean energy supplies. However, this legislation included provisions to exempt new investment in DCPP from extending its operations . This exemption prevented the restoration of unitary tax revenues to the region. As a result, unitary tax receipts have been reduced to $8 million in countywide revenues as the assessed value of the plant has declined pending its planned closure. Unitary tax distribution amounts to the City of Arroyo Grande over the past five fiscal years is as follows: ANALYSIS OF ISSUES: On December 16, 20251, the County Board of Supervisors approved the circulation of a draft letter (Attachment 1) to agencies that have received DCPP unitary tax revenue to request State legislation in the 2026 legislative session to: 1) Authorize operations of the DCPP for an additional 20 years; 2) Restore pre-decommissioning unitary tax treatment for the DCPP or, in the alternative, provide other financial mitigations to the County and local jurisdictions impacted by exemptions to the taxable value of the DCPP during the period of extended operations; and 3) Support the California Coastal Commission’s land conservation and public access plan for lands surrounding the DCPP. The County is seeking support from cities within San Luis Obispo County for this request to the legislature in the interest of having a unified coalition of agencies to convey the importance of this issue to the long-term financial stability and public benefit of the region. Participation in the request would allow the inclusion of the City’s name and/or logo on the letter to the legislature. Staff is bringing this request to the Council as the City does not have a Legislative Platform providing policy guidance on considering this request, and a review of previous 1 https://agenda.slocounty.ca.gov/iip/sanluisobispo/agendaitem/details/19787 Fiscal Year Amount 2021-22 83,300$ 2022-23 76,600 2023-24 67,700 2024-25 62,200 2025-26 55,200 Page 74 of 621 Item 9.f. City Council Support for Legislation Supporting Extended Operations of Diablo Canyon Power Plant and Restoration of Unitary Tax Treatment January 13, 2026 Page 3 Council direction on DCPP did not clearly support this request . Representatives of the County will attend the Council meeting in support of this request, which is also being considered by other cities this month. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Authorize the County to include the City as a supporter of the County’s request, as recommended; 2. Do not authorize the County to include the City as a supporter of the County’s request, as recommended; or 3. Provide other direction to staff. ADVANTAGES: The City, the County, other local cities, schools, and special districts have traditionally received a total of $21 million annually in unitary taxes attributable to DCPP, which have been reduced to $8 million as the assessed value of the plant has declined pen ding its planned closure. If the County’s efforts are successful, that unitary tax amount could be significantly restored. DISADVANTAGES: None identified by staff. ENVIRONMENTAL REVIEW: The agenda item is not a project subject to the California Environme ntal Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment (State CEQA Guidelines Sections 15060, subd. (c)(2)-(3), 15378). PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. ATTACHMENTS: 1. Letter Requesting Legislation Supporting Extended Operations of DCPP, Coastal Land Conservation, and Restoration of Unitary Tax Treatment Page 75 of 621 Draft COUNTY OF SAN LUIS OBISPO BOARD OF SUPERVISORS John Peschong District One Supervisor Bruce Gibson District Two Supervisor Dawn Ortiz-Legg Chairperson, District Three Supervisor Jimmy Paulding Vice-Chairperson, District Four Supervisor Heather Moreno District Five Supervisor Katcho Achadjian Government Center County of San Luis Obispo 1055 Monterey Street | San Luis Obispo, CA 93408 | (P) 805-781-5450 | (F) 805-781-1350 boardofsups@co.slo.ca.us | slocounty.ca.gov 12/16/2025 To: Members of the California State Legislature Cc: Relevant Legislative Committees Subject: Request for Legislation Supporting Extended Operations of Diablo Canyon Power Plant, Coastal Land Conservation, and Restoration of Unitary Tax Treatment Dear Members of the Legislature: On behalf of the County San Luis Obispo Board of Supervisors, we write to express our firm support for legislative action to enact measures authorizing Diablo Canyon Power Plant (DCPP) to operate for up to twenty (20) additional years, restore unitary tax treatment for DCPP, and support coastal land conservation and public access near the facility. As the host county for California’s only operating commercial nuclear power plant which provides approximately 9% of the State’s total generation of power, San Luis Obispo County recognizes Diablo Canyon as a critical component of the State’s clean energy infrastructure. Extending the plant’s operational life for up to 20 years would provide stable, carbon free baseload power that strengthens grid reliability, reduces greenhouse gas emissions, and advances California’s clean energy and climate goals. Continuation of operations, however, must be accompanied by fiscal fairness for the communities that host and support the facility. We therefore urge the Legislature to restore pre- decommissioning unitary taxation for DCPP during any extended period of operation. Historically, unitary tax revenues have been distributed to the County, cities, school districts, and special districts, supporting essential public services, educational programs, infrastructure maintenance, and public safety. Restoration of this tax structure is critical to maintaining the fiscal stability of local governments and public agencies. If restoring the pre-decommissioning unitary tax treatment proves infeasible, we request alternate financial mitigations to the County and local jurisdictions impacted by exemptions of taxable value on the DCPP during the period of extended operations established by the statutory prohibition against including operating costs in PG&E’s rate base. In tandem with extended operations, we support further conservation and public access frameworks for lands surrounding Diablo Canyon. Protecting these coastal and natural resources ensures long term environmental stewardship while providing opportunities for responsible public Attachment 1 1 of 2 Page 76 of 621 Draft County of San Luis Obispo Government Center 1055 Monterey Street | San Luis Obispo, CA 93408 | (P) 805-781-5000 | (F) XXX-XXX-XXXX info@slocounty.ca.gov | slocounty.ca.gov access and public benefit. This balanced approach of clean energy, fiscal stability, and environmental conservation serves both local communities and the broader interests of the State. In addition, future DCPP allocations related to changes in the values being assessed for portions of the property that may legislatively transition from highest and best use assessed acres of land towards lower value assessed acres of land due to new conservation restrictions should not financially penalize the affected region with lower assessed revenue figures. Accordingly, we respectfully request that the Legislature: 1.Support the Nuclear Regulatory Commission’s regulatory approval process and establish a state licensing pathway to authorize DCPP to operate for up to 20 additional years. 2.Enact legislation restoring historic pre-decommissioning unitary tax treatment for Diablo Canyon Power Plant including land valuation for the duration of its extended operations or provide alternate equivalent financial mitigations. 3.Support the California Coastal Commission’s land conservation and public access plan for lands surrounding Diablo Canyon, in coordination with appropriate regulatory and conservation agencies. Taken together, these actions represent a prudent and forward-looking policy framework that balances California’s clean energy needs with local fiscal health, environmental protection, and community interests. Thank you for your attention to this important matter. We stand ready to work collaboratively with the Legislature to enact legislation that reflects these priorities and supports a sustainable and equitable future for San Luis Obispo County and the State of California. Sincerely, Chair County San Luis Obispo Board of Supervisors San Luis Obispo County Attachment 1 2 of 2 Page 77 of 621