Bill Text: CA SB619 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State Energy Resources Conservation and Development Commission: certification of facilities: electrical transmission projects.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2024-01-25 - Veto sustained. [SB619 Detail]
Download: California-2023-SB619-Amended.html
NOYES
Bill Title: State Energy Resources Conservation and Development Commission: certification of facilities: electrical transmission projects.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2024-01-25 - Veto sustained. [SB619 Detail]
Download: California-2023-SB619-Amended.html
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Amended
IN
Assembly
June 21, 2023 |
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Amended
IN
Senate
May 01, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 619
| Introduced by Senator Padilla (Coauthor: Senator Stern) |
February 15, 2023 |
An act to amend Sections 25545 and 25545.1 of the Public Resources Code, and to add Section 1003.7 to the Public Utilities Code, relating to electricity.
LEGISLATIVE COUNSEL'S DIGEST
SB 619, as amended, Padilla.
State Energy Resources Conservation and Development Commission: certification of facilities: electrical transmission lines. projects.
(1) The California Environmental Quality Act (CEQA) requires preparation of specified documentation before a public agency approves or carries out certain projects. Existing law makes an environmental leadership development project, as defined, that meets specified requirements and is certified by the Governor eligible for streamlined procedures under CEQA. In particular, existing law requires the adoption of rules of court that expedite certain CEQA actions and proceedings related to an environmental leadership development project to resolve those actions and proceedings, to the extent feasible, within 270 days.
Existing law authorizes persons proposing eligible facilities, including electrical transmission lines carrying electricity from certain other facilities that are located in the state to a point of junction with any interconnected electrical transmission system, to file applications for certification, applications, on or before June 30, 2029, with the State Energy Resources Conservation and Development Commission (Energy Commission) to certify sites and related facilities, facilities as
environmental leadership development projects, as specified. Existing law makes a site and related facility certified by the Energy Commission as an environmental leadership development project subject to streamlined procedures under CEQA with no further action by the applicant or the Governor. Under existing law, the commission’s Energy Commission’s certification of sites and related facilities is in lieu of any permit, certificate, or similar document required by any state, local, or regional agency, or federal agency to the extent permitted by federal law, for the use of the sites and related facilities, and supersedes any applicable statute, ordinance, or regulation of any state,
local, or regional agency, or federal agency to the extent permitted by federal law, except as specified. Existing law imposes various requirements on these sites and related facilities certified by the commission, including a requirement that applicants certify that a skilled and trained workforce, as defined, will be used to perform all construction work on the project. Existing law deems the sites and related facilities certified by the commission as environmental leadership development projects, as specified.
This bill would expand the facilities eligible to be certified as environmental leadership development projects by the commission
Energy Commission to include electrical transmission lines carrying electricity from certain other facilities that are located in the state, regardless of whether the electricity is carried to a point of junction with any interconnected electrical transmission system. projects that support the state’s efforts to achieve specified minimum levels of procurement of electricity from renewable energy resources and zero-carbon resources. The bill would authorize the commission,
Energy Commission, when evaluating applications for those eligible electrical transmission facilities, to consider whether an applicant certifies that a capital investment of at least $250,000,000 will be made over a period of 5 years.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(2) Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations. Existing law prohibits an electrical corporation
from beginning the construction of a line, plant, or system, or any extension of a line, plant, or system, without having first obtained from the PUC a certificate that the present or future public convenience and necessity require its construction. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime.
The bill would authorize an electrical corporation that files an application with the PUC authorizing the new construction of any electrical transmission facility to simultaneously submit to the Energy Commission an application for certification of the facility as an environmental leadership development project, as specified. The bill would provide that the Energy Commission’s certification of a facility proposed by an electrical corporation satisfies and replaces the PUC’s obligations under CEQA with respect to that facility. The bill would prohibit the PUC from approving an
application until after the Energy Commission has issued a decision on certification of the proposed facility. Because these provisions would be part of the Public Utilities Act and a violation of these requirements or a PUC action implementing these requirements would therefore be a crime, the bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 25545 of the Public Resources Code is amended to read:25545.
For purposes of this chapter, the following definitions apply:(a) “California Native American tribe” has the same meaning as set forth in Section 21073.
(b) “Facility” means any of the following:
(1) A solar photovoltaic or terrestrial wind electrical generating powerplant with a generating capacity of 50 megawatts or more and any facilities appurtenant thereto.
(2) An energy storage system as defined in Section 2835 of the Public Utilities Code that is capable of storing 200 megawatthours or more of electricity.
(3) A stationary electrical generating powerplant using any source of thermal energy, with a generating capacity of 50 megawatts or more, excluding any powerplant that burns, uses, or relies on fossil or nuclear fuels.
(4) A discretionary project as described in Section 21080 for which the applicant has certified that a capital investment of at least two hundred fifty million dollars ($250,000,000) will be made over a period of five years and the discretionary project is for (A) the manufacture, production, or assembly of an energy storage system or component manufacturing, wind system or component manufacturing, and solar photovoltaic energy system or component manufacturing, or (B) the manufacture, production, or assembly of specialized products, components, or systems that are
integral to renewable energy or energy storage technologies.
(5) An electrical transmission line carrying electricity from a facility described in paragraph (1), (2), or (3) that is located in the state. state to a point of junction with any interconnected electrical transmission system.
(6) An electrical transmission project that supports the state’s efforts to achieve the goals set forth in Section 454.53 of the Public Utilities Code.
(c) “Site” means any location on which an
eligible facility is constructed or is proposed to be constructed.
SEC. 2.
Section 25545.1 of the Public Resources Code is amended to read:25545.1.
(a) A person proposing an eligible facility may file an application for certification no later than June 30, 2029, with the commission to certify a site and related facility in accordance with this chapter, including a person who has an application for certification or small powerplant exemption filed with the commission pursuant to Chapter 6 (commencing with Section 25500) pending as of June 30, 2022. Upon receipt of the application, the commission shall have the exclusive power to certify the site and related facility, whether the application proposes a new site and related facility or a change or addition to an existing facility. This section does not modify the Public Utilities Commission’s jurisdiction, including the issuance of a certificate of public convenience and necessity under Chapter 5 (commencing with Section 1001) of Part 1 of Division 1 of the Public Utilities Code for a facility that is proposed by a utility regulated by the Public Utilities Commission.(b) (1) Except as provided in paragraph (2), the issuance of a certificate by the commission for a site and related facility pursuant to this chapter shall be in lieu of any permit, certificate, or similar document required by any state, local, or regional agency, or federal agency to the extent permitted by federal law, for the use of the
site and related facilities, and shall supersede any applicable statute, ordinance, or regulation of any state, local, or regional agency, or federal agency to the extent permitted by federal law.
(2) Paragraph (1) does not supersede the authority of the State Lands Commission to require leases and receive lease revenues, if applicable, or the authority of the California Coastal Commission, the San Francisco Bay Conservation and Development Commission, the State Water Resources Control Board, or the applicable regional water quality control boards.
(3) For facilities described in paragraph (4) of subdivision (b) of Section 25545, this subdivision does not supersede the authority of local air quality management districts or the Department of Toxic Substances Control.
(c) When evaluating applications for facilities described in paragraph (5) (6) of subdivision (b) of Section 25545, the commission may consider whether the applicant certifies that a capital investment of at least two hundred fifty million dollars ($250,000,000) will be made over a period of five years.
(d) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
SEC. 3.
Section 1003.7 is added to the Public Utilities Code, to read:1003.7.
(a) (1) An electrical corporation that files an application for a certificate or a permit to construct authorizing the new construction of any electrical transmission facility, including transmission lines and substations that will be rated at 138 kilovolts or greater that are not subject to the provisions of Chapter 6 (commencing with Section 25500) of Division 15 of the Public Resources Code, may at the same time submit an application for that facility to the Energy Commission pursuant to Chapter 6.2 (commencing with Section 25545) of Division 15 of the Public Resources Code.(2) For purposes of an application submitted to the Energy Commission pursuant to paragraph (1), the electrical transmission facility shall be
considered a facility pursuant to subdivision (b) of Section 25545 of the Public Resources Code.
(3) When evaluating an application submitted to the Energy Commission pursuant to paragraph (1), the Energy Commission shall not consider the necessity for the electrical transmission facility. The Energy Commission may consider alternative substation locations or routing of transmission lines.
(4) Notwithstanding subdivision (a) of Section 25545.1 of the Public Resources Code, an application to the Energy Commission may be filed no later than December 31, 2039.
(b) This section does not modify the commission’s jurisdiction, including its jurisdiction over the issuance of a certificate of public convenience and necessity or permit to construct pursuant to this article for a facility that is proposed by an electrical
corporation, except as follows:
(1) Certification by the Energy Commission of a facility described in subdivision (a) shall satisfy and replace the commission’s obligations under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(2) The commission shall not issue a final decision approving a certificate or permit to construct until after the Energy Commission has issued a decision on certification of the proposed facility.
(c) Upon approval of the application for a certificate or permit to construct, the commission shall file the applicable notice pursuant to Section 21108 of the Public Resources Code on behalf of itself and the Energy Commission.
