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AB-3246 Electricity: permit to construct: advanced reconductoring: exemption.(2023-2024)

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Date Published: 06/06/2024 09:00 PM
AB3246:v97#DOCUMENT

Amended  IN  Senate  June 06, 2024
Amended  IN  Assembly  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3246

Introduced by Assembly Member Garcia
(Coauthor: Senator Dodd)

February 16, 2024

An act to add Section 565 to the Public Utilities Code, relating to electricity.


LEGISLATIVE COUNSEL'S DIGEST


AB 3246, as amended, Garcia. Electricity: permit to construct: advanced reconductoring: exemption.
Existing law vests the Public Utilities Commission with regulatory jurisdiction over public utilities, including electrical corporations. The commission, through a general order, prohibits an electrical corporation from beginning construction in this state of any electrical line facilities or substations meeting certain requirements without the commission having first authorized the construction of those facilities by issuing a permit to construct.
This bill would require the commission, on or before January 1, 2026, to update the above-described general order to provide an exemption that would instead authorize an electrical corporation to seek the commission’s approval of advanced reconductoring, as defined, of its existing electrical transmission facilities through the commission’s informal advice letter process, as specified. The bill would require this advice letter to contain certain information, including, among other information, an estimate of the increased capacity expansion. an electrical corporation to seek that commission approval by filing a Tier 2 Advice Letter that follows existing advice letter processes and requirements, and would require the commission, on or before January 1, 2026, to update its Tier 2 Advice Letter process to authorize that filing by an electrical corporation, as specified.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because the provisions of this bill would be a part of the act and a violation of a commission action implementing its requirements would 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) California’s electrical grid has limited capacity, which leads to the curtailment of new renewable energy necessary to reach our climate and clean electrification goals, and requires significant buildout.
(b) California has some of the highest electricity rates in the country and consumers are seeing dramatic bill increases.
(c) New transmission projects require long lead times to be permitted and constructed and often face delays.
(d) There is significant opportunity to expand transmission capacity on existing infrastructure, at lower costs and with shorter timeframes than building new transmission infrastructure.
(e) Climate change and aging transmission infrastructure pose significant risks for wildfire.
(f) Advanced conductors significantly increase transmission capacity and can be used on existing infrastructure.
(g) Advanced conductors have higher reliability than traditionally used aluminum core steel reinforced (ACSR) conductors, decreasing risk of failure, wildfire, and grid outages, and require less maintenance while increasing the life expectancy of the line.

SECTION 1.SEC. 2.

 Section 565 is added to the Public Utilities Code, to read:

565.
 (a) On or before January 1, 2026, the commission shall update General Order 131-D to provide an exemption from Section III(B) (Permit to Construct) of that general order to instead authorize an electrical corporation to seek the commission’s approval of advanced reconductoring of its existing electrical transmission facilities, including electrical transmission lines and substations within existing transmission easements, rights-of-way, or franchise agreements, irrespective of whether the electrical transmission facility is above a 200-kilovolt voltage level, for any electrical transmission facility above a 50-kilovolt voltage level through the commission’s informal advice letter process. To the extent that the project also qualifies for a different exception or exemption set forth in General Order 131-D, the electrical corporation may proceed pursuant to any procedures applicable to that exception or exemption.
(b) The electrical corporation shall seek commission approval for advanced reconductoring that is eligible for the advice letter process described in subdivision (a) by filing a Tier 2 Advice Letter that identifies the advanced reconductoring, establishes that the advanced reconductoring meets the requirements of this section, estimates the increased capacity expansion, and demonstrates that the advanced reconductoring is a prudent and reasonable investment. follows the existing advice letter processes and requirements under General Order 96-B and General Order 131-D.
(c) On or before January 1, 2026, the commission shall update the Tier 2 Advice Letter process in General Order 96-B to authorize the filing described in subdivision (b).
(d) As used in this section, the following definitions apply:
(1) “Advanced conductor” means an overhead electricity conductor installed in a transmission or distribution project that has a direct current electrical resistance at least 10 percent lower than existing conductors of a similar diameter on the system.
(2) “Advanced reconductoring” means replacing an existing transmission or distribution line with an advanced conductor.

SEC. 2.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.