Today's Law As Amended


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SB-619 State Energy Resources Conservation and Development Commission: certification of facilities: electrical transmission projects.(2023-2024)



As Amends the Law Today


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 energy. 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 electric electrical  transmission line carrying electricity from a facility described in paragraph (1), (2), or (3) that is located in the state to a point of junction with any interconnected electrical transmission system.
(6) An electrical transmission project.
(c) “Site” means any location on which an eligible facility is constructed or is proposed to be constructed.

SEC. 2.

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

25545.14.
 An applicant applying for certification of an electrical transmission project under this chapter 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. 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) The Energy Commission may recover from the electrical corporation the reasonable administrative costs incurred from evaluating an application submitted pursuant to paragraph (1).
(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.
(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. 4.
 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.