BILL NUMBER: SB 1059 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 4, 2005
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 amended, 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 zone on its own motion or
on petition by any application of a
person who plans to construct an a
high‑ voltage 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
prescribe procedures for the designation of a
transmission corridor that would include:
(1)
(a) Publication of the request for
designation and request for comments.
(2)
(b) Coordination with federal agencies and
California Native American governments.
(3)
(c) Informational and adjudicatory hearings.
(4)
(d) Requirements for a proposed decision.
The bill would require each city anc and
county in which a designated corridor is located to take all
actions necessary to integrate the designated transmission
corridor zone in their respective land use
general and specific 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:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California currently lacks an integrated, statewide approach
to electric transmission planning and permitting that addresses the
state's critical energy and environmental policy goals and allows
electric transmission projects to move seamlessly from the planning
phase into the permitting phase for timely approval and construction
of needed electric 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
corridor zones within the state.
(2) Work with stakeholders, appropriate federal, state, and local
agencies, and the public to study transmission corridor zone
alternatives and designate appropriate corridor zones for future use
to ensure reliable and efficient delivery of electricity for
California's residents.
(3) Integrate transmission corridor zone planning at the state
level with local planning so that designated corridor zones are
reflected in local general and specific plans.
(d) Orderly planning and development of needed high-voltage
electric transmission lines through the designation of transmission
corridor zones is an issue of statewide concern.
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. For purposes of this chapter, the following terms have the
following meanings:
(a) "Feasible" has the same meaning as in Section 21061.1.
(b) "High-voltage electric transmission line" means an electric
transmission line with an operating capacity of at least 200
kilovolts.
(c) "Transmission corridor zone" means the geographic area
necessary to accommodate the construction and operation of one or
more high-voltage electric transmission lines, consistent with
existing adjacent land uses.
25331. (a) The commission may designate a transmission corridor
zone on its own motion or by application of a person who plans to
construct a high-voltage electric transmission line within the state.
The designation of a transmission corridor zone shall serve to
identify a feasible corridor in which can be built a future
high-voltage electric transmission line that is consistent with the
state's needs and objectives as set forth in the strategic plan
adopted pursuant to Section 25324. A designated transmission corridor
zone shall be protective of the environment and, to the extent
feasible, consistent with local general and specific plans that
integrate the electric transmission needs of the state, and wide
enough to allow for alternative routes to be considered where
feasible.
(b) A person planning to construct a high-voltage electric
transmission line may submit to the commission an application to
designate a proposed transmission corridor zone as being consistent
with the strategic plan adopted pursuant to Section 25324. The
application shall be in the form prescribed by the commission and
shall be supported by such information as the commission may require.
(c) The commission shall be the lead agency as provided in Section
21165 for all transmission corridor zones proposed for designation
pursuant to this chapter. Unless the commission's regulatory program
governing the designation of transmission corridor zones is certified
by the Secretary of the Resources Agency pursuant to Section
21080.5, the commission shall prepare an environmental impact report
within one year of receipt of an application 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 impact report prepared by the commission shall serve as
a programmatic environmental impact report for all cities and
counties that must amend their general or specific plans to identify
a transmission corridor zone designated pursuant to this chapter.
25332. (a) A transmission corridor zone designated as being
consistent with the strategic plan adopted pursuant to Section 25324
shall be so identified in subsequent strategic plans and its
designation reviewed at least every six years in the planning process
for the strategic plan.
(b) If, upon review, the commission finds a transmission corridor
zone is no longer needed, the designation of that transmission
corridor zone shall expire and the commission shall notify affected
cities, counties, and state and federal agencies.
(c) All subsequent state or local proceedings in which a person
seeks approval to build a transmission line within a designated
transmission corridor zone shall use the environmental impact report
prepared pursuant to Section 25331 to the extent that environmental
impact report remains relevant to the project under review in the
determination of the reviewing agency.
25333. (a) In developing a strategic plan pursuant to Section
25324 or considering an application for designation pursuant to this
chapter, the commission shall confer as needed, depending on the
long-term needs for and possible location of a transmission corridor
zone, with federal agencies and with California Native American
tribal governments to identify appropriate areas within their
jurisdictions that may be suitable for a transmission corridor zone.
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 California Native American tribal
governments.(b) The commission shall not designate a transmission
corridor zone within the jurisdiction of a California Native American
tribal government without the approval of the California Native
American tribal government.
25334. (a) Upon receipt of an application or motion for
designation of a transmission corridor zone, the commission shall
arrange for the publication of a summary of the application in a
newspaper of general circulation in each county in which the proposed
transmission corridor zone would be located. The commission shall
transmit a copy of the application for designation to all cities,
counties, and state and federal agencies having an interest in the
proposed transmission corridor zone.
(b) The commission shall request affected cities, counties, state
and federal agencies, the Independent System Operator, interested
California Native American tribal governments, and members of the
public to provide comments on the suitability of the proposed
transmission corridor zone with respect to environmental, public
health and safety, land use, economic, and transmission-system
impacts or other factors on which they may have expertise. Upon
receiving the commission's request for review of a proposed
transmission corridor zone, a city or county may impose a fee to
cover for the actual and added costs of this review.
25335. (a) Within 45 days of receipt of the application or motion
for designation, the commission shall commence public informational
hearings in the county or counties in which the proposed transmission
corridor zone would be located.
(b) The purpose of the hearings shall be to do all of the
following:
(1) Provide information about the proposed transmission corridor
zone so that the public and interested agencies have a clear
understanding of what is being proposed.
(2) Explain the relationship of the proposed transmission corridor
zone to the commission's strategic plan for the state's electric
transmission grid, as set forth in the most recent integrated energy
policy report adopted pursuant to Chapter 4 (commencing with Section
25300).
(3) Receive initial comments about the proposed transmission
corridor zone from the public and interested agencies.
(4) Solicit information on reasonable alternatives to the proposed
transmission corridor zone.
25336. (a) Within 155 days of 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 25337.
25337. After the conclusion of hearings conducted pursuant to
Section 25336, and no later than 90 days after completion of the
environmental impact report prepared pursuant to Section 25331, the
commission shall issue a proposed decision that contains its findings
and conclusions regarding all of the following matters:
(a) Conformity of the proposed transmission corridor zone with the
strategic plan adopted pursuant to Section 25324.
(b) Suitability of the proposed transmission corridor zone with
respect to environmental, public health and safety, land use,
economic, and transmission-system impacts.
(c) Any 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) Any other factors that the commission considers relevant.
25338. (a) As soon as practicable after the receipt of an
application for designation pursuant to Section 25331, the commission
shall inform cities, counties, state and federal agencies, and
California Native American tribal governments in whose jurisdictions
the proposed transmission corridor zone would be located about the
proposed transmission corridor zone 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 cities, counties, state and federal agencies, and
California Native American tribal 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 zone. Interested cities, counties, state and federal
agencies, and California Native American tribal governments shall be
afforded ample opportunity to participate in the commission's review
of a proposed transmission corridor zone.
(b) Once the commission designates a transmission corridor zone
pursuant to Section 25332, it shall send a copy of its decision,
including a description of the transmission corridor zone, to each
affected city, county, state and federal agency. Each city and county
in which the designated transmission corridor zone is located may
otherwise permit development within the designated transmission
corridor with commission approval in accordance with local agency
policy, given full consideration to appropriate restrictions within,
and adjacent to, the designated transmission corridor zone. Each city
and county in which the designated transmission corridor zone is
located shall integrate the designated transmission corridor zone
into their respective general and specific plans during the next
regular plan revision, but not later than five years following
receipt of the commission's decision.
SEC. 3. The Legislature finds and declares that Sections 65104 and
66014 of the Government Code provide local agencies with authority
to levy fees sufficient to pay for the program or level of service
mandated by this act.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
(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.