BILL NUMBER: SB 1059 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2005
AMENDED IN SENATE APRIL 18, 2005
AMENDED IN SENATE APRIL 13, 2005
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 by application of a
person who plans to construct 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 prescribe procedures
for the designation of a transmission corridor, including publication
of the request for designation and request for comments,
coordination with federal agencies and California Native American
governments, informational hearings, and requirements for a proposed
decision.
The bill would require each city and county in which a designated
corridor is located to take all actions necessary to integrate the
designated transmission corridor zone in their respective general and
specific plans, thereby creating a state-mandated local program.
The bill would require the commission, after designating a
transmission corridor zone, to identify that transmission corridor
zone in its subsequent strategic plans and to regularly review and
revise its designated transmission corridor zones as necessary, but
not less than once every 6 years.
The bill would require a city or county, within 12 months after
receiving a notice from the commission of a transmission corridor
zone, to amend its general plan consistent with the commission's
designation or revision.
The bill would require a city or county, within 10 days of
accepting as complete an application for a development project within
a designated transmission corridor zone that the city or county
determines would threaten the potential to construct a high-voltage
electric transmission line, to notify the commission of the proposed
development project. The bill would require the commission, upon
making a specified finding regarding the proposed development
project, to provide written comments to the city or county and would
require the city or county to consider the commission's comments.
The bill would impose a state-mandated local program by imposing
new duties upon local agencies.
(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 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) To promote the efficient use of the existing transmission
system, the state should do both of the following:
(1) Encourage the use of existing rights-of-way, the expansion of
existing rights-of-way, and the creation of new rights-of-way in that
order.
(2) Promote the efficient use of new rights-of-way, where needed,
to improve system efficiency and the environmental performance of the
transmission system.
(d) 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.
(e) 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, or that is under the operational control of the California
Independent System Operator.
(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 land uses and land uses identified in local general or
specific plans, to the extent feasible.
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.
(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 any information that the commission may
require.
(c)
25332. The designation of a transmission corridor zone
is subject to Division 13 (commencing with Section 21000)
and the to the California Environmental Quality Act
(Division 13 (commencing with Section 21000). The commission
shall be the lead agency, as provided in Section 21165, for all
transmission corridor zones proposed for designation 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.
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 cities and counties, federal agencies with
cities and counties, federal agencies, and 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 cities and counties, federal agencies
cities, counties, 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 upon its own
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) As soon as practicable after the receipt of an application or
upon its own motion for designation of a transportation corridor
zone, the commission shall notify cities, counties, state and federal
agencies, and California Native American tribal governments in whose
jurisdictions the proposed transmission corridor zone would be
located regarding the proposed transmission corridor zone and the
objectives of the most recent strategic plan for the state's electric
transmission grid. The commission's notice shall solicit information
from, and the commission shall confer with, all interested cities,
counties, state and federal agencies, and California Native American
tribal governments regarding their land use plans, existing land
uses, and other factors in which they have expertise or interest with
respect to the proposed transmission corridor zone. The commission
shall provide any interested city, county, state or federal agency,
or California Native American tribal government ample opportunity to
participate in the commission's review of a proposed transmission
corridor zone.
(b)
(c) 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
(d) The commission shall require a person who files an application
for the designation of a transmission corridor zone to pay the
reasonable costs incurred by the commission in making this
designation.
(e) Upon receiving the commission'
s request for review of a proposed transmission
corridor zone, a city or county may request a fee pursuant to Section
25538 to cover for the actual and added costs of this review
and the commission shall pay this amount to the city or county
.
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 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 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
180 days after the date of certification of the
environmental impact report prepared pursuant to Section
25331 25332 , 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
25338. As soon as practicable after 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 agency, 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, giving 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.
25339.
After the commission designates a transmission corridor zone, it
shall identify that transmission corridor zone in its subsequent
strategic plans adopted pursuant to Section 25324. The commission
shall regularly review and revise its designated transmission
corridor zones as necessary, but not less than once every six years.
In revising designations of transportation corridor zones, the
commission shall follow the procedures of this chapter. If, upon
review, the commission finds that a transmission corridor zone is no
longer needed, the commission shall revise or repeal the designation
and, as soon as practicable, notify the affected cities, counties,
and state and federal agencies.
25340.
Not more than 12 months after receiving notice from the commission
regarding the designation or revision of a transmission corridor
zone within its jurisdiction, each city or county shall amend its
general plan pursuant to Article 6 (commencing with Section 65350) of
Chapter 3 of Division 1 of Title 7 of the Government Code, to be
consistent with the commission's designation or revision.
25341.
(a) Within a designated transmission corridor zone, within 10 days
of accepting as complete an application pursuant to Section 65943 of
the Government Code for a development project that a city or county
determines would threaten the potential to construct a high-voltage
electric transmission line, the city or county shall notify the
commission of the proposed development project. The notice shall
include a copy of the application, and set a deadline that is not
less than 60 days from the date of the notice for the commission to
provide written comments to the city or county regarding the proposed
development project.
(b) If the commission finds that the proposed development project
would threaten the potential to construct a high-voltage electric
transmission line within the designated transmission corridor zone,
the commission shall provide written comments to the city or county.
The commission may recommend revisions to, redesign of, or mitigation
measures for the proposed development project that would eliminate
or reduce the threat.
(c) The city or county shall consider the commission's comments,
if any, prior to acting on the proposed development project. If the
commission objects to the proposed development project, the city or
county shall provide a written response that shall address in detail
why it did not accept the commission's comments and recommendations.
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.