BILL NUMBER: AB 1214 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 10, 2011
AMENDED IN ASSEMBLY APRIL 26, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Skinner
FEBRUARY 18, 2011
An act to add Section 1103 to the Public Utilities Code, relating
to electricity.
LEGISLATIVE COUNSEL'S DIGEST
AB 1214, as amended, Skinner. Electrical transmission.
Under existing law, the Public Utilities Commission (CPUC) has
regulatory authority over public utilities, including electrical
corporations, as defined. The Public Utilities Act prohibits any
electrical corporation from beginning the construction of, among
other things, a line, plant, or system, or of any extension thereof,
without having first obtained from the CPUC a certificate that the
present or future public convenience and necessity require or will
require that construction (certificate of public convenience and
necessity).
This bill would require the Independent System Operator (ISO) and
the CPUC to jointly evaluate all electrical transmission facilities
that have been identified in the ISO transmission process that serve
solar development areas. The bill would require the CPUC and ISO, by
March 31, 2012, to publish a report identifying new and upgraded
electrical transmission facilities that serve solar development areas
that can potentially be placed in service by December 31, 2016,
including an analysis of any barriers to permitting, construction, or
placement into service of each facility by December 31, 2016, and
the means to eliminate or minimize the effects of those barriers. The
bill would require the CPUC and the ISO to coordinate the ISO's
transmission planning process and identification of needed
transmission facilities with the CPUC's issuance of certificates of
public convenience and necessity for transmission facilities.
Existing law provides that an application by an electrical
corporation for a certificate of public convenience and necessity for
new transmission facilities is necessary to the provision of
electric service if the CPUC finds that the new transmission facility
is necessary to facilitate achievement of the procurement
requirements of the California renewables portfolio standard program
(RPS program).
This bill would, if the ISO determines that the building or
upgrading of electrical transmission facilities is necessary, and if
the CPUC determines that those transmission facilities will serve at
least 200 megawatts of eligible renewable energy resources, as
defined, for which the CPUC has approved a purchase agreement
pursuant to the RPS program and that the facilities would assist in
achievement of resource adequacy requirements, as defined, that
absent a showing of good cause based either upon information provided
by the CPUC to the ISO prior to its determination or upon newly
developed information that was not available at the time the ISO made
its determination, require that the CPUC find that the construction
or extension of certain transmission facilities is necessary to
facilitate achievement of the procurement requirements of the RPS
program if specified conditions are met.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1103 is added to the Public Utilities Code, to
read:
1103. (a) (1) In order to maximize benefits to the state of the
federal investment tax credit, the Independent System Operator (ISO)
and the commission shall jointly evaluate all electrical transmission
facilities, including new facilities or upgrades of existing
facilities, that have been identified in the ISO transmission
planning process as being facilities that serve solar development
areas, as indicated by interconnection requests by solar facility
project developers.
(2) By March 31, 2012, the ISO and the commission shall publish a
report identifying new and upgraded electrical transmission
facilities that serve solar development areas that can potentially be
placed in service by December 31, 2016. The commission shall consult
with transmission project developers in identifying the new and
upgraded electrical transmission facilities that serve solar
development areas. The report shall include a timeframe for obtaining
all governmental approvals for, construction of, and placement into
service of, each transmission project. The report shall include an
analysis of any barriers to permitting, construction, or placement
into service of each transmission facility by December 31, 2016, and
the means to eliminate or minimize the effects of those barriers.
(b) If the ISO determines that the building or upgrading of
electrical transmission facilities is necessary, and the commission
determines that those transmission facilities will serve at least 200
megawatts of eligible renewable energy resources for which the
commission has approved a purchase agreement pursuant to Article 16
(commencing with Section 399.11) of Chapter 2.3 and additionally
determines that those facilities assist in achievement of resource
adequacy requirements, absent a showing of good cause based either
upon information provided by the commission to the ISO prior to its
determination or upon newly developed information that was not
available at the time the ISO made its determination, the commission
shall find that the construction or extension is necessary for
purposes of Section 399.2.5. For purposes of this subdivision,
"resource adequacy requirements" means the resource adequacy
requirements established for load-serving entities pursuant to
Section 380 or for local publicly owned electric utilities pursuant
to Section 9620.
(c)
(b) (1) The commission and the ISO shall coordinate the
ISO's transmission planning process and identification of needed
transmission facilities with the commission's issuance of
certificates for transmission facilities pursuant to this chapter.
(2) The commission and the ISO shall evaluate alternatives for
building or upgrading transmission facilities that may enhance
achievement of the objectives of the California renewables portfolio
standard program (Article 16 (commencing with Section 399.11) of
Chapter 2.3) and the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code).
(3) The ISO shall provide the commission with a formal assessment
of the new or upgraded transmission facilities needed within its
balancing authority area for each alternative identified pursuant to
paragraph (2).
(4) The commission shall give substantial weight to applications
for certificates for transmission facilities that are consistent with
the ISO's final approved transmission plan if the plan considers the
alternatives identified pursuant to paragraph (2).