The city council hereby declares it to be the policy of the city to locate and route transmission or distribution lines in an orderly manner compatible with environmental preservation and the efficient use of resources. In accordance with this policy, the city shall choose locations that minimize adverse human and environmental impact while ensuring continuing system reliability and integrity and ensuring that all the city’s needs are met and fulfilled in an orderly and timely fashion.
(Ordinance 361 adopted 3/28/18)
(a) 
Each utility which owns or operates or plans within the next 15 years to own or operate transmission lines in the city shall develop forecasts as specified in this section. On or before July 1st of each even-numbered year, each utility shall submit a report of its forecast to the city. The report may consist of appropriate portions of a single regional forecast and may be jointly prepared and submitted by two or more utilities and shall contain the following information:
(1) 
Description of the tentative regional location and general size of all transmission lines to be owned or operated by the utility during the ensuing 15-year period or upon completion of construction of any transmission lines;
(2) 
Identification of all existing transmission lines projected to be removed from service during any 15-year period or upon completion of construction of any transmission lines;
(3) 
Statement of the projected demand for services in the city for the ensuing 15 years and the underlying assumptions for this forecast, such information to be as geographically specific as possible where this demand will occur;
(4) 
Description of the capacity of the system to meet projected demands during the ensuing 15 years;
(5) 
Description of the utility’s relationship to other utilities and regional associations, power pools or networks; and
(6) 
Other relevant information as may be requested by the city.
(b) 
On or before July 1 of each odd-numbered year, a utility shall verify or submit revisions to the items listed in subsections (a)(1) and (a)(2) of this section.
(Ordinance 361 adopted 3/28/18)
(a) 
Inventory criteria; public hearings.
The city shall promptly initiate a public planning process where all interested persons can participate in developing the criteria and standards to be used by the city in preparing an inventory of large transmission lines and to guide the suitable site and route evaluation and selection process. The participatory process shall include but shall not be limited to public hearings. Before substantial modifications of the initial criteria and standards are adopted, additional public hearings shall be held.
(b) 
Inventory of transmission route study areas.
Before any transmission line is permitted by the city, the electrical utility serving the city shall present an inventory of transmission lines to the city.
(Ordinance 361 adopted 3/28/18)
(a) 
Designation of routes; procedure.
A utility shall apply to the city in a form and manner prescribed by the city for a permit for the construction of a transmission line. The application shall contain at least two proposed routes. The city shall study and evaluate the type, design, routing, right-of-way, preparation and facility construction of any route proposed in a utility’s application and any other route the city deems necessary which was not proposed. Within six months after the city’s acceptance of a utility’s application, the city may decide in accordance with the criteria and standards specified herein which proposed route is to be designated. The city may extend for just cause the time limitation for its decision for a period not to exceed 180 days. When the city designates a route, it shall issue a permit for the construction of a transmission line specifying the type, design, routing, right-of-way preparation and facility construction it deems necessary along with any other appropriate conditions. The city may order the construction of transmission line facilities which are capable of expansion in transmission capacity through design modifications. No transmission line shall be constructed except on a route designated by the city.
(b) 
Emergency certification.
Any utility whose system requires the immediate construction of a transmission line may make application to the city for an emergency permit for the construction of transmission lines, which permit shall be issued in a timely manner no later than 195 days after the city’s acceptance of the application and upon a finding by the city that a demonstrable emergency exists which requires immediate construction, and that adherence to the procedures and time schedules specified in sections 22.03.362 through 22.03.364 would jeopardize the utility’s system or would jeopardize the utility’s ability to meet the needs of its customers in an orderly and timely manner. A public hearing to determine if an emergency exists shall be held within 90 days of the application. The city shall, after notice and hearing, promulgate rules specifying the criteria for emergency certification.
(c) 
Consideration in designating routes.
To facilitate the study, research, evaluation and designation of routes, the city shall be guided by, but not limited to, the following responsibilities, procedures, and considerations:
(1) 
Evaluation of research and investigations relating to the effects on land, water, and air resources of transmission line routes and the effects of water and air discharges and electric fields resulting from such facilities on public health and welfare, vegetation, animals, materials and aesthetic values, including baseline studies, predictive modeling, and monitoring of the water and air mass at proposed and operating routes, evaluation of new or improved methods for minimizing adverse impacts of water and air.
(2) 
Environmental evaluation of routes proposed for future development and expansion and their relationship to the land, water, air and human resources of the city.
(3) 
Evaluation of the effects of new transmission technologies and systems to minimize adverse environmental effects.
(4) 
Analysis of the direct and indirect economic impact of proposed routes to residential land lost or impaired.
(5) 
Evaluation of adverse direct and indirect environmental effects which cannot be avoided should the proposed route be accepted.
(6) 
Evaluation of alternatives to the applicant’s proposed route proposed pursuant to subsections (1) and (2) of this subsection.
(7) 
Evaluation of potential routes which would use or parallel existing highway rights-of-way.
(8) 
Evaluation of governmental survey lines and other natural division lines so as to minimize interference with residential use.
(9) 
Evaluation of the future needs for additional transmission lines in the same general area as any proposed route, and the advisability of ordering the construction of structures capable of expansion in transmission capacity through multiple circuiting or design modifications.
(10) 
Evaluation of irreversible and irretrievable commitments of resources should the proposed site or route be approved.
(11) 
Where appropriate, consideration of problems raised by other state and federal agencies and local entities.
(Ordinance 361 adopted 3/28/18)
The city shall hold appropriate public hearings in order to afford interested persons an opportunity to be heard regarding its inventory of transmission route study areas and any other aspects of the city’s activities and duties or policies specified in this division. Any person may appear at the hearings and present testimony and exhibits and may question witnesses.
(Ordinance 361 adopted 3/28/18)
(a) 
Advisory committee.
The city shall appoint one or more advisory committees to assist in carrying out its duties. Committees appointed to evaluate routes considered for designation shall be comprised of as many persons as may be designated by the city. No officer, agent, or employee of a utility shall serve on an advisory committee.
(b) 
Public advisor.
The city shall designate one staff person for the sole purpose of assisting and advising those affected and interested citizens on how to participate effectively in route proceedings.
(c) 
Scientific advisory committee.
The city may appoint one or more advisory committees composed of technical and scientific experts to conduct research and make recommendations concerning generic issues such as health, safety, underground routes, double circuiting and long range route and site planning.
(Ordinance 361 adopted 3/28/18)
A construction permit may be revoked or suspended by the city after adequate notice of the alleged grounds for revocation or suspension and a full and fair hearing in which the affected utility has an opportunity to confront any witness and respond to any evidence against it and to present rebuttal or mitigating evidence upon a finding by the city of:
(1) 
Any false statement knowingly made in the application or in accompanying statements or studies required of the applicant, if a true statement would have warranted a change in the city’s findings; or
(2) 
Failure to comply with material conditions of the construction permit, or failure to maintain safety standards, or violation of the provisions of this division.
(Ordinance 361 adopted 3/28/18)