BILL ANALYSIS Ó
SB 1463
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Date of Hearing: June 27, 2016
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, 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.
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.
2)Establishes the Very High Fire Hazard Severity Zones in order
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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.
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 lives and property
of the people of the state.
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.
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.
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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.
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.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)A total of $582,000 (State Responsibility Area fee or General
Fund) over two years for CAL FIRE to assess map criteria,
oversee Fire Threat Map revision, and validate the map against
known electrical utility fires.
2)Minor costs to the CPUC (Public Utilities Commission Utilities
Reimbursement Account) for initial prioritization efforts in
the existing proceeding.
COMMENTS:
1)Author's Statement:
On May 26, 2016, the CPUC approved the final version of
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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. 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 5 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
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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 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.
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4)City of Laguna Beach. According to the City of Laguna Beach
(City), the City has been plagued by utility-caused fires for
years. This includes 5 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 were placed in a low-fire hazard category. The
City argues that designation ignored past utility fires that
have occurred in the city and other CAL FIRE maps. 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 and that the City
should be designation high-fire hazard.
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.
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 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
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Laguna Beach to explain fire-safety regulations and to discuss
what additional measures may be warranted for the Laguna Beach
Area.
6)Double referral and amendments. This bill was heard in the
Utilities and Commerce Committee on June 22, and passed with a
15-0 vote. Due to timing, amendments agreed to in the
Utilities and Commerce Committee will be adopted in this
committee. The amendments require prioritization of
communities that have additional factors and conditions that
affect fire hazards associated with overhead utility
facilities. Please see the Utilities and Commerce Committee
analysis for further information.
7)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. This is awaiting hearing in the Assembly
Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
City of Laguna Beach (Sponsor)
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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:Michael Jarred / NAT. RES. / (916)
319-2092