BILL NUMBER: SB 1028 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE MARCH 17, 2016
INTRODUCED BY Senator Hill
FEBRUARY 12, 2016
An act to add Chapter 6 (commencing with Section 8385) to Division
4.1 of the Public Utilities Code, relating to public utilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1028, as amended, Hill. Electrical corporations: local publicly
owned electric utilities: electrical cooperatives: 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, while local publicly owned electric
utilities and electrical cooperatives are under the direction of
their governing boards. 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, local
publicly owned electric utility, and electrical cooperative to
construct, maintain, and operate its electrical lines and equipment
in a manner that will minimize the risk of catastrophic wildfire
posed by those electrical lines and equipment. The bill would require
each electrical corporation to annually prepare a wildfire
mitigation plan. The bill would require each electrical corporation
to submit its plan to the commission for approval, as specified. The
bill would require the commission to accept, accept provisionally, or
reject the submitted plan, as specified. The bill would require the
governing board of a local publicly owned electric utility or
electrical cooperative to determine whether any portion of the
geographical area where the utility's overhead electrical lines and
equipment are located has a significant risk of catastrophic wildfire
resulting from those electrical lines and equipment and, if so,
would require the local publicly owned electric utility or electrical
cooperative to annually cooperative, at an
interval determined by the board, to present to the board for
its approval those wildfire mitigation measures the utility intends
to undertake to minimize the risk of its overhead electrical lines
and equipment causing a catastrophic wildfire. 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 by an electrical corporation 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 no reimbursement is required by this
act for specified reasons.
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. Chapter 6 (commencing with Section 8385) is added to
Division 4.1 of the Public Utilities Code, to read:
CHAPTER 6. WILDFIRE MITIGATION
8385. (a) For purposes of this chapter, the following shall
apply:
(1) "Compliance period" means a one-year period beginning
approximately with the start of the fall fire season for the service
territory of the electrical corporation, electrical cooperative, or
local publicly owned electric utility.
(2) "Electrical cooperative" has the same meaning as defined in
Section 2776.
(b) The commission shall supervise an electrical corporation's
compliance with the requirements of this chapter pursuant to the
Public Utilities Act (Part 1 (commencing with Section 201) of
Division 1). Nothing in this chapter provides the commission with
authority or jurisdiction over an electrical cooperative or local
publicly owned electrical corporation.
8386. (a) Each electrical corporation shall construct, maintain,
and operate its electrical lines and equipment in a manner that will
minimize the risk of catastrophic wildfire posed by those electrical
lines and equipment.
(b) Each electrical corporation shall annually, on or before
February 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 preventive strategies and programs to be
adopted by the electrical corporation to minimize the risk of its
electrical lines and equipment 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.
(c) 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.
(d) The commission shall conduct or contract for audits to
determine if an electrical corporation is satisfactorily complying
with its accepted wildfire mitigation plan.
(e) 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.
8387. (a) Each local publicly owned electric utility and
electrical cooperative shall construct, maintain, and operate its
electrical lines and equipment in a manner that will minimize the
risk of catastrophic wildfire posed by those electrical lines and
equipment.
(b) The governing board of the local publicly owned electric
utility or electrical cooperative shall determine, based on
historical fire data and local conditions, and in consultation with
the fire departments or other entities responsible for control of
wildfires within the geographical area where the utility's overhead
electrical lines and equipment are located, whether any portion of
that geographical area has a significant risk of catastrophic
wildfire resulting from those electrical lines and equipment.
(c) If, pursuant to subdivision (b), the governing board
determines that there is a significant risk of catastrophic wildfire
resulting from the utility's electrical lines and equipment, the
local publicly owned electric utility or electrical cooperative
shall annually shall, at an interval
determined by the board, present to the board for its approval
those wildfire mitigation measures the utility intends to undertake
to minimize the risk of its overhead electrical lines and equipment
causing a catastrophic wildfire.
(d) A fire prevention plan prepared by the local publicly owned
electric utility or electrical cooperative, submitted to and approved
by a federal agency as a license condition pursuant to subsection
(e) of Section 4 of the Federal Power Act (16 U.S.C. Sec. 797 (e))
may, at the discretion of the governing board, be deemed to meet the
requirements of this chapter for those areas covered by the fire
prevention plan.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act or because costs that may be
incurred by a local agency or school district will be incurred
because 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.