Today's Law As Amended


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SB-1165 State Energy Resources Conservation and Development Commission: certification of facilities: electrical transmission facilities or projects.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 25545.14 is added to the Public Resources Code, to read:

25545.14.
 An applicant applying for certification of an electrical transmission project pursuant to Section 1003.7 of the Public Utilities Code shall do all of the following:
(a) Avoid or minimize significant environmental impacts in any disadvantaged community.
(b) If measures are required pursuant to Division 13 (commencing with Section 21000) to mitigate significant environmental impacts in a disadvantaged community, mitigate those impacts consistent with that division, including Section 21002. Mitigation measures required under this section shall be undertaken in, and directly benefit, the affected community.
(c) Enter into a binding and enforceable agreement to comply with this section before the commission’s certification of the environmental impact report for the project.

SEC. 2.

 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 or electrical transmission project, including transmission lines and substations that will be rated at 138 kilovolts or greater that are not subject to 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) The Energy Commission may recover from the electrical corporation the reasonable administrative costs incurred from evaluating an application submitted pursuant to paragraph (1). Any fees collected pursuant to this paragraph shall be deposited into the Energy Facility License and Compliance Fund established pursuant to Section 25806 of the Public Resources Code.
(5) Notwithstanding subdivision (a) of Section 25545.1 of the Public Resources Code, an application to the Energy Commission may be filed no later than January 1, 2032.
(6) This section does not expand the projects eligible to be certified pursuant to Section 25545.13 of the Public Resources Code or Chapter 7 (commencing with Section 21189.80) of Division 13 of the Public Resources Code.
(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.
SEC. 3.
  No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.