BILL ANALYSIS
AB 460
Page 1
Date of Hearing: April 2, 2001
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Howard Wayne, Chair
AB 460 (Wyman) - As Introduced: February 20, 2001
SUBJECT : Environmental protection: transmission Path 15.
SUMMARY : This bill exempts from the California Environmental
Quality Act (CEQA) any project involving Path 15.
EXISTING LAW : Under the California Environmental Quality Act
(CEQA) (Pub. Res. Code secs. 21000 et seq.):
1)Provides a systematic process for evaluating the environmental
impacts of a "discretionary project" undertaken or approved by
a public agency. A project is discretionary if its approval
requires the exercise of judgment or deliberation on the part
of the agency. CEQA provides a number of statutory exemptions
from its provisions; in addition, the Secretary of the
Resources Agency is authorized to identify categories of
projects that are exempt because they are determined not to
have a significant effect on the environment.
2)Prescribes specific requirements for evaluating the impacts of
projects that are not exempt. Specifically, the lead agency
(the agency with primary responsibility for approving the
project) first prepares an initial study to determine if the
project may have a significant effect on the environment. If
the initial study shows the project's effects will not be
significant, the lead agency prepares a negative declaration.
If, however, the initial study shows the project's effects may
be significant, then the agency must prepare an environmental
impact report (EIR). Information developed during preparation
of the EIR is used to set conditions on the project. An
agency may only approve the project if all identified
significant effects have been mitigated, unless the agency
makes a finding of overriding considerations. The CEQA
process also serves to provide notice to the public concerning
the project.
THIS BILL : Provides a statutory exemption from CEQA for any
project primarily involved in planning, funding, design, site
acquisition, construction, operation, or maintenance of new or
replacement facilities or structures associated with the
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transmission path known as Path 15.
FISCAL EFFECT : Unknown.
COMMENTS :
1)Understanding Path 15
Generally, transmission is the movement of high-voltage
electricity over long distances. Path 15, located between Tracy
and Bakersfield, is a specific group of high-voltage power lines
that feed electricity back and forth between Northern and
Southern California. A "bottle neck" occurs on the transmission
lines, and in particular with Path 15, when the demand for power
supply from Southern California exceeds the capacity of the
transmission lines.
Working together, municipal utilities, the federal government
and the State have identified a potential two-phase solution to
the current traffic jam on Path 15, that for the last several
months has been a principal component of the blackouts
Californians have experienced.
Phase one of the Path 15 expansion will provide for an
additional 500kV-transmission line between Los Banos and Gates
(the two critical substations on either end of Path 15). This
phase is estimated to be completed by summer 2002 with net
benefits of 500-700MW of additional capacity on the Path 15
lines. Phase two of the Path 15 expansion will provide for
additional transmission lines and will likely be completed by
Summer 2003. When completed, the expansion project will provide
improved reliability and accessibility (transfer of electrons)
between northern and southern California.
2)CEQA Exemption
Under current law, CEQA provides a process by which the
environmental impacts of a project are evaluated. Current law
also provides a number of statutory exemptions from CEQA.
Generally, if a project is not exempt from CEQA (under the
existing statutory and regulatory exemptions), an initial study
is prepared to determine whether a project may have a
significant effect on the environment. If the initial study
shows that there will not be significant adverse impacts on the
environment from the project, the lead agency must prepare a
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negative declaration. If the project is shown to have
significant environmental impacts, the lead agency must prepare
an Environmental Impact Report (EIR).
Generally, an EIR must accurately describe the proposed project,
identify and analyze each significant environmental impact
expected to result from the proposed project, identify
mitigation measures to reduce those impacts to the extent
feasible, and evaluate a range of reasonable alternatives to the
proposed project. Prior to approving any project that has
received environmental review, the lead agency must make certain
findings. If mitigation measures are required or incorporated
into a project, the agency must adopt a reporting or monitoring
program to ensure compliance with those mitigation measures.
According to the author's office, by streamlining the permitting
process for Path 15 through a statutory exemption from CEQA, the
ability to make repairs and upgrades for the transmission lines
will be significantly heightened.
This bill exempts from CEQA any project primarily involving the
planning, funding, design, site acquisition, construction,
operation or maintenance of new or replacement facilities or
structures associated with Path 15.
Several issues are raised by the possibility of an exemption
from CEQA. First, the lack of review would likely allow for
inferior mitigation of impacts for transmission facilities
involving Path 15. Given the fact that no work on Path 15 will
eliminate the "bottle neck" that is currently occurring on the
line by this summer or next summer, it is in the best interest
of the state to thoroughly review any improvements made to Path
15.
Second, existing law provides that the filing of an application
for a certificate of public convenience and necessity (CPCN) is
the triggering event for CEQA review. The language in the bill
includes activities that fall under a CPCN, but also allow for
an exemption for operation and maintenance on a transmission
line, which generally does not require CEQA review. In
addition, the language provides for activities "primarily
involving Path 15" but does not define what "primarily
involving" means. This may cause additional exemptions under
CEQA for project within the vicinity of Path 15 or projects that
involve Path 15, but do not have involvement with the actual
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transmission lines.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Water Agencies
Opposition
Planning on Conservation League
Analysis Prepared by : Kyra Emanuels Ross / NAT. RES. / (916)
319-2092