Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Under existing law, it is the policy of this state to achieve, whenever feasible and not inconsistent with sound environmental planning, the undergrounding of all future electric and communication distribution facilities that are proposed to be erected in proximity to designated state scenic highways and that would be visible from those highways if erected above ground. The commission's existing Electric Tariff Rule 20 establishes policies for the undergrounding of electrical facilities and includes, among other programs, the Rule 20A undergrounding program that requires electrical corporations to convert overhead electrical facilities to underground facilities when it is in the public interest for specified reasons.
This bill would require the commission to establish an expedited utility distribution infrastructure undergrounding program, and would authorize only those electrical corporations with 250,000 or more customer accounts within the state to participate in the program. In order to participate in the program, the bill would require a large electrical corporation to submit a distribution infrastructure undergrounding plan, including the undergrounding projects located in tier 2 or 3 high fire-threat districts or rebuild areas that it will construct as part of the program, to the Office of Energy Infrastructure Safety, which would be required to approve or deny the plan within 9 months. If the office approves the large electrical corporation's plan, the bill would require the large electrical corporation to submit to the commission a copy of the plan and an application requesting review and conditional approval of the plan's costs and would require the commission to approve or deny the plan within 9 months. If the plan is approved by the office and commission, the bill would require the large electrical corporation to file specified progress reports, include additional information in its wildfire mitigation plans, hire an independent monitor to review and assess its compliance with its plan, apply for available federal, state, and other nonratepayer moneys throughout the duration of the approved plan, and use those nonratepayer moneys to reduce the program's costs on its ratepayers, as specified. The bill would authorize the commission to assess penalties on a large electrical corporation that fails to substantially comply with the commission decision approving its plan.
Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because a violation of a commission action implementing this bill's requirements 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 a specified reason.

Statutes affected:
03/16/22 - Amended Senate: 21180 PRC, 21183 PRC
04/07/22 - Amended Senate: 21180 PRC, 21183 PRC
04/26/22 - Amended Senate: 21180 PRC, 21183 PRC
06/13/22 - Amended Assembly: 21180 PRC, 21183 PRC
06/23/22 - Amended Assembly: 21180 PRC, 21183 PRC, 8385 PUC
08/15/22 - Amended Assembly: 8385 PUC
08/25/22 - Amended Assembly: 8385 PUC
09/01/22 - Enrolled: 8385 PUC
09/29/22 - Chaptered: 8385 PUC