Bill Text: CA SB70 | 2019-2020 | Regular Session | Amended

California Senate Bill 70 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Electricity: undergrounding of electrical infrastructure.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2019-10-02 - Chaptered by Secretary of State. Chapter 400, Statutes of 2019. [SB70 Detail]

Download: California-2019-SB70-Amended.html

Amended IN Senate April 03, 2019

Amended IN Senate March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 70

Introduced by Senator Nielsen

January 09, 2019

An act to add Section 764.7 to, and to add Division 2.2 (commencing with Section 5600) to, the Public Utilities Code, relating to electricity, making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

SB 70, as amended, Nielsen. Electricity: undergrounding of electrical distribution infrastructure.

(1) Under existing law, the Public Utilities Commission has jurisdiction over public utilities, including electrical corporations. Under its existing authority, the commission requires certain electrical corporations to implement the California Overhead Conversion Program to provide financial assistance to local governments to facilitate projects that are in the public interest and that remove overhead infrastructure, replacing it with infrastructure in underground trenches. Existing law requires each electrical corporation to annually prepare and submit a wildfire mitigation plan to the commission for review and approval, and requires the commission to conduct an annual review of each electrical corporation’s compliance with its plan.

This bill would require the commission, on and after January 1, 2021, to require each electrical ~~corporation~~ corporation, except where it is physically infeasible to do so, to replace overhead electrical distribution infrastructure in a very high fire hazard severity zone in the electrical corporation’s territory that is destroyed as a result of fire with underground electrical distribution infrastructure, and to convert overhead electrical distribution infrastructure that is removed due to an accident to underground electrical distribution infrastructure. The bill would prohibit an electrical corporation that has not complied with its wildfire mitigation plans from recovering from ratepayers the costs of complying with these ~~requirements.~~ infrastructure undergrounding requirements, except for those costs specifically related to the permitting process.

This bill would establish the Electrical Infrastructure Undergrounding Working Group to promote the undergrounding of electrical infrastructure and the implementation of a statewide joint trenching policy. The bill would require the working group to focus on those areas of the state affected by wildfires from 2013 to 2020, inclusive, during the rebuilding and restoration phases of those areas, and to prioritize undergrounding along those streets and highways that serve as county-designated evacuation routes.

(2) This bill would appropriate $1,000,000 to the working group in the 2019–20 fiscal year for its administration.

(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 certain of the above provisions would be in the act and a violation of an order, decision, rule, direction, demand, or requirement of the commission implementing the above provisions 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.

Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: YES

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) Underground electrical lines are better insulated than overhead electrical lines, are less likely to be affected by hazardous weather conditions or animals than overhead electrical lines, and are protected from wildfires.

(b) Underground electrical lines generally have a longer ~~lifespan,~~ linesman, and create less interference with other communication infrastructure, than overhead electrical lines.

(c) Underground electrical lines create less liability than overhead electrical lines because overhead electrical lines are prone to falling on buildings and into roadways, which may cause damage and sometimes spark wildfires.

(d) Wildfires disrupt electrical grid reliability and threaten the transmission and distribution of electricity.

(e) Most of the 2017 and 2018 wildfires in northern California started along highways or utility corridors, highlighting the clear need for fuel breaks on roads and safer utility infrastructure.

(f) Californians will need to harden structures and infrastructure, including utility infrastructure, in order to live with wildfires and to reduce the risk of future catastrophic wildfires.

SEC. 2.

Section 764.7 is added to the Public Utilities Code, to read:

764.7.

(a) ~~The~~ (1) Except as provided in paragraph (2), the commission, on and after January 1, 2021, shall require each electrical corporation to do both of the following:

~~(1)~~

(A) Replace overhead electrical distribution infrastructure in a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection, in the electrical corporation’s territory that is destroyed as a result of fire with underground electrical distribution infrastructure.

~~(2)~~

(B) Convert overhead electrical distribution infrastructure that is removed due to an accident to underground electrical distribution infrastructure.

(2) The commission shall not require the construction of underground electrical distribution infrastructure where it finds that the construction of underground electrical distribution infrastructure is physically infeasible, including due to weather conditions such as the presence of heavy snow or terrain conditions such as the presence of bedrock, or if the commission finds that there is an immediate need to construct overhead electrical distribution infrastructure to restore electrical service following an outage.

(b) ~~The~~ An electrical corporation that has not complied with its wildfire mitigation plans submitted pursuant to Section 8386 shall not recover from ratepayers the costs of complying with the requirements of this ~~section.~~ section except for those costs specifically related to the permitting process, including costs relating to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), staff time, permit fees, and consulting fees.

SEC. 3.

Division 2.2 (commencing with Section 5600) is added to the Public Utilities Code, to read:

DIVISION 2.2. Electrical Infrastructure Undergrounding Working Group

5600.

For purposes of this division, the following definitions apply:

(a) “Joint trenching” means the use of a preestablished corridor, the position and spacing of which is based on established engineering criteria and future maintenance requirements, designed to accommodate multiple forms of subsurface infrastructure, including for telecommunications, water, sewage, gas, electricity, and pipelines, that are installed concurrently in a joint trench along the corridor before the trench is surveyed and backfilled. Excavation and backfill of a joint trench may be performed by a single contractor.

(b) “Working group” means the Electrical Infrastructure Undergrounding Working Group established pursuant to Section 5602.

5602.

(a) The Electrical Infrastructure Undergrounding Working Group is hereby established in state government to promote the undergrounding of electrical infrastructure and the implementation of a statewide joint trenching policy.

(b) The working group shall focus on those areas of the state affected by wildfires from 2013 to 2020, inclusive, during the rebuilding and restoration phases of those areas.

(c) The working group shall prioritize undergrounding along those streets and highways that serve as county-designated evacuation routes.

5604.

The working group shall consist of representatives from all of the following entities:

(a) The commission.

(b) The Department of Forestry and Fire Protection.

(d) The Department of Transportation.

(e) The California State Association of Counties.

(f) The League of California Cities.

(g) The Rural County Representatives of California.

SEC. 4.

The sum of one million dollars ($1,000,000) is hereby appropriated from the General Fund to the Electrical Infrastructure Undergrounding Working Group in the 2019–20 fiscal year for its administration.

SEC. 5.

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.