San Francisco Chronicle

State needs to change liability laws

- By Steve Malnight Steve Malnight is the senior vice president, strategy and policy, of Pacific Gas and Electric Co.

California is facing a challengin­g future, and anyone following the news of our state’s wildfires will understand why.

In the past 10 months, California has seen six of the 20 most destructiv­e wildfires in its history. Two of these fires, including the largest in state history, are still burning. The devastatin­g effects of climate change are unfolding here and now, yet the threat is only projected to get worse. The American Meteorolog­ical Society anticipate­s that wildfire risk in California will increase sixfold in the coming decades.

This problem is bigger than any one industry, and we must work together to solve it. At the same time, we must recognize that yesterday’s laws will not protect us from tomorrow’s devastatin­g wildfires.

Our leaders in Sacramento have been tasked with developing comprehens­ive solutions that will help protect all California­ns in the years to come.

PG&E is participat­ing in these discussion­s, and our position is simple: We support reform that will protect wildfire victims, our customers and California’s clean energy future, while also holding utilities accountabl­e if they fail to meet the state’s high standards.

We believe that any solution will be incomplete without accounting for the victims of the 2017 wildfires. To that end, PG&E supports AB33, which will compensate victims, reduce customer bill impacts and ensure utility accountabi­lity.

This bill will allow PG&E to use state-authorized low-cost bonds to raise the funds to pay the costs of the Wine Country fires, reducing customer costs by nearly a third when compared with traditiona­l utility financing methods, while allowing for prompt resolution of damage claims. To be clear, this bill is not a free pass for utilities. It provides for the California Public Utilities Commission to review all costs. In the event they are not deemed reasonable, costs will not be borne by customers.

While the Legislatur­e must address the victims of the 2017 wildfires, recent events demonstrat­e that the question of how liability is assessed for future wildfires must also be a part of the conversati­on.

Under today’s policies, utilities can be held strictly liable for damages caused by their equipment, even when they have followed establishe­d safety and compliance rules. The state’s applicatio­n of this policy presumes that these costs will be passed on to all customers.

The proposed reforms would not offer a free pass for wrongdoing. If a utility is found negligent, then victims could still seek compensati­on, just as they can today.

We believe reforming these outdated laws represents a vital step toward the state’s goal of delivering 50 percent of our energy from renewable resources by 2030. California’s investor-owned utilities, including PG&E, are the single biggest partner the state has in meeting these clean energy goals. PG&E has spent nearly $19 billion in renewable energy procuremen­t and generation from 2003 to 2017. Looking ahead, PG&E forecasts spending an additional $28 billion through 2030 toward procuremen­t of renewable energy. This amounts to a total clean energy investment by PG&E of $47 billion. Maintainin­g these commitment­s and delivering on the clean energy California deserves depends on financiall­y stable utilities to support these long-term investment­s.

Our climate has changed, yet California’s liability laws haven’t kept pace. Without a solution, these outdated laws threaten to jeopardize our state’s clean energy progress and leave us vulnerable to the future effects of climate change.

As the Legislatur­e continues its work, we ask that the solutions to these climate-driven disasters not come at the expense of the state’s clean energy future.

 ?? Marcus Yam / Los Angeles Times 2017 ?? PG&E has announced it will take a $2.5 billion charge to cover its potential liability in several wildfires that scorched the Wine Country. Expenses may exceed that amount.
Marcus Yam / Los Angeles Times 2017 PG&E has announced it will take a $2.5 billion charge to cover its potential liability in several wildfires that scorched the Wine Country. Expenses may exceed that amount.

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