Bill Text: CA SB460 | 2009-2010 | Regular Session | Amended

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Bill Title: Energy: transmission lines.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB460 Detail]

Download: California-2009-SB460-Amended.html

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BILL NUMBER: SB 460	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 29, 2009
	AMENDED IN SENATE  APRIL 30, 2009
	AMENDED IN SENATE  APRIL 22, 2009
	AMENDED IN SENATE  APRIL 20, 2009
	AMENDED IN SENATE  APRIL 14, 2009

INTRODUCED BY   Senator Wolk
    (   Principal coauthor: 
 Assembly Member   Yamada  
) 

                        FEBRUARY 26, 2009

    An act to add Part 2.11 (commencing with Section 10920)
to Division 6 of the Water Code, relating to water conservation.
  An act to amend Section 53091 of the Government Code,
to amend Section 25107 of, and to add Section 25502.1 to, the Public
Resources Code, and to repeal Section 12808.5 of the Public Utilities
Code, relating to energy. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 460, as amended, Wolk.  Water management plans.
  Energy: transmission lines.  
   (1) Existing law requires any person proposing to construct an
electric transmission line to obtain a certification from the State
Energy Resources Conservation and Development Commission. Existing
law defines "electric transmission line" as an electric powerline
carrying electric power from a thermal powerplant to a point of
junction with an interconnected transmission system.  
   This bill would additionally define "electric transmission line"
to include a high-voltage transmission line proposed to be built by a
local publicly owned electric utility. The bill would require a
local publicly owned electric utility proposing to construct an
electric transmission line to certify to the commission that it has
undertaken a specified action.  
   (2) Existing law requires a municipal utility district to
undertake specified actions before the district may locate or
construct a line for the transmission or distribution of electric
energy.  
   This bill would repeal this requirement and would make a
conforming change.  
   The Urban Water Management Planning Act requires each urban water
supplier to prepare and implement a water management plan for the
efficient use of available water supplies. The Agricultural Water
Management Planning Act requires, until 1993 except as otherwise
provided, every agricultural water supplier serving water directly to
customers to prepare an informational report based on information
from the last 3 irrigation seasons on its water management and
conservation practices.  
   This bill would require urban water suppliers to include
additional information in their reports, including for each plan a
detailed description and analysis of a long-term plan to reduce water
use. The bill would require agricultural water suppliers to prepare
and adopt a specified agricultural water management plan. 

   The bill would require that the water suppliers submit their
reports to an unspecified entity. The bill would provide that a water
supplier that does not prepare, adopt, and submit its plan in
accordance with the bill's requirements is ineligible to receive
specified funds. The bill would create the unspecified entity and
require it to develop an open and transparent process for the
collection and analysis of the data submitted to it by the water
suppliers, create and maintain a statewide database on water use,
conservation, and water use efficiency, and provide recommendations
for improvements to water suppliers' plans to meet a statewide goal.
The bill would also require the unspecified entity to submit an
annual report to the Legislature. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 53091 of the  
Government Code   is amended to read: 
   53091.  (a) Each local agency shall comply with all applicable
building ordinances and zoning ordinances of the county or city in
which the territory of the local agency is situated.
   (b) On projects for which state school building aid is requested
by a local agency for construction of school facilities, the county
or city planning commission in which the local agency is located
shall consider in its review for approval information relating to
attendance area enrollment, adequacy of the site upon which the
construction is proposed, safety features of the site and proposed
construction, and present and future land utilization, and report
thereon to the State Allocation Board. If the local agency is
situated in more than one city or county or partly in a city and
partly in a county, the local agency shall comply with the ordinances
of each county or city with respect to the territory of the local
agency that is situated in the particular county or city, and the
ordinances of a county or city shall not be applied to any portion of
the territory of the local agency that is situated outside the
boundaries of the county or city. Notwithstanding the preceding
provisions of this section, this section does not require a school
district or the state when acting under the State Contract Act
(Article 1 (commencing with Section 10100) of Chapter 1 of Part 2 of
Division 2 of the Public Contract Code) to comply with the building
ordinances of a county or city.
   (c) Each local agency required to comply with building ordinances
and zoning ordinances pursuant to this section and each school
district whose school buildings are inspected by a county or city
pursuant to Section 53092 shall be subject to the applicable
ordinances of a county or city requiring the payment of fees, but the
amount of those fees charged to a local agency or school district
shall not exceed the amount charged under the ordinance to
nongovernmental agencies for the same services or permits.
   (d) Building ordinances of a county or city shall not apply to the
location or construction of facilities for the production,
generation, storage, treatment, or transmission of water, wastewater,
or electrical energy by a local agency.
   (e) Zoning ordinances of a county or city shall not apply to the
location or construction of facilities for the production,
generation, storage, treatment, or transmission of water, or for the
production or generation of electrical energy,  facilities
that are subject to Section 12808.5 of the Public Utilities Code,
 or electrical substations in an electrical transmission
system that receives electricity at less than 100,000 volts. Zoning
ordinances of a county or city shall apply to the location or
construction of facilities for the storage or transmission of
electrical energy by a local agency, if the zoning ordinances make
provision for those facilities.
   SEC. 2.    Section 25107 of the   Public
Resources Code   is amended to read: 
   25107.  "Electric transmission line" means  any 
 either of the following: 
    (a)     An  electric powerline
carrying electric power from a thermal powerplant located within the
state to a point of junction with  any   an
 interconnected transmission system. "Electric transmission line"
does not include  any   a  replacement on
the existing site of existing electric powerlines with electric
powerlines equivalent to  such   those 
existing electric powerlines or the placement of new or additional
conductors, insulators, or accessories related to  such
  those  electric powerlines on supporting
structures in existence on the effective date of this division or
certified pursuant to this division. 
   (b) A high-voltage electric transmission line proposed to be built
by a local publicly owned electric utility, as defined in Section
224.3 of the Public Utilities Code. For the purposes of this
subdivision, a "high-voltage" transmission line is an electric
powerline with a rating of 250 kilovolts or higher. 
   SEC. 3.    Section 25502.1 is added to the  
Public Resources Code   , to read:  
   25502.1.  A local publicly owned electric utility that proposes to
construct an electric transmission line, as defined in subdivision
(b) of Section 25107, shall certify to the commission as part of its
application that it has participated in a joint transmission planning
process conducted by the Independent System Operator. 
   SEC. 4.    Section 12808.5 of the   Public
Utilities Code   is repealed.  
   12808.5.  (a) Notwithstanding Sections 53091 and 65402 of the
Government Code, Section 12808 of the Public Utilities Code and
Section 1469 of the Streets and Highways Code or any other provision
of law, no district may locate or construct, any lines, for the
transmission or distribution of electrical energy, including poles
and other accessory structures, unless such facilities are approved
pursuant to this section.
   (b) The district shall hold a public hearing on proposed
facilities which are subject to this section.
   (1) Mailed notice of the public hearing shall be provided at least
10 days prior to the hearing, to the owners of all property within
300 feet of the route along which such facilities are proposed to be
located.
   (2) If mailed notice as required in paragraph (1) above would
result in notice to more than 250 persons, as an alternative to such
mailed notice, notice may be given by placing a display advertisement
of at least one-fourth page in a newspaper of general circulation
within the area affected by the proposed facility.
   (c) After holding a hearing as provided in subdivision (b), the
district shall submit any proposed facilities to the legislative body
of each local agency in which such facilities are to be located. The
legislative bodies shall conduct a public hearing, receive evidence,
and, within 60 days, adopt a resolution approving, approving an
alternative, or disapproving, the proposed facilities.
   Any resolution adopted pursuant to this subdivision shall contain
findings concerning:
   (1) The consistency of the proposed facilities with the local
agency's general plan and applicable redevelopment and specific
plans.
   (2) Whether there are feasible alternatives to the proposal.
   (3) Such other factors related to the public health, safety and
welfare as are included within the ordinance adopted by the local
agency pursuant to subdivision (e) of this section.
   Failure of a legislative body to render a decision within 60 days
shall be deemed to constitute an approval of the proposed facilities.

   (d) Notwithstanding the provisions of subdivision (c), the
governing board of the district by vote of four-fifths of its members
may render a local agency's decision inapplicable to proposed
facilities if the district, at a publicly noticed hearing, determines
by resolution that there is no feasible alternative to the district'
s proposal. Prior to adopting the resolution, the district shall read
into the record the local agency's resolution. The board shall,
within 10 days, notify the city or county concerned of such action.
If the governing board has taken such action the local agency may
commence an action in the superior court of the county whose action
is involved or in which is situated the city whose action is
involved, seeking a review of such action of the governing board of
the district to determine whether it was supported by substantial
evidence. The evidence before the court shall include, but not be
limited to, the record of the proceedings before the city, county,
and local agency. The city or county shall cause a copy of the
complaint to be served on the board. If the court determines that
such action was not supported by substantial evidence, it shall
declare it to be of no force and effect, and the local agency's
decision shall be applicable to the proposed facilities.
   (e) This section shall not apply to:
   (1) Any facilities proposed to be located within any local agency
which has not adopted an ordinance setting forth criteria to govern
its decision pursuant to subdivision (c) of this section.
   (2) Any electrical distribution lines of less than 100,000 volts.
   (f) As used in this section, the term "feasible" means capable of
being accomplished in a successful manner within a reasonable period
of time, taking into account economic, environmental, social, and
technological factors.
   (g) As used in this section, "local agency" means a city, a city
and county, or a county. Within cities this section shall not apply
to counties.  All matter omitted in this version of the bill
appears in the bill as amended in Senate, April 30, 2009 (JR11)