BILL NUMBER: SB 1059 CHAPTERED
BILL TEXT
CHAPTER 638
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006
APPROVED BY GOVERNOR SEPTEMBER 29, 2006
PASSED THE SENATE AUGUST 31, 2006
PASSED THE ASSEMBLY AUGUST 28, 2006
AMENDED IN ASSEMBLY AUGUST 21, 2006
AMENDED IN ASSEMBLY AUGUST 7, 2006
AMENDED IN ASSEMBLY JUNE 13, 2006
AMENDED IN ASSEMBLY MAY 16, 2006
AMENDED IN SENATE MAY 27, 2005
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, 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
where a future transmission line can be built 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 zone, including
publication of the request for designation and request for comments,
coordination with federal agencies and California Native American
tribes, informational hearings, and requirements for a proposed
decision.
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 10 years.
The bill would require a city or county, after receiving a notice
from the commission of a transmission corridor zone, to consider the
designated transmission corridor zone, as specified, when making a
determination regarding a land use change within or adjacent to the
transmission corridor zone that could affect the continuing viability
to accommodate a transmission line planned within the transmission
corridor zone.
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.
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 transmission 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 transmission corridor
zones are considered by cities and counties when they are making land
use decisions.
(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. A transmission
corridor zone shall not be more than 1,500 feet in width unless
required to accommodate existing land uses and land uses identified
in local general or specific plans, or to avoid environmental
constraints or mitigate potential environmental impacts.
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 where one or more future high-voltage
electric transmission lines can be built that are 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.
25332. The designation of a transmission corridor zone is subject
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.
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 with cities and counties,
federal agencies, and California Native American tribes 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, counties, federal
agencies, and California Native American tribes.
(b) The commission shall not designate a transmission corridor
zone within the jurisdiction of a California Native American tribe
without the approval of the California Native American tribe.
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 where the proposed
transmission corridor zone would be located, and shall notify all
property owners within, or adjacent to, the transmission corridor
zone. 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. The
commission shall publish the application for designation on its
Internet Web site, and notify members of the public that the
application is available on the commission's Internet Web site.
(b) As soon as practicable after the receipt of an application or
upon its own motion for designation of a transmission corridor zone,
the commission shall notify cities, counties, state and federal
agencies, and California Native American tribes 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
tribes 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, California Native
American tribe, or member of the public, including any property owner
within the proposed transmission corridor zone, ample opportunity to
participate in the commission's review of a proposed transmission
corridor zone.
(c) The commission shall request affected cities, counties, state
and federal agencies, the Electricity Oversight Board, the
Independent System Operator, interested California Native American
tribes, and members of the public, including any property owner
within the proposed transmission corridor zone, 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.
(d) The commission shall require a person who files an application
for the designation of a transmission corridor zone to pay a fee
sufficient to reimburse the commission for all costs associated with
reviewing the application. If the commission initiates the
designation of a transmission corridor zone on its own motion, the
commission shall fix the surcharge imposed pursuant to subdivision
(b) of Section 40016 of the Revenue and Taxation Code, at a level
sufficient to cover the commission's added costs.
(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 where 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 180 days after the date of
certification of the environmental impact report prepared pursuant to
Section 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) 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) Other factors that the commission considers relevant.
25338. As soon as practicable after the commission designates a
transmission corridor zone, it shall post a copy of its decision on
its Internet Web site, send a copy of its decision, including a
description of the transmission corridor zone, to each affected city,
county, state agency, and federal agency, and notify property owners
within or adjacent to the corridor of the availability of the
decision on the commission's Internet Web site.
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 10 years. In revising designations of transmission corridor
zones, the commission shall follow the procedures of this chapter.
If, upon regular review or at any other time, 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, state and federal agencies, and
property owners within, or adjacent to, the transmission corridor
zone.
25340. After receiving notice from the commission regarding the
designation or revision of a transmission corridor zone within its
jurisdiction, each city or county shall consider the designated
transmission corridor zone when making a determination regarding a
land use change within or adjacent to the transmission corridor zone
that could affect its continuing viability to accommodate a
transmission line planned within the transmission corridor zone.
Nothing in this section shall preclude compatible uses within or
adjacent to a designated transmission corridor zone.
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.