Glenn Yasui, Director of Administrative Services

Transcription

1 Agenda Item 11-1 City of Aliso ALIso Agenda Item DATE: April 20, 2016 TO: Mayor and City Council hh Li cal, FORto o FROM: Glenn Yasui, Director of Administrative Services SUBJECT: SENATE BILL 1463 ( MOORLACH) ELECTRICAL LINE MITIGATION Recommendation: Authorize the Mayor to send a letter on behalf of the City Council to Senator Moorlach expressing support for Senate Bill Fiscal Impact: No direct fiscal impact associated with the recommended action. Background: In 1993, Laguna Beach had over 400 homes damaged from wildfires. The City of Aliso Viejo is adjacent to Aliso and Wood Canyons Park which represents a potential risk for wildfires. Discussion: Senator John Moorlach introduced Senate Bill 1463 which is intended to mitigate the risk of wildfires. The Public Utilities Commission ( PUC) is authorized to require enhanced mitigation measures for wildfire hazards posed by overhead electrical lines and equipment. SB 1463 would require the PUC, in consultation with the Department of Forestry and Fire Protection, to prioritize areas in which communities are at high risk from the consequences of wildfire when determining which areas are required to comply with the enhanced mitigation measures. Additionally, the legislation would require a description as to how the PUC incorporates the concerns of local governments and fire departments. Conclusion: As of the date this report was prepared, SB 1463 was scheduled for Hearing on April 12, 2016 in the Natural Resources and Water Committee. This legislation is a positive step toward providing public safety in Aliso Viejo and surrounding communities. It is recommended that the Council take a position of support for SB Attached to this report is a draft letter of support.

2 Agenda Item 11-2 Ate( % Glenn Yasui Director of A ministrative Services APPROVED FOR SUBMITTAL TO THE CITY COUNCIL f) MIN gr, David A. Foyle City Manager Attachments: Senate Bill 1463 Draft Letter of Support

3 Agenda Item 11-3 AMENDED IN SENATE APRIL 6, 2016 AMENDED IN SENATE MARCH 28, 2016 SENATE BILL No Introduced by Senator Moorlach February 19, 2016 An act to add Section to the Public Utilities Code, relating to electrical lines. legislative counsel' s digest SB 1463, as amended, Moorlach. Electrical lines: mitigation of wildfire risks. The California Constitution establishes the Public Utilities Commission, authorizes the commission to establish rules for all public utilities, subject to control by the Legislature, and authorizes the Legislature, unlimited by the other provisions of the California Constitution, to confer additional authority and jurisdiction upon the commission that is cognate and germane to the regulation of public utilities. The Public Utilities Act provides the commission with broad authority over public utilities, including electrical corporations. Existing law establishes standards that are applicable to any person, as defined, to run, place, erect, or maintain wires or cables used to conduct electricity and requires the commission to enforce these provisions. Pursuant to its existing authority, the commission has adopted rules for the construction of electrical lines and the trimming of trees near electrical lines. Except as specified, existing law requires any person that owns, controls, operates, or maintains any electrical transmission or distribution line upon any mountainous, forest- covered, brush- covered, or grass- covered land to maintain a clearance in all directions between all 97

4 Agenda Item 11-4 SB vegetation and all conductors that are carrying electric current, as prescribed. This bill would require the commission, in consultation with the Department of Forestry and Fire Protection, to prioritize areas in which communities are at high risk from the consequences of wildfires when determining areas in which it will require enhanced mitigation measures for wildfire hazards posed by overhead electrical lines and equipment. undertaken, The bill, as part of anyfindings supporting a decision to approve the boundaries for those areas, would require the commission to describe how the commission incorporated the concerns of local governments,fire departments, or both in determining those boundaries. a crime. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes-no. 97

5 Agenda Item SB 1463 The people ofthe State ofcalifornia do enact as follows: 1 SECTION 1. Section is added to the Public Utilities 2 Code, to read: ( a) In determining areas in which to require enhanced 4 mitigation measures for wildfire hazards posed by overhead 5 electrical lines and equipment, the commission, in consultation 6 with the Department offorestry and Fire Protection, shall prioritize 7 areas in which communities are at high risk from the consequences 8 of wildfires. ": : _ ($ 23,000,000): 14 0: - _ : ::.. 18 Governmente) a =..., _. 24 e' 25 ( b) Enhanced mitigation measure., shall include the _ _.. _.., _ 97

6 Agenda Item 11-6 SB ( b) Anyfindings supporting a decision to appmve the boundaries 4 for areas described in subdivision ( a) shall describe how the 5 commission incorporated the concerns of local governments, fire 6 departments, or both in determining those boundaries _ Constitution: 0 97

7 mailimminimmimmowl Agenda Item 11-7 Expl RiI.NCF I r Al I." CLISO MAYOR MIKE MUNZING MAYOR PRO TEM DAVE HARRINGTON April 21, 2016 COUNCIL MEMBERS ' Honorable John M. W. Moorlach Ross CHUN California State Senator, District 37 WILLIAM A. PHILLIPS Capitol Building, Room 4082 PHILLIP B. TSUNODA Sacramento, CA, CITY MANAGER DAVID A. DOYLE CITY ATTORNEY SCOTT C. SMITH CITY CLERK MITZI ORTIZ Re: Support for Senate Bill 1463 Electrical Line Mitigation Dear Senator Moorlach, On behalf of the City of Aliso Viejo, we would like to express our support for SB 1463, which will develop future heightened utility fire mitigation standards for atrisk communities throughout the state. Your leadership in this effort to provide greater public safety in our communities is commendable and extremely important to us. Recently, the Public Utilities Commission ( PUC) instituted Order Instituting Rulemaking to Develop and Adopt Fire-Threat Maps and Fire- Safety Regulations ( Proceeding). The purpose of the Proceeding is to develop a map Fire Map 1) that determines the areas within the state that are at high risk for power line fires. Based on Fire Map 1, the Commission will develop a second map ( Fire Map 2) that designates where utilities have increased fire mitigation responsibilities. The City is concerned that Fire Map 1 did not take into account all of the appropriate factors for the development of fire safety hazards. It is critical that as Fire Map 2 is developed, appropriate factors are taken into consideration to CITY OF ALISO VIEJOensure that a high level of safety is maintained in our communities. SB 1463 INCORPORATED JULY I. tool would resolve these concerns by requiring the PUC to take into consideration areas in which communities are at risk from the consequences of wildfire not 12 JOURNEY SUITE 100 ALISO VIEJO just those areas where certain environmental hazards are present. CALIFORNIA WWWCITYOFALISOVIEJOCOM PHONE FAX The City of Aliso Viejo supports SB 1463 to ensure that our communities continue to provide the public safety that our residents deserve

8 Agenda Item 11-8 Honorable John M. W. Moorlach April 21, 2016 Page 2 Sincerely, Mike Munzing Mayor City of Aliso Viejo Cc: Aliso Viejo City Council John Pietig, City Manager