Bill Text: CA SB619 | 2023-2024 | Regular Session | Amended

California Senate Bill 619

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: State Energy Resources Conservation and Development Commission: certification of facilities: electrical transmission projects.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2024-01-25 - Veto sustained. [SB619 Detail]

Download: California-2023-SB619-Amended.html

Amended IN Senate May 01, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 619

Introduced by Senator Padilla
(Coauthor: Senator Stern)

February 15, 2023

An act to amend Sections 25545 and 25545.1 of the Public Resources Code, relating to electricity.

LEGISLATIVE COUNSEL'S DIGEST

SB 619, as amended, Padilla. State Energy Resources Conservation and Development Commission: certification of facilities: electrical transmission lines.

Existing law authorizes persons proposing eligible facilities, including electrical transmission lines carrying electricity from certain other facilities that are located in the state to a point of junction with any interconnected electrical transmission system, to file applications for certification, on or before June 30, 2029, with the State Energy Resources Conservation and Development Commission to certify sites and related facilities, as specified. Under existing law, the commission’s certification of sites and related facilities is in lieu of any permit, certificate, or similar document required by any state, local, or regional agency, or federal agency to the extent permitted by federal law, for the use of the sites and related facilities, and supersedes any applicable statute, ordinance, or regulation of any state, local, or regional agency, or federal agency to the extent permitted by federal law, except as specified. Existing law imposes various requirements on these sites and related facilities certified by the commission, including a requirement that applicants certify that a skilled and trained workforce, as defined, will be used to perform all construction work on the project. Existing law deems the sites and related facilities certified by the commission as environmental leadership development projects, as specified.

This bill would expand the facilities eligible to be certified by the commission to include electrical transmission lines carrying electricity from certain other facilities that are located in the state, regardless of whether the electricity is carried to a point of junction with any interconnected electrical transmission system. The bill would ~~require the commission to give priority to~~ authorize the commission, when evaluating applications for those eligible electrical transmission ~~facilities if the~~ facilities, to consider whether an applicant certifies that a capital investment of at least $250,000,000 will be made over a period of 5 years.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

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 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 electrical transmission line carrying electricity from a facility described in paragraph (1), (2), or (3) that is located in the state.

SEC. 2.

Section 25545.1 of the Public Resources Code is amended to read:

25545.1.

(a) A person proposing an eligible facility may file an application for certification no later than June 30, 2029, with the commission to certify a site and related facility in accordance with this chapter, including a person who has an application for certification or small powerplant exemption filed with the commission pursuant to Chapter 6 (commencing with Section 25500) pending as of June 30, 2022. Upon receipt of the application, the commission shall have the exclusive power to certify the site and related facility, whether the application proposes a new site and related facility or a change or addition to an existing facility. This section does not modify the Public Utilities Commission’s jurisdiction, including the issuance of a certificate of public convenience and necessity under Chapter 5 (commencing with Section 1001) of Part 1 of Division 1 of the Public Utilities Code for a facility that is proposed by a utility regulated by the Public Utilities Commission.

(b) (1) Except as provided in paragraph (2), the issuance of a certificate by the commission for a site and related facility pursuant to this chapter shall be in lieu of any permit, certificate, or similar document required by any state, local, or regional agency, or federal agency to the extent permitted by federal law, for the use of the site and related facilities, and shall supersede any applicable statute, ordinance, or regulation of any state, local, or regional agency, or federal agency to the extent permitted by federal law.

(2) Paragraph (1) does not supersede the authority of the State Lands Commission to require leases and receive lease revenues, if applicable, or the authority of the California Coastal Commission, the San Francisco Bay Conservation and Development Commission, the State Water Resources Control Board, or the applicable regional water quality control boards.

(3) For facilities described in paragraph (4) of subdivision (b) of Section 25545, this subdivision does not supersede the authority of local air quality management districts or the Department of Toxic Substances Control.

(c) ~~The commission shall give priority to an application for a facility~~ When evaluating applications for facilities described in paragraph (5) of subdivision (b) of Section ~~25545 if~~ 25545, the commission may consider whether the applicant certifies that a capital investment of at least two hundred fifty million dollars ($250,000,000) will be made over a period of five years.

(d) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.