Bill Text: CA SB436 | 2023-2024 | Regular Session | Amended

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Bill Title: Wildfire safety: The California Wildfire Mitigation Strategic Planning Act.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2024-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB436 Detail]

Download: California-2023-SB436-Amended.html

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Amended  IN  Senate  March 21, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 436

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Introduced by Senator Dodd

February 13, 2023

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An act to add Part 7.4 (commencing with Section 15480) to Division 3 of Title 2 of the Government Code, relating to wildfire safety.

LEGISLATIVE COUNSEL'S DIGEST

SB 436, as amended, Dodd. Wildfire safety: The California Wildfire Mitigation Strategic Planning Act.

Existing law, the California Energy Infrastructure Safety Act, establishes in the Natural Resources Agency the Office of Energy Infrastructure Safety, which provides that the office’s primary objective is to ensure that regulated entities, as defined, are reducing wildfire risk and complying with energy infrastructure safety measures as required by law. The act authorizes the office to do many things related to energy infrastructure safety, including determining that a regulated entity is not in compliance with any matter under the authority of the office. If necessary, the act authorizes the office to undertake an investigation into whether the regulated entity is noncompliant with its duties and responsibilities or has otherwise committed violations of any laws, regulations, or guidelines within the authority of the office. The act authorizes the office to issue a notice of defect or violation to direct the regulated entity to correct any defect or noncompliance with the approved wildfire mitigation plan or failure to comply with any laws, regulations, or guidelines within the authority of the office.

This bill would require the office, on or before April 1, 2025, and every 3 years thereafter, to prepare a Wildfire Risk Baseline and Forecast for the state, as provided. The bill would require the forecast to accomplish certain things, including establishing key risk metrics for wildfire risk for the state as a whole, by county, and by geographic location.

Existing law, the California Emergency Services Act, establishes the Office of Emergency Services within the Governor’s office under the supervision of the Director of Emergency Services and makes the office responsible for the state’s emergency and disaster response services for natural, technological, or man-made disasters and emergencies.

The

This bill would require the office, on or before January 1, 2025, and every 3 years thereafter, to prepare a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions, as provided. The bill would require the framework to allow for geospatial evaluation and comparison of wildfire risk mitigation actions, as defined, sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning. The bill would require the office to, each year the framework is completed, submit a copy of the framework to the Legislature, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.

The bill would require the office, on or before April 1, 2025, and every 3 years thereafter, to prepare a Wildfire Risk Baseline and Forecast for the state delineated on a statewide level and by county, as provided. The bill would require the forecast to include geographic specificity as determined by the director to be sufficient to evaluate targeted wildfire risk mitigation actions, and to accomplish specific things, including establishing key risk metrics for wildfire risk for the state as a whole, by county, and by geographic location. The bill would require the office to, each year the forecast is completed, submit a copy of the forecast to the Legislature, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.

The bill would require the office, on or before August 1, 2025, to prepare a Wildfire Mitigation Scenarios Report, to be updated annually. The bill would require the report to contain specified information, including identification of a reasonable range of possible scenarios for overall wildfire risk mitigation spending, as provided.

Existing law requires each electrical corporation to annually prepare and submit a wildfire mitigation plan to the office.

The bill would require the office to apply the report and the framework, described above, when evaluating a wildfire mitigation plan of an electrical corporation in order to ensure maximum feasible consistency and coordination between the wildfire mitigation plan and activities undertaken by other parties that reduce wildfire risk and consequence. The bill would authorize the office, among other things, to direct an electrical utility to take wildfire risk mitigation actions in accordance with the framework.

The bill would authorize the director to contract with a private consultant or a public university with special expertise in quantitative assessment of wildfire risk and risk mitigation to conduct quantitative assessment of wildfire and community risk modeling and for preparation of reports to accomplish the purposes of this act.

Digest Key

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

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) Wildfires have caused unacceptable catastrophic losses to local communities, the state, and its residents over the past decade.

(b) Increased wildfire risk is being driven by climate change, drought, and the accumulation of fuels due to historic wildfire suppression.

(c) The California Wildfire and Forest Resilience Task Force has found that more frequent, larger, high-severity wildfires threaten a broad range of communities throughout the state, contributing to the loss of human life and property damage.

(d) Smoke from unplanned wildfires has a detrimental impact on human health and poses an elevated risk to vulnerable populations, such as the elderly, children, pregnant women, those with certain underlying health conditions, and outdoor workers.

(e) Since many of the state’s ecosystems are fire adapted, uncharacteristic fire regimes created by historic fire suppression policies threaten ecological health, hinder the ability of ecosystems to support biodiversity and vital ecosystem services, and contribute to soil erosion, diminished water quality, and impeded forest regeneration.

(f) Governor Gavin Newsom and the Legislature have identified the urgent need for utilities to invest in safe and reliable service while minimizing ratepayer impacts and protecting energy affordability.

(g) The Natural Resources Agency, the United States Forest Service, and the United States Bureau of Land Management have identified the urgent need for land managers to invest in stewardship of forests and landscapes to improve wildfire resilience in the face of climate change.

(h) The January 2021 report from the California Wildfire and Forest Resilience Task Force identified the need for greater landscape-scale treatments to reduce the risk of catastrophic wildfire and recognized the importance of building and maintaining regional approaches to wildfire resilience, reflective of the state’s diverse ecosystems and built environment.

(i) The State of California recognizes the unprecedented challenges posed by wildfires and has responded with historic investments to address landscape-scale wildfire resilience.

(j) Current investments by electric utilities to avoid utility ignitions are much larger than even the recent historic investments in wildfire and forest resilience by the state and federal governments.

(k)The Office of Energy Infrastructure Safety has developed significant expertise in quantifying and evaluating the risks and consequences of wildfire through its supervision of electrical corporation’s wildfire mitigation plans.

(l)

(k) Therefore, meeting the complex challenges presented by the modern wildfire crisis necessitates greater collaboration and coordination between the various entities tasked with managing wildfire risk and resilience in California in planning for and targeting wildfire risk mitigation investments.

SEC. 2.

 Part 7.4 (commencing with Section 15480) is added to Division 3 of Title 2 of the Government Code, to read:

PART 7.4. The California Wildfire Mitigation Strategic Planning Act

15480.

 Unless the context otherwise requires, the following definitions govern construction of this part:

(a) “Director” means the Director of the Office of Energy Infrastructure Safety. Emergency Services.

(b) “Forecast” means the Wildfire Risk Baseline and Forecast prepared pursuant to Section 15481. 15482.

(c) “Framework” means the Wildfire Risk Mitigation Planning Framework prepared pursuant to Section 15482. 15481.

(d) “Office” means the Office of Energy Infrastructure Safety. Emergency Services.

(e) “Report” means the Wildfire Mitigation Scenarios Report prepared pursuant to Section 15483.

(f) “Risk-spend “Risk to spend efficiency” means the net present value of monetized reduction in wildfire consequences per dollar of risk mitigation expenditure.

(g) “Wildfire mitigation plans” plan” means those plans a plan prepared pursuant to Section 8386 of the Public Utilities Code.

(h) “Wildfire risk mitigation actions” action” means those actions an action undertaken by a private or public actors actor with the stated purpose of reducing either the chances of a wildfire ignition or the consequences of a wildfire ignition after one occurs, excluding fire suppression activities.

15481.

(a)On or before April 1, 2025, and every three years thereafter, the office shall prepare a Wildfire Risk Baseline and Forecast for the State of California delineated on a statewide level and by county, and shall include geographic specificity as determined by the director that is sufficient to evaluate targeted wildfire risk mitigation actions.

(b)The forecast shall be prepared in coordination with the wildfire mitigation plans.

(c)The forecast shall accomplish all of the following:

(1)Contain, at a minimum, estimates of current ignition risk and an evaluation of the consequences of potential ignitions to human life and safety, structures and critical infrastructure, cultural and historic resources, public health, ecosystems and ecosystem services, and any other material consequences as determined by the director.

(2)Establish key risk metrics for wildfire risk for the state as a whole, by county, and by geographic location.

(3)Establish reasonable levels of unmitigated planned risk for the state to assume and manage via fire suppression.

(4)Include estimated wildfire risk and consequence in 1-, 3-, and 10-year projections assuming implementation and extension of current wildfire risk mitigation actions.

(5)Include targets for wildfire risk reduction for the state of California in 1, 3, and 10 years.

(6)On and after January 1, 2028, evaluate current wildfire risk relative to targets established according to paragraph (5) in the most recent prior forecast.

(d)The forecast may take into account the contribution to wildfire risk and consequence created by all of the following factors:

(1)Weather.

(2)Fuel type and fuel loading.

(3)Historic fire regimes and changing fire patterns.

(4)Climate change.

(5)Human population and population density.

(6)Development pattern.

(7)Electric infrastructure.

(8)Other factors as determined relevant by the director.

(e)To the maximum extent practicable, the office shall make available to the public on its internet website the factual and analytical bases for the wildfire risk and consequence estimates included in the forecast.

15482.

(a)On or before January 1, 2025, and every three years thereafter, the office shall prepare a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions as determined by the director.

(b)The framework shall be updated in conjunction with the forecast pursuant to Section 15481.

(c)The framework shall allow for geospatial evaluation and comparison of wildfire risk mitigation actions sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning.

(d)The framework may incorporate, for each wildfire risk mitigation action, including near-term and long-term estimates and projections, as determined appropriate by the director, all of the following:

(1)The entity or entities responsible for a wildfire risk mitigation action.

(2)Risk events and consequences targeted, including cost and other appropriate metrics of unmitigated damages.

(3)Cost of wildfire risk mitigation actions.

(4)Methods for evaluating and estimates of risk-spend efficiency of wildfire risk mitigation actions.

(5)Geographic areas to which the wildfire risk mitigation action applies.

(6)Interactions, cobenefits, and joint impacts with other wildfire risk mitigation actions.

(7)Interactions and joint impacts with climate change, drought, past wildfires, and other environmental factors and environmental metrics as appropriate.

(8)Effects on stakeholders and other affected parties.

(9)Personnel requirements to effectuate the wildfire risk mitigation action.

(10)Other factors as determined appropriate by the director.

(e)The office shall make the framework available as a planning tool for all entities included in the report pursuant to paragraph (2) of subdivision (b) of Section 15483.

(f)To the maximum extent practicable, the office shall make available to the public on its internet website the factual and analytical bases for the framework.

15481.

 (a) On or before January 1, 2025, and every three years thereafter, the office shall prepare a Wildfire Risk Mitigation Planning Framework sufficient to quantitatively evaluate wildfire risk mitigation actions as determined by the director.

(b) The framework shall be updated in conjunction with the forecast pursuant to Section 15482.

(c) The framework shall allow for geospatial evaluation and comparison of wildfire risk mitigation actions sufficient to direct coordinated mitigation efforts and long-term collaborative mitigation planning.

(d) The framework may incorporate, for each wildfire mitigation action, including near-term and long-term estimates and projections, as determined to be appropriate by the director, all of the following:

(1) The entity or entities responsible for the wildfire risk mitigation action.

(2) Risk events and consequences targeted, including cost and other appropriate metrics of unmitigated damages.

(3) Cost of the wildfire risk mitigation action.

(4) Methodologies for evaluating, and estimates of risk to spend efficiency of, the wildfire risk mitigation action.

(5) Geographic areas to which the wildfire risk mitigation action applies.

(6) Interactions, cobenefits, and joint impacts with other wildfire risk mitigation activities.

(7) Interactions and joint impacts with climate change, drought, past wildfires, and other environmental factors and environmental metrics, as appropriate.

(8) Effects on stakeholders and other affected parties.

(9) Personnel requirements to effectuate the wildfire risk mitigation action.

(10) Other factors as determined to be appropriate by the director.

(e) The office shall make the framework available as a planning tool for all entities included in the report pursuant to paragraph (2) of subdivision (b) of Section 15483.

(f) The office shall, each year the framework is completed, submit a copy of the framework to the Legislature notwithstanding Section 10231.5 and in compliance with Section 9795, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.

(g) To the maximum extent possible, the office shall make the factual and analytical basis for the framework available to the public on its internet website.

15482.

 (a) On or before April 1, 2025, and every three years thereafter, the office shall prepare a Wildfire Risk Baseline and Forecast for the State of California delineated on a statewide level and by county, and shall include geographic specificity as determined by the director to be sufficient to evaluate targeted wildfire risk mitigation actions.

(b) The forecast shall be prepared in coordination with the wildfire mitigation plan.

(c) The forecast shall accomplish all of the following:

(1) Contain, at a minimum, estimates of current ignition risk and an evaluation of the consequences of potential ignitions to human life and safety, structures and critical infrastructure, cultural and historic resources, public health, ecosystems and ecosystem services, and any other material consequences as determined by the director.

(2) Establish key risk metrics for wildfire risk for the state as a whole, by county, and by geographic location.

(3) Establish reasonable levels of unmitigated planned risk for the state to assume and manage through fire suppression.

(4) Include an estimated wildfire risk and consequence, in 1-year, 3-year, and 10-year projections, assuming implementation and extension of current wildfire risk mitigation actions.

(5) Include targets for wildfire risk reduction for the State of California in 1, 3, and 10 years.

(6) Beginning January 1, 2028, evaluate current wildfire risk relative to targets established according to paragraph (5) in the most recent prior forecast.

(d) The forecast may take into account the contribution to wildfire risk and consequence created by all of the following factors:

(1) Weather.

(2) Fuel type and fuel loading.

(3) Historic fire regimes and changing fire patterns.

(4) Climate change.

(5) Human population and population density.

(6) Development patterns.

(7) Electric infrastructure.

(8) Other factors as determined to be relevant by the director.

(e) The office shall provide recommendations in the report on how to achieve better coordination, risk to spend efficiency, and overall cost-effectiveness, in specific regions and statewide, between utility-related wildfire mitigation investments made pursuant to a wildfire mitigation plan and nonutility wildfire mitigation investments.

(f) The office shall, each year the forecast is completed, submit a copy of the forecast to the Legislature notwithstanding Section 10231.5 and in compliance with Section 9795, the Office of Energy Infrastructure Safety, and the Public Utilities Commission for review and consideration.

(g) To the maximum extent practicable, the office shall make available to the public on its internet website the factual and analytical bases for the wildfire risk and consequence estimates included in the forecast.

15483.

 (a) On or before August 1, 2025, the office shall prepare a Wildfire Mitigation Scenarios Report, to be updated annually.

(b) The report shall contain all of the following information:

(1) Identification of a reasonable range of possible scenarios for overall wildfire risk mitigation spending over the next one-year and three-year periods.

(2) Planned and likely statewide wildfire risk mitigation actions by all of the following entities:

(A) State agencies.

(B) Federal agencies.

(C) Electric utilities.

(D) Municipalities and local governments.

(E) Nongovernmental organizations and private actors seeking state funding.

(F) Other stakeholders as determined appropriate by the director.

(3) A quantification of the overall risk reduction achieved via implementation of all planned and potential wildfire risk mitigation actions relative to the baseline level of unmitigated risk contained in the most recent forecast.

(4) A quantification of the risk-spend efficiency of all planned wildfire risk mitigation actions using the framework.

(5) Using the framework, identification and description, in detail, of one or more cost-effective statewide wildfire risk reduction strategies that are approximately equal in cost to planned spending by all entities identified in the report and that achieve maximum estimated reduction in overall wildfire risk and consequence for the state State of California.

(6) Recommendations on how to achieve better coordination, risk to spend efficiency, and overall cost-effectiveness, in specific regions and statewide, between utility-related wildfire mitigation investments made pursuant to a wildfire mitigation plan and nonutility wildfire mitigation investments.

(c) The office shall, each year upon its completion, submit a copy of the report to the Legislature notwithstanding Section 10231.5 and in compliance with Section 9795, and to the Public Utilities Commission, for review and consideration.

(c)

(d) To the maximum extent practicable, the office shall make available to the public on its internet website the factual and analytical bases for the report.

15484.

(a)The office shall apply the report and framework, as determined appropriate by the director, when evaluating a wildfire mitigation plan of an electrical corporation in order to ensure maximum feasible consistency and coordination between the wildfire mitigation plan and activities undertaken by other parties that reduce wildfire risk and consequence.

(b)The office may direct an electrical corporation to take wildfire risk mitigation actions in accordance with the framework.

(c)The office may direct an electrical corporation to plan and prioritize among multiple wildfire risk mitigation actions using the framework.

(d)The office may include as a factor in evaluating an electrical corporation’s wildfire mitigation plan its consistency with the framework, inappropriate application of the framework, or results inappropriately in conflict with the office’s application of the framework.

15484.

 The director may contract with a private consultant or a public university with special expertise in the quantitative assessment of wildfire risk and risk mitigation to conduct quantitative wildfire and community risk modeling and for preparation of reports in order to accomplish the purposes of Sections 15481, 15482, and 15483.