BILL ANALYSIS Ó
SB 1463
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Date of Hearing: June 22, 2016
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Mike Gatto, Chair
SB
1463 (Moorlach) - As Amended April 19, 2016
SENATE VOTE: 38-0
SUBJECT: Electrical lines: mitigation of wildfire risks
SUMMARY: Requires the California Public Utilities Commission
(CPUC), in consultation with the California Department of Forestry
and Fire Protection (CAL FIRE), to prioritize areas in which
communities are at high risk from the consequences of wildfire,
and develop a definition of "enhanced mitigation measures" when
determining areas susceptible to wildfires hazards posed by
overhead electrical lines and equipment. Specifically, this bill:
1)Requires the CPUC, in consultation with CAL FIRE, in determining
areas in which to require enhanced mitigation measures for
wildfire hazards posed by overhead electrical lines and
equipment, to prioritize areas in which communities are at high
risk from the consequences of wildfires.
2)Requires the CPUC to develop a definition of "enhanced
mitigation measures" 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.
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3)Requires any findings supporting a decision to approve the
boundaries for specified areas to describe how the CPUC
incorporated the concerns of local governments, fire
departments, or both in determining those boundaries.
EXISTING LAW:
1)Requires the CPUC to develop formal procedures to consider
safety in a rate case application by an electrical corporation
or gas corporation. Requires the procedures to include a means
by which safety information acquired by the CPUC through
monitoring, data tracking and analysis, accident investigations,
and audits of an applicant's safety programs may inform the
CPUC's consideration of the application. (Public Utilities Code
Section 750)
2)Establishes the Very High Fire Hazard Severity Zones in order
classify lands in the state in accordance with whether a very
high fire hazard is present so that public officials are able to
identify measures that will retard the rate of spread, and
reduce the potential intensity, of uncontrolled fires that
threaten to destroy resources, life, or property, and to require
that those measures be taken. (Government Code Section 51175 et
seq.)
3)Establishes the California Emergency Services Act and provides
that the state recognizes its responsibility to mitigate the
effects of natural, manmade, or war-caused emergencies that
result in conditions of disaster or in extreme peril to life,
property, and the resources of the state, and generally to
protect the health and safety and preserve the lives and
property of the people of the state. (Government Code Section
8550 et seq.)
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4)Specifies the intent of the Legislature that the CPUC assess the
consequences of its decisions, including economic effects, and
assess and mitigate the impacts of its decision on customer,
public, and employee safety, as part of each ratemaking,
rulemaking, or other proceeding, and that this be accomplished
using existing resources and within existing CPUC structures.
Requires the CPUC to take all necessary and appropriate actions
to assess the economic effects of its decisions and to assess
and mitigate the impacts of its decisions on customer, public,
and employee safety. (Public Utilities Code Section 321.1)
FISCAL EFFECT: Unkown.
COMMENTS:
1)Author's Statement: "On May 26, 2016, the CPUC approved the
final version of Fire Map 1. The City of Laguna Beach was
placed within the low-risk margins of the Utility Fire Threat
Index. However, 90% of the City of Laguna Beach falls within a
Very High Fire Hazard Severity Zone on the CAL FIRE Fire
Resources and Assessment Program (FRAP) map which takes into
account variables such as fire history, a measure that evaluates
the cost and consequence of fire and housing and population
density. These factors were left out of Fire Map 1's
development. It is essential that the Public Utilities
Commission outline how Fire Map 2 will be created by taking into
account the concerns of local governments and fire departments."
2)Background: Every year, high temperatures fuel wildfires across
the state. Such wildfires are perpetuated due to strong winds
and difficult terrain, and pose a danger to people and property
in high wildfire areas. For example, in 2007 wildfires spread
throughout Southern California killing 17 people, destroying
thousands of homes, and burning more than 780 square miles.
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Wildfires can be caused by many factors, such as high
temperature, excess vegetation, strong winds, arson, accidents,
etc. However, several of the worst wildfires in the state were
caused by power lines, including the Grass Valley Fire, the
Malibu Canyon Fire, the Rice Fire, the Sedgewick Fire, and the
Witch Fire. These five wildfires burned over 334 square miles
of terrain.
In response to the wildfires, in 2008 the CPUC initiated a
rulemaking (R. 08-11-005) to consider and adopt regulations to
reduce the fire hazards associated with overhead power lines and
aerial communication facilities in close proximity to power
lines. Many of the fire-safety regulation adopted in the
rulemaking applied to high fire-threat areas, which are areas
that had an elevated risk of power-line fires initiating and
spreading rapidly. As part of the rulemaking, CAL FIRE was
tasked with developing a statewide fire-threat map that would
show in great detail the risk of power-line fires occurring and
spreading rapidly throughout the state.
The CAL FIRE maps would be used to established new High
Fire-Threat District boundaries where stronger fire-safety
regulations adopted in the rulemaking would apply. These
stronger regulations include, rules requiring utilities to
design, construct, and maintain their facilities for known local
conditions, minimum and increased frequencies for patrol
inspections, expanded vegetation clearance requirements, and
requirements on investor owned utilities in Southern California
to prepare and submit plants to reduce power-line fires during
extreme fire weather.
3)Rulemaking 15-05-006: In May 2015, the CPUC closed Rulemaking
08-11-005 and opened a successor rulemaking (R. 15-05-006). The
focus of R.15-05-006 is to develop and adopt a Fire Map to
depict the physical and environmental conditions associated with
an elevated potential for utility associated wildfires and to
delineate the boundaries of a new High Fire-Threat District
where stronger fire safety regulations are adopted. CAL FIRE
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was tasked to develop Fire Map 1 which is to be used as the
foundation for the development of Fire Map 2 to delineate
High-Fire Threat District boundaries.
In April 2016, CAL FIRE completed its development of Fire Map 1.
Fire Map 1 was specifically designed to identify areas where
environmental conditions posted an elevated hazard for the
ignition and rapid spread of power-line fires. With the
exception of the City of Laguna Beach, all parties supported the
adoption of Fire Map 1. CAL FIRE and relevant parties agreed to
address several issues as they develop Fire Map 2, including
examining vegetation issues in low wind areas, include utility
knowledge of local conditions, and investigate whether wind
should be a factor in the definition of High Fire Threat
Districts.
4)City of Laguna Beach: According to the City of Laguna Beach,
the City has been plagued by utility caused fires for years.
This includes five recent fires that involved power-line
facilities, including a 15 acre fire in July 2015 caused by
downed power lines. The City expressed concerns with Fire Map 1
because, they argue, contrary to experience and CAL FIRE
mapping, the City is depicted on Fire Map 1 in a low fire-hazard
area where, in fact, the City faces very high fire-risk. The
City argues that Fire Map 1 depicts fire hazard using only a
limited snap shot of the variables that should be considered in
analysis of utility caused wildfires.
This bill requires the CPUC, in consultation with CAL FIRE, in
R.15-05-006, or another appropriate proceeding to prioritize
areas in which communities are at high risk from the
consequences of wildfires and develop a definition of "enhanced
mitigation measures." This bill also requires any findings
supporting a decision to approve the boundaries for specified
areas to describe how the CPUC incorporated the concerns of
local governments, fire departments, or both in determining
those boundaries.
The author may wish to consider an amendment to better align the
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bill with R.15-05-006 by specifying that the CPUC shall
prioritize those communities with additional factors and
conditions that affect fire hazards associated with overhead
utility facilities generally and at specific locations.
5)Development of Fire Map 2: Although power-line fires caused by
power-lines in developed areas under fire-weather conditions can
pose a grave risk to communities, the most catastrophic
power-line fires in California history were caused in less
developed areas and grew under several fire-weather conditions
such as strong winds, low humidity, and elevated temperatures.
The primary goal of the proceeding is to ensure that utility
fires do not become mega fires, by addressing areas with
abundant fuels and severe fire weather. Fire Map 1 was developed
to serve as a foundation for developing Fire Map 2.
The parties agreed that the concerns expressed by the City of
Laguna Beach can be addressed during the development of Map 2,
including adjustments to reflect historical fires and local
knowledge. In addition, the Fire Map 1 proposed decision
encouraged Southern California Edison to further engage with the
City of Laguna Beach to explain fire-safety regulation and to
discuss what additional measures may be warranted for the Laguna
Beach Area.
6)Arguments in Support: According to the City of Laguna Beach,
the sponsor of the bill, "The City of Laguna Beach has been
plagued by well-documented, utility-caused fires for years and
has consequently undertaken efforts to protect its residents and
businesses through maximizing the use of underground
utility-related infrastructure to avoid future fire-related
disasters [?] The City is concerned that Fire Map 1 may be used
by utilities to justify providing a less-safe level of service
than would otherwise be required if the City remained in a high
risk zone. It is critical that as this map is developed,
appropriate factors are taken into consideration to ensure that
a high level of safety is maintained in our communities."
7)Arguments in Opposition: According to the California Cable and
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Telecommunications Association, "This bill fails to clearly
limit the enhanced mitigation measures to potential 'wildfires'
resulting from overhead electrical lines or equipment. This
bill would result in prohibitive new costs and impede the
deployment of broadband, create new safety risks in the local
communities, and unfairly shift costs to all electric service
ratepayers without providing any greater protection from
wildfires."
8)Suggested Amendment:
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 have additional factors and conditions
that affect fire hazards associated with overhead utility
facilities generally and at specific locations. Consistent with
Section 321.1 of this chapter, t T he 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.
9)Related Legislation:
SB 1028 (Hill) of 2016: Requires CPUC regulated utilities to
file wildfire mitigation plans and requires the CPUC to vote to
approve and audit those plans. Requires publicly-owned
utilities to file wildfire mitigation plans with their governing
boards. Pending in Assembly Utilities and Commerce Committee.
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REGISTERED SUPPORT / OPPOSITION:
Support
City of Laguna Beach (Sponsor)
City of Aliso Viejo
City of Irvine
City of Malibu
Orange County Fire Chiefs Association
Rural County Representatives of California
Opposition
California Cable and Telecommunications Association
Analysis Prepared by:Edmond Cheung / U. & C. / (916)
319-2083
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