BILL NUMBER: SB 1463 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Moorlach
FEBRUARY 19, 2016
An act to add Section 761.2 to the Public Utilities Code, relating
to electrical lines.
LEGISLATIVE COUNSEL'S DIGEST
SB 1463, as amended, Moorlach. Electrical lines: mitigation of
wildfire risks.
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. Existing law establishes standards that are
applicable to any person, as defined, to run, place, erect, or
maintain wires or cables used to conduct electricity and requires the
commission to enforce these provisions. Pursuant to its existing
authority, the commission has adopted rules for the construction of
electrical lines and the trimming of trees near electrical lines.
Except as specified, existing provisions of the Public
Resources Code require law requires any person
that owns, controls, operates, or maintains any electrical
transmission or distribution line upon any mountainous,
forest-covered, brush-covered, or grass-covered land to maintain a
clearance in all directions between all vegetation and all conductors
that are carrying electric current, as prescribed.
This bill would require the commission, in consultation with the
Department of Forestry and Fire Protection, to prioritize areas in
which communities are at high risk from the consequences
of wildfires when determining areas in which it will require enhanced
mitigation measures for wildfire hazards posed by overhead
electrical lines and equipment. The bill would require the
commission to include as being at high risk any community (1) that
has experienced serious consequences from a wildfire, as specified,
(2) as to which the Governor has, as a result of a
wildfire, declared a state of emergency or local emergency pursuant
to the California Emergency Services Act involving the community, or
(3) where at least 50% of the community is included in a "very high"
or "high" risk zone of the map of the Fire Hazard Severity Zones in
the Local Responsibility Areas of California. The bill would require
that the enhanced mitigation measures include the undergrounding of
any new construction, replacement, or required relocation of
transmission, subtransmission, and distribution systems, except as
provided. The bill would require an electrical corporation
to recover its expenses incurred in providing enhanced mitigation
measures as a general expense item in its rates, and not recover its
expenses solely from the ratepayers within the community where the
enhanced mitigation measures are undertaken.
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.
Because the provisions of this bill are within the act and any
violation of an action by the commission to implement its
requirements 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 a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 761.2 is added to the Public Utilities Code, to
read:
761.2. (a) In determining areas in which to
require enhanced mitigation measures for wildfire hazards posed by
overhead electrical lines and equipment, the commission, in
consultation with the Department of Forestry and Fire Protection,
shall prioritize areas in which communities are at high
risk from the consequences of wildfires. The commission shall
include as being at high risk any community for which any of the
following is true:
(1) The community has experienced serious consequences from a
wildfire, including, but not limited to, human injury or fatality or
property damage in excess of twenty-five million dollars
($25,000,000).
(2) The Governor has, as a result of a wildfire, declared a state
of emergency or local emergency involving the community pursuant to
the California Emergency Services Act (Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code).
(3) At least 50 percent of the community is included in a "very
high" or "high" risk zone of the map of the Fire Hazard Severity
Zones in the Local Responsibility Areas of California, in use as of
January 1, 2016, prepared by the Department of Forestry and Fire
Prevention pursuant to Chapter 6.8 (commencing with Section 51175) of
Part 1 of Division 1 of Title 5 of the Government Code.
(b) Enhanced mitigation measures shall include the undergrounding
of any new construction, replacement, or required relocation of
transmission, subtransmission, and distribution systems unless the
governing body of the community, by adoption of an appropriate
ordinance or resolution, specifically agrees to other mitigation
measures.
(c) An electrical corporation shall recover its expenses incurred
in providing enhanced mitigation measures as a general expense item
in its rates, and shall not recover its expenses solely from the
ratepayers within the community where the enhanced mitigation
measures are undertaken. Undergrounding of electrical infrastructure,
other than as part of enhanced mitigation measures, may continue to
be funded pursuant to Electric Tariff Rule 20A budget allocations,.
which may be freely transferred between communities pursuant to Rule
20A.2.e, or by a replacement process approved by the commission.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only 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.