Bill Text: CA SB49 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Renewable energy: Department of Transportation: evaluation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-07 - Chaptered by Secretary of State. Chapter 379, Statutes of 2023. [SB49 Detail]

Download: California-2023-SB49-Amended.html

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Amended  IN  Assembly  September 01, 2023

Amended  IN  Assembly  July 12, 2023

Amended  IN  Assembly  July 03, 2023

Amended  IN  Assembly  June 30, 2023

Amended  IN  Assembly  June 15, 2023

Amended  IN  Senate  April 24, 2023

Amended  IN  Senate  March 21, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 49

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Introduced by Senator Becker

December 05, 2022

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An act to add Section 91.9 to the Streets and Highways Code, relating to energy.

LEGISLATIVE COUNSEL'S DIGEST

SB 49, as amended, Becker. Renewable energy: Department of Transportation strategic plan. Transportation: evaluation.

Existing law vests the Department of Transportation with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Existing law authorizes the department to lease, for up to 99 years, areas above or below state highways to public or private entities, as specified. Existing law also authorizes the department to issue certain permits for a state highway’s right-of-way necessary for telegraph, telephone, or electrical lines or of any ditches, pipes, drains, sewers, or underground structures, unless otherwise specifically provided in the instrument conveying title.

This bill would require the department, in coordination with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, to develop a strategic plan to develop evaluate the issues and policies impeding the development of land within department-owned rights-of-way for renewable energy generation facilities, energy storage facilities, and electrical transmission and distribution facilities, as specified. The bill would require the strategic plan to evaluation to, among other things, consider the department owning the facilities, or leasing, granting easements, or entering into joint-use agreements with public utilities or other entities for this purpose. On or before July 1, 2027, the bill would also require the department to publish specified information on its internet website, including the actual amount of area of department-owned rights-of-way subject to a lease, easement, or joint-use agreement for renewable energy generation or energy storage.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

(a)The Legislature finds and declares all of the following:

(1)With Senate Bill 100 (Chapter 312 of the Statutes of 2018) and Senate Bill 1020 (Chapter 361 of the Statutes of 2022), the state has established a target for 100 percent of retail sales of electricity to be from renewable or zero-carbon resources by 2045, with interim targets of 90 percent by 2035 and 95 percent by 2040.

(2)To achieve the 100 percent target for retail sales of electricity, the Senate Bill 100 Joint Agency report from March 2021 estimated that the state will need to add 110 gigawatts of solar generation capacity by 2045.

(3)According to the Solar Energy Industry Association, solar energy generation generally requires 5 to 10 acres per megawatt of generation capacity, and the need for space to support large-scale solar generation can compete against other beneficial uses for that land, including agricultural uses, recreational uses, and land conservation as part of the state’s 30x30 strategy.

(4)It is in the interest of the state to encourage and enable the development of renewable energy generation, including solar energy generation, on land with limited beneficial use, such as along highway rights-of-way, or in rights-of-way where the land can be used for renewable energy generation without interfering with current uses, such as building solar energy generation on canopies above parking lots.

(5)Additional renewable energy generation, especially if paired with energy storage, can also help the state achieve better grid reliability and lower the risk of power outages.

(6)Renewable energy generation from solar energy generation facilities along highway rights-of-way can provide a local source of electricity for electric vehicle charging stations that are also often located along highways.

(7)The Independent System Operator has estimated the need for $30,000,000,000 in investments in increased transmission capacity by 2040 in order to achieve the Senate Bill 100 target.

(8)High-voltage transmission lines are extremely difficult to site and permit, in part because they often require coordination with a large number of landowners and local jurisdictions. Numerous studies have recommended siting new transmission lines along existing rights-of-way as an approach for getting past these siting challenges.

(9)In April 2021, the Federal Highway Administration issued guidance to encourage state departments of transportation to use highway rights-of-way “for pressing public needs relating to climate change,” including “renewable energy generation and electrical transmission and distribution projects.”

(10)Increasing renewable energy generation in urban and suburban areas can also reduce the need for long-distance transmission of renewable energy generated in rural areas into population centers.

(11)Leasing, granting easements over, or entering into joint-use agreements for land within transportation rights-of-way for renewable energy generation, energy storage, and electrical transmission and distribution can be a source of revenue for the state.

(12)Developing renewable energy generation within the transportation rights-of-way can also reduce the state’s roadside maintenance burden by shifting the responsibility for vegetation management to private companies.

(b)It is the intent of the Legislature to increase the availability of state-controlled land within transportation rights-of-way for renewable energy development, energy storage, and electrical transmission and distribution.

SEC. 2.SECTION 1.

 Section 91.9 is added to the Streets and Highways Code, to read:

91.9.

 (a) On or before December 31, 2025, the department, in coordination with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, shall develop a strategic plan for evaluate the issues and policies impeding development of land within department-owned rights-of-way to build and operate as renewable energy generation facilities, energy storage facilities, and electrical transmission and distribution facilities. The strategic plan shall consider the department owning the facilities, or leasing, granting easements over, or entering into joint-use agreements with public utilities or other entities for facility development within department-owned rights-of-way.

(b) The strategic plan evaluation described in subdivision (a) shall do all of the following:

(1) Consider the department owning the facilities, or leasing, granting easements over, or entering into joint-use agreements with public utilities or other entities for facility development within department-owned rights-of-way.

(1)

(2) Evaluate the suitability of the various types of department-owned rights-of-way for the development of renewable energy generation and energy storage facilities.

(2)Identify and quantify

(3) Identify the issues and policies impeding the use of department-owned rights-of-way that could be made available for the development of renewable energy generation and energy storage facilities, to the maximum extent economically feasible, after including consideration of suitability, safety, existing laws, safety, suitability, and other priorities that the department has identified for the department-owned rights-of-way.

(3)Establish goals for

(4) Identify, to the extent possible, the amount of renewable energy generation capacity for and energy storage capacity on the various types of department-owned rights-of-way that will could feasibly be developed by 2030 and 2045. to achieve the goals stated in Section 454.53 of the Public Utilities Code.

(4)

(5) Evaluate, in coordination with the Public Utilities Commission, the Independent System Operator, and other balancing authorities, as defined in subdivision (b) of Section 399.12 of the Public Utilities Code, the suitability of the various types of department-owned rights-of-way for the development of needed electrical transmission and distribution facilities. The evaluation of suitability shall consider and prioritize the need for increased electrical transmission and distribution capacity as identified by the Public Utilities Commission, the Independent System Operator, or other balancing authorities, as well as wildfire mitigation projects for electrical transmission and distribution facilities, as identified in state-approved wildfire mitigation plans submitted pursuant to Section 8386 of the Public Utilities Code. authorities.

(5)Identify department-owned rights-of-way corridors that could be made available for

(6) Identify issues and policies impeding the use of department-owned rights-of-way for the development of needed electrical transmission and distribution facilities, to the maximum extent feasible, after consideration of suitability, safety, including consideration of existing laws, safety, suitability, and other priorities that the department has identified for the department-owned rights-of-way.

(6)Publish

(7) Include requirements for the development of renewable energy generation, energy storage facilities, and electrical transmission and distribution facilities within department-owned rights-of-way, including any safety or environmental issues and the steps that projects will be required to take to mitigate these issues.

(7)

(8) Establish a process for entities interested in leasing or obtaining an easement or joint-use agreement for land within department-owned rights-of-way to operate and build a renewable energy generation facility, an energy storage facility, or an electrical transmission or distribution facility to apply to the department for land use agreements under terms that reasonably encompass the useful life of the project.

(8)Recommend regulatory or statutory changes that, if enacted, would

(9) Provide recommendations to facilitate the development of renewable energy generation facilities, energy storage facilities, and electrical transmission and distribution facilities on department-owned rights-of-way.

(c)On or before July 1, 2027, and annually thereafter, the department shall annually publish on its internet website progress toward the goals established under paragraph (3) of subdivision (b). Measurement of progress shall include, but not be limited to, all of the following information collected during the prior year:

(1)The actual amount of area of department-owned rights-of-way subject to a lease, easement, or joint-use agreement for renewable energy generation or energy storage.

(2)The nameplate capacity of renewable energy generation or energy storage that are operating on department-owned rights-of-way.

(3)The nameplate capacity of renewable energy generation or energy storage that is in the development pipeline to operate on department-owned rights-of-way, and their scheduled commercial operation date.

(4)The number of megawatt-miles of transmission and distribution facilities developed within department-owned rights-of-way.