Amended IN Assembly September 03, 2019 Amended IN Assembly August 12, 2019 Amended IN Assembly July 11, 2019 Amended IN Assembly July 02, 2019 Amended IN Assembly June 12, 2019 Amended IN Senate April 29, 2019 Amended IN Senate March 14, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 247Introduced by Senator DoddFebruary 11, 2019 An act to add Section 4742 to the Public Resources Code, relating to wildland fire prevention. An act to amend Section 8386.3 of, and to add Section 8386.6 to, the Public Utilities Code, relating to wildland fire prevention.LEGISLATIVE COUNSEL'S DIGESTSB 247, as amended, Dodd. Wildland fire prevention: vegetation management.Existing law establishes the Wildfire Safety Division within the Public Utilities Commission to, among other things, oversee and enforce electrical corporations compliance with wildfire safety requirements. Existing law requires the division to approve or deny each wildfire mitigation plan and plan updates submitted by an electrical corporation.This bill would require an electrical corporation, within one month of the completion of each substantial portion of the vegetation management requirements in its wildfire mitigation plan, to notify the division of the completion. The bill would require the division to audit the completed work and would require the audit to specify any failure of the electrical corporation to fully comply with the vegetation management requirements. The bill would require the division to provide the audit to the electrical corporation and to provide the electrical corporation a reasonable time period to correct and eliminate deficiencies specified in the audit. The bill would authorize the division to engage an independent evaluator to conduct the audit. Within one year after the expiration of the time period to correct and eliminate deficiencies, the bill would require the independent evaluator to issue a report to the electrical corporation, the division, and the Safety and Enforcement Division of the commission specifically describing any failure of the electrical corporation to substantially comply with the vegetation management requirements.This bill would require each electrical corporation to notify the commission of the date when it projects that it will have spent, or incurred obligation to spend, its entire annual revenue requirement for vegetation management not less than 30 days before that date.This bill would specify the qualifications for electrical line clearance tree trimmers performing work to comply with the vegetation management requirements in an electrical corporations wildfire mitigation plan, and would require that qualified line clearance tree trimmers be paid a specified prevailing wage rate.Pursuant to existing law, the Department of Forestry and Fire Protection is responsible for fire protection in state responsibility areas and for the administration of the states private and public forests. Existing law grants the Public Utilities Commission regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law requires each electrical corporation, local publicly owned electric utility, and electrical cooperative to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. 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 that an electrical corporations wildfire mitigation plan include plans for vegetation management. Existing law requires the commission, at the time it approves each plan, to authorize the utility to establish a memorandum account to track costs incurred to implement the plan. Existing law requires the commission to oversee compliance with the approved plans.Existing law requires the commission and the department to enter into a memorandum of understanding to cooperatively develop consistent approaches and share data related to fire prevention, safety, vegetation management, and energy distribution systems and to share results from various fire prevention activities, including relevant inspections and fire ignition data. This bill would, on or after January 1, 2021, require an electrical corporation to notify the department after it completes all or a substantial portion of the vegetation management requirements in its wildfire mitigation plan. The bill would require the department, upon receiving notice from the electrical corporation, to promptly audit the work performed by, or on behalf of, the electrical corporation and to specify any failure of the electrical corporation to fully comply with the vegetation management requirements in its wildfire mitigation plan. The bill would provide that an electrical corporation would have a reasonable time to correct and eliminate any deficiency specified in the audit. The bill would require the department, after the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, to report to the electrical corporation and the Wildfire Safety Division of the commission specifically describing any failure of the electrical corporation to substantially comply with the vegetation management requirements in its wildfire mitigation plan. The bill would require, beginning July 1, 2021, when all functions of the Wildfire Safety Division are transferred to the Office of Energy Infrastructure Safety in the Natural Resources Agency, the department to issue the report to the electrical corporation, the Safety and Enforcement Division of the commission, and the Office of Energy Infrastructure Safety. The bill would require the report be made publicly available. The bill would require each electrical corporation to reimburse the department for its cost to carry out these functions with respect to that electrical corporation.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8386.3 of the Public Utilities Code is amended to read:8386.3. (a) The Wildfire Safety Division shall approve or deny each wildfire mitigation plan and update submitted by an electrical corporation within three months of its submission, unless the division makes a written determination, including reasons supporting the determination, that the three-month deadline cannot be met. Each electrical corporations approved plan shall remain in effect until the division approves the electrical corporations subsequent plan. The division shall consult with the Department of Forestry and Fire Protection on the review of each wildfire mitigation plan and update. In rendering its decision, the division shall consider comments submitted pursuant to subdivision (d) of Section 8386. Before approval, the division may require modifications of the plan. After approval by the division, the commission shall ratify the action of the division.(b) The Wildfire Safety Divisions approval of a plan does not establish a defense to any enforcement action for a violation of a commission decision, order, or rule.(c) Following approval of a wildfire mitigation plan, the Wildfire Safety Division shall oversee compliance with the plan consistent with the following:(1) Three months after the end of an electrical corporations initial compliance period as established by the Wildfire Safety Division pursuant to subdivision (b) of Section 8386, and annually thereafter, each electrical corporation shall file with the division a report addressing its compliance with the plan during the prior calendar year.(2) (A) Before March 1, 2021, and before each March 1 thereafter, the Wildfire Safety Division, in consultation with the Department of Forestry and Fire Protection, shall make available a list of qualified independent evaluators with experience in assessing the safe operation of electrical infrastructure.(B) (i) Each electrical corporation shall engage an independent evaluator listed pursuant to subparagraph (A) to review and assess the electrical corporations compliance with its plan. The engaged independent evaluator shall consult with, and operate under the direction of, the Wildfire Safety Division of the commission. The independent evaluator shall issue a report on July 1 of each year in which a report required by paragraph (1) is filed. As a part of the independent evaluators report, the independent evaluator shall determine whether the electrical corporation failed to fund any activities included in its plan.(ii) The Wildfire Safety Division shall consider the independent evaluators findings, but the independent evaluators findings are not binding on the division, except as otherwise specified.(iii) The independent evaluators findings shall be used by the Wildfire Safety Division to carry out its obligations under Article 1 (commencing with Section 451) of Chapter 3 of Part 1 of Division 1.(iv) The independent evaluators findings shall not apply to events that occurred before the initial plan is approved for the electrical corporation.(3) The commission shall authorize the electrical corporation to recover in rates the costs of the independent evaluator.(4) The Wildfire Safety Division shall complete its compliance review within 18 months after the submission of the electrical corporations compliance report.(5) (A) An electrical corporation shall notify the Wildfire Safety Division, within one month after it completes a substantial portion of the vegetation management requirements in its wildfire mitigation plan, of the completion. Upon receiving the notice from the electrical corporation, the division shall, consistent with its authority pursuant to paragraph (1) of subdivision (a) of Section 326, promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the vegetation management requirements in the wildfire mitigation plan. The division shall provide the audit to the electrical corporation. The electrical corporation shall have a reasonable time, as determined by the division, to correct and eliminate any deficiency specified in the audit.(B) The Wildfire Safety Division may engage its own independent evaluator, who shall be a certified arborist and shall have any other qualifications determined appropriate by the division, to conduct the audit specified in subparagraph (A). The independent evaluator shall consult with, and operate under the direction of, the division.(C) Within one year of the expiration of the time period for an electrical corporation to correct and eliminate any deficiency identified in the audit, the independent evaluator shall issue a report to the electrical corporation, the Wildfire Safety Division, and the Safety and Enforcement Division of the commission specifically describing any failure of the electrical corporation to substantially comply with the substantial portion of the vegetation management requirements in the electrical corporations wildfire mitigation plan. The report shall be made publicly available. The division shall include the report in its compliance review prepared pursuant to paragraph (4).(6) Each electrical corporation shall reimburse the Wildfire Safety Division for its costs to implement this section with respect to that electrical corporation.(d) An electrical corporation shall not divert revenues authorized to implement the plan to any activities or investments outside of the plan. An electrical corporation shall notify the commission by advice letter of the date when it projects that it will have spent, or incurred obligations to spend, its entire annual revenue requirement for vegetation management in its wildfire mitigation plan not less than 30 days before that date.(e) The commission shall not allow a large electrical corporation to include in its equity rate base its share, as determined pursuant to the Wildfire Fund allocation metric specified in Section 3280, of the first five billion dollars ($5,000,000,000) expended in aggregate by large electrical corporations on fire risk mitigation capital expenditures included in the electrical corporations approved wildfire mitigation plans. An electrical corporations share of the fire risk mitigation capital expenditures and the debt financing costs of these fire risk mitigation capital expenditures may be financed through a financing order pursuant to Section 851, 850.1 subject to the requirements of that financing order.(f) This section does not impose any liability on the Wildfire Safety Division regarding the performance of its duties.SEC. 2. Section 8386.6 is added to the Public Utilities Code, to read:8386.6. (a) All electrical line clearance tree trimmers performing work to comply with the vegetation management requirements in an electrical corporations wildfire mitigation plan shall be qualified line clearance tree trimmers, or trainees under the direct supervision and instruction of qualified line clearance tree trimmers, as provided in the High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations) of the Department of Industrial Relations.(b) All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.SECTION 1.This act shall be known, and may be cited, as the Wildfire Vegetation Safety and Accountability Act.SEC. 2.Section 4742 is added to the Public Resources Code, to read:4742.(a)(1)An electrical corporation shall notify the department after it completes all or a substantial portion of the vegetation management requirements in its wildfire mitigation plan approved by the Public Utilities Commission pursuant to Section 8386 of the Public Utilities Code. Upon receiving notice from the electrical corporation, the department shall promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the vegetation management requirements in the wildfire mitigation plan and the department shall provide that specification to the electrical corporation. The electrical corporation shall have a reasonable time to correct and eliminate any deficiency specified in the audit.(2)After the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, the department shall issue a report to the electrical corporation and the Wildfire Safety Division of the Public Utilities Commission specifically describing any failure of the electrical corporation to substantially comply with the vegetation management requirements in its wildfire mitigation plan. After the functions of the Wildfire Safety Division are transferred to the Office of Energy Infrastructure Safety in the Natural Resources Agency, effective July 1, 2021, pursuant to subdivision (b) of Section 326 of the Public Utilities Code, the department shall issue the report to the electrical corporation, the Safety and Enforcement Division of the Public Utilities Commission, and the Office of Energy Infrastructure Safety in the Natural Resources Agency. The report shall be made publicly available.(3)This subdivision does not impose any liability on the department regarding the performance of the audit.(b)(1)All electrical line clearance tree trimmers performing work to comply with the vegetation management requirements in an electrical corporations wildfire mitigation plan shall be qualified line clearance tree trimmers or trainees under the direct supervision and instruction of qualified line clearance tree trimmers as provided in the Department of Industrial Relations High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations).(2)All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.(c)An electrical corporation shall notify the Public Utilities Commission by advice letter not less than 30 days prior to the time when it projects that it will have spent, or incurred obligations to spend, its entire annual revenue requirement for vegetation management, as established by the commission.(d)Each electrical corporation shall reimburse the department for its cost to carry out this section with respect to that electrical corporation.(e)This section shall become operative on January 1, 2021.
Amended IN Assembly September 03, 2019 Amended IN Assembly August 12, 2019 Amended IN Assembly July 11, 2019 Amended IN Assembly July 02, 2019 Amended IN Assembly June 12, 2019 Amended IN Senate April 29, 2019 Amended IN Senate March 14, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 247Introduced by Senator DoddFebruary 11, 2019 An act to add Section 4742 to the Public Resources Code, relating to wildland fire prevention. An act to amend Section 8386.3 of, and to add Section 8386.6 to, the Public Utilities Code, relating to wildland fire prevention.LEGISLATIVE COUNSEL'S DIGESTSB 247, as amended, Dodd. Wildland fire prevention: vegetation management.Existing law establishes the Wildfire Safety Division within the Public Utilities Commission to, among other things, oversee and enforce electrical corporations compliance with wildfire safety requirements. Existing law requires the division to approve or deny each wildfire mitigation plan and plan updates submitted by an electrical corporation.This bill would require an electrical corporation, within one month of the completion of each substantial portion of the vegetation management requirements in its wildfire mitigation plan, to notify the division of the completion. The bill would require the division to audit the completed work and would require the audit to specify any failure of the electrical corporation to fully comply with the vegetation management requirements. The bill would require the division to provide the audit to the electrical corporation and to provide the electrical corporation a reasonable time period to correct and eliminate deficiencies specified in the audit. The bill would authorize the division to engage an independent evaluator to conduct the audit. Within one year after the expiration of the time period to correct and eliminate deficiencies, the bill would require the independent evaluator to issue a report to the electrical corporation, the division, and the Safety and Enforcement Division of the commission specifically describing any failure of the electrical corporation to substantially comply with the vegetation management requirements.This bill would require each electrical corporation to notify the commission of the date when it projects that it will have spent, or incurred obligation to spend, its entire annual revenue requirement for vegetation management not less than 30 days before that date.This bill would specify the qualifications for electrical line clearance tree trimmers performing work to comply with the vegetation management requirements in an electrical corporations wildfire mitigation plan, and would require that qualified line clearance tree trimmers be paid a specified prevailing wage rate.Pursuant to existing law, the Department of Forestry and Fire Protection is responsible for fire protection in state responsibility areas and for the administration of the states private and public forests. Existing law grants the Public Utilities Commission regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law requires each electrical corporation, local publicly owned electric utility, and electrical cooperative to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. 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 that an electrical corporations wildfire mitigation plan include plans for vegetation management. Existing law requires the commission, at the time it approves each plan, to authorize the utility to establish a memorandum account to track costs incurred to implement the plan. Existing law requires the commission to oversee compliance with the approved plans.Existing law requires the commission and the department to enter into a memorandum of understanding to cooperatively develop consistent approaches and share data related to fire prevention, safety, vegetation management, and energy distribution systems and to share results from various fire prevention activities, including relevant inspections and fire ignition data. This bill would, on or after January 1, 2021, require an electrical corporation to notify the department after it completes all or a substantial portion of the vegetation management requirements in its wildfire mitigation plan. The bill would require the department, upon receiving notice from the electrical corporation, to promptly audit the work performed by, or on behalf of, the electrical corporation and to specify any failure of the electrical corporation to fully comply with the vegetation management requirements in its wildfire mitigation plan. The bill would provide that an electrical corporation would have a reasonable time to correct and eliminate any deficiency specified in the audit. The bill would require the department, after the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, to report to the electrical corporation and the Wildfire Safety Division of the commission specifically describing any failure of the electrical corporation to substantially comply with the vegetation management requirements in its wildfire mitigation plan. The bill would require, beginning July 1, 2021, when all functions of the Wildfire Safety Division are transferred to the Office of Energy Infrastructure Safety in the Natural Resources Agency, the department to issue the report to the electrical corporation, the Safety and Enforcement Division of the commission, and the Office of Energy Infrastructure Safety. The bill would require the report be made publicly available. The bill would require each electrical corporation to reimburse the department for its cost to carry out these functions with respect to that electrical corporation.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly September 03, 2019 Amended IN Assembly August 12, 2019 Amended IN Assembly July 11, 2019 Amended IN Assembly July 02, 2019 Amended IN Assembly June 12, 2019 Amended IN Senate April 29, 2019 Amended IN Senate March 14, 2019
Amended IN Assembly September 03, 2019
Amended IN Assembly August 12, 2019
Amended IN Assembly July 11, 2019
Amended IN Assembly July 02, 2019
Amended IN Assembly June 12, 2019
Amended IN Senate April 29, 2019
Amended IN Senate March 14, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill
No. 247
Introduced by Senator DoddFebruary 11, 2019
Introduced by Senator Dodd
February 11, 2019
An act to add Section 4742 to the Public Resources Code, relating to wildland fire prevention. An act to amend Section 8386.3 of, and to add Section 8386.6 to, the Public Utilities Code, relating to wildland fire prevention.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 247, as amended, Dodd. Wildland fire prevention: vegetation management.
Existing law establishes the Wildfire Safety Division within the Public Utilities Commission to, among other things, oversee and enforce electrical corporations compliance with wildfire safety requirements. Existing law requires the division to approve or deny each wildfire mitigation plan and plan updates submitted by an electrical corporation.This bill would require an electrical corporation, within one month of the completion of each substantial portion of the vegetation management requirements in its wildfire mitigation plan, to notify the division of the completion. The bill would require the division to audit the completed work and would require the audit to specify any failure of the electrical corporation to fully comply with the vegetation management requirements. The bill would require the division to provide the audit to the electrical corporation and to provide the electrical corporation a reasonable time period to correct and eliminate deficiencies specified in the audit. The bill would authorize the division to engage an independent evaluator to conduct the audit. Within one year after the expiration of the time period to correct and eliminate deficiencies, the bill would require the independent evaluator to issue a report to the electrical corporation, the division, and the Safety and Enforcement Division of the commission specifically describing any failure of the electrical corporation to substantially comply with the vegetation management requirements.This bill would require each electrical corporation to notify the commission of the date when it projects that it will have spent, or incurred obligation to spend, its entire annual revenue requirement for vegetation management not less than 30 days before that date.This bill would specify the qualifications for electrical line clearance tree trimmers performing work to comply with the vegetation management requirements in an electrical corporations wildfire mitigation plan, and would require that qualified line clearance tree trimmers be paid a specified prevailing wage rate.Pursuant to existing law, the Department of Forestry and Fire Protection is responsible for fire protection in state responsibility areas and for the administration of the states private and public forests. Existing law grants the Public Utilities Commission regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law requires each electrical corporation, local publicly owned electric utility, and electrical cooperative to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. 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 that an electrical corporations wildfire mitigation plan include plans for vegetation management. Existing law requires the commission, at the time it approves each plan, to authorize the utility to establish a memorandum account to track costs incurred to implement the plan. Existing law requires the commission to oversee compliance with the approved plans.Existing law requires the commission and the department to enter into a memorandum of understanding to cooperatively develop consistent approaches and share data related to fire prevention, safety, vegetation management, and energy distribution systems and to share results from various fire prevention activities, including relevant inspections and fire ignition data. This bill would, on or after January 1, 2021, require an electrical corporation to notify the department after it completes all or a substantial portion of the vegetation management requirements in its wildfire mitigation plan. The bill would require the department, upon receiving notice from the electrical corporation, to promptly audit the work performed by, or on behalf of, the electrical corporation and to specify any failure of the electrical corporation to fully comply with the vegetation management requirements in its wildfire mitigation plan. The bill would provide that an electrical corporation would have a reasonable time to correct and eliminate any deficiency specified in the audit. The bill would require the department, after the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, to report to the electrical corporation and the Wildfire Safety Division of the commission specifically describing any failure of the electrical corporation to substantially comply with the vegetation management requirements in its wildfire mitigation plan. The bill would require, beginning July 1, 2021, when all functions of the Wildfire Safety Division are transferred to the Office of Energy Infrastructure Safety in the Natural Resources Agency, the department to issue the report to the electrical corporation, the Safety and Enforcement Division of the commission, and the Office of Energy Infrastructure Safety. The bill would require the report be made publicly available. The bill would require each electrical corporation to reimburse the department for its cost to carry out these functions with respect to that electrical corporation.
Existing law establishes the Wildfire Safety Division within the Public Utilities Commission to, among other things, oversee and enforce electrical corporations compliance with wildfire safety requirements. Existing law requires the division to approve or deny each wildfire mitigation plan and plan updates submitted by an electrical corporation.
This bill would require an electrical corporation, within one month of the completion of each substantial portion of the vegetation management requirements in its wildfire mitigation plan, to notify the division of the completion. The bill would require the division to audit the completed work and would require the audit to specify any failure of the electrical corporation to fully comply with the vegetation management requirements. The bill would require the division to provide the audit to the electrical corporation and to provide the electrical corporation a reasonable time period to correct and eliminate deficiencies specified in the audit. The bill would authorize the division to engage an independent evaluator to conduct the audit. Within one year after the expiration of the time period to correct and eliminate deficiencies, the bill would require the independent evaluator to issue a report to the electrical corporation, the division, and the Safety and Enforcement Division of the commission specifically describing any failure of the electrical corporation to substantially comply with the vegetation management requirements.
This bill would require each electrical corporation to notify the commission of the date when it projects that it will have spent, or incurred obligation to spend, its entire annual revenue requirement for vegetation management not less than 30 days before that date.
This bill would specify the qualifications for electrical line clearance tree trimmers performing work to comply with the vegetation management requirements in an electrical corporations wildfire mitigation plan, and would require that qualified line clearance tree trimmers be paid a specified prevailing wage rate.
Pursuant to existing law, the Department of Forestry and Fire Protection is responsible for fire protection in state responsibility areas and for the administration of the states private and public forests. Existing law grants the Public Utilities Commission regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law requires each electrical corporation, local publicly owned electric utility, and electrical cooperative to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. 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 that an electrical corporations wildfire mitigation plan include plans for vegetation management. Existing law requires the commission, at the time it approves each plan, to authorize the utility to establish a memorandum account to track costs incurred to implement the plan. Existing law requires the commission to oversee compliance with the approved plans.
Existing law requires the commission and the department to enter into a memorandum of understanding to cooperatively develop consistent approaches and share data related to fire prevention, safety, vegetation management, and energy distribution systems and to share results from various fire prevention activities, including relevant inspections and fire ignition data.
This bill would, on or after January 1, 2021, require an electrical corporation to notify the department after it completes all or a substantial portion of the vegetation management requirements in its wildfire mitigation plan. The bill would require the department, upon receiving notice from the electrical corporation, to promptly audit the work performed by, or on behalf of, the electrical corporation and to specify any failure of the electrical corporation to fully comply with the vegetation management requirements in its wildfire mitigation plan. The bill would provide that an electrical corporation would have a reasonable time to correct and eliminate any deficiency specified in the audit. The bill would require the department, after the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, to report to the electrical corporation and the Wildfire Safety Division of the commission specifically describing any failure of the electrical corporation to substantially comply with the vegetation management requirements in its wildfire mitigation plan. The bill would require, beginning July 1, 2021, when all functions of the Wildfire Safety Division are transferred to the Office of Energy Infrastructure Safety in the Natural Resources Agency, the department to issue the report to the electrical corporation, the Safety and Enforcement Division of the commission, and the Office of Energy Infrastructure Safety. The bill would require the report be made publicly available. The bill would require each electrical corporation to reimburse the department for its cost to carry out these functions with respect to that electrical corporation.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 8386.3 of the Public Utilities Code is amended to read:8386.3. (a) The Wildfire Safety Division shall approve or deny each wildfire mitigation plan and update submitted by an electrical corporation within three months of its submission, unless the division makes a written determination, including reasons supporting the determination, that the three-month deadline cannot be met. Each electrical corporations approved plan shall remain in effect until the division approves the electrical corporations subsequent plan. The division shall consult with the Department of Forestry and Fire Protection on the review of each wildfire mitigation plan and update. In rendering its decision, the division shall consider comments submitted pursuant to subdivision (d) of Section 8386. Before approval, the division may require modifications of the plan. After approval by the division, the commission shall ratify the action of the division.(b) The Wildfire Safety Divisions approval of a plan does not establish a defense to any enforcement action for a violation of a commission decision, order, or rule.(c) Following approval of a wildfire mitigation plan, the Wildfire Safety Division shall oversee compliance with the plan consistent with the following:(1) Three months after the end of an electrical corporations initial compliance period as established by the Wildfire Safety Division pursuant to subdivision (b) of Section 8386, and annually thereafter, each electrical corporation shall file with the division a report addressing its compliance with the plan during the prior calendar year.(2) (A) Before March 1, 2021, and before each March 1 thereafter, the Wildfire Safety Division, in consultation with the Department of Forestry and Fire Protection, shall make available a list of qualified independent evaluators with experience in assessing the safe operation of electrical infrastructure.(B) (i) Each electrical corporation shall engage an independent evaluator listed pursuant to subparagraph (A) to review and assess the electrical corporations compliance with its plan. The engaged independent evaluator shall consult with, and operate under the direction of, the Wildfire Safety Division of the commission. The independent evaluator shall issue a report on July 1 of each year in which a report required by paragraph (1) is filed. As a part of the independent evaluators report, the independent evaluator shall determine whether the electrical corporation failed to fund any activities included in its plan.(ii) The Wildfire Safety Division shall consider the independent evaluators findings, but the independent evaluators findings are not binding on the division, except as otherwise specified.(iii) The independent evaluators findings shall be used by the Wildfire Safety Division to carry out its obligations under Article 1 (commencing with Section 451) of Chapter 3 of Part 1 of Division 1.(iv) The independent evaluators findings shall not apply to events that occurred before the initial plan is approved for the electrical corporation.(3) The commission shall authorize the electrical corporation to recover in rates the costs of the independent evaluator.(4) The Wildfire Safety Division shall complete its compliance review within 18 months after the submission of the electrical corporations compliance report.(5) (A) An electrical corporation shall notify the Wildfire Safety Division, within one month after it completes a substantial portion of the vegetation management requirements in its wildfire mitigation plan, of the completion. Upon receiving the notice from the electrical corporation, the division shall, consistent with its authority pursuant to paragraph (1) of subdivision (a) of Section 326, promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the vegetation management requirements in the wildfire mitigation plan. The division shall provide the audit to the electrical corporation. The electrical corporation shall have a reasonable time, as determined by the division, to correct and eliminate any deficiency specified in the audit.(B) The Wildfire Safety Division may engage its own independent evaluator, who shall be a certified arborist and shall have any other qualifications determined appropriate by the division, to conduct the audit specified in subparagraph (A). The independent evaluator shall consult with, and operate under the direction of, the division.(C) Within one year of the expiration of the time period for an electrical corporation to correct and eliminate any deficiency identified in the audit, the independent evaluator shall issue a report to the electrical corporation, the Wildfire Safety Division, and the Safety and Enforcement Division of the commission specifically describing any failure of the electrical corporation to substantially comply with the substantial portion of the vegetation management requirements in the electrical corporations wildfire mitigation plan. The report shall be made publicly available. The division shall include the report in its compliance review prepared pursuant to paragraph (4).(6) Each electrical corporation shall reimburse the Wildfire Safety Division for its costs to implement this section with respect to that electrical corporation.(d) An electrical corporation shall not divert revenues authorized to implement the plan to any activities or investments outside of the plan. An electrical corporation shall notify the commission by advice letter of the date when it projects that it will have spent, or incurred obligations to spend, its entire annual revenue requirement for vegetation management in its wildfire mitigation plan not less than 30 days before that date.(e) The commission shall not allow a large electrical corporation to include in its equity rate base its share, as determined pursuant to the Wildfire Fund allocation metric specified in Section 3280, of the first five billion dollars ($5,000,000,000) expended in aggregate by large electrical corporations on fire risk mitigation capital expenditures included in the electrical corporations approved wildfire mitigation plans. An electrical corporations share of the fire risk mitigation capital expenditures and the debt financing costs of these fire risk mitigation capital expenditures may be financed through a financing order pursuant to Section 851, 850.1 subject to the requirements of that financing order.(f) This section does not impose any liability on the Wildfire Safety Division regarding the performance of its duties.SEC. 2. Section 8386.6 is added to the Public Utilities Code, to read:8386.6. (a) All electrical line clearance tree trimmers performing work to comply with the vegetation management requirements in an electrical corporations wildfire mitigation plan shall be qualified line clearance tree trimmers, or trainees under the direct supervision and instruction of qualified line clearance tree trimmers, as provided in the High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations) of the Department of Industrial Relations.(b) All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.SECTION 1.This act shall be known, and may be cited, as the Wildfire Vegetation Safety and Accountability Act.SEC. 2.Section 4742 is added to the Public Resources Code, to read:4742.(a)(1)An electrical corporation shall notify the department after it completes all or a substantial portion of the vegetation management requirements in its wildfire mitigation plan approved by the Public Utilities Commission pursuant to Section 8386 of the Public Utilities Code. Upon receiving notice from the electrical corporation, the department shall promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the vegetation management requirements in the wildfire mitigation plan and the department shall provide that specification to the electrical corporation. The electrical corporation shall have a reasonable time to correct and eliminate any deficiency specified in the audit.(2)After the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, the department shall issue a report to the electrical corporation and the Wildfire Safety Division of the Public Utilities Commission specifically describing any failure of the electrical corporation to substantially comply with the vegetation management requirements in its wildfire mitigation plan. After the functions of the Wildfire Safety Division are transferred to the Office of Energy Infrastructure Safety in the Natural Resources Agency, effective July 1, 2021, pursuant to subdivision (b) of Section 326 of the Public Utilities Code, the department shall issue the report to the electrical corporation, the Safety and Enforcement Division of the Public Utilities Commission, and the Office of Energy Infrastructure Safety in the Natural Resources Agency. The report shall be made publicly available.(3)This subdivision does not impose any liability on the department regarding the performance of the audit.(b)(1)All electrical line clearance tree trimmers performing work to comply with the vegetation management requirements in an electrical corporations wildfire mitigation plan shall be qualified line clearance tree trimmers or trainees under the direct supervision and instruction of qualified line clearance tree trimmers as provided in the Department of Industrial Relations High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations).(2)All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.(c)An electrical corporation shall notify the Public Utilities Commission by advice letter not less than 30 days prior to the time when it projects that it will have spent, or incurred obligations to spend, its entire annual revenue requirement for vegetation management, as established by the commission.(d)Each electrical corporation shall reimburse the department for its cost to carry out this section with respect to that electrical corporation.(e)This section shall become operative on January 1, 2021.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 8386.3 of the Public Utilities Code is amended to read:8386.3. (a) The Wildfire Safety Division shall approve or deny each wildfire mitigation plan and update submitted by an electrical corporation within three months of its submission, unless the division makes a written determination, including reasons supporting the determination, that the three-month deadline cannot be met. Each electrical corporations approved plan shall remain in effect until the division approves the electrical corporations subsequent plan. The division shall consult with the Department of Forestry and Fire Protection on the review of each wildfire mitigation plan and update. In rendering its decision, the division shall consider comments submitted pursuant to subdivision (d) of Section 8386. Before approval, the division may require modifications of the plan. After approval by the division, the commission shall ratify the action of the division.(b) The Wildfire Safety Divisions approval of a plan does not establish a defense to any enforcement action for a violation of a commission decision, order, or rule.(c) Following approval of a wildfire mitigation plan, the Wildfire Safety Division shall oversee compliance with the plan consistent with the following:(1) Three months after the end of an electrical corporations initial compliance period as established by the Wildfire Safety Division pursuant to subdivision (b) of Section 8386, and annually thereafter, each electrical corporation shall file with the division a report addressing its compliance with the plan during the prior calendar year.(2) (A) Before March 1, 2021, and before each March 1 thereafter, the Wildfire Safety Division, in consultation with the Department of Forestry and Fire Protection, shall make available a list of qualified independent evaluators with experience in assessing the safe operation of electrical infrastructure.(B) (i) Each electrical corporation shall engage an independent evaluator listed pursuant to subparagraph (A) to review and assess the electrical corporations compliance with its plan. The engaged independent evaluator shall consult with, and operate under the direction of, the Wildfire Safety Division of the commission. The independent evaluator shall issue a report on July 1 of each year in which a report required by paragraph (1) is filed. As a part of the independent evaluators report, the independent evaluator shall determine whether the electrical corporation failed to fund any activities included in its plan.(ii) The Wildfire Safety Division shall consider the independent evaluators findings, but the independent evaluators findings are not binding on the division, except as otherwise specified.(iii) The independent evaluators findings shall be used by the Wildfire Safety Division to carry out its obligations under Article 1 (commencing with Section 451) of Chapter 3 of Part 1 of Division 1.(iv) The independent evaluators findings shall not apply to events that occurred before the initial plan is approved for the electrical corporation.(3) The commission shall authorize the electrical corporation to recover in rates the costs of the independent evaluator.(4) The Wildfire Safety Division shall complete its compliance review within 18 months after the submission of the electrical corporations compliance report.(5) (A) An electrical corporation shall notify the Wildfire Safety Division, within one month after it completes a substantial portion of the vegetation management requirements in its wildfire mitigation plan, of the completion. Upon receiving the notice from the electrical corporation, the division shall, consistent with its authority pursuant to paragraph (1) of subdivision (a) of Section 326, promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the vegetation management requirements in the wildfire mitigation plan. The division shall provide the audit to the electrical corporation. The electrical corporation shall have a reasonable time, as determined by the division, to correct and eliminate any deficiency specified in the audit.(B) The Wildfire Safety Division may engage its own independent evaluator, who shall be a certified arborist and shall have any other qualifications determined appropriate by the division, to conduct the audit specified in subparagraph (A). The independent evaluator shall consult with, and operate under the direction of, the division.(C) Within one year of the expiration of the time period for an electrical corporation to correct and eliminate any deficiency identified in the audit, the independent evaluator shall issue a report to the electrical corporation, the Wildfire Safety Division, and the Safety and Enforcement Division of the commission specifically describing any failure of the electrical corporation to substantially comply with the substantial portion of the vegetation management requirements in the electrical corporations wildfire mitigation plan. The report shall be made publicly available. The division shall include the report in its compliance review prepared pursuant to paragraph (4).(6) Each electrical corporation shall reimburse the Wildfire Safety Division for its costs to implement this section with respect to that electrical corporation.(d) An electrical corporation shall not divert revenues authorized to implement the plan to any activities or investments outside of the plan. An electrical corporation shall notify the commission by advice letter of the date when it projects that it will have spent, or incurred obligations to spend, its entire annual revenue requirement for vegetation management in its wildfire mitigation plan not less than 30 days before that date.(e) The commission shall not allow a large electrical corporation to include in its equity rate base its share, as determined pursuant to the Wildfire Fund allocation metric specified in Section 3280, of the first five billion dollars ($5,000,000,000) expended in aggregate by large electrical corporations on fire risk mitigation capital expenditures included in the electrical corporations approved wildfire mitigation plans. An electrical corporations share of the fire risk mitigation capital expenditures and the debt financing costs of these fire risk mitigation capital expenditures may be financed through a financing order pursuant to Section 851, 850.1 subject to the requirements of that financing order.(f) This section does not impose any liability on the Wildfire Safety Division regarding the performance of its duties.
SECTION 1. Section 8386.3 of the Public Utilities Code is amended to read:
### SECTION 1.
8386.3. (a) The Wildfire Safety Division shall approve or deny each wildfire mitigation plan and update submitted by an electrical corporation within three months of its submission, unless the division makes a written determination, including reasons supporting the determination, that the three-month deadline cannot be met. Each electrical corporations approved plan shall remain in effect until the division approves the electrical corporations subsequent plan. The division shall consult with the Department of Forestry and Fire Protection on the review of each wildfire mitigation plan and update. In rendering its decision, the division shall consider comments submitted pursuant to subdivision (d) of Section 8386. Before approval, the division may require modifications of the plan. After approval by the division, the commission shall ratify the action of the division.(b) The Wildfire Safety Divisions approval of a plan does not establish a defense to any enforcement action for a violation of a commission decision, order, or rule.(c) Following approval of a wildfire mitigation plan, the Wildfire Safety Division shall oversee compliance with the plan consistent with the following:(1) Three months after the end of an electrical corporations initial compliance period as established by the Wildfire Safety Division pursuant to subdivision (b) of Section 8386, and annually thereafter, each electrical corporation shall file with the division a report addressing its compliance with the plan during the prior calendar year.(2) (A) Before March 1, 2021, and before each March 1 thereafter, the Wildfire Safety Division, in consultation with the Department of Forestry and Fire Protection, shall make available a list of qualified independent evaluators with experience in assessing the safe operation of electrical infrastructure.(B) (i) Each electrical corporation shall engage an independent evaluator listed pursuant to subparagraph (A) to review and assess the electrical corporations compliance with its plan. The engaged independent evaluator shall consult with, and operate under the direction of, the Wildfire Safety Division of the commission. The independent evaluator shall issue a report on July 1 of each year in which a report required by paragraph (1) is filed. As a part of the independent evaluators report, the independent evaluator shall determine whether the electrical corporation failed to fund any activities included in its plan.(ii) The Wildfire Safety Division shall consider the independent evaluators findings, but the independent evaluators findings are not binding on the division, except as otherwise specified.(iii) The independent evaluators findings shall be used by the Wildfire Safety Division to carry out its obligations under Article 1 (commencing with Section 451) of Chapter 3 of Part 1 of Division 1.(iv) The independent evaluators findings shall not apply to events that occurred before the initial plan is approved for the electrical corporation.(3) The commission shall authorize the electrical corporation to recover in rates the costs of the independent evaluator.(4) The Wildfire Safety Division shall complete its compliance review within 18 months after the submission of the electrical corporations compliance report.(5) (A) An electrical corporation shall notify the Wildfire Safety Division, within one month after it completes a substantial portion of the vegetation management requirements in its wildfire mitigation plan, of the completion. Upon receiving the notice from the electrical corporation, the division shall, consistent with its authority pursuant to paragraph (1) of subdivision (a) of Section 326, promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the vegetation management requirements in the wildfire mitigation plan. The division shall provide the audit to the electrical corporation. The electrical corporation shall have a reasonable time, as determined by the division, to correct and eliminate any deficiency specified in the audit.(B) The Wildfire Safety Division may engage its own independent evaluator, who shall be a certified arborist and shall have any other qualifications determined appropriate by the division, to conduct the audit specified in subparagraph (A). The independent evaluator shall consult with, and operate under the direction of, the division.(C) Within one year of the expiration of the time period for an electrical corporation to correct and eliminate any deficiency identified in the audit, the independent evaluator shall issue a report to the electrical corporation, the Wildfire Safety Division, and the Safety and Enforcement Division of the commission specifically describing any failure of the electrical corporation to substantially comply with the substantial portion of the vegetation management requirements in the electrical corporations wildfire mitigation plan. The report shall be made publicly available. The division shall include the report in its compliance review prepared pursuant to paragraph (4).(6) Each electrical corporation shall reimburse the Wildfire Safety Division for its costs to implement this section with respect to that electrical corporation.(d) An electrical corporation shall not divert revenues authorized to implement the plan to any activities or investments outside of the plan. An electrical corporation shall notify the commission by advice letter of the date when it projects that it will have spent, or incurred obligations to spend, its entire annual revenue requirement for vegetation management in its wildfire mitigation plan not less than 30 days before that date.(e) The commission shall not allow a large electrical corporation to include in its equity rate base its share, as determined pursuant to the Wildfire Fund allocation metric specified in Section 3280, of the first five billion dollars ($5,000,000,000) expended in aggregate by large electrical corporations on fire risk mitigation capital expenditures included in the electrical corporations approved wildfire mitigation plans. An electrical corporations share of the fire risk mitigation capital expenditures and the debt financing costs of these fire risk mitigation capital expenditures may be financed through a financing order pursuant to Section 851, 850.1 subject to the requirements of that financing order.(f) This section does not impose any liability on the Wildfire Safety Division regarding the performance of its duties.
8386.3. (a) The Wildfire Safety Division shall approve or deny each wildfire mitigation plan and update submitted by an electrical corporation within three months of its submission, unless the division makes a written determination, including reasons supporting the determination, that the three-month deadline cannot be met. Each electrical corporations approved plan shall remain in effect until the division approves the electrical corporations subsequent plan. The division shall consult with the Department of Forestry and Fire Protection on the review of each wildfire mitigation plan and update. In rendering its decision, the division shall consider comments submitted pursuant to subdivision (d) of Section 8386. Before approval, the division may require modifications of the plan. After approval by the division, the commission shall ratify the action of the division.(b) The Wildfire Safety Divisions approval of a plan does not establish a defense to any enforcement action for a violation of a commission decision, order, or rule.(c) Following approval of a wildfire mitigation plan, the Wildfire Safety Division shall oversee compliance with the plan consistent with the following:(1) Three months after the end of an electrical corporations initial compliance period as established by the Wildfire Safety Division pursuant to subdivision (b) of Section 8386, and annually thereafter, each electrical corporation shall file with the division a report addressing its compliance with the plan during the prior calendar year.(2) (A) Before March 1, 2021, and before each March 1 thereafter, the Wildfire Safety Division, in consultation with the Department of Forestry and Fire Protection, shall make available a list of qualified independent evaluators with experience in assessing the safe operation of electrical infrastructure.(B) (i) Each electrical corporation shall engage an independent evaluator listed pursuant to subparagraph (A) to review and assess the electrical corporations compliance with its plan. The engaged independent evaluator shall consult with, and operate under the direction of, the Wildfire Safety Division of the commission. The independent evaluator shall issue a report on July 1 of each year in which a report required by paragraph (1) is filed. As a part of the independent evaluators report, the independent evaluator shall determine whether the electrical corporation failed to fund any activities included in its plan.(ii) The Wildfire Safety Division shall consider the independent evaluators findings, but the independent evaluators findings are not binding on the division, except as otherwise specified.(iii) The independent evaluators findings shall be used by the Wildfire Safety Division to carry out its obligations under Article 1 (commencing with Section 451) of Chapter 3 of Part 1 of Division 1.(iv) The independent evaluators findings shall not apply to events that occurred before the initial plan is approved for the electrical corporation.(3) The commission shall authorize the electrical corporation to recover in rates the costs of the independent evaluator.(4) The Wildfire Safety Division shall complete its compliance review within 18 months after the submission of the electrical corporations compliance report.(5) (A) An electrical corporation shall notify the Wildfire Safety Division, within one month after it completes a substantial portion of the vegetation management requirements in its wildfire mitigation plan, of the completion. Upon receiving the notice from the electrical corporation, the division shall, consistent with its authority pursuant to paragraph (1) of subdivision (a) of Section 326, promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the vegetation management requirements in the wildfire mitigation plan. The division shall provide the audit to the electrical corporation. The electrical corporation shall have a reasonable time, as determined by the division, to correct and eliminate any deficiency specified in the audit.(B) The Wildfire Safety Division may engage its own independent evaluator, who shall be a certified arborist and shall have any other qualifications determined appropriate by the division, to conduct the audit specified in subparagraph (A). The independent evaluator shall consult with, and operate under the direction of, the division.(C) Within one year of the expiration of the time period for an electrical corporation to correct and eliminate any deficiency identified in the audit, the independent evaluator shall issue a report to the electrical corporation, the Wildfire Safety Division, and the Safety and Enforcement Division of the commission specifically describing any failure of the electrical corporation to substantially comply with the substantial portion of the vegetation management requirements in the electrical corporations wildfire mitigation plan. The report shall be made publicly available. The division shall include the report in its compliance review prepared pursuant to paragraph (4).(6) Each electrical corporation shall reimburse the Wildfire Safety Division for its costs to implement this section with respect to that electrical corporation.(d) An electrical corporation shall not divert revenues authorized to implement the plan to any activities or investments outside of the plan. An electrical corporation shall notify the commission by advice letter of the date when it projects that it will have spent, or incurred obligations to spend, its entire annual revenue requirement for vegetation management in its wildfire mitigation plan not less than 30 days before that date.(e) The commission shall not allow a large electrical corporation to include in its equity rate base its share, as determined pursuant to the Wildfire Fund allocation metric specified in Section 3280, of the first five billion dollars ($5,000,000,000) expended in aggregate by large electrical corporations on fire risk mitigation capital expenditures included in the electrical corporations approved wildfire mitigation plans. An electrical corporations share of the fire risk mitigation capital expenditures and the debt financing costs of these fire risk mitigation capital expenditures may be financed through a financing order pursuant to Section 851, 850.1 subject to the requirements of that financing order.(f) This section does not impose any liability on the Wildfire Safety Division regarding the performance of its duties.
8386.3. (a) The Wildfire Safety Division shall approve or deny each wildfire mitigation plan and update submitted by an electrical corporation within three months of its submission, unless the division makes a written determination, including reasons supporting the determination, that the three-month deadline cannot be met. Each electrical corporations approved plan shall remain in effect until the division approves the electrical corporations subsequent plan. The division shall consult with the Department of Forestry and Fire Protection on the review of each wildfire mitigation plan and update. In rendering its decision, the division shall consider comments submitted pursuant to subdivision (d) of Section 8386. Before approval, the division may require modifications of the plan. After approval by the division, the commission shall ratify the action of the division.(b) The Wildfire Safety Divisions approval of a plan does not establish a defense to any enforcement action for a violation of a commission decision, order, or rule.(c) Following approval of a wildfire mitigation plan, the Wildfire Safety Division shall oversee compliance with the plan consistent with the following:(1) Three months after the end of an electrical corporations initial compliance period as established by the Wildfire Safety Division pursuant to subdivision (b) of Section 8386, and annually thereafter, each electrical corporation shall file with the division a report addressing its compliance with the plan during the prior calendar year.(2) (A) Before March 1, 2021, and before each March 1 thereafter, the Wildfire Safety Division, in consultation with the Department of Forestry and Fire Protection, shall make available a list of qualified independent evaluators with experience in assessing the safe operation of electrical infrastructure.(B) (i) Each electrical corporation shall engage an independent evaluator listed pursuant to subparagraph (A) to review and assess the electrical corporations compliance with its plan. The engaged independent evaluator shall consult with, and operate under the direction of, the Wildfire Safety Division of the commission. The independent evaluator shall issue a report on July 1 of each year in which a report required by paragraph (1) is filed. As a part of the independent evaluators report, the independent evaluator shall determine whether the electrical corporation failed to fund any activities included in its plan.(ii) The Wildfire Safety Division shall consider the independent evaluators findings, but the independent evaluators findings are not binding on the division, except as otherwise specified.(iii) The independent evaluators findings shall be used by the Wildfire Safety Division to carry out its obligations under Article 1 (commencing with Section 451) of Chapter 3 of Part 1 of Division 1.(iv) The independent evaluators findings shall not apply to events that occurred before the initial plan is approved for the electrical corporation.(3) The commission shall authorize the electrical corporation to recover in rates the costs of the independent evaluator.(4) The Wildfire Safety Division shall complete its compliance review within 18 months after the submission of the electrical corporations compliance report.(5) (A) An electrical corporation shall notify the Wildfire Safety Division, within one month after it completes a substantial portion of the vegetation management requirements in its wildfire mitigation plan, of the completion. Upon receiving the notice from the electrical corporation, the division shall, consistent with its authority pursuant to paragraph (1) of subdivision (a) of Section 326, promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the vegetation management requirements in the wildfire mitigation plan. The division shall provide the audit to the electrical corporation. The electrical corporation shall have a reasonable time, as determined by the division, to correct and eliminate any deficiency specified in the audit.(B) The Wildfire Safety Division may engage its own independent evaluator, who shall be a certified arborist and shall have any other qualifications determined appropriate by the division, to conduct the audit specified in subparagraph (A). The independent evaluator shall consult with, and operate under the direction of, the division.(C) Within one year of the expiration of the time period for an electrical corporation to correct and eliminate any deficiency identified in the audit, the independent evaluator shall issue a report to the electrical corporation, the Wildfire Safety Division, and the Safety and Enforcement Division of the commission specifically describing any failure of the electrical corporation to substantially comply with the substantial portion of the vegetation management requirements in the electrical corporations wildfire mitigation plan. The report shall be made publicly available. The division shall include the report in its compliance review prepared pursuant to paragraph (4).(6) Each electrical corporation shall reimburse the Wildfire Safety Division for its costs to implement this section with respect to that electrical corporation.(d) An electrical corporation shall not divert revenues authorized to implement the plan to any activities or investments outside of the plan. An electrical corporation shall notify the commission by advice letter of the date when it projects that it will have spent, or incurred obligations to spend, its entire annual revenue requirement for vegetation management in its wildfire mitigation plan not less than 30 days before that date.(e) The commission shall not allow a large electrical corporation to include in its equity rate base its share, as determined pursuant to the Wildfire Fund allocation metric specified in Section 3280, of the first five billion dollars ($5,000,000,000) expended in aggregate by large electrical corporations on fire risk mitigation capital expenditures included in the electrical corporations approved wildfire mitigation plans. An electrical corporations share of the fire risk mitigation capital expenditures and the debt financing costs of these fire risk mitigation capital expenditures may be financed through a financing order pursuant to Section 851, 850.1 subject to the requirements of that financing order.(f) This section does not impose any liability on the Wildfire Safety Division regarding the performance of its duties.
8386.3. (a) The Wildfire Safety Division shall approve or deny each wildfire mitigation plan and update submitted by an electrical corporation within three months of its submission, unless the division makes a written determination, including reasons supporting the determination, that the three-month deadline cannot be met. Each electrical corporations approved plan shall remain in effect until the division approves the electrical corporations subsequent plan. The division shall consult with the Department of Forestry and Fire Protection on the review of each wildfire mitigation plan and update. In rendering its decision, the division shall consider comments submitted pursuant to subdivision (d) of Section 8386. Before approval, the division may require modifications of the plan. After approval by the division, the commission shall ratify the action of the division.
(b) The Wildfire Safety Divisions approval of a plan does not establish a defense to any enforcement action for a violation of a commission decision, order, or rule.
(c) Following approval of a wildfire mitigation plan, the Wildfire Safety Division shall oversee compliance with the plan consistent with the following:
(1) Three months after the end of an electrical corporations initial compliance period as established by the Wildfire Safety Division pursuant to subdivision (b) of Section 8386, and annually thereafter, each electrical corporation shall file with the division a report addressing its compliance with the plan during the prior calendar year.
(2) (A) Before March 1, 2021, and before each March 1 thereafter, the Wildfire Safety Division, in consultation with the Department of Forestry and Fire Protection, shall make available a list of qualified independent evaluators with experience in assessing the safe operation of electrical infrastructure.
(B) (i) Each electrical corporation shall engage an independent evaluator listed pursuant to subparagraph (A) to review and assess the electrical corporations compliance with its plan. The engaged independent evaluator shall consult with, and operate under the direction of, the Wildfire Safety Division of the commission. The independent evaluator shall issue a report on July 1 of each year in which a report required by paragraph (1) is filed. As a part of the independent evaluators report, the independent evaluator shall determine whether the electrical corporation failed to fund any activities included in its plan.
(ii) The Wildfire Safety Division shall consider the independent evaluators findings, but the independent evaluators findings are not binding on the division, except as otherwise specified.
(iii) The independent evaluators findings shall be used by the Wildfire Safety Division to carry out its obligations under Article 1 (commencing with Section 451) of Chapter 3 of Part 1 of Division 1.
(iv) The independent evaluators findings shall not apply to events that occurred before the initial plan is approved for the electrical corporation.
(3) The commission shall authorize the electrical corporation to recover in rates the costs of the independent evaluator.
(4) The Wildfire Safety Division shall complete its compliance review within 18 months after the submission of the electrical corporations compliance report.
(5) (A) An electrical corporation shall notify the Wildfire Safety Division, within one month after it completes a substantial portion of the vegetation management requirements in its wildfire mitigation plan, of the completion. Upon receiving the notice from the electrical corporation, the division shall, consistent with its authority pursuant to paragraph (1) of subdivision (a) of Section 326, promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the vegetation management requirements in the wildfire mitigation plan. The division shall provide the audit to the electrical corporation. The electrical corporation shall have a reasonable time, as determined by the division, to correct and eliminate any deficiency specified in the audit.
(B) The Wildfire Safety Division may engage its own independent evaluator, who shall be a certified arborist and shall have any other qualifications determined appropriate by the division, to conduct the audit specified in subparagraph (A). The independent evaluator shall consult with, and operate under the direction of, the division.
(C) Within one year of the expiration of the time period for an electrical corporation to correct and eliminate any deficiency identified in the audit, the independent evaluator shall issue a report to the electrical corporation, the Wildfire Safety Division, and the Safety and Enforcement Division of the commission specifically describing any failure of the electrical corporation to substantially comply with the substantial portion of the vegetation management requirements in the electrical corporations wildfire mitigation plan. The report shall be made publicly available. The division shall include the report in its compliance review prepared pursuant to paragraph (4).
(6) Each electrical corporation shall reimburse the Wildfire Safety Division for its costs to implement this section with respect to that electrical corporation.
(d) An electrical corporation shall not divert revenues authorized to implement the plan to any activities or investments outside of the plan. An electrical corporation shall notify the commission by advice letter of the date when it projects that it will have spent, or incurred obligations to spend, its entire annual revenue requirement for vegetation management in its wildfire mitigation plan not less than 30 days before that date.
(e) The commission shall not allow a large electrical corporation to include in its equity rate base its share, as determined pursuant to the Wildfire Fund allocation metric specified in Section 3280, of the first five billion dollars ($5,000,000,000) expended in aggregate by large electrical corporations on fire risk mitigation capital expenditures included in the electrical corporations approved wildfire mitigation plans. An electrical corporations share of the fire risk mitigation capital expenditures and the debt financing costs of these fire risk mitigation capital expenditures may be financed through a financing order pursuant to Section 851, 850.1 subject to the requirements of that financing order.
(f) This section does not impose any liability on the Wildfire Safety Division regarding the performance of its duties.
SEC. 2. Section 8386.6 is added to the Public Utilities Code, to read:8386.6. (a) All electrical line clearance tree trimmers performing work to comply with the vegetation management requirements in an electrical corporations wildfire mitigation plan shall be qualified line clearance tree trimmers, or trainees under the direct supervision and instruction of qualified line clearance tree trimmers, as provided in the High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations) of the Department of Industrial Relations.(b) All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.
SEC. 2. Section 8386.6 is added to the Public Utilities Code, to read:
### SEC. 2.
8386.6. (a) All electrical line clearance tree trimmers performing work to comply with the vegetation management requirements in an electrical corporations wildfire mitigation plan shall be qualified line clearance tree trimmers, or trainees under the direct supervision and instruction of qualified line clearance tree trimmers, as provided in the High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations) of the Department of Industrial Relations.(b) All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.
8386.6. (a) All electrical line clearance tree trimmers performing work to comply with the vegetation management requirements in an electrical corporations wildfire mitigation plan shall be qualified line clearance tree trimmers, or trainees under the direct supervision and instruction of qualified line clearance tree trimmers, as provided in the High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations) of the Department of Industrial Relations.(b) All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.
8386.6. (a) All electrical line clearance tree trimmers performing work to comply with the vegetation management requirements in an electrical corporations wildfire mitigation plan shall be qualified line clearance tree trimmers, or trainees under the direct supervision and instruction of qualified line clearance tree trimmers, as provided in the High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations) of the Department of Industrial Relations.(b) All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.
8386.6. (a) All electrical line clearance tree trimmers performing work to comply with the vegetation management requirements in an electrical corporations wildfire mitigation plan shall be qualified line clearance tree trimmers, or trainees under the direct supervision and instruction of qualified line clearance tree trimmers, as provided in the High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations) of the Department of Industrial Relations.
(b) All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.
This act shall be known, and may be cited, as the Wildfire Vegetation Safety and Accountability Act.
(a)(1)An electrical corporation shall notify the department after it completes all or a substantial portion of the vegetation management requirements in its wildfire mitigation plan approved by the Public Utilities Commission pursuant to Section 8386 of the Public Utilities Code. Upon receiving notice from the electrical corporation, the department shall promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the vegetation management requirements in the wildfire mitigation plan and the department shall provide that specification to the electrical corporation. The electrical corporation shall have a reasonable time to correct and eliminate any deficiency specified in the audit.
(2)After the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, the department shall issue a report to the electrical corporation and the Wildfire Safety Division of the Public Utilities Commission specifically describing any failure of the electrical corporation to substantially comply with the vegetation management requirements in its wildfire mitigation plan. After the functions of the Wildfire Safety Division are transferred to the Office of Energy Infrastructure Safety in the Natural Resources Agency, effective July 1, 2021, pursuant to subdivision (b) of Section 326 of the Public Utilities Code, the department shall issue the report to the electrical corporation, the Safety and Enforcement Division of the Public Utilities Commission, and the Office of Energy Infrastructure Safety in the Natural Resources Agency. The report shall be made publicly available.
(3)This subdivision does not impose any liability on the department regarding the performance of the audit.
(b)(1)All electrical line clearance tree trimmers performing work to comply with the vegetation management requirements in an electrical corporations wildfire mitigation plan shall be qualified line clearance tree trimmers or trainees under the direct supervision and instruction of qualified line clearance tree trimmers as provided in the Department of Industrial Relations High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations).
(2)All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.
(c)An electrical corporation shall notify the Public Utilities Commission by advice letter not less than 30 days prior to the time when it projects that it will have spent, or incurred obligations to spend, its entire annual revenue requirement for vegetation management, as established by the commission.
(d)Each electrical corporation shall reimburse the department for its cost to carry out this section with respect to that electrical corporation.
(e)This section shall become operative on January 1, 2021.