BILL NUMBER: SB 1059 INTRODUCED
BILL TEXT
INTRODUCED BY Senators Escutia and Morrow
FEBRUARY 22, 2005
An act to add Chapter 4.3 (commencing with Section 25330) to
Division 15 of the Public Resources Code, relating to electricity
transmission.
LEGISLATIVE COUNSEL'S DIGEST
SB 1059, as introduced, Escutia. Electric transmission
corridors.
(1) Existing law requires the State Energy Resources Conservation
and Development Commission to adopt a strategic plan for the state's
electric transmission grid using existing resources. Existing law
requires that the plan identify and recommend actions required to
implement investments needed to ensure reliability, relieve
congestion, and to meet future growth in load and generation,
including, but not limited to, renewable resources, energy
efficiency, and other demand reduction measures.
This bill would authorize the commission to designate a
transmission corridor on its own motion or on petition by any person
who plans to construct an electric transmission line within the
state. The bill would provide that the designation of a transmission
corridor shall serve to identify a feasible corridor in which can be
built a future transmission line that is consistent with the state's
needs and objectives as set forth in the strategic plan adopted by
the commission.
The bill would specify the procedure for designation of a
transmission corridor that would include:
(1) Publication of the request for designation and request for
comments.
(2) Coordination with federal agencies and Native American
governments.
(3) Informational and adjudicatory hearings.
(4) Requirements for a proposed decision.
The bill would require each city anc county in which a designated
corridor is located to take all actions necessary to integrate the
designated corridor in their respective land use plans and
ordinances, thereby creating a state-mandated local program.
(2)
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:(a) California currently lacks a systematic, statewide
approach to transmission planning and permitting that addresses the
state's critical energy and environmental policy goals and allows
transmission projects to move seamlessly from the planning phase into
the permitting phase for timely approval and construction of needed
transmission lines.
(b) Planning for and establishing a high-voltage electric
transmission system to accommodate the development of renewable
resources within the state, facilitate bulk power transactions,
ensure access to out-of-state regions that have surplus power
available, and reliably and efficiently supply existing and projected
load growth is vital to the future economic and social well-being of
California.
(c) The construction of new high-voltage electric transmission
lines within new or existing corridors has become increasingly
difficult and may impose financial hardships and adverse
environmental impacts on the state and its residents. It is in the
interest of the state, therefore, through the electricity
transmission planning process to accomplish all of the following:
(1) Identify the long-term needs for electric transmission
corridors within the state.
(2) Work with stakeholders, appropriate federal, state, and local
agencies, and the public to study transmission corridor alternatives
and designate appropriate corridors for future use to ensure reliable
and efficient electricity for California's residents.
(3) Integrate transmission corridor planning at the state level
with local and regional planning so that designated corridors are
reflected in local and regional plans.
SEC. 2. Chapter 4.3 (commencing with Section 25330) is added to
Division 15 of the Public Resources Code , to read:
CHAPTER 4.3. DESIGNATION OF TRANSMISSION CORRIDORS
25330. (a) The commission may designate a transmission corridor
on its own motion or on petition by a person who plans to construct
an electric transmission line within the state. The designation of a
transmission corridor shall serve to identify a feasible corridor in
which can be built a future transmission line that is consistent with
the state's needs and objectives as set forth in the strategic plan
of Section 25324. A designated transmission corridor shall be
protective of the environment to the extent feasible, consistent with
local and regional land use plans that integrate the transmission
needs of the state, and wide enough to allow for alternative routes
to be considered where feasible. (b) A person planning to construct
an electric transmission line may submit to the commission a petition
to designate a proposed transmission corridor as being consistent
with the strategic plan of Section 25324. The request shall be in the
form prescribed by the commission and shall be supported by such
information as the commission may require.
(c) For purposes of this chapter, an electric transmission line
refers to a proposed electric power line designed for operation at 50
kilovolts or more that would be part of the state's transmission
grid and would exist in a transmission corridor that is being
considered for designation or has been designated pursuant to this
chapter.
(d) The commission shall be the lead agency as provided in Section
21165 for all corridors proposed for designation pursuant to this
chapter. Unless the commission's regulatory program governing the
designation of transmission corridors is certified by the Resources
Agency pursuant to Section 21080.5, the commission shall prepare an
environmental impact report within one year after receipt of a
petition for designation or, if the designation is on the motion of
the commission, within the proceeding for a relevant integrated
energy policy report prepared pursuant to Chapter 4 (commencing with
Section 25300). The environmental document prepared by the commission
shall serve as a programmatic environmental impact report for all
local governmental agencies that must amend their general plans to
identify a designated corridor pursuant to this chapter.
25331. A corridor designated as being consistent with the
strategic plan of Section 25324 shall be so identified in subsequent
strategic plans and its designation reassessed at least every five
years in the planning process for the strategic plan. All subsequent
proceedings in which a person seeks approval to build a transmission
line within a designated corridor shall utilize the environmental
review on the request for designation to the full extent the
environmental review remains relevant to the project under review for
a permit.
25332. (a) In developing a strategic plan or considering a
request for designation, the commission shall confer as needed,
depending on the long-term needs for and possible location of a
transmission corridor, with federal agencies and with Native American
governments to identify appropriate areas within their jurisdiction
that may be designated for one or more corridors for future
transmission lines. The commission shall, to the extent feasible,
coordinate efforts to identify long-term transmission needs of the
state with the land use plans of federal agencies and Native American
governments. (b) The commission shall not designate a transmission
corridor over the tribal land of a Native American government without
the approval of the Native American government.
25333. (a) Upon receipt of a request for designation, the
commission shall arrange for the publication of a summary of the
request for designation in a newspaper of general circulation in each
county in which the proposed corridor would be located. The
commission shall transmit a copy of the request for designation to
all local, regional, state, and federal agencies having an interest
in the proposed corridor. (b )The commission shall request
appropriate local, regional, state, and federal agencies, the
Independent System Operator, interested Native American governments,
and members of the public to provide comments on the suitability of
the proposed corridor to accommodate the construction of a
transmission project with respect to environmental, public health and
safety, land use, economic, and transmission-system impacts or other
factors on which they may have expertise.
25334. (a) Within 45 days of receipt of the request for
designation, the commission shall commence public informational
hearings in the county or counties in which the proposed transmission
project would be located. (b) The purpose of the hearings shall be
to do all of the following:
(1) Provide information about the proposed corridor so that the
public and interested agencies have a clear understanding of what is
being proposed.
(2) Explain the relationship of the proposed corridor to the
commission's strategic plan for the state's electric transmission
grid, as set forth in the most recent integrated energy policy
report.
(3) Receive initial comments about the proposed corridor from the
public and interested agencies.
(4) Solicit information on reasonable alternative corridors.
25335. (a) Within 155 days after the final informational hearing,
the commission shall conduct a prehearing conference to determine
the issues to be considered in adjudicatory hearings pursuant to this
section, to identify the dates for the hearings, and to set forth
filing dates for public comments and testimony from the parties and
interested agencies. Within 15 days of the prehearing conference, the
commission shall issue a hearing order setting forth the issues to
be heard, the dates of the hearings, and the filing dates for
comments and testimony.(b) The commission shall conduct adjudicatory
hearings pursuant to the hearing order. The purpose of the hearings
shall be to receive information upon which the commission can make
findings and conclusions pursuant to Section 25336.
25336. After the conclusion of hearings conducted pursuant to
Section 25335, and no later than 300 days after the receipt of the
request for designation, the commission shall issue a proposed
decision that contains all of the following:(a) The findings and
conclusions of the commission regarding the conformity of the
proposed transmission corridor with the strategic plan for the state'
s electric transmission grid, as set forth in the most recent
integrated energy policy report.
(b) The commission's findings and conclusions on the suitability
of the proposed corridor with respect to environmental, public health
and safety, land use, economic, and transmission-system impacts.
(c) The commission's findings and conclusions on mitigation
measures and alternatives as may be needed to protect environmental
quality, public health and safety, the state's electric transmission
grid, or any other relevant matter.
(d) The commission's findings and conclusions on any other factors
that the commission consider relevant as to whether the proposed
corridor should be designated as being consistent with the strategic
plan for the state's electric transmission grid, as set forth in the
most recent integrated energy policy report prepared pursuant to
Section 25324.
25337. (a) As soon as practicable after the receipt of a request
for designation pursuant to Section 25330, the commission shall
inform local, regional, and federal agencies and Native American
governments in whose jurisdictions a proposed transmission corridor
would be located about the proposed corridor and the objectives of
the most recent strategic plan for the state's electric transmission
grid. The commission shall solicit information from and confer with
all interested agencies and Native American governments about their
land use plans, existing land uses, and other factors in which they
have expertise or interest with respect to a proposed transmission
corridor. Interested agencies and Native American governments shall
be afforded ample opportunity to participate in the commission's
review of a request for designation.(b) After the commission
designates a transmission corridor pursuant to Section 25331, it
shall so notify the affected agencies and shall send each one a copy
of the commission's decision. Each city and county in which the
designated corridor is located shall take all actions necessary to
integrate the designated corridor in their respective land use plans
and ordinances, so that local and regional land use plans will also
designate transmission corridors that the commission has designated
as being consistent with the strategic plan for the state's electric
transmission grid.
SEC. 3.
If the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.