BILL ANALYSIS Ó
SB 1463
Page 1
SENATE THIRD READING
SB
1463 (Moorlach)
As Amended June 30, 2016
Majority vote
SENATE VOTE: 38-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Utilities |15-0 |Gatto, Patterson, | |
| | |Burke, Chávez, Dahle, | |
| | |Eggman, Cristina | |
| | |Garcia, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Hadley, | |
| | | | |
| | | | |
| | |Roger Hernández, | |
| | |Obernolte, Quirk, | |
| | |Santiago, Ting, | |
| | |Williams | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Natural |9-0 |Williams, Jones, | |
SB 1463
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|Resources | | | |
| | | | |
| | |Cristina Garcia, | |
| | |Gomez, Hadley, | |
| | |Harper, McCarty, | |
| | | | |
| | | | |
| | |Mark Stone, Wood | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |15-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Chang, Eggman, | |
| | |Eduardo Garcia, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood, McCarty | |
| | | | |
| | | | |
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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 subject to conditions that increase fire
hazards associated with overhead utility facilities generally
and at specific locations. 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 subject to conditions that increase fire hazards
associated with overhead utility facilities generally and at
specific locations.
2)Requires the CPUC to develop a definition of "enhanced
mitigation measures" in Rulemaking 15-05-006 (Filed May 7,
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2015), Order Instituting Rulemaking to Develop and Adopt
Fire-Threat Maps and Fire-Safety Regulations, or in another
appropriate proceeding, as specified.
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 Assembly Appropriations
Committee, this bill would have increased costs of $582,000 over
two years for CALFIRE to assist in the design and development of
the revised Fire Threat Map and the development of enhanced
mitigation measures. In addition, this bill would have minor
costs to the CPUC.
COMMENTS:
1)Author's Statement: According to the author, "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 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 [CPUC]
outline how Fire Map 2 will be created by taking into account
the concerns of local governments and fire departments."
2)Background: 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
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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.
3)Rulemaking 15-05-006: In May 2015, the CPUC closed R.
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 (City), all parties
supported the adoption of Fire Map 1.
4)City of Laguna Beach: According to the City, the City has
been plagued by utility caused fires for years. The City
expressed concerns with Fire Map 1 because, they argue, 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
parties agreed that the concerns expressed by the City can be
addressed during the development of Fire Map 2, including
adjustments to reflect historical fires and local knowledge.
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 subject to conditions that
increase fire hazards associated with overhead utility
SB 1463
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facilities generally and at specific locations 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.
Analysis Prepared by:
Edmond Cheung / U. & C. / (916) 319-2083 FN:
0004115