Bill Text: CA AB3238 | 2023-2024 | Regular Session | Amended
Bill Title: California Environmental Quality Act: electrical infrastructure projects.
Spectrum: Slight Partisan Bill (Democrat 9-4)
Status: (Engrossed) 2024-06-25 - From committee: Do pass and re-refer to Com. on E.Q. (Ayes 13. Noes 0.) (June 24). Re-referred to Com. on E.Q. [AB3238 Detail]
Download: California-2023-AB3238-Amended.html
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Amended
IN
Senate
June 12, 2024 |
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Amended
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Assembly
May 16, 2024 |
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Amended
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Assembly
April 25, 2024 |
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Amended
IN
Assembly
April 17, 2024 |
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Amended
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Assembly
April 08, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 3238
| Introduced by Assembly Member Garcia (Coauthors: Assembly Members Alvarez, Calderon, Juan Carrillo, Flora, Gipson, Mathis, Jim Patterson, Rodriguez, Wallis, Weber, Wood, and Zbur) |
February 16, 2024 |
An act to add and repeal Section 21080.60 of the Public Resources Code, and to add and repeal Chapter 8.5 (commencing with Section 2845) of Part 2 of Division 1 of the Public Utilities Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 3238, as amended, Garcia.
California Environmental Quality Act: electrical infrastructure projects.
(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. The CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. The CEQA exempts certain projects from its requirements, including actions necessary to prevent or mitigate an emergency.
This bill would, until January 1, 2030, exempt from CEQA projects for the expansion of an existing public right-of-way across state-owned land to accommodate the construction, expansion, modification, or update of electrical infrastructure, as defined, meeting certain requirements, including the requirement that the lead agency for the project is either the Public Utilities Commission or a state agency owning or managing the state-owned land.
(2) Existing law prohibits an electrical corporation from beginning the construction of a line, plant, or system, or extensions of those facilities without first having to obtain from the Public Utilities Commission a certificate that the present or future convenience and necessity require or will require the construction. Existing law specifies that the certificate is not required for the extension, expansion, upgrade, or other modification of existing electrical
transmission facilities.
The
This bill would, for electrical infrastructure projects, as defined, designate the commission as the lead agency for purposes of the CEQA, would require the commission to prescribe procedures for the preparation of the appropriate environmental review document for those projects, and would specify the manner in which the environmental review for those projects is to be conducted. The bill would repeal
these provisions on January 1, 2035.
The bill would repeal these provisions on January 1, 2035.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 21080.60 is added to the Public Resources Code, to read:21080.60.
(a) This division does not apply to the expansion of an existing right-of-way across a state-owned land to accommodate the construction, expansion, modification, or update of an electrical infrastructure project, as defined in Section 2845 of the Public Utilities Code, if all of the following apply:(1) The project is limited to the acquisition of a right-of-way, and any future project shall be reviewed pursuant to this division before any approval that would authorize physical changes to land covered by the right-of-way.
(2) There is an existing right-of-way, such as electrical transmission lines and
associated facilities, the use of which is consistent with the proposed electrical infrastructure use.
(3) The proposed expanded right-of-way is not dedicated to conservation purposes that may be incompatible with potential future development within the right-of-way. compatible with existing uses and management plans on the affected property.
(4) The total width of right-of-way does not exceed 200 feet.
(5) The lead agency is the Public Utilities Commission or a state agency owning or managing the state-owned land, including the State Lands Commission,
the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Transportation, the Department of Water Resources, and the Department of General Services.
(b) If the lead agency determines that a project is exempt from this division pursuant to this section, the lead agency shall file a notice of exemption with the Office of Planning and Research in accordance with Section 21108.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 2.
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, mitigation 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) For purposes of subdivision (b) of Section 21081 of the Public Resources Code, a rebuttable presumption that there is an overriding economic, legal, social, technological, or other benefit of the project that outweighs a significant effect on the
environment is established if the commission makes the finding required by specified in paragraph (3) of subdivision (a) of Section 21081 of the Public Resources Code and the project has been identified and approved by the Independent System Operator in a transmission
plan.
