AB 2765: Public Utilities Commission: reports: telecommunications service: backup electricity.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-27
Current Status:
Passed
(2024-09-27: Chaptered by Secretary of State - Chapter 740, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill adds to the Public Utilities Commission’s annual report a description of audits and inspections that check telecommunications providers’ compliance with backup electricity rules, the total number of violations found by company, and a summary of enforcement actions. It affects telecommunications companies subject to those backup-power rules and gives the public and lawmakers more information about compliance and enforcement.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires the Public Utilities Commission to develop, publish, and annually update a report containing specified information, including the commissions annual work plan, performance criteria for the commission and its executive director, an accounting of the commissions transactions and proceedings from the prior year, a description of activities taken and processes instituted to solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings, a list of its public meetings held outside San Francisco in the previous year, a schedule of its meetings anticipated to be held outside San Francisco during the coming year, and a summary of deenergization event trends and the effect of deenergization events on telecommunications service and public safety, as specified. Existing law requires the commission to post the report in a conspicuous area of its internet website.
This bill would require the report to also contain a description of the audits and inspections conducted to ensure compliance with the commissions backup electricity rules for providers of telecommunications service, including, but not limited to, the total number of violations identified by the commission in the prior year, aggregated by company, and a summary of enforcement actions taken for those violations.
Existing law requires the Public Utilities Commission to develop, publish, and annually update a report containing specified information, including the commissions annual work plan, performance criteria for the commission and its executive director, an accounting of the commissions transactions and proceedings from the prior year, a description of activities taken and processes instituted to solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings, a list of its public meetings held outside San Francisco in the previous year, a schedule of its meetings anticipated to be held outside San Francisco during the coming year, and a summary of deenergization event trends and the effect of deenergization events on telecommunications service and public safety, as specified. Existing law requires the commission to post the report in a conspicuous area of its internet website.
This bill would require the report to also contain a description of the audits and inspections conducted to ensure compliance with the commissions backup electricity rules for providers of telecommunications service, including, but not limited to, the total number of violations identified by the commission in the prior year, aggregated by company, and a summary of enforcement actions taken for those violations.
Existing law requires the Public Utilities Commission to develop, publish, and annually update a report containing specified information, including the commissions annual work plan, performance criteria for the commission and its executive director, an accounting of the commissions transactions and proceedings from the prior year, a description of activities taken and processes instituted to solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings, a list of its public meetings held outside San Francisco in the previous year, a schedule of its meetings anticipated to be held outside San Francisco during the coming year, and a summary of deenergization event trends and the effect of deenergization events on telecommunications service and public safety, as specified. Existing law requires the commission to post the report in a conspicuous area of its internet website.
This bill would require the report to also contain a description of the audits and inspections conducted to ensure compliance with the commissions backup electricity rules for providers of telecommunications service, including, but not limited to, a list of violations identified, if any, and actions taken to correct those violations. the total number of violations identified by the commission in the prior year, aggregated by company, and a summary of enforcement actions taken for those violations.
Existing law requires the Public Utilities Commission to develop, publish, and annually update a report containing specified information, including the commissions annual work plan, performance criteria for the commission and its executive director, an accounting of the commissions transactions and proceedings from the prior year, a description of activities taken and processes instituted to solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings, a list of its public meetings held outside San Francisco in the previous year, a schedule of its meetings anticipated to be held outside San Francisco during the coming year, and a summary of deenergization event trends and the effect of deenergization events on telecommunications service and public safety, as specified. Existing law requires the commission to post the report in a conspicuous area of its internet website.
This bill would require the report to also contain a description of the audits and inspections conducted to ensure compliance with the commissions backup electricity rules for providers of telecommunications service, including, but not limited to, a list of violations identified, if any, and actions taken to correct those violations.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission, in consultation with the Office of Emergency Services, to develop and implement backup electricity rules to require providers of telecommunications service, as defined, to submit resiliency plans to maintain backup electricity for their telecommunications infrastructure sufficient to maintain telecommunications service for at least 72 hours, except as authorized. Existing law requires the commission, in developing and implementing those rules, to consider best practices, the feasibility of the rules, and stakeholder input.This bill would require the commission, as part of a new or existing proceeding, to develop and implement rules to conduct random annual facility checks to verify that providers of telecommunications service are in compliance with those backup electricity rules. The bill would require that these rules annually require at least 12 random facility checks throughout the state that are equitably distributed by region and among providers of telecommunications service. The bill would authorize the commission to adopt rules governing fines, if any, or other remedial actions applicable to a provider of telecommunications service that is out of compliance with the backup electricity rules, other applicable backup electricity requirements, or the providers resiliency 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 rule developed or adopted by the commission to implement this bills 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.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission, in consultation with the Office of Emergency Services, to develop and implement backup electricity rules to require providers of telecommunications service, as defined, to submit resiliency plans to maintain backup electricity for their telecommunications infrastructure sufficient to maintain telecommunications service for at least 72 hours, except as authorized. Existing law requires the commission, in developing and implementing those rules, to consider best practices, the feasibility of the rules, and stakeholder input.
This bill would require the commission, as part of a new or existing proceeding, to develop and implement rules to conduct random annual facility checks to verify that providers of telecommunications service are in compliance with those backup electricity rules. The bill would require that these rules annually require at least 12 random facility checks throughout the state that are equitably distributed by region and among providers of telecommunications service. The bill would authorize the commission to adopt rules governing fines, if any, or other remedial actions applicable to a provider of telecommunications service that is out of compliance with the backup electricity rules, other applicable backup electricity requirements, or the providers resiliency 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 rule developed or adopted by the commission to implement this bills 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.
Existing law requires a telephone corporation, before withdrawing from the business of providing interexchange service to all of its customers or to an entire class of its customers, to provide those affected customers with a written notice containing certain information at least 30 days before the proposed transfer of those customers to another telephone corporation.This bill would make nonsubstantive changes to that requirement.Existing law requires a telephone corporation, before withdrawing from the business of providing interexchange service to all of its customers or to an entire class of its customers, to provide those affected customers with a written notice containing certain information at least 30 days before the proposed transfer of those customers to another telephone corporation.
This bill would make nonsubstantive changes to that requirement.
(a)The commission shall develop, publish, and annually update a report that contains all of the following information:
(1)A workplan that describes in clear detail the scheduled proceedings and other decisions that may be considered by the commission during the calendar year.
(2)Performance criteria for the commission and the executive director, and an evaluation of the performance of the executive director during the previous year based on criteria established in the prior years workplan.
(3)An accounting of the commissions transactions and proceedings from the prior year, together with other facts, suggestions, and recommendations that the commission deems of value to the people of the state. The accounting shall include the activities that the commission has taken, and plans to take, to reduce the costs of, and the rates for, water and energy, including electricity, to improve the competitiveness of the states industries, including agriculture, and, to the extent possible, shall include suggestions and recommendations for the reduction of those costs and rates.
(4)A description of activities taken and processes instituted to both solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings and to process that input in a way that makes it usable in commission decisionmaking. The report shall describe the successes and challenges of these processes, the effect of resource constraints, and efforts to be made during the calendar year to further the goal of increased public participation.
(5)A list of the public meetings held outside San Francisco in the previous year, and a schedule of meetings anticipated to be held outside San Francisco during the coming year.
(6)A description of the actions taken by the commission using the information provided to it pursuant to Section 53122 of the Government Code, a summary of deenergization event trends and the effect of deenergization events on telecommunications service and public safety, and an analysis of how the impacts of deenergization events on telecommunications service could be mitigated.
(7)A description of the audits and inspections conducted to ensure compliance with the commissions backup electricity rules for providers of telecommunications service, including, but not limited to, the total number of violations identified by the commission in the prior year, aggregated by company, and a summary of enforcement actions taken for those violations.
(b)(1)The commission shall submit the report required pursuant to subdivision (a) to the Governor and the Legislature, in compliance with Section 9795 of the Government Code, no later than February 1 of each year.
(2)The commission shall post the report in a conspicuous area of its internet website and shall have a program to disseminate the information in the report using computer mailing lists to provide regular updates on the information to those members of the public and organizations that request that information.
(a)The commission shall develop, publish, and annually update a report that contains all of the following information:
(1)A workplan that describes in clear detail the scheduled proceedings and other decisions that may be considered by the commission during the calendar year.
(2)Performance criteria for the commission and the executive director, and an evaluation of the performance of the executive director during the previous year based on criteria established in the prior years workplan.
(3)An accounting of the commissions transactions and proceedings from the prior year, together with other facts, suggestions, and recommendations that the commission deems of value to the people of the state. The accounting shall include the activities that the commission has taken, and plans to take, to reduce the costs of, and the rates for, water and energy, including electricity, to improve the competitiveness of the states industries, including agriculture, and, to the extent possible, shall include suggestions and recommendations for the reduction of those costs and rates.
(4)A description of activities taken and processes instituted to both solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings and to process that input in a way that makes it usable in commission decisionmaking. The report shall describe the successes and challenges of these processes, the effect of resource constraints, and efforts to be made during the calendar year to further the goal of increased public participation.
(5)A list of the public meetings held outside San Francisco in the previous year, and a schedule of meetings anticipated to be held outside San Francisco during the coming year.
(6)A description of the actions taken by the commission using the information provided to it pursuant to Section 53122 of the Government Code, a summary of deenergization event trends and the effect of deenergization events on telecommunications service and public safety, and an analysis of how the impacts of deenergization events on telecommunications service could be mitigated.
(7)A description of the audits and inspections conducted to ensure compliance with the commissions backup electricity rules for providers of telecommunications service, including, but not limited to, the total number of violations identified by the commission in the prior year, aggregated by company, and a summary of enforcement actions taken for those violations.
(b)(1)The commission shall submit the report required pursuant to subdivision (a) to the Governor and the Legislature, in compliance with Section 9795 of the Government Code, no later than February 1 of each year.
(2)The commission shall post the report in a conspicuous area of its internet website and shall have a program to disseminate the information in the report using computer mailing lists to provide regular updates on the information to those members of the public and organizations that request that information.
(a)The commission shall develop, publish, and annually update a report that contains all of the following information:
(1)A workplan that describes in clear detail the scheduled proceedings and other decisions that may be considered by the commission during the calendar year.
(2)Performance criteria for the commission and the executive director, and an evaluation of the performance of the executive director during the previous year based on criteria established in the prior years workplan.
(3)An accounting of the commissions transactions and proceedings from the prior year, together with other facts, suggestions, and recommendations that the commission deems of value to the people of the state. The accounting shall include the activities that the commission has taken, and plans to take, to reduce the costs of, and the rates for, water and energy, including electricity, to improve the competitiveness of the states industries, including agriculture, and, to the extent possible, shall include suggestions and recommendations for the reduction of those costs and rates.
(4)A description of activities taken and processes instituted to both solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings and to process that input in a way that makes it usable in commission decisionmaking. The report shall describe the successes and challenges of these processes, the effect of resource constraints, and efforts to be made during the calendar year to further the goal of increased public participation.
(5)A list of the public meetings held outside San Francisco in the previous year, and a schedule of meetings anticipated to be held outside San Francisco during the coming year.
(6)A description of the actions taken by the commission using the information provided to it pursuant to Section 53122 of the Government Code, a summary of deenergization event trends and the effect of deenergization events on telecommunications service and public safety, and an analysis of how the impacts of deenergization events on telecommunications service could be mitigated.
(7)A description of the audits and inspections conducted to ensure compliance with the commissions backup electricity rules for providers of telecommunications service, including, but not limited to, a list of violations identified, if any, and actions taken to correct those violations. the total number of violations identified by the commission in the prior year, aggregated by company, and a summary of enforcement actions taken for those violations.
(b)(1)The commission shall submit the report required pursuant to subdivision (a) to the Governor and the Legislature, in compliance with Section 9795 of the Government Code, no later than February 1 of each year.
(2)The commission shall post the report in a conspicuous area of its internet website and shall have a program to disseminate the information in the report using computer mailing lists to provide regular updates on the information to those members of the public and organizations that request that information.
(a)The commission shall develop, publish, and annually update a report that contains all of the following information:
(1)A workplan that describes in clear detail the scheduled proceedings and other decisions that may be considered by the commission during the calendar year.
(2)Performance criteria for the commission and the executive director, and an evaluation of the performance of the executive director during the previous year based on criteria established in the prior years workplan.
(3)An accounting of the commissions transactions and proceedings from the prior year, together with other facts, suggestions, and recommendations that the commission deems of value to the people of the state. The accounting shall include the activities that the commission has taken, and plans to take, to reduce the costs of, and the rates for, water and energy, including electricity, to improve the competitiveness of the states industries, including agriculture, and, to the extent possible, shall include suggestions and recommendations for the reduction of those costs and rates.
(4)A description of activities taken and processes instituted to both solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings and to process that input in a way that makes it usable in commission decisionmaking. The report shall describe the successes and challenges of these processes, the effect of resource constraints, and efforts to be made during the calendar year to further the goal of increased public participation.
(5)A list of the public meetings held outside San Francisco in the previous year, and a schedule of meetings anticipated to be held outside San Francisco during the coming year.
(6)A description of the actions taken by the commission using the information provided to it pursuant to Section 53122 of the Government Code, a summary of deenergization event trends and the effect of deenergization events on telecommunications service and public safety, and an analysis of how the impacts of deenergization events on telecommunications service could be mitigated.
(7)A description of the audits and inspections conducted to ensure compliance with the commissions backup electricity rules for providers of telecommunications service, including, but not limited to, a list of violations identified, if any, and actions taken to correct those violations.
(b)(1)The commission shall submit the report required pursuant to subdivision (a) to the Governor and the Legislature, in compliance with Section 9795 of the Government Code, no later than February 1 of each year.
(2)The commission shall post the report in a conspicuous area of its internet website and shall have a program to disseminate the information in the report using computer mailing lists to provide regular updates on the information to those members of the public and organizations that request that information.
SECTION 1.Section 776.2 of the Public Utilities Code is amended to read:776.2.(a)For purposes of this section, telecommunications service has the same meaning as defined in Section 2892.1, but does not include voice communication provided by a provider of satellite telephone service.(b)As part of a new or existing proceeding, the commission, in consultation with the Office of Emergency Services, shall develop and implement backup electricity rules to require providers of telecommunications service to submit resiliency plans to maintain backup electricity for their telecommunications infrastructure sufficient to maintain telecommunications service for at least 72 hours, except as provided in subdivision (c).(c)In developing and implementing backup electricity rules pursuant to subdivision (b), the commission shall consider best practices, the feasibility of the rules, and stakeholder input. In considering best practices and feasibility, the commission may authorize, in appropriate circumstances, providers of telecommunications service to maintain backup electricity for their telecommunications infrastructure sufficient to maintain telecommunications service for less than 72 hours.(d)This section does not require the commission to modify the communications resiliency requirements adopted in commission Decision 20-07-011 (July 16, 2020), Decision Adopting Wireless Provider Resiliency Strategies, or Decision 21-02-029 (February 11, 2021), Decision Adopting Wireline Provider Resiliency Strategies.(e)As part of a new or existing proceeding, the commission shall develop and implement rules to conduct random annual facility checks to verify that providers of telecommunications service are in compliance with the backup electricity rules developed pursuant to this section. The rules shall annually require at least 12 random facility checks throughout the state that are equitably distributed by region and among providers of telecommunications service.(f)The commission may adopt rules governing fines, if any, or other remedial actions applicable to a provider of telecommunications service that is out of compliance with the backup electricity rules developed pursuant to this section, other applicable backup electricity requirements, or the providers resiliency plan.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.(a)For purposes of this section, telecommunications service has the same meaning as defined in Section 2892.1, but does not include voice communication provided by a provider of satellite telephone service.
(b)As part of a new or existing proceeding, the commission, in consultation with the Office of Emergency Services, shall develop and implement backup electricity rules to require providers of telecommunications service to submit resiliency plans to maintain backup electricity for their telecommunications infrastructure sufficient to maintain telecommunications service for at least 72 hours, except as provided in subdivision (c).
(c)In developing and implementing backup electricity rules pursuant to subdivision (b), the commission shall consider best practices, the feasibility of the rules, and stakeholder input. In considering best practices and feasibility, the commission may authorize, in appropriate circumstances, providers of telecommunications service to maintain backup electricity for their telecommunications infrastructure sufficient to maintain telecommunications service for less than 72 hours.
(d)This section does not require the commission to modify the communications resiliency requirements adopted in commission Decision 20-07-011 (July 16, 2020), Decision Adopting Wireless Provider Resiliency Strategies, or Decision 21-02-029 (February 11, 2021), Decision Adopting Wireline Provider Resiliency Strategies.
(e)As part of a new or existing proceeding, the commission shall develop and implement rules to conduct random annual facility checks to verify that providers of telecommunications service are in compliance with the backup electricity rules developed pursuant to this section. The rules shall annually require at least 12 random facility checks throughout the state that are equitably distributed by region and among providers of telecommunications service.
(f)The commission may adopt rules governing fines, if any, or other remedial actions applicable to a provider of telecommunications service that is out of compliance with the backup electricity rules developed pursuant to this section, other applicable backup electricity requirements, or the providers resiliency plan.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SECTION 1.Section 2889.3 of the Public Utilities Code is amended to read:2889.3.(a)(1)Before a telephone corporation withdraws from the business of providing interexchange services to all of its customers or to an entire class of its customers, the telephone corporation or a person, firm, or corporation representing the telephone corporation shall provide those affected customers with a written notice at least 30 days before the proposed transfer of those customers to another telephone corporation. The notice shall include all of the following:(A)A straightforward description of the proposed transfer.(B)All applicable rates, terms, and conditions of the new service.(C)A statement of the customers right to transfer to another telephone corporation.(D)A toll-free customer service telephone number for the purpose of responding to customers questions.(2)A transfer of customer services shall be effectuated without charge.(b)Subdivision (a) does not apply when the telephone corporation has entered into a written contract with the customer and when the change in telephone corporation results in no rate increase for the customer.(a)(1)Before a telephone corporation exits withdraws from the business of providing interexchange services to all of its customers or to an entire class of its customers, the telephone corporation or any a person, firm, or corporation representing the telephone corporation, corporation shall provide those affected customers with a written notice at least 30 days prior to before the proposed transfer of those customers to another telephone corporation. The notice shall include all of the following:
(A)A straightforward description of the proposed transfer.
(B)All applicable rates, terms, and conditions of the new service.
(C)A statement of the customers right to transfer to another telephone corporation.
(D)A toll-free customer service telephone number for the purpose of responding to customers questions.
(2)Any A transfer of customer services shall be effectuated without charge.
(b)Subdivision (a) does not apply when the telephone corporation has entered into a written contract with the customer and when the change in telephone corporation results in no rate increase for the customer.
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Date
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Status
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|---|---|
| Sep 27, 2024 | Chaptered by Secretary of State - Chapter 740, Statutes of 2024. |
| Sep 27, 2024 | Approved by the Governor. |
| Sep 5, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 27, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.). |
| Aug 27, 2024 | Assembly Rule 77 suspended. |
| Aug 26, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77. |
| Aug 26, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.). |
| Aug 6, 2024 | Read second time. Ordered to third reading. |
| Aug 5, 2024 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 20, 2024 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 19, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (June 18). |
| May 29, 2024 | Referred to Com. on E., U. & C. |
| May 22, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 21, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0. Page 5445.) |
| May 16, 2024 | Read second time. Ordered to Consent Calendar. |
| May 15, 2024 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 15). |
| Apr 16, 2024 | Re-referred to Com. on APPR. |
| Apr 15, 2024 | Read second time and amended. |
| Apr 11, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 10). |
| Mar 12, 2024 | Re-referred to Com. on C. & C. |
| Mar 11, 2024 | Referred to Com. on C. & C. |
| Mar 11, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on C. & C. Read second time and amended. |
| Feb 16, 2024 | From printer. May be heard in committee March 17. |
| Feb 15, 2024 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 27, 2024 | AB 2765 Pellerin Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Aug 26, 2024 | Assembly 3rd Reading AB2765 Pellerin By Ashby | Senate Floor |
Passed |
|
| Jun 18, 2024 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Energy, Utilities and Communications |
Passed |
|
| May 21, 2024 | AB 2765 Pellerin Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 15, 2024 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 10, 2024 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Communications and Conveyance |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
|
Position
|
Date
|
|---|---|---|
| CalBroadband | * Against | Apr 10, 2024 |
| CalChamber | ** Against | |
| CalCom | * Against | Apr 10, 2024 |
| Communications Workers of America, District 9 | ** Support | |
| CTIA | ** Against | |
| The Utility Reform Network | ** Support | |
| United States Telecom Association Dba Ustelecom The Broadband Association | ** Against |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2765
Author:(Pellerin)
As Amended Ver:June 20, 2024
Majority vote
SUMMARY
This bill requires the California Public Utilities Commission (CPUC) to annually report, as part of an existing report, to the Governor and Legislature on audits and inspections of telecommunications providers' compliance with CPUC backup power requirements.
Senate Amendments
- Specify that the information must include the total number of violations identified by the commission in the prior year and a summary of enforcement actions taken for those violations.
COMMENTS
- Telecommunications providers are required to maintain backup power for communications network resiliency. Given recent failures of the communications network and negative impact to public safety, in 2020 and 2021 the CPUC adopted two decision establishing rules for wireless and wireline communications provider resiliency strategies. The decisions were applicable to wireline and wireless providers respectively, but had in common six groups of resiliency strategies for providers with facilities located in Tier 2 and Tier 3 High-Fire Threat Districts. Among the six groups of strategies, among the most notable was a requirement placed on providers to implement 72-hour back-up power to support essential communications equipment and minimum service levels for the public. Additionally, under the decisions the providers were required to annually submit communications resiliency plans to the CPUC for approval. The communications resiliency plans are required to describe a provider's ability to maintain minimum service coverage for 100% of customers, in the event of an electric grid outage. Additionally, the plan must include a summary of facilities with and without battery backup, fixed generator, and mobile generator hookups; the number of mobile generators and refueling trucks and specify which are stationed in California; a description of the provider's ability to replace damaged facilities; and information about refueling. Following adoption of the CPUC decisions, the Legislature codified the backup power requirement through SB 341 (McGuire. Chapter 425, Statutes of 2021). While current law and regulations require the backup power, the providers' compliance with those requirements is not regularly reported to the Legislature in a formalized manner.
- This bill requires the information to be included in the CPUC Annual Report. Existing law requires the CPUC submit a report to the Legislature and Governor that contains specified information about the CPUC's operations, regulations, performance, outcomes, and similar information. Under the provisions of this bill, the CPUC would additionally be required to report on audits and inspections of telecommunications providers' compliance with CPUC backup power requirements.
According to the Author
"In the event of an emergency, the ability for fleeing residents to make phone calls and receive emergency notifications can quickly become a lifeline. AB 2765 will require that the Public Utilities Commission's annual report to the Legislature includes aggregate information about backup power rule violations and the CPUC's actions taken to address those violations. With this information we can better hold accountable those providers who are not complying with their power resiliency requirements."
Arguments in Support
Supporters of the bill argue that AB 2765 would support the efforts of the Legislature to improve public safety communications by requiring the CPUC to provide a description of the audits and inspections conducted to ensure compliance with the commission's backup electricity rules for providers of telecommunications service, including, but not limited to, a list of any violations identified, and any actions taken to correct the violations.
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee the costs to the CPUC should be minor and absorbable.
VOTES:
ASM COMMUNICATIONS AND CONVEYANCE: 11-0-0
YES: Boerner, Jim Patterson, Bonta, Davies, Garcia, Holden, Hoover, Maienschein, Stephanie Nguyen, Luz Rivas, Rodriguez
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ASSEMBLY FLOOR: 71-0-9
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Papan, Luz Rivas
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
UPDATED
VERSION: June 20, 2024
CONSULTANT: Emilio Perez / C. & C. / (916) 319-2637 FN: 0004758
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2765 |
THIRD READING
Bill No: AB 2765
Author: Pellerin (D)
Amended: 6/20/24 in Senate
Vote: 21
SENATE ENERGY, U. & C. COMMITTEE: 17-0, 6/18/24
AYES: Bradford, Ashby, Becker, Caballero, Dodd, Durazo, Eggman, Gonzalez, Grove, Limón, Min, Newman, Rubio, Seyarto, Skinner, Stern, Wilk
NO VOTE RECORDED: Dahle
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 71-0, 5/21/24 (Consent) - See last page for vote
SUBJECT: Public Utilities Commission: reports: telecommunications service: backup electricity
SOURCE: Communications Workers of America, District 9
The Utility Reform Network
DIGEST:
This bill requires the California Public Utilities Commission (CPUC) to annually report to the Governor and Legislature on audits and inspections of telecommunications providers’ compliance with CPUC backup power requirements.
ANALYSIS:
Existing law:
- Authorizes the CPUC to regulate public utilities, including the infrastructure of those utilities. Existing law requires every utility to maintain adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities, including telephone facilities as needed to ensure the safety, health, comfort, and convenience of its patrons, employees, and the public. (Public Utilities Code §451)
- Requires the CPUC to develop and implement backup power rules directing telecommunications providers to submit plans to maintain backup power for their infrastructure to ensure that telecommunications services can sustain operations for at least 72 hours in the event of an electric power outage. (Public Utilities Code §776.2)
- Establishes annual reporting requirements for the CPUC, including requiring the CPUC to annually submit a report to the Legislature and Governor by February 1, containing all of the following:
- A workplan that details scheduled proceedings and decisions the CPUC may consider during the calendar year.
- Performance criteria of the CPUC and its executive director and an evaluation of the CPUC and executive director based on the prior year’s workplan.
- An accounting of the CPUC’s transactions and proceedings from the prior year.
- A summary of activities taken to solicit input from diverse regions of the state in rate-setting and quasi-legislative proceedings.
- A list of public meetings held outside San Francisco in the prior year, and a schedule of meetings to be held outside San Francisco in the upcoming year.
- A list of actions the CPUC has taken to address telecommunications outages impacting 9-1-1 services, a summary of deenergization event trends and the effect of deenergization events on telecommunications service and public safety, and an analysis of how the impacts of deenergization events on telecommunications service could be mitigated. (Public Utilities Code §910)
- Requires the CPUC to publish this annual report on its website, as specified. (Public Utilities Code §910)
This bill:
- Expands the information that the CPUC must include in its annual report to the Governor and Legislature to include a description of the audits and inspections the CPUC conducted to ensure compliance with its backup power rules for telecommunications services.
- Specifies that this description must include the total number of violations identified by the CPUC in the prior year, aggregated by company, and a summary of enforcement actions taken for those violations.
Background
- A brief history of the CPUC’s backup power rules. Between 2017 and 2020, telecommunications outages stemming from catastrophic wildfires and electric utility deenergization events had major impacts on 9-1-1 and emergency alert services. In response to these events, the Senate Committee on Energy, Utilities and Communications held an oversight hearing in January 2020 to discuss the causes, impacts, and opportunities to address these telecommunications outages. Following this hearing, the CPUC adopted the following decisions establishing backup power requirements for telecommunications facilities:
- D.20-07-011 requires facility-based wireless telecommunications providers to file communications resiliency plans, which must identify certain steps providers will take to maintain service during outages and restore service after outages. The decision also required wireless providers to ensure that their facilities have sufficient backup power in the Tier 2 and Tier 3 fire threat areas to operate for 72 hours in the event of a power outage.
- D.21-02-029 requires wireline telecommunications providers, including VoIP providers, to file communications resiliency plans detailing the steps providers will take to maintain service during emergencies and restore service from outages. The decision also adopted a 72-hour backup power standard for certain wireline telecommunications facilities in Tier 2 and Tier 3 fire threat areas.
The Legislature also passed SB 341 (McGuire, Chapter 425, Statutes of 2021), which codified the CPUC’s authority to require 72 hours of backup power for certain telecommunications facilities.
Following the CPUC’s adoption of these backup power requirements, facilities-based telecommunications providers submitted advice letters detailing the status of their backup power deployment and procedures for ensuring greater service resiliency in emergencies.
- Who will watch the watcher? This bill is aimed at establishing an oversight mechanism for the CPUC’s backup power requirements. However, the CPUC has already established a process for conducting audits and oversight visits to ensure compliance with the CPUC’s backup power rules. This bill requires the CPUC’s annual report to the Legislature and Governor to include data about companies’ violations of telecommunications backup power rules and a summary of enforcement actions taken for those violations. This information may enable the Legislature to identify those companies that have an unusual pattern of violations, but enforcement duties would remain with the CPUC.
Related/Prior Legislation
SB 341 (McGuire, Chapter 425, Statutes of 2021) required CPUC to establish resiliency plans for backup power requirements for certain telecommunications providers to ensure that service can be maintained for at least 72 hours during an electrical outage. The bill also required certain telecommunications providers to establish and maintain public outage maps on their websites, and it required Office of Emergency Services to adopt requirements for public outage maps established and maintained by telecommunications providers.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/5/24)
Communications Workers of America, District 9 (co-source)
The Utility Reform Network (co-source)
OPPOSITION: (Verified 8/5/24)
None received
ARGUMENTS IN SUPPORT: According to the author:
In the event of an emergency, the ability for fleeing residents to make phone calls and receive emergency notifications can quickly become a lifeline. Considering this in 2021, the Legislature directed the Public Utilities Commission to establish requirements for telecommunications providers to submit resiliency plans for maintaining backup electricity for telecommunication facilities for at least 72 hours during an emergency. However there is no clear oversight mechanism to ensure compliance with these resiliency plans. AB 2765 will establish oversight by requiring the Public Utilities Commission to publish the findings of their inspections of back-up power facilities across California.
ASSEMBLY FLOOR: 71-0, 5/21/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Papan, Luz Rivas
Prepared by: Sarah Smith / E., U. & C. / (916) 651-4107
8/7/24 13:38:37
**** END ****
SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS
Senator Steven Bradford, Chair
2023 - 2024 Regular
Bill No: AB 2765 Hearing Date: 6/18/2024
Author: | Pellerin | ||
Version: | 4/15/2024 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Sarah Smith | ||
SUBJECT: Public Utilities Commission: reports: telecommunications service: backup electricity
DIGEST: This bill requires the California Public Utilities Commission (CPUC) to annually report to the Governor and Legislature on audits and inspections of telecommunications providers’ compliance with CPUC backup power requirements.
ANALYSIS:
Existing law:
- Authorizes the CPUC to regulate public utilities, including the infrastructure of those utilities. Existing law requires every utility to maintain adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities, including telephone facilities as needed to ensure the safety, health, comfort, and convenience of its patrons, employees, and the public. (Public Utilities Code §451)
- Requires the CPUC to develop and implement backup power rules directing telecommunications providers to submit plans to maintain backup power for their infrastructure to ensure that telecommunications services can sustain operations for at least 72 hours in the event of an electric power outage. (Public Utilities Code §776.2)
- Establishes annual reporting requirements for the CPUC, including requiring the CPUC to annually submit a report to the Legislature and Governor by February 1, containing all of the following:
- A workplan that details scheduled proceedings and decisions the CPUC may consider during the calendar year.
- Performance criteria of the CPUC and its executive director and an evaluation of the CPUC and executive director based on the prior year’s workplan.
- An accounting of the CPUC’s transactions and proceedings from the prior year.
- A summary of activities taken to solicit input from diverse regions of the state in rate-setting and quasi-legislative proceedings.
- A list of public meetings held outside San Francisco in the prior year, and a schedule of meetings to be held outside San Francisco in the upcoming year.
- A list of actions the CPUC has taken to address telecommunications outages impacting 9-1-1 services, a summary of deenergization event trends and the effect of deenergization events on telecommunications service and public safety, and an analysis of how the impacts of deenergization events on telecommunications service could be mitigated. (Public Utilities Code §910)
- Requires the CPUC to publish this annual report on its website, as specified. (Public Utilities Code §910)
This bill:
- Expands the information that the CPUC must include in its annual report to the Governor and Legislature to include a description of the audits and inspections the CPUC conducted to ensure compliance with its backup power rules for telecommunications services.
- Specifies that this description must include a list of violations identified and any corrective action taken for those violations.
Background
A brief history of the CPUC’s backup power rules. Between 2017 and 2020, telecommunications outages stemming from catastrophic wildfires and electric utility deenergization events had major impacts on 9-1-1 and emergency alert services. In response to these events, the Senate Committee on Energy, Utilities and Communications held an oversight hearing in January 2020 to discuss the causes, impacts, and opportunities to address these telecommunications outages. Following this hearing, the CPUC adopted the following decisions establishing backup power requirements for telecommunications facilities:
- D.20-07-011 requires facility-based wireless telecommunications providers to file communications resiliency plans, which must identify certain steps providers will take to maintain service during outages and restore service after outages. The decision also required wireless providers to ensure that their facilities have sufficient backup power in the Tier 2 and Tier 3 fire threat areas to operate for 72 hours in the event of a power outage.
- D.21-02-029 requires wireline telecommunications providers, including VoIP providers, to file communications resiliency plans detailing the steps providers will take to maintain service during emergencies and restore service from outages. The decision also adopted a 72-hour backup power standard for certain wireline telecommunications facilities in Tier 2 and Tier 3 fire threat areas.
The Legislature also passed SB 341 (McGuire, Chapter 425, Statutes of 2021), which codified the CPUC’s authority to require 72 hours of backup power for certain telecommunications facilities.
Following the CPUC’s adoption of these backup power requirements, facilities-based telecommunications providers submitted advice letters detailing the status of their backup power deployment and procedures for ensuring greater service resiliency in emergencies.
Need for Bill? This bill is aimed at establishing an oversight mechanism for the CPUC’s backup power requirements. However, the CPUC has already established a process for conducting audits and oversight visits. This bill would require the CPUC’s annual report to the Legislature and Governor to include specific information about each violation of its backup power rules and the CPUC’s actions taken to address those violations. It is unclear whether indefinite annual legislative reporting of each violation and corrective action is necessary or beneficial to enabling effective legislative oversight or compliance with CPUC rules.
Need for Amendments. As currently written, this bill requires a list of violations that may entail disclosures about the location of sensitive telecommunications infrastructure. Additionally, the list required by this bill may not help identify trends in compliance that would warrant further legislative oversight. To the extent that the committee and author wish to maintain the safety of critical infrastructure and ensure that information reported to the Legislature is provided in a format that enables consistent year-over-year evaluation, the author and committee may wish to amend this bill to clarify that the CPUC should report any violations on an aggregated basis by company.
Prior/Related Legislation
SB 341 (McGuire, Chapter 425, Statutes of 2021) required CPUC to establish resiliency plans for backup power requirements for certain telecommunications providers to ensure that service can be maintained for at least 72 hours during an electrical outage. The bill also requires certain telecommunications providers to establish and maintain public outage maps on their websites, and it requires Office of Emergency Services to adopt requirements for public outage maps established and maintained by telecommunications providers.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT:
The Utility Reform Network, Sponsor
OPPOSITION:
None recieved
ARGUMENTS IN SUPPORT: According to the author:
In the event of an emergency, the ability for fleeing residents to make phone calls and receive emergency notifications can quickly become a lifeline. Considering this in 2021, the Legislature directed the Public Utilities Commission to establish requirements for telecommunications providers to submit resiliency plans for maintaining backup electricity for telecommunication facilities for at least 72 hours during an emergency. However there is no clear oversight mechanism to ensure compliance with these resiliency plans. AB 2765 will establish oversight by requiring the Public Utilities Commission to publish the findings of their inspections of back-up power facilities across California.
-- END --
Date of Hearing: May 15, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2765
Author:(Pellerin) – As Amended Ver:April 15, 2024
Policy Committee: | Communications and Conveyance | Vote: | 11 - 0 |
|
| ||
|
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the California Public Utilities Commission (CPUC) include the following in its annual report, which existing statute requires the CPUC to provide to the Governor and the Legislature by February 1 of each year: a description of the audits and inspections conducted to ensure compliance with the commission’s backup electricity rules for providers of telecommunications service, including, but not limited to, a list of violations identified, if any, and actions taken to correct those violations.
FISCAL EFFECT:
Costs to the CPUC should be minor and absorbable.
COMMENTS:
- Purpose. The author contends there is “no clear oversight mechanism” to ensure telecommunications providers are complying with the CPUC’s requirements to maintain backup electricity for telecommunications facilities and assert this bill will establish such oversight.
- Background. Prompted by SB 341 (McGuire) Chapter 425, Statutes of 2021, the CPUC requires providers of telecommunications service to submit resiliency plans to maintain backup electricity for their telecommunications infrastructure sufficient to maintain telecommunications service for at least 72 hours. In addition, the CPUC audits and inspects telecommunications service providers for compliance with its rules. This bill would centralize reporting of the CPUC’s activity and the industry’s compliance with CPUC rules, thereby enabling oversight by the Legislature.
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: April 10, 2024
ASSEMBLY COMMITTEE ON COMMUNICATIONS AND CONVEYANCE
Tasha Boerner, Chair
ABPCA Bill Id:AB 2765 (
Author:Pellerin) – As Amended Ver:March 11, 2024
SUBJECT: Telecommunications services: backup electricity: verification
SUMMARY: This bill would require the California Public Utilities Commission (CPUC) to develop and implement rules to conduct random annual facility checks to verify that providers of telecommunications service are in compliance with their plans submitted to and approved by the commission regarding backup electricity for telecommunications infrastructure.
Specifically, this bill:
- Requires the CPUC to develop the rules in a new or existing proceeding.
- Requires the CPUC to adopt rules that annually require 12 random facility checks throughout the state that are equitably distributed by region and among provider of telecommunications service.
- Clarifies that the CPUC may adopt rules governing fines or other remedial actions.
EXISTING LAW:
- Provides that the CPUC’ has authority over public utilities, including oversight of both public utility services and facilities. [California Constitution Art. XII, §3; Public Utilities Code §701]
- Defines a “public utility” to include telephone corporations. [Public Utilities Code § 216(a)]
- Vests the CPUC with the power to establish rules, hold various types of hearings, punish for contempt, and establish its own procedures. (California Constitution, Article XII)
- Vests the Legislature with plenary power to confer additional authority and jurisdiction to the CPUC. (California Constitution, Article XII)
- Vests the CPUC with the authority to adopt and enforce fines and penalties for failure to comply with the Constitution or any order, decision, decree, rule, direction, demand, or requirement of the commission. (Public Utilities Code § 2107-2109)
- Requires the CPUC to ensure that utilities, including telephone corporations, “furnish and maintain such adequate, efficient, just and reasonable service, instrumentalities, equipment, and facilities … as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public.” [Public Utilities Code § 451]
- Vests the CPUC with an ongoing responsibility to ensure the reasonableness and sufficiency of utility facilities; and may order “additions, extensions, repairs, or improvements to, or changes in” utility facilities that the Commission finds “ought reasonably to be made.” [Public Utilities Code §761-762]
- Requires the CPUC to identify backup power systems needed for telecommunications facilities, not on customers’ premises. Existing law authorizes the CPUC to set performance reliability standards for telecommunications backup power, subject to best practices and feasibility. (Public Utilities Code §2892.1(b-e))
- Requires the CPUC, in consultation with the Office of Emergency Services (OES), to develop and implement backup electricity rules to require providers of telecommunications service to submit resiliency plans to maintain backup electricity for their telecommunications infrastructure sufficient to maintain telecommunications service for at least 72 hours. (Public Utilities Code § 776.2)
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.
COMMENTS:
- Author’s Statement. According to the author “In the event of an emergency, the ability for fleeing residents to make phone calls and receive emergency notifications can quickly become a lifeline. Considering this in 2021, the Legislature directed the Public Utilities Commission to establish requirements for telecommunications providers to submit resiliency plans for maintaining backup electricity for telecommunication facilities for at least 72 hours during an emergency. However there is no clear oversight mechanism to ensure compliance with these resiliency plans. AB 2765 will establish oversight by requiring the Public Utilities Commission to randomly inspect back-up power generators across California in order to verify compliance of telecommunication facilities to their backup power resilience plans.”
- The resiliency of the communications network is a public safety issue. The failures of California’s communication network in recent years, caused in part by historically destructive wildfires in 2017, 2018, 2019, as well as public-safety power-shutoffs (PSPS) initiated by California’s large investor-owned utilities, demonstrated the importance of a resilient communications network. During widespread outages of the wireless and wireline communications network in affected areas, public safety was negatively impacted when first responders were unable to reliably communicate with each other and vulnerable California residents were unable to access 9-1-1 services. Proper maintenance of infrastructure, including reliable backup power, is critical in these types of catastrophic events for purposes of alerting citizens to hazards, reaching emergency services through 9-1-1, or receiving orders to evacuate. Without access to reliable communications, especially in an emergency situation, first responders and vulnerable Californians may be left stranded in life and death situations. For these reasons, it is clear that the resiliency of the communications network is a public safety issue that must be preserved in order to protect safety, health, and convenience of California residents.
- Providers are required to maintain backup power for communications network resiliency and submit communications resiliency plans to the CPUC. Given the failures of the communications network and negative impact to public safety, in 2020 and 2021 the CPUC adopted two decision establishing rules for wireless and wireline communications provider resiliency strategies. The decisions were applicable to wireline and wireless providers respectively, but had in common six groups of resiliency strategies for providers with facilities located in Tier 2 and Tier 3 High-Fire Threat Districts. Among the six groups of strategies, among the most notable was a requirement placed on providers to implement 72-hour back-up power to support essential communications equipment and minimum service levels for the public. Additionally, under the decisions the providers were required to annually submit communications resiliency plans to the CPUC for approval. The communications resiliency plans are required to describe a provider’s ability to maintain minimum service coverage for 100% of customers, in the event of an electric grid outage. Additionally, the plan must include a summary of facilities with and without battery backup, fixed generator, and mobile generator hookups; the number of mobile generators and refueling trucks and specify which are stationed in California; a description of the provider’s ability to replace damaged facilities; and information about refueling. Following adoption of the CPUC decisions, the Legislature codified the backup power requirement through SB 341 (McGuire. Chapter 425, Statutes of 2021).
- The CPUC already conducts inspections to ensure compliance with its rules. Under existing law, including the California Constitution, the CPUC has the authority to ensure compliance with and enforce its own decisions including through inspections, audits, and fines. The CPUC uses that authority to investigate alleged violations of the Public Utilities Code, CPUC regulations, and other California statutes involving stationary utilities, including telephone (both wireline and wireless), electric, gas and water companies. These investigations generally involve consumer fraud, marketing abuse and other utility misconduct. Specifically, the staff of the Utilities Enforcement Branch (UEB) of the Consumer Protection and Enforcement Division (CPED) within the CPUC are tasked with enforcing state and other related regulations. According to the CPUC, the UEB staff have been involved in levying over $456 million in fines and restitution from 2004 through February 2024 across the utilities it regulates. As the CPUC’s existing authority relates to enforcement of the backup power decisions and communications resiliency plans, the CPUC reports that its staff have already completed over 50 facility checks since the wireline resiliency decisions were adopted by the CPUC.
- Evaluating the impact of this legislation. This bill would require the CPUC to adopt rules requiring at least 12 random facility checks throughout the state to ensure compliance. Given that the CPUC has been actively enforcing its decisions through compliance checks, even beyond the minimum number of 12 proposed under this bill, it is unclear if this bill would make a significant difference in the CPUC’s operations. Regardless, because this bill would require the CPUC to adopt specific rules on enforcement of the resiliency decisions, the CPUC would be required to reopen an existing proceeding or initiate a new proceeding to adopt those rules. The rulemaking process would require new rounds of public comment, wherein some parties could potentially advocate for any number of inspections beyond 12. Additionally, parties would be required to provide evidence to support their claims on the proper number of inspections per year. For example, it is plausible that some parties may advocate for the CPUC to conduct 50 annual inspections per year because that is what they’ve already been doing. On the other hand, the regulated industries may advocate for a maximum of 12 inspections per year to reduce the burden on their operations. In reaching a decision about the rules, the CPUC would need to consider the reasonableness of the frequency of the inspections face-to-face with other considerations such as the commission’s staffing resources to follow the decision, but it is open ended what the final decision would be. In turn, it’s difficult to predict whether the final rules would be weaker or stronger than the existing practice. Nonetheless, the random inspections are already happening.
- Related/prior legislation.
- SB 1152 (Limon) of this session would require the State Fire Marshal to propose updates to the fire standards relating to requirements for lead-acid and nickel-cadmium battery systems. These types of batteries are used in some backup power system that providers are interested in deploying. The bill is pending in the Senate.
- SB 341 (McGuire. Chapter 425, Statutes of 2021), among other things, required the CPUC to adopt and implement backup power rules for providers of telecommunications service.
- AB 2421 (Quirk. Chapter 225, Statutes of 2020) required, only until January 1, 2024, expedited permitting of emergency standby generators for macro cell towers. The provisions of the bill are no longer in effect.
- Committee Amendments. Given that the inspections required by this bill are already happening but there seems to be a lack of public awareness about the outcomes, the author may wish to amend this bill to instead require the CPUC to report on these inspections in their existing annual report submitted to the Legislature.
REGISTERED SUPPORT / OPPOSITION:
Support
The Utility Reform Network (TURN)
Opposition
Calbroadband
Calchamber
Calcom Association
CTIA
United States Telecom Association Dba Ustelecom - the Broadband Association
Analysis Prepared by: Emilio Perez / C. & C. / (916) 319-2637
Discussed in Hearing
47SEC
Assembly Floor
1MIN
Senate Floor
3MIN
Senate Standing Committee on Energy, Utilities and Communications
5MIN
Assembly Standing Committee on Communications and Conveyance
Bill Author
Bill Co-Author(s):