Today's Law As Amended


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AB-1915 Electrical corporations: deenergization events.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 8385 of the Public Utilities Code is amended to read:

8385.
 (a) For purposes of this chapter, the following shall apply:
(1) “Compliance period” means a period of approximately one year.
(2) “Deenergization event” means the proactive interruption of electrical service for the purpose of mitigating or avoiding the risk of causing a wildfire.
(3) “Electrical cooperative” has the same meaning as defined in Section 2776.
(4) “Office” means the Office of Energy Infrastructure Safety, within the Natural Resources Agency.
(b) Beginning July 1, 2021, the office  The commission  shall supervise an electrical corporation’s compliance with the requirements of this chapter pursuant to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1). Nothing in this chapter affects the commission’s authority or jurisdiction over an electrical corporation, electrical cooperative,  cooperative  or local publicly owned electric utility.

SEC. 2.

 Section 8386.7 is added to the Public Utilities Code, to read:

8386.7.
 (a) If the commission approves a wildfire mitigation plan for an electrical corporation that authorizes deenergization events, the commission shall adopt rules setting forth the circumstances under which a deenergization event may be undertaken and continued in effect and the appropriate geographic range of a deenergization event.
(b) Following a deenergization event, the commission shall determine whether the electrical corporation complied with the rules established by the commission pursuant to subdivision (a). The commission shall also determine if the entire duration and geographic range of the deenergization event was reasonable, with particular consideration given to the number of customers affected and whether that geographic range was appropriate to prevent the risk of wildfires. If the commission determines that the electrical corporation complied with the rules established by the commission for a deenergization event, but that either the duration or geographic range of the deenergization event exceeded that which was reasonable, the commission shall consider whether to modify its rules to appropriately limit the circumstances under which a deenergization event shall be undertaken and the geographic range of further deenergization events.
(c) If the commission determines that the electrical corporation failed to comply with the rules established by the commission pursuant to this section and the failure resulted in customers of the electrical corporation incurring losses, the commission shall order the electrical corporation to open an account from which to pay claims by customers for those losses. The commission may establish rules and procedures for the handling and payment of these claims.
(d) Expenses paid from the account shall not be recoverable as an expense from ratepayers. However, whether the electrical corporation may claim the expense as a business expense for income tax purposes shall be determined pursuant to other applicable law.
SEC. 3.
 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.