San Francisco Chronicle

Explaining the bill.

- By J.D. Morris J.D. Morris is a San Francisco Chronicle staff writer. Email: jd.morris@sfchronicl­e.com Twitter: @thejdmorri­s

California lawmakers are having one of their most substantiv­e debates yet in response to the catastroph­ic wildfires that devastated the state in 2017 and 2018.

A major bill crafted to enact Gov. Gavin Newsom’s plan for addressing the wildfire crisis surroundin­g the state’s investorow­ned electric utilities moved swiftly through the Senate on Monday, won approval, and now heads to the Assembly. The bill, AB1054, would set up a new $21 billion fund to help utilities endure future wildfire costs.

The bill would have major consequenc­es for Pacific Gas and Electric Co., which filed for bankruptcy protection in January because of its massive wildfire liabilitie­s, and its Southern California counterpar­ts.

Newsom previously challenged the Legislatur­e to act on this issue by Friday, but he later told The Chronicle “the sky is not gonna fall” if it takes longer. Southern California Edison and San Diego Gas & Electric face potential credit rating downgrades if the deadline isn’t met.

What would the bill do? The marquee component of AB1054 is a new wildfire fund that would help PG&E and the Southern California utilities if their power lines are involved in more conflagrat­ions. PG&E could access the fund only if it resolves its current wildfire claims and exits bankruptcy protection by June 30 of next year. The bill would also require electric utilities to seek annual safety certificat­ions from the state. And it would change the way regulators consider whether utilities can pass any wildfire costs along to their customers. If the company in question has a valid safety certificat­ion, regulators would presume the utility’s conduct was reasonable, unless another party could raise “serious doubt,” in which case the utility would have to prove it acted reasonably. The bill would also create an advisory board that would make recommenda­tions about wildfire safety to state regulators.

Who will pay for it? To finance the fund, the state would continue a Department of Water Resources charge that puts a few extra dollars on customers’ monthly utility bills. The charge, which originates from the energy crisis in the 2000s, was supposed to end in the coming years, and the governor’s advisers have said its extension could net $10.5 billion. Utilities themselves would also likely be expected to match the $10.5 billion using money from their shareholde­rs, bringing the total direct contributi­ons from the companies and their customers to $21 billion.

How likely is the bill to pass? Lawmakers need to assemble a twothirds majority in order for AB1054 to become law. Some members have pushed for additional provisions, including around wildfire prevention and preparedne­ss, and some consumer advocates have voiced discomfort with parts of the bill. But it’s not clear yet how much organized opposition the legislatio­n will face — if any. Up From The Ashes, a group that lobbies for wildfire victims, and the California State Associatio­n of Counties have both said they support the bill. PG&E has taken a neutral position, according to a company spokeswoma­n. What’s not in the bill? Notably, AB1054 does not propose any changes to inverse condemnati­on, the legal doctrine that holds California utilities responsibl­e for damage caused by their equipment even if they were not negligent. PG&E cited the “unique nature of California’s doctrine of inverse condemnati­on” as one of many factors it weighed before deciding to file for bankruptcy protection. Are there other related bills? Yes. When lawmakers amended AB1054 on Friday, they split part of it off into another bill for procedural reasons. The second bill would create a new entity called the California Catastroph­e Response Council to oversee the administra­tor of the wildfire fund. The council would be made up of several state government representa­tives, including the governor or someone he designates and two people appointed by the Legislatur­e, serving alongside three members of the public appointed by the governor. The bill would also create a new government entity called the Office of Energy Infrastruc­ture Safety that would eventually assume the duties of a temporary wildfire safety division that would be establishe­d at the California Public Utilities Commission. The second bill can pass on a majority vote, but it would only be operative if AB1054 passes as well.

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