California would change environmental reviews for power lines and clean energy

Lead agencies would exempt certain work on existing electric transmission wires and attached equipment from CEQA. Covered work includes inspecting, maintaining, repairing, restoring, reconditioning, upgrading with advanced conductors, replacing, or removing an existing transmission wire or cable and equipment directly attached to it. Sensitive sites include specified protected lands and habitat. Off sensitive sites, the work must stay within an existing right-of-way. On sensitive sites, it must stay within that right-of-way and expand the line's footprint by no more than 10 percent. In national parks, monuments, wilderness areas, or recreation areas, the existing right-of-way must have a certified environmental review. For private rights-of-way, the applicant needs each owner's permission and must agree to restore the property. The exemption would apply when the project meets these requirements. If the agency finds the work exempt, it must file a notice with the state office and county clerk.

Lead agencies would use a modified environmental review process for specified clean energy facilities and related transmission lines. The process covers construction of the listed new facilities and transmission lines carrying their electricity to an interconnected system. The bill lists excluded locations, including parks, wetlands, certain hazardous sites, and protected farmland. Eligible facilities include solar, land-based wind, energy storage, and certain non-fossil, non-nuclear thermal power plants. They must avoid listed protected or sensitive lands, subject to stated exceptions. Related overhead lines must carry electricity from an eligible in-state facility to an interconnected transmission system. Parts in designated high fire threat areas must meet utility safety rules, and construction must not physically disturb specified lands. The process applies during environmental review and approval of a qualifying project.

Lead agencies would apply a more-likely-than-not test to decide whether covered projects need an environmental impact report. This standard applies to projects covered by the modified process, including the listed clean energy facilities and related transmission lines. If the agency finds no significant effect, it must adopt a negative declaration; if project changes reduce effects below significance, it may adopt a mitigated negative declaration. Public controversy alone would not require an environmental impact report when one would not otherwise be required. The bill also allows agencies, after a public hearing, to replace certain mitigation measures with equally or more effective measures. The test applies when a lead agency reviews a covered project and decides which environmental document is required.

Courts would aim to resolve challenges to covered project reviews and approvals within 270 days. The target covers challenges to negative or mitigated negative declarations and project approvals for projects under the modified process. The deadline includes potential appeals to the Court of Appeal or California Supreme Court, but resolution within 270 days is required only to the extent feasible. The 270-day period starts when the certified case record is filed with the court.