SB 332: Investor-Owned Utilities Accountability Act.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-07-14
Current Status:
In Progress
(2025-08-29: August 29 hearing: Held in committee and under submission.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
(1)Existing law vests the State Energy Resources Conservation and Development Commission (Energy Commission) with various responsibilities for developing and implementing the states energy policies.
This bill would require the Energy Commission to select a research institute, as defined, to conduct a comparative analysis of the benefits and challenges of transitioning the electrical corporations to a public entity, nonprofit public benefit corporation, or mutual benefit corporation in order to identify a recommended model, as provided. The bill would require the research institute to complete the analysis on or before January 1, 2029, and, upon completion, to submit the analysis to the Legislature and the Energy Commission. The bill would require the Energy Commission to make a draft of the analysis available to the public for comment before submitting the final draft to the Legislature, and would limit the cost of conducting the analysis to $5,000,000.
This bill would require the research institute to conduct the first phase of the comparative analysis and to submit an interim report, on or before December 31, 2026, to the Energy Commission on threshold legal issues, as provided. The bill would require the Energy Commission to convene a group of state attorneys from the legal departments of state agencies that regulate electrical corporations to advise the research institute on the first phase of the comparative analysis, as specified.
This bill would, upon completion of the analysis by the research institute, require the Energy Commission to present the analysis at a publicly noticed business meeting on or before September 30, 2029.
(2)Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations and gas corporations, while local publicly owned utilities are under the direction of their governing boards. Existing law prohibits an electrical corporation, gas corporation, or water corporation from terminating a customers residential service for nonpayment of a delinquent account in certain circumstances, including, among other circumstances, unless the corporation first gives notice to the customer of the delinquency and impending termination, during the pendency of an investigation by the corporation of the customers dispute or complaint, or when the customer has been granted an extension of the period for payment of a bill.
This bill would require a utility, including an electrical corporation, local publicly owned electric utility, gas corporation, and local publicly owned gas utility, to quarterly each electrical corporation and gas corporation, on or before March 1, 2026, and each local publically owned electric utility, on or before March 1, 2027, and annually thereafter, to post specified information concerning termination terminations of service due to nonpayment on their respective internet websites, as provided.
(3)Existing law prohibits an electrical corporation from recovering from ratepayers an annual salary, bonus, benefit, or other consideration of any value paid to an officer of the electrical corporation, and requires that compensation to instead be funded solely by shareholders of the electrical corporation.This bill would require each electrical corporation, on or before April 1, 2026, to submit a proposed executive compensation structure to the PUC that is structured to promote safety as a priority and to ensure public safety through performance metrics, as provided.(4)Existing law requires each electrical corporation to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment.This bill would require each electrical corporation to triennially contract with an independent and reputable third party to audit all of the electrical corporations equipment and electrical lines and identify any equipment or electrical lines that have reached their end of life. The bill would require the audit to be completed in alignment with the wildfire mitigation plan cycle, as specified. The bill would require the PUC to assess fines on an electrical corporation that fails to comply with these provisions, as specified. This bill would require the PUC to develop a best value procurement model in a new or existing proceeding for use in the procurement of equipment and materials for electrical corporation infrastructure projects that compares the costs and benefits of potential supplies, as provided.(5)(3)Existing law requires the Director of the Office of Energy Infrastructure Safety to issue a safety certification that is valid for 12 months after the date of issuance to an electrical corporation if the electrical corporation provides documentation that it is meeting certain requirements and the office that it has an approved the executive incentive compensation structure of the electrical corporation. that is structured to promote safety as a priority and to ensure public safety and utility financial stability with performance metrics, as specified.
This bill would additionally require that the electrical corporations executive incentive compensation structure is structured to ensure ratepayer affordability, as provided. The bill would also require, for purposes of the safety certification, that documentation related to compensation include specified dollar amounts.
Existing law requires the PUC to develop policies, rules, or regulations with a goal of reducing the statewide level of gas and electrical service disconnections for nonpayment by residential customers, as specified. Existing law requires the PUC to include in an annual report to the Legislature information on residential and household gas and electrical service disconnections, disaggregated by certain customer categories.
This bill would require the PUC to provide any public nonconfidential data collected pursuant to the above-described provisions to the Office of Energy Infrastructure Safety for the purpose of reviewing ratepayer affordability when assessing executive compensation under the above-described provisions.
(6)(4)Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime.
Because certain provisions of this bill would be part of the act and a violation of a PUC action implementing the bills requirements would be a crime, the bill would impose a state-mandated local program.
In addition, to the extent the bill would impose new requirements on local publicly owned utilities, 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.
(1)Existing law vests the State Energy Resources Conservation and Development Commission (Energy Commission) with various responsibilities for developing and implementing the states energy policies.
This bill would require the Energy Commission to select a research institute, as defined, to conduct a comparative analysis of the benefits and challenges of transitioning the electrical corporations to a public entity, nonprofit public benefit corporation, or mutual benefit corporation in order to identify a recommended model, as provided. The bill would require the research institute to complete the analysis on or before January 1, 2029, and, upon completion, to submit the analysis to the Legislature and the Energy Commission. The bill would require the Energy Commission to make a draft of the analysis available to the public for comment before submitting the final draft to the Legislature, and would limit the cost of conducting the analysis to $5,000,000.
This bill would, upon completion of the analysis by the research institute, require the Energy Commission to present the analysis at a publicly noticed business meeting on or before September 30, 2029.
(2)Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations and gas corporations, while local publicly owned utilities are under the direction of their governing boards. Existing law prohibits an electrical corporation, gas corporation, or water corporation from terminating a customers residential service for nonpayment of a delinquent account in certain circumstances, including, among other circumstances, unless the corporation first gives notice to the customer of the delinquency and impending termination, during the pendency of an investigation by the corporation of the customers dispute or complaint, or when the customer has been granted an extension of the period for payment of a bill.
This bill would require a utility, including an electrical corporation, local publicly owned electric utility, gas corporation, and local publicly owned gas utility, to quarterly post specified information concerning termination of service due to nonpayment on their respective internet websites, as provided.
(3)Existing law prohibits an electrical corporation from recovering from ratepayers an annual salary, bonus, benefit, or other consideration of any value paid to an officer of the electrical corporation, and requires that compensation to instead be funded solely by shareholders of the electrical corporation.
This bill would require each electrical corporation, on or before April 1, 2026, to submit a proposed executive compensation structure to the PUC that is structured to promote safety as a priority and to ensure public safety through performance metrics, as provided.
(4)Existing law requires each electrical corporation to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment.
This bill would require each electrical corporation to triennially contract with an independent and reputable third party to audit all of the electrical corporations equipment and electrical lines and identify any equipment or electrical lines that have reached their end of life. The bill would require the audit to be completed in alignment with the wildfire mitigation plan cycle, as specified. The bill would require an electrical corporation to replace any equipment or electrical lines identified by the third-party auditor that are located in a high fire-threat district within 5 years, as provided. The bill would require the PUC to assess fines on an electrical corporation that fails to comply with these provisions, as specified.
This bill would require the PUC to develop a best value procurement model in a new or existing proceeding for use in the procurement of equipment and materials for electrical corporation infrastructure projects that compares the costs and benefits of potential supplies, as provided.
(5)Existing law requires the PUC to establish an expedited utility distribution infrastructure undergrounding program and provides that only large electrical corporations may participate in the program.This bill would require, after an emergency or disaster in which an electrical corporations electrical infrastructure was destroyed, if the electrical corporation rebuilds the destroyed electrical infrastructure, the electrical corporation to use the most cost-effective wildfire mitigation strategies that conform to state and industry safety standards for electrical equipment and that minimize the risk of catastrophic wildfire as quickly as possible, including consideration of undergrounding and covered conductor methods, to the extent applicable. The bill would only authorize those costs that the commission finds to be just and reasonable to be recovered from ratepayers.(5)Existing law requires the Director of the Office of Energy Infrastructure Safety to issue a safety certification that is valid for 12 months after the date of issuance to an electrical corporation if the electrical corporation provides documentation that it is meeting certain requirements and the office has approved the compensation structure of the electrical corporation.
This bill would additionally require, for purposes of the safety certification, that documentation related to compensation include specified dollar amounts.
(6)Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime.
Because certain provisions of this bill would be part of the act and a violation of a PUC action implementing the bills requirements would be a crime, the bill would impose a state-mandated local program.
In addition, to the extent the bill would impose new requirements on local publicly owned utilities, 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.
(1)Existing law vests the State Energy Resources Conservation and Development Commission (Energy Commission) with various responsibilities for developing and implementing the states energy policies.
This bill would require the Energy Commission, in coordination with the public advisor and the Public Utilities Commission (PUC), on or before March 31, 2026, to issue a request for proposals for a team to develop a study. The bill would require the study to conduct a historical energy justice assessment of the investor-owned utilitys (IOU) operations and impacts and complete Commission to select a research institute, as defined, to conduct a comparative analysis of the benefits and challenges of transitioning the IOUs electrical corporations to a successor entity public entity, nonprofit public benefit corporation, or mutual benefit corporation in order to identify a recommended model. model, as provided. The bill would require the Energy Commission, on or before June 30, 2026, to select the study team that is awarded the contract. The bill would require the Energy Commission to hold a public proceeding and submit a report of the study teams findings and recommendations to the Legislature no later than 24 months after selecting the study team, as specified. research institute to complete the analysis on or before January 1, 2029, and, upon completion, to submit the analysis to the Legislature and the Energy Commission. The bill would require the Energy Commission to make a draft of the analysis available to the public for comment before submitting the final draft to the Legislature, and would limit the cost of conducting the analysis to $5,000,000.
This bill would require the Energy Commission to require the study team to select and convene an advisory council by December 31, 2026, to participate in the study of the vision for a new energy system, as provided. Upon would, upon completion of the first 2 study components, the bill would require the study team, in consultation with the advisory council, to provide a recommendation for a particular successor entity type to the Energy Commission, as provided. The bill would analysis by the research institute, require the Energy Commission to present the study analysis at a publicly noticed business meeting on or before September 30, 2028. 2029.
(2)Existing law vests the PUC Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations and gas corporations, while local publicly owned utilities are under the direction of their governing boards. Existing law prohibits an electrical corporation, gas corporation, or water corporation from terminating a customers residential service for nonpayment of a delinquent account in certain circumstances, including, among other circumstances, unless the corporation first gives notice to the customer of the delinquency and impending termination, during the pendency of an investigation by the corporation of the customers dispute or complaint, or when the customer has been granted an extension of the period for payment of a bill.
This bill would require a utility, including an electrical corporation, local publicly owned electric utility, gas corporation, and local publicly owned gas utility, to quarterly post specified information concerning termination of service due to nonpayment on their respective internet websites, as provided.
(3)Existing law prohibits an electrical corporation from recovering from ratepayers an annual salary, bonus, benefit, or other consideration of any value paid to an officer of the electrical corporation, and requires that compensation to instead be funded solely by shareholders of the electrical corporation.
This bill would require each electrical corporation, on or before April 1, 2026, to submit a proposed executive compensation structure to the PUC that is structured to promote safety as a priority and to ensure public safety through performance metrics, as provided.
(4)Existing law requires each electrical corporation to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment.
This bill would require each electrical corporation to triennially contract with an independent and reputable third party to audit all of the electrical corporations equipment and electrical lines and identify any equipment or electrical lines that have reached their end of life. The bill would require the audit to be completed in alignment with the wildfire mitigation plan cycle, as specified. The bill would require an electrical corporation to replace any equipment or electrical lines identified by the third-party auditor that are located in a high fire-threat district within 5 years, as provided. The bill would require the PUC to assess fines on an electrical corporation that fails to comply with these provisions, as specified.
This bill would require the PUC to develop a best value procurement model for consideration use in the procurement of all equipment and materials for electrical corporation infrastructure projects, as specified. projects that compares the costs and benefits of potential supplies, as provided.
(5)Existing law requires the PUC to establish an expedited utility distribution infrastructure undergrounding program and provides that only large electrical corporations may participate in the program.
This bill would require, after an emergency or disaster in which an electrical corporations electrical infrastructure was destroyed, if the electrical corporation rebuilds the destroyed electrical infrastructure, the electrical corporation to use the most cost-effective wildfire mitigation strategies that conform to state and industry safety standards for electrical equipment and that minimize the risk of catastrophic wildfire as quickly as possible, including consideration of undergrounding and covered conductor methods, to the extent applicable. The bill would prohibit the cost of undergrounding, installing covered conductors, or other cost-effective wildfire mitigation strategies for the electrical infrastructure from being only authorize those costs that the commission finds to be just and reasonable to be recovered from ratepayers.
(6)Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime.
Because certain provisions of this bill would be part of the act and a violation of a PUC action implementing the bills requirements would be a crime, the bill would impose a state-mandated local program.
In addition, to the extent the bill would impose new requirements on local publicly owned utilities, 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.
(1)Existing law vests the State Energy Resources Conservation and Development Commission (Energy Commission) with various responsibilities for developing and implementing the states energy policies.
This bill would require the Energy Commission, in coordination with the public advisor and the Public Utilities Commission (PUC), on or before March 31, 2026, to issue a request for proposals for a team to develop a study. The bill would require the study to (1) conduct a historical energy justice assessment of the investor-owned utilitys (IOU) operations and impacts, (2) impacts and complete a comparative analysis of the benefits and challenges of transitioning the IOUs to a successor entity in order to identify a recommended model, and, (3) if the study finds that it is in the best long-term interests of the people and ecologies of California to transition away from an investor-owned utility model, create a justice-centered implementation plan for managing the transition. model. The bill would require the Energy Commission, on or before June 30, 2026, to select the study team that is awarded the contract. The bill would require the Energy Commission to hold a public proceeding and submit a report of the study teams findings and recommendations to the Legislature no later than 24 months after selecting the study team for the feasibility portion of the study, and no later than 36 months after selecting the study team for the implementation plan portion of the study, team, as specified.
This bill would require the Energy Commission to require the study team to select and convene an advisory council by December 31, 2026, to participate in the study of the vision for a new energy system, as provided. Upon completion of the first 2 study components, the bill would require the study team, in consultation with the advisory council, to provide a recommendation for a particular successor entity type to the Energy Commission, as provided. The bill would require the Energy Commission to vote to approve the study and recommended successor entity present the study at a publicly noticed business meeting on or before September 30, 2028. Upon approval by the Energy Commission, the bill would require the study team to begin work to create a justice-centered implementation plan. The bill would require the Energy Commission to vote to approve the implementation plan no later than October 31, 2029.
(2)Existing law vests the PUC with regulatory authority over public utilities, including electrical corporations and gas corporations, while local publicly owned utilities are under the direction of their governing boards. Existing law prohibits an electrical corporation, gas corporation, or water corporation from terminating a customers residential service for nonpayment of a delinquent account in certain circumstances, including, among other circumstances, unless the corporation first gives notice to the customer of the delinquency and impending termination, during the pendency of an investigation by the corporation of the customers dispute or complaint, or when the customer has been granted an extension of the period for payment of a bill.
This bill would, among other things, prohibit would require a utility, including an electrical corporation, local publicly owned electric utility, gas corporation, and local publicly owned gas utility, from disconnecting a customers residential service for nonpayment if the customer has a household income at or below 200% of the federal poverty line. The bill would prohibit a utility from disconnecting a customers residential service for nonpayment if the customers household is the residence of certain persons, including, among other persons, a person who is pregnant or 0 to 12 weeks postpartum. The bill would require the commission to establish a citation program to impose a penalty on an electrical corporation or gas corporation that violates the above-described prohibitions. The bill would also authorize the commission, a customer, or a member of the customers household to bring an action in state court for equitable relief regarding a utilitys or community choice aggregators use of any method, act, or practice inconsistent with the above-described provisions. to quarterly post specified information concerning termination of service due to nonpayment on their respective internet websites, as provided.
This bill would require a utility to offer a residential customer who meets the above-described requirements a payment plan for the customers electrical and gas service that includes a percentage of income payment plan, as specified. The bill would require each utility providing electrical service or gas service, or both, to residential customers to collect and submit to the commission monthly data on electrical and gas service terminations, reconnections, bill assistance and payment agreements, arrears, and created and broken payment plans, as provided.(3)Existing law prohibits an electrical corporation from recovering from ratepayers an annual salary, bonus, benefit, or other consideration of any value paid to an officer of the electrical corporation, and requires that compensation to instead be funded solely by shareholders of the electrical corporation.
This bill would require each electrical corporation, on or before April 1, 2026, to submit a proposed executive compensation structure to the PUC that is structured to promote safety as a priority and to ensure public safety through performance metrics, as provided.
(4)Existing law authorizes the PUC to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable.This bill would prohibit, for proposed rate increases subject to PUC approval and a finding that the new rate is just and reasonable, an electrical corporation from proposing a compounded annual rate increase on residential customers above the increase in the Consumer Price Index. The bill would prohibit, for proposed rate increases not subject to PUC approval and a finding that the new rate is just and reasonable, an electrical corporation from proposing more than one rate increase per year, as provided.(5)Existing law establishes the Wildfire Fund to pay eligible claims arising from a covered wildfire, as provided. Existing law requires the PUC to initiate a rulemaking proceeding to consider using its existing authority to require certain electrical corporations to collect a nonbypassable charge from its ratepayers to support the Wildfire Fund, and requires the PUC to direct those electrical corporations to collect that charge if the PUC determines that the imposition of the charge is just and reasonable and that it is an appropriate exercise of its authority, as specified.This bill would require the PUC to revise the above-described rulemaking proceeding to reduce the charge imposed on ratepayers to an amount equal to 5% of the costs to support the fund, and require each electrical corporation to contribute the remaining 95% of the costs to support the fund.Existing law establishes procedures under which electrical corporations are required to reimburse the Wildfire Fund for amounts disallowed by the PUC for recovery from ratepayers. Existing law requires an electrical corporation to reimburse the fund for the full amount of costs and expenses the PUC determined were disallowed, except as provided. Under existing law those exceptions do not apply if the administrator determines that the electrical corporations actions or inactions that resulted in the covered wildfire constituted conscious or willful disregard of the rights and safety of others.This bill would provide that, for those purposes, evidence that an electrical corporations action were prudent includes common sense best practices such as conducting annual audits and replacing equipment that has outlived its usable life and deenergizing the electrical grid under threatening conditions.(6)(4)Existing law requires each electrical corporation to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. The California Energy Infrastructure Safety Act established the Office of Energy Infrastructure Safety within the Natural Resources Agency, and provides that, on and after July 1, 2021, the Office of Energy Infrastructure Safety is the successor to, and is vested with, all of the duties, powers, and responsibilities of the Wildfire Safety Division of the commission.
This bill would require each electrical corporation to triennially contract with an independent and reputable third party to audit all of the electrical corporations equipment and electrical lines and identify any equipment or electrical lines that have reached their end of life. The bill would require the audit to be completed in alignment with the wildfire mitigation plan cycle, as specified. The bill would require an electrical corporation to replace any equipment or electrical lines identified by the third-party auditor that are located in a high fire-threat district within 5 years, as provided. The bill would require the PUC to assess fines on an electrical corporation that fails to comply with these provisions, as specified.
This bill would require the Office of Energy Infrastructure Safety PUC to develop a best value procurement model for consideration in the procurement of all electrical corporation infrastructure projects, as specified. The bill would require each electrical corporation, for all infrastructure projects, to demonstrate to the commission that the selected contractor is the best value contractor, as specified.
(7)(5)Existing law requires the PUC to establish an expedited utility distribution infrastructure undergrounding program and provides that only large electrical corporations may participate in the program.
This bill would require, after an emergency or disaster in which an electrical corporations electrical infrastructure was destroyed, if the electrical corporation rebuilds the destroyed electrical infrastructure, the electrical corporation to use the most cost-effective wildfire mitigation strategies that conform to state and industry safety standards for electrical equipment and that minimize the risk of catastrophic wildfire as quickly as possible, including consideration of undergrounding and covered conductor methods, to the extent applicable. The bill would prohibit the cost of undergrounding, installing covered conductors, or other cost-effective wildfire mitigation strategies for the electrical infrastructure from being recovered from ratepayers.
(8)(6)Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission PUC is a crime.
Because certain provisions of this bill would be part of the act and a violation of a commission PUC action implementing the bills requirements would be a crime, the bill would impose a state-mandated local program.
In addition, to the extent the bill would impose new requirements on local publicly owned utilities, 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.
(1)Existing law vests the State Energy Resources Conservation and Development Commission (Energy Commission) with various responsibilities for developing and implementing the states energy policies.
This bill would require the Energy Commission, in coordination with the public advisor and the Public Utilities Commission (PUC), on or before March 31, 2026, to issue a request for proposals for a team to develop a study. The bill would require the study to (1) conduct a historical energy justice assessment of the investor-owned utilitys (IOU) operations and impacts, (2) complete a comparative analysis of the benefits and challenges of transitioning the IOUs to a successor entity in order to identify a recommended model, and, (3) if the study finds that it is in the best long-term interests of the people and ecologies of California to transition away from an investor-owned utility model, create a justice-centered implementation plan for managing the transition. The bill would require the Energy Commission, on or before June 30, 2026, to select the study team that is awarded the contract. The bill would require the Energy Commission to hold a public proceeding and submit a report of the study teams findings and recommendations to the Legislature no later than 24 months after selecting the study team for the feasibility portion of the study, and no later than 36 months after selecting the study team for the implementation plan portion of the study, as specified.
This bill would require the Energy Commission to require the study team to select and convene an advisory council by December 31, 2026, to participate in the study of the vision for a new energy system, as provided. Upon completion of the first 2 study components, the bill would require the study team, in consultation with the advisory council, to provide a recommendation for a particular successor entity type to the Energy Commission, as provided. The bill would require the Energy Commission to vote to approve the study and recommended successor entity on or before September 30, 2028. Upon approval by the Energy Commission, the bill would require the study team to begin work to create a justice-centered implementation plan. The bill would require the Energy Commission to vote to approve the implementation plan no later than October 31, 2029.
(2)Existing law vests the PUC with regulatory authority over public utilities, including electrical corporations and gas corporations, while local publicly owned utilities are under the direction of their governing boards. Existing law prohibits an electrical corporation, gas corporation, or water corporation from terminating a customers residential service for nonpayment of a delinquent account in certain circumstances, including, among other circumstances, unless the corporation first gives notice to the customer of the delinquency and impending termination, during the pendency of an investigation by the corporation of the customers dispute or complaint, or when the customer has been granted an extension of the period for payment of a bill.
This bill would, among other things, prohibit a utility, including an electrical corporation, local publicly owned electric utility, gas corporation, and local publicly owned gas utility, from disconnecting a customers residential service for nonpayment if the customer has a household income at or below 200% of the federal poverty line. The bill would prohibit a utility from disconnecting a customers residential service for nonpayment if the customers household is the residence of certain persons, including, among other persons, a person who is pregnant or 0 to 12 weeks postpartum. The bill would require the commission to establish a citation program to impose a penalty on an electrical corporation or gas corporation that violates the above-described prohibitions. The bill would also authorize the commission, a customer, or a member of the customers household to bring an action in state court for equitable relief regarding a utilitys or community choice aggregators use of any method, act, or practice inconsistent with the above-described provisions.
This bill would require a utility to offer a residential customer who meets the above-described requirements a payment plan for the customers electrical and gas service that includes a percentage of income payment plan, as specified. The bill would require each utility providing electrical service or gas service, or both, to residential customers to collect and submit to the commission monthly data on electrical and gas service terminations, reconnections, bill assistance and payment agreements, arrears, and created and broken payment plans, as provided.
(3)Existing law prohibits an electrical corporation from recovering from ratepayers an annual salary, bonus, benefit, or other consideration of any value paid to an officer of the electrical corporation, and requires that compensation to instead be funded solely by shareholders of the electrical corporation.
This bill would require each electrical corporation, on or before April 1, 2026, to submit a proposed executive compensation structure to the PUC that is structured to promote safety as a priority and to ensure public safety through performance metrics, as provided.
(4)Existing law authorizes the PUC to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable.
This bill would prohibit, for proposed rate increases subject to PUC approval and a finding that the new rate is just and reasonable, an electrical corporation from proposing a compounded annual rate increase on residential customers above the increase in the Consumer Price Index. The bill would prohibit, for proposed rate increases not subject to PUC approval and a finding that the new rate is just and reasonable, an electrical corporation from proposing more than one rate increase per year, as provided.
(5)The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030. The act requires the state board to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. The state board is authorized to include market-based compliance mechanisms to comply with the regulations. The implementing regulations adopted by the state board provide for the direct allocation of greenhouse gas allowances to electrical corporations pursuant to a market-based compliance mechanism.Existing law authorizes the PUC to allocate 15% of the revenues received by the electrical corporations from that allocation of allowances for clean energy and energy efficiency projects established pursuant to statute that are administered by electrical corporations. Existing law requires the PUC to direct the balance of the revenues to be credited directly to the residential, small business, and emissions-intensive trade-exposed retail customers of the electrical corporations, as specified.Beginning with the fiscal year commencing July 1, 2026, and ending with the fiscal year ending June 30, 2036, this bill would require the PUC to annually allocate $100,000,000 of the revenues received by the electrical corporations from that allocation of greenhouse gas allowances to the Transformative Climate Communities Program and to the Community Resilience Center Program, as specified. The bill would require those allocations for the Transformative Climate Communities Program and Community Resilience Center Program to benefit disadvantaged communities in census tracts that are the most vulnerable to climate disaster, as specified.(6)(5)Existing law establishes the Wildfire Fund to pay eligible claims arising from a covered wildfire, as provided. Existing law requires the PUC to initiate a rulemaking proceeding to consider using its existing authority to require certain electrical corporations to collect a nonbypassable charge from its ratepayers to support the Wildfire Fund, and requires the PUC to direct those electrical corporations to collect that charge if the PUC determines that the imposition of the charge is just and reasonable and that it is an appropriate exercise of its authority, as specified.
This bill would require the PUC to revise the above-described rulemaking proceeding to reduce the charge imposed on ratepayers to an amount equal to 5% of the costs to support the fund, and require each electrical corporation to contribute the remaining 95% of the costs to support the fund.
Existing law establishes procedures under which electrical corporations are required to reimburse the Wildfire Fund for amounts disallowed by the PUC for recovery from ratepayers. Existing law requires an electrical corporation to reimburse the fund for the full amount of costs and expenses the PUC determined were disallowed, except as provided. Under existing law those exceptions do not apply if the administrator determines that the electrical corporations actions or inactions that resulted in the covered wildfire constituted conscious or willful disregard of the rights and safety of others.
This bill would provide that, for those purposes, evidence that an electrical corporations action were prudent includes common sense best practices such as conducting annual audits and replacing equipment that has outlived its usable life and deenergizing the electrical grid under threatening conditions.
(7)(6)Existing law requires each electrical corporation to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. The California Energy Infrastructure Safety Act established the Office of Energy Infrastructure Safety within the Natural Resources Agency, and provides that, on and after July 1, 2021, the Office of Energy Infrastructure Safety is the successor to, and is vested with, all of the duties, powers, and responsibilities of the Wildfire Safety Division of the commission.
This bill would require each electrical corporation to annually triennially contract with an independent and reputable third party to audit all of the electrical corporations equipment and electrical lines and identify any equipment or electrical lines that have outlived their useful life. reached their end of life. The bill would require the audit to be completed on or before June 30, 2026, and by June 30 of each year thereafter and submitted to the PUC on or before August 31, of each year. in alignment with the wildfire mitigation plan cycle, as specified. The bill would require an electrical corporation to replace any equipment or electrical lines identified by the third-party auditor that are located in a high fire risk area fire-threat district within 5 years, as provided. The bill would require the PUC to assess fines on an electrical corporation that fails to comply with these provisions, as specified.
This bill would require the Office of Energy Infrastructure Safety to develop a best value procurement model for all electrical corporation infrastructure projects, as specified. The bill would require each electrical corporation, for all infrastructure projects, to demonstrate to the commission that the selected contractor is the best value contractor, as specified.
(8)(7)Existing law requires the PUC to establish an expedited utility distribution infrastructure undergrounding program and provides that only large electrical corporations may participate in the program.
This bill would instead require all large electrical corporations to participate in the program. The bill would also require an electrical corporation, require, after an emergency or disaster in which its an electrical corporations electrical infrastructure was destroyed, to rebuild if the electrical corporation rebuilds the destroyed electrical infrastructure using infrastructure, the electrical corporation to use the most cost-effective wildfire mitigation strategies that conform to state and industry safety standards for electrical equipment and that minimize the risk of catastrophic wildfire as quickly as possible, including consideration of undergrounding and covered conductor methods, to the extent applicable. The bill would prohibit the cost of undergrounding undergrounding, installing covered conductors, or other cost-effective wildfire mitigation strategies for the electrical infrastructure from being recovered from ratepayers.
(9)(8)Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because certain provisions of this bill would be part of the act and a violation of a commission action implementing the bills requirements would be a crime, the bill would impose a state-mandated local program.
In addition, to the extent the bill would impose new requirements on local publicly owned utilities, 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.
(1)Existing law vests the State Energy Resources Conservation and Development Commission (Energy Commission) with various responsibilities for developing and implementing the states energy policies.
This bill would require the Energy Commission, in coordination with the public advisor and the Public Utilities Commission (PUC), on or before March 31, 2026, to issue a request for proposals for a team to develop a study. The bill would require the study to (1) conduct a historical energy justice assessment of the investor-owned utilitys (IOU) operations and impacts, (2) complete a comparative analysis of the benefits and challenges of transitioning the IOUs to a successor entity in order to identify a recommended model, and, (3) if the study finds that it is in the best long-term interests of the people and ecologies of California to transition away from an investor-owned utility model, create a justice-centered implementation plan for managing the transition. The bill would require the Energy Commission, on or before June 30, 2026, to select the study team that is awarded the contract. The bill would require the Energy Commission to hold a public proceeding and submit a report of the study teams findings and recommendations to the Legislature no later than 24 months after selecting the study team for the feasibility portion of the study, and no later than 36 months after selecting the study team for the implementation plan portion of the study, as specified.
This bill would require the Energy Commission to require the study team to select and convene an advisory council by December 31, 2026, to participate in the study of the vision for a new energy system, as provided. Upon completion of the first 2 study components, the bill would require the study team, in consultation with the advisory council, to provide a recommendation for a particular successor entity type to the Energy Commission, as provided. The bill would require the Energy Commission to vote to approve the study and recommended successor entity on or before September 30, 2028. Upon approval by the Energy Commission, the bill would require the study team to begin work to create a justice-centered implementation plan. The bill would require the Energy Commission to vote to approve the implementation plan no later than October 31, 2029.
(2)Existing law vests the PUC with regulatory authority over public utilities, including electrical corporations and gas corporations, while local publicly owned utilities are under the direction of their governing boards. Existing law prohibits an electrical corporation, gas corporation, or water corporation from terminating a customers residential service for nonpayment of a delinquent account in certain circumstances, including, among other circumstances, unless the corporation first gives notice to the customer of the delinquency and impending termination, during the pendency of an investigation by the corporation of the customers dispute or complaint, or when the customer has been granted an extension of the period for payment of a bill.
This bill would, among other things, prohibit a utility, including an electrical corporation, local publicly owned electric utility, gas corporation, and local publicly owned gas utility, from disconnecting a customers residential service for nonpayment if the customer has a household income at or below 200% of the federal poverty line. The bill would prohibit a utility from disconnecting a customers residential service for nonpayment if the customers household is the residence of certain persons, including, among other persons, a person who is pregnant or 0 to 12 weeks postpartum. The bill would require the commission to establish a citation program to impose a penalty on an electrical corporation or gas corporation that violates the above-described prohibitions. The bill would also authorize the commission, a customer, or a member of the customers household to bring an action in state court for equitable relief regarding a utilitys or community choice aggregators use of any method, act, or practice inconsistent with the above-described provisions.
This bill would require a utility to offer a residential customer who meets the above-described requirements a payment plan for the customers electrical and gas service that includes a percentage of income payment plan, as specified. The bill would require each utility providing electrical service or gas service, or both, to residential customers to collect and submit to the commission monthly data on electrical and gas service terminations, reconnections, bill assistance and payment agreements, arrears, and created and broken payment plans, as provided.
(3)Existing law prohibits an electrical corporation from recovering from ratepayers an annual salary, bonus, benefit, or other consideration of any value paid to an officer of the electrical corporation, and requires that compensation to instead be funded solely by shareholders of the electrical corporation.
This bill would require each electrical corporation, on or before April 1, 2026, to submit a proposed executive compensation structure to the PUC that is structured to promote safety as a priority and to ensure public safety through performance metrics, as provided.
(4)Existing law authorizes the PUC to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable.
This bill would prohibit, for proposed rate increases subject to PUC approval and a finding that the new rate is just and reasonable, an electrical corporation from proposing a compounded annual rate increase on residential customers above the increase in the Consumer Price Index. The bill would prohibit, for proposed rate increases not subject to PUC approval and a finding that the new rate is just and reasonable, an electrical corporation from proposing more than one rate increase per year, as provided.
(5)The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030. The act requires the state board to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. The state board is authorized to include market-based compliance mechanisms to comply with the regulations. The implementing regulations adopted by the state board provide for the direct allocation of greenhouse gas allowances to electrical corporations pursuant to a market-based compliance mechanism.
Existing law authorizes the PUC to allocate 15% of the revenues received by the electrical corporations from that allocation of allowances for clean energy and energy efficiency projects established pursuant to statute that are administered by electrical corporations. Existing law requires the PUC to direct the balance of the revenues to be credited directly to the residential, small business, and emissions-intensive trade-exposed retail customers of the electrical corporations, as specified.
Beginning with the fiscal year commencing July 1, 2026, and ending with the fiscal year ending June 30, 2036, this bill would require the PUC to annually allocate $100,000,000 of the revenues received by the electrical corporations from that allocation of greenhouse gas allowances to the Transformative Climate Communities Program and to the Community Resilience Center Program, as specified. The bill would require those allocations for the Transformative Climate Communities Program and Community Resilience Center Program to benefit disadvantaged communities in census tracts that are the most vulnerable to climate disaster, as specified.
(6)Existing law establishes the Wildfire Fund to pay eligible claims arising from a covered wildfire, as provided. Existing law requires the PUC to initiate a rulemaking proceeding to consider using its existing authority to require certain electrical corporations to collect a nonbypassable charge from its ratepayers to support the Wildfire Fund, and requires the PUC to direct those electrical corporations to collect that charge if the PUC determines that the imposition of the charge is just and reasonable and that it is an appropriate exercise of its authority, as specified.
This bill would require the PUC to revise the above-described rulemaking proceeding to reduce the charge imposed on ratepayers to an amount equal to 5% of the costs to support the fund, and require each electrical corporation to contribute the remaining 95% of the costs to support the fund.
Existing law establishes procedures under which electrical corporations are required to reimburse the Wildfire Fund for amounts disallowed by the PUC for recovery from ratepayers. Existing law requires an electrical corporation to reimburse the fund for the full amount of costs and expenses the PUC determined were disallowed, except as provided. Under existing law those exceptions do not apply if the administrator determines that the electrical corporations actions or inactions that resulted in the covered wildfire constituted conscious or willful disregard of the rights and safety of others.
This bill would provide that, for those purposes, evidence that an electrical corporations action were prudent includes common sense best practices such as conducting annual audits and replacing equipment that has outlived its usable life and deenergizing the electrical grid under threatening conditions.
(7)Existing law requires each electrical corporation to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment.
This bill would require each electrical corporation to annually contract with an independent and reputable third party to audit all of the electrical corporations equipment and electrical lines and identify any equipment or electrical lines that have outlived their useful life. The bill would require the audit to be completed on or before June 30, 2026, and by June 30 of each year thereafter and submitted to the PUC on or before August 31, of each year. The bill would require an electrical corporation to replace any equipment or electrical lines identified by the third-party auditor that are located in a high fire risk area within 5 years, as provided. The bill would require the PUC to assess fines on an electrical corporation that fails to comply with these provisions, as specified.
(8)Existing law requires the PUC to establish an expedited utility distribution infrastructure undergrounding program and provides that only large electrical corporations may participate in the program.
This bill would instead require all large electrical corporations to participate in the program. The bill would also require an electrical corporation, after an emergency or disaster in which its electrical infrastructure was destroyed, to rebuild the destroyed electrical infrastructure using undergrounding methods, to the extent applicable. The bill would prohibit the cost of undergrounding the electrical infrastructure from being recovered from ratepayers.
(9)Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because certain provisions of this bill would be part of the act and a violation of a commission action implementing the bills requirements would be a crime, the bill would impose a state-mandated local program.
In addition, to the extent the bill would impose new requirements on local publicly owned utilities, 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.
This act shall be known, and may be cited, as the Investor-Owned Utilities Accountability Act.
SEC. 2.(a)The Legislature finds and declares all of the following:
(a)(1)Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE), San Diego Gas and Electric Company (SDG&E), and SoCalGas, which SoCalGas are investor-owned utilities (IOUs) that have collectively exercised their monopoly over provided electrical and gas service to California ratepayers as regulated public utility monopolies for over 100 years, have lost the trust of the people of California due to their crushingly high rates, exorbitant payouts to executives and shareholders, reckless endangerment of life and property, and excessive spending with the goal of generating profits rather than providing an essential service. years.
(b)Rates(2)According to a January 2025 report by the Legislative Analysts Office, electricity rates are higher in investor-owned utility (IOU) IOU service territories across California than in the service territories of not-for-profit utilities, including municipal utilities, rural electric cooperatives, and tribal utilities, which has resulted in working class and low-income people paying higher rates. utilities. On average, California IOU electricity rates are more than 50 percent higher than electricity rates charged by publicly owned utilities. For utilities, and, for IOU customers in California, electricity rates have increased nearly 50 percent over the past three years.
(c)Under the current system, most distribution and transmission infrastructure is financed by IOUs and paid for by utility ratepayers. Ratepayers also pay for a rate of return for the IOUs for each project, which can average close to 10 percent. This return on investment rate creates a significant and increasingly unsustainable burden on ratepayers as more unnecessary transmission lines are constructed. This can result in unnecessary rate hikes for consumers, as capital expenses can be overestimated and overspent to increase profits. As an example, in the 2023 General Rate Case, PG&E admitted that they overestimated the actual cost of infrastructure needed by $3 billion. Despite electricity demand remaining stable, executive compensation, infrastructure spending, and customer rates continue to increase. While utilities submit new rate increase proposals on a roughly three- to four-year cycle to the Public Utilities Commission, they can also submit annual increases and emergency supplements. The compounding effect and increased frequency of these rate increases, largely related to wildfire emergencies, have unfairly burdened California residents. Specifically, from(3)IOU electricity rates are set by the Public Utilities Commission through a general rate case every three to four years, which includes review of all IOU expenses, establishing a rate of return (profits for shareholders), and a determination that the rates are just and reasonable. IOUs can also request annual rate increases and emergency supplements. From January 2021 to October 2024, inclusive, PG&E residential rates increased by 56 percent, SCE rates increased by 48 percent, and SDG&E rates increased by 21 percent.
(d)These increasing rate hikes and record profits are a function of the IOUs being unwilling to adequately serve their ratepayers through affordable utility rates. One in five households served by the states largest IOUs are in utility debt. From(4)From August 2022 to August 2024, inclusive, PG&E, SCE, and SDG&E also compensated their shareholders with $7.62 billion in dividends. During that period, the estimated cost to prevent all residential shutoffs for nonpayment was seventy-seven one hundredths of 1 percent of that compensation to shareholders. dividends, according to a recent report.
(e)The(5)Investigations have concluded that IOUs have caused some of Californias most destructive wildfires. PG&E is responsible for more than 30 wildfires since 2017 that have destroyed more than 23,000 homes and businesses and killed more than 100 people. These fires include the 2017 Tubbs Fire, the 2018 Camp Fire, the 2019 Kincade Fire, the 2020 Zogg Fire, and the 2021 Dixie Fire. SCE was found responsible for burning more than 385,000 acres, destroying thousands of structures, and causing five deaths in the 2017 Rye Fire, the 2017 Meyers Fire, the 2017 Liberty Fire, the 2017 Thomas Fire, and the 2018 Woolsey Fire. In 2007, SDG&E caused three fires, the Witch Fire, the Guejito Fire, and the Rice Fire, burning 207,000 acres, killing two people, destroying 1,141 homes. Assembly Bill 1054 (Chapter 79 of the Statutes of 2019) established a wildfire insurance fund of $21 billion, all passed onto ratepayer bills, directly and indirectly. funded in part by ratepayers.
(f)Past and present experience demonstrates that the IOUs prioritize profits over the safety and well-being of the ratepayers and residents of California, and thus, to support public necessity and public purpose, must be replaced with a well-researched and structured successor entity that focuses on the needs of ratepayers, workers, fire survivors, and community members instead of shareholders.(g)(6)The State of California created the not-for-profit public benefit corporation, Golden State Energy, designated as a receiver for PG&Es assets, through passing Senate Bill 350 (Chapter 27 of the Statutes of 2020) for the purpose of owning, controlling, operating, or managing electrical and gas services for its ratepayers, for the benefit of all Californians if PG&E were to lose its business license in a six-step accountability process overseen by the Public Utilities Commission. At that time, PG&E was in bankruptcy due to an untenable amount of after incurring liabilities for wildfires caused by its equipment. Senate Bill 350 created a successor in name only and was never in a position to did not receive PG&E assets. This
(b)The intent of this bill builds is to build on Senate Bill 350 (Chapter 27 of the Statutes of 2020) by authorizing an in-depth unbiased study by a neutral third party to assess the practical, financial, legal, regulatory, labor, and technical aspects of a smooth and just transition away from the IOU model to one that prioritizes the needs of the people and ecology of the State of California.
SEC. 3.Chapter 3.5 (commencing with Section 25250) is added to Division 15 of the Public Resources Code, to read:3.5.Investor-Owned Utility Transition Feasibility Study25250.For purposes of this chapter, all of the following definitions apply:
(a)Critical minerals means those minerals specified by the United States Geological Survey as essential to the economic or national security of the United States, have a supply chain that is vulnerable to disruption, and serve an essential function in the manufacturing of a product, the absence of which would have significant consequences for the economic or national security of the United States. Critical minerals do not include fuel minerals, water, ice, or snow, or common varieties of sand, gravel, stone, pumice, cinders, or clay.
(b)Disadvantaged communities advisory group means the disadvantaged communities advisory group established pursuant to subdivision (g) of Section 400 of the Public Utilities Code.
(c)Disadvantaged community means a community identified pursuant to Section 39711 of the Health and Safety Code.
(d)Distributed energy resources means distributed renewable generation resources, energy efficiency, energy storage, electric vehicles, and demand response technologies.
(e)Electrical corporation means the same as defined in Section 218 of the Public Utilities Code, but does not include electrical cooperatives as defined in Section 2776 of the Public Utilities Code.
(f)Energy justice means the goal of achieving equity in both the social and economic participation in the energy system, while also remediating the social, economic, and health burdens of those historically harmed by the energy system, including disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(g)Equity, just, and justice describe the goal of creating systems, organizations, and societies that are fair and just, recognizing where disadvantages and barriers exist, and allocating resources and support to ensure equal access and opportunity for all populations.
(h)Just transition means a framework for a fair shift to an economy that is ecologically sustainable, equitable, and just for all its members.
(i)Labor institute means the UC Berkeley Labor Center or the UCLA Labor Center.
(j)Low-income means at or below 80 percent of the state median income.
(k)Research institute means an academic institution that can satisfy the requirements of this chapter with experience studying public utilities, energy, and economics. Research institute may include, but is not limited to, the Institute of the Environment and Sustainability at UCLA, the Goldman School of Public Policy at the University of California, Berkeley, or the Initiative for Climate Leadership and Resilience at California Polytechnic State University, San Luis Obispo.
(l)Successor entity means a public entity, nonprofit public benefit corporation, or mutual benefit corporation.
25251.(a)The commission shall select a research institute to conduct the comparative analysis described in subdivision (b). The research institute shall consult with a labor institute, if the labor institute chooses to participate, in conducting all aspects of the comparative analysis with respect to impacts on workforce and labor relations. The research institute shall complete the comparative analysis on or before January 1, 2029, and, upon completion, shall submit the comparative analysis to the Legislature, in compliance with Section 9795 of the Government Code, and to the commission.
(b)Consistent with Section 25253, 25254, the research institute shall complete a comparative analysis of the benefits and challenges of transitioning the electrical corporations to a successor entity in order to identify a recommended model, assess the feasibility of transitioning the electrical corporations to a successor entity, and identify priority just design features for the successor entity, with the goal of serving the public interest and necessity of the people and ecologies of California.
(c)(1)The commission shall solicit input from the disadvantaged communities advisory group, with supporting resources and recommendations from the Public Utilities Commission, on the scope of work to be performed by the selected research institute, on the financial modeling inputs to be used to determine economic benefits, and for comments on all preliminary and final drafts of the comparative analysis.
(2)Comments and recommendations from the disadvantaged communities advisory group that are not incorporated by the research institute shall be included as an addendum to the comparative analysis.
(d)Consistent with ordinary practice, the commission shall make a draft of the comparative analysis available to the public for comment before submitting the final draft of the comparative analysis to the Legislature.
(e)The cost of conducting the comparative analysis pursuant to this chapter shall not exceed five million dollars ($5,000,000).
25252.(a)Notwithstanding any other provision of this chapter, on or before December 31, 2026, the research institute shall conduct the first phase of the comparative analysis and submit an interim report to the commission on threshold legal issues, including identifying and analyzing all of the following:
(1)Legal parameters generally associated with each corporate form listed as a successor entity.
(2)All legal obligations currently applicable to electrical corporations under federal and state law and regulations, including obligations imposed by the Public Utilities Commission pursuant to its authority under the California Constitution, and local requirements.
(3)Legal barriers and legally permissible pathways to transition an electrical corporations assets, operations, and legal obligations to each successor entity corporate form.
(4)Changes in law necessary to ensure all electrical corporation legal obligations would apply to each type of successor entity, without jeopardizing the provision of safe, reliable, and affordable service.
(5)Recommendations for narrowing the scope of the remainder of the comparative analysis based on conclusions from the initial legal analysis.
(b)The commission shall convene a group of state attorneys from the legal departments of state agencies that regulate electrical corporations, including, but not limited to, the Public Utilities Commission, the commission, the Independent System Operator, the State Air Resources Board, the Office of Emergency Services, the Department of Forestry and Fire Protection, the Attorney General, and the Natural Resources Agency, to advise the research institute on the first phase of the comparative analysis.
25252.25253.The commission, research institute, and disadvantaged communities advisory group may solicit input from stakeholders, including, but not limited to, stakeholders with the following lived experiences or subject matter expertise:
(a)Any relevant electrical utilities, including, but not limited to, tribal utilities, or electrical utilities that have undergone a transition as considered in this chapter.
(b)Community choice aggregation.
(c)Low-income residential ratepayer advocacy.
(d)Equitable rate design and utility cost allocation.
(e)Environmental justice, energy justice, or utility justice issues.
(f)Racial and economic justice.
(g)Survivors of wildfires caused by infrastructure owned and operated by electrical corporations.
(h)Disability rights.
(i)Federally recognized California Indian tribes.
(j)Nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(k)Labor unions representing utility workers.
(l)Inclusive workforce development.
(m)Deep knowledge of distributed energy resources and grid architecture.
25253.25254.(a)The comparative analysis of the benefits and challenges component of transitioning the electrical corporations to a recommended successor entity described in subdivision (b) of Section 25251 shall provide a comparative assessment of transitioning the electrical corporations to either a public entity, nonprofit public benefit corporation, or mutual benefit corporation, assess the overall feasibility of transitioning the electrical corporations to a successor entity, and identify priority energy just design features for a successor entity.
(b)The comparative analysis shall comprise all of the following:
(1)An assessment of all legal, economic, financial, governance, and other relevant aspects of the ownership types required to successfully transition the assets and operations of the electrical corporations to a nonprofit public benefit corporation, such as Golden State Energy, a mutual benefit corporation, or a publicly owned electric utility, which may be in existence or yet to be formed.
(2)(A)A determination of the structural limitations or advantages of each ownership type relative to the successor entitys ability to serve the people of California and to achieve all of the following policy objectives:
(i)A demonstrable reduction in electricity costs for customers over a 30-year period, with a focus on increasing energy bill affordability for low-income communities, disadvantaged communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes, ensuring electricity costs are between 3 percent and 6 percent of household income.
(ii)Maintain or increase the pay and benefits of workers transitioning from electrical corporation employment, ensure the continuity of good union jobs, and promote inclusive workforce development in the region.
(iii)Increased public accountability, trust, and transparency in governing structures, financial spending, maintenance, and infrastructure decisions.
(iv)Rapid integration of clean energy and decarbonization strategies, including the successor entitys capacity to rapidly interconnect renewables, storage, and community-driven solutions.
(B)The comparative analysis shall include clear, actionable recommendations for which ownership structure or structures are best suited to achieve each objective.
(3)An assessment of the liability incurred by, and during, the electrical corporations ownership, including specifying the portion of risks and liabilities likely to be transferred to a successor entity.
(4)A quantification of the electrical corporations current tax obligations to the state.
(c)The feasibility assessment shall include all of the following:
(1)Identification of legal and regulatory issues, and recommendations for addressing these issues, that might arise from transitioning the assets and operations of the electrical corporations and their respective operations as described in this chapter, and post-transition, in order to do all of the following:
(A)Establish municipal utility districts, rural electric cooperatives, and tribal utilities within current electrical corporation territories.
(B)Safeguard or strengthen the worker and labor benefits, including union protections, during and after the transition period, and provide for workers rights and a just transition for workers impacted by the decommissioning of unsafe, polluting infrastructure.
(C)Identify and decommission generation, transmission, and piping infrastructure transferred to the successor entity that is unsafe and polluting, prioritizing infrastructure that is causing disproportionate harms in disadvantaged communities, low-income communities, federally recognized California Indian tribes, or nonfederally recognized California Native American tribes.
(D)Manage future wildfire liability.
(E)Equitably decommission gas infrastructure and transition towards electrification, prioritizing the decommissioning of gas powerplants in disadvantaged communities and replacement with community-owned distributed energy resources without unduly burdening ratepayers, especially low-income or disadvantaged ratepayers, with associated costs.
(2)A preliminary evaluation of the long-term costs and benefits over at least a 30-year horizon of a transfer in ownership to a successor entity, including an assumption for clean energy, electrification, and grid investments at a pace in accordance with state climate goals. This evaluation shall incorporate all of the following:
(A)Sensitivity analyses of key financial and policy variables, including, but not limited to, initial purchase price of electrical corporation assets, interest rates, assumed rate of capital investment in the electrical grid, and pace of electrification. The analyses shall consider a range of scenarios, from conservative to aggressive investment trajectories, to reflect uncertainty and assess relative risk exposure.
(B)Explicit model investment scenarios that align with Californias climate mandates and wildfire risk mitigation goals, including rapid, robust electrical grid modernization and distributed energy integration.
(C)A comparative assessment of the cost of capital under different ownership structures, and how this affects total system costs under varying levels of capital expenditure.
(D)Recommendations for optimal financing for purchases and transition and electrical grid investments by the successor entity, including, but not limited to, the issuance of lowest cost debt, securitization to offset any initial rate impact, necessary regulatory and legal adjustments, and tax-exempt bonding for municipal utilities.
(E)Consideration of the portion of utility capital expenses paid for by ratepayer contributions.
(F)Application of all legally claimed depreciation of assets by the electrical corporations.
(G)Equitable finance and revenue sources that may be available to the successor entity for its operational needs, including for purchase, maintenance, and upgrades, with information regarding all of the following:
(i)Mechanisms to support the creditworthiness of the successor entity during the early years of operation.
(ii)Access to bonds.
(iii)Long-term opportunities for public financing.
(iv)Ability to leverage federal funding in the form of elective pay, as outlined in the Inflation Reduction Act of 2022 (Public Law 117-169).
(v)Evaluation of revenue collected from rates and other financial resources in relation to the projected operational, maintenance, investment, and equity-related costs of the successor entity. This shall include analysis of whether these revenue sources are sufficient to meet the successor entitys statutory obligations and mission-aligned priorities, including affordability, equity, reliability, and climate resilience.
(H)An analysis of the implications of regional transmission use by noncustomer entities, and clear recommendations for mechanisms to ensure that the financial benefits of lower cost capital for transmission infrastructure accrue primarily to the customers of the successor entity, particularly those responsible for financing the asset acquisition. The analysis shall consider options to allocate savings fairly and avoid unintended cross-subsidization by customers who bear acquisition and transition costs.
(3)A thorough consideration of which electrical corporation assets should be prioritized for transfer and a timeline for those transfers, including full consideration of all of the following:
(A)The merits or risks of splitting ownership of the electrical corporations distribution infrastructure, transmission infrastructure, program administration, generation, and retail energy services, with clear recommendations regarding the most effective approach or approaches.
(B)The merits or risks of splitting ownership by geographic territory, with a clear recommendation regarding whether and how geographic division would support or hinder the goals of the successor entity.
(C)Grid architectures that maximize distributed energy resources and future needs for distribution system operator infrastructure.
(D)Potential benefits, if any, that may be realized by separating the ownership and operation of the electrical distribution system for future distribution system operator models.
(4)The final analysis shall provide clear, prioritized recommendations for legal, economic, financial, and governance pathways that best fulfill the goals outlined in this section, based on the evidence and scenario modeling described above.
(d)The final analysis shall recommend the just design features of a successor entity and the mechanisms to achieve those features, including, but not be limited to, all of the following:
(1)Increasing social equity, electrical system reliability and performance, ecological sustainability, and climate resilience, including the ability to adapt to adverse climate-related weather disasters and other economic, social, and infrastructural crises.
(2)Minimizing environmental health harms in the region and in homes.
(3)Enhancing stewardship of finite resources and fragile ecologies through reducing the need for future large scale buildout, land clearing, or installation of ecologically disruptive energy generation, transmission, and distribution assets, and minimizing extraction of critical minerals.
(4)Prioritizing the needs of disadvantaged communities, low-income communities, federally recognized California Indian tribes, and nonfederally recognized California Native American tribes and residents of high fire risk areas.
(5)Creating innovative participatory governance and accountability structures that enable community members, including low-income members and users with disabilities, to meaningfully impact the priorities of the successor entity.
(6)Adopting mechanisms for sustained public engagement and transparency that holds the successor entity accountable to its mission to serve the communitys well-being.
(7)Creating alternative mechanisms to utility disconnections to cover nonpayment by customers.
(8)Including nonenergy impacts, social costs and benefits, health impacts, and more equitable climate outcomes in evaluating cost-effectiveness and decisionmaking.
25254.25255.Upon completion of the comparative analysis described in Section 25253 25254 by the research institute, on or before September 30, 2029, the commission, through a public process, shall present the analysis at a publicly noticed business meeting.
SEC. 4.Article 4.5 (commencing with Section 570) is added to Chapter 3 of Part 1 of Division 1 of the Public Utilities Code, to read:4.5.Infrastructure Project Procurement570.(a)For purposes of this section, best value means a procurement process whereby the selected bidder is selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.(b)The commission shall develop a best value procurement model in a new or existing proceeding for use in the procurement of equipment and materials for electrical corporation infrastructure projects that compares the costs and benefits of potential supplies. The best value procurement model shall do all of the following:(1)Apply only to equipment and materials for electrical infrastructure projects.(2)Not apply to any work performed to carry out an electrical infrastructure project, including, but not limited to, work performed by job classifications covered by a collective bargaining agreement.(3)Not apply to the procurement of equipment and materials by a contractor that has contracted with an electrical corporation to carry out an electrical infrastructure project.(c)An electrical corporation may use sole source contracting for the procurement of equipment or materials for an electrical infrastructure project only in any of the following circumstances:(1)The equipment or materials are in short supply.(2)There is an exigent need for the equipment or materials.(3)A specific brand or type of equipment or materials is essential for performance requirements.(4)A best value procurement method is not feasible or would not result in a suitable contract.(d)Any best value procurement method required by the commission shall conform to the parameters described in subdivision (b).SEC. 5.Section 706 of the Public Utilities Code is amended to read:706.(a)For purposes of this section, compensation means any annual salary, bonus, benefits, or other consideration of any value, paid to an officer of an electrical corporation or gas corporation.(b)An electrical corporation or gas corporation shall not recover expenses for compensation from ratepayers. Compensation shall be paid solely by shareholders of the electrical corporation or gas corporation.(c)(1)On or before April 1, 2026, each electrical corporation shall submit a proposed executive compensation structure to the commission that is structured to promote safety and affordability as a priority and to ensure public safety and ratepayer affordability through performance metrics.(2)The performance metrics shall include, but not be limited to, all of the following:(A)Successful completion of vegetation management and wildfire mitigation plans.(B)Decommissioning and removing risky electrical lines.(C)Building self-generation supported microgrids throughout the state, including in rural and remote areas of the state.(D)Avoiding annual residential and small business rate increases that collectively exceed the Consumer Price Index measure of inflation.(E)Ensuring the percentage of residential and small business ratepayers served by the electrical corporation who are in arrears does not exceed the baseline of the previous year.(3)The commission shall approve the compensation structure if it meets the requirements of paragraph (2).SEC. 6.Section 8386.8 is added to the Public Utilities Code, to read:8386.8.(a)Each electrical corporation shall triennially contract with an independent and reputable third party to audit all of the electrical corporations equipment and electrical lines and identify any equipment or electrical lines that have reached their end-of-life. The audit shall be completed in alignment with the wildfire mitigation plan cycle described in subdivision (b) of Section 8386.(b)(1)The commission shall assess a fine on an electrical corporation that fails to complete a triennial audit pursuant to subdivision (a) based on the severity of the violation. For each subsequent year that an electrical corporation fails to complete an annual audit the fine amount shall be increased based on the severity of the violation.(2)Fines collected pursuant to this subdivision shall be used to finance needed repairs. Any excess funds available after needed repairs may be transferred to a future maintenance and repair budget.(c)For purposes of this section, end-of-life means the point when the equipment is no longer safe, reliable for use, or performing its intended function within established standards and specifications, and should be decommissioned or replaced.SEC. 4.Section 718 of the Public Utilities Code is amended to read:718.(a)The commission shall develop policies, rules, or regulations with a goal of reducing, by January 1, 2024, the statewide level of gas and electric service disconnections for nonpayment by residential customers, including policies, rules, or regulations specific to the four gas and electrical corporations that have the greatest number of customers. The commission shall convene stakeholders, including, but not limited to, public health officials, consumer advocates, and organizations representing low-income communities, to assist with the development of the policies, rules, or regulations.
(b)(1)In each gas and electrical corporation general rate case, the commission shall do both of the following:
(A)Designate the impact of any proposed increase in rates on disconnections for nonpayment as an issue in the scope of the proceeding.
(B)Conduct an assessment of and properly identify the impact of any proposed increase in rates on disconnections for nonpayment, which shall be included in the record of the proceeding.
(2)The commission shall adopt residential utility disconnections for nonpayment as a metric and incorporate the metric into each gas and electrical corporation general rate case.
(c)The commission shall provide any public nonconfidential data collected pursuant to this section and Section 910.5 to the Office of Energy Infrastructure Safety for the purpose of reviewing ratepayer affordability when assessing executive compensation pursuant to Section 8389.
SEC. 7.SEC. 5.Section 8389 of the Public Utilities Code is amended to read:8389.(a)For purposes of this section, the following definitions apply:
(1)Board means the California Wildfire Safety Advisory Board established pursuant to Section 326.1.
(2)Division means the Wildfire Safety Division established pursuant to Section 326.
(3)Office means the Office of Energy Infrastructure Safety, within the Natural Resources Agency.
(b)By June 30, 2020, and annually thereafter, the board shall make recommendations to the division on all of the following:
(1)Appropriate performance metrics and processes for determining an electrical corporations compliance with its approved wildfire mitigation plan.
(2)Appropriate requirements in addition to the requirements set forth in Section 8386 for the wildfire mitigation plan.
(3)The appropriate scope and process for assessing the safety culture of an electrical corporation.
(c)By October 31, 2020, and annually thereafter, the division shall issue an analysis and recommendation to the commission on the recommendations provided by the board pursuant to subdivision (b).
(d)By December 1, 2020, and annually thereafter, the commission, after consultation with the division, shall adopt and approve all of the following:
(1)Performance metrics for electrical corporations.
(2)Additional requirements for wildfire mitigation plans.
(3)A wildfire mitigation plan compliance process.
(4)A process for the division to conduct annual safety culture assessments for each electrical corporation.
(e)The Director of the Office of Energy Infrastructure Safety shall issue a safety certification to an electrical corporation if the electrical corporation provides documentation of the following:
(1)The electrical corporation has an approved wildfire mitigation plan.
(2)The electrical corporation is in good standing, which can be satisfied by the electrical corporation having agreed to implement the findings of its most recent safety culture assessment performed pursuant to Section 8386.2 and paragraph (4) of subdivision (d), if applicable.
(3)The electrical corporation has established a safety committee of its board of directors composed of members with relevant safety experience.
(4)(A)The electrical corporation has established an executive incentive compensation structure approved by the division and structured to promote safety as a priority and to ensure public safety safety, ratepayer affordability, and utility financial stability with performance metrics, including incentive compensation based on meeting performance metrics that are measurable and enforceable, for all executive officers, as defined in Section 451.5. This may include tying 100 percent of incentive compensation to safety performance and denying all incentive compensation in the event the electrical corporation causes a catastrophic wildfire that results in one or more fatalities.
(B)For purposes of subparagraph (A), ratepayer affordability requires review of data related to customer disconnections, arrears, and uncollectibles that the commission already collects pursuant to Sections 718 and 910.5 and proceedings implementing those sections.
(5)The electrical corporation has established board-of-director-level reporting to the commission and office on safety issues.
(6)(A)The electrical corporation has established a compensation structure for any new or amended contracts for executive officers, as defined in Section 451.5, that is based on the following principles:
(i)(I)Strict limits on guaranteed cash compensation, with the primary portion of the executive officers compensation based on achievement of objective performance metrics.
(II)No guaranteed monetary incentives in the compensation structure.
(ii)It satisfies the compensation principles identified in paragraph (4).
(iii)A long-term structure that provides a significant portion of compensation, which may take the form of grants of the electrical corporations stock, based on the electrical corporations long-term performance and value. This compensation shall be held or deferred for a period of at least three years.
(iv)Minimization or elimination of indirect or ancillary compensation that is not aligned with shareholder shareholder, ratepayer, and taxpayer interest in the electrical corporation.
(B)The division shall approve the compensation structure of an electrical corporation if it determines the structure meets the principles set forth in subparagraph (A) and paragraph (4).
(C)It is the intent of the Legislature, in enacting this paragraph and paragraph (4), that any approved bankruptcy reorganization plan of an electrical corporation should, in regards to compensation for executive officers of the electrical corporation, comply with the requirements of those paragraphs.
(7)The electrical corporation is implementing its approved wildfire mitigation plan. The electrical corporation shall file a notification of implementation of its wildfire mitigation plan with the office and an information-only submittal with the commission on a quarterly basis that details the implementation of both its approved wildfire mitigation plan and recommendations of the most recent safety culture assessments by the commission and office, and a statement of the recommendations of the board of directors safety committee meetings that occurred during the quarter. The notification and information-only submittal shall also summarize the implementation of the safety committee recommendations from the electrical corporations previous notification and submission. If the office has reason to doubt the veracity of the statements contained in the notification or information-only submittal, it shall perform an audit of the issue of concern. The electrical corporation shall provide a copy of the information-only submittal to the office.
(8)Documentation related to compensation shall include specified dollar amounts.
(f)(1)The office shall issue an initial safety certification within 30 days of receipt of a request for that certification by an electrical corporation if the electrical corporation provides documentation that it is meeting the requirements set forth in paragraphs (1), (2), (3), and (5) of subdivision (e). A safety certification shall be valid for the 12 consecutive months following the issuance of the certification.
(2)Before the expiration of a certification, an electrical corporation shall submit to the division a request for certification for the following 12 months. The division shall issue a safety certification within 90 days of a request if the electrical corporation has provided documentation that it has satisfied the requirements in subdivision (e).
(3)All documents submitted pursuant to this section shall be publicly available on the commissions internet website. Beginning July 1, 2021, all documents submitted pursuant to this section shall be publicly available on the offices internet website. The commission is no longer responsible for posting this information as of July 1, 2021; however, nothing in this section prevents the commission from posting this information.
(4)Notwithstanding paragraph (1), a safety certification shall remain valid until the division acts on the electrical corporations pending request for safety certification.
(g)If the division determines an electrical corporation is not in compliance with its approved wildfire mitigation plan, it may recommend that the commission pursue an enforcement action against the electrical corporation for noncompliance with its approved plan.
SEC. 8.SEC. 6.Chapter 10 (commencing with Section 8450) is added to Division 4.1 of the Public Utilities Code, to read:10.Utility Service Disconnections8450.For purposes of this chapter, all of the following definitions apply:
(a)Electrical corporation has the same meaning as defined in Section 218.
(b)Gas corporation has the same meaning as defined in Section 222.
(c)Local publicly owned electric utility has the same meaning as defined in Section 224.3.
(d)Utility means an electrical corporation, local publicly owned electric utility, gas corporation, or local publicly owned gas utility.
8451.Each utility (a)On or before March 1, 2026, as the annual data is submitted to the commission for the report required pursuant to Section 910.5, each electrical corporation and gas corporation shall quarterly annually post all of the following information for the prior year concerning termination of service due to nonpayment on their respective its internet websites: website:
(a)(1)The total number of customers terminated.
(b)(2)The total number of customers reconnected.
(c)The total number of payment agreements.(d)The total number of customers in arrears and the aggregated value of the arrears.(e)The total number of payment plans in effect and the number of payment plans that have been broken.(b)On or before March 1, 2027, each local publicly owned electric utility shall annually post the following information for the prior year concerning termination of service due to nonpayment on its internet website:
(1)The total number of customers terminated.
(2)The total number of customers reconnected.
(c)On or before July 1, 2026, each utility shall post its customer disconnection policies on its internet website.
SEC. 9.SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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.
This act shall be known, and may be cited, as the Investor-Owned Utilities Accountability Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE), San Diego Gas and Electric Company (SDG&E), and SoCalGas, which have collectively exercised their monopoly over California ratepayers for over 100 years, have lost the trust of the people of California due to their crushingly high rates, exorbitant payouts to executives and shareholders, reckless endangerment of life and property, and excessive spending with the goal of generating profits rather than providing an essential service.
(b)Rates are higher in investor-owned utility (IOU) service territories across California than in not-for-profit utilities, including municipal utilities, rural electric cooperatives, and tribal utilities, which has resulted in working class and low-income people paying higher rates. On average, California IOU electricity rates are more than 50 percent higher than rates charged by publicly owned utilities. For IOU customers in California, rates have increased nearly 50 percent over the past three years.
(c)Under the current system, most distribution and transmission infrastructure is financed by IOUs and paid for by utility ratepayers. Ratepayers also pay for a rate of return for the IOUs for each project, which can average close to 10 percent. This return on investment rate creates a significant and increasingly unsustainable burden on ratepayers as more unnecessary transmission lines are constructed. This can result in unnecessary rate hikes for consumers, as capital expenses can be overestimated and overspent to increase profits. As an example, in the 2023 General Rate Case, PG&E admitted that they overestimated the actual cost of infrastructure needed by $3 billion. Despite electricity demand remaining stable, executive compensation, infrastructure spending, and customer rates continue to increase. While utilities submit new rate increase proposals on a roughly three- to four-year cycle to the Public Utilities Commission, they can also submit annual increases and emergency supplements. The compounding effect and increased frequency of these rate increases, largely related to wildfire emergencies, have unfairly burdened California residents. Specifically, from January 2021 to October 2024, inclusive, PG&E residential rates increased by 56 percent, SCE rates increased by 48 percent, and SDG&E rates increased by 21 percent.
(d)These increasing rate hikes and record profits are a function of the IOUs being unwilling to adequately serve their ratepayers through affordable utility rates. One in five households served by the states largest IOUs are in utility debt. From August 2022 to August 2024, inclusive, PG&E, SCE, and SDG&E also compensated their shareholders with $7.62 billion in dividends. During that period, the estimated cost to prevent all residential shutoffs for nonpayment was seventy-seven one hundredths of 1 percent of that compensation to shareholders.
(e)The IOUs have caused some of Californias most destructive wildfires. PG&E is responsible for more than 30 wildfires since 2017 that have destroyed more than 23,000 homes and businesses and killed more than 100 people. These fires include the 2017 Tubbs Fire, the 2018 Camp Fire, the 2019 Kincade Fire, the 2020 Zogg Fire, and the 2021 Dixie Fire. SCE was found responsible for burning more than 385,000 acres, destroying thousands of structures, and causing five deaths in the 2017 Rye Fire, the 2017 Meyers Fire, the 2017 Liberty Fire, the 2017 Thomas Fire, and the 2018 Woolsey Fire. In 2007, SDG&E caused three fires, the Witch Fire, the Guejito Fire, and the Rice Fire, burning 207,000 acres, killing two people, destroying 1,141 homes. Assembly Bill 1054 (Chapter 79 of the Statutes of 2019) established a wildfire insurance fund of $21 billion, all passed onto ratepayer bills, directly and indirectly.
(f)Past and present experience demonstrates that the IOUs prioritize profits over the safety and well-being of the ratepayers and residents of California, and thus, to support public necessity and public purpose, must be replaced with a well-researched and structured successor entity that focuses on the needs of ratepayers, workers, fire survivors, and community members instead of shareholders.
(g)The State of California created the not-for-profit public benefit corporation, Golden State Energy, designated as a receiver for PG&Es assets, through passing Senate Bill 350 (Chapter 27 of the Statutes of 2020) for the purpose of owning, controlling, operating, or managing electrical and gas services for its ratepayers, for the benefit of all Californians if PG&E were to lose its business license in a six-step accountability process overseen by the Public Utilities Commission. At that time, PG&E was in bankruptcy due to an untenable amount of liabilities for wildfires caused by its equipment. Senate Bill 350 created a successor in name only and was never in a position to receive PG&E assets. This bill builds on Senate Bill 350 by authorizing an in-depth unbiased study by a neutral third party to assess the practical, financial, legal, regulatory, labor, and technical aspects of a smooth and just transition away from the IOU model to one that prioritizes the needs of the people and ecology of the State of California.
SEC. 3.Chapter 3.5 (commencing with Section 25250) is added to Division 15 of the Public Resources Code, to read:3.5.Investor-Owned Utility Transition Feasibility Study25250.For purposes of this chapter, all of the following definitions apply:
(a)Critical minerals means those minerals specified by the United States Geological Survey as essential to the economic or national security of the United States, have a supply chain that is vulnerable to disruption, and serve an essential function in the manufacturing of a product, the absence of which would have significant consequences for the economic or national security of the United States. Critical minerals do not include fuel minerals, water, ice, or snow, or common varieties of sand, gravel, stone, pumice, cinders, or clay.
(b)Disadvantaged communities advisory group means the disadvantaged communities advisory group established pursuant to subdivision (g) of Section 400 of the Public Utilities Code.
(c)Disadvantaged community means a community identified pursuant to Section 39711 of the Health and Safety Code.
(d)Distributed energy resources means distributed renewable generation resources, energy efficiency, energy storage, electric vehicles, and demand response technologies.
(e)Electrical corporation means the same as defined in Section 218 of the Public Utilities Code, but does not include electrical cooperatives as defined in Section 2776 of the Public Utilities Code.
(f)Energy justice means the goal of achieving equity in both the social and economic participation in the energy systems, system, while also remediating the social, economic, and health burdens on of those historically harmed by the energy system, including disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(g)Equity, just, and justice mean describe the goal of creating systems, organizations, and societies that are fair and just, recognizing where disadvantages and barriers exist, and allocating resources and support to ensure equal access and opportunity for all populations.
(h)Just transition means a framework for a fair shift to an economy that is ecologically sustainable, equitable, and just for all its members.
(i)Labor institute means the UC Berkeley Labor Center or the UCLA Labor Center.
(j)Low-income means at or below 80 percent of the state median income.
(k)Research institute means an academic institution that can satisfy the requirements of this chapter with experience studying public utilities, energy, and economics. Research institute Research institute may include, but is not limited to, the Institute of the Environment and Sustainability at UCLA, the Goldman School of Public Policy at the University of California, Berkeley, or the Initiative for Climate Leadership and Resilience at California Polytechnic State University, San Luis Obispo.
(l)Successor entity means a public entity, nonprofit public benefit corporation, or mutual benefit corporation.
25251.(a)The commission shall select a research institute to conduct the comparative analysis described in subdivision (b). The research institute shall consult with a labor institute, if the labor institute chooses to participate, in conducting all aspects of the comparative analysis with respect to impacts on workforce and labor relations. The research institute shall complete the comparative analysis on or before January 1, 2029, and, upon completion, shall submit the comparative analysis to the Legislature, in compliance with Section 9795 of the Government Code, and to the commission.
(b)Consistent with Section 25253, the research institute shall complete a comparative analysis of the benefits and challenges of transitioning the electrical corporations to a successor entity in order to identify a recommended model, assess the feasibility of transitioning the electrical corporations to a successor entity, and identify priority just design features for the successor entity, with the goal of serving the public interest and necessity of the people and ecologies of California.
(c)(1)The commission shall solicit input from the disadvantaged communities advisory group, with supporting resources and recommendations from the Public Utilities Commission, on the scope of work to be performed by the selected research institute, on the financial modeling inputs to be used to determine economic benefits, and for comments on all preliminary and final drafts of the comparative analysis.
(2)Comments and recommendations from the disadvantaged communities advisory group that are not incorporated by the research institute shall be included as an addendum to the comparative analysis.
(d)Consistent with ordinary practice, the commission shall make a draft of the comparative analysis available to the public for comment before submitting the final draft of the comparative analysis to the Legislature.
(e)The cost of conducting the comparative analysis pursuant to this chapter shall not exceed five million dollars ($5,000,000).
25252.The commission, research institute, and the disadvantaged communities advisory group may solicit input from stakeholders, including, but not limited to, stakeholders with the following lived experiences or subject matter expertise:
(a)Tribal utilities.(a)Any relevant electrical utilities, including, but not limited to, tribal utilities, or electrical utilities that have undergone a transition as considered in this chapter.
(b)Community choice aggregation.
(c)Low-income residential ratepayer advocacy.
(d)Equitable rate design and utility cost allocation.
(e)Environmental justice, energy justice, or utility justice issues.
(f)Racial and economic justice.
(g)Survivors of wildfires caused by infrastructure owned and operated by electrical corporations.
(h)Disability rights.
(i)Federally recognized California Indian tribes.
(j)Nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(k)Labor unions representing utility workers.
(l)Inclusive workforce development.
(m)Deep knowledge of distributed energy resources and grid architecture.
25253.(a)The comparative analysis of the benefits and challenges component of transitioning the electrical corporations to a recommended successor entity described in subdivision (b) of Section 25251 shall provide a comparative assessment of transitioning the electrical corporations to either a public entity, nonprofit public benefit corporation, or mutual benefit corporation, assess the overall feasibility of transitioning the electrical corporations to a successor entity, and identify priority energy just design features for a successor entity.
(b)The comparative analysis shall comprise all of the following:
(1)An assessment of all legal, economic, financial, governance, and other relevant aspects of the ownership types required to successfully transition the assets and operations of the electrical corporations to a nonprofit public benefit corporation, such as Golden State Energy, a mutual benefit corporation, or a publicly owned electric utility, which may be in existence or yet to be formed.
(2)(A)A determination of the structural limitations or advantages of each ownership type relative to the successor entitys ability to serve the people of California and to achieve all of the following policy objectives:
(i)A demonstrable reduction in electricity costs for customers over a 30-year period, with a focus on increasing energy bill affordability for low-income communities, disadvantaged communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes, ensuring electricity costs are between 3 percent and 6 percent of household income.
(ii)Maintain or increase the pay and benefits of workers transitioning from electrical corporation employment, ensure the continuity of good union jobs, and promote inclusive workforce development in the region.
(iii)Increased public accountability, trust, and transparency in governing structures, financial spending, maintenance, and infrastructure decisions.
(iv)Rapid integration of clean energy and decarbonization strategies, including the successor entitys capacity to rapidly interconnect renewables, storage, and community-driven solutions.
(B)The comparative analysis shall include clear, actionable recommendations for which ownership structure or structures are best suited to achieve each objective.
(3)An assessment of the liability incurred by, and during, the electrical corporations ownership, including specifying the portion of risks and liabilities likely to be transferred to a successor entity.
(4)A quantification of the electrical corporations current tax obligations to the state.
(c)The feasibility assessment shall include all of the following:
(1)Identification of legal and regulatory issues, and recommendations for addressing these issues, that might arise from transitioning the assets and operations of the electrical corporations and their respective operations as described in this chapter, and post-transition, in order to do all of the following:
(A)Establish municipal utility districts, rural electric cooperatives, and tribal utilities within current electrical corporation territories.
(B)Safeguard or strengthen the worker and labor benefits, including union protections, during and after the transition period, and provide for workers rights and a just transition for workers impacted by the decommissioning of unsafe, polluting infrastructure.
(C)Identify and decommission generation, transmission, and piping infrastructure transferred to the successor entity that is unsafe and polluting, prioritizing infrastructure that is causing disproportionate harms in disadvantaged communities, low-income communities, federally recognized California Indian tribes, or nonfederally recognized California Native American tribes.
(D)Manage future wildfire liability.
(E)Equitably decommission gas infrastructure and transition towards electrification, prioritizing the decommissioning of gas powerplants in disadvantaged communities and replacement with community-owned distributed energy resources without unduly burdening ratepayers, especially low-income or disadvantaged ratepayers, with associated costs.
(2)A preliminary evaluation of the long-term costs and benefits over at least a 30-year horizon of a transfer in ownership to a successor entity, including an assumption for clean energy, electrification, and grid investments at a pace in accordance with state climate goals. This evaluation shall incorporate all of the following:
(A)Sensitivity analyses of key financial and policy variables, including, but not limited to, initial purchase price of electrical corporation assets, interest rates, assumed rate of capital investment in the electrical grid, and pace of electrification. The analyses shall consider a range of scenarios, from conservative to aggressive investment trajectories, to reflect uncertainty and assess relative risk exposure.
(B)Explicit model investment scenarios that align with Californias climate mandates and wildfire risk mitigation goals, including rapid, robust electrical grid modernization and distributed energy integration.
(C)A comparative assessment of the cost of capital under different ownership structures, and how this affects total system costs under varying levels of capital expenditure.
(D)Recommendations for optimal financing for purchases and transition and electrical grid investments by the successor entity, including, but not limited to, the issuance of lowest-cost lowest cost debt, securitization to offset any initial rate impact, necessary regulatory and legal adjustments, and tax-exempt bonding for municipal utilities.
(E)Consideration of the portion of utility capital expenses paid for by ratepayer contributions.
(F)Application of all legally claimed depreciation of assets by the electrical corporations.
(G)Equitable finance and revenue sources that may be available to the successor entity for its operational needs, including for purchase, maintenance, and upgrades, with information regarding all of the following:
(i)Mechanisms to support the creditworthiness of the successor entity during the early years of operation.
(ii)Access to bonds.
(iii)Long-term opportunities for public financing.
(iv)Ability to leverage federal funding in the form of elective pay, as outlined in the Inflation Reduction Act of 2022 (Public Law 117-169).
(v)Evaluation of revenue collected from rates and other financial resources in relation to the projected operational, maintenance, investment, and equity-related costs of the successor entity. This shall include analysis of whether these revenue sources are sufficient to meet the successor entitys statutory obligations and mission-aligned priorities, including affordability, equity, reliability, and climate resilience.
(H)An analysis of the implications of regional transmission use by noncustomer entities, and clear recommendations for mechanisms to ensure that the financial benefits of lower cost capital for transmission infrastructure accrue primarily to the customers of the successor entity, particularly those responsible for financing the asset acquisition. The analysis shall consider options to allocate savings fairly and avoid unintended cross-subsidization by customers who bear acquisition and transition costs.
(3)A thorough consideration of which electrical corporation assets should be prioritized for transfer and a timeline for those transfers, including full consideration of all of the following:
(A)The merits or risks of splitting ownership of the electrical corporations distribution infrastructure, transmission infrastructure, program administration, generation, and retail energy services, with clear recommendations regarding the most effective approach or approaches.
(B)The merits or risks of splitting ownership by geographic territory, with a clear recommendation regarding whether and how geographic division would support or hinder the goals of the successor entity.
(C)Grid architectures that maximize distributed energy resources and future needs for distribution system operator infrastructure.
(D)Potential benefits, if any, that may be realized by separating the ownership and operation of the electrical distribution system for future distribution system operator models.
(4)The final analysis shall provide clear, prioritized recommendations for legal, economic, financial, and governance pathways that best fulfill the goals outlined in this section, based on the evidence and scenario modeling described above.
(d)Recommendations for The final analysis shall recommend the just design features for of a successor entity and the mechanisms to realize them may include, achieve those features, including, but not be limited to, all of the following:
(1)Increasing social equity, electrical system reliability and performance, ecological sustainability, and climate resilience, including the ability to adapt to adverse climate-related weather disasters and other economic, social, and infrastructural crises.
(2)Minimizing environmental health harms in the region and in homes.
(3)Enhancing stewardship of finite resources and fragile ecologies through reducing the need for future large scale buildout, land clearing, or installation of ecologically disruptive energy generation, transmission, and distribution assets, and minimizing extraction of critical minerals.
(4)Prioritizing the needs of disadvantaged communities, low-income communities, federally recognized California Indian tribes, and nonfederally recognized California Native American tribes and residents of high fire risk areas.
(5)Creating innovative participatory governance and accountability structures that enable community members, including low-income members and users with disabilities, to meaningfully impact the priorities of the successor entity.
(6)Adopting mechanisms for sustained public engagement and transparency that holds the successor entity accountable to its mission to serve the communitys well-being.
(7)Creating alternative mechanisms to utility disconnections to cover nonpayment by customers.
(8)Including nonenergy impacts, social costs and benefits, health impacts, and more equitable climate outcomes in evaluating cost-effectiveness and decisionmaking.
25254.Upon completion of the comparative analysis described in Section 25253 by the research institute, on or before September 30, 2029, the commission, through a public process, shall present the analysis at a publicly noticed business meeting.
SEC. 4.Article 4.5 (commencing with Section 570) is added to Chapter 3 of Part 1 of Division 1 of the Public Utilities Code, to read:4.5.Infrastructure Project Procurement570.(a)For purposes of this section, best value means a procurement process whereby the selected bidder is selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.
(b)The commission shall develop a best value procurement model in a new or existing proceeding for use in the procurement of equipment and materials for electrical corporation infrastructure projects that compares the costs and benefits of potential supplies. The best value procurement model shall do all of the following:
(1)Apply only to equipment and materials for electrical infrastructure projects.
(2)Not apply to any work performed to carry out an electrical infrastructure project, including, but not limited to, work performed by job classifications covered by a collective bargaining agreement.
(3)Not apply to the procurement of equipment and materials by a contractor that has contracted with an electrical corporation to carry out an electrical infrastructure project.
(c)An electrical corporation may use sole source contracting for the procurement of equipment or materials for an electrical infrastructure project only in any of the following circumstances:
(1)The equipment or materials are in short supply.
(2)There is an exigent need for the equipment or materials.
(3)A specific brand or type of equipment or materials is essential for performance requirements.
(4)A best value procurement method is not feasible or would not result in a suitable contract.
(d)Any best value procurement method required by the commission shall conform to the parameters described in subdivision (b).
SEC. 5.Section 706.5 is added to the Public Utilities Code, to read:706.5.(a)On or before April 1, 2026, each electrical corporation shall submit a proposed executive compensation structure to the commission that is structured to promote safety as a priority and to ensure public safety through performance metrics.(b)The performance metrics shall include, but not be limited to, all of the following:(1)Successful completion of vegetation management and wildfire mitigation plans.(2)Decommissioning and removing risky electrical lines.(3)Building self-generation supported microgrids throughout the state, including in rural and remote areas of the state.(c)The commission shall approve the compensation structure if it meets the requirements of subdivision (b).SEC. 5.Section 706 of the Public Utilities Code is amended to read:706.(a)For purposes of this section, compensation means any annual salary, bonus, benefits, or other consideration of any value, paid to an officer of an electrical corporation or gas corporation.
(b)An electrical corporation or gas corporation shall not recover expenses for compensation from ratepayers. Compensation shall be paid solely by shareholders of the electrical corporation or gas corporation.
(c)(1)On or before April 1, 2026, each electrical corporation shall submit a proposed executive compensation structure to the commission that is structured to promote safety and affordability as a priority and to ensure public safety and ratepayer affordability through performance metrics.
(2)The performance metrics shall include, but not be limited to, all of the following:
(A)Successful completion of vegetation management and wildfire mitigation plans.
(B)Decommissioning and removing risky electrical lines.
(C)Building self-generation supported microgrids throughout the state, including in rural and remote areas of the state.
(D)Avoiding annual residential and small business rate increases that collectively exceed the Consumer Price Index measure of inflation.
(E)Ensuring the percentage of residential and small business ratepayers served by the electrical corporation who are in arrears does not exceed the baseline of the previous year.
(3)The commission shall approve the compensation structure if it meets the requirements of paragraph (2).
SEC. 6.Section 8386.8 is added to the Public Utilities Code, to read:8386.8.(a)Each electrical corporation shall triennially contract with an independent and reputable third party to audit all of the electrical corporations equipment and electrical lines and identify any equipment or electrical lines that have reached their end-of-life. The audit shall be completed in alignment with the wildfire mitigation plan cycle described in subdivision (b) of Section 8386.
(b)(1)An electrical corporation shall replace equipment and electrical lines identified by the independent third-party auditor pursuant to an audit described in subdivision (a) that are located in a high fire-threat district within five years of the audit.(2)Equipment and electrical lines that are replaced pursuant to paragraph (1) shall be undergrounded. Only the undergrounding costs that the commission finds to be just and reasonable may be recovered from ratepayers.(3)If it is more cost effective, considering the need to minimize the risk of catastrophic wildfire as quickly as possible, and meets the overall electrical grid needs, an electrical corporation shall install microgrid technology, or other wildfire mitigation alternatives, including covered conductors that conform to state and industry safety standards for electrical equipment, instead of replacing equipment and electrical lines pursuant to paragraph (1). Only the installation costs that the commission finds to be just and reasonable may be recovered from ratepayers.(c)(b)(1)The commission shall assess a fine on an electrical corporation that fails to comply with this section, as follows:
(A)The commission shall assess a fine on an electrical corporation that fails to complete a triennial audit pursuant to subdivision (a) based on the severity of the violation. For each subsequent year that an electrical corporation fails to complete an annual audit the fine amount shall be increased based on the severity of the violation.
(B)The commission shall assess a fine on an electrical corporation that fails to replace equipment pursuant to subdivision (b). The fine shall be based on the severity of the violation.(2)Fines collected pursuant to this subdivision shall be used to finance needed repairs. Any excess funds available after needed repairs may be transferred to a future maintenance and repair budget.
(d)(c)For purposes of this section, the following definitions apply:
(1)End-of-life end-of-life means the point when the equipment is no longer safe, reliable for use, or performing its intended function within established standards and specifications, and should be decommissioned or replaced.
(2)High fire-threat district has the same meaning as defined in Section 3280.SEC. 7.Section 8388.6 is added to the Public Utilities Code, to read:8388.6.After an emergency or disaster in which an electrical corporations electrical infrastructure was destroyed, if the electrical corporation rebuilds the destroyed electrical infrastructure, it shall use the most cost-effective wildfire mitigation strategies that conform to state and industry safety standards for electrical equipment and that minimize the risk of catastrophic wildfire as quickly as possible, including consideration of undergrounding and covered conductor methods, to the extent applicable. Only the costs incurred pursuant to this section that the commission finds to be just and reasonable may be recovered from ratepayers.SEC. 7.Section 8389 of the Public Utilities Code is amended to read:8389.(a)For purposes of this section, the following definitions apply:
(1)Board means the California Wildfire Safety Advisory Board established pursuant to Section 326.1.
(2)Division means the Wildfire Safety Division established pursuant to Section 326.
(3)Office means the Office of Energy Infrastructure Safety, within the Natural Resources Agency.
(b)By June 30, 2020, and annually thereafter, the board shall make recommendations to the division on all of the following:
(1)Appropriate performance metrics and processes for determining an electrical corporations compliance with its approved wildfire mitigation plan.
(2)Appropriate requirements in addition to the requirements set forth in Section 8386 for the wildfire mitigation plan.
(3)The appropriate scope and process for assessing the safety culture of an electrical corporation.
(c)By October 31, 2020, and annually thereafter, the division shall issue an analysis and recommendation to the commission on the recommendations provided by the board pursuant to subdivision (b).
(d)By December 1, 2020, and annually thereafter, the commission, after consultation with the division, shall adopt and approve all of the following:
(1)Performance metrics for electrical corporations.
(2)Additional requirements for wildfire mitigation plans.
(3)A wildfire mitigation plan compliance process.
(4)A process for the division to conduct annual safety culture assessments for each electrical corporation.
(e)The Director of the Office of Energy Infrastructure Safety shall issue a safety certification to an electrical corporation if the electrical corporation provides documentation of the following:
(1)The electrical corporation has an approved wildfire mitigation plan.
(2)The electrical corporation is in good standing, which can be satisfied by the electrical corporation having agreed to implement the findings of its most recent safety culture assessment performed pursuant to Section 8386.2 and paragraph (4) of subdivision (d), if applicable.
(3)The electrical corporation has established a safety committee of its board of directors composed of members with relevant safety experience.
(4)The electrical corporation has established an executive incentive compensation structure approved by the division and structured to promote safety as a priority and to ensure public safety and utility financial stability with performance metrics, including incentive compensation based on meeting performance metrics that are measurable and enforceable, for all executive officers, as defined in Section 451.5. This may include tying 100 percent of incentive compensation to safety performance and denying all incentive compensation in the event the electrical corporation causes a catastrophic wildfire that results in one or more fatalities.
(5)The electrical corporation has established board-of-director-level reporting to the commission and office on safety issues.
(6)(A)The electrical corporation has established a compensation structure for any new or amended contracts for executive officers, as defined in Section 451.5, that is based on the following principles:
(i)(I)Strict limits on guaranteed cash compensation, with the primary portion of the executive officers compensation based on achievement of objective performance metrics.
(II)No guaranteed monetary incentives in the compensation structure.
(ii)It satisfies the compensation principles identified in paragraph (4).
(iii)A long-term structure that provides a significant portion of compensation, which may take the form of grants of the electrical corporations stock, based on the electrical corporations long-term performance and value. This compensation shall be held or deferred for a period of at least three years.
(iv)Minimization or elimination of indirect or ancillary compensation that is not aligned with shareholder and taxpayer interest in the electrical corporation.
(B)The division shall approve the compensation structure of an electrical corporation if it determines the structure meets the principles set forth in subparagraph (A) and paragraph (4).
(C)It is the intent of the Legislature, in enacting this paragraph and paragraph (4), that any approved bankruptcy reorganization plan of an electrical corporation should, in regards to compensation for executive officers of the electrical corporation, comply with the requirements of those paragraphs.
(7)The electrical corporation is implementing its approved wildfire mitigation plan. The electrical corporation shall file a notification of implementation of its wildfire mitigation plan with the office and an information-only submittal with the commission on a quarterly basis that details the implementation of both its approved wildfire mitigation plan and recommendations of the most recent safety culture assessments by the commission and office, and a statement of the recommendations of the board of directors safety committee meetings that occurred during the quarter. The notification and information-only submittal shall also summarize the implementation of the safety committee recommendations from the electrical corporations previous notification and submission. If the office has reason to doubt the veracity of the statements contained in the notification or information-only submittal, it shall perform an audit of the issue of concern. The electrical corporation shall provide a copy of the information-only submittal to the office.
(8)Documentation related to compensation shall include specified dollar amounts.
(f)(1)The office shall issue an initial safety certification within 30 days of receipt of a request for that certification by an electrical corporation if the electrical corporation provides documentation that it is meeting the requirements set forth in paragraphs (1), (2), (3), and (5) of subdivision (e). A safety certification shall be valid for the 12 consecutive months following the issuance of the certification.
(2)Before the expiration of a certification, an electrical corporation shall submit to the division a request for certification for the following 12 months. The division shall issue a safety certification within 90 days of a request if the electrical corporation has provided documentation that it has satisfied the requirements in subdivision (e).
(3)All documents submitted pursuant to this section shall be publicly available on the commissions internet website. Beginning July 1, 2021, all documents submitted pursuant to this section shall be publicly available on the offices internet website. The commission is no longer responsible for posting this information as of July 1, 2021; however, nothing in this section prevents the commission from posting this information.
(4)Notwithstanding paragraph (1), a safety certification shall remain valid until the division acts on the electrical corporations pending request for safety certification.
(g)If the division determines an electrical corporation is not in compliance with its approved wildfire mitigation plan, it may recommend that the commission pursue an enforcement action against the electrical corporation for noncompliance with its approved plan.
SEC. 8.Chapter 10 (commencing with Section 8450) is added to Division 4.1 of the Public Utilities Code, to read:10.Utility Service Disconnections8450.For purposes of this chapter, all of the following definitions apply:
(a)Electrical corporation has the same meaning as defined in Section 218.
(b)Gas corporation has the same meaning as defined in Section 222.
(c)Local publicly owned electric utility has the same meaning as defined in Section 224.3.
(d)Utility means an electrical corporation, local publicly owned electric utility, gas corporation, or local publicly owned gas utility.
8451.Each utility shall quarterly post all of the following information concerning termination of service due to nonpayment on their respective internet websites:
(a)The total number of customers terminated.
(b)The total number of customers reconnected.
(c)The total number of payment agreements.
(d)The total number of customers in arrears and the aggregated value of the arrears.
(e)The total number of payment plans in effect and the number of payment plans that have been broken.
SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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.
This act shall be known, and may be cited, as the Investor-Owned Utilities Accountability Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE), San Diego Gas and Electric Company (SDG&E), and SoCalGas, which have collectively exercised their monopoly over California ratepayers for over 100 years, have lost the trust of the people of California due to their crushingly high rates, exorbitant payouts to executives and shareholders, reckless endangerment of life and property, and excessive spending with the goal of generating profits rather than providing an essential service.
(b)Rates are higher in investor-owned utility (IOU) service territories across California than in not-for-profit utilities, including municipal utilities, rural electric cooperatives, and tribal utilities, which has resulted in working class and low-income people paying higher rates. On average, California IOU electricity rates are more than 50 percent higher than rates charged by publicly owned utilities. For IOU customers in California, rates have increased nearly 50 percent over the past three years.
(c)Under the current system, most distribution and transmission infrastructure is financed by IOUs and paid for by utility ratepayers. Ratepayers also pay for a rate of return for the IOUs for each project, which can average close to 10 percent. This return on investment rate creates a significant and increasingly unsustainable burden on ratepayers as more unnecessary transmission lines are constructed. This can result in unnecessary rate hikes for consumers, as capital expenses can be overestimated and overspent to increase profits. As an example, in the 2023 General Rate Case, PG&E admitted that they overestimated the actual cost of infrastructure needed by $3 billion. Despite electricity demand remaining stable, executive compensation, infrastructure spending, and customer rates continue to increase. While utilities submit new rate increase proposals on a roughly three- to four-year cycle to the Public Utilities Commission, they can also submit annual increases and emergency supplements. The compounding effect and increased frequency of these rate increases, largely related to wildfire emergencies, have unfairly burdened California residents. Specifically, from January 2021 to October 2024, inclusive, PG&E residential rates increased by 56 percent, SCE rates increased by 48 percent, and SDG&E rates increased by 21 percent.
(d)These increasing rate hikes and record profits are a function of the IOUs being unwilling to adequately serve their ratepayers through affordable utility rates. One in five households served by the states largest IOUs are in utility debt. From August 2022 to August 2024, inclusive, PG&E, SCE, and SDG&E also compensated their shareholders with $7.62 billion in dividends. During that period, the estimated cost to prevent all residential shutoffs for nonpayment was seventy-seven one hundredths of 1 percent of that compensation to shareholders.
(e)The IOUs have caused some of Californias most destructive wildfires. PG&E is responsible for more than 30 wildfires since 2017 that have destroyed more than 23,000 homes and businesses and killed more than 100 people. These fires include the 2017 Tubbs Fire, the 2018 Camp Fire, the 2019 Kincade Fire, the 2020 Zogg Fire, and the 2021 Dixie Fire. SCE was found responsible for burning more than 385,000 acres, destroying thousands of structures, and causing five deaths in the 2017 Rye Fire, the 2017 Meyers Fire, the 2017 Liberty Fire, the 2017 Thomas Fire, and the 2018 Woolsey Fire. In 2007, SDG&E caused three fires, the Witch Fire, the Guejito Fire, and the Rice Fire, burning 207,000 acres, killing two people, destroying 1,141 homes. Assembly Bill 1054 (Chapter 79 of the Statutes of 2019) established a wildfire insurance fund of $21 billion, all passed onto ratepayer bills, directly and indirectly.
(f)Past and present experience demonstrates that the IOUs prioritize profits over the safety and well-being of the ratepayers and residents of California, and thus, to support public necessity and public purpose, must be replaced with a well-researched and structured successor entity that focuses on the needs of ratepayers, workers, fire survivors, and community members instead of shareholders.
(g)The State of California created the not-for-profit public benefit corporation, Golden State Energy, designated as a receiver for PG&Es assets, through passing Senate Bill 350 (Chapter 27 of the Statutes of 2020) for the purpose of owning, controlling, operating, or managing electrical and gas services for its ratepayers, for the benefit of all Californians if PG&E were to lose its business license in a six-step accountability process overseen by the Public Utilities Commission. At that time, PG&E was in bankruptcy due to an untenable amount of liabilities for wildfires caused by its equipment. Senate Bill 350 created a successor in name only and was never in a position to receive PG&E assets. This bill builds on Senate Bill 350 by authorizing an in-depth unbiased study by a neutral third party to assess the practical, financial, legal, regulatory, labor, and technical aspects of a smooth and just transition away from the IOU model to one that prioritizes the needs of the people and ecology of the State of California.
SEC. 3.Chapter 3.5 (commencing with Section 25250) is added to Division 15 of the Public Resources Code, to read:3.5.Investor-Owned Utility Transition Feasibility Study25250.For purposes of this chapter, all of the following definitions apply:
(a)Clean energy investments, incentives, and ownership refers to the levels of private investment or public incentives in energy resources eligible under the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code), and the entities that provided the investment or incentives and own the resources.(b)(a)Critical minerals means those minerals specified by the United States Geological Survey as essential to the economic or national security of the United States, have a supply chain that is vulnerable to disruption, and serve an essential function in the manufacturing of a product, the absence of which would have significant consequences for the economic or national security of the United States. Critical minerals do not include fuel minerals, water, ice, or snow, or common varieties of sand, gravel, stone, pumice, cinders, or clay.
(c)(b)Disadvantaged communities advisory group means the disadvantaged communities advisory group established pursuant to subdivision (g) of Section 400 of the Public Utilities Code.
(d)(c)Disadvantaged community means a community identified pursuant to Section 39711 of the Health and Safety Code.
(e)(d)Distributed energy resources means distributed renewable generation resources, energy efficiency, energy storage, electric vehicles, and demand response technologies.
(f)Endangered species means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease.(g)Energy burden means the expense of energy expenditures relative to overall household income.(e)Electrical corporation means the same as defined in Section 218 of the Public Utilities Code, but does not include electrical cooperatives as defined in Section 2776 of the Public Utilities Code.
(h)(f)Energy justice means the goal of achieving equity in both the social and economic participation in the energy systems, while also remediating social, economic, and health burdens on those historically harmed by the energy system, including disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(i)(g)Equity, just, and justice mean the goal of creating systems, organizations, and societies that are fair and just, recognizing where disadvantages and barriers exist, and allocating resources and support to ensure equal access and opportunity for all populations.
(j)Investor-owned utilities or IOUs means all of the following:(1)Pacific Gas and Electric Company, PG&E Corporation, any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of electrical or gas service within Pacific Gas and Electric Companys service territory, and any successor to any of the foregoing.(2)Southern California Edison, SCE, any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of electrical or gas service within Southern California Edisons service territory, and any successor to any of the foregoing.(3)Southern California Gas, a subsidiary of Sempra, SoCal Gas, and any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of gas service within Southern California Gas service territory, and any successor to any of the foregoing.(4)San Diego Gas and Electric, a subsidiary of Sempra, SDG&E, and any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of electrical or gas service within San Diego Gas and Electrics service territory, and any successor to any of the foregoing.(k)(h)Just transition means a framework for a fair shift to an economy that is ecologically sustainable, equitable, and just for all its members.
(i)Labor institute means the UC Berkeley Labor Center or the UCLA Labor Center.
(l)(j)Low-income means at or below 80 percent of the state median income.
(m)Microgrid means an interconnected system of loads and energy resources, including, but not limited to, distributed energy resources, energy storage, demand response tools, or other management, forecasting, and analytical tools, appropriately sized to meet customer needs, within a clearly defined electrical boundary that can act as a single, controllable entity, and can connect to, disconnect from, or run in parallel with larger portions of the electrical grid, or can be managed and isolated to withstand larger disturbances and maintain electrical supply to connected critical infrastructure.(n)Study team means one or more qualified organizations, public institutions, or consulting firms that is awarded the request for proposal to develop the study pursuant to Section 25251.(k)Research institute means an academic institution that can satisfy the requirements of this chapter with experience studying public utilities, energy, and economics. Research institute may include, but is not limited to, the Institute of the Environment and Sustainability at UCLA, the Goldman School of Public Policy at the University of California, Berkeley, or the Initiative for Climate Leadership and Resilience at California Polytechnic State University, San Luis Obispo.
(o)(l)Successor entity means a public entity, nonprofit public benefit corporation, or mutual benefit corporation.
25251.(a)The commission, on or before March 31, 2026, based on the scoring evaluation developed and conducted by the Disadvantaged Communities Advisory Group, and in coordination with the public advisor and the Public Utilities Commission, shall issue a request for proposals for a team to develop a study to do both of the following:(1)Consistent with Section 25254, conduct a historical energy justice assessment of the IOUs operations and impacts on California residents, wildlife, and ecologies, with a focus on disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.25251.(a)The commission shall select a research institute to conduct the comparative analysis described in subdivision (b). The research institute shall consult with a labor institute, if the labor institute chooses to participate, in conducting all aspects of the comparative analysis with respect to impacts on workforce and labor relations. The research institute shall complete the comparative analysis on or before January 1, 2029, and, upon completion, shall submit the comparative analysis to the Legislature, in compliance with Section 9795 of the Government Code, and to the commission.
(2)(b)Consistent with Section 25255, 25253, the research institute shall complete a comparative analysis of the benefits and challenges of transitioning the IOUs electrical corporations to a successor entity in order to identify a recommended model, assess the feasibility of transitioning the IOUs electrical corporations to a successor entity, and identify priority just design features for the successor entity, with the goal of serving the public interest and necessity of the people and ecologies of California.
(b)The request for proposals shall seek applications that contain one or more organizations, public universities, or consultants with a demonstrated commitment to working with disadvantaged communities, and include partnership with the Disadvantaged Communities Advisory Group.(c)Organization qualifications shall include all of the following:(1)An eligible organization or consultant shall not have received more than one-half their income in the last three years from or for investor-owned utilities. An organization or consultant that has more than 10 percent of their work from any investor-owned utilities in California shall be required to set up appropriate safeguards to prevent conflicts of interest in the study analysis. An eligible institution, department, or principal investigator within a university shall not have received more than 10 percent of their funding in the past five years from investor owned utilities.(2)An eligible organization or consultant team shall demonstrate:(A)Experience in policy, finance, grid design, and structural redesign work performed for jurisdictions with a population size of at least 1,000,000 people or a geographic area of 500 square miles.(B)Through case studies of prior work, demonstrated ability to fairly engage and integrate multiple stakeholder perspectives involved in or impacted by renewable energy generation, distribution, or transmission systems.(C)A clear record of research that indicates knowledge of, and engagement with, multiple utility ownership models, including both municipal and investor owned utilities.(D)A clear record of research that demonstrates an understanding of the energy justice and distributional impacts of current energy systems and protocols across the utility system.(d)On or before June 30, 2026, the commission, based on scoring developed and conducted by the Disadvantaged Communities Advisory Group, and(c)(1)The commission shall solicit input from the disadvantaged communities advisory group, with supporting resources and recommendations from the Public Utilities Commission, shall select the team with the highest score that meets the qualifications outlined in subdivision (c) and demonstrates their ability to meet study objectives outlined in subdivision (a) and Sections 25254 and 25255 as the study team. on the scope of work to be performed by the selected research institute, on financial modeling inputs to be used to determine economic benefits, and for comments on all preliminary and final drafts of the comparative analysis.
(e)The commission shall hold a public proceeding and submit a report of the study teams findings and recommendations, including any statutory changes that may be required, to the Legislature, in compliance with Section 9795 of the Government Code, no later than 24 months after selecting the study team.(2)Comments and recommendations from the disadvantaged communities advisory group that are not incorporated by the research institute shall be included as an addendum to the comparative analysis.
(d)Consistent with ordinary practice, the commission shall make a draft of the comparative analysis available to the public for comment before submitting the final draft of the comparative analysis to the Legislature.
(e)The cost of conducting the comparative analysis pursuant to this chapter shall not exceed five million dollars ($5,000,000).
25252.(a)The commission shall require the study team to select and convene an advisory council, with recommendations from the Disadvantaged Communities Advisory Group, by December 31, 2026, to participate in the study of the vision for a new energy system as outlined in Section 25255. The advisory council shall review and provide recommendations on the initial scope of the study and on all preliminary and final drafts. Comments and recommendations from the advisory council that are not incorporated by the study team shall be included as an addendum to the study.(b)(1)The advisory council shall be drawn from diverse backgrounds to represent interests of disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes throughout the IOUs service territories and represent geographically diverse areas of California and consist of at least 13 members who collectively represent 25252.The commission, research institute, and the disadvantaged communities advisory group may solicit input from stakeholders, including, but not limited to, stakeholders with the following lived experiences and or subject matter expertise:
(A)(a)Tribal utilities.
(B)(b)Community choice aggregation.
(C)(c)Low-income residential ratepayer advocacy.
(D)(d)Equitable rate design and utility cost allocation.
(E)(e)Environmental justice, energy justice, or utility justice issues.
(F)(f)Racial and economic justice.
(G)(g)Survivors of IOU-caused wildfires. wildfires caused by infrastructure owned and operated by electrical corporations.
(H)(h)Disability rights.
(I)(i)Federally recognized California Indian tribes.
(J)(j)Nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(K)(k)Labor unions representing utility workers.
(L)(l)Inclusive workforce development.
(M)(m)Deep knowledge of distributed energy resources and grid architecture.
(2)Members of the advisory council shall not be current or previous employees, or current contractors, of an electrical corporation, as defined in Section 218 of the Public Utilities Code.(c)Members of the advisory council shall be entitled to per diem compensation and reimbursement of expenses for meetings, upon appropriation by the Legislature.25253.(a)For purposes of carrying out this chapter, the study team may do all of the following:(1)Consult with any stakeholders as needed or appropriate.(2)Request the production of books, records, correspondence, figures, charts, memoranda, papers, and documents, and other relevant materials of any nature from the commission, the Public Utilities Commission, and the IOUs.(b)For purposes of carrying out this chapter, the study team shall do all of the following:(1)Collaborate with the advisory council and the commission, through the Office of the Public Advisor, Energy Equity, and Tribal Affairs, to host a minimum of four public hearings in geographically diverse regions of the IOUs service territories and during a variety of times to accommodate different work schedules.(2)In its specific findings, clarify all assumptions for findings and include citations to the original data or source for those assumptions.(c)A member of the study team may, if authorized by the prime consultant, take any action that the overall consultant team is authorized to take pursuant to this section.(d)On behalf of the commission, the study team may acquire directly from the head of a state agency available information that they consider useful in fulfilling their deliverables. All state agencies shall cooperate with the commission on behalf of the study team with respect to such information and shall furnish all information requested by the study team to the extent permitted by law. The study team shall keep confidential any information received from a state agency that is confidential or exempt from the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) or subject to a nondisclosure agreement.(e)As consultants to the commission, the study team shall have the administrative, technical, and legal assistance of the Department of Justice, the commission, the Public Utilities Commission, and the State Air Resources Board.(f)The study team may procure supplies and services by contract in accordance with applicable laws and rules.(g)The study team may enter into subcontracts for purposes of conducting research or surveys, preparing reports, and performing other activities necessary for the fulfillment of their research deliverables with state departments, agencies, and other instrumentalities of the state, federal departments, agencies, and other federal instrumentalities, and private entities. Subcontractors shall also meet the qualifications outlined in paragraph (1) of subdivision (c) of Section 25251.(h)For purposes of carrying out this chapter, the commission, through the Public Advocates Office, may do all of the following in service of completion of deliverables for the contract:(1)Hold hearings and sit and act at any time and location in California.(2)Consult with any issueholders as deemed necessary to achieve the objectives of this chapter.(3)Request the attendance and testimony of witnesses.(4)Seek an order from a superior court compelling testimony or compliance with a subpoena, including from the IOUs executive leadership.25254.The historical energy justice assessment component of the study described in Section 25251 shall assess the IOUs historical and ongoing operations and impacts on California residents, wildlife, and ecologies, with a focus on impacts to disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission, broken down by ZIP Code, income, race, age, and other relevant demographics. The assessment shall include, but is not limited to, all of the following:(a)An assessment and quantification of the distribution of health harms and reduced lifespans resulting from wildfires, polluting energy generation facilities, and infrastructure.(b)An assessment and quantification of the economic distribution of clean energy investments, incentives, and ownership.(c)An assessment of the impacts of rate increases and the extent and distribution of energy burdens based on historical rates.(d)An assessment of the distribution and quantity of utility disconnections, including disconnections due to lack of payment and public safety power shutoffs.(e)An assessment of the emotional, economic, ecological, and safety-related impacts from disasters caused by the IOUs, including, but not limited to, wildfires, pipeline explosions, power shutoffs, deenergization events, and the potential health impacts and lifespan reductions from those impacts.(f)An assessment of the pollution and other ecological impacts from energy generating infrastructure and the potential health impacts and lifespan reductions from those impacts.(g)An assessment of the extent and distribution of delayed or lack of provision of electricity and gas service and hookups.(h)An assessment of the liability incurred by, and during, the IOUs ownership, including specifying the portion of risks and liabilities likely to be transferred to a successor entity.(i)A quantification of the IOUs current tax obligations to the state.(j)An assessment of lands taken or received that were previously owned and stewarded by federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.(k)An assessment of the IOUs historical and ongoing impacts on California wildlife, endangered species, and ecologies.(l)An assessment and audit of the IOUs capital expenditures and operating expenses to identify the cost-effectiveness of infrastructure investments.25255.25253.(a)The comparative analysis of the benefits and challenges component of transitioning the IOUs electrical corporations to a recommended successor entity portion of the study described in paragraph (2) of subdivision (a) (b) of Section 25251 shall provide a comparative assessment of transitioning the IOUs electrical corporations to either a public entity, nonprofit public benefit corporation, or mutual benefit corporation, assess the overall feasibility of transitioning the IOUs electrical corporations to a successor entity, and identify priority energy just design features for a successor entity.
(b)The comparative analysis shall comprise all of the following:
(1)An assessment of all legal, economic, financial, governance, and other relevant aspects of the ownership types required to successfully transition the assets and operations of the IOUs electrical corporations to a nonprofit public benefit corporation, such as Golden State Energy, a mutual benefit corporation, or a publicly owned electric utility, which may be in existence or yet to be formed.
(2)An assessment of whether there are any (A)A determination of the structural limitations or advantages of each ownership type relative to the successor entitys ability to serve the people of California and to achieving achieve all of the following policy objectives:
(A)(i)A demonstrable reduction in electricity costs for customers over a 30-year period, with a focus on increasing energy bill affordability for low-income communities, disadvantaged communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes, ensuring electricity costs are less than between 3 percent and 6 percent of household income.
(B)Increased opportunity for labor benefits through maintaining pensions and increasing benefits for workers, increasing good union jobs and inclusive workforce development in the region.(ii)Maintain or increase the pay and benefits of workers transitioning from electrical corporation employment, ensure the continuity of good union jobs, and promote inclusive workforce development in the region.
(C)(iii)Increased public accountability, trust, and transparency in governing structures, financial spending, maintenance, and infrastructure decisions.
(iv)Rapid integration of clean energy and decarbonization strategies, including the successor entitys capacity to rapidly interconnect renewables, storage, and community-driven solutions.
(B)The comparative analysis shall include clear, actionable recommendations for which ownership structure or structures are best suited to achieve each objective.
(3)An assessment of the liability incurred by, and during, the electrical corporations ownership, including specifying the portion of risks and liabilities likely to be transferred to a successor entity.
(4)A quantification of the electrical corporations current tax obligations to the state.
(c)The feasibility assessment shall include all of the following:
(1)Identification of legal and regulatory issues, and recommendations for addressing these issues, that might arise from transitioning the assets and operations of the IOUs electrical corporations and their respective operations as described in this chapter, and post-transition, in order to do all of the following:
(A)Maintain the authority for the establishment of municipal utility districts, rural electric cooperatives, and tribal utilities, and ensure the successor entity cooperates with other public entities.(A)Establish municipal utility districts, rural electric cooperatives, and tribal utilities within current electrical corporation territories.
(B)Safeguard or strengthen the worker and labor benefits, including union protections, during and after the transition period, and provide for workers rights and a just transition for workers impacted by the decommissioning of unsafe, polluting infrastructure.
(C)Safely Identify and decommission generation, transmission, and piping infrastructure transferred to the successor entity that is unsafe and polluting, prioritizing infrastructure that is causing disproportionate harms in disadvantaged communities, low-income communities, federally recognized California Indian tribes, or nonfederally recognized California Native American tribes, and evaluate the feasibility based on two target dates, 2032 and 2045. tribes.
(D)Manage future wildfire liability.
(E)Equitably decommission gas infrastructure and transition towards electrification, prioritizing the decommissioning of gas powerplants in disadvantaged communities and replacement with community-owned distributed energy resources without unduly burdening ratepayers, especially low-income or disadvantaged ratepayers, with associated costs.
(2)A preliminary evaluation of the long-term costs and benefits over at least a 30-year horizon of a transfer in ownership to a successor entity, including an assumption for clean energy, electrification, and grid investments at a pace in accordance with state climate goals. This evaluation shall incorporate all of the following:
(A)The potential for securitization of debt, including consideration of tax-exempt bonding for municipal utilities.(A)Sensitivity analyses of key financial and policy variables, including, but not limited to, initial purchase price of electrical corporation assets, interest rates, assumed rate of capital investment in the electrical grid, and pace of electrification. The analyses shall consider a range of scenarios, from conservative to aggressive investment trajectories, to reflect uncertainty and assess relative risk exposure.
(B)Explicit model investment scenarios that align with Californias climate mandates and wildfire risk mitigation goals, including rapid, robust electrical grid modernization and distributed energy integration.
(C)A comparative assessment of the cost of capital under different ownership structures, and how this affects total system costs under varying levels of capital expenditure.
(D)Recommendations for optimal financing for purchases and transition and electrical grid investments by the successor entity, including, but not limited to, the issuance of lowest-cost debt, securitization to offset any initial rate impact, necessary regulatory and legal adjustments, and tax-exempt bonding for municipal utilities.
(B)(E)Consideration of the portion of utility capital expenses paid for by ratepayer contributions.
(C)(F)Application of all legally claimed depreciation of assets by the IOUs. electrical corporations.
(D)(G)Equitable finance and revenue sources that may be available to the successor entity for its operational needs, including for purchase, maintenance, and upgrades, with information regarding all of the following:
(i)Mechanisms to support the creditworthiness of the successor entity during the early years of operation.
(ii)Access to bonds.
(iii)Long-term opportunities for public financing.
(iv)Ability to leverage federal funding in the form of elective pay, as outlined in the Inflation Reduction Act of 2022 (Public Law 117-169).
(v)Options for revenue collected from rates and other financial resources.(v)Evaluation of revenue collected from rates and other financial resources in relation to the projected operational, maintenance, investment, and equity-related costs of the successor entity. This shall include analysis of whether these revenue sources are sufficient to meet the successor entitys statutory obligations and mission-aligned priorities, including affordability, equity, reliability, and climate resilience.
(H)An analysis of the implications of regional transmission use by noncustomer entities, and clear recommendations for mechanisms to ensure that the financial benefits of lower cost capital for transmission infrastructure accrue primarily to the customers of the successor entity, particularly those responsible for financing the asset acquisition. The analysis shall consider options to allocate savings fairly and avoid unintended cross-subsidization by customers who bear acquisition and transition costs.
(3)A thorough consideration of which IOU electrical corporation assets should be prioritized for transfer and a timeline for those transfers, including full consideration of all of the following:
(A)The merits or risks of splitting ownership of the IOUs electrical corporations distribution infrastructure, transmission infrastructure, program administration, generation, and retail energy services. services, with clear recommendations regarding the most effective approach or approaches.
(B)The merits or risks of splitting ownership of the IOUs electrical and gas infrastructure.(C)(B)The merits or risks of splitting ownership by geographic territory. territory, with a clear recommendation regarding whether and how geographic division would support or hinder the goals of the successor entity.
(D)A full consideration of which assets to prioritize for transfer and a timeline for those transfers, including consideration of grid architectures(C)Grid architectures that maximize distributed energy resources and future needs for distribution system operator infrastructure.
(E)An evaluation of potential(D)Potential benefits, if any, that may be realized by separating the ownership and operation of the electrical distribution system for future distribution system operator models.
(4)The final analysis shall provide clear, prioritized recommendations for legal, economic, financial, and governance pathways that best fulfill the goals outlined in this section, based on the evidence and scenario modeling described above.
(d)The identification of Recommendations for just design features for a successor entity and the mechanisms to realize them shall may include, but not be limited to, all of the following:
(1)The acknowledgment, rectification, and repair of prior harms, as found in the historical energy justice assessment pursuant to Section 25254.(2)(1)Increasing social equity, electrical system reliability and performance, ecological sustainability, and climate resilience, including the ability to adapt to adverse climate-related weather disasters and other economic, social, and infrastructural crises.
(3)(2)Minimizing environmental health harms in the region and in homes.
(4)(3)Enhancing stewardship of finite resources and fragile ecologies through reducing the need for future large scale buildout, land clearing, or installation of ecologically disruptive energy generation, transmission, and distribution assets, and minimizing extraction of critical minerals.
(5)Focusing on(4)Prioritizing the needs of disadvantaged communities, low-income communities, federally recognized California Indian tribes, and nonfederally recognized California Native American tribes in decisionmaking processes. and residents of high fire risk areas.
(6)(5)Creating innovative participatory governance and accountability structures that enable community members, including low-income members and users with disabilities, to meaningfully impact the priorities of the successor entity.
(7)(6)Adopting mechanisms for sustained public engagement and transparency that holds the successor entity accountable to its mission to serve the communitys well-being.
(8)(7)Creating alternative mechanisms to utility disconnections to cover nonpayment by customers.
(9)(8)Including nonenergy impacts, social costs and benefits, health impacts, and more equitable climate outcomes in evaluating cost-effectiveness and decisionmaking.
(10)Creating governance of the successor entity in a manner that maximizes public participation and energy democracy, including all of the following:(A)Whether members of the board of directors of the successor entity should be appointed pursuant to Part 2 (commencing with Section 3420) of Division 1.7 of the Public Utilities Code, elected by the customers of the successor entity, or a combination of appointees and elected members, and what type of expertise or experience should be represented.(B)Term limits for members of the board of directors.(C)Size and representation of the board of directors.(D)Involvement of, and robust funding of, technical assistance mechanisms to support community-based organizations in contributing to the decisions of the board of directors.(E)Adequate full-time staffing needs for the board of directors.(11)Requirements on the operations of the successor entity, including on all of the following:(A)Data collection by the successor entity and the public availability of collected data.(B)Public engagement and transparency, including all of the following:(i)Public engagement timelines and processes for rate cases, budget planning, and other policy and program approvals.(ii)Public meetings, notices, and comment periods.(iii)Relationships with local government, including reporting and communication requirements on projects undertaken by the successor entity with defined local economic benefits.25256.(a)
25254.Upon completion of the study components analysis described in Sections 25254 and 25255, the study team, in consultation with the advisory council, consistent with Section 25252, shall recommend a particular successor entity ownership type to the commission for further feasibility review considerations.
(b)On Section 25253 by the research institute, on or before September 30, 2028, 2029, the commission, through a public process, shall present the study analysis at a publicly noticed business meeting.
SEC. 4.Article 4.5 (commencing with Section 570) is added to Chapter 3 of Part 1 of Division 1 of the Public Utilities Code, to read:4.5.Infrastructure Project Procurement570.(a)For purposes of this article, all of the following definitions apply:
(a)Best section, best value means a procurement process whereby the selected bidder is selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.
(b)Best value contract means a competitively bid contract entered into pursuant to this article.(c)Best value contractor means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract.(d)Demonstrated management competency means the experience, competency, capability, and capacity of the proposed management staff to complete projects of similar size, scope, or complexity.(e)Financial condition means the financial resources needed to perform the contract. The criteria used to evaluate a bidders financial condition shall include, at a minimum, capacity to obtain all required payment bonds, performance bonds, and liability insurance.(f)Labor compliance means the ability to comply with, and past performance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. The criteria used to evaluate a bidders labor compliance shall include, at a minimum, the bidders ability to comply with the apprenticeship requirements of the California Apprenticeship Council and the Department of Industrial Relations, its past conformance with those requirements, and its past conformance with requirements to pay prevailing wages on public works projects.(g)Qualifications means the financial condition, relevant experience, demonstrated management competency, labor compliance, and safety record of the bidder, and, if required by the bidding documents, some or all of the preceding qualifications as they pertain to subcontractors proposed to be used by the bidder for designated portions of the work. The commission shall evaluate financial condition, relevant experience, demonstrated management competency, labor compliance, and safety record, using, to the maximum extent possible, quantifiable measurements.(h)Relevant experience means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity.(i)Safety record means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidders safety record shall include, at a minimum, its experience modification rate for the most recent three-year period and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period.(b)The commission shall develop a best value procurement model for use in the procurement of equipment and materials for electrical corporation infrastructure projects that compares the costs and benefits of potential supplies. The best value procurement model shall do all of the following:
(1)Apply only to equipment and materials for electrical infrastructure projects.
(2)Not apply to any work performed to carry out an electrical infrastructure project, including, but not limited to, work performed by job classifications covered by a collective bargaining agreement.
(3)Not apply to the procurement of equipment and materials by a contractor that has contracted with an electrical corporation to carry out an electrical infrastructure project.
(c)An electrical corporation may use sole source contracting for the procurement of equipment or materials for an electrical infrastructure project only in any of the following circumstances:
(1)The equipment or materials are in short supply.
(2)There is an exigent need for the equipment or materials.
(3)A specific brand or type of equipment or materials is essential for performance requirements.
(4)A best value procurement method is not feasible or would not result in a suitable contract.
(d)Any best value procurement method required by the commission shall conform to the parameters described in subdivision (b).
571.The commission shall develop a best value procurement model for consideration in the procurement of all electrical corporation infrastructure projects. The best value procurement model shall consider all of the following:(a)Demonstrated management competency.(b)Financial condition.(c)Labor compliance, consistent with existing labor contracts.(d)Relevant experience.(e)Safety records.SEC. 5.Section 706.5 is added to the Public Utilities Code, to read:706.5.(a)On or before April 1, 2026, each electrical corporation shall submit a proposed executive compensation structure to the commission that is structured to promote safety as a priority and to ensure public safety through performance metrics.
(b)The performance metrics shall include, but not be limited to, all of the following:
(1)Successful completion of vegetation management and wildfire mitigation plans.
(2)Decommissioning and removing risky electrical lines.
(3)Building self-generation supported microgrids throughout the state, including in rural and remote areas of the state.
(c)The commission shall approve the compensation structure if it meets the requirements of subdivision (b).
SEC. 6.Section 8386.8 is added to the Public Utilities Code, to read:8386.8.(a)Each electrical corporation shall triennially contract with an independent and reputable third party to audit all of the electrical corporations equipment and electrical lines and identify any equipment or electrical lines that have reached their end-of-life. The audit shall be completed in alignment with the wildfire mitigation plan cycle described in subdivision (b) of Section 8386.
(b)(1)An electrical corporation shall replace equipment and electrical lines identified by the independent third-party auditor pursuant to an audit described in subdivision (a) that are located in a high fire-threat district within five years of the audit.
(2)Equipment and electrical lines that are replaced pursuant to paragraph (1) shall be undergrounded. An electrical corporation shall not pass on the cost of undergrounding equipment pursuant to this paragraph to the ratepayers. Only the undergrounding costs that the commission finds to be just and reasonable may be recovered from ratepayers.
(3)If it is more cost effective, considering the need to minimize the risk of catastrophic wildfire as quickly as possible, and meets the overall electrical grid needs, an electrical corporation shall install microgrid technology, or other wildfire mitigation alternatives, including covered conductors that conform to state and industry safety standards for electrical equipment, instead of replacing equipment and electrical lines pursuant to paragraph (1). An electrical corporation shall not pass on the costs of wildfire mitigation pursuant to this paragraph to ratepayers. Only the installation costs that the commission finds to be just and reasonable may be recovered from ratepayers.
(c)(1)The commission shall assess a fine on an electrical corporation that fails to comply with this section, as follows:
(A)The commission shall assess a fine on an electrical corporation that fails to complete a triennial audit pursuant to subdivision (a) in an amount equal to 1 percent of the electrical corporations gross revenue for the preceding year. based on the severity of the violation. For each subsequent year that an electrical corporation fails to complete an annual audit the fine amount shall be increased to an amount equal to 3 percent of the electrical corporations gross revenue for the preceding year. based on the severity of the violation.
(B)The commission shall assess a fine on an electrical corporation that fails to replace equipment pursuant to subdivision (b). The fine shall be, at minimum, the estimated cost of the replacement plus 10 percent, as determined by the third-party auditor. be based on the severity of the violation.
(2)Fines collected pursuant to this subdivision shall be used to finance needed repairs. Any excess funds available after needed repairs may be transferred to a future maintenance and repair budget.
(d)For purposes of this section, the following definitions apply:
(1)End-of-life means the point when the equipment is no longer safe, reliable for use, or performing its intended function within established standards and specifications, and should be decommissioned or replaced.
(2)High fire-threat district has the same meaning as defined in Section 3280.
SEC. 7.Section 8388.6 is added to the Public Utilities Code, to read:8388.6.After an emergency or disaster in which an electrical corporations electrical infrastructure was destroyed, if the electrical corporation rebuilds the destroyed electrical infrastructure, it shall use the most cost-effective wildfire mitigation strategies that conform to state and industry safety standards for electrical equipment and that minimize the risk of catastrophic wildfire as quickly as possible, including consideration of undergrounding and covered conductor methods, to the extent applicable. The cost of undergrounding, installing covered conductors, or other more cost-effective wildfire mitigation strategies for electrical infrastructure pursuant to this section shall not be recovered from ratepayers. Only the costs incurred pursuant to this section that the commission finds to be just and reasonable may be recovered from ratepayers.
SEC. 8.Chapter 10 (commencing with Section 8450) is added to Division 4.1 of the Public Utilities Code, to read:10.Utility Service Disconnections8450.For purposes of this chapter, all of the following definitions apply:
(a)Electrical corporation has the same meaning as defined in Section 218.
(b)Gas corporation has the same meaning as defined in Section 222.
(c)Local publicly owned electric utility has the same meaning as defined in Section 224.3.
(d)Utility means an electrical corporation, local publicly owned electric utility, gas corporation, or local publicly owned gas utility.
8451.Each utility shall quarterly post all of the following information concerning termination of service due to nonpayment on their respective internet websites:
(a)The total number of customers terminated.
(b)The total number of customers reconnected.
(c)The total number of payment agreements.
(d)The total number of customers in arrears and the aggregated value of the arrears.
(e)The total number of payment plans in effect and the number of payment plans that have been broken.
SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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.
This act shall be known, and may be cited, as the Investor-Owned Utilities Accountability Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE), San Diego Gas and Electric Company (SDG&E), and SoCalGas, which have collectively exercised their monopoly over California ratepayers for over 100 years, have lost the trust of the people of California due to their crushingly high rates, exorbitant payouts to executives and shareholders, reckless endangerment of life and property, and excessive spending with the goal of generating profits rather than providing an essential service.
(b)Rates are higher in investor-owned utility (IOU) service territories across California than in not-for-profit utilities, including municipal utilities, rural electric cooperatives, and tribal utilities, which has resulted in working class and low-income people paying higher rates. On average, California IOU electricity rates are more than 50 percent higher than rates charged by publicly owned utilities. For IOU customers in California, rates have increased nearly 50 percent over the past three years.
(c)Under the current system, most distribution and transmission infrastructure is financed by IOUs and paid for by utility ratepayers. Ratepayers also pay for a rate of return for the IOUs for each project, which can average close to 10 percent. This guaranteed return on investment rate creates a significant and increasingly unsustainable burden on ratepayers as more unnecessary transmission lines are constructed. This can result in unnecessary rate hikes for consumers, as capital expenses can be overestimated and overspent to increase profits. As an example, in the 2023 General Rate Case, PG&E admitted that they overestimated the actual cost of infrastructure needed by $3 billion. Despite electricity demand remaining stable, executive compensation, infrastructure spending, and customer rates continue to increase. While utilities submit new rate increase proposals on a roughly three- to four-year cycle to the Public Utilities Commission, they can also submit annual increases and emergency supplements. The compounding effect and increased frequency of these rate increases, largely related to wildfire emergencies, have unfairly burdened California residents. Specifically, from January 2021 to October 2024, inclusive, PG&E residential rates increased by 56 percent, SCE rates increased by 48 percent, and SDG&E rates increased by 21 percent.
(d)These increasing rate hikes and record profits are a function of the IOUs being unwilling to adequately serve their ratepayers through affordable utility rates. One in five households served by the states largest IOUs are in utility debt. From August 2022 to August 2024, inclusive, PG&E, SCE, and SDG&E also compensated their shareholders with $7.62 billion in dividends. During that period, the estimated cost to prevent all residential shutoffs for nonpayment was seventy-seven one hundredths of 1 percent of that compensation to shareholders.
(e)The IOUs have caused some of Californias most destructive wildfires. PG&E is responsible for more than 30 wildfires since 2017 that have destroyed more than 23,000 homes and businesses and killed more than 100 people. These fires include the 2017 Tubbs Fire, the 2018 Camp Fire, the 2019 Kincade Fire, the 2020 Zogg Fire, and the 2021 Dixie Fire. SCE was found responsible for burning more than 385,000 acres, destroying thousands of structures, and causing five deaths in the 2017 Rye Fire, the 2017 Meyers Fire, the 2017 Liberty Fire, the 2017 Thomas Fire, and the 2018 Woolsey Fire. In 2007, SDG&E caused three fires, the Witch Fire, the Guejito Fire, and the Rice Fire, burning 207,000 acres, killing two people, destroying 1,141 homes. Assembly Bill 1054 (Chapter 79 of the Statutes of 2019) established a wildfire insurance fund of $21 billion, all passed onto ratepayer bills, directly and indirectly.
(f)Past and present experience demonstrates that the IOUs prioritize profits over the safety and well-being of the ratepayers and residents of California, and thus, to support public necessity and public purpose, must be replaced with a well-researched and structured successor entity that focuses on the needs of ratepayers, workers, fire survivors, and community members instead of shareholders.
(g)The State of California created the not-for-profit public benefit corporation, Golden State Energy, designated as a receiver for PG&Es assets, through passing Senate Bill 350 (Chapter 27 of the Statutes of 2020) for the purpose of owning, controlling, operating, or managing electrical and gas services for its ratepayers, for the benefit of all Californians if PG&E were to lose its business license in a six-step accountability process overseen by the Public Utilities Commission. At that time, PG&E was in bankruptcy due to an untenable amount of liabilities for wildfires caused by its equipment. Senate Bill 350 created a successor in name only and was never in a position to receive PG&E assets. This bill builds on Senate Bill 350 by authorizing an in-depth unbiased study by a neutral third party to assess the practical, financial, legal, regulatory, labor, and technical aspects of a smooth and just transition away from the IOU model to one that prioritizes the needs of the people and ecology of the State of California.
SEC. 3.Chapter 3.5 (commencing with Section 25250) is added to Division 15 of the Public Resources Code, to read:3.5.Investor-Owned Utility Transition Feasibility Study25250.For purposes of this chapter, the following definitions apply:
(a)Clean energy investments, incentives, and ownership refers to the levels of private investment or public incentives in energy resources eligible under the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code), and the entities that provided the investment or incentives and own the resources.
(b)Critical minerals means those minerals specified by the United States Geological Survey as essential to the economic or national security of the United States, have a supply chain that is vulnerable to disruption, and serve an essential function in the manufacturing of a product, the absence of which would have significant consequences for the economic or national security of the United States. Critical minerals do not include fuel minerals, water, ice, or snow, or common varieties of sand, gravel, stone, pumice, cinders, or clay.
(c)Disadvantaged communities advisory group means the disadvantaged communities advisory group established pursuant to subdivision (g) of Section 400 of the Public Utilities Code.
(d)Disadvantaged community means a community identified pursuant to Section 39711 of the Health and Safety Code.
(e)Distributed energy resources means distributed renewable generation resources, energy efficiency, energy storage, electric vehicles, and demand response technologies.
(f)Endangered species means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease.
(g)Energy burden means the expense of energy expenditures relative to overall household income.
(h)Energy justice means the goal of achieving equity in both the social and economic participation in the energy systems, while also remediating social, economic, and health burdens on those historically harmed by the energy system, including disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(i)Equity, just, and justice mean the goal of creating systems, organizations, and societies that are fair and just, recognizing where disadvantages and barriers exist, and allocating resources and support to ensure equal access and opportunity for all populations.
(j)Investor-owned utilities or IOUs means all of the following:
(1)Pacific Gas and Electric Company, PG&E Corporation, any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of electrical or gas service within Pacific Gas and Electric Companys service territory, and any successor to any of the foregoing.
(2)Southern California Edison, SCE, any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of electrical or gas service within Southern California Edisons service territory, and any successor to any of the foregoing.
(3)Southern California Gas, a subsidiary of Sempra, SoCal Gas, and any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of gas service within Southern California Gas service territory, and any successor to any of the foregoing.
(4)San Diego Gas and Electric, a subsidiary of Sempra, SDG&E, and any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of electrical or gas service within San Diego Gas and Electrics service territory, and any successor to any of the foregoing.
(k)Just transition means a framework for a fair shift to an economy that is ecologically sustainable, equitable, and just for all its members.
(l)Low-income means at or below 80 percent of the state median income.
(m)Microgrid means an interconnected system of loads and energy resources, including, but not limited to, distributed energy resources, energy storage, demand response tools, or other management, forecasting, and analytical tools, appropriately sized to meet customer needs, within a clearly defined electrical boundary that can act as a single, controllable entity, and can connect to, disconnect from, or run in parallel with larger portions of the electrical grid, or can be managed and isolated to withstand larger disturbances and maintain electrical supply to connected critical infrastructure.
(n)Study team means one or more qualified organizations, public institutions, or consulting firms that is awarded the request for proposal to develop the study pursuant to Section 25251.
(o)Successor entity means a public entity, public benefit corporation, or mutual benefit corporation.
25251.(a)The commission, on or before March 31, 2026, based on the scoring evaluation developed and conducted by the Disadvantaged Communities Advisory Group, and in coordination with the public advisor and the Public Utilities Commission, shall issue a request for proposals for a team to develop a study to do all both of the following:
(1)Consistent with Section 25254, conduct a historical energy justice assessment of the IOUs operations and impacts on California residents, wildlife, and ecologies, with a focus on disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(2)Consistent with Section 25255, complete a comparative analysis of the benefits and challenges of transitioning the IOUs to a successor entity in order to identify a recommended model, assess the feasibility of transitioning the IOUs to a successor entity, and identify priority just design features for the successor entity, with the goal of serving the public interest and necessity of the people and ecologies of California.
(3)Consistent with Section 25257, if the study, as approved by the commission, finds that it is in the best long-term interests of the people and ecologies of California to transition away from the investor-owned utility model, create a justice-centered implementation plan for managing the transition, including all appropriate mechanisms and any statutory changes that may be required.(b)The request for proposals shall seek applications that contain one or more organizations, public universities, or consultants with a demonstrated commitment to working with disadvantaged communities, and include partnership with the Disadvantaged Communities Advisory Group, and one or more community-based organizations that have supported the formation of Golden State Energy. Group.
(c)Organization qualifications shall include all of the following:
(1)An eligible organization or consultant shall not have received more than one-half their income in the last three years from or for investor-owned utilities. An organization or consultant that has more than 10 percent of their work from any investor-owned utilities in California shall be required to set up appropriate safeguards to prevent conflicts of interest in the study analysis. An eligible institution, department, or principle principal investigator within a university shall not have received more than 10 percent of their funding in the past five years from investor owned utilities.
(2)An eligible organization or consultant team shall demonstrate:
(A)Through references from at least three jurisdictions, experience Experience in policy, finance, grid design, and structural redesign work performed for jurisdictions with a population size of at least 1,000,000 people or a geographic area of 500 square miles.
(B)Through case studies of prior work, demonstrated ability to fairly engage and integrate multiple stakeholder perspectives involved in or impacted by renewable energy generation, distribution, or transmission systems.
(C)A clear record of research that indicates knowledge of, and engagement with, multiple utility ownership models, including both municipal and investor owned utilities.
(D)A clear record of research that demonstrates an understanding of the energy justice and distributional impacts of current energy systems and protocols across the utility system.
(d)On or before June 30, 2026, the commission, based on scoring developed and conducted by the Disadvantaged Communities Advisory Group, and with supporting resources and recommendations from the Public Utilities Commission, shall select the team with the highest score that meets the qualifications outlined in subdivision (c) and demonstrates their ability to meet study objectives outlined in subdivision (a) and Sections 25254, 25255, and 25257 25254 and 25255 as the study team.
(e)The commission shall hold a public proceeding and submit a report of the study teams findings and recommendations, including any statutory changes that may be required, to the Legislature, in compliance with Section 9795 of the Government Code, no later than 24 months after selecting the study team for the feasibility portion of the study, and no later than 36 months after selecting the study team for the implementation plan portion of the study. team.
25252.(a)The commission shall require the study team to select and convene an advisory council, with recommendations from the Disadvantaged Communities Advisory Group, by December 31, 2026, to participate in the study of the vision for a new energy system as outlined in Section 25255. The advisory council shall review and provide recommendations on the initial scope of the study and implementation plan and on all preliminary and final drafts. Comments and recommendations from the advisory council that are not incorporated by the study team shall be included as an addendum to the study.
(b)(1)The advisory council shall be drawn from diverse backgrounds to represent interests of disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes throughout the IOUs service territories and represent geographically diverse areas of California and consist of at least 13 members who collectively represent the following lived experiences and subject matter expertise:
(A)Tribal utilities.
(B)Community choice aggregation.
(C)Low-income residential ratepayer advocacy.
(D)Equitable rate design and utility cost allocation.
(E)Environmental justice, energy justice, or utility justice issues.
(F)Racial and economic justice.
(G)Survivors of IOU-caused wildfires.
(H)Disability rights.
(I)Federally recognized California Indian tribes.
(J)Nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(K)Labor unions representing utility workers.
(L)Inclusive workforce development.
(M)Deep knowledge of distributed energy resources and grid architecture.
(2)Members of the advisory council shall not be current or previous employees, or current contractors, of an electrical corporation, as defined in Section 218 of the Public Utilities Code.
(c)Members of the advisory council shall be entitled to per diem compensation and reimbursement of expenses for meetings, upon appropriation by the Legislature.
25253.(a)For purposes of carrying out this chapter, the study team may do all of the following:
(1)Consult with any stakeholders as needed or appropriate.
(2)Request the production of books, records, correspondence, figures, charts, memoranda, papers, and documents, and other relevant materials of any nature from the commission, the Public Utilities Commission, and the IOUs.
(b)For purposes of carrying out this chapter, the study team shall do all of the following:
(1)Collaborate with the advisory council and the commission, through the Public Advocates Office, Office of the Public Advisor, Energy Equity, and Tribal Affairs, to host a minimum of four public hearings in geographically diverse regions of the IOUs service territories and during a variety of times to accommodate different work schedules.
(2)In its specific findings, clarify all assumptions for findings and include citations to the original data or source for those assumptions.
(c)A member of the study team may, if authorized by the prime consultant, take any action that the overall consultant team is authorized to take pursuant to this section.
(d)On behalf of the commission, the study team may acquire directly from the head of a state agency available information that they consider useful in fulfilling their deliverables. All state agencies shall cooperate with the commission on behalf of the study team with respect to such information and shall furnish all information requested by the study team to the extent permitted by law. The study team shall keep confidential any information received from a state agency that is confidential or exempt from the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) or subject to a nondisclosure agreement.
(e)As consultants to the commission, the study team shall have the administrative, technical, and legal assistance of the Department of Justice, the commission, the Public Utilities Commission, and the State Air Resources Board.
(f)The study team may procure supplies and services by contract in accordance with applicable laws and rules.
(g)The study team may enter into subcontracts for purposes of conducting research or surveys, preparing reports, and performing other activities necessary for the fulfillment of their research deliverables with state departments, agencies, and other instrumentalities of the state, federal departments, agencies, and other federal instrumentalities, and private entities. Subcontractors shall also meet the qualifications outlined in paragraph (1) of subdivision (c) of Section 25251.
(h)For purposes of carrying out this chapter, the commission, through the Public Advocates Office, may do all of the following in service of completion of deliverables for the contract:
(1)Hold hearings and sit and act at any time and location in California.
(2)Consult with any issueholders as deemed necessary to achieve the objectives of this chapter.
(3)Request the attendance and testimony of witnesses.
(4)Seek an order from a superior court compelling testimony or compliance with a subpoena, including from the IOUs executive leadership.
25254.The historical energy justice assessment component of the study described in Section 25251 shall assess the IOUs historical and ongoing operations and impacts on California residents, wildlife, and ecologies, with a focus on impacts to disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission, broken down by ZIP Code, income, race, age, and other relevant demographics. The assessment shall include, but is not limited to, all of the following:
(a)An assessment and quantification of the distribution of health harms and reduced lifespans resulting from wildfires, polluting energy generation facilities, and infrastructure.
(b)An assessment and quantification of the economic distribution of clean energy investments, incentives, and ownership.
(c)An assessment of the impacts of rate increases and the extent and distribution of energy burdens based on historical rates.
(d)An assessment of the distribution and quantity of utility disconnections, including disconnections due to lack of payment and public safety power shutoffs.
(e)An assessment of the emotional, economic, ecological, and safety-related impacts from disasters caused by the IOUs, including, but not limited to, wildfires, pipeline explosions, power shutoffs, deenergization events, and the potential health impacts and lifespan reductions from those impacts.
(f)An assessment of the pollution and other ecological impacts from energy generating infrastructure and the potential health impacts and lifespan reductions from those impacts.
(g)An assessment of the extent and distribution of delayed or lack of provision of electricity and gas service and hookups.
(h)An assessment of the liability incurred by, and during, the IOUs ownership, including specifying the portion of risks and liabilities likely to be transferred to a successor entity.
(i)A quantification of the IOUs current tax obligations to the state.
(j)An assessment of lands taken or received that were previously owned and stewarded by federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(k)An assessment of the IOUs historical and ongoing impacts on California wildlife, endangered species, and ecologies.
(l)An assessment and audit of the IOUs capital expenditures and operating expenses to identify the cost-effectiveness of infrastructure investments.
25255.(a)The comparative analysis of the benefits and challenges component of transitioning the IOUs to a recommended successor entity portion of the study described in paragraph (2) of subdivision (a) of Section 25251 shall provide a comparative assessment of transitioning the IOUs to either a public entity, nonprofit public benefit corporation, or mutual benefit corporation, assess the overall feasibility of transitioning the IOUs to a successor entity, and identify priority energy just design features for a successor entity.
(b)The comparative analysis shall comprise all of the following:
(1)An assessment of all legal, economic, financial, governance, and other relevant aspects of the ownership types required to successfully transition the assets and operations of the IOUs to a nonprofit public benefit corporation, such as Golden State Energy, a mutual benefit corporation, or a publicly owned electric utility, which may be in existence or yet to be formed.
(2)An assessment of whether there are any structural limitations or advantages of each ownership type relative to the successor entitys ability to serve the people of California and to achieving the following policy objectives:
(A)A demonstrable reduction in electricity costs for customers over a 30-year period, with a focus on increasing energy bill affordability for low-income communities, disadvantaged communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes, ensuring electricity costs are less than 3 percent of household income.
(B)Increased opportunity for labor benefits through maintaining pensions and increasing benefits for workers, increasing good union jobs and inclusive workforce development in the region.
(C)Increased public accountability, trust, and transparency in governing structures, financial spending, maintenance, and infrastructure decisions.
(c)The feasibility assessment shall include all of the following:
(1)Identification of legal and regulatory issues, and recommendations for addressing these issues, that might arise from transitioning the assets and operations of the IOUs and their respective operations as described in this chapter, and post-transition, in order to do all of the following:
(A)Maintain the authority for the establishment of municipal utility districts, rural electric cooperatives, and tribal utilities, and ensure the successor entity cooperates with other public entities.
(B)Safeguard or strengthen the worker and labor benefits, including union protections, during and after the transition period, and provide for workers rights and a just transition for workers impacted by the decommissioning of unsafe, polluting infrastructure.
(C)By no later than 2032, safely Safely decommission generation, transmission, and piping infrastructure transferred to the successor entity that is unsafe and polluting, prioritizing infrastructure that is causing disproportionate harms in disadvantaged communities, low-income communities, federally recognized California Indian tribes, or nonfederally recognized California Native American tribes. tribes, and evaluate the feasibility based on two target dates, 2032 and 2045.
(D)Manage future wildfire liability.
(E)Equitably decommission gas infrastructure and transition towards electrification, prioritizing the decommissioning of gas powerplants in disadvantaged communities and replacement with community-owned distributed energy resources without unduly burdening ratepayers, especially low-income or disadvantaged ratepayers, with associated costs.
(2)A preliminary evaluation of the long-term costs and benefits over at least a 30-year horizon of a transfer in ownership to a successor entity, including an assumption for clean energy, electrification, and grid investments at a pace in accordance with state climate goals. This evaluation shall incorporate all of the following:
(A)The potential for securitization of debt, including consideration of tax-exempt bonding for municipal utilities.
(B)Consideration of the portion of utility capital expenses paid for by ratepayer contributions.
(C)Application of all legally claimed depreciation of assets by the IOUs.
(D)Equitable finance and revenue sources that may be available to the successor entity for its operational needs, including for purchase, maintenance, and upgrades, with information regarding all of the following:
(i)Mechanisms to support the creditworthiness of the successor entity during the early years of operation.
(ii)Access to bonds.
(iii)Long-term opportunities for public financing.
(iv)Ability to leverage federal funding in the form of elective pay, as outlined in the Inflation Reduction Act of 2022 (Public Law 117-169).
(v)Options for revenue collected from rates and other financial resources.
(3)A thorough consideration of which IOU assets should be prioritized for transfer and a timeline for those transfers, including all of the following:
(A)The merits or risks of splitting ownership of the IOUs distribution infrastructure, transmission infrastructure, program administration, generation, and retail energy services.
(B)The merits or risks of splitting ownership of the IOUs electrical and gas infrastructure.
(C)The merits or risks of splitting ownership by geographic territory.
(D)A full consideration of which assets to prioritize for transfer and a timeline for those transfers, including consideration of grid architectures that maximize distributed energy resources and future needs for distribution system operator infrastructure.
(E)An evaluation of potential benefits, if any, that may be realized by separating the ownership and operation of the electrical distribution system for future distribution system operator models.
(d)The identification of just design features for a successor entity and the mechanisms to realize them shall include, but not be limited to, all of the following:
(1)The acknowledgment, rectification, and repair of prior harms, as found in the historical energy justice assessment pursuant to Section 25254.
(2)Increasing social equity, electrical system reliability and performance, ecological sustainability, and climate resilience, including the ability to adapt to adverse climate-related weather disasters and other economic, social, and infrastructural crises.
(3)Minimizing environmental health harms in the region and in homes.
(4)Enhancing stewardship of finite resources and fragile ecologies through reducing the need for future large scale buildout, land clearing, or installation of ecologically disruptive energy generation, transmission, and distribution assets, and minimizing extraction of critical minerals.
(5)Focusing on disadvantaged communities, low-income communities, federally recognized California Indian tribes, and nonfederally recognized California Native American tribes in decisionmaking processes.
(6)Creating innovative participatory governance and accountability structures that enable community members, including low-income members and users with disabilities, to meaningfully impact the priorities of the successor entity.
(7)Adopting mechanisms for sustained public engagement and transparency that holds the successor entity accountable to its mission to serve the communitys well-being.
(8)Creating alternative mechanisms to utility disconnections to cover nonpayment by customers.
(9)Including nonenergy impacts, social costs and benefits, health impacts, and more equitable climate outcomes in evaluating cost-effectiveness and decisionmaking.
(10)Creating governance of the successor entity in a manner that maximizes public participation and energy democracy, including all of the following:
(A)Whether members of the board of directors of the successor entity should be appointed pursuant to Part 2 (commencing with Section 3420) of Division 1.7 of the Public Utilities Code, elected by the customers of the successor entity, or a combination of appointees and elected members, and what type of expertise or experience should be represented.
(B)Term limits for members of the board of directors.
(C)Size and representation of the board of directors.
(D)Involvement of, and robust funding of, technical assistance mechanisms to support community-based organizations in contributing to the decisions of the board of directors.
(E)Adequate full-time staffing needs for the board of directors.
(11)Requirements on the operations of the successor entity, including on all of the following:
(A)Data collection by the successor entity and the public availability of collected data.
(B)Public engagement and transparency, including all of the following:
(i)Public engagement timelines and processes for rate cases, budget planning, and other policy and program approvals.
(ii)Public meetings, notices, and comment periods.
(iii)Relationships with local government, including reporting and communication requirements on projects undertaken by the successor entity with defined local economic benefits.
25256.(a)Upon completion of the study components described in Sections 25254 and 25255, the study team, in consultation with the advisory council, consistent with Section 25252, shall recommend a particular successor entity ownership type to the commission for further feasibility review and implementation considerations.
(b)On or before September 30, 2028, the commission, through a public process, shall vote to approve the study and recommended a particular successor entity ownership type based on a rubric comparing each of the successor entity ownership types to the incumbent IOU model using the following criteria: present the study at a publicly noticed business meeting.
(1)Long-term affordability for the state and for ratepayers.(2)Safety.(3)Reliability.(4)Climate resilience.(5)Local economic benefits.(6)Health impacts.(7)Energy justice. 25257.(a)If the study, as approved by the commission, finds that it is in the best long-term interests of the people and ecologies of California to transition away from the investor-owned utility model, the study team shall begin work to create a justice-centered implementation plan, as described in paragraph (3) of subdivision (a) of Section 25251, to outline a timeline and transition process to the successor entity, including recommendations for which branches of government or agencies should be responsible and coordinate with which portions of the public to ensure the transition fairly minimizes burdens and unintended consequences and fairly maximizes benefits in service of the public interest and necessity.(b)The implementation plan shall identify all appropriate implementation mechanisms, including statutory changes that may be required, recommendations for specific bylaws, operating procedures, governance structures, or otherwise to ensure the successor entity is structured, operationalized, and has the proper authority and mandate to ensure more just outcomes, based in part on findings pursuant to Sections 25254 and 25255.(c)The implementation plan shall additionally do all of the following:(1)Recommend mechanisms to fairly set the acquisition cost and valuation in as legally defensible and timely manner as possible, with the goal of avoiding lengthy periods of litigation over the acquisition cost.(2)Recommend an appropriate regulatory structure to clearly delineate the relationship between the Public Utilities Commission and the successor entity, including consideration of an independent oversight body for the successor entity.(3)Provide for community benefit agreements and other local economic benefit and cost savings to the maximum extent possible for new infrastructure investments and maintenance, prioritizing clean distributed energy resources.(d)The commission, through a public process, shall vote to approve the implementation plan on or before October 31, 2029.SEC. 4.Article 4.5 (commencing with Section 570) is added to Chapter 3 of Part 1 of Division 1 of the Public Utilities Code, to read:4.5.Infrastructure Project Procurement570.For purposes of this article, all of the following definitions apply:
(a)Best value means a procurement process whereby the selected bidder is selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.
(b)Best value contract means a competitively bid contract entered into pursuant to this article.
(c)Best value contractor means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract.
(d)Demonstrated management competency means the experience, competency, capability, and capacity of the proposed management staff to complete projects of similar size, scope, or complexity.
(e)Financial condition means the financial resources needed to perform the contract. The criteria used to evaluate a bidders financial condition shall include, at a minimum, capacity to obtain all required payment bonds, performance bonds, and liability insurance.
(f)Labor compliance means the ability to comply with, and past performance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. The criteria used to evaluate a bidders labor compliance shall include, at a minimum, the bidders ability to comply with the apprenticeship requirements of the California Apprenticeship Council and the Department of Industrial Relations, its past conformance with those requirements, and its past conformance with requirements to pay prevailing wages on public works projects.
(g)Qualifications means the financial condition, relevant experience, demonstrated management competency, labor compliance, and safety record of the bidder, and, if required by the bidding documents, some or all of the preceding qualifications as they pertain to subcontractors proposed to be used by the bidder for designated portions of the work. The commission shall evaluate financial condition, relevant experience, demonstrated management competency, labor compliance, and safety record, using, to the maximum extent possible, quantifiable measurements.
(h)Relevant experience means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity.
(i)Safety record means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidders safety record shall include, at a minimum, its experience modification rate for the most recent three-year period and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period.
571.(a)The Office of Energy Infrastructure Safety commission shall develop a best value procurement model for consideration in the procurement of all electrical corporation infrastructure projects. The best value procurement model shall consider all of the following:
(1)(a)Demonstrated management competency.
(2)(b)Financial condition.
(3)(c)Labor compliance. compliance, consistent with existing labor contracts.
(4)(d)Relevant experience.
(5)(e)Safety records.
(b)For all infrastructure projects, each electrical corporation shall demonstrate to the commission that the selected contractor is the best value contractor and shall include all bids received in its submission to the commission.SEC. 5.Section 706.5 is added to the Public Utilities Code, to read:706.5.(a)On or before April 1, 2026, each electrical corporation shall submit a proposed executive compensation structure to the commission that is structured to promote safety as a priority and to ensure public safety through performance metrics.
(b)The performance metrics shall include, but not be limited to, all of the following:
(1)Successful completion of vegetation management and wildfire mitigation plans.
(2)Decommissioning and removing risky electrical lines.
(3)Building self-generation supported microgrids throughout the state, including in rural and remote areas of the state.
(c)The commission shall approve the compensation structure if it meets the requirements of subdivision (b).
SEC. 6.Section 748.7 is added to the Public Utilities Code, to read:748.7.(a)For a proposed rate increase subject to commission approval and a finding that the new rate is just and reasonable, an electrical corporation shall not propose a compounded annual rate increase on residential customers above the increase in the Consumer Price Index.(b)For proposed rate increases not subject to commission approval and a finding that the new rate is just and reasonable, an electrical corporation shall not propose more than one rate increase per year, and the rate increase shall not apply to California Alternate Rates for Energy program or Family Electric Rate Assistance program customers.(c)For purposes of this section, Consumer Price Index means the greater of the Consumer Price Index for the West Region, the Consumer Price Index for major cities, or the United States Consumer Price Index.SEC. 7.Section 3289 of the Public Utilities Code is amended to read:3289.(a)(1)No later than July 26, 2019, the commission shall initiate a rulemaking proceeding to consider using its authority pursuant to Section 701 to require each electrical corporation, except a regional electrical corporation that chooses not to participate in any fund pursuant to Chapter 3 (commencing with Section 3291), to collect a nonbypassable charge from ratepayers of the electrical corporation to support the fund, including the payment of any bonds issued pursuant to Division 28 (commencing with Section 80500) of the Water Code, as follows:(A)For a large electrical corporation, a charge in an amount sufficient to fund the revenue requirement, as established pursuant to Section 80524 of the Water Code.(B)For a regional electrical corporation, the amount equal to one-half cent per kilowatt-hour ($0.005/kWh).(2)If the commission determines that the imposition of the charge described in paragraph (1) is just and reasonable, and that it is appropriate to exercise its authority pursuant to Section 701 to do so, the commission shall direct each electrical corporation to impose and collect that charge commencing in the month immediately following the month in which the final imposition of the revenue requirement with respect to bonds previously issued pursuant to Division 27 (commencing with Section 80000) of the Water Code is made. The charge shall be collected in the same manner as that for the payments made to reimburse the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code.(b)Notwithstanding any other law, no later than 90 days after the initiation of the rulemaking proceeding, the commission shall adopt a decision regarding the imposition of the charge.(c)(1)Notwithstanding Section 455.5 or 1708, or any other law, the commission shall not revise, amend, or otherwise modify a decision to impose a charge made pursuant to this section at any time before January 1, 2036.(2)Notwithstanding paragraph (1), the commission shall revise the decision adopted pursuant to subdivision (b) to reduce the charge imposed on ratepayers pursuant to subdivision (a) to an amount equal to 5 percent of the costs to support the fund, and require each electrical corporation to contribute the remaining 95 percent of the costs to support the fund.(d)If the administrator authorizes Golden State Energy to participate in the fund pursuant to subdivision (d) of Section 3292, Golden State Energys ratepayers shall be subject to the nonbypassable charge previously imposed by the commission pursuant to this section.SEC. 8.Section 3292 of the Public Utilities Code is amended to read:3292.(a)If, no later than July 27, 2019, each large electrical corporation not subject to an insolvency proceeding on July 12, 2019, notifies the commission of its commitment to provide the initial contribution and the annual contributions, and subsequently provides its initial contribution as set forth in paragraph (3) of subdivision (b), the fund shall be established to pay eligible claims as set forth in subdivision (f) and obtain reimbursement from electrical corporations as set forth in subdivision (h).(b)Except as provided in subdivision (d), to participate in the fund established pursuant to subdivision (a), an electrical corporation shall satisfy the following conditions by no later than June 30, 2020:(1)The electrical corporation is not, and has not been since July 12, 2019, the subject of an insolvency proceeding or on criminal probation unless the electrical corporation meets the following conditions:(A)The electrical corporations insolvency proceeding has been resolved pursuant to a plan or similar document not subject to a stay.(B)The bankruptcy court or a court of competent jurisdiction, in the insolvency proceeding, has determined that the resolution of the insolvency proceeding provides funding or establishes reserves for, provides for assumption of, or otherwise provides for satisfying any prepetition wildfire claims asserted against the electrical corporation in the insolvency proceeding in the amounts agreed upon in any pre-insolvency proceeding settlement agreements or any post-insolvency settlement agreements, authorized by the court through an estimation process or otherwise allowed by the court.(C)The commission has approved the reorganization plan and other documents resolving the insolvency proceeding, including the electrical corporations resulting governance structure as being acceptable in light of the electrical corporations safety history, criminal probation, recent financial condition, and other factors deemed relevant by the commission.(D)The commission has determined that the reorganization plan and other documents resolving the insolvency proceeding are (i) consistent with the states climate goals as required pursuant to the California Renewables Portfolio Standard Program and related procurement requirements of the state and (ii) neutral, on average, to the ratepayers of the electrical corporation.(E)The commission has determined that the reorganization plan and other documents resolving the insolvency proceeding recognize the contributions of ratepayers, if any, and compensate them accordingly through mechanisms approved by the commission, which may include sharing of value appreciation.(2)For a regional electrical corporation, it has voluntarily established a charge required by the commission pursuant to Section 3289. This charge shall be included on monthly bills for customers. Collections on that charge shall be remitted, on a monthly basis, to the administrator for deposit into the fund.(3)Except as provided in subdivision (e), the electrical corporation has provided its initial contribution to the fund no later than September 10, 2019. Initial contributions shall not be recovered from the ratepayers of an electrical corporation, except Golden State Energy.(c)Each participating electrical corporation shall make its annual contribution by January 1 of each calendar year, including, without limitation, any annual contributions for calendar years in which the electrical corporation, or another electrical corporation to which the electrical corporation is the successor, was not a participating electrical corporation. Annual contributions shall not be recovered from the ratepayers of an electrical corporation, except Golden State Energy.(d)(1)The administrator may, and in the case of Golden State Energy shall, authorize an electrical corporation that is formed after July 12, 2019, to participate in the fund if the administrator determines that the electrical corporation meets the requirements of this section. Authorization of an electrical corporation that is formed after July 12, 2019, shall be effective as of a date determined by the administrator and shall apply to covered wildfires after the date of authorization.(2)If Golden State Energy is the successor to Pacific Gas and Electric Company and Pacific Gas and Electric Company made its initial contribution and, if applicable, annual contributions to the fund, the administrator shall not require Golden State Energy to commit to making, or make, its own initial contribution, or annual contributions for a period for which Pacific Gas and Electric Company already made its annual contributions, in order to participate in the fund and the administrator shall authorize Golden State Energy to participate in the fund if Golden State Energy, within 15 days of closing of the acquisition of Pacific Gas and Electric Company, notifies the commission of its commitment to make annual contributions to the fund.(e)An electrical corporation that is the subject of an insolvency proceeding on July 12, 2019, that wishes to participate in the fund shall (1) no later than July 27, 2019, provide written notification to the commission of its election to participate in the fund, and (2) no later than September 10, 2019, obtain approval from the bankruptcy court or a court of competent jurisdiction of its determination to pay, and approval of its payment of, the initial contribution and, as they become due, annual contributions to the fund, provided that the contributions shall not be due to the fund until the date the electrical corporation exits the insolvency proceeding. The electrical corporation shall not be entitled to seek payments from the fund pursuant to subdivision (f) until it has funded its initial contribution and has met the other conditions provided in subdivision (b). Participation of an electrical corporation that is the subject of an insolvency proceeding that satisfies the requirements of this subdivision shall be effective as of July 12, 2019, and shall apply to covered wildfires, provided that the fund shall not pay more than 40 percent of the allowed amount of a claim arising between July 12, 2019, and the date the electrical corporation exits bankruptcy, with the balance of those claims being addressed through the insolvency proceeding.(f)(1)An electrical corporation meeting the applicable requirements of subdivision (b) may seek payment from the fund to satisfy settled or finally adjudicated eligible claims. Only eligible claims shall be made against or paid by the fund. In accordance with the procedures established by the administrator, the administrator shall review and approve any settlement of an eligible claim as being in the reasonable business judgment of the electrical corporation before releasing funds to the electrical corporation for payment. Settlements of subrogation claims that are less than or equal to 40 percent of total asserted claim value as determined by the administrator shall be paid unless the administrator finds that the exceptional facts and circumstances surrounding the underlying claim do not justify the electrical corporations exercise of such business judgment. To the extent approved by the administrator, a settlement shall not be subject to further review by the commission.(2)The administrator shall approve a settlement of an eligible claim that is a subrogation claim if the settlement exceeds 40 percent of the total asserted claim value, as determined by the administrator, and includes a full release of the balance of the asserted claim so long as the administrator finds that the electrical corporation exercised its reasonable business judgment in determining to settle for a higher percentage or on different terms based on a determination that the specific facts and circumstances surrounding the underlying claim justify a higher settlement percentage or different terms. A subrogation claim that is finally adjudicated shall be paid in the full judgment amount.(g)Except for Golden State Energy, all initial and annual contributions shall be excluded from the measurement of the authorized capital structure.(h)(1)Except as provided in paragraph (2), within six months after the commission adopts a decision in an application filed pursuant to Section 1701.8, the electrical corporation shall reimburse the fund for the full amount of costs and expenses the commission determined were disallowed pursuant to Section 1701.8.(2)(A)The obligation of an electrical corporation to reimburse the fund shall be the lesser amount of subparagraph (B) or (C).(B)The costs and expenses determined not to be just and reasonable pursuant to Section 1701.8.(C)The amount determined pursuant to clause (i) minus the amount determined pursuant to clause (ii).(i)(I)Except as specified in subclause (II), for each electrical corporation, 20 percent of the electrical corporations total transmission and distribution equity rate base, including, but not limited to, its Federal Energy Regulatory Commission (FERC) assets, as determined by the administrator for the calendar year in which the disallowance occurred.(II)For Golden State Energys first twelve months of participation in the fund, an amount equal to 20 percent of Pacific Gas and Electric Companys total transmission and distribution equity rate base, including, but not limited to, its Federal Energy Regulatory Commission assets, at the time of the closing of the acquisition of Pacific Gas and Electric Company, as determined by the commission. For Golden State Energys subsequent years of participation in the fund, an amount determined by the commission that is equivalent to the amount specified in subclause (I) for electrical corporations with an equity rate base.(ii)The sum of (I) the amounts actually reimbursed to the fund for costs and expenses that were determined not to be just and reasonable pursuant to Section 1701.8 during the measurement period, added to (II) the amount of any reimbursements to the fund owed by the electrical corporation for costs and expenses disallowed during the measurement period that have not yet been paid.(iii)For purposes of this subparagraph, measurement period means the period of three consecutive calendar years ending on December 31 of the year in which the calculation is being performed.(D)The administrator shall publish calculations of the amounts determined pursuant to subparagraphs (B) and (C) on or before January 1 of each calendar year for each electrical corporation.(E)Except as provided in paragraph (3), the electrical corporation shall not be required to reimburse the fund for any additional amounts in any three-calendar-year period.(F)The limitation set forth in this section shall apply only so long as the fund has not been terminated pursuant to subdivision (i).(3)Paragraph (2) does not apply under either of the following circumstances:(A)If the administrator determines that the electrical corporations actions or inactions that resulted in the covered wildfire constituted conscious or willful disregard of the rights and safety of others. For purposes of this subparagraph, evidence that the electrical corporations actions were prudent shall include common sense best practices such as conducting annual audits and replacing equipment that has outlived its usable life pursuant to Section 8386.8, and deenergizing the electrical grid under threatening conditions.(B)If the electrical corporation failed to maintain a valid safety certification on the date of the ignition.(i)(1)The administrator shall, to the extent practicable, manage the fund to prioritize the use of electrical corporation contributions before the use of ratepayer contributions.(2)The fund shall terminate when the administrator determines that the fund resources are exhausted, taking into account the amount of any unpaid liabilities including necessary reserves, any remaining unpaid annual contributions from participating electrical corporations, and the charges authorized pursuant to Section 3289. Upon the determination of the administrator that the fund shall be terminated, the administrator shall pay all remaining eligible claims and fund expenses, and liquidate any remaining assets. The remaining funds shall be transferred to the General Fund. It is the intent of the Legislature that any funds transferred to the General Fund pursuant to this paragraph shall be appropriated to support wildfire mitigation.(j)Notwithstanding subdivision (f), a regional electrical corporations access to the fund to pay eligible claims shall be limited to three times the sum of the regional electrical corporations initial contribution and any funded annual contributions per covered wildfire.SEC. 9.SEC. 6.Section 8386.8 is added to the Public Utilities Code, to read:8386.8.(a)Each electrical corporation shall triennially contract with an independent and reputable third party to audit all of the electrical corporations equipment and electrical lines and identify any equipment or electrical lines that have reached their end-of-life. The audit shall be completed in alignment with the wildfire mitigation plan cycle described in subdivision (b) of Section 8386.
(b)(1)An electrical corporation shall replace equipment and electrical lines identified by the independent third-party auditor pursuant to an audit described in subdivision (a) that are located in a high fire-threat district within five years of the audit.
(2)Equipment and electrical lines that are replaced pursuant to paragraph (1) shall be undergrounded. An electrical corporation shall not pass on the cost of undergrounding equipment pursuant to this paragraph to the ratepayers.
(3)If it is more cost effective, considering the need to minimize the risk of catastrophic wildfire as quickly as possible, and meets the overall electrical grid needs, an electrical corporation shall install microgrid technology, or other wildfire mitigation alternatives, including covered conductors that conform to state and industry safety standards for electrical equipment, instead of replacing equipment and electrical lines pursuant to paragraph (1). An electrical corporation shall not pass on the costs of wildfire mitigation pursuant to this paragraph to ratepayers.
(c)(1)The commission shall assess a fine on an electrical corporation that fails to comply with this section, as follows:
(A)The commission shall assess a fine on an electrical corporation that fails to complete an annual a triennial audit pursuant to subdivision (a) in an amount equal to 1 percent of the electrical corporations gross revenue for the preceding year. For each subsequent year that an electrical corporation fails to complete an annual audit the fine amount shall be increased to an amount equal to 3 percent of the electrical corporations gross revenue for the preceding year.
(B)The commission shall assess a fine on an electrical corporation that fails to replace equipment pursuant to subdivision (b). The fine shall be, at minimum, the estimated cost of the replacement plus 10 percent, as determined by the third-party auditor.
(2)Fines collected pursuant to this subdivision shall be used to finance needed repairs. Any excess funds available after needed repairs may be transferred to a future maintenance and repair budget.
(d)For purposes of this section, the following definitions apply:
(1)End-of-life means the point when the equipment is no longer safe, reliable for use, or performing its intended function within established standards and specifications, and should be decommissioned or replaced.
(2)High fire-threat district has the same meaning as defined in Section 3280.
SEC. 10.SEC. 7.Section 8388.6 is added to the Public Utilities Code, to read:8388.6.After an emergency or disaster in which an electrical corporations electrical infrastructure was destroyed, if the electrical corporation rebuilds the destroyed electrical infrastructure, it shall use the most cost-effective wildfire mitigation strategies that conform to state and industry safety standards for electrical equipment and that minimize the risk of catastrophic wildfire as quickly as possible, including consideration of undergrounding and covered conductor methods, to the extent applicable. The cost of undergrounding, installing covered conductors, or other more cost-effective wildfire mitigation strategies for electrical infrastructure pursuant to this section shall not be recovered from ratepayers.
SEC. 11.Chapter 10 (commencing with Section 8450) is added to Division 4.1 of the Public Utilities Code, to read:10.Utility Service Disconnections8450.The Legislature finds and declares all of the following:(a)Access to electricity and heating services is a human right that no one should be deprived of due to an inability to pay.(b)Electricity is essential to the health, safety, and welfare of the people of this state and to the states economy.(c)It is the responsibility of state government to ensure that a reliable supply of electricity is maintained at a level consistent with the need for the electricity to protect public health and safety, promote the general welfare, and protect environmental quality.(d)Gas and electrical service shutoffs threaten the health of infants, children, the elderly, low-income families, communities of color, people for whom English is a second language, physically disabled persons, and persons with life-threatening medical conditions.(e)Section 779.3 of the Public Utilities Code prohibits a gas or electrical corporation from disconnecting service for nonpayment by a residential customer receiving a medical baseline allowance when the customer or a member of the customers household is under hospice care at home, depends upon life-support equipment, or has a life-threatening condition or illness.(f)Public Utilities Commission Decision 20-06-003 (June 16, 2020), Phase I Decision Adopting Rules and Policy Changes to Reduce Residential Customer Disconnections for the Larger California-Jurisdictional Energy Utilities, prohibits large investor-owned utilities from doing both of the following:(1)Disconnecting residential customers when temperatures above 100 degrees or below 32 degrees are forecasted based on a 72-hour look-ahead period.(2)Disconnecting residential customers who currently have Low-Income Home Energy Assistance Program pledges pending.(g)In response to the COVID-19 pandemic, Public Utilities Commission Resolution M-4842 (April 17, 2020), Emergency Authorization and Order Directing Utilities to Implement Emergency Customer Protections to Support California Customers During the COVID-19 Pandemic, required electrical and gas utilities to suspend disconnection for nonpayment, commonly known as the COVID-19 disconnection moratorium.(h)The COVID-19 disconnection moratorium ended in September 2021, but California investor-owned utilities began disconnecting their customers for nonpayment in August 2022.(i)From August 2022 to August 2024, Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas and Electric Company collectively disconnected their customers for nonpayment 412,787 times.(j)From August 2022 to August 2024, Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas and Electric Company also compensated their shareholders with $7,620,000,000 in dividends. During that period, the estimated cost to prevent all residential shutoffs for nonpayment was seventy-seven hundredths of 1 percent of that compensation to shareholders.8451.For purposes of this chapter, the following definitions apply:(a)Adult means a person 18 years of age or older.(b)Economic unit means all adults contributing to and sharing in the income and expenses of a household.(c)Electrical corporation has the same meaning as defined in Section 218.(d)Gas corporation has the same meaning as defined in Section 222.(e)Household means a residential address shared by a group of adults, including the utility customer, and children who are living together at that address as one economic unit. A household may contain related and unrelated persons. If an adult has no, or minimal, income and lives with an adult who provides financial support to that adult, both adults are part of the same household. A child under 18 years of age and living with a parent or guardian is part of the same household as the parent or guardian.(f)Local publicly owned electric utility has the same meaning as defined in Section 224.3.(g)Residential service means the provision of electrical or natural gas service to a residential connection at a single-family residence, a multifamily residence, a mobilehome, including, but not limited to, a mobilehome in a mobilehome park, or farmworker housing.(h)Utility means an electrical corporation, local publicly owned electric utility, gas corporation, or local publicly owned gas utility.8452.(a)A utility shall not disconnect a customers residential service for nonpayment if the customers household is the residence of any of the following persons:(1)A child five years of age or younger, regardless of the customers relationship with the child.(2)A person 65 years of age or older.(3)A person with a disability, consistent with subdivision (d).(4)A person with a medical condition, consistent with subdivision (d).(5)A person who is pregnant or 0 to 12 weeks postpartum, consistent with subdivision (e).(b)(1)A utility shall not disconnect a customers residential service for nonpayment if the customer has a household income at or below 200 percent of the federal poverty line.(2)For purposes of paragraph (1), a utility shall deem a residential customer to have a household income below 200 percent of the federal poverty line if any member of the household is a current recipient of a benefit or discount pursuant to one or more of the following programs, or if the customer declares that the households annual income is less than 200 percent of the federal poverty level:(A)The California Alternative Rates for Energy (CARE) program, as described in Section 739.1.(B)The CalWORKS program, as described in Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code.(C)CalFresh, as described in Section 18900.2 of the Welfare and Institutions Code.(D)General assistance, as described in Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code.(E)Medi-Cal, as described in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.(F)Federal Supplemental Security Income, as described in Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.).(G)The State Supplementary Payment Program, as described in Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.(H)The California Special Supplemental Nutrition Program for Women, Infants, and Children, as described in Section 123280 of the Health and Safety Code.(3)For purposes of paragraph (2), a utility shall provide a customer with the ability to confirm eligibility for enrollment through a request for self-certification of eligibility under penalty of perjury.(c)On and after January 1, 2026, each electrical corporation and gas corporation shall automatically reconnect all households that are eligible for protection under subdivision (a) or (b) that had their residential service disconnected due to nonpayment.(d)(1)(A)In order for the prohibition described in paragraph (3) or (4) of subdivision (a) to apply to a customers residential service, the customer, or a member of the customers household, shall notify the utility that the prohibition applies. The customer, or a member of the customers household, shall verify the prohibitions applicability by submitting to the utility, within three weeks after their latest disconnection notice, a certification from a primary care provider that the discontinuation of residential service will be life threatening to, aggravate an existing medical condition of, or pose a serious threat to the health and safety of, a resident of the household where the residential service is provided. Upon receipt of the certification and while verifying the certification, the utility shall not disconnect the customers service or the service of a member of the customers household.(B)Each electrical corporation and gas corporation shall create a certification form that states the eligibility requirements that apply to this chapter and that does not request the identification of the specific category that applies.(2)Notwithstanding paragraph (1), the customer, or a member of the customers household, may automatically establish the applicability of the prohibitions described in paragraphs (3) or (4) of subdivision (a) without submitting a certification from a primary care provider if the customer, or member of the customers household, participates in the Medical Baseline Program.(e)If a customer, or a member of the customers household, is protected from disconnections pursuant to paragraph (5) of subdivision (a), the customer or member shall submit to the utility the certification of a primary care provider that the customer or member is pregnant or postpartum.(f)Local publicly owned electric or gas utilities shall revise their policies that mitigate utility shutoffs for nonpayment to be at least as protective of the vulnerable customer groups listed in subdivision (a) as required by this section. If the local publicly owned electric or gas utility does not have an policy that mitigates shutoffs for nonpayment for a vulnerable customer group listed in subdivision (a), the local publicly owned electric or gas utility shall establish a policy for that vulnerable customer group as required by this section.8453.(a)Each utility shall notify its residential customers of the prohibitions described in subdivisions (a) and (b) of Section 8452 by doing all of the following:(1)Posting the prohibitions in a publicly available location on the utilitys internet website, if the utility has an internet website.(2)Providing the prohibitions, in writing, to the utilitys residential customers at least twice per year, including before the onset of the summer and winter seasons.(3)Including the prohibitions on each residential customers utility bill.(4)Including the prohibitions on each new residential customers first utility bill.(b)All written notices required pursuant to subdivision (a) shall be provided in English, the languages listed in Section 1632 of the Civil Code, and any other language spoken by 10 percent or more of the customers in the utilitys service area.(c)Each utility that has an internet website shall create an online reporting system available through its internet website that enables its residential customers to report when their residential service has been disconnected in violation of subdivision (a) or (b) of Section 8452. The utility shall promptly respond to reports filed through its online reporting system and shall disclose a violation to the commission.8454.(a)A utility shall offer a residential customer who meets the requirements of subdivision (a) or (b) of Section 8452 a payment plan for the customers electricity or gas service that is provided by the utility, including a percentage of income payment plan, as authorized by the commission in commission Decision 21-10-012 (October 11, 2021), Decision Authorizing Percentage of Income Payment Plan Pilot Programs, in which customers are subject to a monthly bill cap set at a percentage of household income not to exceed 4 percent of household income or one-twelfth of the combined amount of the customers electricity and gas bills immediately before the customers enrollment in the payment plan required to be offered by the utility pursuant to this section, whichever is lower.(b)A residential customer subject to the payment plan shall not be financially responsible for any costs of providing electrical service or gas service exceeding the customers payment plan amount.(c)A utility subject to the disconnection prohibition described in Section 8452 shall be subject to both of the following provisions:(1)The utility shall not disconnect a residential customer described in subdivision (a) or (b) of Section 8452 due to lack of participation in a payment plan described in subdivision (a).(2)The utility may report to a credit reporting agency that a customers outstanding balances are delinquent only if the customer declines to participate in a payment plan or fails to pay in full the amounts due under a payment plan on three separate occasions during the terms of a payment plan described in this section or another payment plan offered by the utility.8455.(a)The commission shall establish a citation program to impose a penalty on an electrical corporation or gas corporation that violates Section 8452.(b)(1)The commission may bring an action in state court for equitable relief regarding an electrical corporations or gas corporations use of a method, act, or practice inconsistent with this chapter.(2)A customer, or a member of the customers household, may bring an action in state court for equitable relief regarding a utilitys use of a method, act, or practice inconsistent with this chapter.8456.(a)(1)Each utility providing electrical service or gas service, or both, to residential customers shall collect and submit to the commission monthly data on electrical and gas service terminations, reconnections, bill assistance and payment agreements, arrears, and created and broken payment plans.(2)When collecting and submitting to the commission the monthly data described in paragraph (1), those utilities shall do both of the following:(A)Use metrics that replicate the data provided in the monthly disconnect data reports authorized by the commission pursuant to commission Decision 18-12-013 (December 13, 2018), Decision Adopting Interim Rules to Reduce Residential Customer Disconnections for California-Jurisdictional Energy Utilities.(B)Aggregate electrical and gas service termination and reconnection data by ZIP Code, similar to the monthly disconnect data reports authorized by the commission pursuant to commission Decision 18-12-013 (December 13, 2018), Decision Adopting Interim Rules to Reduce Residential Customer Disconnections for California-Jurisdictional Energy Utilities.(b)The commission shall either include the data as monthly filings in commission Rulemaking 18-07-005 (July 12, 2018), Order Instituting Rulemaking to Consider New Approaches to Disconnections and Reconnections to Improve Energy Access and Contain Costs, or create a new page on the commissions internet website that clearly collects and presents all of the data submitted to the commission pursuant to this section.8457.(a)This chapter does not apply to utility actions related to wildfire prevention or other safety measures, including public safety power shutoffs or deenergization events.(b)This chapter does not apply to unintentional service disruptions or outages.SEC. 8.Chapter 10 (commencing with Section 8450) is added to Division 4.1 of the Public Utilities Code, to read:10.Utility Service Disconnections8450.For purposes of this chapter, all of the following definitions apply:
(a)Electrical corporation has the same meaning as defined in Section 218.
(b)Gas corporation has the same meaning as defined in Section 222.
(c)Local publicly owned electric utility has the same meaning as defined in Section 224.3.
(d)Utility means an electrical corporation, local publicly owned electric utility, gas corporation, or local publicly owned gas utility.
8451.Each utility shall quarterly post all of the following information concerning termination of service due to nonpayment on their respective internet websites:
(a)The total number of customers terminated.
(b)The total number of customers reconnected.
(c)The total number of payment agreements.
(d)The total number of customers in arrears and the aggregated value of the arrears.
(e)The total number of payment plans in effect and the number of payment plans that have been broken.
SEC. 12.SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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.
This act shall be known, and may be cited, as the Investor-Owned Utilities Accountability Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE), San Diego Gas and Electric Company (SDG&E), and SoCalGas, which have collectively exercised their monopoly over California ratepayers for over 100 years, have lost the trust of the people of California due to their crushingly high rates, exorbitant payouts to executives and shareholders, reckless endangerment of life and property, and excessive spending with the goal of generating profits rather than providing an essential service.
(b)Rates are higher in investor-owned utility (IOU) service territories across California than in not-for-profit utilities, including municipal utilities, rural electric cooperatives, and tribal utilities, which has resulted in working class and low-income people paying higher rates. On average, California IOU electricity rates are more than 50 percent higher than rates charged by publicly owned utilities. For IOU customers in California, rates have increased nearly 50 percent over the past three years.
(c)Under the current system, most distribution and transmission infrastructure is financed by IOUs and paid for by utility ratepayers. Ratepayers also pay for a rate of return for the IOUs for each project, which can average close to 10 percent. This guaranteed return on investment rate creates a significant and increasingly unsustainable burden on ratepayers as more unnecessary transmission lines are constructed. This can result in unnecessary rate hikes for consumers, as capital expenses can be overestimated and overspent to increase profits. As an example, in the 2023 General Rate Case, PG&E admitted that they overestimated the actual cost of infrastructure needed by $3 billion. Despite electricity demand remaining stable, executive compensation, infrastructure spending, and customer rates continue to increase. While utilities submit new rate increase proposals on a roughly three- to four-year cycle to the Public Utilities Commission, they can also submit annual increases and emergency supplements. The compounding effect and increased frequency of these rate increases, largely related to wildfire emergencies, have unfairly burdened California residents. Specifically, from January 2021 to October 2024, inclusive, PG&E residential rates increased by 56 percent, SCE rates increased by 48 percent, and SDG&E rates increased by 21 percent.
(d)These increasing rate hikes and record profits are a function of the IOUs being unwilling to adequately serve their ratepayers through affordable utility rates. One in five households served by the states largest IOUs are in utility debt. From August 2022 to August 2024, inclusive, PG&E, SCE, and SDG&E also compensated their shareholders with $7.62 billion in dividends. During that period, the estimated cost to prevent all residential shutoffs for nonpayment was seventy-seven one hundredths of 1 percent of that compensation to shareholders.
(e)The IOUs have caused some of Californias most destructive wildfires. PG&E is responsible for more than 30 wildfires since 2017 that have destroyed more than 23,000 homes and businesses and killed more than 100 people. These fires include the 2017 Tubbs Fire, the 2018 Camp Fire, the 2019 Kincade Fire, the 2020 Zogg Fire, and the 2021 Dixie Fire. SCE was found responsible for burning more than 385,000 acres, destroying thousands of structures, and causing five deaths in the 2017 Rye Fire, the 2017 Meyers Fire, the 2017 Liberty Fire, the 2017 Thomas Fire, and the 2018 Woolsey Fire. In 2007, SDG&E caused three fires, the Witch Fire, the Guejito Fire, and the Rice Fire, burning 207,000 acres, killing two people, destroying 1,141 homes. Assembly Bill 1054 (Chapter 79 of the Statutes of 2019) established a wildfire insurance fund of $21 billion, all passed onto ratepayer bills, directly and indirectly.
(f)Past and present experience demonstrates that the IOUs prioritize profits over the safety and well-being of the ratepayers and residents of California, and thus, to support public necessity and public purpose, must be replaced with a well-researched and structured successor entity that focuses on the needs of ratepayers, workers, fire survivors, and community members instead of shareholders.
(g)The State of California created the not-for-profit public benefit corporation, Golden State Energy, designated as a receiver for PG&Es assets, through passing Senate Bill 350 (Chapter 27 of the Statutes of 2020) for the purpose of owning, controlling, operating, or managing electrical and gas services for its ratepayers, for the benefit of all Californians if PG&E were to lose its business license in a six-step accountability process overseen by the Public Utilities Commission. At that time, PG&E was in bankruptcy due to an untenable amount of liabilities for wildfires caused by its equipment. Senate Bill 350 created a successor in name only and was never in a position to receive PG&E assets. This bill builds on Senate Bill 350 by authorizing an in-depth unbiased study by a neutral third party to assess the practical, financial, legal, regulatory, labor, and technical aspects of a smooth and just transition away from the IOU model to one that prioritizes the needs of the people and ecology of the State of California.
SEC. 3.Chapter 3.5 (commencing with Section 25250) is added to Division 15 of the Public Resources Code, to read:3.5.Investor-Owned Utility Transition Feasibility Study25250.For purposes of this chapter, the following definitions apply:
(a)Clean energy investments, incentives, and ownership refers to the levels of private investment or public incentives in energy resources eligible under the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code), and the entities that provided the investment or incentives and own the resources.
(b)Critical minerals means those minerals specified by the United States Geological Survey as essential to the economic or national security of the United States, have a supply chain that is vulnerable to disruption, and serve an essential function in the manufacturing of a product, the absence of which would have significant consequences for the economic or national security of the United States. Critical minerals do not include fuel minerals, water, ice, or snow, or common varieties of sand, gravel, stone, pumice, cinders, or clay.
(c)Disadvantaged communities advisory group means the disadvantaged communities advisory group established pursuant to subdivision (g) of Section 400 of the Public Utilities Code.
(d)Disadvantaged community means a community identified pursuant to Section 39711 of the Health and Safety Code.
(e)Distributed energy resources means distributed renewable generation resources, energy efficiency, energy storage, electric vehicles, and demand response technologies.
(f)Endangered species means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease.
(g)Energy burden means the expense of energy expenditures relative to overall household income.
(h)Energy justice means the goal of achieving equity in both the social and economic participation in the energy systems, while also remediating social, economic, and health burdens on those historically harmed by the energy system, including disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(i)Equity, just, and justice mean the goal of creating systems, organizations, and societies that are fair and just, recognizing where disadvantages and barriers exist, and allocating resources and support to ensure equal access and opportunity for all populations.
(j)Investor-owned utilities or IOUs means all of the following:
(1)Pacific Gas and Electric Company, PG&E Corporation, any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of electrical or gas service within Pacific Gas and Electric Companys service territory, and any successor to any of the foregoing.
(2)Southern California Edison, SCE, any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of electrical or gas service within Southern California Edisons service territory, and any successor to any of the foregoing.
(3)Southern California Gas, a subsidiary of Sempra, SoCal Gas, and any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of gas service within Southern California Gas service territory, and any successor to any of the foregoing.
(4)San Diego Gas and Electric, a subsidiary of Sempra, SDG&E, and any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of electrical or gas service within San Diego Gas and Electrics service territory, and any successor to any of the foregoing.
(k)Just transition means a framework for a fair shift to an economy that is ecologically sustainable, equitable, and just for all its members.
(l)Low-income means at or below 80 percent of the state median income.
(m)Microgrid means an interconnected system of loads and energy resources, including, but not limited to, distributed energy resources, energy storage, demand response tools, or other management, forecasting, and analytical tools, appropriately sized to meet customer needs, within a clearly defined electrical boundary that can act as a single, controllable entity, and can connect to, disconnect from, or run in parallel with larger portions of the electrical grid, or can be managed and isolated to withstand larger disturbances and maintain electrical supply to connected critical infrastructure.
(n)Study team means one or more qualified organizations, public institutions, or consulting firms that is awarded the request for proposal to develop the study pursuant to Section 25251.
(o)Successor entity means a public entity, public benefit corporation, or mutual benefit corporation.
25251.(a)The commission, on or before March 31, 2026, based on the scoring evaluation developed and conducted by the Disadvantaged Communities Advisory Group, and in coordination with the public advisor and the Public Utilities Commission, shall issue a request for proposals for a team to develop a study to do all of the following:
(1)Consistent with Section 25254, conduct a historical energy justice assessment of the IOUs operations and impacts on California residents, wildlife, and ecologies, with a focus on disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(2)Consistent with Section 25255, complete a comparative analysis of the benefits and challenges of transitioning the IOUs to a successor entity in order to identify a recommended model, assess the feasibility of transitioning the IOUs to a successor entity, and identify priority just design features for the successor entity, with the goal of serving the public interest and necessity of the people and ecologies of California.
(3)Consistent with Section 25257, if the study, as approved by the commission, finds that it is in the best long-term interests of the people and ecologies of California to transition away from the investor-owned utility model, create a justice-centered implementation plan for managing the transition, including all appropriate mechanisms and any statutory changes that may be required.
(b)The request for proposals shall seek applications that contain one or more organizations, public universities, or consultants with a demonstrated commitment to working with disadvantaged communities, and include partnership with the Disadvantaged Communities Advisory Group, and one or more community-based organizations that have supported the formation of Golden State Energy.
(c)Organization qualifications shall include all of the following:
(1)An eligible organization or consultant shall not have received more than one-half their income in the last three years from or for investor-owned utilities. An organization or consultant that has more than 10 percent of their work from any investor-owned utilities in California shall be required to set up appropriate safeguards to prevent conflicts of interest in the study analysis. An eligible institution, department, or principle investigator within a university shall not have received more than 10 percent of their funding in the past five years from investor owned utilities.
(2)An eligible organization or consultant team shall demonstrate:
(A)Through references from at least three jurisdictions, experience in policy, finance, grid design, and structural redesign work performed for jurisdictions with a population size of at least 1,000,000 people or a geographic area of 500 square miles.
(B)Through case studies of prior work, demonstrated ability to fairly engage and integrate multiple stakeholder perspectives involved in or impacted by renewable energy generation, distribution, or transmission systems.
(C)A clear record of research that indicates knowledge of, and engagement with, multiple utility ownership models, including both municipal and investor owned utilities.
(D)A clear record of research that demonstrates an understanding of the energy justice and distributional impacts of current energy systems and protocols across the utility system.
(d)On or before June 30, 2026, the commission, based on scoring developed and conducted by the Disadvantaged Communities Advisory Group, and with supporting resources and recommendations from the Public Utilities Commission, shall select the team with the highest score that meets the qualifications outlined in subdivision (c) and demonstrates their ability to meet study objectives outlined in subdivision (a) and Sections 25254, 25255, and 25257 as the study team.
(e)The commission shall hold a public proceeding and submit a report of the study teams findings and recommendations, including any statutory changes that may be required, to the Legislature, in compliance with Section 9795 of the Government Code, no later than 24 months after selecting the study team for the feasibility portion of the study, and no later than 36 months after selecting the study team for the implementation plan portion of the study.
25252.(a)The commission shall require the study team to select and convene an advisory council, with recommendations from the Disadvantaged Communities Advisory Group, by December 31, 2026, to participate in the study of the vision for a new energy system as outlined in Section 25255. The advisory council shall review and provide recommendations on the initial scope of the study and implementation plan and on all preliminary and final drafts. Comments and recommendations from the advisory council that are not incorporated by the study team shall be included as an addendum to the study.
(b)(1)The advisory council shall be drawn from diverse backgrounds to represent interests of disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes throughout the IOUs service territories and represent geographically diverse areas of California and consist of at least 13 members who collectively represent the following lived experiences and subject matter expertise:
(A)Tribal utilities.
(B)Community choice aggregation.
(C)Low-income residential ratepayer advocacy.
(D)Equitable rate design and utility cost allocation.
(E)Environmental justice, energy justice, or utility justice issues.
(F)Racial and economic justice.
(G)Survivors of IOU-caused wildfires.
(H)Disability rights.
(I)Federally recognized California Indian tribes.
(J)Nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(K)Labor unions representing utility workers.
(L)Inclusive workforce development.
(M)Deep knowledge of distributed energy resources and grid architecture.
(2)Members of the advisory council shall not be current or previous employees, or current contractors, of an electrical corporation, as defined in Section 218 of the Public Utilities Code.
(c)Members of the advisory council shall be entitled to per diem compensation and reimbursement of expenses for meetings, upon appropriation by the Legislature.
25253.(a)For purposes of carrying out this chapter, the study team may do all of the following:
(1)Consult with any stakeholders as needed or appropriate.
(2)Request the production of books, records, correspondence, figures, charts, memoranda, papers, and documents, and other relevant materials of any nature from the commission, the Public Utilities Commission, and the IOUs.
(b)For purposes of carrying out this chapter, the study team shall do all of the following:
(1)Collaborate with the advisory council and the commission, through the Public Advocates Office, to host a minimum of four public hearings in geographically diverse regions of the IOUs service territories and during a variety of times to accommodate different work schedules.
(2)In its specific findings, clarify all assumptions for findings and include citations to the original data or source for those assumptions.
(c)A member of the study team may, if authorized by the prime consultant, take any action that the overall consultant team is authorized to take pursuant to this section.
(d)On behalf of the commission, the study team may acquire directly from the head of a state agency available information that they consider useful in fulfilling their deliverables. All state agencies shall cooperate with the commission on behalf of the study team with respect to such information and shall furnish all information requested by the study team to the extent permitted by law. The study team shall keep confidential any information received from a state agency that is confidential or exempt from the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) or subject to a nondisclosure agreement.
(e)As consultants to the commission, the study team shall have the administrative, technical, and legal assistance of the Department of Justice, the commission, the Public Utilities Commission, and the State Air Resources Board.
(f)The study team may procure supplies and services by contract in accordance with applicable laws and rules.
(g)The study team may enter into subcontracts for purposes of conducting research or surveys, preparing reports, and performing other activities necessary for the fulfillment of their research deliverables with state departments, agencies, and other instrumentalities of the state, federal departments, agencies, and other federal instrumentalities, and private entities. Subcontractors shall also meet the qualifications outlined in paragraph (1) of subdivision (c) of Section 25251.
(h)For purposes of carrying out this chapter, the commission, through the Public Advocates Office, may do all of the following in service of completion of deliverables for the contract:
(1)Hold hearings and sit and act at any time and location in California.
(2)Consult with any issueholders as deemed necessary to achieve the objectives of this chapter.
(3)Request the attendance and testimony of witnesses.
(4)Seek an order from a superior court compelling testimony or compliance with a subpoena, including from the IOUs executive leadership.
25254.The historical energy justice assessment component of the study described in Section 25251 shall assess the IOUs historical and ongoing operations and impacts on California residents, wildlife, and ecologies, with a focus on impacts to disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission, broken down by ZIP Code, income, race, age, and other relevant demographics. The assessment shall include, but is not limited to, all of the following:
(a)An assessment and quantification of the distribution of health harms and reduced lifespans resulting from wildfires, polluting energy generation facilities, and infrastructure.
(b)An assessment and quantification of the economic distribution of clean energy investments, incentives, and ownership.
(c)An assessment of the impacts of rate increases and the extent and distribution of energy burdens based on historical rates.
(d)An assessment of the distribution and quantity of utility disconnections, including disconnections due to lack of payment and public safety power shutoffs.
(e)An assessment of the emotional, economic, ecological, and safety-related impacts from disasters caused by the IOUs, including, but not limited to, wildfires, pipeline explosions, power shutoffs, deenergization events, and the potential health impacts and lifespan reductions from those impacts.
(f)An assessment of the pollution and other ecological impacts from energy generating infrastructure and the potential health impacts and lifespan reductions from those impacts.
(g)An assessment of the extent and distribution of delayed or lack of provision of electricity and gas service and hookups.
(h)An assessment of the liability incurred by, and during, the IOUs ownership, including specifying the portion of risks and liabilities likely to be transferred to a successor entity.
(i)A quantification of the IOUs current tax obligations to the state.
(j)An assessment of lands taken or received that were previously owned and stewarded by federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(k)An assessment of the IOUs historical and ongoing impacts on California wildlife, endangered species, and ecologies.
(l)An assessment and audit of the IOUs capital expenditures and operating expenses to identify the cost-effectiveness of infrastructure investments.
25255.(a)The comparative analysis of the benefits and challenges component of transitioning the IOUs to a recommended successor entity portion of the study described in paragraph (2) of subdivision (a) of Section 25251 shall provide a comparative assessment of transitioning the IOUs to either a public entity, nonprofit public benefit corporation, or mutual benefit corporation, assess the overall feasibility of transitioning the IOUs to a successor entity, and identify priority energy just design features for a successor entity.
(b)The comparative analysis shall comprise all of the following:
(1)An assessment of all legal, economic, financial, governance, and other relevant aspects of the ownership types required to successfully transition the assets and operations of the IOUs to a nonprofit public benefit corporation, such as Golden State Energy, a mutual benefit corporation, or a publicly owned electric utility, which may be in existence or yet to be formed.
(2)An assessment of whether there are any structural limitations or advantages of each ownership type relative to the successor entitys ability to serve the people of California and to achieving the following policy objectives:
(A)A demonstrable reduction in electricity costs for customers over a 30-year period, with a focus on increasing energy bill affordability for low-income communities, disadvantaged communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes, ensuring electricity costs are less than 3 percent of household income.
(B)Increased opportunity for labor benefits through maintaining pensions and increasing benefits for workers, increasing good union jobs and inclusive workforce development in the region.
(C)Increased public accountability, trust, and transparency in governing structures, financial spending, maintenance, and infrastructure decisions.
(c)The feasibility assessment shall include all of the following:
(1)Identification of legal and regulatory issues, and recommendations for addressing these issues, that might arise from transitioning the assets and operations of the IOUs and their respective operations as described in this chapter, and post-transition, in order to do all of the following:
(A)Maintain the authority for the establishment of municipal utility districts, rural electric cooperatives, and tribal utilities, and ensure the successor entity cooperates with other public entities.
(B)Safeguard or strengthen the worker and labor benefits, including union protections, during and after the transition period, and provide for workers rights and a just transition for workers impacted by the decommissioning of unsafe, polluting infrastructure.
(C)By no later than 2032, safely decommission generation, transmission, and piping infrastructure transferred to the successor entity that is unsafe and polluting, prioritizing infrastructure that is causing disproportionate harms in disadvantaged communities, low-income communities, federally recognized California Indian tribes, or nonfederally recognized California Native American tribes.
(D)Manage future wildfire liability.
(E)Equitably decommission gas infrastructure and transition towards electrification, prioritizing the decommissioning of gas powerplants in disadvantaged communities and replacement with community-owned distributed energy resources without unduly burdening ratepayers, especially low-income or disadvantaged ratepayers, with associated costs.
(2)A preliminary evaluation of the long-term costs and benefits over at least a 30-year horizon of a transfer in ownership to a successor entity, including an assumption for clean energy, electrification, and grid investments at a pace in accordance with state climate goals. This evaluation shall incorporate all of the following:
(A)The potential for securitization of debt, including consideration of tax-exempt bonding for municipal utilities.
(B)Consideration of the portion of utility capital expenses paid for by ratepayer contributions.
(C)Application of all legally claimed depreciation of assets by the IOUs.
(D)Equitable finance and revenue sources that may be available to the successor entity for its operational needs, including for purchase, maintenance, and upgrades, with information regarding all of the following:
(i)Mechanisms to support the creditworthiness of the successor entity during the early years of operation.
(ii)Access to bonds.
(iii)Long-term opportunities for public financing.
(iv)Ability to leverage federal funding in the form of elective pay, as outlined in the Inflation Reduction Act of 2022 (Public Law 117-169).
(v)Options for revenue collected from rates and other financial resources.
(3)A thorough consideration of which IOU assets should be prioritized for transfer and a timeline for those transfers, including all of the following:
(A)The merits or risks of splitting ownership of the IOUs distribution infrastructure, transmission infrastructure, program administration, generation, and retail energy services.
(B)The merits or risks of splitting ownership of the IOUs electrical and gas infrastructure.
(C)The merits or risks of splitting ownership by geographic territory.
(D)A full consideration of which assets to prioritize for transfer and a timeline for those transfers, including consideration of grid architectures that maximize distributed energy resources and future needs for distribution system operator infrastructure.
(E)An evaluation of potential benefits, if any, that may be realized by separating the ownership and operation of the electrical distribution system for future distribution system operator models.
(d)The identification of just design features for a successor entity and the mechanisms to realize them shall include, but not be limited to, all of the following:
(1)The acknowledgment, rectification, and repair of prior harms, as found in the historical energy justice assessment pursuant to Section 25254.
(2)Increasing social equity, electrical system reliability and performance, ecological sustainability, and climate resilience, including the ability to adapt to adverse climate-related weather disasters and other economic, social, and infrastructural crises.
(3)Minimizing environmental health harms in the region and in homes.
(4)Enhancing stewardship of finite resources and fragile ecologies through reducing the need for future large scale buildout, land clearing, or installation of ecologically disruptive energy generation, transmission, and distribution assets, and minimizing extraction of critical minerals.
(5)Focusing on disadvantaged communities, low-income communities, federally recognized California Indian tribes, and nonfederally recognized California Native American tribes in decisionmaking processes.
(6)Creating innovative participatory governance and accountability structures that enable community members, including low-income members and users with disabilities, to meaningfully impact the priorities of the successor entity.
(7)Adopting mechanisms for sustained public engagement and transparency that holds the successor entity accountable to its mission to serve the communitys well-being.
(8)Creating alternative mechanisms to utility disconnections to cover nonpayment by customers.
(9)Including nonenergy impacts, social costs and benefits, health impacts, and more equitable climate outcomes in evaluating cost-effectiveness and decisionmaking.
(10)Creating governance of the successor entity in a manner that maximizes public participation and energy democracy, including all of the following:
(A)Whether members of the board of directors of the successor entity should be appointed pursuant to Part 2 (commencing with Section 3420) of Division 1.7 of the Public Utilities Code, elected by the customers of the successor entity, or a combination of appointees and elected members, and what type of expertise or experience should be represented.
(B)Term limits for members of the board of directors.
(C)Size and representation of the board of directors.
(D)Involvement of, and robust funding of, technical assistance mechanisms to support community-based organizations in contributing to the decisions of the board of directors.
(E)Adequate full-time staffing needs for the board of directors.
(11)Requirements on the operations of the successor entity, including on all of the following:
(A)Data collection by the successor entity and the public availability of collected data.
(B)Public engagement and transparency, including all of the following:
(i)Public engagement timelines and processes for rate cases, budget planning, and other policy and program approvals.
(ii)Public meetings, notices, and comment periods.
(iii)Relationships with local government, including reporting and communication requirements on projects undertaken by the successor entity with defined local economic benefits.
25256.(a)Upon completion of the study components described in Sections 25254 and 25255, the study team, in consultation with the advisory council, consistent with Section 25252, shall recommend a particular successor entity ownership type to the commission for further feasibility review and implementation considerations.
(b)On or before September 30, 2028, the commission, through a public process, shall vote to approve the study and recommended a particular successor entity ownership type based on a rubric comparing each of the successor entity ownership types to the incumbent IOU model using the following criteria:
(1)Long-term affordability for the state and for ratepayers.
(2)Safety.
(3)Reliability.
(4)Climate resilience.
(5)Local economic benefits.
(6)Health impacts.
(7)Energy justice.
25257.(a)If the study, as approved by the commission, finds that it is in the best long-term interests of the people and ecologies of California to transition away from the investor-owned utility model, the study team shall begin work to create a justice-centered implementation plan, as described in paragraph (3) of subdivision (a) of Section 25251, to outline a timeline and transition process to the successor entity, including recommendations for which branches of government or agencies should be responsible and coordinate with which portions of the public to ensure the transition fairly minimizes burdens and unintended consequences and fairly maximizes benefits in service of the public interest and necessity.
(b)The implementation plan shall identify all appropriate implementation mechanisms, including statutory changes that may be required, recommendations for specific bylaws, operating procedures, governance structures, or otherwise to ensure the successor entity is structured, operationalized, and has the proper authority and mandate to ensure more just outcomes, based in part on findings pursuant to Sections 25254 and 25255.
(c)The implementation plan shall additionally do all of the following:
(1)Recommend mechanisms to fairly set the acquisition cost and valuation in as legally defensible and timely manner as possible, with the goal of avoiding lengthy periods of litigation over the acquisition cost.
(2)Recommend an appropriate regulatory structure to clearly delineate the relationship between the Public Utilities Commission and the successor entity, including consideration of an independent oversight body for the successor entity.
(3)Provide for community benefit agreements and other local economic benefit and cost savings to the maximum extent possible for new infrastructure investments and maintenance, prioritizing clean distributed energy resources.
(d)The commission, through a public process, shall vote to approve the implementation plan on or before October 31, 2029.
SEC. 4.Article 4.5 (commencing with Section 570) is added to Chapter 3 of Part 1 of Division 1 of the Public Utilities Code, to read:4.5.Infrastructure Project Procurement570.For purposes of this article, all of the following definitions apply:
(a)Best value means a procurement process whereby the selected bidder is selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.
(b)Best value contract means a competitively bid contract entered into pursuant to this article.
(c)Best value contractor means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract.
(d)Demonstrated management competency means the experience, competency, capability, and capacity of the proposed management staff to complete projects of similar size, scope, or complexity.
(e)Financial condition means the financial resources needed to perform the contract. The criteria used to evaluate a bidders financial condition shall include, at a minimum, capacity to obtain all required payment bonds, performance bonds, and liability insurance.
(f)Labor compliance means the ability to comply with, and past performance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. The criteria used to evaluate a bidders labor compliance shall include, at a minimum, the bidders ability to comply with the apprenticeship requirements of the California Apprenticeship Council and the Department of Industrial Relations, its past conformance with those requirements, and its past conformance with requirements to pay prevailing wages on public works projects.
(g)Qualifications means the financial condition, relevant experience, demonstrated management competency, labor compliance, and safety record of the bidder, and, if required by the bidding documents, some or all of the preceding qualifications as they pertain to subcontractors proposed to be used by the bidder for designated portions of the work. The commission shall evaluate financial condition, relevant experience, demonstrated management competency, labor compliance, and safety record, using, to the maximum extent possible, quantifiable measurements.
(h)Relevant experience means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity.
(i)Safety record means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidders safety record shall include, at a minimum, its experience modification rate for the most recent three-year period and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period.
571.(a)The Office of Energy Infrastructure Safety shall develop a best value procurement model for all electrical corporation infrastructure projects. The best value procurement model shall consider all of the following:
(1)Demonstrated management competency.
(2)Financial condition.
(3)Labor compliance.
(4)Relevant experience.
(5)Safety records.
(b)For all infrastructure projects, each electrical corporation shall demonstrate to the commission that the selected contractor is the best value contractor and shall include all bids received in its submission to the commission.
SEC. 4.SEC. 5.Section 706.5 is added to the Public Utilities Code, to read:706.5.(a)On or before April 1, 2026, each electrical corporation shall submit a proposed executive compensation structure to the commission that is structured to promote safety as a priority and to ensure public safety through performance metrics.
(b)The performance metrics shall include, but not be limited to, all of the following:
(1)Successful completion of vegetation management and wildfire mitigation plans.
(2)Decommissioning and removing risky electrical lines.
(3)Building self-generation supported microgrids throughout the state, including in rural and remote areas of the state.
(c)The commission shall approve the compensation structure if it meets the requirements of subdivision (b).
SEC. 5.Section 748.3 is added to the Public Utilities Code, to read:748.3.SEC. 6.Section 748.7 is added to the Public Utilities Code, to read:748.7.(a)For a proposed rate increase subject to commission approval and a finding that the new rate is just and reasonable, an electrical corporation shall not propose a compounded annual rate increase on residential customers above the increase in the Consumer Price Index.
(b)For proposed rate increases not subject to commission approval and a finding that the new rate is just and reasonable, an electrical corporation shall not propose more than one rate increase per year, and the rate increase shall not apply to California Alternate Rates for Energy program or Family Electric Rate Assistance program customers.
(c)For purposes of this section, Consumer Price Index means the greater of the Consumer Price Index for the West Region, the Consumer Price Index for major cities, or the United States Consumer Price Index.
SEC. 6.Section 748.5 of the Public Utilities Code is amended to read:748.5.(a)Except as provided in subdivisions (c) and (d), the commission shall require revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electric utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations to be credited directly to the residential, small business, and emissions-intensive trade-exposed retail customers of the electrical corporation.(b)Not later than January 1, 2013, the commission shall require the adoption and implementation of a customer outreach plan for each electrical corporation, including, but not limited to, such measures as notices in bills and through media outlets, for purposes of obtaining the maximum feasible public awareness of the crediting of greenhouse gas allowance revenues. Costs associated with the implementation of this plan are subject to recovery in rates pursuant to Section 454.(c)The commission may allocate up to 15 percent of the revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electrical distribution utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations, for clean energy and energy efficiency projects established pursuant to statute that are administered by the electrical corporation, or a qualified third-party administrator as approved by the commission, and that are not otherwise funded by another funding source.(d)(1)Beginning with the fiscal year commencing July 1, 2026, and ending with the fiscal year ending June 30, 2036, from the revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electrical distribution utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations, the commission shall annually allocate one hundred million dollars ($100,000,000) to the Transformative Climate Communities Program (Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code) and annually allocate one hundred million dollars ($100,000,000) to the Community Resilience Center Program (Part 5 (commencing with Section 75250) of Division 44 of the Public Resources Code).(2)All moneys allocated for the Transformative Climate Communities Program and Community Resilience Center Program pursuant to this subdivision shall benefit disadvantaged communities in census tracts that are the most vulnerable to climate disaster, including, high wildfire risk areas and areas with power shutoff, flooding, and climate vulnerabilities.SEC. 7.Section 3289 of the Public Utilities Code is amended to read:3289.(a)(1)No later than July 26, 2019, the commission shall initiate a rulemaking proceeding to consider using its authority pursuant to Section 701 to require each electrical corporation, except a regional electrical corporation that chooses not to participate in any fund pursuant to Chapter 3 (commencing with Section 3291), to collect a nonbypassable charge from ratepayers of the electrical corporation to support the fund, including the payment of any bonds issued pursuant to Division 28 (commencing with Section 80500) of the Water Code, as follows:
(A)For a large electrical corporation, a charge in an amount sufficient to fund the revenue requirement, as established pursuant to Section 80524 of the Water Code.
(B)For a regional electrical corporation, the amount equal to one-half cent per kilowatt-hour ($0.005/kWh).
(2)If the commission determines that the imposition of the charge described in paragraph (1) is just and reasonable, and that it is appropriate to exercise its authority pursuant to Section 701 to do so, the commission shall direct each electrical corporation to impose and collect that charge commencing in the month immediately following the month in which the final imposition of the revenue requirement with respect to bonds previously issued pursuant to Division 27 (commencing with Section 80000) of the Water Code is made. The charge shall be collected in the same manner as that for the payments made to reimburse the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code.
(b)Notwithstanding any other law, no later than 90 days after the initiation of the rulemaking proceeding, the commission shall adopt a decision regarding the imposition of the charge.
(c)(1)Notwithstanding Section 455.5 or 1708, or any other law, the commission shall not revise, amend, or otherwise modify a decision to impose a charge made pursuant to this section at any time before January 1, 2036.
(2)Notwithstanding paragraph (1), the commission shall revise the decision adopted pursuant to subdivision (b) to reduce the charge imposed on ratepayers pursuant to subdivision (a) to an amount equal to 5 percent of the costs to support the fund, and require each electrical corporation to contribute the remaining 95 percent of the costs to support the fund.
(d)If the administrator authorizes Golden State Energy to participate in the fund pursuant to subdivision (d) of Section 3292, Golden State Energys ratepayers shall be subject to the nonbypassable charge previously imposed by the commission pursuant to this section.
SEC. 8.Section 3292 of the Public Utilities Code is amended to read:3292.(a)If, no later than July 27, 2019, each large electrical corporation not subject to an insolvency proceeding on July 12, 2019, notifies the commission of its commitment to provide the initial contribution and the annual contributions, and subsequently provides its initial contribution as set forth in paragraph (3) of subdivision (b), the fund shall be established to pay eligible claims as set forth in subdivision (f) and obtain reimbursement from electrical corporations as set forth in subdivision (h).
(b)Except as provided in subdivision (d), to participate in the fund established pursuant to subdivision (a), an electrical corporation shall satisfy the following conditions by no later than June 30, 2020:
(1)The electrical corporation is not, and has not been since July 12, 2019, the subject of an insolvency proceeding or on criminal probation unless the electrical corporation meets the following conditions:
(A)The electrical corporations insolvency proceeding has been resolved pursuant to a plan or similar document not subject to a stay.
(B)The bankruptcy court or a court of competent jurisdiction, in the insolvency proceeding, has determined that the resolution of the insolvency proceeding provides funding or establishes reserves for, provides for assumption of, or otherwise provides for satisfying any prepetition wildfire claims asserted against the electrical corporation in the insolvency proceeding in the amounts agreed upon in any pre-insolvency proceeding settlement agreements or any post-insolvency settlement agreements, authorized by the court through an estimation process or otherwise allowed by the court.
(C)The commission has approved the reorganization plan and other documents resolving the insolvency proceeding, including the electrical corporations resulting governance structure as being acceptable in light of the electrical corporations safety history, criminal probation, recent financial condition, and other factors deemed relevant by the commission.
(D)The commission has determined that the reorganization plan and other documents resolving the insolvency proceeding are (i) consistent with the states climate goals as required pursuant to the California Renewables Portfolio Standard Program and related procurement requirements of the state and (ii) neutral, on average, to the ratepayers of the electrical corporation.
(E)The commission has determined that the reorganization plan and other documents resolving the insolvency proceeding recognize the contributions of ratepayers, if any, and compensate them accordingly through mechanisms approved by the commission, which may include sharing of value appreciation.
(2)For a regional electrical corporation, it has voluntarily established a charge required by the commission pursuant to Section 3289. This charge shall be included on monthly bills for customers. Collections on that charge shall be remitted, on a monthly basis, to the administrator for deposit into the fund.
(3)Except as provided in subdivision (e), the electrical corporation has provided its initial contribution to the fund no later than September 10, 2019. Initial contributions shall not be recovered from the ratepayers of an electrical corporation, except Golden State Energy.
(c)Each participating electrical corporation shall make its annual contribution by January 1 of each calendar year, including, without limitation, any annual contributions for calendar years in which the electrical corporation, or another electrical corporation to which the electrical corporation is the successor, was not a participating electrical corporation. Annual contributions shall not be recovered from the ratepayers of an electrical corporation, except Golden State Energy.
(d)(1)The administrator may, and in the case of Golden State Energy shall, authorize an electrical corporation that is formed after July 12, 2019, to participate in the fund if the administrator determines that the electrical corporation meets the requirements of this section. Authorization of an electrical corporation that is formed after July 12, 2019, shall be effective as of a date determined by the administrator and shall apply to covered wildfires after the date of authorization.
(2)If Golden State Energy is the successor to Pacific Gas and Electric Company and Pacific Gas and Electric Company made its initial contribution and, if applicable, annual contributions to the fund, the administrator shall not require Golden State Energy to commit to making, or make, its own initial contribution, or annual contributions for a period for which Pacific Gas and Electric Company already made its annual contributions, in order to participate in the fund and the administrator shall authorize Golden State Energy to participate in the fund if Golden State Energy, within 15 days of closing of the acquisition of Pacific Gas and Electric Company, notifies the commission of its commitment to make annual contributions to the fund.
(e)An electrical corporation that is the subject of an insolvency proceeding on July 12, 2019, that wishes to participate in the fund shall (1) no later than July 27, 2019, provide written notification to the commission of its election to participate in the fund, and (2) no later than September 10, 2019, obtain approval from the bankruptcy court or a court of competent jurisdiction of its determination to pay, and approval of its payment of, the initial contribution and, as they become due, annual contributions to the fund, provided that the contributions shall not be due to the fund until the date the electrical corporation exits the insolvency proceeding. The electrical corporation shall not be entitled to seek payments from the fund pursuant to subdivision (f) until it has funded its initial contribution and has met the other conditions provided in subdivision (b). Participation of an electrical corporation that is the subject of an insolvency proceeding that satisfies the requirements of this subdivision shall be effective as of July 12, 2019, and shall apply to covered wildfires, provided that the fund shall not pay more than 40 percent of the allowed amount of a claim arising between July 12, 2019, and the date the electrical corporation exits bankruptcy, with the balance of those claims being addressed through the insolvency proceeding.
(f)(1)An electrical corporation meeting the applicable requirements of subdivision (b) may seek payment from the fund to satisfy settled or finally adjudicated eligible claims. Only eligible claims shall be made against or paid by the fund. In accordance with the procedures established by the administrator, the administrator shall review and approve any settlement of an eligible claim as being in the reasonable business judgment of the electrical corporation before releasing funds to the electrical corporation for payment. Settlements of subrogation claims that are less than or equal to 40 percent of total asserted claim value as determined by the administrator shall be paid unless the administrator finds that the exceptional facts and circumstances surrounding the underlying claim do not justify the electrical corporations exercise of such business judgment. To the extent approved by the administrator, a settlement shall not be subject to further review by the commission.
(2)The administrator shall approve a settlement of an eligible claim that is a subrogation claim if the settlement exceeds 40 percent of the total asserted claim value, as determined by the administrator, and includes a full release of the balance of the asserted claim so long as the administrator finds that the electrical corporation exercised its reasonable business judgment in determining to settle for a higher percentage or on different terms based on a determination that the specific facts and circumstances surrounding the underlying claim justify a higher settlement percentage or different terms. A subrogation claim that is finally adjudicated shall be paid in the full judgment amount.
(g)Except for Golden State Energy, all initial and annual contributions shall be excluded from the measurement of the authorized capital structure.
(h)(1)Except as provided in paragraph (2), within six months after the commission adopts a decision in an application filed pursuant to Section 1701.8, the electrical corporation shall reimburse the fund for the full amount of costs and expenses the commission determined were disallowed pursuant to Section 1701.8.
(2)(A)The obligation of an electrical corporation to reimburse the fund shall be the lesser amount of subparagraph (B) or (C).
(B)The costs and expenses determined not to be just and reasonable pursuant to Section 1701.8.
(C)The amount determined pursuant to clause (i) minus the amount determined pursuant to clause (ii).
(i)(I)Except as specified in subclause (II), for each electrical corporation, 20 percent of the electrical corporations total transmission and distribution equity rate base, including, but not limited to, its Federal Energy Regulatory Commission (FERC) assets, as determined by the administrator for the calendar year in which the disallowance occurred.
(II)For Golden State Energys first twelve months of participation in the fund, an amount equal to 20 percent of Pacific Gas and Electric Companys total transmission and distribution equity rate base, including, but not limited to, its Federal Energy Regulatory Commission assets, at the time of the closing of the acquisition of Pacific Gas and Electric Company, as determined by the commission. For Golden State Energys subsequent years of participation in the fund, an amount determined by the commission that is equivalent to the amount specified in subclause (I) for electrical corporations with an equity rate base.
(ii)The sum of (I) the amounts actually reimbursed to the fund for costs and expenses that were determined not to be just and reasonable pursuant to Section 1701.8 during the measurement period, added to (II) the amount of any reimbursements to the fund owed by the electrical corporation for costs and expenses disallowed during the measurement period that have not yet been paid.
(iii)For purposes of this subparagraph, measurement period means the period of three consecutive calendar years ending on December 31 of the year in which the calculation is being performed.
(D)The administrator shall publish calculations of the amounts determined pursuant to subparagraphs (B) and (C) on or before January 1 of each calendar year for each electrical corporation.
(E)Except as provided in paragraph (3), the electrical corporation shall not be required to reimburse the fund for any additional amounts in any three-calendar-year period.
(F)The limitation set forth in this section shall apply only so long as the fund has not been terminated pursuant to subdivision (i).
(3)Paragraph (2) does not apply under either of the following circumstances:
(A)If the administrator determines that the electrical corporations actions or inactions that resulted in the covered wildfire constituted conscious or willful disregard of the rights and safety of others. For purposes of this subparagraph, evidence that the electrical corporations actions were prudent shall include common sense best practices such as conducting annual audits and replacing equipment that has outlived its usable life pursuant to Section 8386.7, 8386.8, and deenergizing the electrical grid under threatening conditions.
(B)If the electrical corporation failed to maintain a valid safety certification on the date of the ignition.
(i)(1)The administrator shall, to the extent practicable, manage the fund to prioritize the use of electrical corporation contributions before the use of ratepayer contributions.
(2)The fund shall terminate when the administrator determines that the fund resources are exhausted, taking into account the amount of any unpaid liabilities including necessary reserves, any remaining unpaid annual contributions from participating electrical corporations, and the charges authorized pursuant to Section 3289. Upon the determination of the administrator that the fund shall be terminated, the administrator shall pay all remaining eligible claims and fund expenses, and liquidate any remaining assets. The remaining funds shall be transferred to the General Fund. It is the intent of the Legislature that any funds transferred to the General Fund pursuant to this paragraph shall be appropriated to support wildfire mitigation.
(j)Notwithstanding subdivision (f), a regional electrical corporations access to the fund to pay eligible claims shall be limited to three times the sum of the regional electrical corporations initial contribution and any funded annual contributions per covered wildfire.
SEC. 9.Section 8386.7 is added to the Public Utilities Code, to read:8386.7.SEC. 9.Section 8386.8 is added to the Public Utilities Code, to read:8386.8.(a)Each electrical corporation shall annually triennially contract with an independent and reputable third party to audit all of the electrical corporations equipment and electrical lines and identify any equipment or electrical lines that have outlived their useable life. reached their end-of-life. The audit shall be completed on or before June 30, 2026, and by June 30 of each year thereafter, and submitted to the commission on or before August 31 of each year. in alignment with the wildfire mitigation plan cycle described in subdivision (b) of Section 8386.
(b)(1)An electrical corporation shall replace equipment and electrical lines identified by the independent third-party auditor pursuant to an audit described in subdivision (a) that are located in a high fire risk area fire-threat district within five years of the audit.
(2)Equipment and electrical lines that are replaced pursuant to paragraph (1) shall be undergrounded. An electrical corporation shall not pass on the cost of undergrounding equipment pursuant to this paragraph to the ratepayers unless the commission determines that the electrical corporations earnings before interest and taxes for the previous year, multiplied by five as a basis for potential earnings before interest and taxes for the next five years, cannot fund the undergrounding work, in which case the commission shall determine what the minimal passthrough to ratepayers may be. ratepayers.
(3)If it is more cost effective effective, considering the need to minimize the risk of catastrophic wildfire as quickly as possible, and meets the overall electrical grid needs, an electrical corporation may shall install microgrid technology technology, or other wildfire mitigation alternatives, including covered conductors that conform to state and industry safety standards for electrical equipment, instead of replacing equipment and electrical lines pursuant to paragraph (1). An electrical corporation shall not pass on the costs of wildfire mitigation pursuant to this paragraph to ratepayers.
(c)(1)The commission shall assess a fine on an electrical corporation that fails to comply with this section, as follows:
(A)The commission shall assess a fine on an electrical corporation that fails to complete an annual audit pursuant to subdivision (a) in an amount equal to 1 percent of the electrical corporations gross revenue for the preceding year. For each subsequent year that an electrical corporation fails to complete an annual audit the fine amount shall be increased to an amount equal to 3 percent of the electrical corporations gross revenue for the preceding year.
(B)The commission shall assess a fine on an electrical corporation that fails to replace equipment pursuant to subdivision (b). The fine shall be, at minimum, the estimated cost of the replacement plus 10 percent, as determined by the third-party auditor.
(2)Fines collected pursuant to this subdivision shall be used to finance needed repairs. Any excess funds available after needed repairs may be transferred to a future maintenance and repair budget.
(d)For purposes of this section, the following definitions apply:
(1)End-of-life means the point when the equipment is no longer safe, reliable for use, or performing its intended function within established standards and specifications, and should be decommissioned or replaced.
(2)High fire-threat district has the same meaning as defined in Section 3280.
SEC. 10.Section 8388.5 of the Public Utilities Code is amended to read:8388.5.(a)The commission shall establish an expedited utility distribution infrastructure undergrounding program consistent with this section.(b)All large electrical corporations shall participate in the program.(c)In order to participate in the program, a large electrical corporation shall submit to the office a distribution infrastructure undergrounding plan that shall address or include, at minimum, all of the following components:(1)A 10-year plan for undergrounding distribution infrastructure.(2)Identification of the undergrounding projects that will be constructed as part of the program, including a means of prioritizing undergrounding projects based on wildfire risk reduction, public safety, cost efficiency, and reliability benefits. Only undergrounding projects located in tier 2 or 3 high fire-threat districts or rebuild areas may be considered and constructed as part of the program.(3)Timelines for the completion of identified and prioritized undergrounding projects, and unit cost targets and mileage completion targets for each year covered by the plan.(4)A comparison of undergrounding versus aboveground hardening of electrical infrastructure and wildfire mitigation for achieving comparable risk reduction, or any other alternative mitigation strategy, such as covered conductor and rapid earth fault current limiter devices, for those prioritized undergrounding projects, evaluating the scope, cost, extent, and risk reduction of each activity, separately and collectively, over the duration of the plan. The comparison shall emphasize risk reduction and include an analysis of the cost of each activity for reducing wildfire risk, separately and collectively, over the duration of the plan.(5)A plan for utility and contractor workforce development.(6)An evaluation of project costs, projected economic benefits over the life of the assets, and any cost containment assumptions, including the economies of scale necessary to reduce wildfire risk and mitigation costs and establish a sustainable supply chain.(d)Upon a large electrical corporation submitting a plan to the office, the office shall do both of the following:(1)Publish the plan for public comment.(2)Within nine months, review and approve or deny the plan. The office may only approve the plan if the large electrical corporation has shown that the plan will substantially increase electrical reliability by reducing the use of public safety power shutoffs, enhanced powerline safety settings, deenergization events, and any other outage programs, and substantially reduce the risk of wildfire. Before approving the plan, the office may require the large electrical corporation to modify the plan.(e)(1)Upon the office approving a plan pursuant to paragraph (2) of subdivision (d), the large electrical corporation shall, within 60 days, submit to the commission a copy of the plan and an application requesting review and conditional approval of the plans costs and including all of the following:(A)Any substantial improvements in safety risk and reduction in costs compared to other hardening and risk mitigation measures over the duration of the plan.(B)The cost targets, at a minimum, that result in feasible and attainable cost reductions as compared to the large electrical corporations historical undergrounding costs.(C)How the cost targets are expected to decline over time due to cost efficiencies and economies of scale.(D)A strategy for achieving cost reductions over time.(2)The assigned commissioner may waive the requirements of subdivisions (b), (d), (f), and (i) of Section 1701.3 for an application submitted to the commission pursuant to paragraph (1).(3)In reviewing an application submitted to the commission pursuant to paragraph (1), the commission shall consider not revisiting cost or mileage completion targets approved, or pending approval, in the electrical corporations general rate case or a commission-approved balancing account ratemaking mechanism for system hardening.(4)Upon the commission receiving an application pursuant to paragraph (1), the commission shall facilitate a public workshop for presentation of the plan and take public comment for at least 30 days.(5)On or before nine months, the commission shall review and approve or deny the application. Before approving the application, the commission may require the large electrical corporation to modify or modify and resubmit the application.(6)The commission shall consider continuing an existing commission-approved balancing account ratemaking mechanism for system hardening for the duration of a plan, as determined by the commission, and shall authorize recovery of recorded costs that are determined to be just and reasonable.(f)If the plan is approved by the office and commission, the large electrical corporation shall do all of the following:(1)Every six months, file a progress report with the office and the commission. The large electrical corporation and the office shall publish these progress reports on their internet websites.(2)Include ongoing work plans and progress in annual wildfire mitigation plan filings.(3)Hire an independent monitor, selected by the office, to review and assess the large electrical corporations compliance with its plan and submit a report with the office each December 1 over the course of the plan.(g)(1)In reviewing and assessing the large electrical corporations compliance with its plan pursuant to paragraph (3) of subdivision (f), the independent monitor shall assess whether the large electrical corporations progress on undergrounding work has been consistent with the objectives identified in its plan. The independent monitors report shall specify any failure, delays, or shortcomings of the large electrical corporation and provide recommendations for improvements to accomplish the objectives set forth in the plan.(2)The large electrical corporation shall have 180 days to correct and eliminate any deficiency specified in the independent monitors report.(3)On or before December 1 of each year the plan is in effect, the independent monitor shall submit the report to the office.(h)The office shall publish reports received pursuant to paragraph (3) of subdivision (g) on its internet website.(i)(1)The office shall consider the independent monitors report and whether the large electrical corporation has cured any deficiencies, and may recommend penalties to the commission.(2)The commission may assess penalties on a large electrical corporation that fails to substantially comply with a commission decision approving its plan.(j)Each large electrical corporation participating in the program shall apply for available federal, state, and other nonratepayer moneys throughout the duration of its approved undergrounding plan, and any moneys received as a result of those applications shall be used to reduce the programs costs on the large electrical corporations ratepayers.SEC. 11.SEC. 10.Section 8388.6 is added to the Public Utilities Code, to read:8388.6.After an emergency or disaster in which an electrical corporations electrical infrastructure was destroyed, if the electrical corporation shall rebuild rebuilds the destroyed electrical infrastructure using infrastructure, it shall use the most cost-effective wildfire mitigation strategies that conform to state and industry safety standards for electrical equipment and that minimize the risk of catastrophic wildfire as quickly as possible, including consideration of undergrounding and covered conductor methods, to the extent applicable. The cost of undergrounding undergrounding, installing covered conductors, or other more cost-effective wildfire mitigation strategies for electrical infrastructure pursuant to this section shall not be recovered from ratepayers.
SEC. 12.SEC. 11.Chapter 10 (commencing with Section 8450) is added to Division 4.1 of the Public Utilities Code, to read:10.Utility Service Disconnections8450.The Legislature finds and declares all of the following:
(a)Access to electricity and heating services is a human right that no one should be deprived of due to an inability to pay.
(b)Electricity is essential to the health, safety, and welfare of the people of this state and to the states economy.
(c)It is the responsibility of state government to ensure that a reliable supply of electricity is maintained at a level consistent with the need for the electricity to protect public health and safety, promote the general welfare, and protect environmental quality.
(d)Gas and electrical service shutoffs threaten the health of infants, children, the elderly, low-income families, communities of color, people for whom English is a second language, physically disabled persons, and persons with life-threatening medical conditions.
(e)Section 779.3 of the Public Utilities Code prohibits a gas or electrical corporation from disconnecting service for nonpayment by a residential customer receiving a medical baseline allowance when the customer or a member of the customers household is under hospice care at home, depends upon life-support equipment, or has a life-threatening condition or illness.
(f)Public Utilities Commission Decision 20-06-003 (June 16, 2020), Phase I Decision Adopting Rules and Policy Changes to Reduce Residential Customer Disconnections for the Larger California-Jurisdictional Energy Utilities, prohibits large investor-owned utilities from doing both of the following:
(1)Disconnecting residential customers when temperatures above 100 degrees or below 32 degrees are forecasted based on a 72-hour look-ahead period.
(2)Disconnecting residential customers who currently have Low-Income Home Energy Assistance Program pledges pending.
(g)In response to the COVID-19 pandemic, Public Utilities Commission Resolution M-4842 (April 17, 2020), Emergency Authorization and Order Directing Utilities to Implement Emergency Customer Protections to Support California Customers During the COVID-19 Pandemic, required electrical and gas utilities to suspend disconnection for nonpayment, commonly known as the COVID-19 disconnection moratorium.
(h)The COVID-19 disconnection moratorium ended in September 2021, but California investor-owned utilities began disconnecting their customers for nonpayment in August 2022.
(i)From August 2022 to August 2024, Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas and Electric Company collectively disconnected their customers for nonpayment 412,787 times.
(j)From August 2022 to August 2024, Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas and Electric Company also compensated their shareholders with $7,620,000,000 in dividends. During that period, the estimated cost to prevent all residential shutoffs for nonpayment was seventy-seven hundredths of 1 percent of that compensation to shareholders.
8451.For purposes of this chapter, the following definitions apply:
(a)Adult means a person 18 years of age or older.
(b)Economic unit means all adults contributing to and sharing in the income and expenses of a household.
(c)Electrical corporation has the same meaning as defined in Section 218.
(d)Gas corporation has the same meaning as defined in Section 222.
(e)Household means a residential address shared by a group of adults, including the utility customer, and children who are living together at that address as one economic unit. A household may contain related and unrelated persons. If an adult has no, or minimal, income and lives with an adult who provides financial support to that adult, both adults are part of the same household. A child under 18 years of age and living with a parent or guardian is part of the same household as the parent or guardian.
(f)Local publicly owned electric utility has the same meaning as defined in Section 224.3.
(g)Residential service means the provision of electrical or natural gas service to a residential connection at a single-family residence, a multifamily residence, a mobilehome, including, but not limited to, a mobilehome in a mobilehome park, or farmworker housing.
(h)Utility means an electrical corporation, local publicly owned electric utility, gas corporation, or local publicly owned gas utility.
8452.(a)A utility shall not disconnect a customers residential service for nonpayment if the customers household is the residence of any of the following persons:
(1)A child five years of age or younger, regardless of the customers relationship with the child.
(2)A person 65 years of age or older.
(3)A person with a disability, consistent with subdivision (d).
(4)A person with a medical condition, consistent with subdivision (d).
(5)A person who is pregnant or 0 to 12 weeks postpartum, consistent with subdivision (e).
(b)(1)A utility shall not disconnect a customers residential service for nonpayment if the customer has a household income at or below 200 percent of the federal poverty line.
(2)For purposes of paragraph (1), a utility shall deem a residential customer to have a household income below 200 percent of the federal poverty line if any member of the household is a current recipient of a benefit or discount pursuant to one or more of the following programs, or if the customer declares that the households annual income is less than 200 percent of the federal poverty level:
(A)The California Alternative Rates for Energy (CARE) program, as described in Section 739.1.
(B)The CalWORKS program, as described in Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code.
(C)CalFresh, as described in Section 18900.2 of the Welfare and Institutions Code.
(D)General assistance, as described in Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code.
(E)Medi-Cal, as described in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(F)Federal Supplemental Security Income, as described in Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.).
(G)The State Supplementary Payment Program, as described in Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(H)The California Special Supplemental Nutrition Program for Women, Infants, and Children, as described in Section 123280 of the Health and Safety Code.
(3)For purposes of paragraph (2), a utility shall provide a customer with the ability to confirm eligibility for enrollment through a request for self-certification of eligibility under penalty of perjury.
(c)On and after January 1, 2026, each electrical corporation and gas corporation shall automatically reconnect all households that are eligible for protection under subdivision (a) or (b) that had their residential service disconnected due to nonpayment.
(d)(1)(A)In order for the prohibition described in paragraph (3) or (4) of subdivision (a) to apply to a customers residential service, the customer, or a member of the customers household, shall notify the utility that the prohibition applies. The customer, or a member of the customers household, shall verify the prohibitions applicability by submitting to the utility, within three weeks after their latest disconnection notice, a certification from a primary care provider that the discontinuation of residential service will be life threatening to, aggravate an existing medical condition of, or pose a serious threat to the health and safety of, a resident of the household where the residential service is provided. Upon receipt of the certification and while verifying the certification, the utility shall not disconnect the customers service or the service of a member of the customers household.
(B)Each electrical corporation and gas corporation shall create a certification form that states the eligibility requirements that apply to this chapter and that does not request the identification of the specific category that applies.
(2)Notwithstanding paragraph (1), the customer, or a member of the customers household, may automatically establish the applicability of the prohibitions described in paragraphs (3) or (4) of subdivision (a) without submitting a certification from a primary care provider if the customer, or member of the customers household, participates in the Medical Baseline Program.
(e)If a customer, or a member of the customers household, is protected from disconnections pursuant to paragraph (5) of subdivision (a), the customer or member shall submit to the utility the certification of a primary care provider that the customer or member is pregnant or postpartum.
(f)Local publicly owned electric or gas utilities shall revise their policies that mitigate utility shutoffs for nonpayment to be at least as protective of the vulnerable customer groups listed in subdivision (a) as required by this section. If the local publicly owned electric or gas utility does not have an policy that mitigates shutoffs for nonpayment for a vulnerable customer group listed in subdivision (a), the local publicly owned electric or gas utility shall establish a policy for that vulnerable customer group as required by this section.
8453.(a)Each utility shall notify its residential customers of the prohibitions described in subdivisions (a) and (b) of Section 8452 by doing all of the following:
(1)Posting the prohibitions in a publicly available location on the utilitys internet website, if the utility has an internet website.
(2)Providing the prohibitions, in writing, to the utilitys residential customers at least twice per year, including before the onset of the summer and winter seasons.
(3)Including the prohibitions on each residential customers utility bill.
(4)Including the prohibitions on each new residential customers first utility bill.
(b)All written notices required pursuant to subdivision (a) shall be provided in English, the languages listed in Section 1632 of the Civil Code, and any other language spoken by 10 percent or more of the customers in the utilitys service area.
(c)Each utility that has an internet website shall create an online reporting system available through its internet website that enables its residential customers to report when their residential service has been disconnected in violation of subdivision (a) or (b) of Section 8452. The utility shall promptly respond to reports filed through its online reporting system and shall disclose a violation to the commission.
8454.(a)A utility shall offer a residential customer who meets the requirements of subdivision (a) or (b) of Section 8452 a payment plan for the customers electricity or gas service that is provided by the utility, including a percentage of income payment plan, as authorized by the commission in commission Decision 21-10-012 (October 11, 2021), Decision Authorizing Percentage of Income Payment Plan Pilot Programs, in which customers are subject to a monthly bill cap set at a percentage of household income not to exceed 4 percent of household income or one-twelfth of the combined amount of the customers electricity and gas bills immediately before the customers enrollment in the payment plan required to be offered by the utility pursuant to this section, whichever is lower.
(b)A residential customer subject to the payment plan shall not be financially responsible for any costs of providing electrical service or gas service exceeding the customers payment plan amount.
(c)A utility subject to the disconnection prohibition described in Section 8452 shall be subject to both of the following provisions:
(1)The utility shall not disconnect a residential customer described in subdivision (a) or (b) of Section 8452 due to lack of participation in a payment plan described in subdivision (a).
(2)The utility may report to a credit reporting agency that a customers outstanding balances are delinquent only if the customer declines to participate in a payment plan or fails to pay in full the amounts due under a payment plan on three separate occasions during the terms of a payment plan described in this section or another payment plan offered by the utility.
8455.(a)The commission shall establish a citation program to impose a penalty on an electrical corporation or gas corporation that violates Section 8452.
(b)(1)The commission may bring an action in state court for equitable relief regarding an electrical corporations or gas corporations use of a method, act, or practice inconsistent with this chapter.
(2)A customer, or a member of the customers household, may bring an action in state court for equitable relief regarding a utilitys or community choice aggregators use of a method, act, or practice inconsistent with this chapter.
8456.(a)(1)Each utility providing electrical service or gas service, or both, to residential customers shall collect and submit to the commission monthly data on electrical and gas service terminations, reconnections, bill assistance and payment agreements, arrears, and created and broken payment plans.
(2)When collecting and submitting to the commission the monthly data described in paragraph (1), those utilities shall do both of the following:
(A)Use metrics that replicate the data provided in the monthly disconnect data reports authorized by the commission pursuant to commission Decision 18-12-013 (December 13, 2018), Decision Adopting Interim Rules to Reduce Residential Customer Disconnections for California-Jurisdictional Energy Utilities.
(B)Aggregate electrical and gas service termination and reconnection data by ZIP Code, similar to the monthly disconnect data reports authorized by the commission pursuant to commission Decision 18-12-013 (December 13, 2018), Decision Adopting Interim Rules to Reduce Residential Customer Disconnections for California-Jurisdictional Energy Utilities.
(b)The commission shall either include the data as monthly filings in commission Rulemaking 18-07-005 (July 12, 2018), Order Instituting Rulemaking to Consider New Approaches to Disconnections and Reconnections to Improve Energy Access and Contain Costs, or create a new page on the commissions internet website that clearly collects and presents all of the data submitted to the commission pursuant to this section.
8457.(a)This chapter does not apply to utility actions related to wildfire prevention or other safety measures, including public safety power shutoffs or deenergization events.
(b)This chapter does not apply to unintentional service disruptions or outages.
SEC. 13.SEC. 12.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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.
This act shall be known, and may be cited, as the Investor-Owned Utilities Accountability Act.
SEC. 2.The Legislature finds and declares all of the following:
(a)Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE), San Diego Gas and Electric Company (SDG&E), and SoCalGas, which have collectively exercised their monopoly over California ratepayers for over 100 years, have lost the trust of the people of California due to their crushingly high rates, exorbitant payouts to executives and shareholders, reckless endangerment of life and property, and excessive spending with the goal of generating profits rather than providing an essential service.
(b)Rates are higher in investor-owned utility (IOU) service territories across California than in not-for-profit utilities, including municipal utilities, rural electric cooperatives, and tribal utilities, which has resulted in working class and low-income people paying higher rates. On average, California IOU electricity rates are more than 50 percent higher than rates charged by publicly owned utilities. For IOU customers in California, rates have increased nearly 50 percent over the past three years.
(c)Under the current system, most distribution and transmission infrastructure is financed by IOUs and paid for by utility ratepayers. Ratepayers also pay for a rate of return for the IOUs for each project, which can average close to 10 percent. This guaranteed return on investment rate creates a significant and increasingly unsustainable burden on ratepayers as more unnecessary transmission lines are constructed. This can result in unnecessary rate hikes for consumers, as capital expenses can be overestimated and overspent to increase profits. As an example, in the 2023 General Rate Case, PG&E admitted that they overestimated the actual cost of infrastructure needed by $3 billion. Despite electricity demand remaining stable, executive compensation, infrastructure spending, and customer rates continue to increase. While utilities submit new rate increase proposals on a roughly three- to four-year cycle to the Public Utilities Commission, they can also submit annual increases and emergency supplements. The compounding effect and increased frequency of these rate increases, largely related to wildfire emergencies, have unfairly burdened California residents. Specifically, from January 2021 to October 2024, inclusive, PG&E residential rates increased by 56 percent, SCE rates increased by 48 percent, and SDG&E rates increased by 21 percent.
(d)These increasing rate hikes and record profits are a function of the IOUs being unwilling to adequately serve their ratepayers through affordable utility rates. One in five households served by the states largest IOUs are in utility debt. From August 2022 to August 2024, inclusive, PG&E, SCE, and SDG&E also compensated their shareholders with $7.62 billion in dividends. During that period, the estimated cost to prevent all residential shutoffs for nonpayment was seventy-seven one hundredths of 1 percent of that compensation to shareholders.
(e)The IOUs have caused some of Californias most destructive wildfires. PG&E is responsible for more than 30 wildfires since 2017 that have destroyed more than 23,000 homes and businesses and killed more than 100 people. These fires include the 2017 Tubbs Fire, the 2018 Camp Fire, the 2019 Kincade Fire, the 2020 Zogg Fire, and the 2021 Dixie Fire. SCE was found responsible for burning more than 385,000 acres, destroying thousands of structures, and causing five deaths in the 2017 Rye Fire, the 2017 Meyers Fire, the 2017 Liberty Fire, the 2017 Thomas Fire, and the 2018 Woolsey Fire. In 2007, SDG&E caused three fires, the Witch Fire, the Guejito Fire, and the Rice Fire, burning 207,000 acres, killing two people, destroying 1,141 homes. Assembly Bill 1054 (Chapter 79 of the Statutes of 2019) established a wildfire insurance fund of $21 billion, all passed onto ratepayer bills, directly and indirectly.
(f)Past and present experience demonstrates that the IOUs prioritize profits over the safety and well-being of the ratepayers and residents of California, and thus, to support public necessity and public purpose, must be replaced with a well-researched and structured successor entity that focuses on the needs of ratepayers, workers, fire survivors, and community members instead of shareholders.
(g)The State of California created the not-for-profit public benefit corporation, Golden State Energy, designated as a receiver for PG&Es assets, through passing Senate Bill 350 (Chapter 27 of the Statutes of 2020) for the purpose of owning, controlling, operating, or managing electrical and gas services for its ratepayers, for the benefit of all Californians if PG&E were to lose its business license in a six-step accountability process overseen by the Public Utilities Commission. At that time, PG&E was in bankruptcy due to an untenable amount of liabilities for wildfires caused by its equipment. Senate Bill 350 created a successor in name only and was never in a position to receive PG&E assets. This bill builds on Senate Bill 350 by authorizing an in-depth unbiased study by a neutral third party to assess the practical, financial, legal, regulatory, labor, and technical aspects of a smooth and just transition away from the IOU model to one that prioritizes the needs of the people and ecology of the State of California.
SEC. 3.Chapter 3.5 (commencing with Section 25250) is added to Division 15 of the Public Resources Code, to read:3.5.Investor-Owned Utility Transition Feasibility Study25250.For purposes of this chapter, the following definitions apply:
(a)Clean energy investments, incentives, and ownership refers to the levels of private investment or public incentives in energy resources eligible under the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code), and the entities that provided the investment or incentives and own the resources.
(b)Critical minerals means those minerals specified by the United States Geological Survey as essential to the economic or national security of the United States, have a supply chain that is vulnerable to disruption, and serve an essential function in the manufacturing of a product, the absence of which would have significant consequences for the economic or national security of the United States. Critical minerals do not include fuel minerals, water, ice, or snow, or common varieties of sand, gravel, stone, pumice, cinders, or clay.
(c)Disadvantaged communities advisory group means the disadvantaged communities advisory group established pursuant to subdivision (g) of Section 400 of the Public Utilities Code.
(d)Disadvantaged community means a community identified pursuant to Section 39711 of the Health and Safety Code.
(e)Distributed energy resources means distributed renewable generation resources, energy efficiency, energy storage, electric vehicles, and demand response technologies.
(f)Endangered species means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease.
(g)Energy burden means the expense of energy expenditures relative to overall household income.
(h)Energy justice means the goal of achieving equity in both the social and economic participation in the energy systems, while also remediating social, economic, and health burdens on those historically harmed by the energy system, including disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(i)Equity, just, and justice mean the goal of creating systems, organizations, and societies that are fair and just, recognizing where disadvantages and barriers exist, and allocating resources and support to ensure equal access and opportunity for all populations.
(j)Investor-owned utilities or IOUs means all of the following:
(1)Pacific Gas and Electric Company, PG&E Corporation, any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of electrical or gas service within Pacific Gas and Electric Companys service territory, and any successor to any of the foregoing.
(2)Southern California Edison, SCE, any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of electrical or gas service within Southern California Edisons service territory, and any successor to any of the foregoing.
(3)Southern California Gas, a subsidiary of Sempra, SoCal Gas, and any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of gas service within Southern California Gas service territory, and any successor to any of the foregoing.
(4)San Diego Gas and Electric, a subsidiary of Sempra, SDG&E, and any subsidiary or affiliate of either of the foregoing that holds any assets related to the provision of electrical or gas service within San Diego Gas and Electrics service territory, and any successor to any of the foregoing.
(k)Just transition means a framework for a fair shift to an economy that is ecologically sustainable, equitable, and just for all its members.
(l)Low-income means at or below 80 percent of the state median income.
(m)Microgrid means an interconnected system of loads and energy resources, including, but not limited to, distributed energy resources, energy storage, demand response tools, or other management, forecasting, and analytical tools, appropriately sized to meet customer needs, within a clearly defined electrical boundary that can act as a single, controllable entity, and can connect to, disconnect from, or run in parallel with larger portions of the electrical grid, or can be managed and isolated to withstand larger disturbances and maintain electrical supply to connected critical infrastructure.
(n)Study team means one or more qualified organizations, public institutions, or consulting firms that is awarded the request for proposal to develop the study pursuant to Section 25251.
(o)Successor entity means a public entity, public benefit corporation, or mutual benefit corporation.
25251.(a)The commission, on or before March 31, 2026, based on the scoring evaluation developed and conducted by the Disadvantaged Communities Advisory Group, and in coordination with the public advisor and the Public Utilities Commission, shall issue a request for proposals for a team to develop a study to do all of the following:
(1)Consistent with Section 25254, conduct a historical energy justice assessment of the IOUs operations and impacts on California residents, wildlife, and ecologies, with a focus on disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(2)Consistent with Section 25255, complete a comparative analysis of the benefits and challenges of transitioning the IOUs to a successor entity in order to identify a recommended model, assess the feasibility of transitioning the IOUs to a successor entity, and identify priority just design features for the successor entity, with the goal of serving the public interest and necessity of the people and ecologies of California.
(3)Consistent with Section 25257, if the study, as approved by the commission, finds that it is in the best long-term interests of the people and ecologies of California to transition away from the investor-owned utility model, create a justice-centered implementation plan for managing the transition, including all appropriate mechanisms and any statutory changes that may be required.
(b)The request for proposals shall seek applications that contain one or more organizations, public universities, or consultants with a demonstrated commitment to working with disadvantaged communities, and include partnership with the Disadvantaged Communities Advisory Group, and one or more community-based organizations that have supported the formation of Golden State Energy.
(c)Organization qualifications shall include all of the following:
(1)An eligible organization or consultant shall not have received more than one-half their income in the last three years from or for investor-owned utilities. An organization or consultant that has more than 10 percent of their work from any investor-owned utilities in California shall be required to set up appropriate safeguards to prevent conflicts of interest in the study analysis. An eligible institution, department, or principle investigator within a university shall not have received more than 10 percent of their funding in the past five years from investor owned utilities.
(2)An eligible organization or consultant team shall demonstrate:
(A)Through references from at least three jurisdictions, experience in policy, finance, grid design, and structural redesign work performed for jurisdictions with a population size of at least 1,000,000 people or a geographic area of 500 square miles.
(B)Through case studies of prior work, demonstrated ability to fairly engage and integrate multiple stakeholder perspectives involved in or impacted by renewable energy generation, distribution, or transmission systems.
(C)A clear record of research that indicates knowledge of, and engagement with, multiple utility ownership models, including both municipal and investor owned utilities.
(D)A clear record of research that demonstrates an understanding of the energy justice and distributional impacts of current energy systems and protocols across the utility system.
(d)On or before June 30, 2026, the commission, based on scoring developed and conducted by the Disadvantaged Communities Advisory Group, and with supporting resources and recommendations from the Public Utilities Commission, shall select the team with the highest score that meets the qualifications outlined in subdivision (c) and demonstrates their ability to meet study objectives outlined in subdivision (a) and Sections 25254, 25255, and 25257 as the study team.
(e)The commission shall hold a public proceeding and submit a report of the study teams findings and recommendations, including any statutory changes that may be required, to the Legislature, in compliance with Section 9795 of the Government Code, no later than 24 months after selecting the study team for the feasibility portion of the study, and no later than 36 months after selecting the study team for the implementation plan portion of the study.
25252.(a)The commission shall require the study team to select and convene an advisory council, with recommendations from the Disadvantaged Communities Advisory Group, by December 31, 2026, to participate in the study of the vision for a new energy system as outlined in Section 25255. The advisory council shall review and provide recommendations on the initial scope of the study and implementation plan and on all preliminary and final drafts. Comments and recommendations from the advisory council that are not incorporated by the study team shall be included as an addendum to the study.
(b)(1)The advisory council shall be drawn from diverse backgrounds to represent interests of disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes throughout the IOUs service territories and represent geographically diverse areas of California and consist of at least 13 members who collectively represent the following lived experiences and subject matter expertise:
(A)Tribal utilities.
(B)Community choice aggregation.
(C)Low-income residential ratepayer advocacy.
(D)Equitable rate design and utility cost allocation.
(E)Environmental justice, energy justice, or utility justice issues.
(F)Racial and economic justice.
(G)Survivors of IOU-caused wildfires.
(H)Disability rights.
(I)Federally recognized California Indian tribes.
(J)Nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(K)Labor unions representing utility workers.
(L)Inclusive workforce development.
(M)Deep knowledge of distributed energy resources and grid architecture.
(2)Members of the advisory council shall not be current or previous employees, or current contractors, of an electrical corporation, as defined in Section 218 of the Public Utilities Code.
(c)Members of the advisory council shall be entitled to per diem compensation and reimbursement of expenses for meetings, upon appropriation by the Legislature.
25253.(a)For purposes of carrying out this chapter, the study team may do all of the following:
(1)Consult with any stakeholders as needed or appropriate.
(2)Request the production of books, records, correspondence, figures, charts, memoranda, papers, and documents, and other relevant materials of any nature from the commission, the Public Utilities Commission, and the IOUs.
(b)For purposes of carrying out this chapter, the study team shall do all of the following:
(1)Collaborate with the advisory council and the commission, through the Public Advocates Office, to host a minimum of four public hearings in geographically diverse regions of the IOUs service territories and during a variety of times to accommodate different work schedules.
(2)In its specific findings, clarify all assumptions for findings and include citations to the original data or source for those assumptions.
(c)A member of the study team may, if authorized by the prime consultant, take any action that the overall consultant team is authorized to take pursuant to this section.
(d)On behalf of the commission, the study team may acquire directly from the head of a state agency available information that they consider useful in fulfilling their deliverables. All state agencies shall cooperate with the commission on behalf of the study team with respect to such information and shall furnish all information requested by the study team to the extent permitted by law. The study team shall keep confidential any information received from a state agency that is confidential or exempt from the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) or subject to a nondisclosure agreement.
(e)As consultants to the commission, the study team shall have the administrative, technical, and legal assistance of the Department of Justice, the commission, the Public Utilities Commission, and the State Air Resources Board.
(f)The study team may procure supplies and services by contract in accordance with applicable laws and rules.
(g)The study team may enter into subcontracts for purposes of conducting research or surveys, preparing reports, and performing other activities necessary for the fulfillment of their research deliverables with state departments, agencies, and other instrumentalities of the state, federal departments, agencies, and other federal instrumentalities, and private entities. Subcontractors shall also meet the qualifications outlined in paragraph (1) of subdivision (c) of Section 25251.
(h)For purposes of carrying out this chapter, the commission, through the Public Advocates Office, may do all of the following in service of completion of deliverables for the contract:
(1)Hold hearings and sit and act at any time and location in California.
(2)Consult with any issueholders as deemed necessary to achieve the objectives of this chapter.
(3)Request the attendance and testimony of witnesses.
(4)Seek an order from a superior court compelling testimony or compliance with a subpoena, including from the IOUs executive leadership.
25254.The historical energy justice assessment component of the study described in Section 25251 shall assess the IOUs historical and ongoing operations and impacts on California residents, wildlife, and ecologies, with a focus on impacts to disadvantaged communities, low-income communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission, broken down by ZIP Code, income, race, age, and other relevant demographics. The assessment shall include, but is not limited to, all of the following:
(a)An assessment and quantification of the distribution of health harms and reduced lifespans resulting from wildfires, polluting energy generation facilities, and infrastructure.
(b)An assessment and quantification of the economic distribution of clean energy investments, incentives, and ownership.
(c)An assessment of the impacts of rate increases and the extent and distribution of energy burdens based on historical rates.
(d)An assessment of the distribution and quantity of utility disconnections, including disconnections due to lack of payment and public safety power shutoffs.
(e)An assessment of the emotional, economic, ecological, and safety-related impacts from disasters caused by the IOUs, including, but not limited to, wildfires, pipeline explosions, power shutoffs, deenergization events, and the potential health impacts and lifespan reductions from those impacts.
(f)An assessment of the pollution and other ecological impacts from energy generating infrastructure and the potential health impacts and lifespan reductions from those impacts.
(g)An assessment of the extent and distribution of delayed or lack of provision of electricity and gas service and hookups.
(h)An assessment of the liability incurred by, and during, the IOUs ownership, including specifying the portion of risks and liabilities likely to be transferred to a successor entity.
(i)A quantification of the IOUs current tax obligations to the state.
(j)An assessment of lands taken or received that were previously owned and stewarded by federally recognized California Indian tribes and nonfederally recognized California Native American tribes that are on the list maintained by the Native American Heritage Commission.
(k)An assessment of the IOUs historical and ongoing impacts on California wildlife, endangered species, and ecologies.
(l)An assessment and audit of the IOUs capital expenditures and operating expenses to identify the cost-effectiveness of infrastructure investments.
25255.(a)The comparative analysis of the benefits and challenges component of transitioning the IOUs to a recommended successor entity portion of the study described in paragraph (2) of subdivision (a) of Section 25251 shall provide a comparative assessment of transitioning the IOUs to either a public entity, nonprofit public benefit corporation, or mutual benefit corporation, assess the overall feasibility of transitioning the IOUs to a successor entity, and identify priority energy just design features for a successor entity.
(b)The comparative analysis shall comprise all of the following:
(1)An assessment of all legal, economic, financial, governance, and other relevant aspects of the ownership types required to successfully transition the assets and operations of the IOUs to a nonprofit public benefit corporation, such as Golden State Energy, a mutual benefit corporation, or a publicly owned electric utility, which may be in existence or yet to be formed.
(2)An assessment of whether there are any structural limitations or advantages of each ownership type relative to the successor entitys ability to serve the people of California and to achieving the following policy objectives:
(A)A demonstrable reduction in electricity costs for customers over a 30-year period, with a focus on increasing energy bill affordability for low-income communities, disadvantaged communities, and federally recognized California Indian tribes and nonfederally recognized California Native American tribes, ensuring electricity costs are less than 3 percent of household income.
(B)Increased opportunity for labor benefits through maintaining pensions and increasing benefits for workers, increasing good union jobs and inclusive workforce development in the region.
(C)Increased public accountability, trust, and transparency in governing structures, financial spending, maintenance, and infrastructure decisions.
(c)The feasibility assessment shall include all of the following:
(1)Identification of legal and regulatory issues, and recommendations for addressing these issues, that might arise from transitioning the assets and operations of the IOUs and their respective operations as described in this chapter, and post-transition, in order to do all of the following:
(A)Maintain the authority for the establishment of municipal utility districts, rural electric cooperatives, and tribal utilities, and ensure the successor entity cooperates with other public entities.
(B)Safeguard or strengthen the worker and labor benefits, including union protections, during and after the transition period, and provide for workers rights and a just transition for workers impacted by the decommissioning of unsafe, polluting infrastructure.
(C)By no later than 2032, safely decommission generation, transmission, and piping infrastructure transferred to the successor entity that is unsafe and polluting, prioritizing infrastructure that is causing disproportionate harms in disadvantaged communities, low-income communities, federally recognized California Indian tribes, or nonfederally recognized California Native American tribes.
(D)Manage future wildfire liability.
(E)Equitably decommission gas infrastructure and transition towards electrification, prioritizing the decommissioning of gas powerplants in disadvantaged communities and replacement with community-owned distributed energy resources without unduly burdening ratepayers, especially low-income or disadvantaged ratepayers, with associated costs.
(2)A preliminary evaluation of the long-term costs and benefits over at least a 30-year horizon of a transfer in ownership to a successor entity, including an assumption for clean energy, electrification, and grid investments at a pace in accordance with state climate goals. This evaluation shall incorporate all of the following:
(A)The potential for securitization of debt, including consideration of tax-exempt bonding for municipal utilities.
(B)Consideration of the portion of utility capital expenses paid for by ratepayer contributions.
(C)Application of all legally claimed depreciation of assets by the IOUs.
(D)Equitable finance and revenue sources that may be available to the successor entity for its operational needs, including for purchase, maintenance, and upgrades, with information regarding all of the following:
(i)Mechanisms to support the creditworthiness of the successor entity during the early years of operation.
(ii)Access to bonds.
(iii)Long-term opportunities for public financing.
(iv)Ability to leverage federal funding in the form of elective pay, as outlined in the Inflation Reduction Act of 2022 (Public Law 117-169).
(v)Options for revenue collected from rates and other financial resources.
(3)A thorough consideration of which IOU assets should be prioritized for transfer and a timeline for those transfers, including all of the following:
(A)The merits or risks of splitting ownership of the IOUs distribution infrastructure, transmission infrastructure, program administration, generation, and retail energy services.
(B)The merits or risks of splitting ownership of the IOUs electrical and gas infrastructure.
(C)The merits or risks of splitting ownership by geographic territory.
(D)A full consideration of which assets to prioritize for transfer and a timeline for those transfers, including consideration of grid architectures that maximize distributed energy resources and future needs for distribution system operator infrastructure.
(E)An evaluation of potential benefits, if any, that may be realized by separating the ownership and operation of the electrical distribution system for future distribution system operator models.
(d)The identification of just design features for a successor entity and the mechanisms to realize them shall include, but not be limited to, all of the following:
(1)The acknowledgment, rectification, and repair of prior harms, as found in the historical energy justice assessment pursuant to Section 25254.
(2)Increasing social equity, electrical system reliability and performance, ecological sustainability, and climate resilience, including the ability to adapt to adverse climate-related weather disasters and other economic, social, and infrastructural crises.
(3)Minimizing environmental health harms in the region and in homes.
(4)Enhancing stewardship of finite resources and fragile ecologies through reducing the need for future large scale buildout, land clearing, or installation of ecologically disruptive energy generation, transmission, and distribution assets, and minimizing extraction of critical minerals.
(5)Focusing on disadvantaged communities, low-income communities, federally recognized California Indian tribes, and nonfederally recognized California Native American tribes in decisionmaking processes.
(6)Creating innovative participatory governance and accountability structures that enable community members, including low-income members and users with disabilities, to meaningfully impact the priorities of the successor entity.
(7)Adopting mechanisms for sustained public engagement and transparency that holds the successor entity accountable to its mission to serve the communitys well-being.
(8)Creating alternative mechanisms to utility disconnections to cover nonpayment by customers.
(9)Including nonenergy impacts, social costs and benefits, health impacts, and more equitable climate outcomes in evaluating cost-effectiveness and decisionmaking.
(10)Creating governance of the successor entity in a manner that maximizes public participation and energy democracy, including all of the following:
(A)Whether members of the board of directors of the successor entity should be appointed pursuant to Part 2 (commencing with Section 3420) of Division 1.7 of the Public Utilities Code, elected by the customers of the successor entity, or a combination of appointees and elected members, and what type of expertise or experience should be represented.
(B)Term limits for members of the board of directors.
(C)Size and representation of the board of directors.
(D)Involvement of, and robust funding of, technical assistance mechanisms to support community-based organizations in contributing to the decisions of the board of directors.
(E)Adequate full-time staffing needs for the board of directors.
(11)Requirements on the operations of the successor entity, including on all of the following:
(A)Data collection by the successor entity and the public availability of collected data.
(B)Public engagement and transparency, including all of the following:
(i)Public engagement timelines and processes for rate cases, budget planning, and other policy and program approvals.
(ii)Public meetings, notices, and comment periods.
(iii)Relationships with local government, including reporting and communication requirements on projects undertaken by the successor entity with defined local economic benefits.
25256.(a)Upon completion of the study components described in Sections 25254 and 25255, the study team, in consultation with the advisory council, consistent with Section 25252, shall recommend a particular successor entity ownership type to the commission for further feasibility review and implementation considerations.
(b)On or before September 30, 2028, the commission, through a public process, shall vote to approve the study and recommended a particular successor entity ownership type based on a rubric comparing each of the successor entity ownership types to the incumbent IOU model using the following criteria:
(1)Long-term affordability for the state and for ratepayers.
(2)Safety.
(3)Reliability.
(4)Climate resilience.
(5)Local economic benefits.
(6)Health impacts.
(7)Energy justice.
25257.(a)If the study, as approved by the commission, finds that it is in the best long-term interests of the people and ecologies of California to transition away from the investor-owned utility model, the study team shall begin work to create a justice-centered implementation plan, as described in paragraph (3) of subdivision (a) of Section 25251, to outline a timeline and transition process to the successor entity, including recommendations for which branches of government or agencies should be responsible and coordinate with which portions of the public to ensure the transition fairly minimizes burdens and unintended consequences and fairly maximizes benefits in service of the public interest and necessity.
(b)The implementation plan shall identify all appropriate implementation mechanisms, including statutory changes that may be required, recommendations for specific bylaws, operating procedures, governance structures, or otherwise to ensure the successor entity is structured, operationalized, and has the proper authority and mandate to ensure more just outcomes, based in part on findings pursuant to Sections 25254 and 25255.
(c)The implementation plan shall additionally do all of the following:
(1)Recommend mechanisms to fairly set the acquisition cost and valuation in as legally defensible and timely manner as possible, with the goal of avoiding lengthy periods of litigation over the acquisition cost.
(2)Recommend an appropriate regulatory structure to clearly delineate the relationship between the Public Utilities Commission and the successor entity, including consideration of an independent oversight body for the successor entity.
(3)Provide for community benefit agreements and other local economic benefit and cost savings to the maximum extent possible for new infrastructure investments and maintenance, prioritizing clean distributed energy resources.
(d)The commission, through a public process, shall vote to approve the implementation plan on or before October 31, 2029.
SEC. 4.Section 706.5 is added to the Public Utilities Code, to read:706.5.(a)On or before April 1, 2026, each electrical corporation shall submit a proposed executive compensation structure to the commission that is structured to promote safety as a priority and to ensure public safety through performance metrics.
(b)The performance metrics shall include, but not be limited to, all of the following:
(1)Successful completion of vegetation management and wildfire mitigation plans.
(2)Decommissioning risky electrical lines.
(3)Building self-generation supported microgrids throughout the state, including in rural and remote areas of the state.
(c)The commission shall approve the compensation structure if it meets the requirements of subdivision (b).
SEC. 5.Section 748.3 is added to the Public Utilities Code, to read:748.3.(a)For a proposed rate increase subject to commission approval and a finding that the new rate is just and reasonable, an electrical corporation shall not propose a compounded annual rate increase on residential customers above the increase in the Consumer Price Index.
(b)For proposed rate increases not subject to commission approval and a finding that the new rate is just and reasonable, an electrical corporation shall not propose more than one rate increase per year, and the rate increase shall not apply to California Alternate Rates for Energy program or Family Electric Rate Assistance program customers.
(c)For purposes of this section, Consumer Price Index means the greater of the Consumer Price Index for the West Region, the Consumer Price Index for major cities, or the United States Consumer Price Index.
SEC. 6.Section 748.5 of the Public Utilities Code is amended to read:748.5.(a)Except as provided in subdivision (c), subdivisions (c) and (d), the commission shall require revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electric utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations to be credited directly to the residential, small business, and emissions-intensive trade-exposed retail customers of the electrical corporation.
(b)Not later than January 1, 2013, the commission shall require the adoption and implementation of a customer outreach plan for each electrical corporation, including, but not limited to, such measures as notices in bills and through media outlets, for purposes of obtaining the maximum feasible public awareness of the crediting of greenhouse gas allowance revenues. Costs associated with the implementation of this plan are subject to recovery in rates pursuant to Section 454.
(c)The commission may allocate up to 15 percent of the revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electrical distribution utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations, for clean energy and energy efficiency projects established pursuant to statute that are administered by the electrical corporation, or a qualified third-party administrator as approved by the commission, and that are not otherwise funded by another funding source.
(d)(1)Beginning with the fiscal year commencing July 1, 2026, and ending with the fiscal year ending June 30, 2036, from the revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electrical distribution utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations, the commission shall annually allocate one hundred million dollars ($100,000,000) to the Transformative Climate Communities Program (Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code) and annually allocate one hundred million dollars ($100,000,000) to the Community Resilience Center Program (Part 5 (commencing with Section 75250) of Division 44 of the Public Resources Code).
(2)All moneys allocated for the Transformative Climate Communities Program and Community Resilience Center Program pursuant to this subdivision shall benefit disadvantaged communities in census tracts that are the most vulnerable to climate disaster, including, high wildfire risk areas and areas with power shutoff, flooding, and climate vulnerabilities.
SEC. 7.Section 3289 of the Public Utilities Code is amended to read:3289.(a)(1)No later than July 26, 2019, the commission shall initiate a rulemaking proceeding to consider using its authority pursuant to Section 701 to require each electrical corporation, except a regional electrical corporation that chooses not to participate in any fund pursuant to Chapter 3 (commencing with Section 3291), to collect a nonbypassable charge from ratepayers of the electrical corporation to support the fund, including the payment of any bonds issued pursuant to Division 28 (commencing with Section 80500) of the Water Code, as follows:
(A)For a large electrical corporation, a charge in an amount sufficient to fund the revenue requirement, as established pursuant to Section 80524 of the Water Code.
(B)For a regional electrical corporation, the amount equal to one-half cent per kilowatt-hour ($0.005/kWh).
(2)If the commission determines that the imposition of the charge described in paragraph (1) is just and reasonable, and that it is appropriate to exercise its authority pursuant to Section 701 to do so, the commission shall direct each electrical corporation to impose and collect that charge commencing in the month immediately following the month in which the final imposition of the revenue requirement with respect to bonds previously issued pursuant to Division 27 (commencing with Section 80000) of the Water Code is made. The charge shall be collected in the same manner as that for the payments made to reimburse the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code.
(b)Notwithstanding any other law, no later than 90 days after the initiation of the rulemaking proceeding, the commission shall adopt a decision regarding the imposition of the charge.
(c)(1)Notwithstanding Section 455.5 or 1708, or any other law, the commission shall not revise, amend, or otherwise modify a decision to impose a charge made pursuant to this section at any time before January 1, 2036.(2)Notwithstanding paragraph (1), the commission shall revise the decision adopted pursuant to subdivision (b) to reduce the charge imposed on ratepayers pursuant to subdivision (a) to an amount equal to 5 percent of the costs to support the fund, and require each electrical corporation to contribute the remaining 95 percent of the costs to support the fund.
(d)If the administrator authorizes Golden State Energy to participate in the fund pursuant to subdivision (d) of Section 3292, Golden State Energys ratepayers shall be subject to the nonbypassable charge previously imposed by the commission pursuant to this section.
SEC. 8.Section 3292 of the Public Utilities Code is amended to read:3292.(a)If, no later than July 27, 2019, each large electrical corporation not subject to an insolvency proceeding on July 12, 2019, notifies the commission of its commitment to provide the initial contribution and the annual contributions, and subsequently provides its initial contribution as set forth in paragraph (3) of subdivision (b), the fund shall be established to pay eligible claims as set forth in subdivision (f) and obtain reimbursement from electrical corporations as set forth in subdivision (h).
(b)Except as provided in subdivision (d), to participate in the fund established pursuant to subdivision (a), an electrical corporation shall satisfy the following conditions by no later than June 30, 2020:
(1)The electrical corporation is not, and has not been since July 12, 2019, the subject of an insolvency proceeding or on criminal probation unless the electrical corporation meets the following conditions:
(A)The electrical corporations insolvency proceeding has been resolved pursuant to a plan or similar document not subject to a stay.
(B)The bankruptcy court or a court of competent jurisdiction, in the insolvency proceeding, has determined that the resolution of the insolvency proceeding provides funding or establishes reserves for, provides for assumption of, or otherwise provides for satisfying any prepetition wildfire claims asserted against the electrical corporation in the insolvency proceeding in the amounts agreed upon in any pre-insolvency proceeding settlement agreements or any post-insolvency settlement agreements, authorized by the court through an estimation process or otherwise allowed by the court.
(C)The commission has approved the reorganization plan and other documents resolving the insolvency proceeding, including the electrical corporations resulting governance structure as being acceptable in light of the electrical corporations safety history, criminal probation, recent financial condition, and other factors deemed relevant by the commission.
(D)The commission has determined that the reorganization plan and other documents resolving the insolvency proceeding are (i) consistent with the states climate goals as required pursuant to the California Renewables Portfolio Standard Program and related procurement requirements of the state and (ii) neutral, on average, to the ratepayers of the electrical corporation.
(E)The commission has determined that the reorganization plan and other documents resolving the insolvency proceeding recognize the contributions of ratepayers, if any, and compensate them accordingly through mechanisms approved by the commission, which may include sharing of value appreciation.
(2)For a regional electrical corporation, it has voluntarily established a charge required by the commission pursuant to Section 3289. This charge shall be included on monthly bills for customers. Collections on that charge shall be remitted, on a monthly basis, to the administrator for deposit into the fund.
(3)Except as provided in subdivision (e), the electrical corporation has provided its initial contribution to the fund no later than September 10, 2019. Initial contributions shall not be recovered from the ratepayers of an electrical corporation, except Golden State Energy.
(c)Each participating electrical corporation shall make its annual contribution by January 1 of each calendar year, including, without limitation, any annual contributions for calendar years in which the electrical corporation, or another electrical corporation to which the electrical corporation is the successor, was not a participating electrical corporation. Annual contributions shall not be recovered from the ratepayers of an electrical corporation, except Golden State Energy.
(d)(1)The administrator may, and in the case of Golden State Energy shall, authorize an electrical corporation that is formed after July 12, 2019, to participate in the fund if the administrator determines that the electrical corporation meets the requirements of this section. Authorization of an electrical corporation that is formed after July 12, 2019, shall be effective as of a date determined by the administrator and shall apply to covered wildfires after the date of authorization.
(2)If Golden State Energy is the successor to Pacific Gas and Electric Company and Pacific Gas and Electric Company made its initial contribution and, if applicable, annual contributions to the fund, the administrator shall not require Golden State Energy to commit to making, or make, its own initial contribution, or annual contributions for a period for which Pacific Gas and Electric Company already made its annual contributions, in order to participate in the fund and the administrator shall authorize Golden State Energy to participate in the fund if Golden State Energy, within 15 days of closing of the acquisition of Pacific Gas and Electric Company, notifies the commission of its commitment to make annual contributions to the fund.
(e)An electrical corporation that is the subject of an insolvency proceeding on July 12, 2019, that wishes to participate in the fund shall (1) no later than July 27, 2019, provide written notification to the commission of its election to participate in the fund, and (2) no later than September 10, 2019, obtain approval from the bankruptcy court or a court of competent jurisdiction of its determination to pay, and approval of its payment of, the initial contribution and, as they become due, annual contributions to the fund, provided that the contributions shall not be due to the fund until the date the electrical corporation exits the insolvency proceeding. The electrical corporation shall not be entitled to seek payments from the fund pursuant to subdivision (f) until it has funded its initial contribution and has met the other conditions provided in subdivision (b). Participation of an electrical corporation that is the subject of an insolvency proceeding that satisfies the requirements of this subdivision shall be effective as of July 12, 2019, and shall apply to covered wildfires, provided that the fund shall not pay more than 40 percent of the allowed amount of a claim arising between July 12, 2019, and the date the electrical corporation exits bankruptcy, with the balance of those claims being addressed through the insolvency proceeding.
(f)(1)An electrical corporation meeting the applicable requirements of subdivision (b) may seek payment from the fund to satisfy settled or finally adjudicated eligible claims. Only eligible claims shall be made against or paid by the fund. In accordance with the procedures established by the administrator, the administrator shall review and approve any settlement of an eligible claim as being in the reasonable business judgment of the electrical corporation before releasing funds to the electrical corporation for payment. Settlements of subrogation claims that are less than or equal to 40 percent of total asserted claim value as determined by the administrator shall be paid unless the administrator finds that the exceptional facts and circumstances surrounding the underlying claim do not justify the electrical corporations exercise of such business judgment. To the extent approved by the administrator, a settlement shall not be subject to further review by the commission.
(2)The administrator shall approve a settlement of an eligible claim that is a subrogation claim if the settlement exceeds 40 percent of the total asserted claim value, as determined by the administrator, and includes a full release of the balance of the asserted claim so long as the administrator finds that the electrical corporation exercised its reasonable business judgment in determining to settle for a higher percentage or on different terms based on a determination that the specific facts and circumstances surrounding the underlying claim justify a higher settlement percentage or different terms. A subrogation claim that is finally adjudicated shall be paid in the full judgment amount.
(g)Except for Golden State Energy, all initial and annual contributions shall be excluded from the measurement of the authorized capital structure.
(h)(1)Except as provided in paragraph (2), within six months after the commission adopts a decision in an application filed pursuant to Section 1701.8, the electrical corporation shall reimburse the fund for the full amount of costs and expenses the commission determined were disallowed pursuant to Section 1701.8.
(2)(A)The obligation of an electrical corporation to reimburse the fund shall be the lesser amount of subparagraph (B) or (C).
(B)The costs and expenses determined not to be just and reasonable pursuant to Section 1701.8.
(C)The amount determined pursuant to clause (i) minus the amount determined pursuant to clause (ii).
(i)(I)Except as specified in subclause (II), for each electrical corporation, 20 percent of the electrical corporations total transmission and distribution equity rate base, including, but not limited to, its Federal Energy Regulatory Commission (FERC) assets, as determined by the administrator for the calendar year in which the disallowance occurred.
(II)For Golden State Energys first twelve months of participation in the fund, an amount equal to 20 percent of Pacific Gas and Electric Companys total transmission and distribution equity rate base, including, but not limited to, its Federal Energy Regulatory Commission assets, at the time of the closing of the acquisition of Pacific Gas and Electric Company, as determined by the commission. For Golden State Energys subsequent years of participation in the fund, an amount determined by the commission that is equivalent to the amount specified in subclause (I) for electrical corporations with an equity rate base.
(ii)The sum of (I) the amounts actually reimbursed to the fund for costs and expenses that were determined not to be just and reasonable pursuant to Section 1701.8 during the measurement period, added to (II) the amount of any reimbursements to the fund owed by the electrical corporation for costs and expenses disallowed during the measurement period that have not yet been paid.
(iii)For purposes of this subparagraph, measurement period means the period of three consecutive calendar years ending on December 31 of the year in which the calculation is being performed.
(D)The administrator shall publish calculations of the amounts determined pursuant to subparagraphs (B) and (C) on or before January 1 of each calendar year for each electrical corporation.
(E)Except as provided in paragraph (3), the electrical corporation shall not be required to reimburse the fund for any additional amounts in any three-calendar-year period.
(F)The limitation set forth in this section shall apply only so long as the fund has not been terminated pursuant to subdivision (i).
(3)Paragraph (2) does not apply under either of the following circumstances:
(A)If the administrator determines that the electrical corporations actions or inactions that resulted in the covered wildfire constituted conscious or willful disregard of the rights and safety of others. For purposes of this subparagraph, evidence that the electrical corporations actions were prudent shall include common sense best practices such as conducting annual audits and replacing equipment that has outlived its usable life pursuant to Section 8386.7, and deenergizing the electrical grid under threatening conditions.
(B)If the electrical corporation failed to maintain a valid safety certification on the date of the ignition.
(i)(1)The administrator shall, to the extent practicable, manage the fund to prioritize the use of electrical corporation contributions before the use of ratepayer contributions.
(2)The fund shall terminate when the administrator determines that the fund resources are exhausted, taking into account the amount of any unpaid liabilities including necessary reserves, any remaining unpaid annual contributions from participating electrical corporations, and the charges authorized pursuant to Section 3289. Upon the determination of the administrator that the fund shall be terminated, the administrator shall pay all remaining eligible claims and fund expenses, and liquidate any remaining assets. The remaining funds shall be transferred to the General Fund. It is the intent of the Legislature that any funds transferred to the General Fund pursuant to this paragraph shall be appropriated to support wildfire mitigation.
(j)Notwithstanding subdivision (f), a regional electrical corporations access to the fund to pay eligible claims shall be limited to three times the sum of the regional electrical corporations initial contribution and any funded annual contributions per covered wildfire.
SEC. 9.Section 8386.7 is added to the Public Utilities Code, to read:8386.7.(a)Each electrical corporation shall annually contract with an independent and reputable third party to audit all of the electrical corporations equipment and electrical lines and identify any equipment or electrical lines that have outlived their useable life. The audit shall be completed on or before June 30, 2026, and by June 30 of each year thereafter, and submitted to the commission on or before August 31 of each year.
(b)(1)An electrical corporation shall replace equipment and electrical lines identified by the independent third-party auditor pursuant to an audit described in subdivision (a) that are located in a high fire risk area within five years of the audit.
(2)Equipment and electrical lines that are replaced pursuant to paragraph (1) shall be undergrounded. An electrical corporation shall not pass on the cost of undergrounding equipment pursuant to this paragraph to the ratepayers unless the commission determines that the electrical corporations earnings before interest and taxes for the previous year, multiplied by five as a basis for potential earnings before interest and taxes for the next five years, cannot fund the undergrounding work, in which case the commission shall determine what the minimal passthrough to ratepayers may be.
(3)If it is more cost effective and meets the overall electrical grid needs, an electrical corporation may install microgrid technology instead of replacing equipment and electrical lines pursuant to paragraph (1).
(c)(1)The commission shall assess a fine on an electrical corporation that fails to comply with this section, as follows:
(A)The commission shall assess a fine on an electrical corporation that fails to complete an annual audit pursuant to subdivision (a) in an amount equal to 1 percent of the electrical corporations gross revenue for the preceding year. For each subsequent year that an electrical corporation fails to complete an annual audit the fine amount shall be increased to an amount equal to 3 percent of the electrical corporations gross revenue for the preceding year.
(B)The commission shall assess a fine on an electrical corporation that fails to replace equipment pursuant to subdivision (b). The fine shall be, at minimum, the estimated cost of the replacement plus 10 percent, as determined by the third-party auditor.
(2)Fines collected pursuant to this subdivision shall be used to finance needed repairs. Any excess funds available after needed repairs may be transferred to a future maintenance and repair budget.
SEC. 10.Section 8388.5 of the Public Utilities Code is amended to read:8388.5.(a)The commission shall establish an expedited utility distribution infrastructure undergrounding program consistent with this section.
(b)Only a All large electrical corporation may corporations shall participate in the program.
(c)In order to participate in the program, a large electrical corporation shall submit to the office a distribution infrastructure undergrounding plan that shall address or include, at minimum, all of the following components:
(1)A 10-year plan for undergrounding distribution infrastructure.
(2)Identification of the undergrounding projects that will be constructed as part of the program, including a means of prioritizing undergrounding projects based on wildfire risk reduction, public safety, cost efficiency, and reliability benefits. Only undergrounding projects located in tier 2 or 3 high fire-threat districts or rebuild areas may be considered and constructed as part of the program.
(3)Timelines for the completion of identified and prioritized undergrounding projects, and unit cost targets and mileage completion targets for each year covered by the plan.
(4)A comparison of undergrounding versus aboveground hardening of electrical infrastructure and wildfire mitigation for achieving comparable risk reduction, or any other alternative mitigation strategy, such as covered conductor and rapid earth fault current limiter devices, for those prioritized undergrounding projects, evaluating the scope, cost, extent, and risk reduction of each activity, separately and collectively, over the duration of the plan. The comparison shall emphasize risk reduction and include an analysis of the cost of each activity for reducing wildfire risk, separately and collectively, over the duration of the plan.
(5)A plan for utility and contractor workforce development.
(6)An evaluation of project costs, projected economic benefits over the life of the assets, and any cost containment assumptions, including the economies of scale necessary to reduce wildfire risk and mitigation costs and establish a sustainable supply chain.
(d)Upon a large electrical corporation submitting a plan to the office, the office shall do both of the following:
(1)Publish the plan for public comment.
(2)Within nine months, review and approve or deny the plan. The office may only approve the plan if the large electrical corporation has shown that the plan will substantially increase electrical reliability by reducing the use of public safety power shutoffs, enhanced powerline safety settings, deenergization events, and any other outage programs, and substantially reduce the risk of wildfire. Before approving the plan, the office may require the large electrical corporation to modify the plan.
(e)(1)Upon the office approving a plan pursuant to paragraph (2) of subdivision (d), the large electrical corporation shall, within 60 days, submit to the commission a copy of the plan and an application requesting review and conditional approval of the plans costs and including all of the following:
(A)Any substantial improvements in safety risk and reduction in costs compared to other hardening and risk mitigation measures over the duration of the plan.
(B)The cost targets, at a minimum, that result in feasible and attainable cost reductions as compared to the large electrical corporations historical undergrounding costs.
(C)How the cost targets are expected to decline over time due to cost efficiencies and economies of scale.
(D)A strategy for achieving cost reductions over time.
(2)The assigned commissioner may waive the requirements of subdivisions (b), (d), (f), and (i) of Section 1701.3 for an application submitted to the commission pursuant to paragraph (1).
(3)In reviewing an application submitted to the commission pursuant to paragraph (1), the commission shall consider not revisiting cost or mileage completion targets approved, or pending approval, in the electrical corporations general rate case or a commission-approved balancing account ratemaking mechanism for system hardening.
(4)Upon the commission receiving an application pursuant to paragraph (1), the commission shall facilitate a public workshop for presentation of the plan and take public comment for at least 30 days.
(5)On or before nine months, the commission shall review and approve or deny the application. Before approving the application, the commission may require the large electrical corporation to modify or modify and resubmit the application.
(6)The commission shall consider continuing an existing commission-approved balancing account ratemaking mechanism for system hardening for the duration of a plan, as determined by the commission, and shall authorize recovery of recorded costs that are determined to be just and reasonable.
(f)If the plan is approved by the office and commission, the large electrical corporation shall do all of the following:
(1)Every six months, file a progress report with the office and the commission. The large electrical corporation and the office shall publish these progress reports on their internet websites.
(2)Include ongoing work plans and progress in annual wildfire mitigation plan filings.
(3)Hire an independent monitor, selected by the office, to review and assess the large electrical corporations compliance with its plan and submit a report with the office each December 1 over the course of the plan.
(g)(1)In reviewing and assessing the large electrical corporations compliance with its plan pursuant to paragraph (3) of subdivision (f), the independent monitor shall assess whether the large electrical corporations progress on undergrounding work has been consistent with the objectives identified in its plan. The independent monitors report shall specify any failure, delays, or shortcomings of the large electrical corporation and provide recommendations for improvements to accomplish the objectives set forth in the plan.
(2)The large electrical corporation shall have 180 days to correct and eliminate any deficiency specified in the independent monitors report.
(3)On or before December 1 of each year the plan is in effect, the independent monitor shall submit the report to the office.
(h)The office shall publish reports received pursuant to paragraph (3) of subdivision (g) on its internet website.
(i)(1)The office shall consider the independent monitors report and whether the large electrical corporation has cured any deficiencies, and may recommend penalties to the commission.
(2)The commission may assess penalties on a large electrical corporation that fails to substantially comply with a commission decision approving its plan.
(j)Each large electrical corporation participating in the program shall apply for available federal, state, and other nonratepayer moneys throughout the duration of its approved undergrounding plan, and any moneys received as a result of those applications shall be used to reduce the programs costs on the large electrical corporations ratepayers.
SEC. 11.Section 8388.6 is added to the Public Utilities Code, to read:8388.6.After an emergency or disaster in which an electrical corporations electrical infrastructure was destroyed, the electrical corporation shall rebuild the destroyed electrical infrastructure using undergrounding methods, to the extent applicable. The cost of undergrounding electrical infrastructure pursuant to this section shall not be recovered from ratepayers.
SEC. 12.Chapter 10 (commencing with Section 8450) is added to Division 4.1 of the Public Utilities Code, to read:10.Utility Service Disconnections8450.The Legislature finds and declares all of the following:
(a)Access to electricity and heating services is a human right that no one should be deprived of due to an inability to pay.
(b)Electricity is essential to the health, safety, and welfare of the people of this state and to the states economy.
(c)It is the responsibility of state government to ensure that a reliable supply of electricity is maintained at a level consistent with the need for the electricity to protect public health and safety, promote the general welfare, and protect environmental quality.
(d)Gas and electrical service shutoffs threaten the health of infants, children, the elderly, low-income families, communities of color, people for whom English is a second language, physically disabled persons, and persons with life-threatening medical conditions.
(e)Section 779.3 of the Public Utilities Code prohibits a gas or electrical corporation from disconnecting service for nonpayment by a residential customer receiving a medical baseline allowance when the customer or a member of the customers household is under hospice care at home, depends upon life-support equipment, or has a life-threatening condition or illness.
(f)Public Utilities Commission Decision 20-06-003 (June 16, 2020), Phase I Decision Adopting Rules and Policy Changes to Reduce Residential Customer Disconnections for the Larger California-Jurisdictional Energy Utilities, prohibits large investor-owned utilities from doing both of the following:
(1)Disconnecting residential customers when temperatures above 100 degrees or below 32 degrees are forecasted based on a 72-hour look-ahead period.
(2)Disconnecting residential customers who currently have Low-Income Home Energy Assistance Program pledges pending.
(g)In response to the COVID-19 pandemic, Public Utilities Commission Resolution M-4842 (April 17, 2020), Emergency Authorization and Order Directing Utilities to Implement Emergency Customer Protections to Support California Customers During the COVID-19 Pandemic, required electrical and gas utilities to suspend disconnection for nonpayment, commonly known as the COVID-19 disconnection moratorium.
(h)The COVID-19 disconnection moratorium ended in September 2021, but California investor-owned utilities began disconnecting their customers for nonpayment in August 2022.
(i)From August 2022 to August 2024, Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas and Electric Company collectively disconnected their customers for nonpayment 412,787 times.
(j)From August 2022 to August 2024, Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas and Electric Company also compensated their shareholders with $7,620,000,000 in dividends. During that period, the estimated cost to prevent all residential shutoffs for nonpayment was seventy-seven hundredths of 1 percent of that compensation to shareholders.
8451.For purposes of this chapter, the following definitions apply:
(a)Adult means a person 18 years of age or older.
(b)Economic unit means all adults contributing to and sharing in the income and expenses of a household.
(c)Electrical corporation has the same meaning as defined in Section 218.
(d)Gas corporation has the same meaning as defined in Section 222.
(e)Household means a residential address shared by a group of adults, including the utility customer, and children who are living together at that address as one economic unit. A household may contain related and unrelated persons. If an adult has no, or minimal, income and lives with an adult who provides financial support to that adult, both adults are part of the same household. A child under 18 years of age and living with a parent or guardian is part of the same household as the parent or guardian.
(f)Local publicly owned electric utility has the same meaning as defined in Section 224.3.
(g)Residential service means the provision of electrical or natural gas service to a residential connection at a single-family residence, a multifamily residence, a mobilehome, including, but not limited to, a mobilehome in a mobilehome park, or farmworker housing.
(h)Utility means an electrical corporation, local publicly owned electric utility, gas corporation, or local publicly owned gas utility.
8452.(a)A utility shall not disconnect a customers residential service for nonpayment if the customers household is the residence of any of the following persons:
(1)A child five years of age or younger, regardless of the customers relationship with the child.
(2)A person 65 years of age or older.
(3)A person with a disability, consistent with subdivision (d).
(4)A person with a medical condition, consistent with subdivision (d).
(5)A person who is pregnant or 0 to 12 weeks postpartum, consistent with subdivision (e).
(b)(1)A utility shall not disconnect a customers residential service for nonpayment if the customer has a household income at or below 200 percent of the federal poverty line.
(2)For purposes of paragraph (1), a utility shall deem a residential customer to have a household income below 200 percent of the federal poverty line if any member of the household is a current recipient of a benefit or discount pursuant to one or more of the following programs, or if the customer declares that the households annual income is less than 200 percent of the federal poverty level:
(A)The California Alternative Rates for Energy (CARE) program, as described in Section 739.1.
(B)The CalWORKS program, as described in Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code.
(C)CalFresh, as described in Section 18900.2 of the Welfare and Institutions Code.
(D)General assistance, as described in Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code.
(E)Medi-Cal, as described in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(F)Federal Supplemental Security Income, as described in Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.).
(G)The State Supplementary Payment Program, as described in Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(H)The California Special Supplemental Nutrition Program for Women, Infants, and Children, as described in Section 123280 of the Health and Safety Code.
(c)On and after January 1, 2026, each electrical corporation and gas corporation shall automatically reconnect all households that are eligible for protection under subdivision (a) or (b) that had their residential service disconnected due to nonpayment.
(d)(1)In order for the prohibition described in paragraph (3) or (4) of subdivision (a) to apply to a customers residential service, the customer, or a member of the customers household, shall notify the utility that the prohibition applies. The customer, or a member of the customers household, shall verify the prohibitions applicability by submitting to the utility, within three weeks after their latest disconnection notice, a certification from a primary care provider that the discontinuation of residential service will be life threatening to, aggravate an existing medical condition of, or pose a serious threat to the health and safety of, a resident of the household where the residential service is provided. Upon receipt of the certification and while verifying the certification, the utility shall not disconnect the customers service or the service of a member of the customers household.
(2)Notwithstanding paragraph (1), the customer, or a member of the customers household, may automatically establish the applicability of the prohibitions described in paragraphs (3) or (4) of subdivision (a) without submitting a certification from a primary care provider if the customer, or member of the customers household, participates in the Medical Baseline Program.
(e)If a customer, or a member of the customers household, is protected from disconnections pursuant to paragraph (5) of subdivision (a), the customer or member shall submit to the utility the certification of a primary care provider that the customer or member is pregnant or postpartum.
8453.(a)Each utility shall notify its residential customers of the prohibitions described in subdivisions (a) and (b) of Section 8452 by doing all of the following:
(1)Posting the prohibitions in a publicly available location on the utilitys internet website, if the utility has an internet website.
(2)Providing the prohibitions, in writing, to the utilitys residential customers at least twice per year, including before the onset of the summer and winter seasons.
(3)Including the prohibitions on each residential customers utility bill.
(4)Including the prohibitions on each new residential customers first utility bill.
(b)All written notices required pursuant to subdivision (a) shall be provided in English, the languages listed in Section 1632 of the Civil Code, and any other language spoken by 10 percent or more of the customers in the utilitys service area.
(c)Each utility that has an internet website shall create an online reporting system available through its internet website that enables its residential customers to report when their residential service has been disconnected in violation of subdivision (a) or (b) of Section 8452. The utility shall promptly respond to reports filed through its online reporting system and shall disclose a violation to the commission.
8454.(a)A utility shall offer a residential customer who meets the requirements of subdivision (a) or (b) of Section 8452 a payment plan for the customers electricity or gas service that is provided by the utility, including a percentage of income payment plan, as authorized by the commission in commission Decision 21-10-012 (October 11, 2021), Decision Authorizing Percentage of Income Payment Plan Pilot Programs, in which customers are subject to a monthly bill cap set at a percentage of household income not to exceed 4 percent of household income or one-twelfth of the combined amount of the customers electricity and gas bills immediately before the customers enrollment in the payment plan required to be offered by the utility pursuant to this section, whichever is lower.
(b)A residential customer subject to the payment plan shall not be financially responsible for any costs of providing electrical service or gas service exceeding the customers payment plan amount.
(c)A utility subject to the disconnection prohibition described in Section 8452 shall be subject to both of the following provisions:
(1)The utility shall not disconnect a residential customer described in subdivision (a) or (b) of Section 8452 due to lack of participation in a payment plan described in subdivision (a).
(2)The utility may report to a credit reporting agency that a customers outstanding balances are delinquent only if the customer declines to participate in a payment plan or fails to pay in full the amounts due under a payment plan on three separate occasions during the terms of a payment plan described in this section or another payment plan offered by the utility.
8455.(a)The commission shall establish a citation program to impose a penalty on an electrical corporation or gas corporation that violates Section 8452.
(b)(1)The commission may bring an action in state court for equitable relief regarding an electrical corporations or gas corporations use of a method, act, or practice inconsistent with this chapter.
(2)A customer, or a member of the customers household, may bring an action in state court for equitable relief regarding a utilitys or community choice aggregators use of a method, act, or practice inconsistent with this chapter.
8456.(a)(1)Each utility providing electrical service or gas service, or both, to residential customers shall collect and submit to the commission monthly data on electrical and gas service terminations, reconnections, bill assistance and payment agreements, arrears, and created and broken payment plans.
(2)When collecting and submitting to the commission the monthly data described in paragraph (1), those utilities shall do both of the following:
(A)Use metrics that replicate the data provided in the monthly disconnect data reports authorized by the commission pursuant to commission Decision 18-12-013 (December 13, 2018), Decision Adopting Interim Rules to Reduce Residential Customer Disconnections for California-Jurisdictional Energy Utilities.
(B)Aggregate electrical and gas service termination and reconnection data by ZIP Code, similar to the monthly disconnect data reports authorized by the commission pursuant to commission Decision 18-12-013 (December 13, 2018), Decision Adopting Interim Rules to Reduce Residential Customer Disconnections for California-Jurisdictional Energy Utilities.
(b)The commission shall either include the data as monthly filings in commission Rulemaking 18-07-005 (July 12, 2018), Order Instituting Rulemaking to Consider New Approaches to Disconnections and Reconnections to Improve Energy Access and Contain Costs, or create a new page on the commissions internet website that clearly collects and presents all of the data submitted to the commission pursuant to this section.
8457.(a)This chapter does not apply to utility actions related to wildfire prevention or other safety measures, including public safety power shutoffs or deenergization events.
(b)This chapter does not apply to unintentional service disruptions or outages.
SEC. 13.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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.
|
Date
|
Status
|
|---|---|
| Aug 29, 2025 | August 29 hearing: Held in committee and under submission. |
| Aug 20, 2025 | August 20 set for first hearing. Placed on APPR. suspense file. |
| Jul 14, 2025 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 10, 2025 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 5.) (July 9). |
| Jun 30, 2025 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & E. |
| Jun 9, 2025 | Referred to Com. on U. & E. |
| Jun 3, 2025 | In Assembly. Read first time. Held at Desk. |
| Jun 2, 2025 | Read third time. Passed. (Ayes 25. Noes 10. Page 1408.) Ordered to the Assembly. |
| May 28, 2025 | Read second time and amended. Ordered to third reading. |
| May 27, 2025 | From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1196.) (May 23). |
| May 16, 2025 | Set for hearing May 23. |
| May 5, 2025 | May 5 hearing: Placed on APPR. suspense file. |
| Apr 25, 2025 | Set for hearing May 5. |
| Apr 24, 2025 | Withdrawn from committee. |
| Apr 24, 2025 | Re-referred to Com. on APPR. |
| Apr 23, 2025 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| Apr 22, 2025 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 12. Noes 4. Page 810.) (April 21). Re-referred to Com. on JUD. |
| Apr 11, 2025 | Set for hearing April 29 in JUD. pending receipt. |
| Apr 10, 2025 | Set for hearing April 21. |
| Apr 7, 2025 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on E., U & C. |
| Mar 19, 2025 | Referred to Coms. on E., U & C. and JUD. |
| Feb 13, 2025 | From printer. May be acted upon on or after March 15. |
| Feb 12, 2025 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 9, 2025 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Utilities and Energy |
Passed |
|
| Jun 2, 2025 | Senate 3rd Reading SB332 Wahab | Senate Floor |
Passed |
|
| May 23, 2025 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 5, 2025 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 21, 2025 | Do pass, but first be re-referred to the Committee on [Judiciary] | Senate Standing Committee on Energy, Utilities and Communications |
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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 350 Bay Area Action | ** Support | |
| 350 Humboldt | ** Support | |
| 350 Sacramento | ** Support | |
| 350 South Bay Los Angeles | ** Support | |
| 350 Southland Legislative Alliance | ** Support | |
| Activist San Diego | ** Support | |
| Agroecology Commons | ** Support | |
| associations representing the state’s publicly owned utilities (POUs) | ** Against | |
| Ban SUP | ** Support | |
| Bay Area-System Change Not Climate Change | ** Support | |
| Berkeley City Councilmember Cecilia Lunaparra | ** Support | |
| Berkeley City Councilmember Igor Tregub | ** Support | |
| Biofuelwatch | ** Support | |
| CalChamber | ** Against | |
| California Alliance for Community Energy | ** Support | |
| California Brain Tumor Association | ** Support | |
| California Climate Voters | ** Support | |
| California Democratic Socialists of America | ** Support | |
| California Environmental Justice Alliance Action | ** Support | |
| California Environmental Justice Coalition | ** Support | |
| California Green New Deal Coalition | ** Support | |
| California Interfaith Power and Light | ** Support | |
| California Solar & Storage Association | ** Support | |
| California State Association Of Electrical Workers | ** Against | |
| Catholic Charities of Stockton | ** Support | |
| Cecilia Lunaparra, Berkeley Councilmember, District 7 | ** Support | |
| Center For Biological Diversity | ** Support | |
| Center for Community Action & Environmental Justice | ** Support | |
| Center for Community Energy | ** Support | |
| Central California Asthma Collaborative | ** Support | |
| Central Valley Partnership | ** Support | |
| Christina Fugazi - Mayor of Stockton | ** Support | |
| Claudia Jiménez, Councilmember District 6 City of Richmond | ** Support | |
| Claudia Jiménez, Richmond Councilmember, District 6 | ** Support | |
| cleanearth4kids.org | ** Support | |
| Climate Action California | ** Support | |
| Climate Action Campaign | ** Support | |
| Climate Equity Policy Center | ** Support | |
| Climate Health Now Action Fund | ** Support | |
| Coalition for Economic Equity and Economics | ** Support | |
| Coalition of California Utility Employees | ** Against | |
| COFEM | ** Support | |
| Collective Resilience | ** Support | |
| Communities for a Better Environment | ** Support | |
| Consumer Watchdog | ** Support | |
| Councilmember Cecilia Lunaparra, City of Berkeley, District 7 | ** Support | |
| Councilmember Claudia Jimenez, City of Richmond, District 6 | ** Support | |
| Councilmember Igor Tregub, City of Berkeley, District 4 | ** Support | |
| Councilmember Soheila Bana, City of Richmond, District 4 | ** Support | |
| Courage California | ** Support | |
| Democratic Socialists of America, Sacramento | ** Support | |
| Democrats of Rossmoor | ** Support | |
| Disability Justice Culture Club | ** Support | |
| Doing Good Works | ** Support | |
| Dsa LA | ** Support | |
| Earthjustice | ** Support | |
| Edison International And Affiliates, Including Southern California Edison | ** Against | |
| Eduardo Martinez - Mayor of Richmond | ** Support | |
| Energy Equity Project | ** Support | |
| Engineers and Scientists of California, IFPTE Local 20, AFL-CIO | ** Against | |
| Environmental Committee of the Valley Women’s Club of San Lorenzo Valley | ** Support | |
| Environmental Working Group | ** Support | |
| Feed Black Futures | ** Support | |
| FOOTHILL COMMUNITY DEMOCRATS | ** Support | |
| Friends of the Public Bank East Bay | ** Support | |
| Frontline Catalysts | ** Support | |
| Gayle McLaughlin, Former Richmond Mayor | ** Support | |
| Glendale Environmental Coalition | ** Support | |
| Green the Church | ** Support | |
| Greenbank Associates | ** Support | |
| HODG | ** Support | |
| Housing Now! | ** Support | |
| Human Impact Partners | ** Support | |
| Igor Tregub, Berkeley Councilmember, District 4 | ** Support | |
| Indigenous Environmental Network | ** Support | |
| Indigenous Justice | ** Support | |
| Indivisible California Green Team | ** Support | |
| Institute for Local Self-Reliance | ** Support | |
| Little Manila Rising | ** Support | |
| Local Clean Energy Alliance | ** Support | |
| Local Government Sustainable Energy Coalition | ** Support | |
| Long Beach Alliance for Clean Energy | ** Support | |
| Los Angeles County Democratic Party | ** Support | |
| Media Alliance | ** Support | |
| Mineral Baths Community Gardens | ** Support | |
| National Association of Climate Resilience Planners | ** Support | |
| North America Climate, Conservation, and Environment | ** Support | |
| North American Wood Pole Council | ** Against | |
| Oakland City Councilmember Carroll Fife | ** Support | |
| Oil and Gas Action Network | ** Support | |
| Pacific Gas and Electric Company (PG&E) | ** Against | |
| Parable of the Sower Healing Center | ** Support | |
| Parable of the Sower International Community Cooperative | ** Support | |
| Partners for Collaborative Change | ** Support | |
| Party for Socialism and Liberation | ** Support | |
| Peninsula Chapter of the Democratic Socialists of America | ** Support | |
| People's Climate Innovation Center | ** Support | |
| PODER | ** Support | |
| Public Power San Diego | ** Support | |
| Puente Latino Association | ** Support | |
| Puente Latino Association Inc. | ** Support | |
| Reclaim Our Power | ** Support | |
| Reclaim Our Power: Utility Justice Campaign | ** Support | |
| recolte energy | ** Support | |
| Regenerating Paradise | ** Support | |
| Resources for Community Development | ** Support | |
| Richmond City Councilmember Gayle Mclaughlin | ** Support | |
| Sacramento Environmental Justice Coalition | ** Support | |
| Saginaw CAP | ** Support | |
| San Diego DSA | ** Support | |
| San Diego Gas and Electric Company | ** Against | |
| San Luis Obispo County Democratic Party | ** Support | |
| SanDiego350 | ** Support | |
| Santa Cruz Climate Action Network | ** Support | |
| Seventh Native American Generation Magazine | ** Support | |
| Several individuals | ** Against | |
| Several individuals | ** Support | |
| Sierra Club California | ** Support | |
| Soheila Bana, Phd - Richmond City Councilmember | ** Support | |
| Soheila Bana, Richmond Councilmember, District 4 | ** Support | |
| Solar United Neighbors Action | ** Support | |
| Solidarity, Bay Area | ** Support | |
| Southern California Gas Company | ** Against | |
| Stop Pg$e | ** Support | |
| Stop PG&E | ** Support | |
| StopWaste | ** Support | |
| Sunflower Alliance | ** Support | |
| Sunrun | ** Support | |
| Sustainable Rossmoor | ** Support | |
| Sustainable Systems Research Foundation | ** Support | |
| Synergistic Solutions | ** Support | |
| The Climate Center | ** Support | |
| The Energy Coalition | ** Support | |
| The Native Education Sustainable Training | ** Support | |
| The Utility Wildfire Survivor Coalition | ** Against | |
| Third ACT | ** Support | |
| Third Act Bay Area | ** Support | |
| Third ACT SoCal | ** Support | |
| Treated Wood Council | ** Against | |
| Urban Ecology Project | ** Support | |
| Urban Tilth | ** Support | |
| Vote Solar | ** Support | |
| Wellbeing Economy Alliance California | ** Support | |
| West Berkeley Alliance for Clean Air and Safe Jobs | ** Support | |
| Western Wood Preservers Institute | ** Against | |
| Youth vs. Apocalypse | ** Support |
Date of Hearing: August 20, 2025
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 332
Author:(Wahab) – As Amended Ver:July 14, 2025
Policy Committee: | Utilities and Energy | Vote: | 11 - 5 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill, among other things, calls for a comparative analysis of the benefits and challenges of transitioning California’s electrical corporations (also known as “investor-owned utilities” or “IOUs”) to a successor entity.
More specifically, this bill:
- Directs the California Energy Commission (CEC), with input from the disadvantaged communities advisory group established in existing law, to select a research institute to conduct a comparative analysis, completed and submitted to the Legislature by January 1, 2029, on the benefits and challenges of transitioning the IOUs to a successor entity in order to identify a recommended model, assess the feasibility of transitioning the IOUs to a successor entity and identify priority “just design features” for the successor entity, with the goal of serving the public interest and necessity of the people and ecologies of California.
- Specifies numerous elements that are to comprise the comparative analysis, directs the research institute to consult with a labor institute in conducting all aspects of the comparative analysis with respect to impacts on workforce and labor relations, and authorizes CEC, the research institute and the disadvantaged advisory group to solicit input from stakeholders, including those with specified lived experiences or subject matter expertise.
- Require the research institute to conduct the first phase of the comparative analysis by December 31, 2026, and submit an interim report to CEC on threshold legal issues, as specified, and directs CEC to convene a group of state attorneys from the legal departments of state agencies that regulate electrical corporations to advise the research institute on the first phase of the comparative analysis.
- Limits the cost of conducting the comparative analysis to $5 million from an unspecified fund source.
- Modifies existing law to require the Office of Energy Infrastructure Safety (OEIS) newly consider ratepayer affordability when assessing IOU executive compensation as a factor as part of its deciding, per current law, whether to issue a safety certification to an IOU, and directs the California Public Utilities Commission (CPUC) to share certain related information with the OEIS.
- Requires each electrical IOU and each gas IOU, by March 1, 2026, to annually post on its website specified data for the prior year concerning termination of service due to nonpayment, and requires each publicly owned electric utility (POU), by March 1, 2027, to post on the POU’s website comparable data relevant to its customers.
FISCAL EFFECT:
- Costs of an unknown, but significant amount, likely in the millions of dollars, to CEC to fund and support the third-party analysis (Energy Resources Programs Account (ERPA)).
CEC describes the study to entail work by both a multi-disciplinary contractor team and substantive expertise from CEC staff, who will oversee the contract and work, and validate the contractor’s analysis and conclusions. CEC estimates associated costs at $6.4 million over a three-year period—$5 million for the contract, and $1.4 million for five personnel years. CEC further breaks down the personnel costs as one research specialist working for three years, at $279,199 per year, to provide overall strategic direction and validation, supported by one research data specialist for three years, at $200,000 per year.
- Significant costs to the CPUC, likely in the hundreds of thousands of dollars annually, to coordinate and support interagency efforts and provide necessary data.
The CPUC assumes it will dedicate two regulatory analysts to this effort, at a total annual cost of $403,000, and incur additional annual expenses of $750,000 ($250,000 for travel and meeting support and $500,000 for interpretation and translation services) across five years. (Public Utilities Commission Utilities Reimbursement Account).
- Significant costs to each of the state agencies the bill requires to be among the group of attorneys convened by CEC. For example, the Air Resources Board (ARB) estimates costs of $282,000 annually for a limited-term attorney, which ARB assumes would be paid from ERPA, while the Department of Justice describes the workload as “unquantifiable, but potentially significant.”
ARB warns of the difficulty it has had trying to hire qualified, experienced attorneys on a limited-term basis.
ERPA, the CEC’s main funding source, faces an ongoing structural deficit and likely could not support the expenses created by this bill absent reductions in other expenses currently funded from ERPA.
COMMENTS:
- Purpose. The author intends this bill to “ensure there is greater accountability to the public, better safety and stability of our infrastructure, and increased affordability for ratepayers” by “rein[ing] in the investor-owned utilities and ensure they are serving the best interests of Californians.”
- Background. Generally, and with some exception, Californians receive their electrical service from one of two types of entities: (a) municipal utilities, also knowns as POUs, such as the Los Angeles Department of Water and Power (LADWP) and the Sacramento Municipal Utilities District (SMUD), which are governed by a board elected by the voters of the service territory served by the utility, and (b) IOUs (sometimes called “public utilities”) which are privately held profit-seeking companies. Both POUs and IOUs generally have a monopoly on providing electric utility service within their respective service territories. The POUs are largely responsible for their own operations, including the setting and establishing the rates of service they charge their customers.
In contrast, the IOUs are overseen by the five-member CPUC, the members of which are appointed by the Governor. The CPUC, empowered by the California constitution and the Public Utilities Code, has broad authority over the IOUs and is authorized to "supervise and regulate every public utility in the State and...do all things...necessary and convenient in the exercise of such power and jurisdiction.” This includes setting the rates each IOU charges its customers for service, provided such terms are “just and reasonable,” and regulating many aspects of the services provided by the IOUs. The CPUC grants each IOU an exclusive franchise to provide service within a defined territory within which the IOU may recover from its customers prudently incurred expenses and earn a reasonable return on investment (profit). In return for the franchise, the IOU must provide safe, reliable, nondiscriminatory service to all customers in its service area.
Over the past two decades, equipment owned by the state’s IOUs have started a number of wildfires, several of them particularly devastating and deadly. In 2020, many questioned the ability of one of the state’s largest IOUs—Pacific Gas and Electric (PG&E)—to withstand the costs and other financial difficulty resulting from several large wildfires it had caused. In response, the Legislature passed SB 350 (Hill), Chapter 27, Statutes of 2020, which, among other things, authorizes creation of Golden State Energy (GSE), a nonprofit public benefit corporation, to acquire and operate PG&E, if certain circumstances are met. Senator Jerry Hill, the author of SB 350, said of the bill at the time:
The processes put forward in SB 350 are ones I hope we never need. I hope PG&E never starts another wildfire or causes another pipeline explosion. I hope the company improves its safety record and public image. But the State cannot rely on hope alone. We require overdue reforms and accountability, and will have a contingency plan – SB 350 – ready, should the need arise.
Ultimately, PG&E continued to exist and provide electrical and gas service as an IOU. Yet, its rates of service—and the rates of the state’s other electric IOUs—have increased considerably since 2020. Several parties have identified wildfire mitigation costs as one of the key drivers of these rate increases, as well as upgrades to the IOUs’ distribution systems to accommodate a cleaner and more dynamic electrical system.
The author points to another factor behind the increasing rates: greed. Noting the disparity between POU electric rates (lower) and IOU electric rates (higher), the author asserts “While IOUs are permitted to profit, they are not entitled to financially gouge Californians.” And the author faults the CPUC for failing both to prevent these rate increases and to ensure the IOUs maintain their equipment so it operates safely and reliably.
A very large coalition of supporters agrees, describing this bill as “a critical step toward protecting Californians from rising energy bills, widespread shutoffs, catastrophic wildfires, and other harms driven by profit-focused IOUs.”
The IOUs see it differently. For example, PG&E, writing in opposition to this bill as it read on July 1, 2027, writes:
While we share the goals of improving safety, affordability, and accountability, we believe that SB 332 presents a flawed and incomplete view of the challenges faced by IOUs and fails to account for the significant regulatory oversight already in place. We strongly urge you to reconsider the provisions of this bill and work with stakeholders to develop a more balanced and effective approach to addressing the complex issues facing California’s energy system.
Separately, associations representing the state’s POUs object specifically to the requirement they post data concerning termination of service due to nonpayment.
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: July 9, 2025
ASSEMBLY COMMITTEE ON UTILITIES AND ENERGY
Cottie Petrie-Norris, Chair
SBPCA Bill Id:SB 332
Author:(Wahab) – As Amended Ver:June 30, 2025
SENATE VOTE: 25-10
SUBJECT: Investor-Owned Utilities Accountability Act
SUMMARY: This bill contains various provisions intended to increase accountability for investor-owned utilities (IOUs), including requirements for a study of the feasibility of transitioning each IOU’s operations to a successor entity, for IOUs to audit all electrical infrastructure every three years, for addressing affordability in review of IOU executive compensation, and for IOUs and publicly owned utilities (POUs) to report on customer service disconnections due to nonpayment. Specifically, this bill:
- Makes numerous legislative findings about the electric IOU model and California’s large IOUs, the increase in electricity rates, utility record profits, wildfires caused by utility infrastructure, and concerns that electric IOUs prioritize profits over the safety and well-being of the ratepayers and residents of California.
- Requires the California Energy Commission (CEC) to select a research institute to conduct a comparative analysis of the benefits and challenges of transitioning each IOU to a successor entity that is either a public entity, nonprofit public benefit corporation, or mutual benefit corporation in order to identify a recommended model, with many detailed issues identified that are required to be addressed in the study.
- Requires the research institute to complete the analysis and submit it to the Legislature and the CEC on or before January 1, 2029, and make a draft available for public comment and present it at a public meeting before submitting the final analysis to the Legislature.
- Limits the cost of conducting the analysis to $5 million.
- Requires the California Public Utilities Commission (CPUC), in a new or existing proceeding, to develop a “best value” procurement model for IOUs to use in procurement of equipment and materials for electric infrastructure projects with “best value” defined as using objective criteria to evaluate qualifications and a selection representing the best combination of price and qualifications.
- Authorizes multiple exceptions to the requirement that IOUs use best value procurement and specifies circumstances when sole source contracting is permissible.
- Requires each IOU, on or before April 1, 2026, to submit an executive compensation proposal to the CPUC that is structured to promote safety and ratepayer affordability as priorities with specified performance metrics as conditions of CPUC approval.
- Requires each IOU to triennially contract with an independent and reputable third party to audit all of its equipment and electrical lines and identify any equipment or lines that have reached their end of life, to be aligned with the IOU’s wildfire mitigation plan (WMP) cycle.
- Requires the CPUC to assess a fine if an IOU fails to conduct the audit and requires fines to be used for needed repairs and maintenance.
- Requires IOUs and POUs to quarterly post on their internet websites the following information concerning termination of service due to nonpayment: total number of customers terminated, total number of customers reconnected, total number of payment agreements, total number of customers in arrears, the aggregated value of the arrears, and total number of created and broken payment plans.
EXISTING LAW:
- Establishes the CPUC with regulatory authority over public utilities, including electrical corporations and gas corporations. (Article XII of the California Constitution)
- Establishes the CEC with various responsibilities for developing and implementing the state’s energy policies. (Public Resources Code § 25000 et seq.)
- Establishes the Office of Energy Infrastructure Safety (OEIS) within the Natural Resources Agency, as established by the California Energy Infrastructure Safety Act, and provides that, after July 1, 2021, the OEIS is the successor to the Wildfire Safety Division of the CPUC. (Government Code §§15470 et seq. and 15475.6, Public Utilities Code §§ 326 and 8385)
- Authorizes the CPUC to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. (Public Utilities Code § 451)
- Authorizes the CPUC to supervise and regulate every public utility in the state and to do all things necessary and convenient in the exercise of such power and jurisdiction. (Public Utilities Code § 701)
- Requires each electrical corporation to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. (Public Utilities Code § 8386)
- Requires OEIS to issue a safety certificate to an IOU after review of the IOU’s compliance with conditions related to its WMP, including an assessment of whether the IOU’s executive compensation structure prioritizes safety. (Public Utilities Code § 8389)
- Prohibits an electrical corporation from recovering from ratepayers an annual salary, bonus, benefit, or other compensation paid to an officer, and requires that executive compensation instead be funded solely by shareholders. (Public Utilities Code § 706)
- Prohibits an electrical corporation, gas corporation, or water corporation from terminating a customer’s residential service for nonpayment of a delinquent account in certain circumstances and requires escalating steps such as notice, personal contact, and payment options before disconnection. (Public Utilities Code §§ 779, 779.1, 779.2, and 779.3)
- Requires the CPUC to adopt residential utility disconnections for nonpayment as a metric to be incorporated into each gas and electrical corporation general rate case, including a review of the impact of any proposed rate increase on nonpayment and disconnections for nonpayment. (Public Utilities Code § 718(b)(2))
- Requires the CPUC to develop policies, rules, or regulations with a goal of reducing, by January 1, 2024, the statewide level of gas and electric service disconnections for nonpayment by residential customers, including policies, rules, or regulations specific to the large IOUs. (Public Utilities Code § 718(a))
- Requires the CPUC to submit an annual report to the Legislature with information on residential and household gas and electric service disconnections, with data for the most recent five years, the total annual number of residential disconnections for nonpayment, reconnections following disconnection for nonpayment, disconnections for nonpayment that did not result in a reconnection within 30 days, and disaggregated data for customers in low-income or medical baseline programs. (Public Utilities Code § 910.5)
FISCAL EFFECT: According to the Senate Appropriations Committee, this bill will create significant costs, likely in the millions of dollars annually ongoing and potentially in the tens of millions one-time, for the CEC and CPUC. In addition, ratepayer impacts of this bill could impact the state as a ratepayer. The State of California is a natural gas and electrical customer, purchasing roughly 1 percent of the state’s electricity and 4 percent of its natural gas. As such, the state incurs costs if rates or surcharges increase, and realizes savings if they decrease.
CONSUMER COST IMPACTS: Unknown.
BACKGROUND:
IOU model of regulated monopoly – Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE), and San Diego Gas and Electric Company (SDG&E) are public utilities regulated by the CPUC. Pursuant to its authority granted in the California Constitution, the CPUC issues licenses to privately owned companies with shareholders to provide electric and gas utility service. This license, known as a certificate of public convenience and necessity, authorizes the company to provide monopoly utility service in a designated geographic area in exchange for the obligation to serve all customers and be subject to all CPUC oversight and regulation to provide safe, reliable, and affordable service. CPUC regulation includes setting rates the utility is allowed to charge its customers through a general rate case every three or four years, with the law requiring that rates be “just and reasonable.” A CPUC rate case includes review of utility expenditures for reasonableness, setting the rate of return the utility may earn, and specifying certain costs that cannot be included in rates and must be borne by utility shareholders. Consumer advocates regularly participate in IOU rate case proceedings and can be awarded intervenor compensation. Historically, this regulated utility model evolved because stringing electric wires to all homes and businesses across the country was a “natural monopoly” and too impractical for multiple competing providers.
While most of California is served by one of the big IOUs, the rest of the state is served by other utility types -- POUs such as the Los Angeles Department of Water and Power, the Sacramento Municipal Utility District, and many smaller POUs; rural electric cooperatives; and tribal utilities. The geographic size of service areas, number of customers, and regulatory framework differ for each type of utility but generally include an obligation to serve all customers with rates set by a governing body. Thus, rates for service can vary significantly among different providers. In addition, all utilities in California are subject to myriad statutory obligations related to public safety, wildfires, climate goals, environmental justice, low-income customer access, and other objectives. The cost of compliance generally is considered a cost that can be recovered in rates if reasonable.
Wildfire mitigation driving up rates – The CPUC in its most recent SB 695 Utility Cost Report has noted that wildfire-related costs are a key driver of increasing electric rates and are projected to continue their upward trend. In a recent study by the Energy Institute at Haas “Risk-Cost Tradeoffs in Power Sector Wildfire Prevention,” the authors note that in 2023 WMPs, California electric IOUs proposed investing over $9 billion annually to reduce wildfire ignition risk. PG&E’s recent general rate case authorized undergrounding of up to 1,200 miles of electric distribution lines. This contributed to the overall rate increases this year, roughly $35 per month more for the average utility bill, with another rate increase approved for a portion of the utility’s wildfire-related expenses, and the expectation that more are on the horizon. PG&E is also pursuing efforts to underground 10,000 miles of electric distribution lines in areas with high-fire risk with the intent to reduce wildfire ignition risk by approximately 99% as the best long-term solution for keeping customers and communities safe. SCE and SDG&E wildfire mitigation costs may be on a downward trend in the mid- to long-term, as much of their mitigation has been or will be completed, though they had less reliance on undergrounding lines as a primary strategy. However, recent wildfires in Southern California may affect this trajectory.
IOU executive compensation review – Electric IOUs are required to annually file WMP updates and a comprehensive WMP every three years with OEIS, which is responsible for reviewing, approving or denying and overseeing compliance with WMPs. The CPUC evaluates the reasonableness of costs associated with implementation of the WMPs for purposes of cost recovery and has enforcement authority with regard to electric IOUs’ performance of their WMPs and utility-caused wildfires. OEIS can issue a safety certificate that makes an IOU eligible to recover wildfire-related costs from the state Wildfire Fund if OEIS determines, among other conditions, that the IOU executive compensation structure sufficiently prioritizes safety.
Disconnecting utility service – In light of an upward trend in the number of utility disconnections due to nonpayment for IOU customers, the Legislature passed SB 598 (Hueso, Chapter 362, Statutes of 2017). SB 598 prohibits electrical and gas corporations from disconnecting service due to nonpayment of customers facing life-threatening medical conditions when the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement. The bill also requires the CPUC to adopt rules, policies and regulations with the goal of reducing the statewide level of gas and electric utility service disconnections for nonpayment by residential customers. It also requires consideration of utility disconnections in utility general rate cases and requires the CPUC to submit an annual report to the Legislature on residential gas and electric service disconnections. POUs are not regulated by the CPUC and have their own individual disconnection policies, which generally include an escalating number of steps to work with customers before service is cut off.
COMMENTS:
- Author’s Statement. According to the author: “Californians who are customers of investor-owned utilities are being financially crushed by the constant rate increases and devastated by wildfires caused by poorly maintained infrastructure. As policymakers it is our responsibility to address these issues and ensure there is greater accountability to the public, better safety and stability of our infrastructure, and increased affordability for ratepayers. Investor-owned utilities are legal monopolies that must operate within the statutory and regulatory framework we establish. However, that framework is failing Californians. While IOUs are permitted to profit, they are not entitled to financially gouge Californians. According to the January 7, 2025 report from the Legislative Analyst’s Office,[1] rates are nearly double the rest of the nation and these high rates are driven by the three largest investor-owned utilities. They also state that the rates of investor-owned utilities are more than 50 percent higher than rates charged by publicly-owned utilities. While the CPUC may consider safety and cost effectiveness in its decisions, they are not required to prioritize those concerns relative to ratepayers. With the CPUC enabling the status quo, we must take action to rein in the investor-owned utilities and ensure they are serving the best interests of Californians.”
- Findings. This bill includes findings about IOU operations, rate increases and shareholder profits, and expresses a preferred outcome of the study the bill requires. Some of the findings include subjective conclusions that cannot be verified. The committee recommends refining the legislative findings to facts that can be verified.
- Study Threshold Legal Issues First. This bill requires an “IOU Transition Feasibility Study” to be completed by January 1, 2029, and specifies many detailed issues to be analyzed, including an assessment of “all legal, economic, financial, governance,” and other relevant issues related to transitioning the assets and operations of each IOU to either a public entity, nonprofit public benefit corporation, or mutual benefit corporation, while also achieving many other broad objectives relating to climate, social justice, workers’ rights, and equity, among others. The study is to identify legal and regulatory issues that might arise during and after transition of IOU assets and operations to each corporate form, and a “preliminary evaluation of the long-term costs and benefits over at least a 30-year horizon,” among many other required areas of analysis. The scope of the required study is massive. Moreover, the dynamic nature of the electric utility ecosystem could make findings in a three-year study stale by the time they are delivered.
A phased approach to the study may be more efficient and produce more useful results. A logical first step is to analyze threshold legal issues related to each transition option. This could reveal that some options face insurmountable legal barriers, which would make it imprudent to spend three years and millions of tax dollars to study the many other issues specified in this bill. On the other hand, an initial legal analysis could identify a lawful pathway and framework for transition of an IOU to each corporate form and help organize and narrow the many other issues to be analyzed. The provisions and legislative history of SB 350 (2020), which authorized creation of Golden State Energy, a nonprofit public benefit corporation to acquire PG&E, can help identify some relevant threshold legal issues that warrant analysis, such as eminent domain, court-appointed receivers, Attorney General oversight of nonprofit entities, rate convenants, takings, bond authority, liability, and income taxation, among others. In addition, a complete inventory of all existing federal, state, and local statutory and regulatory requirements that apply to IOUs would be needed to ensure each obligation could seamlessly apply to each type of successor entity without jeopardizing provision of safe, reliable and affordable service.
This bill requires the CEC to select a “research institute,” defined to be an academic institution, to conduct the study, with three universities called out as options – the Institute of the Environment and Sustainability at UCLA, the Goldman School of Public Policy at the University of California (UC) Berkeley, and the Initiative for Climate Leadership and Resilience at California Polytechnic State University, San Luis Obispo. The sponsors of this bill report that each of these institutes has indicated that it could conduct the study for the $5 million this bill authorizes. The bill also requires the selected research institute to consult with a “labor institute,” defined to be either the UC Berkeley Labor Center or the UCLA Labor Center. The research institute also is required to seek input from a disadvantaged communities advisory group, and may seek input of other stakeholders.
With a phased approach to the study, focusing first on legal requirements and barriers, it seems essential to include legal experts. The IOUs currently are subject to numerous statutory and regulatory requirements under the jurisdiction of many agencies, including the CPUC, CEC, OEIS, California Independent System Operator, California Air Resources Board, CalFire, Office of Emergency Services, plus federal and local agencies. The input of attorneys from each relevant agency, rather than only academics, may provide a more pragmatic perspective of legal issues facing each transition option. On the ground regulators will be more familiar with the many nuances and complexities of compliance with the full panoply of existing IOU legal obligations, which should enhance the usefulness of the analysis.
Thus, the committee recommends amending Section 3 of the bill to require, within one year of the effective date of this bill, an interim report to the commission on a first phase study of all constitutional, statutory, and regulatory issues, with identification of legal barriers and legally permissible pathways to the proposed transition of an IOU to each successor corporate form, and to require participation of attorneys from relevant state agencies that regulate IOUs.
- Best Value Procurement. This bill requires the CPUC, in a new or existing proceeding, to develop a “best value procurement model” that compares the cost and benefits of potential supplies that IOUs purchase. The bill requires IOUs to use this model in their purchase of equipment and materials for infrastructure projects, but also states that it is not required for procurement of equipment and materials by an IOU contractor. The bill also authorizes sole source contracting instead of the best value method if equipment or materials are “in short supply,” if “a specific brand or type of equipment or materials is essential for performance requirements,” or if using the best value model “is not feasible or would not result in a suitable contract.” These provisions are so broad and subjective that the exceptions could easily swallow the rule. It would be very time-consuming and costly to determine when the best value procurement model applies or not, and then difficult to determine if the IOU properly compared costs and benefits for each equipment and material purchase to which the model is deemed to apply.
The author states that requiring use of the best value procurement model will help reduce infrastructure costs by ensuring that IOUs are “not simply choosing the most expensive supplier every time.” The author and sponsors assert that IOUs are motivated to choose the most expensive supplies because that increases the dollar amount of the rate base and the associated rate of return the IOU is authorized to earn, leading to greater profits for IOU shareholders. IOUs claim the new model would result in duplicative and costly regulation. The IOU purchases covered by this bill overlap with IOU capital investments and expenditures already subject to CPUC review for reasonableness in IOU general rate cases. IOUs also express concern with potential disruption to established diversity, local sourcing, and workforce development initiatives. A new layer of procurement requirements could impact decades of progress by the CPUC and California utilities in building an inclusive supplier ecosystem.[2]
The bill does not specify how the CPUC would enforce IOU compliance with a best value procurement model, although presumably that would be determined in a CPUC proceeding. With billions of dollars in IOU procurement every year, it would be a massive task to review whether this model was used in each purchase or whether the subjective factors allowing a sole source contract were met. Overall, especially given the broad exemptions, it is unclear if potential benefits from requiring best value procurement would outweigh the extra regulatory costs and likely protracted CPUC proceedings the requirement would impose, costs that ultimately could translate to higher customer bills. Thus, the committee recommends amending this bill by striking the best value procurement model provisions.
- Audit of Equipment and Lines. This bill requires each IOU, every three years, to contract with an independent third party to audit all equipment and electrical lines and identify those that have reached their end of life, to be completed in alignment with the IOU’s WMP cycle. The bill authorizes the CPUC to impose fines if an IOU fails to complete an audit and states that these fines shall be used to “finance needed repairs” with excess to be “transferred to a future maintenance and repair budget.” Other than outlining these consequences if an IOU fails to perform an audit, the bill does not specify how or if the CPUC would review the results of each audit or precisely how the audit is to be aligned with the WMP process. A prior version of the bill required an IOU to replace or underground equipment and lines identified in the audit as at end of life. Standing alone, this new audit requirement lacks clear standards for imposition of fines and the mechanics of how fines the CPUC collects would be used for repairs and maintenance. IOUs claim this audit requirement is duplicative with the WMP review of infrastructure, and overlaps with review in general rate cases of IOU equipment investments and depreciation. At a minimum, the CPUC would need a proceeding to determine how to implement this requirement and then work with OEIS to align with WMP cycles. Accordingly, the committee recommends amending this bill by striking this audit requirement.
- Executive Compensation and Affordability. This bill requires each IOU to submit to the CPUC by April 1, 2026, a proposed executive compensation structure to promote safety and affordability with performance metrics. This adds to the AB 1054 requirement that OEIS review executive compensation structures as part of IOU safety certification necessary for an IOU to draw from the Wildfire Fund. Recent author amendments to this bill also require the AB 1054 review of executive compensation include specified dollar amounts of compensation, noting lack of transparency with just percentages.[3] Since those author amendments, given concerns about duplication, the author has proposed focusing on enhancing the existing AB 1054 provisions rather than adding a new requirement at the CPUC.
As a result, the author proposes further amendment of the AB 1054 provisions to include ratepayer affordability in executive compensation assessment. The author proposes a metric of an IOU’s percent of customers in arrears and year-to-year change in that percent. It is not specified how OEIS would implement this metric. Another approach is to require OEIS to consider IOU affordability data the CPUC already collects pursuant to SB 598 -- IOU disconnect, arrears, and uncollectibles data already submitted to the CPUC for a report to the Legislature, data related to the disconnect metric the CPUC applies in each IOU’s general rate case, and data in the ongoing CPUC rulemaking on service disconnections (further discussed in Comment 7 below). Accordingly, the committee recommends amending the bill by striking Section 5 and instead requiring that the AB 1054 assessment of IOU compensation structures include ratepayer affordability with review of any disconnect, arrears, uncollectibles and related data for each IOU already required by SB 598.
- Posting Customer Disconnect Data. This bill requires all IOUs and POUs to post quarterly on their websites the total number of customers terminated, total number of customers reconnected, total number of payment agreements, total number of customers in arrears, the aggregated value of the arrears, and total number of created and broken payment plans. IOUs already provide customer disconnect and related data to the CPUC, which is included in reports to the Legislature, as required by SB 598. As part of an ongoing and active CPUC proceeding to implement SB 598, IOUs already report monthly to the CPUC on disconnects, arrears and uncollectibles, with copies to all parties to the proceeding, and accessible on the CPUC’s website.[4] SB 598 also requires the CPUC to adopt residential utility disconnections for nonpayment as a metric incorporated into each IOU general rate case.
The sponsors of this bill state that arrearage data is the most important indicator of whether service is affordable. Some utilities state that the number of disconnects is most important because so many steps are taken to address nonpayment before the last resort of disconnect. They claim that public reporting of arrearage data can be misleading, potentially create an inaccurate impression of utility debt to lenders, and unintentionally inspire financially able customers to not pay bills on time. Utilities raise concerns that this approach is driving toward a policy against any customer disconnects. They also point out that utilities need financial stability to ensure reliable service. Any signal toward ending disconnects could lead to more customers not paying bills, costs that are then spread to other customers. The author has agreed to limit the data POUs are required to post to include only total number of disconnects and reconnections, along with requiring each utility to post on its internet website its disconnect policy. Regarding IOUs, it seems reasonable to require posting on their internet websites the same data they already submit to the CPUC.
The committee recommends amending the bill to require both POUs and IOUs to annually post the total number of customer disconnects and reconnections, with IOUs required to also post any related data already submitted pursuant to SB 598, and to require both POUs and IOUs to post their disconnect policies.
- Related Legislation.
SB 254 (Becker), of the current legislative session, among other changes, clarifies the roles and responsibilities between the OEIS and the CPUC in reviewing IOU WMPs and related filings, including IOU executive compensation structures. Status: pending in this committee.
SB 256 (Perez), of the current legislative session, includes various changes to the WMP filing, including an accounting of all transmission facilities, including those “permanently abandoned”; requires IOUs to maintain wildfire mitigation around these abandoned lines, and file within their WMP information about their location and risk reduction plans. Status: pending in this committee.
SB 636 (Menjivar) of the current legislative session, prohibits an electrical or gas corporation from disconnecting service of a customer for three months if the customer is participating in specified low-income assistance programs and is experiencing specified hardships. Status: held in the Senate Appropriations Committee.
SB 24 (McNerney) of the current legislative session, among its provisions, prohibits electrical or gas corporations from terminating residential or commercial service for nonpayment on days (and three days after) when the air quality index is unhealthy for sensitive groups. Status: pending in Assembly Appropriations Committee.
- Prior Legislation.
SB 1142 (Menjivar) proposed policies related to disconnection of electric and gas utility service, including requiring the CPUC, on or before July 1, 2025, to determine whether to direct electrical and gas corporations to take into account a customer’s ability to pay before terminating or reconnecting services. Status: Chapter 600, Statutes of 2024.
AB 1054 (Holden) included numerous provisions related to addressing wildfires caused by electric utility infrastructure, including: bolstering safety oversight and processes, such as required updates to each electric corporation’s WMPs, recasting recovery of costs from damages to third-parties, including the authorization for an electrical corporation and ratepayer jointly funded Wildfire Fund to address future damages, and changes to provisions concerning the workforce of a change of ownership of a full or portion of an electrical or gas corporation. Status: Chapter 79, Statutes of 2019.
SB 598 (Hueso), among its provisions, prohibits electrical and gas corporations from disconnecting service due to nonpayment of customers facing life-threatening medical conditions when the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement. Status: Chapter 362, Statutes of 2017.
SB 1028 (Hill) required electric CPUC-regulated utilities to file annual WMPs and requires the CPUC to review and comment on those plans. Status: Chapter 598, Statutes of 2016.
REGISTERED SUPPORT / OPPOSITION:
Support
350 Bay Area Action
350 Humboldt
350 Sacramento
350 South Bay Los Angeles
350 Southland Legislative Alliance
Activist San Diego
Agroecology Commons
Ban Sup (single Use Plastic)
Bay Area-system Change Not Climate Change
Berkeley City Councilmember Cecilia Lunaparra
Berkeley City Councilmember Igor Tregub
Biofuelwatch
California Alliance for Community Energy
California Brain Tumor Association
California Climate Voters
California Democratic Socialists of America
California Environmental Justice Alliance (CEJA) Action
California Environmental Justice Coalition
California Interfaith Power and Light
Catholic Charities of Stockton
Center for Biological Diversity
Center for Community Action & Environmental Justice
Center for Community Energy
Central California Asthma Collaborative
Central Valley Partnership
Christina Fugazi - Mayor of Stockton
Claudia Jiménez, Councilmember District 6 City of Richmond
Cleanearth4kids.org
Climate Action California
Climate Action Campaign
Climate Equity Policy Center
Climate Health Now Action Fund
Coalition for Economic Equity and Economics
Cofem (the Mexican Federations in the United States)
Collective Resilience
Communities for a Better Environment
Consumer Watchdog
Courage California
Democratic Socialists of America, Sacramento
Democrats of Rossmoor
Disability Justice Culture Club
Doing Good Works
Dsa LA
Earthjustice
Eduardo Martinez - Mayor of Richmond
Energy Equity Project
Environmental Committee of the Valley Women’s Club of San Lorenzo Valley
Feed Black Futures
Foothills Community Democrats
Friends of the Public Bank East Bay
Frontline Catalysts
Glendale Environmental Coalition
Green the Church
Greenbank Associates
Hodg
Housing Now!
Human Impact Partners
Indigenous Environmental Network
Indigenous Justice
Indivisible California Green Team
Institute for Local Self-reliance
Little Manila Rising
Local Clean Energy Alliance
Local Government Sustainable Energy Coalition
Long Beach Alliance for Clean Energy
Media Alliance
Mineral Baths Community Gardens
National Association of Climate Resilience Planners
North American Climate, Conservation and Environment (NACCE)
Oakland City Councilmember Carroll Fife
Oil and Gas Action Network
Parable of the Sower Healing Center
Partners for Collaborative Change
Party for Socialism and Liberation
Peninsula Chapter of the Democratic Socialists of America
People's Climate Innovation Center
Poder
Public Power San Diego
Puente Latino Association
Reclaim Our Power!
Reclaim Our Power: Utility Justice Campaign
Recolte Energy
Regenerating Paradise
Resources for Community Development
Richmond City Councilmember Gayle Mclaughlin
Sacramento Environmental Justice Coalition
Saginaw CAP
San Diego Dsa
San Luis Obispo County Democratic Party
Sandiego350
Santa Cruz Climate Action Network
Seventh Native American Generation Magazine
Sierra Club California
Soheila Bana, Phd - Richmond City Councilmember
Solar United Neighbors Action
Solidarity, Bay Area
Stop Pg$e
Stopwaste
Sunflower Alliance
Sunrun
Sustainable Rossmoor
Sustainable Systems Research Foundation
Synergistic Solutions
The Climate Center
The Energy Coalition
The Native Education Sustainable Training
Third ACT
Third ACT Bay Area
Third ACT Socal
Urban Ecology Project
Urban Tilth
Vote Solar
Wellbeing Economy Alliance California
West Berkeley Alliance for Clean Air and Safe Jobs
Youth Vs. Apocalypse
Oppose
Calchamber
California State Association of Electrical Workers
Coalition of California Utility Employees
Edison International and Affiliates, Including Southern California Edison
Engineers and Scientists of California, Ifpte Local 20, Afl-cio
North American Wood Pole Council
Pacific Gas and Electric Company and its Affiliated Entities
San Diego Gas and Electric Company
Southern California Gas Company
Treated Wood Council
Western Wood Preservers Institute
Analysis Prepared by: Jackie Kinney / U. & E. / (916) 319-2083
https://lao.ca.gov/Publications/Detail/495/ Assessing California’s Climate Policies—Residential Electricity Rates in California ↑
https://www.cpuc.ca.gov/supplierdiversity/. ↑
Edison's safety record declined last year. Executive bonuses rose anyway. ↑
R.18-07-005; D. 18-12-013, OP 6 (ordering monthly reports). ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 332 |
THIRD READING
Bill No: SB 332
Author: Wahab (D)
Amended: 5/28/25
Vote: 21
SENATE ENERGY, U. & C. COMMITTEE: 12-4, 4/21/25
AYES: Becker, Allen, Archuleta, Arreguín, Ashby, Caballero, Gonzalez, Grayson, Limón, McNerney, Stern, Wahab
NOES: Ochoa Bogh, Dahle, Grove, Strickland
NO VOTE RECORDED: Rubio
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/23/25
AYES: Caballero, Cabaldon, Grayson, Richardson, Wahab
NOES: Seyarto
NO VOTE RECORDED: Dahle
SUBJECT: Investor-Owned Utilities Accountability Act
SOURCE: Center for Biological Diversity
Reclaim Our Power: Utility Justice Campaign
DIGEST:
This bill contains various provisions intended to provide accountability of investor-owned utilities (IOUs), including a transition feasibility study to transition the large gas and electric IOUs’ operations to a successor entity; requirements regarding the auditing and replacement of electrical infrastructure; and reporting on disconnections due to nonpayment, among other provisions.
ANALYSIS:
Existing law:
- Establishes and vests the California Public Utilities Commission (CPUC) with regulatory authority over public utilities, including electrical corporations and gas corporations. (Article XII of the California Constitution)
- Establishes and vests the State Energy Resources Conservation and Development Commission (California Energy Commission (CEC)) with various responsibilities for developing and implementing the state’s energy policies. (Public Resources Code §25000 et seq.)
- Establishes the Office of Energy Infrastructure Safety (OEIS) within the Natural Resources Agency, as established by the California Energy Infrastructure Safety Act, and provides that, after July 1, 2021, the OEIS is the successor to the Wildfire Safety Division of the CPUC. (Government Code §§15470 et seq. and 15475.6, Public Utilities Code §§326 and 8385
- Authorizes the CPUC to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. (Public Utilities Code §451)
- Authorizes the CPUC to supervise and regulate every public utility in the state and to do all things necessary and convenient in the exercise of such power and jurisdiction. (Public Utilities Code §701)
- Requires each electrical corporation to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. (Public Utilities Code §8386)
- Requires the CPUC to establish an expedited utility distribution infrastructure undergrounding program and provides that only large electrical corporations may participate in the program. (Public Utilities Code §8388.5)
- Prohibits an electrical corporation, gas corporation, or water corporation from terminating a customer’s residential service for nonpayment of a delinquent account in certain circumstances, including, among other circumstances, unless the corporation first gives notice to the customer of the delinquency and impending termination, during the pendency of an investigation by the corporation of the customer’s dispute or complaint, or when the customer has been granted an extension of the period for payment of a bill. (Public Utilities Code §779.1)
- Prohibits an electrical corporation from recovering from ratepayers an annual salary, bonus, benefit, or other consideration of any value paid to an officer of the electrical corporation, and requires that compensation to instead be funded solely by shareholders of the electrical corporation. (Public Utilities Code §706)
This bill:
- Relevant to the study on the transitioning the IOU model to a successor entity:
- Makes numerous findings and declarations concerning the electric IOU model, the increase in electricity rates, utility record profits wildfires caused by utility infrastructure, concerns that electric IOUs prioritize profits over the safety and well-being of the ratepayers and residents of California.
- Requires the CEC to select a research institute to conduct a comparative analysis of the benefits and challenges of transitioning the electrical corporations to a public entity, nonprofit public benefit corporation, or mutual benefit corporation in order to identify a recommended model.
- Requires the research institute to complete the analysis on or before January 1, 2029 and upon completion to submit the analysis to the Legislature and the CEC.
- Requires the CEC to make a draft of the analysis available to the public for comment before submitting the final draft to the Legislature.
- Limits the cost of conducting the analysis to $5 million.
- Relevant to infrastructure procurement:
- Requires the CPUC to develop a best value procurement model for use in the procurement of equipment and materials for electrical corporation infrastructure projects that compares the costs and benefits of potential supplies.
- Relevant to electric IOU executive compensation:
- Requires each electrical corporation, on or before April 1, 2026, to submit a proposed executive compensation structure to the CPUC that is structured to promote safety as a priority and to ensure public safety through performance metrics.
- Relevant to auditing and replacement of electrical corporation infrastructure:
- Requires each electrical corporation to triennially contract with an independent and reputable third party to audit all of the electrical corporation’s equipment and electrical lines and identify any equipment or electrical lines that have reached their end of life. Requires the audit to be completed in alignment with the wildfire mitigation plan cycle, as specified. Requires an electrical corporation to replace any equipment or electrical lines identified by the third-party auditor that are located in a high fire-threat district within five years, as provided. Requires the CPUC to assess fines on an electrical corporation that fails to comply with these provisions.
- Requires, after an emergency or disaster in which an electrical corporation’s electrical infrastructure was destroyed, if the electrical corporation rebuilds the destroyed electrical infrastructure, the electrical corporation to use the most cost-effective wildfire mitigation strategies that conform to state and industry safety standards for electrical equipment and that minimize the risk of catastrophic wildfire as quickly as possible, including consideration of undergrounding and covered conductor methods, to the extent applicable.
- Relevant to utility disconnections due to nonpayment:
- Requires each utility providing electrical service or gas service, or both, to residential customers to post quarterly data on electrical and gas service terminations, reconnections, payment agreements, arrears, and created and broken payment plans.
Background
IOU model and the regulatory compact. In its early days of the advent of electricity service, only a small fraction of the country (roughly eight percent in 1907) received electricity service. At the time, numerous companies with different electric systems in the same city provided service to those who could afford it. Many residents and businesses relied on other less expensive energy forms (such as steam, natural gas, and oil) to power lamps, motors, and manufacturing facilities. Competition was fierce and multiple electric lines strung across urban areas. Thomas Edison’s former secretary, Samuel Insull, advocated for the idea of a natural monopoly for electricity service with government economic regulation – the regulatory compact. The natural monopoly model afforded vertically integrated utilities, both public and private, to prosper and expand (along with federal actions to expand hydroelectricity and rural electrification), the IOU model generally supported universal access, economies of scale, and steady financing. Over the past hundred years, the model has shifted with some aspects of competition, particularly in California with the 1990s restructuring of the vertically integrated IOU model. At that time, pursuant to CPUC orders and legislation, IOUs divested of significant portions of their generation. Ultimately, the state experienced an energy crisis, due to manipulation by nefarious actors (including Enron), and a restructured market that lacked appropriate safeguards to protect customers.
Since the energy crisis of 2000-01, the electricity landscape has changed significantly, with the growth of community choice aggregators, the limits of electric service providers, Federal Energy Regulatory Commission orders for open access of transmission lines, requirements for resource adequacy to ensure sufficient supply, and policies to diversify resources, including renewable and zero-carbon energy. In California, as in much of the country, both IOU and publicly owned utility models exist (as well as, rural cooperatives). Frustrations regarding profit-making by shareholders within the IOU model have often been a source of anger and frustration, particularly so at times when customers’ electricity utility bills run high. In California, the combination of high electricity bills, recent catastrophic wildfires caused by electrical infrastructure (Camp Fire, Dixie Fire, Thomas Fire to name a few), and the proactive power shutoffs employed by the IOUs to prevent catastrophic fires have further raised the ire of their customers. The first several sections of this bill would require the CEC to work with the Disadvantaged Communities Advisory Group, the CPUC and the CEC Public Advisor, to contract a research institute to analyze to the IOU model and the comparative analysis of alternative models. Numerous provisions of the language in this bill related to the study reflect a strong desire to transition away from the IOU model with a lens towards the proponents perspective for a justice-centered model.
Wildfire mitigation plans (WMPs). Electric IOUs are required to annually file WMP updates and a comprehensive WMP every three years with guidance by OEIS, which reviews and determines whether to approve these plans and ensures compliance with guidance and statute. Under this framework, the OEIS is responsible for reviewing, approving or denying and overseeing compliance with WMPs, while the CPUC evaluates the reasonableness of costs associated with implementation of the WMPs for purposes of cost recovery and has enforcement authority with regard to electric IOUs’ performance of their WMPs and utility-caused wildfire. Further, SB 884 (McGuire, Chapter 819, Statutes of 2022) required the CPUC to establish a program for expediting the undergrounding of large electric IOUs distribution infrastructure. Electric IOUs with 250,000 or more customer accounts may participate in the program. Electric IOUs wishing to participate in the program must first submit their 10-year plan to OEIS for review who must approve or deny the plan within nine months. If OEIS approves the plan, the electric IOU submits an application to the CPUC for conditional approval of the plan’s costs.
Wildfire mitigation as significant driver of costs in electric utility bills. The CPUC in its most recent SB 695 Utility Cost Report has noted that wildfire-related costs are a key driver putting upward pressure on customers’ electric rates. The CPUC has stated that over the next several years, wildfire risk mitigation costs are projected to continue their upward trend. In a recent study by the Energy Institute at Haas “Risk-Cost Tradeoffs in Power Sector Wildfire Prevention”, the authors note that in 2023 WMPs, California electric IOUs proposed investing over $9 billion annually to reduce wildfire ignition risk. Pacific Gas & Electric’s (PG&E’s) recent general rate case (GRC) included authorization to underground up to 1200 miles of electric distribution lines. This contributed to the overall rate increases that customers are experiencing this year, roughly $35 per month more for the average utility bill, with another rate increase approved for a portion of the utility’s wildfire-related expenses, and the expectation that more are on the horizon. PG&E is also pursuing efforts to underground 10,000 miles of electric distribution lines in areas with high-fire risk with the intent to reduce wildfire ignition risk by approximately 99% as the best long-term solution for keeping customers and communities safe. In the case of Southern California Edison (SCE) and San Diego Gas & Electric (SDG&E), their wildfire mitigation costs may be on a downward trend in the mid- to long-term, as much of their mitigation has been or will be completed, though they had less reliance on undergrounding lines as a primary strategy. However, recent wildfires in Southern California may affect this trajectory. This bill would require auditing of electrical corporations infrastructure and requirement to replace end of life infrastructure with consideration for undergrounding the infrastructure. Opponents to this bill express concerns that these requirements may be redundant and complicate the existing risk-informed mitigation strategies.
Process for disconnecting electric and gas utility service. Prior to the COVID-19 pandemic, the number of utility disconnections due to nonpayment had been trending upwards among the four largest utilities–(PG&E, SDG&E, SCE, and Southern California Gas Company (SoCalGas). In response to the rise of electric and gas utility disconnections due to nonpayment, the Legislature passed SB 598 (Hueso, Chapter 362, Statutes of 2017). The bill prohibited electrical and gas corporations from disconnecting service due to nonpayment of customers facing life-threatening medical conditions when the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement. The bill also required the CPUC to adopt rules, policies and regulations with the goal of reducing the statewide level of gas and electric utility service disconnections for nonpayment by residential customers. Additionally, SB 598 required consideration of utility disconnections in utility GRCs and required the CPUC to submit a report to the Legislature on residential gas and electric service disconnections. This bill would require utilities – IOUs and local publicly owned utilities – to post quarterly data on their respective websites concerning disconnections. Supporters of the bill express a desire for quarterly data readily available to customers on their respective utility’s website.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- Significant costs, likely in the millions of dollars annually ongoing and potentially in the tens of millions one-time, for the California Energy Commission and the California Public Utilities to implement the provisions of this bill.
- To the extent that the provisions of this bill result in utility ratepayer impacts, it could impact the state as a ratepayer. The State of California is a natural gas and electrical customer, purchasing roughly one percent of the state’s electricity and four percent of its natural gas. As such, the state incurs costs if rates or surcharges increase, and realizes savings if they decrease.
SUPPORT: (Verified 6/2/25)
Center for Biological Diversity (co-source)
Reclaim Our Power: Utility Justice Campaign (co-source)
Cecilia Lunaparra, Berkeley Councilmember, District 7
Claudia Jiménez, Richmond Councilmember, District 6
Gayle McLaughlin, Former Richmond Mayor
Igor Tregub, Berkeley Councilmember, District 4
Soheila Bana, Richmond Councilmember, District 4
350 Bay Area Action
350 Humboldt
350 Southland Legislative Alliance
Ban SUP (single Use Plastic)
Bay Area System Change Not Climate Change
Biofuelwatch
California Alliance for Community Energy
California Brain Tumor Association
California Climate Voters
California Environmental Justice Alliance Action
California Environmental Justice Coalition
California Green New Deal Coalition
California Interfaith Power and Light
California Solar & Storage Association
Catholic Charities of Stockton
Center for Community Action and Environmental Justice
Center for Community Energy
Central California Asthma Collaborative
Central Valley Partnership
CleanEarth4Kids.org
Climate Action California
Climate Action Campaign
Climate Equity Policy Center
Climate Health Now
Coalition for Economic Equity and Economics
Collective Resilience
Communities for a Better Environment
Consumer Watchdog
Courage California
Democratic Socialists of America, Peninsula
Democratic Socialists of America, Sacramento
Democrats of Rossmoor
Disability Justice Culture Club
Doing Good Works
Energy Equity Project
Environmental Working Group
Feed Black Futures
Foothills Community Democrats
Friends of the Public Bank East Bay
Frontline Catalysts
Greenbank Associates
HODG
Housing Now!
Human Impact Partners
Indigenous Environmental Network
Indigenous Justice
Indivisible California Green Team
Indivisible California StateStrong
Indivisible ReSisters Contra Costa County
Institute for Local Self-Reliance
Little Manila Rising
Local Clean Energy Alliance
Local Government Sustainable Energy Coalition
Long Beach Alliance for Clean Energy
Los Angeles County Democratic Party
Media Alliance
Mineral Baths Community Gardens
National Association of Climate Resilience Planners
North American Climate, Conservation and Environment
Oil & Gas Action Network
Parable of the Sower Intentional Community Cooperative
Partners for Collaborative Change
Party for Socialism and Liberation
People's Climate Innovation Center
PODER
Public Power San Diego
Puente Latino Association Inc.
Récolte Energy
Regenerating Paradise
Resources for Community Development
Sacramento Environmental Justice Coalition
Saginaw CAP
San Diego DSA
San Diego350
San Luis Obispo County Democratic Party
Santa Cruz Climate Action Network
Solar United Neighbors Action
Solidarity, Bay Area
Stop PG&E
StopWaste
Sunflower Alliance
Sustainable Rossmoor
Sustainable Systems Research Foundation
Synergistic Solutions
The Climate Center
The Energy Coalition
Third ACT
Third ACT Bay Area
Third ACT SoCal
Urban Ecology Project
Urban Tilth
Vote Solar
Wellbeing Economy Alliance California
West Berkeley Alliance for Clean Air and Safe Jobs
Youth vs. Apocalypse
Several Individuals
OPPOSITION: (Verified 6/2/25)
California Chamber of Commerce
California State Association of Electrical Workers
Coalition of California Utility Employees
North American Wood Pole Council
Pacific Gas and Electric Company
San Diego Gas & Electric
Southern California Edison
Southern California Gas Company
The Utility Wildfire Survivor Coalition
Treated Wood Council
Western Wood Preservers Institute
Several Individuals
ARGUMENTS IN SUPPORT: The Center for Biological Diversity and Reclaim Our Power: Utility Justice Campaign, co-sponsors of this bill states:
Over the past years, catastrophic wildfires have grown in frequency and severity, caused or accelerated by our reliance on an antiquated and dangerous IOU business model that prioritizes profits over public health. Over the past three years, the IOUs have recorded record profits, while ratepayers’ bills have gone up on average over 50%. Now, Californians face an affordability crisis that has over 6 million people behind on their bills, some so severely that record numbers of families are facing potentially life-threatening disconnections.
SB 332 would go a long way to address these systemic problems. In particular, the bill would fund a feasibility study to determine what form of utility best serves ratepayers. SB 332 is a critical bill to help us achieve our decarbonization and climate targets, by assessing and remedying the broken—and monopoly—utility system, ensuring the safety of our electrical infrastructure, addressing the significant energy burdens faced by California households, and providing protections for the State’s most vulnerable populations.
ARGUMENTS IN OPPOSITION: The utilities opposed to this bill raise concerns that some of this bill’s provisions are redundant to existing requirements and express concerns that proposed study would require substantial investment of time and resources at a time when other needs merit attention (including advancing clean energy, reliability, and affordability). PG&E states “…SB 332 proposes sweeping changes without fully accounting for existing regulatory safeguards or the operational complexities of transforming the state’s energy infrastructure.” SCE states “… [SB 332] presents a flawed and incomplete view of the challenges faced by investor-owned utilities (IOUs) and does not take into consideration current regulatory oversight.”
Prepared by: Nidia Bautista / E., U. & C. / (916) 651-4107
6/2/25 13:14:45
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 332 |
THIRD READING
Bill No: SB 332
Author: Wahab (D)
Amended: 5/28/25
Vote: 21
SENATE ENERGY, U. & C. COMMITTEE: 12-4, 4/21/25
AYES: Becker, Allen, Archuleta, Arreguín, Ashby, Caballero, Gonzalez, Grayson, Limón, McNerney, Stern, Wahab
NOES: Ochoa Bogh, Dahle, Grove, Strickland
NO VOTE RECORDED: Rubio
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/23/25
AYES: Caballero, Cabaldon, Grayson, Richardson, Wahab
NOES: Seyarto
NO VOTE RECORDED: Dahle
SUBJECT: Investor-Owned Utilities Accountability Act
SOURCE: Center for Biological Diversity
Reclaim Our Power: Utility Justice Campaign
DIGEST:
This bill contains various provisions intended to provide accountability of investor-owned utilities (IOUs), including a transition feasibility study to transition the large gas and electric IOUs’ operations to a successor entity; requirements regarding the auditing and replacement of electrical infrastructure; and reporting on disconnections due to nonpayment, among other provisions.
ANALYSIS:
Existing law:
- Establishes and vests the California Public Utilities Commission (CPUC) with regulatory authority over public utilities, including electrical corporations and gas corporations. (Article XII of the California Constitution)
- Establishes and vests the State Energy Resources Conservation and Development Commission (California Energy Commission (CEC)) with various responsibilities for developing and implementing the state’s energy policies. (Public Resources Code §25000 et seq.)
- Establishes the Office of Energy Infrastructure Safety (OEIS) within the Natural Resources Agency, as established by the California Energy Infrastructure Safety Act, and provides that, after July 1, 2021, the OEIS is the successor to the Wildfire Safety Division of the CPUC. (Government Code §§15470 et seq. and 15475.6, Public Utilities Code §§326 and 8385
- Authorizes the CPUC to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. (Public Utilities Code §451)
- Authorizes the CPUC to supervise and regulate every public utility in the state and to do all things necessary and convenient in the exercise of such power and jurisdiction. (Public Utilities Code §701)
- Requires each electrical corporation to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. (Public Utilities Code §8386)
- Requires the CPUC to establish an expedited utility distribution infrastructure undergrounding program and provides that only large electrical corporations may participate in the program. (Public Utilities Code §8388.5)
- Prohibits an electrical corporation, gas corporation, or water corporation from terminating a customer’s residential service for nonpayment of a delinquent account in certain circumstances, including, among other circumstances, unless the corporation first gives notice to the customer of the delinquency and impending termination, during the pendency of an investigation by the corporation of the customer’s dispute or complaint, or when the customer has been granted an extension of the period for payment of a bill. (Public Utilities Code §779.1)
- Prohibits an electrical corporation from recovering from ratepayers an annual salary, bonus, benefit, or other consideration of any value paid to an officer of the electrical corporation, and requires that compensation to instead be funded solely by shareholders of the electrical corporation. (Public Utilities Code §706)
This bill:
- Relevant to the study on the transitioning the IOU model to a successor entity:
- Makes numerous findings and declarations concerning the electric IOU model, the increase in electricity rates, utility record profits wildfires caused by utility infrastructure, concerns that electric IOUs prioritize profits over the safety and well-being of the ratepayers and residents of California.
- Requires the CEC to select a research institute to conduct a comparative analysis of the benefits and challenges of transitioning the electrical corporations to a public entity, nonprofit public benefit corporation, or mutual benefit corporation in order to identify a recommended model.
- Requires the research institute to complete the analysis on or before January 1, 2029 and upon completion to submit the analysis to the Legislature and the CEC.
- Requires the CEC to make a draft of the analysis available to the public for comment before submitting the final draft to the Legislature.
- Limits the cost of conducting the analysis to $5 million.
- Relevant to infrastructure procurement:
- Requires the CPUC to develop a best value procurement model for use in the procurement of equipment and materials for electrical corporation infrastructure projects that compares the costs and benefits of potential supplies.
- Relevant to electric IOU executive compensation:
- Requires each electrical corporation, on or before April 1, 2026, to submit a proposed executive compensation structure to the CPUC that is structured to promote safety as a priority and to ensure public safety through performance metrics.
- Relevant to auditing and replacement of electrical corporation infrastructure:
- Requires each electrical corporation to triennially contract with an independent and reputable third party to audit all of the electrical corporation’s equipment and electrical lines and identify any equipment or electrical lines that have reached their end of life. Requires the audit to be completed in alignment with the wildfire mitigation plan cycle, as specified. Requires an electrical corporation to replace any equipment or electrical lines identified by the third-party auditor that are located in a high fire-threat district within five years, as provided. Requires the CPUC to assess fines on an electrical corporation that fails to comply with these provisions.
- Requires, after an emergency or disaster in which an electrical corporation’s electrical infrastructure was destroyed, if the electrical corporation rebuilds the destroyed electrical infrastructure, the electrical corporation to use the most cost-effective wildfire mitigation strategies that conform to state and industry safety standards for electrical equipment and that minimize the risk of catastrophic wildfire as quickly as possible, including consideration of undergrounding and covered conductor methods, to the extent applicable.
- Relevant to utility disconnections due to nonpayment:
- Requires each utility providing electrical service or gas service, or both, to residential customers to post quarterly data on electrical and gas service terminations, reconnections, payment agreements, arrears, and created and broken payment plans.
Background
IOU model and the regulatory compact. In its early days of the advent of electricity service, only a small fraction of the country (roughly eight percent in 1907) received electricity service. At the time, numerous companies with different electric systems in the same city provided service to those who could afford it. Many residents and businesses relied on other less expensive energy forms (such as steam, natural gas, and oil) to power lamps, motors, and manufacturing facilities. Competition was fierce and multiple electric lines strung across urban areas. Thomas Edison’s former secretary, Samuel Insull, advocated for the idea of a natural monopoly for electricity service with government economic regulation – the regulatory compact. The natural monopoly model afforded vertically integrated utilities, both public and private, to prosper and expand (along with federal actions to expand hydroelectricity and rural electrification), the IOU model generally supported universal access, economies of scale, and steady financing. Over the past hundred years, the model has shifted with some aspects of competition, particularly in California with the 1990s restructuring of the vertically integrated IOU model. At that time, pursuant to CPUC orders and legislation, IOUs divested of significant portions of their generation. Ultimately, the state experienced an energy crisis, due to manipulation by nefarious actors (including Enron), and a restructured market that lacked appropriate safeguards to protect customers.
Since the energy crisis of 2000-01, the electricity landscape has changed significantly, with the growth of community choice aggregators, the limits of electric service providers, Federal Energy Regulatory Commission orders for open access of transmission lines, requirements for resource adequacy to ensure sufficient supply, and policies to diversify resources, including renewable and zero-carbon energy. In California, as in much of the country, both IOU and publicly owned utility models exist (as well as, rural cooperatives). Frustrations regarding profit-making by shareholders within the IOU model have often been a source of anger and frustration, particularly so at times when customers’ electricity utility bills run high. In California, the combination of high electricity bills, recent catastrophic wildfires caused by electrical infrastructure (Camp Fire, Dixie Fire, Thomas Fire to name a few), and the proactive power shutoffs employed by the IOUs to prevent catastrophic fires have further raised the ire of their customers. The first several sections of this bill would require the CEC to work with the Disadvantaged Communities Advisory Group, the CPUC and the CEC Public Advisor, to contract a research institute to analyze to the IOU model and the comparative analysis of alternative models. Numerous provisions of the language in this bill related to the study reflect a strong desire to transition away from the IOU model with a lens towards the proponents perspective for a justice-centered model.
Wildfire mitigation plans (WMPs). Electric IOUs are required to annually file WMP updates and a comprehensive WMP every three years with guidance by OEIS, which reviews and determines whether to approve these plans and ensures compliance with guidance and statute. Under this framework, the OEIS is responsible for reviewing, approving or denying and overseeing compliance with WMPs, while the CPUC evaluates the reasonableness of costs associated with implementation of the WMPs for purposes of cost recovery and has enforcement authority with regard to electric IOUs’ performance of their WMPs and utility-caused wildfire. Further, SB 884 (McGuire, Chapter 819, Statutes of 2022) required the CPUC to establish a program for expediting the undergrounding of large electric IOUs distribution infrastructure. Electric IOUs with 250,000 or more customer accounts may participate in the program. Electric IOUs wishing to participate in the program must first submit their 10-year plan to OEIS for review who must approve or deny the plan within nine months. If OEIS approves the plan, the electric IOU submits an application to the CPUC for conditional approval of the plan’s costs.
Wildfire mitigation as significant driver of costs in electric utility bills. The CPUC in its most recent SB 695 Utility Cost Report has noted that wildfire-related costs are a key driver putting upward pressure on customers’ electric rates. The CPUC has stated that over the next several years, wildfire risk mitigation costs are projected to continue their upward trend. In a recent study by the Energy Institute at Haas “Risk-Cost Tradeoffs in Power Sector Wildfire Prevention”, the authors note that in 2023 WMPs, California electric IOUs proposed investing over $9 billion annually to reduce wildfire ignition risk. Pacific Gas & Electric’s (PG&E’s) recent general rate case (GRC) included authorization to underground up to 1200 miles of electric distribution lines. This contributed to the overall rate increases that customers are experiencing this year, roughly $35 per month more for the average utility bill, with another rate increase approved for a portion of the utility’s wildfire-related expenses, and the expectation that more are on the horizon. PG&E is also pursuing efforts to underground 10,000 miles of electric distribution lines in areas with high-fire risk with the intent to reduce wildfire ignition risk by approximately 99% as the best long-term solution for keeping customers and communities safe. In the case of Southern California Edison (SCE) and San Diego Gas & Electric (SDG&E), their wildfire mitigation costs may be on a downward trend in the mid- to long-term, as much of their mitigation has been or will be completed, though they had less reliance on undergrounding lines as a primary strategy. However, recent wildfires in Southern California may affect this trajectory. This bill would require auditing of electrical corporations infrastructure and requirement to replace end of life infrastructure with consideration for undergrounding the infrastructure. Opponents to this bill express concerns that these requirements may be redundant and complicate the existing risk-informed mitigation strategies.
Process for disconnecting electric and gas utility service. Prior to the COVID-19 pandemic, the number of utility disconnections due to nonpayment had been trending upwards among the four largest utilities–(PG&E, SDG&E, SCE, and Southern California Gas Company (SoCalGas). In response to the rise of electric and gas utility disconnections due to nonpayment, the Legislature passed SB 598 (Hueso, Chapter 362, Statutes of 2017). The bill prohibited electrical and gas corporations from disconnecting service due to nonpayment of customers facing life-threatening medical conditions when the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement. The bill also required the CPUC to adopt rules, policies and regulations with the goal of reducing the statewide level of gas and electric utility service disconnections for nonpayment by residential customers. Additionally, SB 598 required consideration of utility disconnections in utility GRCs and required the CPUC to submit a report to the Legislature on residential gas and electric service disconnections. This bill would require utilities – IOUs and local publicly owned utilities – to post quarterly data on their respective websites concerning disconnections. Supporters of the bill express a desire for quarterly data readily available to customers on their respective utility’s website.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- Significant costs, likely in the millions of dollars annually ongoing and potentially in the tens of millions one-time, for the California Energy Commission and the California Public Utilities to implement the provisions of this bill.
- To the extent that the provisions of this bill result in utility ratepayer impacts, it could impact the state as a ratepayer. The State of California is a natural gas and electrical customer, purchasing roughly one percent of the state’s electricity and four percent of its natural gas. As such, the state incurs costs if rates or surcharges increase, and realizes savings if they decrease.
SUPPORT: (Verified 5/27/25)
Center for Biological Diversity (co-source)
Reclaim Our Power: Utility Justice Campaign (co-source)
Cecilia Lunaparra, Berkeley Councilmember, District 7
Claudia Jiménez, Richmond Councilmember, District 6
Gayle McLaughlin, Former Richmond Mayor
Igor Tregub, Berkeley Councilmember, District 4
Soheila Bana, Richmond Councilmember, District 4
350 Bay Area Action
350 Humboldt
350 Southland Legislative Alliance
Ban SUP (single use plastic)
Bay Area System Change Not Climate Change
Biofuelwatch
California Alliance for Community Energy
California Brain Tumor Association
California Climate Voters
California Environmental Justice Alliance Action
California Environmental Justice Coalition
California Green New Deal Coalition
California Interfaith Power and Light
California Solar & Storage Association
Catholic Charities of Stockton
Center for Community Action and Environmental Justice
Center for Community Energy
Central California Asthma Collaborative
Central Valley Partnership
CleanEarth4Kids.org
Climate Action California
Climate Action Campaign
Climate Equity Policy Center
Climate Health Now
Coalition for Economic Equity and Economics
Collective Resilience
Communities for a Better Environment
Consumer Watchdog
Courage California
Democratic Socialists of America, Sacramento
Democrats of Rossmoor
Disability Justice Culture Club
Doing Good Works
Energy Equity Project
Environmental Working Group
Feed Black Futures
Foothills Community Democrats
Friends of the Public Bank East Bay
Frontline Catalysts
HODG
Housing Now!
Human Impact Partners
Indigenous Environmental Network
Indigenous Justice
Indivisible California Green Team
Indivisible California StateStrong
Indivisible ReSisters Contra Costa
Institute for Local Self-Reliance
Little Manila Rising
Local Clean Energy Alliance
Long Beach Alliance for Clean Energy
Los Angeles County Democratic Party
Media Alliance
Mineral Baths Community Gardens
National Association of Climate Resilience Planners
North American Climate, Conservation and Environment
Oil & Gas Action Network
Parable of the Sower Intentional Community Cooperative
Partners for Collaborative Change
Party for Socialism and Liberation
People's Climate Innovation Center
PODER
Public Power San Diego
Puente Latino Association Inc.
Récolte Energy
Regenerating Paradise
Resources for Community Development
Sacramento Environmental Justice Coalition
Saginaw CAP
San Diego DSA
San Diego350
San Luis Obispo Democratic Party
Santa Cruz Climate Action Network
Solar United Neighbors Action
Solidarity, Bay Area
Stop PG&E
StopWaste
Sunflower Alliance
Sustainable Rossmoor
Sustainable Systems Research Foundation
Synergistic Solutions
The Climate Center
Third ACT
Third ACT Bay Area
Third ACT SoCal
Urban Ecology Project
Urban Tilth
Vote Solar
Wellbeing Economy Alliance California
West Berkeley Alliance for Clean Air and Safe Jobs
Youth vs. Apocalypse
Several Individuals
OPPOSITION: (Verified 5/27/25)
California Chamber of Commerce
California State Association of Electrical Workers
Coalition of California Utility Employees
North American Wood Pole Council
Pacific Gas and Electric Company
San Diego Gas & Electric
Southern California Edison
Southern California Gas Company
The Utility Wildfire Survivor Coalition
Treated Wood Council
Western Wood Preservers Institute
Several Individuals
ARGUMENTS IN SUPPORT: The Center for Biological Diversity and Reclaim Our Power: Utility Justice Campaign, co-sponsors of this bill states:
Over the past years, catastrophic wildfires have grown in frequency and severity, caused or accelerated by our reliance on an antiquated and dangerous IOU business model that prioritizes profits over public health. Over the past three years, the IOUs have recorded record profits, while ratepayers’ bills have gone up on average over 50%. Now, Californians face an affordability crisis that has over 6 million people behind on their bills, some so severely that record numbers of families are facing potentially life-threatening disconnections.
SB 332 would go a long way to address these systemic problems. In particular, the bill would fund a feasibility study to determine what form of utility best serves ratepayers. SB 332 is a critical bill to help us achieve our decarbonization and climate targets, by assessing and remedying the broken—and monopoly—utility system, ensuring the safety of our electrical infrastructure, addressing the significant energy burdens faced by California households, and providing protections for the State’s most vulnerable populations.
ARGUMENTS IN OPPOSITION: The utilities opposed to this bill raise concerns that some of this bill’s provisions are redundant to existing requirements and express concerns that proposed study would require substantial investment of time and resources at a time when other needs merit attention (including advancing clean energy, reliability, and affordability). PG&E states “…SB 332 proposes sweeping changes without fully accounting for existing regulatory safeguards or the operational complexities of transforming the state’s energy infrastructure.” SCE states “… [SB 332] presents a flawed and incomplete view of the challenges faced by investor-owned utilities (IOUs) and does not take into consideration current regulatory oversight.”
Prepared by: Nidia Bautista / E., U. & C. / (916) 651-4107
5/28/25 17:34:42
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SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
SB 332 (Wahab) - Investor-Owned Utilities Accountability Act
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would, among other things intended to provide Investor-Owned Utilities (IOU) accountability, require (1) a feasibility study on transitioning operations of the large gas and electric IOUs to a successor entity, (2) that utilities post specified information concerning termination of service due to nonpayment on their websites, and (3) that each electrical corporation submit a proposed executive compensation structure to the CPUC that is structured to promote safety, as provided.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 23, 2025
Fiscal Impact:
- Significant costs, likely in the millions of dollars annually ongoing and potentially in the tens of millions one-time, for the California Energy Commission and the California Public Utilities to implement the provisions of this bill.
- To the extent that the provisions of this bill result in utility ratepayer impacts, it could impact the state as a ratepayer. The State of California is a natural gas and electrical customer, purchasing roughly one percent of the state’s electricity and four percent of its natural gas. As such, the state incurs costs if rates or surcharges increase, and realizes savings if they decrease.
Amendments:
Amendments would reduce costs, revise study and best value procurement processes, and clarify cost recovery and fines. Specifically, they would:
- Modify the study to expand the eligible research institutes .
- Reduce costs of the study and cap the overall cost of the study not to exceed $5 million.
- Replace the definition of “IOUs” with the existing definition for “electrical corporations” and make conforming amendments.
- Related to the audit, align the ability for IOUs to recover costs from ratepayers for work done with existing CPUC processes. Remove the prescribed fines and instead allow the commission to fine based on the severity of the violations.
- For rebuilding infrastructure, align the ability for IOUs to recover costs from ratepayers for work done with existing CPUC processes.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
SB 332 (Wahab) - Investor-Owned Utilities Accountability Act
Version: April 23, 2025 | Policy Vote: E., U. & C. 12 - 4 |
Urgency: No | Mandate: Yes |
Hearing Date: May 5, 2025 | Consultant: Ashley Ames |
Bill Summary:
This bill would, among other things intended to provide Investor-Owned Utilities (IOU) accountability, require (1) a feasibility study on transitioning operations of the large gas and electric IOUs to a successor entity, (2) that utilities post specified information concerning termination of service due to nonpayment on their websites, and (3) that each electrical corporation submit a proposed executive compensation structure to the CPUC that is structured to promote safety, as provided.
Fiscal Impact:
- The California Energy Commission (CEC) estimates one-time costs of about $18 million spread over three years (Energy Resources Program Account [ERPA]) for 5 temporary positions and contract funds to conduct the study required by this bill. The CEC notes that this study would require substantial work conducted by a multi-disciplinary contractor team and CEC staff with extensive expertise.
- The California Public Utilities Commission (CPUC) estimates ongoing costs of about $2.2 million annually (ratepayer funds) and 8 positions to coordinate with the CEC and enforce the requirements on IOUs and utilities that would be established by this bill, among other things.
- To the extent that the provisions of this bill result in utility ratepayer impacts, it could impact the state as a ratepayer. The State of California is a natural gas and electrical customer, purchasing roughly one percent of the state’s electricity and four percent of its natural gas. As such, the state incurs costs if rates or surcharges increase, and realizes savings if they decrease.
Background:
IOU model and the regulatory compact. In its early days, only a small fraction of the country (roughly eight percent in 1907) received electricity service. At the time, numerous companies with different electric systems in the same city provided service to those who could afford it. Many residents and businesses relied on other less expensive energy forms (such as steam, natural gas, and oil) to power lamps, motors, and manufacturing facilities. Competition was fierce and multiple electric lines strung across urban areas. Thomas Edison’s former secretary, Samuel Insull, pushed the idea of a natural monopoly for electricity service with government economic regulation – the regulatory compact. The natural monopoly model afforded vertically integrated utilities, both public and private, to prosper and expand (along with federal actions to expand hydroelectricity and rural electrification), the IOU model generally supported universal access, economies of scale, and steady financing. Over the past hundred years, the model has shifted with some aspects of competition, particularly in California with the 1990s restructuring of the vertically integrated IOU model, pursuant to CPUC orders and legislation, IOUs divested of significant portions of their generation. Ultimately, the state experienced an energy crisis, due to manipulation by nefarious actors (including Enron), and a restructured market that lacked some of the safeguards to protect customers.
Since the energy crisis of 2000-01, the electricity landscape has changed significantly, with the growth of CCAs, the limits of electric service providers, Federal Energy Regulatory Commission orders for open access of transmission lines, requirements for resource adequacy to ensure sufficient supply, and policies to diversify resources, including renewable and zero-carbon energy. In California, as in much of the country, both IOU and publicly owned utility (POU) utility models exist (as well as, rural cooperatives). Frustrations regarding profit-making by shareholders within the IOU model have often been a source of anger and frustration, particularly so at times when customers’ electricity utility bills run high. In California, the combination of high electricity bills, recent catastrophic wildfires caused by electrical infrastructure (Camp Fire, Dixie Fire, Thomas Fire to name a few), and the proactive power shutoffs employed by the IOUs to prevent catastrophic fires have further raised the ire of their customers.
Inverse condemnation and Wildfire Fund. After those recent wildfires, the IOU model was further shaken due to the combination of claims from those fires as the California Constitution provides the basis for recovery against government entities and public utilities via the theory of inverse condemnation. Section 19 of Article 12, requires that just compensation be paid when private property is taken for public use. This is commonly understood as eminent domain. In the case where a property is damaged by a public improvement project, the application is known as inverse condemnation, unlike in cases of negligence, the responsible entity is held strictly liable where a public improvement causes property damage. The California Supreme Court and appellate courts have held that inverse condemnation is applicable to IOUs (Gay Law Students Association v. Pacific Telephone & Telegraph Co. (1979) 23 Cal.3d 458, 469), and (Barham v. Southern California Edison Company (1999) 74 Cal. App 4th 744).
Pacific Gas & Electric (PG&E) filed for bankruptcy due to their credit ratings being downgraded by the credit ratings agencies to a point characterized as “junk status.” The credit ratings downgrade occurred following information that the CPUC was investigating PG&E concerning gas safety reporting violations, on the heels of the Camp Fire which was speculated (and since found to have been) caused by PG&E electric infrastructure, and in the midst of a criminal probation stemming from the San Bruno gas pipeline explosion. Nearly a week after the downgrade, PG&E notified its workforce (and the public) that it intended to file for Chapter 11 bankruptcy protection on or around January 29, 2019. Subsequently, the Legislature and Governor established a process to allow for claims paying capacity from covered wildfires via a Wildfire Fund that would be capitalized up to $21 billion, with half paid by shareholders and the other half from ratepayers. The fund has received nearly $15 billion including annual contributions (as required by the statute) from shareholders for electrical corporations that chose to participate and from a nonbypassable charge on electric IOU customers of roughly $0.0056 per kilowatt hour of electricity.
Addressing safety risks from energy utility operations. The CPUC oversees the development of the risk framework each IOU uses as basis for analyzing their risks. The risk framework includes a Risk Assessment Mitigation Phase (RAMP) whereby CPUC staff scrutinize energy IOU safety-risk threat assessments along with associated proposed mitigation plans and estimated costs and spending requests. The risk reports are submitted to the CPUC on a four-year cycle basis to inform applications and approval of system-wide IOU operating and capital spending. In addition to the RAMP filings, the Safety Model Assessment Proceeding (S-MAP) is a parallel rulemaking track at the CPUC to continually refine and improve the RAMP and its associated mandates. The S-MAP continuously updates utility risk-related requirements and provides interpretations to support California utilities’ capacity building to respond to new and growing risks and makes use of the latest risk-modeling science. RAMP and S-MAP efforts inform each energy IOUs’ general rate case (GRC) and help the CPUC (and stakeholders) assess whether the utilities are properly directing resources to wildfire and safety risks.
Wildfire mitigation plans (WMPs). In addition to the RAMP and S-MAP processes, the state has created a separate entity, the OEIS, and a special process to review wildfire-related risks via electric IOU WMPs. Electric IOUs are required to annually file WMP updates and a comprehensive WMP every three years with guidance by OEIS, which reviews and determines whether to approve these plans and ensures compliance with guidance and statute. Under this framework, the OEIS is responsible for reviewing, approving or denying and overseeing compliance with WMPs, while the CPUC evaluates the reasonableness of costs associated with implementation of the WMPs for purposes of cost recovery and has enforcement authority with regard to electric IOUs’ performance of their WMPs and utility-caused wildfire. Further, SB 884 (McGuire, Chapter 819, Statutes of 2022) required the CPUC to establish a program for expediting the undergrounding of large electric IOUs distribution infrastructure. Electric IOUs with 250,000 or more customer accounts may participate in the program. Electric IOUs wishing to participate in the program must first submit their 10-year plan to OEIS for review who must approve or deny the plan within nine months. If OEIS approves the plan, the electric IOU submits an application to the CPUC for conditional approval of the plan’s costs.
Wildfire mitigation as significant driver of costs in electric utility bills. The CPUC in its most recent SB 695 Utility Cost Report has noted that wildfire-related costs are a key driver putting upward pressure on customers’ electric rates. The CPUC has stated that over the next several years, wildfire risk mitigation costs are projected to continue their upward trend. In a recent study by the Energy Institute at Haas “Risk-Cost Tradeoffs in Power Sector Wildfire Prevention”, the authors note that in 2023 WMPs, California electric IOUs proposed investing over $9 billion annually to reduce wildfire ignition risk. PG&E’s recent GRC included authorization to underground up to 1200 miles of electric distribution lines. This contributed to the overall rate increases that customers are experiencing this year, roughly $35 per month more for the average utility bill, with another rate increase approved for a portion of the utility’s wildfire-related expenses, and the expectation that more are on the horizon. PG&E is also pursuing efforts to underground 10,000 miles of electric distribution lines in areas with high-fire risk with the intent to reduce wildfire ignition risk by approximately 99% as the best long-term solution for keeping customers and communities safe. In the case of Southern California Edison (SCE) and San Diego Gas & Electric (SDG&E), their wildfire mitigation costs may be on a downward trend in the mid- to long-term, as much of their mitigation has been or will be completed, though they had less reliance on undergrounding lines as a primary strategy. Additionally, recent wildfires in Southern California may affect this trajectory.
Costs to underground electric utility infrastructure. While the electric utilities incorporate undergrounding efforts in their WMPs, it is a strategy that had been utilized for very few of their electric circuit lines, largely due to costs in comparison to other mitigation options, and the long-lead time for undergrounding projects. According to data gathered from electric IOUs, and analyzed by the CPUC, converting overhead distribution infrastructure to underground can be 10 times more expensive than installing new distribution overhead lines and undergrounding of electric distribution lines can be eight times more expensive than insulating (covering) the conductors (wires) to prevent them from igniting when contacting vegetation and other foreign objects. Per the data collected from PG&E, SCE and SDG&E, the costs for undergrounding existing overhead distribution infrastructure can range between $1.85 million to $6.072 million per mile. Costs to underground electric transmission lines can be exponentially more.
Costs of other mitigation measures. Generally, electric utilities are incorporating other wildfire mitigation measures that can be more cost-effective, including covered conductor, sectionalizing circuit lines, vegetation management, and operational controls such as fast-trips and public safety power shutoffs. Per the data collected by the CPUC, installing new overhead distribution infrastructure is much less expensive. On average, the costs to install new overhead distribution infrastructure is between $634,000-$760,000 per mile, according to the electric utilities’ Rule 21 interconnection unit cost guides. PG&E has shared that their undergrounding efforts are averaging under $3 million per mile and overhead upgrades are averaging just over $1 million. The Energy Institute at Hass report on wildfire mitigation prevention measures notes that undergrounding powerlines, despite the higher investment cost, is more cost effective than pruning and removing vegetation. However, new operational controls, especially the use of “fast-trip” settings is significantly more cost effective than other strategies.
Proposed Law:
This bill includes various provisions intended to provide IOU accountability. Specifically, it would:
- Require the CEC, in coordination with the public advisor and the CPUC, on or before March 31, 2026, to issue a request for proposals for a team to develop a study.
- Require that the study
- Conduct a historical energy justice assessment of the IOU’s operations and impacts.
- Complete a comparative analysis of the benefits and challenges of transitioning the IOUs to a successor entity in order to identify a recommended model
- Require the CEC, on or before June 30, 2026, to select the study team that is awarded the contract.
- Require the CEC to hold a public proceeding and submit a report of the study team’s findings and recommendations to the Legislature no later than 24 months after selecting the study team, as specified.
- Require the CEC to require the study team to select and convene an advisory council by December 31, 2026, to participate in the study of the vision for a new energy system, as provided. Upon completion of the first 2 study components, the bill would require the study team, in consultation with the advisory council, to provide a recommendation for a particular successor entity type to the CEC, as provided.
- Require a utility, including an electrical corporation, local publicly owned electric utility, gas corporation, and local publicly owned gas utility, to quarterly post specified information concerning termination of service due to nonpayment on its respective internet websites, as provided.
- Require each electrical corporation, on or before April 1, 2026, to submit a proposed executive compensation structure to the CPUC that is structured to promote safety as a priority and to ensure public safety through performance metrics, as provided.
- Require each electrical corporation to triennially contract with an independent and reputable third party to audit all of the electrical corporation’s equipment and electrical lines and identify any equipment or electrical lines that have reached their end of life.
- Require the audit to be completed in alignment with the wildfire mitigation plan cycle, as specified.
- Require an electrical corporation to replace any equipment or electrical lines identified by the third-party auditor that are located in a high fire-threat district within 5 years, as provided.
- Require the CPUC to assess fines on an electrical corporation that fails to comply with these provisions, as specified.
- Require, after an emergency or disaster in which an electrical corporation’s electrical infrastructure was destroyed, if the electrical corporation rebuilds the destroyed electrical infrastructure, that the electrical corporation use the most cost-effective wildfire mitigation strategies that conform to state and industry safety standards for electrical equipment and that minimize the risk of catastrophic wildfire as quickly as possible, including consideration of undergrounding and covered conductor methods, to the extent applicable.
- Prohibit the cost of undergrounding, installing covered conductors, or other cost-effective wildfire mitigation strategies for the electrical infrastructure from being recovered from ratepayers.
- Provide that no reimbursement is required for specified reasons.
Related Legislation:
SB 636 (Menjivar) of the current legislative session would prohibit an electrical or gas corporation from disconnecting service of a customer for three months if the customer is participating in specified low-income assistance programs and is experiencing specified hardships.
SB 24 (McNerney) of the current legislative session, among its provisions, would prohibit electrical or gas corporations from terminating residential or commercial service for nonpayment on days (and three days after) when the air quality index is unhealthy for sensitive groups.
SB 1142 (Menjivar, Chapter 600, Statutes of 2024) proposed policies related to disconnection of electric and gas utility service, including requiring the CPUC, on or before July 1, 2025, to determine whether to direct electrical and gas corporations to take into account a customer’s ability to pay before terminating or reconnecting services.
SB 1003 (Dodd, 2024) would have made numerous changes to the processes for addressing wildfire mitigation by electrical corporations and other electric utilities, including clarifying the roles of relevant state agencies in addressing wildfire risk; and would have required electrical corporations to take into account both the amount of wildfire risk reduction for the cost-effectiveness and time value of the proposed mitigation measure within the utility’s wildfire mitigation plan. The bill was held on the Assembly Floor.
SB 884 (McGuire, Chapter 819, Statutes of 2022) required the CPUC to establish an expedited electric utility distribution infrastructure undergrounding program for large electrical corporations. Requires the OEIS to approve or deny the plan within nine months and requires additional actions and reports.
AB 1054 (Holden, Chapter 79, Statutes of 2019) included numerous provisions related to addressing wildfires caused by electric utility infrastructure, including: bolstering safety oversight and processes, such as required updates to each electric corporation’s WMPs, recasting recovery of costs from damages to third-parties, including the authorization for an electrical corporation and ratepayer jointly funded Wildfire Fund to address future damages, and changes to provisions concerning the workforce of a change of ownership of a full or portion of an electrical or gas corporation.
SB 901 (Dodd, Chapter 626, Statutes of 2018) addressed numerous issues concerning wildfire prevention, response and recovery, including funding for mutual aid, fuel reduction and forestry policies, WMPs by electric utilities, and cost recovery by electric corporations of wildfire-related damages.
SB 1028 (Hill, Chapter 598, Statutes of 2016) required electric CPUC-regulated utilities to file annual wildfire mitigation plans and requires the CPUC to review and comment on those plans.
Staff Comments:
CEC costs. This bill would require a substantive effort by the CEC to lead a large RFP study to identify whether there is value in moving IOUs to some other structure and to develop a strategy for this shift. The CEC notes that the bill has an unusual amount of detail on what the CEC needs to do to issue the RFP and on the scope of the study compared to what is typically in statute when the CEC is required to undertake an RFP. The CEC believes this multi-year effort would be challenging to complete in the timeline that is in the bill and would require a substantial level of effort by CEC staff and leadership. The CEC expects that this work would take at least double the amount of time provided in the bill.
The main funding source supporting CEC is ERPA, which was established to provide funds for ongoing energy programs and energy as established to provide funds for ongoing energy programs and energy projects, including the operations of the CEC. ERPA is supported by a statutory surcharge on electricity consumption. According to the CEC, as building and appliance energy efficiency and the increase of behind-the-meter solar produce customer savings and flatten statewide electricity consumption, ERPA revenues have decreased, and the costs have been borne by fewer and fewer customers. Even as revenues drop, ERPA is repeatedly tapped to support new programs and must cover increases in employee compensation and benefit contributions.
As part of the 2022-23 budget, the Legislature passed trailer bill language that raised the statutory cap on the ERPA surcharge, tied the statutory cap to the Consumer Price Index, and extended the surcharge to behind-the-meter electricity consumption. Using ERPA to fund implementation of this bill would increase ERPA expenditures thereby exacerbating the structural deficit. A better funding source may need to be identified.
Potential ratepayer impacts. As noted above, efforts to underground electrical infrastructure can be costly. However, the risk of utility equipment igniting fires can also pose significant costs on utility customers given the associated liability and potential impacts of the borrowing costs to the utility. With the growing risks of fires and the expenses associated with other strategies, including the costs of ongoing vegetation management, electric utilities are reassessing these costs and calculations. In the case of PG&E, the utility contends that undergrounding 10,000 miles of electric distribution utility lines will help to better mitigate the risks for the long-term. SCE has been working with affected communities in southern California for their rebuild in an attempt to also underground electric lines. This bill attempts to allay concerns about ratepayer costs by requiring shareholders to fund many of the activities related to rebuilding infrastructure after a natural disaster or to address wildfire risk. However, as noted in the analysis for the Senate Energy, Utilities, & Communications Committee, it is likely this language could result in concerns about Constitutional takings issues, and this approach could result in diminished financing opportunities for utility operations that could also increase costs for customers.
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SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS
Senator Josh Becker, Chair
2025 - 2026 Regular
Bill No: Hearing Date: 4/21/2025
Author: | |||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
SUBJECT:
DIGEST: This bill contains various provisions intended to provide accountability of investor-owned utilities (IOUs), including a transition feasibility study to transition the large gas and electric IOUs’ operations to a successor entity; requirements regarding the auditing and replacement of electrical infrastructure; and protections from disconnections due to nonpayment for households with specified individuals, including someone who is pregnant; among other provisions.
ANALYSIS:
Existing law:
- Establishes and vests the California Public Utilities Commission (CPUC) with regulatory authority over public utilities, including electrical corporations and gas corporations. (Article XII of the California Constitution)
- Establishes and vests the State Energy Resources Conservation and Development Commission (California Energy Commission (CEC)) with various responsibilities for developing and implementing the state’s energy policies. (Public Resources Code §25000 et seq.)
- Establishes the Office of Energy Infrastructure Safety (OEIS) within the Natural Resources Agency, as established by the California Energy Infrastructure Safety Act, and provides that, on and after July 1, 2021, the OEIS is the successor to, and is vested with, all of the duties, powers, and responsibilities of the Wildfire Safety Division of the CPUC. (Government Code §§15470 et seq. and 15475.6, Public Utilities Code §§326 and 8385
- Authorizes the CPUC to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. (Public Utilities Code §451)
- Authorizes the CPUC to supervise and regulate every public utility in the state and to do all things necessary and convenient in the exercise of such power and jurisdiction. (Public Utilities Code §701)
- Requires each electrical corporation to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. (Public Utilities Code §8386)
- Requires the CPUC to establish an expedited utility distribution infrastructure undergrounding program and provides that only large electrical corporations may participate in the program. (Public Utilities Code §8388.5)
- Prohibits an electrical corporation, gas corporation, or water corporation from terminating a customer’s residential service for nonpayment of a delinquent account in certain circumstances, including, among other circumstances, unless the corporation first gives notice to the customer of the delinquency and impending termination, during the pendency of an investigation by the corporation of the customer’s dispute or complaint, or when the customer has been granted an extension of the period for payment of a bill. (Public Utilities Code §779.1)
- Prohibits an electrical corporation from recovering from ratepayers an annual salary, bonus, benefit, or other consideration of any value paid to an officer of the electrical corporation, and requires that compensation to instead be funded solely by shareholders of the electrical corporation. (Public Utilities Code §706)
- Establishes the Wildfire Fund to pay eligible claims arising from a covered wildfire, as provided. Requires the CPUC to initiate a rulemaking proceeding to consider using its existing authority to require certain electrical corporations to collect a nonbypassable charge from its ratepayers to support the Wildfire Fund, and requires the CPUC to direct those electrical corporations to collect that charge if the CPUC determines that the imposition of the charge is just and reasonable and that it is an appropriate exercise of its authority. (Public Utilities Code §§3289 and 3291)
- Establishes procedures under which electrical corporations are required to reimburse the Wildfire Fund for amounts disallowed by the CPUC for recovery from ratepayers. Requires an electrical corporation to reimburse the fund for the full amount of costs and expenses the CPUC determined were disallowed, except as provided. Provides that those exceptions do not apply if the administrator of the Wildfire Fund determines that the electrical corporation’s actions or inactions that resulted in the covered wildfire constituted conscious or willful disregard of the rights and safety of others. (Public Utilities Code §3292)
This bill:
Relevant to the study on the transitioning the IOU model to a successor entity
- Makes numerous findings and declarations concerning the electric IOU model, the increase in electricity rates, utility record profits wildfires caused by utility infrastructure, concerns that electric IOUs prioritize profits over the safety and well-being of the ratepayers and residents of California.
- Requires the CEC, in coordination with the public advisor and the CPUC, on or before March 31, 2026, to issue a request for proposals for a team to develop a study. Requires the study to:
- conduct a historical energy justice assessment of the IOU operations and impacts;
- complete a comparative analysis of the benefits and challenges of transitioning the IOUs to a successor entity in order to identify a recommended model; and
- if the study finds that it is in the best long-term interests of the people and ecologies of California to transition away from an IOU model, create a justice-centered implementation plan for managing the transition.
- Requires the CEC, on or before June 30, 2026, to select the study team that is awarded the contract.
- Requires the CEC to hold a public proceeding and submit a report of the study team’s findings and recommendations to the Legislature no later than 24 months after selecting the study team for the feasibility portion of the study, and no later than 36 months after selecting the study team for the implementation plan portion of the study.
- Requires the CEC to require the study team to select and convene an advisory council by December 31, 2026, to participate in the study of the vision for a new energy system, as provided. Requires, upon completion of the first two study components, the study team, in consultation with the advisory council, to provide a recommendation for a particular successor entity type to the CEC.
- Requires the CEC to vote to approve the study and recommended successor entity on or before September 30, 2028.
- Requires, upon approval by the CEC, the study team to begin work to create a justice-centered implementation plan. Requires the CEC to vote to approve the implementation plan no later than October 31, 2029.
Relevant to utility disconnections due to nonpayment
- Makes several findings and declarations regarding access to electricity and heating services as a human right, and essential to the health, safety, and welfare of the people of this state.
- Prohibits a utility, including an electrical corporation, local publicly owned electric utility, gas corporation, and local publicly owned gas utility, from disconnecting a customer’s residential service for nonpayment if the customer has a household income at or below 200% of the federal poverty line.
- Prohibits a utility from disconnecting a customer’s residential service for nonpayment if the customer’s household is the residence of certain persons, including a person who is pregnant or 0 to 12 weeks postpartum, a person who is 65 years or older, a person with a disability, and others.
- Requires, on or after January 1, 2026, each electrical corporation and gas corporation to automatically reconnect all households that are eligible for protection under the provisions of this bill noted above in (9) and (10).
- Requires the CPUC to establish a citation program to impose a penalty on an electrical corporation or gas corporation that violates the above prohibitions on disconnections and requirements to reconnect service.
- Authorizes the CPUC, a customer, or a member of the customer’s household to bring an action in state court for equitable relief regarding a utility’s or community choice aggregator’s (CCAs) use of any method, act, or practice inconsistent with the above-described provisions.
- Requires a utility to offer a residential customer who meets the income or specified household members, noted in (10), a payment plan for the customer’s electrical and gas service that includes a percentage of income payment plan.
- Requires each utility providing electrical service or gas service, or both, to residential customers to collect and submit to the CPUC monthly data on electrical and gas service terminations, reconnections, bill assistance and payment agreements, arrears, and created and broken payment plans.
Relevant to electric IOU executive compensation
- Requires each electrical corporation, on or before April 1, 2026, to submit a proposed executive compensation structure to the CPUC that is structured to promote safety as a priority and to ensure public safety through performance metrics.
Relevant to proposed rate increases by electrical corporations
- Prohibits, for proposed rate increases subject to CPUC approval and a finding that the new rate is just and reasonable, an electrical corporation from proposing a compounded annual rate increase on residential customers above the increase in the Consumer Price Index (CPI).
- Prohibits, for proposed rate increases not subject to CPUC approval and a finding that the new rate is just and reasonable, an electrical corporation from proposing more than one rate increase per year and prohibits the rate increase from applying to customers enrolled in the California Alternate Rates for Energy (CARE) and the Family Electric Rate Assistance (FERA).
Relevant to the Wildfire Fund
- Requires the CPUC to revise the CPUC decision related to the Wildfire Fund nonbypassable charge in order to reduce the charge imposed on ratepayers to an amount equal to five percent of the costs to support the Wildfire Fund, and requires each electrical corporation to contribute the remaining 95% of the costs to support the fund.
- Provides that, for purposes related to reimbursing the Wildfire Fund, evidence that an electrical corporation’s action were prudent includes common sense best practices such as conducting annual audits and replacing equipment that has outlived its usable life, and deenergizing the electrical grid under threatening conditions.
Relevant to auditing and replacement of electrical corporation infrastructure
- Requires each electrical corporation to triennially contract with an independent and reputable third party to audit all of the electrical corporation’s equipment and electrical lines and identify any equipment or electrical lines that have reached their end of life. Requires the audit to be completed in alignment with the wildfire mitigation plan cycle, as specified. Requires an electrical corporation to replace any equipment or electrical lines identified by the third-party auditor that are located in a high fire-threat district within 5 years, as provided. Requires the CPUC to assess fines on an electrical corporation that fails to comply with these provisions, as specified.
- Requires the OEIS to develop a best value procurement model for all electrical corporation infrastructure projects, as specified. Requires each electrical corporation, for all infrastructure projects, to demonstrate to the CPUC that the selected contractor is the best value contractor, as specified.
- Requires, after an emergency or disaster in which an electrical corporation’s electrical infrastructure was destroyed, if the electrical corporation rebuilds the destroyed electrical infrastructure, the electrical corporation to use the most cost-effective wildfire mitigation strategies that conform to state and industry safety standards for electrical equipment and that minimize the risk of catastrophic wildfire as quickly as possible, including consideration of undergrounding and covered conductor methods, to the extent applicable.
- Prohibits the cost of undergrounding, installing covered conductors, or other cost-effective wildfire mitigation strategies for the electrical infrastructure from being recovered from ratepayers.
Background
IOU model and the regulatory compact. In its early days, only a small fraction of the country (roughly eight percent in 1907) received electricity service. At the time, numerous companies with different electric systems in the same city provided service to those who could afford it. Many residents and businesses relied on other less expensive energy forms (such as steam, natural gas, and oil) to power lamps, motors, and manufacturing facilities. Competition was fierce and multiple electric lines strung across urban areas. Thomas Edison’s former secretary, Samuel Insull, pushed the idea of a natural monopoly for electricity service with government economic regulation – the regulatory compact. The natural monopoly model afforded vertically integrated utilities, both public and private, to prosper and expand (along with federal actions to expand hydroelectricity and rural electrification), the IOU model generally supported universal access, economies of scale, and steady financing. Over the past hundred years, the model has shifted with some aspects of competition, particularly in California with the 1990s restructuring of the vertically integrated IOU model, pursuant to CPUC orders and legislation, IOUs divested of significant portions of their generation. Ultimately, the state experienced an energy crisis, due to manipulation by nefarious actors (including Enron), and a restructured market that lacked some of the safeguards to protect customers.
Since the energy crisis of 2000-01, the electricity landscape has changed significantly, with the growth of CCAs, the limits of electric service providers, Federal Energy Regulatory Commission orders for open access of transmission lines, requirements for resource adequacy to ensure sufficient supply, and policies to diversify resources, including renewable and zero-carbon energy. In California, as in much of the country, both IOU and publicly owned utility (POU) utility models exist (as well as, rural cooperatives). Frustrations regarding profit-making by shareholders within the IOU model have often been a source of anger and frustration, particularly so at times when customers’ electricity utility bills run high. In California, the combination of high electricity bills, recent catastrophic wildfires caused by electrical infrastructure (Camp Fire, Dixie Fire, Thomas Fire to name a few), and the proactive power shutoffs employed by the IOUs to prevent catastrophic fires have further raised the ire of their customers.
Inverse condemnation and Wildfire Fund. After those recent wildfires, the IOU model was further shaken due to the combination of claims from those fires as the California Constitution provides the basis for recovery against government entities and public utilities via the theory of inverse condemnation. Section 19 of Article 12, requires that just compensation be paid when private property is taken for public use. This is commonly understood as eminent domain. In the case where a property is damaged by a public improvement project, the application is known as inverse condemnation, unlike in cases of negligence, the responsible entity is held strictly liable where a public improvement causes property damage. The California Supreme Court and appellate courts have held that inverse condemnation is applicable to IOUs (Gay Law Students Association v. Pacific Telephone & Telegraph Co. (1979) 23 Cal.3d 458, 469), and (Barham v. Southern California Edison Company (1999) 74 Cal. App 4th 744).
Pacific Gas & Electric (PG&E) filed for bankruptcy due to their credit ratings being downgraded by the credit ratings agencies to a point characterized as “junk status.” The credit ratings downgrade occurred following information that the CPUC was investigating PG&E concerning gas safety reporting violations, on the heels of the Camp Fire which was speculated (and since found to have been) caused by PG&E electric infrastructure, and in the midst of a criminal probation stemming from the San Bruno gas pipeline explosion. Nearly a week after the downgrade, PG&E notified its workforce (and the public) that it intended to file for Chapter 11 bankruptcy protection on or around January 29, 2019. Subsequently, the Legislature and Governor established a process to allow for claims paying capacity from covered wildfires via a Wildfire Fund that would be capitalized up to $21 billion, with half paid by shareholders and the other half from ratepayers. The fund has received nearly $15 billion including annual contributions (as required by the statute) from shareholders for electrical corporations that chose to participate and from a nonbypassable charge on electric IOU customers of roughly $0.0056 per kilowatt hour of electricity.
Addressing safety risks from energy utility operations. The CPUC oversees the development of the risk framework each IOU uses as basis for analyzing their risks. The risk framework includes a Risk Assessment Mitigation Phase (RAMP) whereby CPUC staff scrutinize energy IOU safety-risk threat assessments along with associated proposed mitigation plans and estimated costs and spending requests. The risk reports are submitted to the CPUC on a four-year cycle basis to inform applications and approval of system-wide IOU operating and capital spending. In addition to the RAMP filings, the Safety Model Assessment Proceeding (S-MAP) is a parallel rulemaking track at the CPUC to continually refine and improve the RAMP and its associated mandates. The S-MAP continuously updates utility risk-related requirements and provides interpretations to support California utilities’ capacity building to respond to new and growing risks and makes use of the latest risk-modeling science. RAMP and S-MAP efforts inform each energy IOUs’ general rate case (GRC) and help the CPUC (and stakeholders) assess whether the utilities are properly directing resources to wildfire and safety risks.
Wildfire mitigation plans (WMPs). In addition to the RAMP and S-MAP processes, the state has created a separate entity, the OEIS, and a special process to review wildfire-related risks via electric IOU WMPs. Electric IOUs are required to annually file WMP updates and a comprehensive WMP every three years with guidance by OEIS, which reviews and determines whether to approve these plans and ensures compliance with guidance and statute. Under this framework, the OEIS is responsible for reviewing, approving or denying and overseeing compliance with WMPs, while the CPUC evaluates the reasonableness of costs associated with implementation of the WMPs for purposes of cost recovery and has enforcement authority with regard to electric IOUs’ performance of their WMPs and utility-caused wildfire. Further, SB 884 (McGuire, Chapter 819, Statutes of 2022) required the CPUC to establish a program for expediting the undergrounding of large electric IOUs distribution infrastructure. Electric IOUs with 250,000 or more customer accounts may participate in the program. Electric IOUs wishing to participate in the program must first submit their 10-year plan to OEIS for review who must approve or deny the plan within nine months. If OEIS approves the plan, the electric IOU submits an application to the CPUC for conditional approval of the plan’s costs.
Wildfire mitigation as significant driver of costs in electric utility bills. The CPUC in its most recent SB 695 Utility Cost Report has noted that wildfire-related costs are a key driver putting upward pressure on customers’ electric rates. The CPUC has stated that over the next several years, wildfire risk mitigation costs are projected to continue their upward trend. In a recent study by the Energy Institute at Haas “Risk-Cost Tradeoffs in Power Sector Wildfire Prevention”, the authors note that in 2023 WMPs, California electric IOUs proposed investing over $9 billion annually to reduce wildfire ignition risk. PG&E’s recent GRC included authorization to underground up to 1200 miles of electric distribution lines. This contributed to the overall rate increases that customers are experiencing this year, roughly $35 per month more for the average utility bill, with another rate increase approved for a portion of the utility’s wildfire-related expenses, and the expectation that more are on the horizon. PG&E is also pursuing efforts to underground 10,000 miles of electric distribution lines in areas with high-fire risk with the intent to reduce wildfire ignition risk by approximately 99% as the best long-term solution for keeping customers and communities safe. In the case of Southern California Edison (SCE) and San Diego Gas & Electric (SDG&E), their wildfire mitigation costs may be on a downward trend in the mid- to long-term, as much of their mitigation has been or will be completed, though they had less reliance on undergrounding lines as a primary strategy. Additionally, recent wildfires in Southern California may affect this trajectory.
Process for disconnecting electric and gas utility service. The process of disconnecting service due to nonpayment by an electrical or gas corporation is governed by existing statutory minimum timeline requirements, the practices that were adopted in CPUC Rulemaking 10-02-005, and reflected in Tariff Rule 11 for electric utilities and Rule 9 for gas utilities. In general, the rules require a utility to mail a 15-day written notice to the customer for disconnection due to non-payment. The second step requires a 48-hour written notice mailed to the customer, including an in-person visit for customers on life support or other life-threatening medical condition. Lastly, the utility makes an outbound call on the day of the scheduled disconnection, but before disconnecting service, in order to offer a payment plan option.
Utility bill assistance. There are several programs that provide eligible utility ratepayers with utility bill assistance. They include:
- CARE program – The CARE program provides a discount of up to 35% reduction in utility bills to low-income ratepayers whose income falls below 200% of the federal poverty guidelines.
- FERA program – For household incomes that slightly exceeds the CARE program eligibility, the program provides an 18% line-item discount on electric bills for households whose income falls between 200% and 250% of federal poverty guidelines.
- Medical baseline allowance – Per statute, utilities are required to provide additional baseline allowance of electric or gas service for customers facing life-threatening conditions or on life support. Electric and gas corporations currently administer medical baseline, and, as such, have existing processes for identifying these customers, including requiring physicians and other medical personnel to certify as to the medical condition. Customers on medical baseline are also provided the opportunity to amortize their bill payment, for a period up to 12 months, in order to avoid disconnection of service.
- Payment plan options – In addition to rate assistance programs, utilities provide ratepayers payment plan options that can spread the costs of their bills over a limited time period, generally three months to twelve months, depending on the utility and circumstances.
- Low Income Home Energy Assistance program (LIHEAP) – Federal energy assistance program that helps low-income customers heat their homes. In addition to weatherization services, the program provides one-time assistance funds for ratepayers facing a utility disconnection. The U.S. Congress appropriates funding for LIHEAP, including over $4 billion for 2025, most of which has been sent to states to administer the program. However, recent Trump administration actions, including the recent firing of LIHEAP staff, raise concerns about the ability of the program to provide this critical safety net in future years.
- Energy Savings Assistance (ESA) program – Additionally, there are assistance programs to help reduce energy costs through weatherization improvements and appliance rebates for customers on CARE and FERA.
SB 598 (Hueso, Chapter 362, Statutes of 2017). Prior to the COVID-19 pandemic, the number of utility disconnections due to nonpayment had been trending upwards among the four largest utilities–(PG&E, SDG&E, SCE, and Southern California Gas Company (SoCalGas). In response to the rise of electric and gas utility disconnections due to nonpayment, the Legislature passed SB 598. The bill prohibited electrical and gas corporations from disconnecting service due to nonpayment from customers facing life-threatening medical conditions when the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement. The bill also required the CPUC to adopt rules, policies and regulations with the goal of reducing the statewide level of gas and electric utility service disconnections for nonpayment by residential customers. Additionally, SB 598 required consideration of utility disconnections in utility GRCs and required the CPUC to submit a report to the Legislature on residential gas and electric service disconnections.
CPUC Rulemaking 18-07-005. In response to SB 598, in July 2018, the CPUC opened a rulemaking proceeding (R. 18-07-005), Order Instituting Rulemaking to Consider New Approaches to Disconnections and Reconnections to Improve Energy Access and Contain Costs. The proceeding has been very active and robust, with many stakeholders participating, including ratepayer organizations, utilities, CCAs, and organizations representing particular stakeholders. The primary goal of the proceeding is to reduce residential disconnections and improve reconnection processes. Within the proceeding there have been several CPUC decisions to require new policies and new pilot programs to address electric and gas residential utility disconnections. Overlapping the timing of these decisions are related policies to address the COVID-19 pandemic. Various CPUC decisions have further authorized payment plans, percent of income payment plan pilots, arrearage management plans and others.
Comments
Need for this bill. The author states:
Californians who are customers of investor-owned utilities are being financially crushed by the constant rate increases and devastated by wildfires caused by poorly maintained infrastructure. As policymakers, it is our responsibility to address these issues and ensure there is greater accountability to the public, better safety and stability of our infrastructure, and increased affordability for ratepayers. Investor-owned utilities are legal monopolies that must operate within the statutory and regulatory framework we establish. While they are permitted to profit, they are not entitled to financially gouge Californians. According to the January 7th report from the Legislative Analyst’s Office, rates are nearly double the rest of the nation and these high rates are driven by the three largest investor-owned utilities. They also state that the rates of investor-owned utilities are more than 50 percent higher than rates charged by publicly-owned utilities. The CPUC is not required to render decisions that prioritize safety and cost effectiveness for ratepayers. Additionally, the CPUC has not denied a rate increase in over 20 years. We must take action to rein in the investor-owned utilities and ensure they are serving the best interests of Californians.
Study of IOU model. The first several sections of this bill would require the CEC to work with the Disadvantaged Communities Advisory Group, the CPUC and the CEC Public Advisor, to contract a third-party consultant to examine historical energy justice assessment of the IOU model. The criteria would largely tip the scale towards a review that finds the IOU model not in the best long term interests of the people and ecologies of California. Numerous provisions of the language in this bill related to the study reflect a strong desire to transition away from the IOU model.
Costs to underground electric utility infrastructure. While the electric utilities incorporate undergrounding efforts in their WMPs, it is a strategy that had been utilized for very few of their electric circuit lines, largely due to costs in comparison to other mitigation options, and the long-lead time for undergrounding projects. According to data gathered from electric IOUs, and analyzed by the CPUC, converting overhead distribution infrastructure to underground can be 10 times more expensive than installing new distribution overhead lines and undergrounding of electric distribution lines can be eight times more expensive than insulating (covering) the conductors (wires) to prevent them from igniting when contacting vegetation and other foreign objects. Per the data collected from PG&E, SCE and SDG&E, the costs for undergrounding existing overhead distribution infrastructure can range between $1.85 million to $6.072 million per mile. Costs to underground electric transmission lines can be exponentially more.
Costs of other mitigation measures. Generally, electric utilities are incorporating other wildfire mitigation measures that can be more cost-effective, including covered conductor, sectionalizing circuit lines, vegetation management, and operational controls such as fast-trips and public safety power shutoffs. Per the data collected by the CPUC, installing new overhead distribution infrastructure is much less expensive. On average, the costs to install new overhead distribution infrastructure is between $634,000-$760,000 per mile, according to the electric utilities’ Rule 21 interconnection unit cost guides. PG&E has shared that their undergrounding efforts are averaging under $3 million per mile and overhead upgrades are averaging just over $1 million. The Energy Institute at Hass report on wildfire mitigation prevention measures notes that undergrounding powerlines, despite the higher investment cost, is more cost effective than pruning and removing vegetation. However, new operational controls, especially the use of “fast-trip” settings is significantly more cost effective than other strategies.
Tradeoffs abound! The OEIS has proposed some level of review on interim measures that may be needed when mitigation measures can not be implemented within a year. Additionally, OEIS reports an intention to incorporate cost-effectiveness criteria, in line with the CPUC’s updated cost-benefit approach within the RAMP and S-MAP processes.
Ratepayer impacts, shareholder costs? As noted above, efforts to underground electrical infrastructure can be costly. However, the risk of utility equipment igniting fires can also pose significant costs on utility customers given the associated liability and potential impacts of the borrowing costs to the utility. With the growing risks of fires and the expenses associated with other strategies, including the costs of ongoing vegetation management, electric utilities are reassessing these costs and calculations. In the case of PG&E, the utility contends that undergrounding 10,000 miles of electric distribution utility lines will help to better mitigate the risks for the long-term. SCE has been working with affected communities in southern California for their rebuild in an attempt to also underground electric lines. This bill attempts to allay concerns about ratepayer costs by requiring shareholders to fund many of the activities related to rebuilding infrastructure after a natural disaster or to address wildfire risk. It is likely this language could result in concerns about Constitutional takings issues. As this bill moves forward, the author may wish to review this approach as it could also result in diminished financing opportunities for utility operations that could also increase costs for customers.
Need for amendments. Amendments are needed to address many of the concerns about some of the far-reaching aspects proposed in this bill, including the wide range of protections against utility disconnections from nonpayment, limiting rate increases to the CPI which could result in unintended consequences, changes to the Wildfire Fund that could limit recovery for claims by wildfire survivors, and others. The author and committee may wish to consider the following amendments:
- As it relates to the IOU study, delete provisions that require development or adoption of an implementation plan.
- As it relates to best value procurement model, ensure it is developed by the CPUC, instead of OEIS, and ensure it is consistent with existing labor contracts and protections and remove any language requiring its implementation.
- Delete provisions related to changes to the Wildfire Fund.
- Delete provisions related to capping rate increases to a consumer price index.
- Delete provisions related to protections for disconnections due to nonpayment and replace with quarterly reporting by utilities (on their respective websites) of specified disconnections data.
Dual Referral. Should this bill be approved by this committee, it will be re-referred to the Senate Judiciary Committee.
Prior/Related Legislation
SB 636 (Menjivar) of the current legislative session, prohibits an electrical or gas corporation from disconnecting service of a customer for three months, if the customer is participating in specified low-income assistance programs and is experiencing specified hardships. The bill is pending in the Senate Appropriations Committee.
SB 24 (McNerney) of the current legislative session, among its provisions, prohibits electrical or gas corporations from terminating residential or commercial service for nonpayment on days (and three days after) when the air quality index is unhealthy for sensitive groups. The bill also prohibits executive compensation of electrical and gas corporations from being recovered from ratepayers. The bill is pending in this committee.
SB 1142 (Menjivar, Chapter 600, Statutes of 2024) proposed policies related to disconnection of electric and gas utility service, including requiring the CPUC, on or before July 1, 2025, to determine whether to direct electrical and gas corporations to take into account a customer’s ability to pay before terminating or reconnecting services.
SB 1003 (Dodd) of 2024, makes numerous changes to the processes for addressing wildfire mitigation by electrical corporations, and other electric utilities, including clarifying the roles of relevant state agencies in addressing wildfire risk; and requires electrical corporations to take into account both the amount of wildfire risk reduction for the cost-effectiveness and time value of the proposed mitigation measure within the utility’s wildfire mitigation plan. The bill was held on the Assembly Floor.
SB 884 (McGuire, Chapter 819, Statutes of 2022) required the CPUC to establish an expedited electric utility distribution infrastructure undergrounding program for large electrical corporations. Requires the OEIS to approve or deny the plan within nine months and requires additional actions and reports.
AB 1054 (Holden, Chapter 79, Statutes of 2019) included numerous provisions related to addressing wildfires caused by electric utility infrastructure, including: bolstering safety oversight and processes, such as required updates to each electric corporation’s WMPs, recasting recovery of costs from damages to third-parties, including the authorization for an electrical corporation and ratepayer jointly funded Wildfire Fund to address future damages, and changes to provisions concerning the workforce of a change of ownership of a full or portion of an electrical or gas corporation.
SB 901 (Dodd, Chapter 626, Statutes of 2018) addressed numerous issues concerning wildfire prevention, response and recovery, including funding for mutual aid, fuel reduction and forestry policies, WMPs by electric utilities, and cost recovery by electric corporations of wildfire-related damages.
SB 1028 (Hill, Chapter 598, Statutes of 2016) required electric CPUC-regulated utilities to file annual wildfire mitigation plans and requires the CPUC to review and comment on those plans.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
SUPPORT:
Center for Biological Diversity (Co-Sponsor)
Reclaim Our Power: Utility Justice Campaign (Co-Sponsor)
Councilmember Cecilia Lunaparra, City of Berkeley, District 7
Councilmember Claudia Jimenez, City of Richmond, District 6
Councilmember Igor Tregub, City of Berkeley, District 4
Councilmember Soheila Bana, City of Richmond, District 4
350 Bay Area Action
350 Humboldt
350 Southland Legislative Alliance
Ban SUP (single Use Plastic)
Bay Area System Change Not Climate Change
Biofuelwatch
California Alliance for Community Energy
California Climate Voters
California Environmental Justice Alliance Action
California Environmental Justice Coalition
California Green New Deal Coalition
California Interfaith Power and Light
California Solar & Storage Association
Catholic Charities of Stockton
Center for Community Action and Environmental Justice
Center for Community Energy
Central Valley Partnership
Climate Action California
Climate Action Campaign
Climate Equity Policy Center
Climate Health Now
Coalition for Economic Equity and Economics
Collective Resilience
Communities for a Better Environment
Consumer Watchdog
Courage California
Democratic Socialists of America, Sacramento
Democrats of Rossmoor
Disability Justice Culture Club
Doing Good Works
Environmental Working Group
Feed Black Futures
Friends of the Public Bank East Bay
Frontline Catalysts
HODG
Human Impact Partners
Indigenous Environmental Network
Indigenous Justice
Indivisible CA Statestrong
Institute for Local Self-reliance
Local Clean Energy Alliance
Long Beach Alliance for Clean Energy
Los Angeles County Democratic Party
Media Alliance
Mineral Baths Community Gardens
National Association of Climate Resilience Planners
North American Climate, Conservation and Environment
Oil & Gas Action Network
Parable of the Sower Intentional Community Cooperative
Partners for Collaborative Change
Party for Socialism and Liberation
People's Climate Innovation Center
PODER
Public Power San Diego
Regenerating Paradise
Resources for Community Development
Sacramento Environmental Justice Coalition
Saginaw CAP
San Diego DSA
San Diego350
Santa Cruz Climate Action Network
Solar United Neighbors Action
Solidarity, Bay Area
Stop PG&E
Sunflower Alliance
Sustainable Rossmoor
Sustainable Systems Research Foundation
Synergistic Solutions
The Climate Center
Third ACT
Third ACT Bay Area
Third ACT SoCal
Urban Ecology Project
Urban Tilth
Vote Solar
Wellbeing Economy Alliance California
West Berkeley Alliance for Clean Air and Safe Jobs
Youth vs. Apocalypse
Several Individuals
OPPOSITION:
California State Association of Electrical Workers
Coalition of California Utility Employees
North American Wood Pole Council
Pacific Gas and Electric Company
San Diego Gas & Electric
Southern California Edison
Southern California Gas Company
Treated Wood Council
Western Wood Preservers Institute
Several Individuals
ARGUMENTS IN SUPPORT: The Center for Biological Diversity and Reclaim Our Power: Utility Justice Campaign, co-sponsors of this bill states:
Over the past years, catastrophic wildfires have grown in frequency and severity, caused or accelerated by our reliance on an antiquated and dangerous IOU business model that prioritizes profits over public health. Over the past three years, the IOUs have recorded record profits, while ratepayers’ bills have gone up on average over 50%. Now, Californians face an affordability crisis that has over 6 million people behind on their bills, some so severely that record numbers of families are facing potentially life-threatening disconnections.
SB 332 would go a long way to address these systemic problems. In particular, the bill would fund a feasibility study to determine what form of utility best serves ratepayers.SB 332 is a critical bill to help us achieve our decarbonization and climate targets, by assessing and remedying the broken—and monopoly—utility system, ensuring the safety of our electrical infrastructure, addressing the significant energy burdens faced by California households, and providing protections for the State’s most vulnerable populations.
ARGUMENTS IN OPPOSITION: Pacific Gas & Electric states:
While we share the goals of improving safety, affordability, and accountability, we believe that SB 332 presents a flawed and incomplete view of the challenges faced by IOUs and fails to account for the significant regulatory oversight already in place.
PG&E urges the author and sponsors “to reconsider the provisions of this bill and work with stakeholders to develop a more balanced and effective approach to addressing the complex issues facing California’s energy system.”
The Coalition of California Utility Employees and the California State Association of Electrical Workers states:
While the bill attempts to address important issues – energy affordability and safety – most of the bill’s provisions fail to offer cogent, effective measures to tackle these issues. Instead, it is an “everything but the kitchen sink” spattering of ill-conceived ideas that would do nothing to help energy affordability or safety. Some of the provisions would increase electricity bills and hinder safety.
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Discussed in Hearing
Assembly Standing Committee on Utilities and Energy
Senate Floor
Senate Standing Committee on Appropriations
Senate Standing Committee on Energy, Utilities and Communications
Bill Author
Bill Co-Author(s):