California Environmental Quality Act: electrical infrastructure projects.
AB 941
California Bills
20250AB__094198AMD INTRODUCED 2025-02-19 AMENDED_ASSEMBLY 2025-04-23 2025 AB AMD Introduced by Assembly Member Zbur (Coauthors: Assembly Members Calderon and Gipson) LEAD_AUTHOR ASSEMBLY Zbur COAUTHOR ASSEMBLY Calderon COAUTHOR ASSEMBLY Gipson
An act to add
Chapter 8.5 (commencing with
Section 2845) to Part of Division of the Public Utilities Code, relating to energy. energy California Environmental Quality Act: electrical infrastructure projects. 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.
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. CEQA exempts certain projects from its requirements, including actions necessary to prevent or mitigate an emergency.
Existing law prohibits an electrical corporation from beginning the construction of a line, plant, or system, or extensions of those facilities without first obtaining 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.
This bill would require the commission to determine whether to certify the environmental impact report for an electrical infrastructure project that is a priority project, as defined, no later than days after the commission determines that an application for an electrical infrastructure project is complete, except as specified. The bill would require a project applicant to identify an electrical infrastructure project that is a priority project and the basis for the designation in the application to the commission.
The bill would require commission staff to review an application for a priority project no later than days after it is filed and notify the applicant in writing of any deficiencies in the information and data submitted in the application. The bill would require the applicant to correct any deficiencies or notify the commission in writing why it is unable to correct those deficiencies, as specified, within days of that notification. The bill would require the commission to deem an application for a priority project complete with a preliminary ruling setting the scope and schedule, as provided.
Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of a commission action implementing this bill’s requirements would 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.
MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION 1.
Chapter 8.5 (commencing with
Section 2845) is added to Part of Division of the Public Utilities Code , to read: 8.5. Electrical Infrastructure Projects 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 or power line, as defined by the commission’s General Order 131-E, and associated infrastructure, including substations and ancillary facilities, that requires discretionary approval by the commission pursuant to
Section or the commission’s General Order 131-E or its successor. (d) “Priority project” means any electrical infrastructure project that is one or more of the following:
(1) Approved by the Independent System Operator in a transmission plan.
(2) For the purpose of interconnection of renewable generation resources to the electrical grid.
(3) A system upgrade project included in a Independent System Operator cluster study.
(4) Substation projects identified as necessary to support anticipated load growth as a result of the electrification of the state’s energy supply. 2. General Provisions 2845.10. (
a) For a priority project, no later than days after the commission determines in a preliminary ruling setting the scope and
schedule that an application for an electrical infrastructure project is complete, 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 make a final determination regarding 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 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, but not limited to, due to seasonal constraints. (
c) An applicant shall identify an electrical infrastructure project that is a priority project and the basis for the designation in the application to the commission. 2845.11. For a priority project, all of the following shall apply: (
a) No later than days after the filing of an application, commission staff shall review it and notify the applicant in writing of any deficiencies in the information and data submitted in the application. (
b) The applicant shall, within days of notification pursuant to subdivision (a), correct any deficiencies or explain in writing to the commission staff why it is unable to do so and include an estimate of when it will be able to correct the deficiencies. (
c) As required by
Section of the Government Code, the commission shall deem the application complete with a preliminary ruling setting the scope and
schedule as follows:
(1) No later than days after submission of the application, except when the applicant is notified of deficiencies pursuant to subdivision (a).
(2) If the applicant is notified of deficiencies pursuant to subdivision (a), no later than days after the applicant submits information in response to the notification, except when the applicant is notified during those days that previously identified deficiencies remain.
(3) Immediately upon the commission’s determination that all additional information requested by commission staff has been provided.
SEC. 2. No reimbursement is required by this act pursuant to
Section of
Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of