Bill Text: CA SB884 | 2021-2022 | Regular Session | Amended
Bill Title: Electricity: expedited utility distribution infrastructure undergrounding program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-29 - Chaptered by Secretary of State. Chapter 819, Statutes of 2022. [SB884 Detail]
Download: California-2021-SB884-Amended.html
Amended
IN
Assembly
June 13, 2022 |
Amended
IN
Senate
April 26, 2022 |
Amended
IN
Senate
April 07, 2022 |
Amended
IN
Senate
March 16, 2022 |
Introduced by Senator McGuire |
January 26, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 65935 is added to the Government Code, to read:65935.
“Undergrounding development project” means an undergrounding project identified in a plan approved by the Public Utilities Commission pursuant to Section 563 of the Public Utilities Code.SEC. 2.
Section 65940 of the Government Code, as amended by Section 4 of Chapter 161 of the Statutes of 2021, is amended to read:65940.
(a) (1) Each public agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a development project. Each public agency shall revise the list of information required from an applicant to include a certification of compliance with Section 65962.5, and the statement of application required by Section 65943. Copies of the information, including the statement of application required by Section 65943, shall be made available to all applicants for development projects and to any person who requests the information.SEC. 3.
Section 65943 of the Government Code, as amended by Section 7 of Chapter 161 of the Statutes of 2021, is amended to read:65943.
(a) Not later than 30 calendar days after any public agency has received an application for a development project, the agency shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant for the development project. If the application is determined to be incomplete, the lead agency shall provide the applicant with an exhaustive list of items that were not complete. That list shall be limited to those items actually required on the lead agency’s submittal requirement checklist. In any subsequent review of the application determined to be incomplete, the local agency shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete. If the written determination is not made within 30 days after receipt of the application, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which the public agency shall determine the completeness of the application. If the application is determined not to be complete, the agency’s determination shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the public agency in response to the list and description.SEC. 4.
Section 65950 of the Government Code, as amended by Section 9 of Chapter 161 of the Statutes of 2021, is amended to read:65950.
(a) A public agency that is the lead agency for a development project shall approve or disapprove the project within whichever of the following periods is applicable:SEC. 5.
Section 65960.7 is added to the Government Code, to read:65960.7.
(a) Notwithstanding any other law, only one permit from the lead agency and one permit from each responsible agency shall be required for all activities required to complete construction and begin operation of an undergrounding development project.SEC. 6.
Section 21180 of the Public Resources Code is amended to read:21180.
For purposes of this chapter, the following definitions apply:SEC. 7.
Section 21183 of the Public Resources Code is amended to read:21183.
The Governor may certify a leadership project for streamlining before a lead agency certifies a final environmental impact report for a project under this chapter if all the following conditions are met:SEC. 8.
Section 563 is added to the Public Utilities Code, to read:563.
(a) For purposes of this section, the following definitions apply:(1)(A)A telecommunications provider with infrastructure colocated on utility poles that will be removed as part of the project shall cooperate with the participating large electrical corporation to underground that infrastructure as part of the project so that the utility pole can be entirely removed, except as specified in subparagraph (B). The telecommunications provider shall pay the portion of the costs associated with undergrounding its infrastructure.
(B)Telecommunications
infrastructure that provides personal wireless services, as defined in Section 332 of Title 47 of the United States Code, or mobile services, as defined in Section 153 of Title 47 of the United States Code, shall not be required to be relocated underground pursuant to this section.
(i)(1)A participating large electrical corporation shall earn a rate of return on investments or expenditures made pursuant to the program based on the performance metric developed pursuant to paragraph (2).
(2)(A)On or before June 30, 2023, the
commission shall develop a performance metric for purposes of paragraph (1).
(B)At a minimum, the performance metric shall, for each undergrounding project, withhold any moneys earned by the participating large electrical corporation through the rate of return pursuant to this subdivision until 60 consecutive months have elapsed without either the undergrounding project’s infrastructure causing a deenergization event or a wildfire resulting from the undergrounding project’s infrastructure.