State Energy Resources Conservation and Development Commission: certification of facilities: electrical transmission projects.
Summary
(1) The California Environmental Quality Act (CEQA) requires preparation of specified documentation before a public agency approves or carries out certain projects. Existing law makes an environmental leadership development project, as defined, that meets specified requirements and is certified by the Governor eligible for streamlined procedures under CEQA. In particular, existing law requires the adoption of rules of court that expedite certain CEQA actions and proceedings related to an environmental leadership development project to resolve those actions and proceedings, to the extent feasible, within 270 days. 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, on or before June 30, 2029, with the State Energy Resources Conservation and Development Commission (Energy Commission) to certify sites and related facilities as environmental leadership development projects, as specified. Existing law makes a site and related facility certified by the Energy Commission as an environmental leadership development project subject to streamlined procedures under CEQA with no further action by the applicant or the Governor. Under existing law, the Energy 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. This bill would expand the facilities eligible to be certified as environmental leadership development projects by the Energy Commission to include electrical transmission projects. The bill would require an applicant applying for certification of an electrical transmission project to take certain actions, including, among other actions, to avoid or minimize significant environmental impacts in any disadvantaged community. (2) Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations. Existing law prohibits an electrical corporation from beginning the construction of a line, plant, or system, or any extension of a line, plant, or system, without having first obtained from the PUC a certificate that the present or future public convenience and necessity require its construction. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime. The bill would authorize an electrical corporation that files an application with the PUC to authorize the new construction of any electrical transmission facility to simultaneously submit to the Energy Commission an application for certification of the facility as an environmental leadership development project, as specified. The bill would authorize the Energy Commission to recover the reasonable administrative costs incurred from evaluating an application, as specified. The bill would provide that the Energy Commission's certification of a facility proposed by an electrical corporation satisfies and replaces the PUC's obligations under CEQA with respect to that facility. The bill would prohibit the PUC from approving an application until after the Energy Commission has issued a decision on certification of the proposed facility. Because these provisions would be part of the Public Utilities Act and a violation of these requirements or a PUC action implementing these requirements would therefore 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.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Feb 2023
Committee Review
Sep 2023
Senate Passage
May 2023
Assembly Passage
Sep 2023
Vetoed
Jan 2024
Introduced Feb 15, 2023
Vetoed Jan 25, 2024
Floor votes · Senate May 30, 2023 · Assembly Sep 7, 2023
How they voted
37–0
Passed · 3 other
Total votes 40
May 30, 2023
D
Democratic31
100% Yea
R
Republican9
66% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
38
Key actions
14
Committee
8
Amendments
9
Jan 25, 2024
Vetoed
Veto sustained.
upper
Oct 7, 2023
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Oct 7, 2023
Vetoed
Vetoed by the Governor.
upper
Sep 13, 2023
Upper · Passed
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2735.) Ordered to engrossing and enrolling.
upper
Sep 12, 2023
Upper · Passed
From committee: That the Assembly amendments be concurred in. (Ayes 14. Noes 0. Page 2695.)
upper
Sep 11, 2023
Upper · Passed
From committee: Be re-referred to Com. on E., U. & C. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 2543.) Re-referred to Com. on E., U. & C.
upper
Sep 11, 2023
Committee
Re-referred to Com. on RLS pursuant to Senate Rule 29.10(d).
upper
Sep 7, 2023
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 7, 2023
Lower · Passed
Read third time. Passed. (Ayes 78. Noes 0. Page 3005.) Ordered to the Senate.
lower
Sep 1, 2023
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Sep 1, 2023
Lower · Passed
From committee: Do pass as amended. (Ayes 11. Noes 0.) (September 1).
lower
Aug 14, 2023
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 13, 2023
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 14. Noes 0.) (July 12).
lower
Jul 11, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on U. & E. (Ayes 11. Noes 0.) (July 10). Re-referred to Com. on U. & E.
lower
Jun 26, 2023
Committee
Re-referred to Coms. on NAT. RES. and U. & E. pursuant to Assembly Rule 96.
lower
Jun 21, 2023
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & E.
lower
Jun 15, 2023
Committee
Referred to Com. on U. & E.
lower
May 30, 2023
Upper · Passed
Read third time. Passed. (Ayes 37. Noes 0. Page 1347.) Ordered to the Assembly.
upper
May 18, 2023
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0. Page 1177.) (May 18).
upper
May 1, 2023
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Apr 27, 2023
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 16. Noes 0. Page 871.) (April 24).
upper
Feb 22, 2023
Committee
Referred to Com. on E., U. & C.
upper
Feb 15, 2023
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Steve Padilla
DDemocratic
Co
Al Muratsuchi
DDemocratic
Co
Henry Stern
DDemocratic
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