2007 California Public Resources Code Chapter 4.3. Designation Of Transmission Corridors

CA Codes (prc:25330-25341)

25330.  For purposes of this chapter, the following terms have the
following meanings:
   (a) "Feasible" has the same meaning as in Section 21061.1.
   (b) "High-voltage electric transmission line" means an electric
transmission line with an operating capacity of at least 200
kilovolts, or that is under the operational control of the California
Independent System Operator.
   (c) "Transmission corridor zone" means the geographic area
necessary to accommodate the construction and operation of one or
more high-voltage electric transmission lines. A transmission
corridor zone shall not be more than 1,500 feet in width unless
required to accommodate existing land uses and land uses identified
in local general or specific plans, or to avoid environmental
constraints or mitigate potential environmental impacts.



25331.  (a) The commission may designate a transmission corridor
zone on its own motion or by application of a person who plans to
construct a high-voltage electric transmission line within the state.
The designation of a transmission corridor zone shall serve to
identify a feasible corridor where one or more future high-voltage
electric transmission lines can be built that are consistent with the
state's needs and objectives as set forth in the strategic plan
adopted pursuant to Section 25324.
   (b) A person planning to construct a high-voltage electric
transmission line may submit to the commission an application to
designate a proposed transmission corridor zone as being consistent
with the strategic plan adopted pursuant to Section 25324. The
application shall be in the form prescribed by the commission and
shall be supported by any information that the commission may
require.



25332.  The designation of a transmission corridor zone is subject
to the California Environmental Quality Act (Division 13 (commencing
with Section 21000)). The commission shall be the lead agency, as
provided in Section 21165, for all transmission corridor zones
proposed for designation pursuant to this chapter.



25333.  (a) In developing a strategic plan pursuant to Section 25324
or considering an application for designation pursuant to this
chapter, the commission shall confer with cities and counties,
federal agencies, and California Native American tribes to identify
appropriate areas within their jurisdictions that may be suitable for
a transmission corridor zone. The commission shall, to the extent
feasible, coordinate efforts to identify long-term transmission needs
of the state with the land use plans of cities, counties, federal
agencies, and California Native American tribes.
   (b) The commission shall not designate a transmission corridor
zone within the jurisdiction of a California Native American tribe
without the approval of the California Native American tribe.



25334.  (a) Upon receipt of an application or upon its own motion
for designation of a transmission corridor zone, the commission shall
arrange for the publication of a summary of the application in a
newspaper of general circulation in each county where the proposed
transmission corridor zone would be located, and shall notify all
property owners within, or adjacent to, the transmission corridor
zone. The commission shall transmit a copy of the application for
designation to all cities, counties, and state and federal agencies
having an interest in the proposed transmission corridor zone. The
commission shall publish the application for designation on its
Internet Web site, and notify members of the public that the
application is available on the commission's Internet Web site.
   (b) As soon as practicable after the receipt of an application or
upon its own motion for designation of a transmission corridor zone,
the commission shall notify cities, counties, state and federal
agencies, and California Native American tribes in whose
jurisdictions the proposed transmission corridor zone would be
located regarding the proposed transmission corridor zone and the
objectives of the most recent strategic plan for the state's electric
transmission grid. The commission's notice shall solicit information
from, and the commission shall confer with, all interested cities,
counties, state and federal agencies, and California Native American
tribes regarding their land use plans, existing land uses, and other
factors in which they have expertise or interest with respect to the
proposed transmission corridor zone. The commission shall provide any
interested city, county, state or federal agency, California Native
American tribe, or member of the public, including any property owner
within the proposed transmission corridor zone, ample opportunity to
participate in the commission's review of a proposed transmission
corridor zone.
   (c) The commission shall request affected cities, counties, state
and federal agencies, the Electricity Oversight Board, the
Independent System Operator, interested California Native American
tribes, and members of the public, including any property owner
within the proposed transmission corridor zone, to provide comments
on the suitability of the proposed transmission corridor zone with
respect to environmental, public health and safety, land use,
economic, and transmission-system impacts or other factors on which
they may have expertise.
   (d) The commission shall require a person who files an application
for the designation of a transmission corridor zone to pay a fee
sufficient to reimburse the commission for all costs associated with
reviewing the application. If the commission initiates the
designation of a transmission corridor zone on its own motion, the
commission shall fix the surcharge imposed pursuant to subdivision
(b) of Section 40016 of the Revenue and Taxation Code, at a level
sufficient to cover the commission's added costs.
   (e) Upon receiving the commission's request for review of a
proposed transmission corridor zone, a city or county may request a
fee pursuant to Section 25538 to cover for the actual and added costs
of this review and the commission shall pay this amount to the city
or county.



25335.  (a) Within 45 days of receipt of the application or motion
for designation, the commission shall commence public informational
hearings in the county or counties where the proposed transmission
corridor zone would be located.
   (b) The purpose of the hearings shall be to do all of the
following:
   (1) Provide information about the proposed transmission corridor
zone so that the public and interested agencies have a clear
understanding of what is being proposed.
   (2) Explain the relationship of the proposed transmission corridor
zone to the commission's strategic plan for the state's electric
transmission grid, as set forth in the most recent integrated energy
policy report adopted pursuant to Chapter 4 (commencing with Section
25300).
   (3) Receive initial comments about the proposed transmission
corridor zone from the public and interested agencies.
   (4) Solicit information on reasonable alternatives to the proposed
transmission corridor zone.



25336.  (a) Within 155 days of the final informational hearing, the
commission shall conduct a prehearing conference to determine the
issues to be considered in hearings pursuant to this section, to
identify the dates for the hearings, and to set forth filing dates
for public comments and testimony from the parties and interested
agencies.  Within 15 days of the prehearing conference, the
commission shall issue a hearing order setting forth the issues to be
heard, the dates of the hearings, and the filing dates for comments
and testimony.
   (b) The commission shall conduct hearings pursuant to the hearing
order. The purpose of the hearings shall be to receive information
upon which the commission can make findings and conclusions pursuant
to Section 25337.


25337.  After the conclusion of hearings conducted pursuant to
Section 25336, and no later than 180 days after the date of
certification of the environmental impact report prepared pursuant to
Section 25332, the commission shall issue a proposed decision that
contains its findings and conclusions regarding all of the following
matters:
   (a) Conformity of the proposed transmission corridor zone with the
strategic plan adopted pursuant to Section 25324.
   (b) Suitability of the proposed transmission corridor zone with
respect to environmental, public health and safety, land use,
economic, and transmission-system impacts.
   (c) Mitigation measures and alternatives as may be needed to
protect environmental quality, public health and safety, the state's
electric transmission grid, or any other relevant matter.
   (d) Other factors that the commission considers relevant.




25338.  As soon as practicable after the commission designates a
transmission corridor zone, it shall post a copy of its decision on
its Internet Web site, send a copy of its decision, including a
description of the transmission corridor zone, to each affected city,
county, state agency, and federal agency, and notify property owners
within or adjacent to the corridor of the availability of the
decision on the commission's Internet Web site.



25339.  After the commission designates a transmission corridor
zone, it shall identify that transmission corridor zone in its
subsequent strategic plans adopted pursuant to Section 25324. The
commission shall regularly review and revise its designated
transmission corridor zones as necessary, but not less than once
every 10 years. In revising designations of transmission corridor
zones, the commission shall follow the procedures of this chapter.
If, upon regular review or at any other time, the commission finds
that a transmission corridor zone is no longer needed, the commission
shall revise or repeal the designation and, as soon as practicable,
notify the affected cities, counties, state and federal agencies, and
property owners within, or adjacent to, the transmission corridor
zone.


25340.  After receiving notice from the commission regarding the
designation or revision of a transmission corridor zone within its
jurisdiction, each city or county shall consider the designated
transmission corridor zone when making a determination regarding a
land use change within or adjacent to the transmission corridor zone
that could affect its continuing viability to accommodate a
transmission line planned within the transmission corridor zone.
Nothing in this section shall preclude compatible uses within or
adjacent to a designated transmission corridor zone.



25341.  (a) Within a designated transmission corridor zone, within
10 days of accepting as complete an application pursuant to Section
65943 of the Government Code for a development project that a city or
county determines would threaten the potential to construct a
high-voltage electric transmission line, the city or county shall
notify the commission of the proposed development project. The notice
shall include a copy of the application, and set a deadline that is
not less than 60 days from the date of the notice for the commission
to provide written comments to the city or county regarding the
proposed development project.
   (b) If the commission finds that the proposed development project
would threaten the potential to construct a high-voltage electric
transmission line within the designated transmission corridor zone,
the commission shall provide written comments to the city or county.
The commission may recommend revisions to, redesign of, or mitigation
measures for the proposed development project that would eliminate
or reduce the threat.
   (c) The city or county shall consider the commission's comments,
if any, prior to acting on the proposed development project. If the
commission objects to the proposed development project, the city or
county shall provide a written response that shall address in detail
why it did not accept the commission's comments and recommendations.