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SB-1205 Fire protection services: inspections: compliance reporting.(2017-2018)

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Date Published: 06/07/2018 09:00 PM
SB1205:v96#DOCUMENT

Amended  IN  Assembly  June 07, 2018
Amended  IN  Senate  May 01, 2018
Amended  IN  Senate  April 16, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1205


Introduced by Senator Hill

February 15, 2018


An act to add Section 592 13146.4 to the Public Utilities Code, Health and Safety Code, relating to public utilities. fire protection.


LEGISLATIVE COUNSEL'S DIGEST


SB 1205, as amended, Hill. Public utilities: gas and electrical corporations: safety violations: reporting. Fire protection services: inspections: compliance reporting.
Existing law requires the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce building standards to annually inspect all structures for compliance with building standards, as provided.
This bill would require every city or county fire department or district required to perform the above-described annual inspections to report annually to its respective city council or county board of supervisors, as the case may be, on its compliance with the inspection requirements, as provided. To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas and electrical corporations. The Public Utilities Act requires the commission to investigate the cause of all accidents occurring upon the property of any public utility or directly or indirectly arising from or connected with its maintenance or operation, resulting in loss of life or injury to person or property and requiring, in the judgment of the commission, investigation by it. Existing law authorizes the commission to make any order or recommendation with respect to the investigation that it determines to be just and reasonable. Existing law requires the commission to develop and implement a safety enforcement program that is applicable to gas and electrical corporations and that includes procedures for monitoring, data tracking and analysis, and investigations, as well as issuance of citations by commission staff, under the direction of the executive director of the commission. Existing law requires gas and electrical corporations to report various information to the commission.

This bill would require gas and electrical corporations to report to the commission any self-identified violation of an applicable law, or order or rule of the commission, that poses a significant safety threat, causes a systemwide impact, affects a large geographic region, or involves fraud, sabotage, falsification of records, or any other instance of deception by a gas or electrical corporation’s agent, employee, contractor, or subcontractor, as specified.

(2)Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.

Because a commission order or other action would be required to implement the provisions of this bill and because a violation of that commission order or action would be a crime, this 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.

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

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


SECTION 1.

 Section 13146.4 is added to the Health and Safety Code, to read:

13146.4.
 (a) Every city or county fire department or district required to perform an annual inspection pursuant to Sections 13146.2 and 13146.3 shall report annually to its respective city council or county board of supervisors, as the case may be, on its compliance with Sections 13146.2 and 13146.3.
(b) The reporting made pursuant to subdivision (a) shall occur during the period of time used by the respective city or county to discuss the annual city or county budget.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 592 is added to the Public Utilities Code, to read:
592.

The commission shall require, at minimum, each gas or electrical corporation to report to the commission before the 15th of each month a self-identified violation of an applicable law, or order or rule of the commission, that was identified in the prior calendar month and that does any of the following:

(a)Poses a significant safety threat to the public or its staff, contractors, or subcontractors.

(b)Causes a systemwide impact or affects a large geographic region.

(c)Involves any instance of fraud, sabotage, falsification of records, or any other instance of deception by a gas or electrical corporation’s agent, employee, contractor, or subcontractor.

SEC. 2.

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.