Bill Text: CA SB1313 | 2019-2020 | Regular Session | Amended


Bill Title: Electrical corporations: deenergization.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-03-25 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB1313 Detail]

Download: California-2019-SB1313-Amended.html

Amended  IN  Senate  March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1313


Introduced by Senator McGuire

February 21, 2020


An act relating to public utilities. An act to add Article 15 (commencing with Section 930) to Chapter 4 of Part 1 of Division 1 of the Public Utilities Code, relating to public utilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 1313, as amended, McGuire. Public utilities. Electrical corporations: deenergization.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. 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 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, as defined. 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 and to need grid hardening. The bill would require at least 50% of that infrastructure to be hardened to the extent that a public safety power shutoff is not necessary except in extraordinary circumstances by July 1, 2023, at least 75% of that infrastructure to be hardened to that extent by July 1, 2024, and all of that infrastructure to be hardened to that extent by July 1, 2025. The bill would prohibit an electrical corporation from charging ratepayers for electricity service not provided during a public safety power shutoff.
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.

The California Constitution establishes the Public Utilities Commission and authorizes the commission to exercise ratemaking and rulemaking authority over all public utilities, as defined, subject to control by the Legislature. The Public Utilities Act authorizes the commission to supervise and regulate every public utility, including electrical and gas corporations, and to do all things that are necessary and convenient in the exercise of that power and jurisdiction.

This bill would state the Legislature’s intent to enact legislation relating to public utilities.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Article 15 (commencing with Section 930) is added to Chapter 4 of Part 1 of Division 1 of the Public Utilities Code, to read:
Article  15. Public Safety Power Shutoff Protocols and Grid Hardening

930.
 (a) For purposes of this article, “public safety power shutoff” means the deenergization of any portion of the electrical distribution or transmission system to reduce the risk of wildfire ignition.
(b) (1) An electrical corporation shall notify the commission, the Office of Emergency Services, and the Department of Forestry and Fire Protection of a potential public safety power shutoff. An electrical corporation shall provide updated notice to those state agencies during each stage of a potential public safety power shutoff, as specified in paragraph (2), to the extent the scope or scale of the potential public safety power shutoff changes.
(2) An electrical corporation shall notify the commission, the Office of Emergency Services, and the Department of Forestry and Fire Protection when it does each of the following:
(A) Activates deenergization protocols.
(B) Decides to deenergize a portion of its transmission and distribution infrastructure.
(C) Begins deenergizing a portion of its transmission and distribution infrastructure.
(D) Initiates reenergization protocols.
(E) Completes reenergization protocols.
(3) Notice provided pursuant to this subdivision shall be conducted in accordance with forms and detailed mapping procedures specified by the Office of Emergency Services.
(c) Deenergization protocols established by the commission shall include contingency plans for when other natural disasters, including wildfires, occur concurrently with a public safety power shutoff.
(d) The Office of Emergency Services, the Department of Forestry and Fire Protection, and the commission may jointly adopt emergency regulations based on the risks to public health and safety resulting from public safety power shutoffs. The adoption of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the Office of Emergency Services, the Department of Forestry and Fire Protection, and the commission are hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code.

931.
 (a) (1) On or before January 1, 2021, the commission shall identify any specific information, other than the information described in subparagraphs (A) and (B) of paragraph (2), needed for the reports relating to grid hardening described in paragraph (2).
(2) On or before July 1, 2021, an electrical corporation shall identify and report each of the following to the commission:
(A) At least 15 percent of the electrical corporation’s transmission and distribution infrastructure that is most likely to cause a public safety power shutoff and need grid hardening and that is not already hardened by July 1, 2021.
(B) All grid hardening conducted between July 1, 2019, and July 1, 2021, by region, type of line, and other relevant factors.
(C) Any other information identified by the commission pursuant to paragraph (1).
(b) (1) On or before July 1, 2023, at least 50 percent of the infrastructure identified pursuant to subparagraph (A) of paragraph (2) of subdivision (a) shall be hardened to the extent that a public safety power shutoff is not necessary except in extraordinary circumstances.
(2) On or before July 1, 2024, at least 75 percent of the infrastructure identified pursuant to subparagraph (A) of paragraph (2) of subdivision (a) shall be hardened to the extent that a public safety power shutoff is not necessary except in extraordinary circumstances.
(3) On or before July 1, 2025, all of the infrastructure identified pursuant to subparagraph (A) of paragraph (2) of subdivision (a) shall be hardened to the extent that a public safety power shutoff is not necessary except in extraordinary circumstances.
(c) An electrical corporation may recover in rates its costs incurred for hardening its infrastructure pursuant to this section, but shall not earn a rate of return on those costs.

932.
 An electrical corporation shall not charge ratepayers for electricity service not provided during a public safety power shutoff.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.

It is the intent of the Legislature to enact legislation relating to public utilities.

feedback