Today's Law As Amended


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AB-3238 California Environmental Quality Act: electrical infrastructure projects.(2023-2024)



As Amends the Law Today


SECTION 1.

 Chapter 8.5 (commencing with Section 2845) is added to Part 2 of Division 1 of the Public Utilities Code, to read:

CHAPTER  8.5. Electrical Infrastructure Projects
Article  1. Definitions
2845.
 For purposes of this chapter, the following definitions apply:
(a) “Applicant” means the entity proposing an electrical infrastructure project.
(b) “California Environmental Quality Act” or “CEQA” means Division 13 (commencing with Section 21000) of the Public Resources Code and guidelines adopted pursuant to that division.
(c) “Electrical infrastructure project” or “project” means a project for the construction and operation of an electrical transmission line and associated infrastructure, including substations and ancillary facilities, that requires discretionary approval by the commission pursuant to Section 1001 or the commission’s General Order 131-D or its successor.
(d) “Resources agency” means the State Lands Commission, the San Francisco Bay Conservation and Development Commission, the Department of Fish and Wildlife, the California Coastal Commission, or any local authorities delegated authority under the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), or the State Water Resources Control Board or the applicable regional water quality control boards.
Article  2. General Provisions
2845.10.
 (a) For an electrical infrastructure project, the commission is the lead agency for purposes of compliance with CEQA.
(b) The commission shall prescribe procedures for the preparation by the applicant of an environmental impact report, negative declaration, mitigated negative declaration, addendum, or analysis of the applicability of an exemption from CEQA, under the supervision of the commission. The commission may provide the applicant with appropriate guidance and assist in its preparation. The commission shall independently evaluate the appropriateness of the environmental document prepared and shall take responsibility for the contents.
(c) (1) In lieu of an initial study prepared pursuant to subdivision (c) of Section 21080 of the Public Resources Code, or a proponent’s environmental assessment, an applicant may elect to prepare and submit with its application an administrative draft of an environmental impact report, mitigated negative declaration, negative declaration, addendum, or draft analysis of the applicability of an exemption from CEQA.
(2) In using its independent judgment to determine whether a project is exempt from CEQA and, if not, whether the project may have a significant impact necessitating the preparation of an environmental impact report, the commission shall use the document submitted pursuant to paragraph (1).
(d) In reviewing an electrical infrastructure project pursuant to CEQA, a resource agency that is a responsible agency having discretionary approval related to the project shall only consider an environmental effect of the project that occurs within the resources agency’s jurisdiction.
2845.11.
 An application for an electrical infrastructure project shall be in a form prescribed by the commission and shall be supported by information as the commission may require to support the preparation of an environmental impact report, mitigated negative declaration, negative declaration, or addendum, pursuant to CEQA, or analysis of the applicability of an exemption from CEQA and authorization of the electrical infrastructure project pursuant to this chapter.
2845.12.
 (a) (1) For an electrical infrastructure project located in the geographic jurisdiction of the San Francisco Bay Conservation and Development Commission, the commission shall consult with the San Francisco Bay Conservation and Development Commission to coordinate the processing and sequencing of the applications to expedite the permitting process.
(2) In the Suisun Marsh Secondary Management Area and the portions of the Primary Management Area with a local protection program, the San Francisco Bay Conservation and Development Commission shall assume permitting authority for processing and issuing marsh development permits using the local protection programs as guidance.
(b) The San Francisco Bay Conservation and Development Commission, the State Water Resources Control Board, or the applicable regional water quality control board, as applicable, shall take final action on the electrical infrastructure project within 90 days of the commission’s approval of the electrical infrastructure project, if the applicant has filed a complete, final application for a permit or waste discharge requirement, as applicable, with those agencies before the approval by the commission.
2845.13.
 (a) No later than 270 days after the commission determines that an application for an electrical infrastructure project is complete, or as soon as practicable thereafter, the commission shall determine whether to certify the environmental impact report, adopt a negative declaration, mitigated negative declaration, or an addendum, or determine that the project is exempt from CEQA, and approve the project.
(b) The time period specified in subdivision (a) may be extended if any of the following occurs:
(1) The commission is required to recirculate the environmental impact report pursuant to Section 15088.5 of Title 14 of the California Code of Regulations.
(2) Substantial changes are proposed in the project that may involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
(3) Substantial changes occur with respect to the circumstances under which the project is undertaken that may involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
(4) New information of substantial importance, that was not known and could not have been known with the exercise of reasonable diligence before the commission publishes the notice of availability, is submitted that may require additional analysis and consideration.
(5) The commission, in consultation with the Department of Fish and Wildlife or the State Water Resources Control Board, if applicable, determines that additional time is necessary to obtain information and conduct surveys, including due to seasonal constraints.
2845.14.
 For electrical infrastructure projects that have been approved by the Independent System Operator in a transmission plan prepared pursuant to the Independent System Operator’s Federal Energy Regulatory Commission tariff, all of the following apply:
(a) The statement of objectives sought by the project, including the underlying purpose and project benefits, required by CEQA, including Section 15124 of Title 14 of the California Code of Regulations, shall be those identified by the Independent System Operator’s approved transmission plan.
(b) In addition to a no-project alternative, the commission may limit the range of reasonable alternatives considered as required by Section 21081 of the Public Resources Code and Section 15124 of Title 14 of the California Code of Regulations to alternative routes or locations for the construction of the project approved in the relevant Independent System Operator’s approved transmission plan. Notwithstanding Section 1002.3, the commission is not required to consider demand-side alternatives.
(c) Pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the commission may include factual findings of the Independent System Operator regarding a project’s objectives and benefits in the commission’s statement of objectives and any statement of overriding considerations. Doing so is consistent with subdivision (b) of Section 15093 of, and subdivision (b) of Section 15124 of, Title 14 of the California Code of Regulations. Nothing in the California Environmental Quality Act requires the commission to ignore those findings and it is reasonable for the commission to recognize them.
2845.15.
 Section 1002.3 and subparagraph (D) of paragraph (2) of subdivision (a) of Section 1005.1 do not apply to any application filed pursuant to Section 1001 or for any other approval of the electrical infrastructure project.
Article  3. Repeal
2846.
 This chapter shall remain in effect only until January 1, 2035, and as of that date is repealed.