CC SR 20190507 F - CCCA Fire Safety Rule 20A FundingRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/07/2019
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to receive and file a report on the City’s submittal of a
proposed conference resolution to the California Contract Cities Association calling on
the California Public Utilities Commission to factor fire safety into criteria for Rule 20A
funding
RECOMMENDED COUNCIL ACTION:
(1) Receive and file a report on the City’s submittal of a proposed conference
resolution to the California Contract Cities Association calling on the
California Public Utilities Commission to factor fire safety into criteria for Rule
20A funding
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Ac count Number(s): ###-###-####-####
ORIGINATED BY: Megan Barnes, Senior Administrative Analyst
REVIEWED BY: Gabriella Yap, Deputy City Manager
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Proposed Resolution (page A-1)
B. Background Information (page B-1)
BACKGROUND AND DISCUSSION:
On April 2, the Public Works Director gave the City Council a presentation on utility
undergrounding projects in the City, which are regulated by the state’s Electric Tariff
Rule 20 program. The presentation noted that unless undergrounding projects meet
limited criteria — in most cases, being located along a major street — they are ineligible
to be funded entirely by utility ratepayers under Rule 20A. Instead, the cost of these
projects is left to property owners who are proactive, willing and able to pay for them.
The City Council directed Staff to explore options for how to add public safety to the
criteria for Rule 20A funding, since power lines and electrical equipment are a leading
cause of brush fires. A conference resolution was identified as a potential avenue.
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Staff subsequently learned there was still time to submit a proposed resolution to the
California Contract Cities Association (CCCA) for its Annual Municipal Seminar May 16-
19 in Indian Wells. Due to the quick deadline, Staff was unable to bring the proposed
resolution before the City Council and submitted it on April 17 without cosponsors,
which are not required by CCCA. The proposed resolution calls on the California Public
Utilities Commission (CPUC) to amend Rule 20A to include projects in Very High Fire
Hazard Severity Zones to the list of criteria for eligibility. To facilitate more
undergrounding projects in these high-risk zones, the proposed resolution also calls on
the CPUC to require utilities to increase their allocations for Rule 20A projects.
CCCA staff confirmed receipt of the proposed resolution and said it will be posted to
membership before the May conference and presented during it. Staff can also pursue a
conference resolution for the League of California Cities’ Annual Conference & Expo in
October in Long Beach. The deadline for submissions is in August, so there will be
more time to gather support from other cities.
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RESOLUTION CALLING ON THE CALIFORNIA PUBLIC UTILITIES
COMMISSION TO AMEND RULE 20A TO ADD PROJECTS IN VERY
HIGH FIRE HAZARD SEVERITY ZONES TO THE LIST OF ELIGIBILITY
CRITERIA AND TO INCREASE FUNDING ALLOCATIONS FOR RULE
20A PROJECTS
WHEREAS, the California Public Utilities Commission regulates the
undergrounding conversion of overhead utilities under Electric Tariff Rule 20; and
WHEREAS, conversion projects deemed to have a public benefit are eligible to be
funded by ratepayers under Rule 20A; and
WHEREAS, the criteria under Rule 20A largely restricts eligible projects to those
along streets with high volumes of public traffic; and
WHEREAS, the cost of undergrounding projects that do not meet Rule 20A criteria
is left mostly or entirely to property owners under other parts of Rule 20; and
WHEREAS, California is experiencing fire seasons of worsening severity; and
WHEREAS, undergrounding overhead utilities that can spark brush fires is an
important tool in preventing them and offers a public benefit; and
WHEREAS, brush fires are not restricted to starting near streets with high volumes
of public traffic; and
WHEREAS, expanding Rule 20A criteria to include Very High Fire Hazard Severity
Zones would facilitate undergrounding projects that would help prevent fires; and
WHEREAS, expanding Rule 20A criteria as described above and increasing
utilities’ annual allocations for Rule 20A projects would lead to more
undergrounding in Very High Fire Hazard Severity Zones; and now therefore let it
be,
RESOLVED that by adoption of this resolution on May 17, 2019, the California
Contract Cities Association calls on the California Public Utilities Commission to
amend Rule 20A to include projects in Very High Fire Hazard Severity Zones to
the list of criteria for eligibility and to increase utilities’ funding allocations for Rule
20A projects.
A-1
Background
Rancho Palos Verdes is the most populated California city to have 90 percent or more
of residents living in a Cal Fire-designated Very High Fire Hazard Severity Zone. Over
the years, the Palos Verdes Peninsula has seen numerous brush fires that were
determined to be caused by electrical utility equipment. Across the state, some of the
most destructive and deadly wildfires were sparked by power equipment. But when it
comes to undergrounding overhead utilities, fire safety is not taken into account when
considering using ratepayer funds to pay for these projects under California’s Electric
Tariff Rule 20 program. The program was largely intended to address visual blight when
it was implemented in 1967. Under Rule 20A, utilities must allocate ratepayer funds to
undergrounding conversion projects chosen by local governments that have a public
benefit and meet one or more of the following criteria:
Eliminate an unusually heavy concentration of overhead lines;
Involve a street or road with a high volume of public traffic;
Benefit a civic or public recreation area or area of unusual scenic interest; and,
Be listed as an arterial street or major collector as defined in the Governor’s
Office of Planning and Research (OPR) Guidelines.
As we know, brush fires are not restricted to erupting in these limited areas. California’s
fire season has worsened in severity in recent years, claiming dozens of lives and
destroying tens of thousands of structures in 2018 alone.
Proposed resolution
Excluding fire safety from Rule 20A eligibility criteria puts the task of undergrounding
power lines in Very High Fire Hazard Severity Zones squarely on property owners who
are proactive, willing and able to foot the bill.
The proposed resolution calls on the California Public Utilities Commission to amend
Rule 20A to include projects in Very High Fire Hazard Severity Zones to the list of
criteria for eligibility. To facilitate more undergrounding projects in these high-risk zones,
the proposed resolution also calls on the CPUC to require utilities to increase their
allocations for Rule 20A projects.
If adopted, utilities will be incentivized to prioritize undergrounding projects that could
potentially save millions of dollars and many lives.
B-1