Existing law requires the Office of Emergency Services to enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act with the Department of Forestry and Fire Protection to develop and administer a comprehensive wildfire mitigation program to, among other things, encourage cost-effective structure hardening and retrofitting to create fire-resistant homes, businesses, and public buildings. Existing law requires the State Fire Marshal, in consultation with specified state officials, to identify building retrofits and structure hardening measures, and the department to identify defensible space, vegetation management, and fuel modification activities, that are eligible for financial assistance under the program. Existing law specifies the types of designated wildfire hazard areas eligible for funding under the program. Existing authorizes the joint powers authority administering the program to accept federal funds for the purposes of the program. Existing law makes the operation of the program contingent upon an appropriation by the Legislature and would repeal the program's provisions on July 1, 2025.
This bill would authorize the joint powers authority implementing the above-described program to accept voluntary contributions and would require the contributions be deposited in the California Wildfire Mitigation Financial Assistance Fund, which the bill would establish in the State Treasury. The bill would provide that moneys in the fund are available, upon appropriation by the Legislature for purpose of the program.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities, are under the direction of their governing boards. This bill would require the commission to require electrical corporations to include as a part of their billing statement to their customers a line item allowing the customers to designate a voluntary contribution, in excess of the amount due and owing to the electrical corporation for electrical service, in support of the above-described program. The bill would require that the electrical corporations to remit, on a monthly basis, the collected contribution to the state for deposit into the California Wildfire Mitigation Financial Assistance Fund. The bill would impose similar requirements on local publicly owned electric utilities, thereby imposing a state-mandated local program. The bill would authorize the commission to conduct audits on the electrical corporations regarding the voluntary contributions. The bill would authorize the State Energy Resources Conservation and Development Commission to conduct audits on the local publicly owned electric utilities regarding the voluntary contributions. The bill would repeal these provisions on July 1, 2025.
Under existing law, a violation of any order, ​decision, rule, direction, demand, or requirement of the Public Utilities Commission is a crime.​
Because a violation​ of an order or decision of the commission implementing requirements of the bill with respect to an electrical corporation would be a ​crime, the bill would impose 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 no reimbursement is required by this act for specified reasons.

Statutes affected:
AB433: 8654.7 GOV, 8654.10 GOV
02/04/21 - Introduced: 8654.7 GOV, 8654.10 GOV
AB 433: 8654.7 GOV, 8654.10 GOV