Chapter 16
LOCATION OF ELECTRICAL TRANSMISSION AND DISTRIBUTION FACILITIES

Sections:

16-1.    Authority.

16-2.    Findings and purpose.

16-3.    Definitions.

16-4.    County approval required.

16-5.    Procedures for county review, findings and resolution.

16-1 Authority.

The board of supervisors for the county of Colusa enacts this chapter under California Public Utilities Code Section 12808.5 and Article XI, Section 7 of the California Constitution. (Ord. No. 783, § 1 (Exh. A)(part).)

16-2 Findings and purpose.

The Colusa County board of supervisors finds and declares:

(a)  The purpose and intent of this chapter is to provide the county with the maximum opportunity to provide input and oversight over the location, construction, or reconstruction of any lines for the transmission or distribution of electrical energy, including poles, substations, and other accessory structures, by any municipal utility district as defined under California Public Utilities Code Section 11503.

(b)  County oversight and input as to the location or construction of electrical transmission and distribution facilities are necessary to ensure that construction and line impacts on the community, the environment, and the local economy are minimized, that all feasible alternatives to new transmission lines and electrical facilities have been explored or exhausted, and all electrical transmission and distribution project impacts are disclosed.

(c)  The requirements of this chapter are in addition to, and not in lieu of, any other applicable provision or restriction under the law or the County Code, including the county’s zoning code. (Ord. No. 783, § 1 (Exh. A)(part).)

16-3 Definitions.

The following definitions apply in this chapter:

(a)  “District” means a municipal utility district formed under the Municipal Utility District Act as defined under California Public Utilities Code Section 11503.

(b)  “Electrical transmission facilities” means any lines for the transmission or distribution of electrical energy, including poles, substations, and other accessory structures, rated for electrical energy transmission or distribution of one hundred thousand volts or more. (Ord. No. 783, § 1 (Exh. A)(part).)

16-4 County approval required.

Notwithstanding any other provision of law, no district, either by itself or together with other persons or entities, may locate or construct any electrical transmission facilities in the unincorporated area of Colusa County unless first reviewed and approved by the county of Colusa in accordance with this chapter and California Public Utilities Code Section 12808.5. County review and consideration under this chapter will only be made after the district has obtained all other required approvals mandated under the law and the County Code. (Ord. No. 783, § 1 (Exh. A)(part).)

16-5 Procedures for county review, findings and resolution.

(a)  Any district proposing to construct or locate electrical transmission facilities in the county will, prior to any county review or submission to the county for approval under this chapter, hold a public hearing on the proposed electrical transmission facilities and provide notice of the hearing as follows:

(1)  Mailed notice of the public hearing shall be provided at least ten days prior to the hearing, to the owners of all property within three hundred feet of the route along which such facilities are proposed to be located.

(2)  If mailed notice as required in subsection (a)(1) of this section would result in notice to more than two hundred fifty persons, as an alternative to such mailed notice, notice may be given by placing a display advertisement of at least one-fourth page in a newspaper of general circulation within the area affected by the proposed electrical transmission facilities.

(b)  After holding a hearing as provided in subsection (a) of this section, the district shall submit any proposed plans, specifications, and actions to construct or locate proposed electrical transmission facilities in Colusa County to the county board of supervisors. The district will provide all information necessary for the county to evaluate the proposed electrical transmission facilities and make the required findings in subsection (c) of this section. The required information will include but is not limited to the following:

(1)  A description of a reasonable range of alternatives to the proposed electrical transmission facilities, including alternatives that use or expand existing rights-of-way;

(2)  All materials (maps, site plans, etc.) necessary to illustrate the proposed capacity and location of the proposed electrical transmission facilities and all alternative locations;

(3)  A photo simulation of the proposed electrical transmission facilities and each alternative from at least six locations along its route in the county. Each location shall include simulated views of the facilities from four directions (north, south, east, and west);

(4)  A narrative explanation of the route of the proposed electrical transmission facilities and each alternative, together with a discussion of alternative locations and project alternatives; and

(5)  For the proposed electrical transmission facilities and each alternative, all of the following:

(A)  Estimated cost, including construction, land acquisition and other development costs;

(B)  A description of the type of vegetation and soils that would be removed or impacted by construction of the facilities;

(C)  A map showing the number, types, uses, and distances of buildings, public and private airports, dedicated open space, conservation easements, and parklands located within one thousand feet of the facilities;

(D)  An analysis of the audible noise and lighting impacts of the electrical transmission facilities and their construction, together with any other studies reasonably necessary for the county to make necessary findings;

(E)  An analysis of the potential adverse human health effects of the proposed electrical transmission facilities in reasonable proximity to the project. The analysis shall use the best available scientific information at the time it is conducted; and

(F)  An analysis of potential economic impacts on agriculture, related support industries, economic development efforts, and the development of new housing.

(c)  Following receipt of the information required under subsection (b) of this section, the county board of supervisors will conduct a public hearing, receive evidence, and, within sixty days, adopt a resolution approving, approving an alternative, or disapproving, the proposed electrical transmission facilities. The resolution will contain findings evaluating the following specific criteria:

(1)  The consistency of the proposed facilities with the county general plan and applicable redevelopment and specific plans;

(2)  Whether there are feasible alternatives to the proposal;

(3)  Whether the proposed electrical transmission facilities would create any potential adverse human health effects;

(4)  Whether the proposed electrical transmission facilities would create any potential adverse economic effects;

(5)  Whether the proposed electrical transmission facilities would have an adverse effect on the environment, agriculture, existing land uses, areas with significant scenic qualities, groundwater recharge, water runoff, or wildlife;

(6)  Whether the proposed electrical transmission facilities would have an adverse effect on any public or private airports, air operations, create a potential hazard to aviation, or affect aerial spraying operations; and

(7)  Whether the proposed electrical transmission facilities would have any other impacts on the health, safety, or welfare of Colusa County residents and businesses. (Ord. No. 783, § 1 (Exh. A)(part).)