BILL NUMBER: SB 1028 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hill
FEBRUARY 12, 2016
An act to add Sections 761.1 and 761.2 to the Public Utilities
Code, relating to public utilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1028, as introduced, Hill. Electrical corporations: wildfire
mitigation plans.
The California Constitution establishes the Public Utilities
Commission, authorizes the commission to establish rules for all
public utilities, subject to control by the Legislature, and
authorizes the Legislature, unlimited by the other provisions of the
California Constitution, to confer additional authority and
jurisdiction upon the commission that is cognate and germane to the
regulation of public utilities. The Public Utilities Act provides the
commission with broad authority over public utilities, including
electrical corporations and local publicly owned electric utilities
or electrical cooperatives. Existing law establishes requirements for
equipment, practices, and facilities for public utilities, including
standards, enforceable by the commission, for installation and
maintenance of wires or cables used to conduct electricity. Under
existing law, a violation of the Public Utilities Act or any order,
decision, rule, direction, demand, or requirement of the commission
is a crime.
This bill would require each electrical corporation and each local
publicly owned electric utility or electrical cooperative to
construct and maintain its electric plant in a manner that would
prevent it from causing a catastrophic wildfire. The bill would
require each electrical corporation and each local publicly owned
electric utility or electrical cooperative to annually prepare a
wildfire mitigation plan. The bill would require each electrical
corporation to submit its plan to the commission and each local
publicly owned electric utility or electrical cooperative to submit
its plan to its governing board for approval, as specified. The bill
would require the commission and the governing board to accept,
accept provisionally, or reject the submitted plan, as specified. By
placing additional duties upon local publicly owned electric
utilities, the bill would impose a state-mandated local program.
Because a violation of these provisions would be a crime, the bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 761.1 is added to the Public Utilities Code, to
read:
761.1. (a) For purposes of this section, the following terms
shall have the following meanings:
(1) "Electric plant" means "electric plant" as defined in Section
217.
(2) "Compliance period" means a one-year period beginning
approximately with the start of the fall fire season.
(b) Each electrical corporation shall construct and maintain its
electric plant in a manner that will prevent the electric plant from
causing a catastrophic wildfire.
(c) Each electrical corporation shall annually, on or before April
1, prepare and submit a wildfire mitigation plan for the next
compliance period to the commission for acceptance. The wildfire
mitigation plan shall include:
(1) An accounting of the responsibilities of persons responsible
for executing the plan.
(2) The objectives of the plan.
(3) A description of the preventative strategies and programs to
be adopted by the electrical corporation to minimize the risk of its
electric plant causing catastrophic wildfires.
(4) A description of the metrics the electrical corporation plans
to use to evaluate the plan's performance and the assumptions that
underlie the use of those metrics.
(5) A discussion of how the application of previously identified
metrics to previous plan performances has informed the plan.
(6) A description of the processes and procedures the electrical
corporation will use to do the following:
(A) Monitor and audit the implementation of the plan.
(B) Identify any deficiencies in the plan or the plan's
implementation and correct those deficiencies.
(C) Monitor and audit the effectiveness of inspections, including
inspections performed by contractors, carried out under the plan.
(7) Any other information that the commission may require.
(d) The commission shall act expeditiously, but no later than 30
days before the beginning of the compliance period, to accept, accept
provisionally, or reject the electrical corporation's wildfire
mitigation plan.
(1) Any provisional acceptance by the commission shall state all
of the following:
(A) The period for which the provisional acceptance will be in
force.
(B) The extent to which the wildfire mitigation plan has been
accepted.
(C) Any limitations or conditions that shall apply during the
provisional acceptance period.
(2) If the commission rejects the electrical corporation's
wildfire mitigation plan, the commission shall provide the electrical
corporation with an opportunity to resubmit a wildfire mitigation
plan within 30 days.
(3) If the commission determines that an electrical corporation
will not be able to prepare an acceptable wildfire mitigation plan
before the beginning of the compliance period, the commission may
determine the contents of the electrical corporation's wildfire
mitigation plan.
(e) The commission shall conduct or contract for audits to
determine if an electrical corporation is satisfactorily complying
with its accepted wildfire mitigation plan.
(f) The commission may contract with an independent third party to
evaluate wildfire mitigation plans or to conduct audits and
inspections authorized by this section, and may require electrical
corporations to reimburse any related expenses.
SEC. 2. Section 761.2 is added to the Public Utilities Code, to
read:
761.2. (a) For purposes of this section, the following terms
shall have the following meanings:
(1) "Electric plant" means "electric plant" as defined in Section
217.
(2) "Compliance period" means a one-year period beginning
approximately with the start of the fall fire season.
(b) Each local publicly owned electric utility or electrical
cooperative shall construct and maintain its electric plant in a
manner that will prevent the electric plant from causing a
catastrophic wildfire.
(c) Each local publicly owned electric utility or electrical
cooperative shall annually prepare and submit a wildfire mitigation
plan for the next compliance period to its governing board for
acceptance.
(d) Each governing board of a local publicly owned electric
utility or electrical cooperative shall act to accept, accept
provisionally, or reject the wildfire mitigation plan submitted by
the local publicly owned electric utility or electrical cooperative.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.