BILL NUMBER: SB 1463 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 25, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY JUNE 30, 2016
AMENDED IN SENATE APRIL 19, 2016
AMENDED IN SENATE APRIL 6, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Moorlach
(Principal coauthor: Assembly Member Gatto)
(Coauthor: Senator Hill)
(Coauthor: Assembly Member Harper)
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, 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 standards. 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 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 subject to conditions that increase fire
hazards associated with overhead utility facilities 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 develop a definition of
"enhanced mitigation measures" for these purposes. The bill, as part
of any findings supporting a decision to approve the boundaries for
those areas, would require the commission to describe how the
commission incorporated the concerns of local governments, fire
departments, or both in determining those boundaries.
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 subject to conditions that increase fire
hazards associated with overhead utility facilities generally and at
specific locations. Consistent with Section 321.1, the commission
shall develop a definition of "enhanced mitigation measures" for
purposes of this subdivision in Rulemaking 15-05-006 (Filed May 7,
2015), Order Instituting Rulemaking to Develop and Adopt Fire-Threat
Maps and Fire-Safety Regulations, or in another appropriate
proceeding.
(b) Any findings supporting a decision to approve the boundaries
for areas described in subdivision (a) shall describe how the
commission incorporated the concerns of local governments, fire
departments, or both in determining those boundaries.