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Amended
IN
Assembly
July 27, 2020 |
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Amended
IN
Senate
January 21, 2020 |
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Amended
IN
Senate
January 06, 2020 |
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Amended
IN
Senate
September 06, 2019 |
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Amended
IN
Senate
March 25, 2019 |
| Introduced by Senator Wiener |
February 20, 2019 |
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law requires every public utility to furnish any reports required by the commission. Existing law requires the commission to establish the Wildfire Safety Division within the commission to undertake specified tasks. Existing law, effective July 1, 2021, transfers all functions of the Wildfire Safety Division to the Office of Energy Infrastructure Safety.
This bill would require each electrical corporation to annually submit a report to the Wildfire Safety Division and, after June 30, 2021, to the Office of Energy Infrastructure Safety,
that includes the age, useful life, and condition of the electrical corporation’s equipment, inspection dates, and maintenance records for its equipment, investments to maintain and improve the operation of its transmission and distribution facilities, and an assessment of the current and future fire and safety risk posed by the equipment.
Existing law requires each electrical corporation to annually prepare and submit a wildfire mitigation plan to the commission for review and approval, as specified. Existing law requires a wildfire mitigation plan of an electrical corporation to include, among other things, protocols for deenergizing portions of the electrical distribution system that consider the associated impacts on public safety, as well as protocols related to mitigating the public safety impacts of those protocols, including impacts on critical first responders and on health and communications
infrastructure.
Existing law establishes an independent Public Advocate’s Office within the commission with the goal to obtain the lowest possible rate for service consistent with reliable and safe service levels.
This bill would require the commission, in consultation with the Public Advocate’s Office, on or before June 1, 2021, to establish a procedure for customers, local governments, and others affected by a deenergization event to recover costs accrued during the deenergization event from an electrical
corporation, within specified time periods. The bill would require an electrical corporation, on or before June 1, 2021, to establish a memorandum account to track expenses paid to customers, local governments, and others for claims resulting from a deenergization event. The bill would require the commission to establish rules to determine whether the expenses paid can be recovered from ratepayers. The bill would prohibit an electrical corporation from billing customers for any nonfixed costs during a deenergization event or from charging customers increased amounts after a deenergization event in order to offset losses accrued during a deenergization event. The bill would require, on or before June 1, 2021, that any profit accrued by an electrical
corporation,
due to a deenergization event that is determined by the commission to have been undertaken in an unreasonable or imprudent manner, be remitted or credited to its ratepayers, and that any loss be borne by the electrical corporation’s shareholders.
This bill would require an electrical corporation to provide notification of a pending deenergization event as early as possible to the cities and counties within its service territory and to other local governmental entities upon their request, and to share information relating to a deenergization event with local governmental entities, as specified.
This bill would require the commission to biennially produce a report on the economic, environmental, public health, and public safety impacts of deenergization events, using information provided by electrical corporations and independent analysis.
Existing law provides for the imposition of fines and civil penalties for the violation of the California Constitution, statutes, or an order, decision, or requirement of the commission
by a public utility.
If the commission determines that the electrical corporation failed to act in a reasonable and prudent manner in its implementation and execution of a deenergization event, this bill would provide that an electrical corporation is subject to a civil penalty of not less than
$250,000 per 50,000 affected customers for every hour that a deenergization event is in place, and would require that the penalty be borne exclusively by the electrical corporation’s shareholders.
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, when a penalty has not otherwise been provided.
Because the provisions of this bill would be a part of the act and would require action to be taken by the commission to implement its requirements, and because penalties are not provided for certain of the bill’s requirements, the bill would impose a state-mandated local program by creating a new crime.
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.
(a)Notwithstanding Section 1203, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any of the following persons:
(1)Any person who is convicted of violating Section 11351 of the Health and Safety Code by possessing for sale 14.25 grams or more of a substance containing heroin.
(2)Any person who is convicted of violating Section 11352 of the Health and Safety Code by selling or offering to sell 14.25 grams or more of a substance containing heroin.
(3)Any person convicted of violating Section 11351 of the Health and Safety Code by possessing heroin for sale or convicted of violating Section 11352 of the Health and Safety Code by selling or offering to sell heroin, and who has one or more prior convictions for violating Section 11351 or Section 11352 of the Health and Safety Code.
(4)Any person who is convicted of violating Section 11378.5 of the Health and Safety Code by possessing for sale 14.25 grams or more of any salt or solution of phencyclidine or any of its analogs as specified in paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or in paragraph (3) of subdivision (e) of Section 11055 of the Health and Safety Code, or any of the precursors of phencyclidine as specified in paragraph (2) of subdivision (f) of Section 11055 of the Health and Safety Code.
(5)Any person who is convicted of violating Section 11379.5 of the Health and Safety Code by transporting for sale, importing for sale, or administering, or offering to transport for sale, import for sale, or administer, or by attempting to import for sale or transport for sale, phencyclidine or any of its analogs or precursors.
(6)Any person who is convicted of violating Section 11379.5 of the Health and Safety Code by selling or offering to sell phencyclidine or any of its analogs or precursors.
(7)Any person who is convicted of violating Section 11379.6 of the Health and Safety Code by manufacturing or offering to perform an act involving the manufacture of phencyclidine or any of its analogs or precursors.
As used in this section “manufacture” refers to the act of any person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis.
(8)Any person who is convicted of violating Section 11380 of the Health and Safety Code by using, soliciting, inducing, encouraging, or intimidating a minor to act as an agent to manufacture, compound, or sell any controlled substance specified in subdivision (d) of Section 11054 of the Health and Safety Code, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), or specified in subdivision (d), (e), or (f) of Section 11055 of the Health and Safety Code, except paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f).
(9)Any person who is convicted of violating Section 11380.5 of the Health and Safety Code by the use of a minor as an agent or who solicits, induces, encourages, or intimidates a minor with the intent that the minor shall violate the provisions of Section 11378.5, 11379.5, or 11379.6 of the Health and Safety Code insofar as the violation relates to phencyclidine or any of its analogs or precursors.
(10)Any person who is convicted of violating subdivision (b) of Section 11383 of the Health and Safety Code by possessing piperidine, pyrrolidine, or morpholine, and cyclohexanone, with intent to manufacture phencyclidine or any of its analogs.
(11)Any person convicted of violating Section 11351, 11351.5, or 11378 of the Health and Safety Code by possessing for sale cocaine base, cocaine, or methamphetamine, or convicted of violating Section 11352 or 11379 of the Health and Safety Code, by selling or offering to sell cocaine base, cocaine, or methamphetamine and who has one or more convictions for violating Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, or 11379.5 of the Health and Safety Code. For purposes of prior convictions under Sections 11352, 11379, and 11379.5 of the Health and Safety Code, this subdivision shall not apply to the transportation, offering to transport, or attempting to transport a controlled substance.
(b)The existence of any fact which would make a person ineligible for probation under subdivision (a) shall be alleged in the information or indictment, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.
(a)A person convicted of a felony specified in subdivision (b) may be granted probation only in an unusual case where the interests of justice would best be served. When probation is granted in such a case, the court shall specify on the record and shall enter in the minutes the circumstances indicating that the interests of justice would best be served by such a disposition.
(b)Except as provided in subdivision (a), probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any of the following persons:
(1)Any person who is convicted of
violating Section 11351 or 11351.5 of the Health and Safety Code by possessing for sale, or Section 11352 of the Health and Safety Code by selling, a substance containing 28.5 grams or more of cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 of, or cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054 of, the Health and Safety Code, or 57 grams or more of a substance containing at least five grams of cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 of, or cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054 of, the Health and Safety Code.
(2)Any person who is convicted of violating Section 11378 of the Health and Safety Code by possessing for sale, or Section 11379 of the Health and Safety Code by selling a substance containing
28.5 grams or more of methamphetamine or 57 grams or more of a substance containing methamphetamine.
(3)Any person who is convicted of violating subdivision (a) of Section 11379.6 of the Health and Safety Code, except those who manufacture phencyclidine, or who is convicted of an act which is punishable under subdivision (b) of Section 11379.6 of the Health and Safety Code, except those who offer to perform an act which aids in the manufacture of phencyclidine.
(4)Except as otherwise provided in Section 1203.07, any person who is convicted of violating Section 11353 or 11380 of the Health and Safety Code by using, soliciting, inducing, encouraging, or intimidating a minor to manufacture, compound, or sell heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section
11054 of the Health and Safety Code, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 of the Health and Safety Code, or methamphetamine.
(5)Any person convicted of violating Section 11379.6, 11382, or 11383 of the Health and Safety Code with respect to methamphetamine, if he or she has one or more prior convictions for a violation of Section 11378, 11379, 11379.6, 11380, 11382, or 11383 of the Health and Safety Code with respect to methamphetamine.
(c)As used in this section, the term “manufacture” refers to the act of any person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis.
(d)The existence of any previous conviction or fact which would make a person ineligible for probation under this section shall be alleged in the information or indictment, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by a plea of guilty or nolo contendere or by trial by the court sitting without a jury.
(1)
(2) The person is subsequently adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an
(a)The commission shall direct each electrical corporation to submit an annual report to the Wildfire Safety Division and, after June 30, 2021, to the Office of Energy Infrastructure Safety,
that includes all of the following:
(1)The age, useful life, and condition of the electrical corporation’s equipment.
(2)For all equipment subject to inspection, the date of the most recent inspections.
(3)The maintenance records for the electrical corporation’s equipment.
(4)A list of the electrical corporation’s investments made in the preceding year to maintain and improve the operation of its transmission and distribution facilities.
(5)An assessment of the current and future fire and safety risk posed by the
equipment.
(b)The Wildfire Safety Division, or after June 30, 2021, the Office of Energy Infrastructure Safety, shall post each submitted report on its internet website.
(c)For purposes of this section, “deenergization event” has the same meaning as defined in Section 748.
(a)For purposes of this section, “deenergization event” means an intentional, temporary termination of electrical service to an area for the purpose of reducing or eliminating the risk of wildfires resulting from the operation of the electrical grid or related facilities.
(b)(1)On or before June 1, 2021, the commission, in consultation with the Public Advocate’s Office,
shall establish a procedure to do both of the following:
(A)To enable customers and others affected by a deenergization event to recover costs accrued during the deenergization event from an electrical corporation within the utility bill encompassing the dates of the event.
(B)To enable local governments affected by a deenergization event to recover costs accrued during the deenergization event from an electrical corporation within two weeks of billing the electrical corporation for those costs.
(2)Costs recoverable under this section may include, but are not limited to, assets, revenue, and wages lost as a direct result of a deenergization
event, medical bills, travel expenses, lodging costs, and other incidental expenses incurred as a direct result of a deenergization event, and local government planning and response activity costs directly related to a deenergization event.
(c)On or before June 1, 2021, the commission shall require an electrical corporation to establish a memorandum account to track expenses paid to customers, local governments, and others
for claims resulting from a deenergization event. The commission shall establish rules to determine whether the expenses paid can be recovered from ratepayers.
(d)An electrical corporation
shall not bill customers for any nonfixed costs during a deenergization event, including with the intent of subsequently reimbursing the customers, and shall not charge customers increased amounts after a deenergization event in order to offset losses accrued during a deenergization event.
(e)Beginning on or before June 1, 2021, the commission shall require any profit accrued by an electrical corporation due to a deenergization event that the commission determines to have been undertaken in an unreasonable or imprudent manner to be remitted or credited to its
ratepayers and any loss to be borne by the electrical corporation’s shareholders.
(a)An electrical corporation shall provide notification of a pending deenergization event as early as possible to the cities and counties within its service territory and to other local governmental entities upon their request.
(b)An electrical corporation shall share information relating to a deenergization event, including information relating to the duration, timing, and location of the deenergization event, impacted facilities, and affected
customers, with all local governmental entities within its service territory.
(c)An electrical corporation shall share location-specific information relating to a deenergization event, including information relating to the duration, timing, and location of the deenergization event, impacted facilities, and affected customers, with all local governmental entities with jurisdiction over that location.
(d)For purposes of this section, “deenergization event” has the same meaning as defined in Section 748.
The commission shall biennially produce a report on the economic, environmental, public health, and public safety impacts of deenergization events, using information provided by electrical corporations and independent analysis. For purposes of this section, “deenergization event” has the same meaning as defined in Section 748.
An electrical corporation is subject to a penalty of not less than two hundred fifty thousand dollars ($250,000) for every hour that a deenergization event is in place, multiplied by the sum of the number of full sets of 50,000 customers affected plus one for any
remainder, if the commission determines that the electrical corporation failed to act in a reasonable and prudent manner in its implementation and execution of the deenergization event. Penalties remitted pursuant to this section shall be borne exclusively by the electrical corporation’s shareholders. For purposes of this section, “deenergization event” has the same meaning as defined in Section 748.
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.