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SB-1169 Violations: penalties and fines: wildfire incidents.(2017-2018)

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Date Published: 05/02/2018 09:00 PM
SB1169:v98#DOCUMENT

Amended  IN  Senate  May 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1169


Introduced by Senator Anderson

February 14, 2018


An act to add Section 2104.3 to the Public Utilities Code, relating to public utilities, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 1169, as amended, Anderson. Violations: penalties and fines: wildfire incidents.
The Public Utilities Act provides for the assessment of criminal fines and civil penalties for violations of the act or an order, decision, rule, direction, demand, or requirement of the commission. Existing law requires that fines and penalties imposed by the Public Utilities Commission pursuant to the act be paid to the General Fund.
This bill would require that 10% of any penalty or fine for a violation of the act, or any rule, regulation, general order, or order of the commission, related to the role a utility company, or its facilities or equipment, played in the starting of a wildfire incident shall assessed by the commission related to wildfire incidents to be deposited into the Wildfire Incident Penalty and Fine Fund, as created by this bill. which the bill would establish in the State Treasury. The bill would continuously appropriate those moneys to the commission for specified fire prevention purposes, including for equipment for regional fire and first responder agencies. The bill would require the commission to establish an application and approval process by which any person, private entity, or local agency from an area affected by a wildfire incident could apply to the commission for the money in the fund, as provided.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 2104.3 is added to the Public Utilities Code, to read:

2104.3.
 (a) (1) Ten percent of any penalty or fine for a violation of this act, or of any rule, regulation, general order, or order of the commission, related to the role a utility company, or its facilities or equipment, played in the starting of a wildfire incident assessed by the commission related to wildfire incidents shall be deposited into the Wildfire Incident Penalty and Fine Fund, which is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated to the commission commission, without regard to fiscal year, for the purposes of this section.
(2) The moneys in the fund shall be segregated into accounts, with a separate account created for each wildfire incident that generates a penalty or fine.
(b) The commission shall establish an application and approval process by which any person, private entity, or local agency from an area affected by a wildfire incident may apply to the commission for moneys from the account created for that wildfire incident.
(c) The commission shall only approve an application for the money in the fund for the following purposes:
(1) Equipment for regional fire and first responder agencies.
(2) Defensible space grants and rebates to homeowners and property owners.
(3) Hardening homes and communities for sheltering in place.
(4) Wood chipping services.
(5) Clearing and maintaining safe evacuation routes for communities.
(6) Initiatives to assist people with special needs during a wildfire.
(7) Training and technology, including unmanned aircraft systems and weather forecasting tools.
(8) Aircrane helicopter operation.
(9) Preparation against a reoccurrence of a wildfire incident.