719.3.
(a) For purposes of this section, all of the following definitions apply:
(1) “Fire Victim Trust” means the Fire Victim Trust created pursuant to the order of the United States Bankruptcy Court for the Northern District of California dated June 20, 2020, case number 19-30088, docket number 8053.
(2) (A) “Full compensation,” for a victim of a wildfire caused by the Pacific Gas and Electric Company between January 1, 2015, and December 31, 2018, inclusive, that was litigated through the United States Bankruptcy Court, means payment of 100 percent of the verified economic and noneconomic losses of the victim, as indicated within the Fire Victim Trust Determination Notices issued pursuant to the Fire Victim Trust.
(B) “Full compensation,” for a victim of a wildfire not described in subparagraph (A) but caused by an electrical corporation, means 100 percent of the financial damages as determined by a court order, settlement agreement, utility compensation program, or other restitution mechanism.
(3) “Timely” means within a timeframe established by the commission to balance commercially reasonable timing for electrical corporations and a reasonable recovery period for victims based on their date of wildfire loss.
(4) (A) “Verified restitution shortfalls” means uncompensated or undercompensated losses as determined through a court-approved trust administration process, settlement agreement, or commission-recognized methodology, except as specified in subparagraph (B).
(B) “Verified restitution shortfalls,” for a victim of a wildfire who is partially compensated through the Fire Victim Trust, means the total amount of all economic and noneconomic losses as indicated within the Fire Victim Trust’s Determination Notices issued pursuant to the Fire Victim Trust.
(b) On or before January 1, 2028, the commission shall generate a report assessing the verified restitution shortfalls for victims of wildfires caused by electrical corporations occurring before July 12, 2019, and recommend restitution mechanisms for electrical corporations to address those shortfalls to ensure victims are fully and fairly compensated in a timely manner while supporting long-term rate stability. The recommended restitution mechanisms shall not include any measures that authorize rate recovery for restitution payments.
(c) (1) In developing the restitution mechanisms to be included in the report, the commission shall ensure all of the following:
(A) Verified restitution shortfalls are consistently and fairly paid to ensure full compensation is issued in a timely manner.
(B) Incremental payments, if any, to wildfire victims are made on a proportional basis relative to the verified losses where full and immediate payment is not feasible.
(C) Establishment of timelines and benchmarks for achieving full compensation.
(2) The restitution mechanisms shall include assessments of verified restitution shortfalls for all victims of wildfires caused by an electrical corporation that prioritize and expedite remedies for victims of wildfires occurring between January 1, 2015, and July 12, 2019.
(d) In addition to subdivision (c), the restitution mechanisms developed for the report shall do all of the following:
(1) Ensure there is a path to full restitution for wildfire victims of Pacific Gas and Electric Company from wildfires occurring between calendar years 2015 and 2018, inclusive.
(2) Set a foundation and precedent for ensuring equitable restitution for all wildfire victims, including victims of the 2025 Eaton Fire, if it is determined that an electrical corporation caused that wildfire.
(3) Establish a framework within existing commission processes and those established through the Wildfire Fund to reduce costs for administration and streamline victim restitution processes.
(e) The commission shall not consider restitution mechanisms that include any measures that authorize rate recovery for restitution payments. The commission shall instead consider restitution mechanisms that rely on other measures, including, but not limited to, all of the following:
(1) Deferred or reduced shareholder dividends.
(2) Retained earnings or equity contributions.
(3) Bonds or other unstructured or structured debt mechanisms.
(4) Access to existing wildfire-related financial structures, where permissible.
(5) Other financial tools that preserve utility financial stability while ensuring full victim compensation.
(f) This section does not require the taking of private property but establishes conditions on the continued exercise of utility privileges granted by the State of California, including the authorization to collect rates, access capital markets, and operate as a regulated monopoly under a certificate of public convenience and necessity.
(g) The commission shall not implement the restitution mechanisms developed pursuant to this section unless explicitly authorized by statute.