BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 435|
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                                 THIRD READING


          Bill No:  AB 435
          Author:   De La Torre (D)
          Amended:  7/23/09 in Senate
          Vote:     21

           
           SENATE ENERGY, U.&C. COMMITTEE  :  9-2, 7/7/09
          AYES:  Padilla, Calderon, Corbett, Kehoe, Lowenthal,  
            Simitian, Strickland, Wiggins, Wright
          NOES:  Benoit, Cox

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8 

           ASSEMBLY FLOOR  :  Not relevant


           SUBJECT  :    Public utilities:  transmission facilities

           SOURCE  :     Author


           DIGEST  :    The bill, until January 1, 2012, requires an  
          electrical corporation or a local publicly owned electric  
          utility that owns electrical transmission facilities to  
          investigate and evaluate the cost and feasibility of using  
          high-technology conductors and other advanced transmission  
          technology in new and upgraded transmission projects.  This  
          bill requires an electrical corporation to additionally  
          evaluate the cost and feasibility of retrofitting existing  
          transmission facilities with high-technology conductors and  
          other advanced transmission technology, whether using  
          high-technology conductors or other advanced transmission  
          technology will expedite the delivery of electricity  
                                                           CONTINUED





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          generated by eligible renewable energy resources, and  
          enable the utility to increase transmission capacity  
          without building new transmission towers.  This bill  
          requires electrical corporations to report the results of  
          the investigation and evaluation to the Public Utilities  
          Commission (PUC) by July 1, 2011.  This bill requires local  
          publicly owned electric utilities to report the results of  
          the investigation and evaluation to the Energy Commission  
          by July 1, 2011.

           ANALYSIS  :    Existing law establishes the State Energy  
          Resources Conservation and Development Commission in the  
          Natural Resources Agency.  Existing law requires the Energy  
          Commission to conduct biennial assessments and forecasts of  
          all aspects of energy industry supply, production,  
          transportation, delivery and distribution, demand, and  
          prices. The Energy Commission is required to adopt a  
          biennial integrated energy policy by November 1 that  
          contains an overview of major energy trends and issues  
          facing the state.  Existing law requires the Energy  
          Commission to adopt a strategic plan for the state's  
          electrical transmission grid using existing resources, to  
          be included in the integrated energy policy report adopted  
          on November 1, 2005, which identifies and recommends  
          actions required to implement investments needed to ensure  
          reliability, relieve congestion, and to meet future growth  
          in electrical load and generation, including renewable  
          resources, energy efficiency, and other demand reduction  
          measures.

           Background
           
           California Independent System Operator  .  About 75 percent  
          of the state's transmission grid is owned by the IOUs.  The  
          ISO, a not-for-profit public benefit corporation, is  
          charged with operating the IOU's transmission grid and  
          managing the flow of electricity.  (The ISO also operates  
          municipal utility's transmission lines that have requested  
          that service.)  The ISO plans for and recommends  
          transmission projects within its control area by soliciting  
          information from the transmission owners.  The ISO works  
          with a variety of stakeholders and performs engineering and  
          economic studies on proposed projects to determine the  
          potential benefits.  An annual transmission plan is  







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          produced which forecasts the projects necessary to maintain  
          the grid for ten years and beyond.

          The responsibility for actually building the transmission  
          lines generally lies with the transmission-owning  
          utilities.  Most of these utilities need to obtain approval  
          from the PUC before they can construct new transmission  
          lines.  The PUC conducts a public hearing process and  
          issues a CPCN if it deems the project is warranted.  The  
          utilities must then initiate a filing at the FERC to  
          request cost-recovery for both inter- and intra-state  
          transmission lines.

          A significant share of the state's transmission grid is  
          owned by municipal utilities and outside the jurisdiction  
          of the ISO or the PUC.  Similar to IOUs, municipal  
          utilities possess eminent domain authority to acquire  
          rights-of-way for transmission lines but need no approvals  
          from any state agencies to build new transmission.
           
          The Renewable Energy Transmission Initiative (RETI)  .  A  
          critical element of increasing the electricity deliveries  
          from renewable resources is the development of new  
          transmission to remote areas of the state rich with wind,  
          sun and geothermal renewable fuels.  In response to this  
          need RETI was launched which is a statewide initiative to  
          help identify the transmission projects needed to  
          accommodate these renewable energy goals, support future  
          energy policy, and facilitate transmission corridor  
          designation and transmission and generation siting and  
          permitting.  RETI is intended to be an open and transparent  
          collaborative process in which all interested parties are  
          encouraged to participate. 

          RETI has assessed all competitive renewable energy zones in  
          California and some in neighboring states that can provide  
          significant electricity to California consumers by the year  
          2020.  RETI has also identified those zones that can be  
          developed in the most cost effective and environmentally  
          benign manner and will prepare detailed transmission plans  
          for those zones identified for development. 

          The RETI effort is supervised by a coordinating committee  
          comprised of California entities responsible for ensuring  







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          the implementation of the state's renewable energy policies  
          and development of electric infrastructure, namely: 

          1.California Public Utilities Commission
          2.California Energy Commission
          3.California Independent System Operator
          4.Publicly-Owned Utilities (SCPPA, SMUD, and NCPA) 

           Transmission Progress  .  The PUC's October 2008 RPS status  
          report indicates that two new transmission lines are  
          necessary to meet the 20 percent goal.  Three new  
          transmission lines have been approved for California or are  
          nearing approval:  Tehachapi, Sunrise, Devers-Palo Verde  
          No. 2.  An additional five lines would be needed to achieve  
          33 percent by 2020.

           Comments
           
          The author intends for this bill is to streamline the  
          transmission line siting process, which can take up to 10  
          years, depending on the distance and complexity of the  
          geography.  The California Independent System Operator  
          performs much of the transmission planning.  The  
          responsibility for actually building the transmission lines  
          lies with the transmission-owning utilities, most of whom  
          need to obtain prior approval from the PUC.  If it deems  
          the project as warranted, the PUC conducts a public hearing  
          process and issues a CPCN.  The utilities must then  
          initiate a filing at FERC to request cost-recovery for both  
          inter- and intra-state transmission lines. 

          The utilities are frequently delayed with construction  
          because the federal government owns much of the land that  
          transmission lines must cross.  Of the federal government  
          agencies required to provide approval, the Bureau of Land  
          Management is involved the most.  The transmission-owning  
          utilities are concerned that the Bureau process is too  
          slow, there's not enough staff, and the existing staff are  
          spread too thin among the 50 states.  The state imposes  
          additional delays depending on whether the transmission  
          line traverses a state park, or whether there's an  
          endangered species in the proposed corridor.  This bill  
          seeks better coordination in the pre-development process  
          among state and federal agencies, and particularly whether  







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          certain required activities can be done simultaneously in  
          order to the reduce time required for project approval. 

          FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/19/09)

          Southern California Edison




          DLW:nl  8/19/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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