SB 1312

Bill Subjects

Abstract

(1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Under existing law, the Legislature has declared that it is the policy of this state to achieve, whenever feasible and not inconsistent with sound environmental planning, the undergrounding of all future electric and communication distribution facilities that are proposed to be erected in proximity to designated state scenic highways and that would be visible from those highways if erected above ground. The commission's existing Electric Tariff Rule 20 establishes policies for the undergrounding of electric facilities and includes, among other programs, the Rule 20A undergrounding program, which requires electrical corporations to convert overhead electric facilities to underground facilities when it is in the public interest for specified reasons. This bill would require the commission to revise Electric Tariff Rule 20 to additionally authorize and fund, whenever feasible, the undergrounding of electrical infrastructure within certain commission-designated high fire-threat areas for purposes of wildfire mitigation. (2) Existing law requires each electrical corporation to annually prepare a wildfire mitigation plan and to submit its plan to the commission for review and approval, as specified. Existing law requires the wildfire mitigation plan to include, among other things, protocols for disabling reclosers and deenergizing portions of the electrical distribution system that consider the associated impacts on public safety. This bill would require the commission to develop a standard against which to measure the prudency of an electrical corporation's conduct of a public safety power shutoff, as defined, and an electrical corporation's fire risk mitigation capital expenditures on the distribution or transmission infrastructure that motivated the public safety power shutoff. The bill would require an electrical corporation that conducts a public safety power shutoff to report specified information about the shutoff and its infrastructure expenditures to the commission. The bill would require the commission to hold a public hearing to determine whether a public safety power shutoff was conducted prudently. The bill would require the commission, if it determines a shutoff or related expenditures were not conducted prudently, to levy fines and penalties against the electrical corporation. The bill would require an electrical corporation to notify the commission, the Office of Emergency Services, and the Department of Forestry and Fire Protection of a potential public safety power shutoff. The bill would also require an electrical corporation, on or before July 1, 2021, to identify and report to the commission at least 15% of its transmission and distribution infrastructure that is most likely to cause a public safety power shutoff or ignite a wildfire, that needs fire risk mitigation capital expenditures, and for which fire risk mitigation capital expenditures have not been made by July 1, 2021. The bill would require fire risk mitigation capital expenditures to be made on at least 50% of that infrastructure so that a public safety power shutoff is not necessary due to that infrastructure except in extraordinary circumstances by July 1, 2023, on at least 75% of that infrastructure by July 1, 2024, and on all of that infrastructure by July 1, 2025. (3) 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 the bill would be included in the act and would require action by the commission, a violation of which would be a crime, this 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.