SB 396: Forestry: electrical transmission or distribution lines: clearances: notice and opportunity to be heard.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-06-30
Existing law authorizes any person who owns, controls, operates, or maintains any electrical transmission or distribution line to traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances, as provided, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees. Existing law authorizes this abatement at the full discretion of the person that owns, controls, operates, or maintains the electrical transmission or distribution lines, except for certain applicable minimum clearance requirements for those lines.
Under existing law, the Public Utilities Commission, which has regulatory authority over public utilities, including electrical corporations, has established additional vegetation management requirements.
This bill would subject property access by an electrical corporation for felling, cutting, or trimming trees to provisions similar to those applicable to pruning trees, maintaining clearances, and abating trees around electrical transmission or distribution lines, including provisions requiring notice to the landowner and an opportunity to be heard. The bill would explicitly require tree felling, cutting, and trimming activities to comply with certain commission vegetation management rules, if applicable, and with the California Coastal Act of 1976 and the forest practice rules and regulations adopted by the State Board of Forestry and Fire Protection. The bill would require any trees that are felled, cut, or trimmed, as provided, to remain on the property of the landowner, unless the landowner timely requests the electrical corporation to treat or remove the wood, as specified, at no cost to the landowner. specified. The bill would require woody material that was trimmed, cut, or felled to be treated to achieve a maximum postactivity depth of 9 inches when operating within 150 feet of a structure, public road, or other infrastructure, except where the landowner has requested that material to be kept intact. The bill would exempt electrical cooperatives, as defined, from these provisions. The bill would repeal these provisions on January 1, 2026. 2028.
This bill would require the commission, on or before January 1, 2025, to develop, through a public process, standardized content and methods of delivery to be used to satisfy the landowner notice requirement for both vegetation abatement and felling, cutting, and trimming activities, including, among other things, a description of the process that the electrical corporation must provide for a landowner to exercise the opportunity to be heard regarding the proposed pruning, maintaining clearances, abating, felling, cutting, or trimming of trees on property where the electrical corporation does not have existing rights or express landowner permission to do so. Until the standardized content of the notice is developed, the bill would require an electrical corporation to make a good faith effort to communicate the processes associated with the felling, cutting, and trimming of trees under these provisions to the landowner before felling, cutting, or trimming trees on property where the electrical corporation does not have existing rights or the express permission from the landowner. The bill would repeal these provisions on January 1, 2026. 2028.
This bill would declare that it is to take effect immediately as an urgency statute.Existing law authorizes any person who owns, controls, operates, or maintains any electrical transmission or distribution line to traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances, as provided, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees. Existing law authorizes this abatement at the full discretion of the person that owns, controls, operates, or maintains the electrical transmission or distribution lines, except for certain applicable minimum clearance requirements for those lines.
Under existing law, the Public Utilities Commission, which has regulatory authority over public utilities, including electrical corporations, has established additional vegetation management requirements.
This bill would, regarding those provisions related to electrical lines and abatement activities for would subject property access by an electrical corporation who owns, controls, operates, or maintains an for felling, cutting, or trimming trees to provisions similar to those applicable to pruning trees, maintaining clearances, and abating trees around electrical transmission or distribution line, specify that covered abatement activities include felling, cutting, or trimming trees. lines, including provisions requiring notice to the landowner and an opportunity to be heard. The bill would explicitly require all these line clearance and tree pruning and abatement tree felling, cutting, and trimming activities to comply with the commissions certain commission vegetation management rules, if applicable. applicable, and with the California Coastal Act of 1976 and the forest practice rules and regulations adopted by the State Board of Forestry and Fire Protection. The bill would require any trees that are felled, cut, or trimmed, as provided, to remain on the property of the landowner, unless the landowner timely requests the electrical corporation to treat or remove the wood, as specified, at no cost to the landowner. The bill would require woody material that was trimmed, cut, or felled to be treated to achieve a maximum postactivity depth of 9 inches when operating within 150 feet of a structure, public road, or other infrastructure, except where the landowner has requested that material to be kept intact. The bill would exempt electrical cooperatives, as defined, from these provisions. The bill would repeal these provisions on January 1, 2026.
This bill would require the commission, on or before January 1, 2025, to develop, through a public process, standardized content and methods of delivery to be used to satisfy the landowner notice requirement for both vegetation abatement and felling, cutting, and trimming activities, including including, among other things, a description of the process that the electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line must provide for a landowner to exercise the opportunity to be heard, as specified, when challenging heard regarding the proposed pruning, maintaining clearances, abating, felling, cutting, or trimming of trees on property where the electrical corporation does not have existing rights or the express landowner permission to traverse land from the landowner. The to do so. Until the standardized content of the notice is developed, the bill would require the an electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line to make a good faith effort to communicate the processes of vegetation abatement associated with the felling, cutting, and trimming activities, as provided, of trees under these provisions to the landowner before the development of the standardized content, and before felling, cutting, or trimming trees on property where the electrical corporation does not have existing rights or the express permission to do so from the landowner. The bill would repeal these provisions on January 1, 2026.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes any person who owns, controls, operates, or maintains any electrical transmission or distribution line to traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances, as provided, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees. Existing law authorizes this abatement at the full discretion of the person that owns, controls, operates, or maintains the electrical transmission or distribution lines, except for certain applicable minimum clearance requirements for those lines.
Under existing law, the Public Utilities Commission, which has regulatory authority over public utilities, including electrical corporations, has established additional vegetation management requirements.
This bill would revise and recast would, regarding those provisions related to electrical lines and abatement activities for a person an electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line, specifying specify that covered abatement activities covered by this law include felling, cutting, or trimming trees. The bill would explicitly require all these line clearance and tree pruning and abatement activities to comply with the commissions vegetation management rules, if applicable. The bill would delete an explicit statement that this electrical line access authorization provides no relief from liability for the removal of vegetation, unless that removal is covered by an applicable easement. The bill would require any trees that are felled, cut, or trimmed, as provided, to remain on the property of the landowner, as specified, and would require the person who owns, controls, operates, or maintains an electrical transmission or distribution line to preserve, to the extent feasible, any potential value of the timber or wood left onsite, unless the landowner timely requests the removal of the timber or wood within a week of felling, cutting, or trimming, in which case, the timber or wood is to be removed electrical corporation to treat or remove the wood, as specified, at no cost to the landowner. The bill would repeal these provisions on January 1, 2026.
The California Energy Infrastructure Safety Act establishes the Office of Energy Infrastructure Safety within the Natural Resources Agency and provides that, on and after July 1, 2021, the office 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 the office, commission, on or before January 1, 2024, 2025, to develop, through a public process, standardized content to be used to satisfy the landowner notice requirement for vegetation abatement and trimming activities, including a description of the process that the person electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line must provide for a landowner to exercise the opportunity to be heard, as specified, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees; standardized content to be used by a landowner to request the removal of timber or wood, as specified; and recommendations for the promotion by specified entities, and at locations, for the planting of appropriate tree and shrub species near electrical infrastructures. trees on property where the electrical corporation does not have existing rights or the express permission to traverse land from the landowner. The bill would require the person electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line to make a good faith effort to communicate the processes of vegetation abatement and trimming activities, as provided, to the landowner before the release development of the standardized content. content, and before felling, cutting, or trimming trees on property where the electrical corporation does not have existing rights or the express permission to do so from the landowner. The bill would repeal these provisions on January 1, 2026.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes any person who owns, controls, operates, or maintains any electrical transmission or distribution line to traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances, as provided, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees. Existing law authorizes this abatement at the full discretion of the person that owns, controls, operates, or maintains the electrical transmission or distribution lines, except for certain applicable minimum clearance requirements for those lines.
Under existing law, the Public Utilities Commission, which has regulatory authority over public utilities, including electrical corporations, has established additional vegetation management requirements.
This bill would revise and recast those provisions related to electrical lines and abatement activities for a person who owns, controls, operates, or maintains an electrical transmission or distribution line, specifying that abatement activities covered by this law include felling, cutting, or trimming trees. The bill would explicitly require all these line clearance and tree pruning and abatement activities to comply with the commissions vegetation management rules, if applicable. The bill would delete an explicit statement that this electrical line access authorization provides no relief from liability for the removal of vegetation, unless that removal is covered by an applicable easement. The bill would require the identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed to be accomplished by a certified arborist or by using a tree evaluation tool or method, as provided. The bill would require any trees that are felled, cut, or trimmed, as provided, to remain on the property of the landowner landowner, as specified, and would require the person who owns, controls, operates, or maintains an electrical transmission or distribution line to preserve, to the extent feasible, any potential value of the timber or wood left onsite, unless the landowner timely requests the removal of the timber or wood within a week of felling, cutting, or trimming, in which case, the timber or wood is to be removed at no cost to the landowner.
The California Energy Infrastructure Safety Act establishes the Office of Energy Infrastructure Safety within the Natural Resources Agency and provides that, on and after July 1, 2021, the office 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 the office, on or before July 1, 2022, January 1, 2024, to develop, through a public process, standardized content to be used to satisfy the landowner notice requirement for vegetation abatement and trimming activities, including a description of the process that the person who owns, controls, operates, or maintains an electrical transmission or distribution line must provide for a landowner to exercise the opportunity to be heard, as specified, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees; standardized content to be used by a landowner to request the removal of timber or wood, as specified; and recommendations for the promotion by specified entities, and at locations, for the planting of appropriate tree and shrub species near electrical infrastructures. The bill would require the person who owns, controls, operates, or maintains an electrical transmission or distribution line to make a good faith effort to communicate the processes of vegetation abatement and trimming activities, as provided, to the landowner before the release of the standardized content.
Existing law prohibits any person, except as specified, from using or operating any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools, as prescribed. Existing law requires a sealed box of tools to be located within the operating area and accessible in the event of a fire, which fire toolbox shall contain: one backpack pump-type fire extinguisher filled with water, 2 axes, 2 McLeod fire tools, and a sufficient number of shovels so that each employee at the operation can be equipped to fight fire.
This bill would require a dedicated set of tools to be located within the operating area and accessible in the event of a fire, which fire toolbox shall contain: a sufficient number of fire extinguishers, axes, 2 McLeod fire tools, and shovels so that, when added to any other tools on the industrial operation, each employee at the operation can be equipped to fight fire. The bill would make other nonsubstantive changes to these provisions.
Existing law authorizes any person who owns, controls, operates, or maintains any electrical transmission or distribution line to traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances, as provided, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees. Existing law authorizes this abatement at the full discretion of the person that owns, controls, operates, or maintains the electrical transmission or distribution lines, except for certain applicable minimum clearance requirements for those lines.
Under existing law, the Public Utilities Commission, which has regulatory authority over public utilities, including electrical corporations, has established additional vegetation management requirements.
This bill would revise and recast those provisions related to electrical lines and abatement activities for a person who owns, controls, operates, or maintains an electrical transmission or distribution line, specifying that abatement activities covered by this law include felling, cutting, or trimming trees. The bill would explicitly require all these line clearance and tree pruning and abatement activities to comply with the commissions vegetation management rules, if applicable. The bill would delete an explicit statement that this electrical line access authorization provides no relief from liability for the removal of vegetation, unless that removal is covered by an applicable easement. The bill would require the identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed to be accomplished by a certified arborist or by using a tree evaluation tool or method, as provided. The bill would make require any trees that are felled, cut, or trimmed, if valuable timber or wood, as provided, to remain on the property of the landowner, landowner and would require the person who owns, controls, operates, or maintains an electrical transmission or distribution line to preserve, to the extent feasible, any potential value of the timber or wood left onsite, unless the landowner timely requests the removal of the timber or wood, wood within a week of felling, cutting, or trimming, in which case, the timber or wood is to be removed at no cost to the landowner. If the landowner does not make a timely request, the bill would require the timber or wood to be maintained on the property in a manner that complies with applicable laws and regulations.
The California Energy Infrastructure Safety Act establishes the Office of Energy Infrastructure Safety within the Natural Resources Agency and provides that, on and after July 1, 2021, the office 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 the office, on or before April July 1, 2022, to develop develop, through a public process, standardized content to be used to satisfy the landowner notice requirement for vegetation abatement and trimming activities and activities, including a description of the process for a landowner to exercise the opportunity to be heard, as specified, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees; standardized content to be used by a landowner to request the removal of timber or wood, as specified; a process for a landowner to exercise the opportunity to be heard, as specified, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees; and recommendations to promote for the promotion by specified entities, and at locations, for the planting of appropriate tree and shrub species near electrical infrastructures.
Existing law prohibits any person, except as specified, from using or operating any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools, as prescribed. Existing law requires a sealed box of tools to be located within the operating area and accessible in the event of a fire, which fire toolbox shall contain: one backpack pump-type fire extinguisher filled with water, 2 axes, 2 McLeod fire tools, and a sufficient number of shovels so that each employee at the operation can be equipped to fight fire.
This bill would require a dedicated set of tools to be located within the operating area and accessible in the event of a fire, which fire toolbox shall contain: a sufficient number of fire extinguishers, axes, 2 McLeod fire tools, and shovels so that, when added to any other tools on the industrial operation, each employee at the operation can be equipped to fight fire. The bill would make other nonsubstantive changes to these provisions.
Existing law authorizes any person who owns, controls, operates, or maintains any electrical transmission or distribution line to traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances, as provided, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees. Existing law authorizes this abatement at the full discretion of the person that owns, controls, operates, or maintains the electrical transmission or distribution lines, except for certain applicable minimum clearance requirements for those lines.
Under existing law, the Public Utilities Commission, which has regulatory authority over public utilities, including electrical corporations, has established additional vegetation management requirements.
This bill would revise and recast those provisions related to electrical lines and abatement activities for a person who owns, controls, operates, or maintains an electrical transmission or distribution line, specifying that abatement activities covered by this law include felling, cutting, or trimming trees. The bill would explicitly require all these line clearance and tree pruning and abatement activities to comply with the commissions vegetation management rules, if applicable. The bill would delete an explicit statement that this electrical line access authorization provides no relief from liability for the removal of vegetation, unless that removal is covered by an applicable easement. The bill would require the identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed to be accomplished by a certified arborist or by using a tree evaluation tool or method, as provided. The bill would make any trees that are felled, cut, or trimmed, if valuable timber or wood, the property of the landowner, unless the landowner timely requests the removal of the timber or wood, in which case, the timber or wood is to be removed at no cost to the landowner. If the landowner does not make a timely request, the bill would require the timber or wood to be maintained on the property in a manner that complies with applicable laws and regulations.
The California Energy Infrastructure Safety Act establishes the Office of Energy Infrastructure Safety within the Natural Resources Agency and provides that, on and after July 1, 2021, the office 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 the office, on or before April 1, 2022, to develop standardized content to be used to satisfy the landowner notice requirement for vegetation abatement and trimming activities and standardized content to be used by a landowner to request the removal of timber or wood, as specified; a process for a landowner to exercise the opportunity to be heard, as specified, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees; and recommendations to promote the planting of appropriate tree and shrub species near electrical infrastructures.
Existing law prohibits any person, except as specified, from using or operating any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools, as prescribed. Existing law requires a sealed box of tools to be located within the operating area and accessible in the event of a fire, which fire toolbox shall contain: one backpack pump-type fire extinguisher filled with water, 2 axes, 2 McLeod fire tools, and a sufficient number of shovels so that each employee at the operation can be equipped to fight fire.
This bill would require a dedicated set of tools to be located within the operating area and accessible in the event of a fire, which fire toolbox shall contain: a sufficient number of fire extinguishers, axes, 2 McLeod fire tools, and shovels so that, when added to any other tools on the industrial operation, each employee at the operation can be equipped to fight fire. The bill would make other nonsubstantive changes to these provisions.
(a)It is the intent of the Legislature that nothing in this bill exempts a person who owns, controls, operates, or maintains an electrical transmission or distribution line from liability for personal injury or property damage proximately caused by that persons negligence or recklessness in felling, cutting, or trimming trees or vegetation.
(b)It is further the intent of the Legislature that any trees that are felled, cut, trimmed or treated under this legislation must be at no cost to the landowner.
SECTION 1.SEC. 2.Section 4295.5 of the Public Resources Code is amended to read:4295.5.(a)Notwithstanding any other state or local law or regulation that would otherwise impose liability for trespass or damages for pruning trees or vegetation as described in this section, including Section 4295, a person who owns, controls, operates, or maintains an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances pursuant to Section 4293, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees. The clearances obtained when the pruning is performed shall be at the full discretion of the person that owns, controls, operates, or maintains any electrical transmission or distribution line, but shall be no less than what is required in Section 4293. This section shall apply to both high fire threat districts, as determined by the California Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.
(b)Subdivision (a) does not exempt a person who owns, controls, operates, or maintains an electrical transmission or distribution line from liability for damages for the removal of vegetation that is not covered by an easement granted to the person for the electrical transmission or distribution line.
(c)On and after January 1, 2025, an electrical corporation, as defined in Section 218 of the Public Utilities Code, shall provide notice to landowners and an opportunity to be heard as required by subdivision (a) in compliance with Section 8386.7 of the Public Utilities Code. This subdivision shall become inoperative on January 1, 2026. 2028.
SEC. 2.SEC. 3.Section 4295.6 is added to the Public Resources Code, to read:4295.6.(a)Notwithstanding any other state or local law or regulation that would impose liability for trespass or damages for felling, cutting, or trimming trees or vegetation as described in this section, an electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to fell, cut, or trim trees to maintain clearances pursuant to Section 4293, or, if applicable, Rule 35 of the Public Utilities Commissions General Order 95, and to abate, by felling, cutting, or trimming, any hazardous, dead, rotten, diseased, leaning, or structurally defective live trees. The felling, cutting, and trimming of these trees, and the clearances obtained when felling, cutting, or trimming of trees, shall be performed by the electrical corporation that owns, controls, operates, or maintains an electrical transmission or distribution line, but shall not be less than what is required in Section 4293, and, if applicable, Rule 35 of the Public Utilities Commissions General Order 95. This section shall apply to both high fire threat districts, as determined by the Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.
(b)(1)Trees that are felled, cut, or trimmed pursuant to this section on property where the electrical corporation does not have existing rights or the express permission to do so from the landowner shall remain on the property of the landowner unless, in advance of a date specified in the landowner notice requirement developed pursuant to Section 8386.7 of the Public Utilities Code, the landowner makes a timely request to the electrical corporation to perform a treatment of the wood, including, wood. Treatment methods may include, but are not limited to, onsite chipping or the removal of the wood from the property.
(2)In response to a timely request from a landowner and at no cost to the landowner, the electrical corporation shall treat the wood in the manner requested, unless a manner that is cost effective, reduces wildfire risk, and is consistent with the methods authorized by this section. The electrical corporation is not obligated to treat or remove the wood if the wood is not safely accessible by its vehicles and equipment or other regulations would otherwise prohibit the treatment.
(3)Except where the landowner has requested the woody material to be kept intact, when operating within 150 feet of a structure, public road, or other infrastructure, woody materials trimmed, cut, or felled pursuant to this section shall be treated to achieve a maximum postactivity depth of nine inches. Nothing in this paragraph shall supersede Section 4291. For purposes of this paragraph, the following definitions apply:
(A)Infrastructure includes electrical distribution and transmission facilities, water reservoirs or other conveyances, wastewater facilities or conveyances, communication and data transmission and distribution facilities, or other critical assets or infrastructure at risk.
(B)Structure includes buildings that are designed for human occupancy, or garages, barns, stables, and structures used to enclose fuel tanks.
(c)All actions pursuant to this section that are undertaken by an electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line shall be done in compliance with the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)) and the forest practice rules and regulations adopted by the board pursuant to the Zberg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511)).
(d)Electrical cooperatives, as defined in Section 2776 of the Public Utilities Code, are exempt from this section.
(e)This section shall remain in effect only until January 1, 2026, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, 2028, deletes or extends that date.
SEC. 3.SEC. 4.Section 8386.7 is added to the Public Utilities Code, to read:8386.7.(a)On or before January 1, 2025, the commission shall develop, through a public process, standardized content and methods of delivery for a letter, door hanger, or other means of notification reasonably expected to make the landowner aware of the entry and work to be performed that the electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line shall use to satisfy the landowner notice requirement described in Sections 4295.5 and 4295.6 of the Public Resources Code when pruning, maintaining clearances, abating, felling, cutting, or trimming trees on property where the electrical corporation does not have existing rights or the express permission to do so. The content shall include a description of the notice that the electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line must provide the landowner to exercise the opportunity to be heard, established in Section 4295.6 of the Public Resources Code, related to the proposed pruning, maintaining clearances, abating, felling, cutting, or trimming of trees on property where the electrical corporation does not have existing rights or the express permission to traverse land from the landowner. The content shall include a definition of a landowners opportunity to be heard and provide the timeline for which a timely request must be made by a landowner pursuant to paragraph (2) of subdivision (b) of Section 4295.6 of the Public Resources Code.
(b)Before the development of the standardized content pursuant to subdivision (a), the electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line shall make a good faith effort to communicate the processes established in Section 4295.6 of the Public Resources Code to a landowner before felling, cutting, or trimming trees on property where the electrical corporation does not have existing rights or the express permission to do so from the landowner.
(c)This section shall remain in effect only until January 1, 2026, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, 2028, deletes or extends that date.
SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to establish clear forest management practices for the prevention of, and protection against, wildfires, it is necessary that this act take effect immediately.(a)Notwithstanding any other law, state or local law or regulation that would otherwise impose liability for trespass or damages for pruning trees or vegetation as described in this section, including Section 4295, a person who owns, controls, operates, or maintains an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances pursuant to Section 4293, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees. The clearances obtained when the pruning is performed shall be at the full discretion of the person that owns, controls, operates, or maintains any electrical transmission or distribution line, but shall be no less than what is required in Section 4293. This section shall apply to both high fire threat districts, as determined by the California Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.
(b)Subdivision (a) does not exempt a person who owns, controls, operates, or maintains an electrical transmission or distribution line from liability for damages for the removal of vegetation that is not covered by an easement granted to the person for the electrical transmission or distribution line.
(c)On and after January 1, 2025, an electrical corporation, as defined in Section 218 of the Public Utilities Code, shall provide notice to landowners and an opportunity to be heard as required by subdivision (a) in compliance with Section 8386.7 of the Public Utilities Code. This subdivision shall become inoperative on January 1, 2026.
SECTION 1.SEC. 2.Section 4295.6 is added to the Public Resources Code, to read:4295.6.(a)Notwithstanding any other law, including Section 4295, state or local law or regulation that would impose liability for trespass or damages for felling, cutting, or trimming trees or vegetation as described in this section, an electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to fell, cut, or trim trees to maintain clearances pursuant to Section 4293, or, if applicable, Rule 35 of the Public Utilities Commissions General Order 95, and to abate, by felling, cutting, or trimming, any hazardous, dead, rotten, diseased, leaning, or structurally defective live trees. The felling, cutting, and trimming of these trees, and the clearances obtained when felling, cutting, or trimming of trees, shall be at the full discretion of performed by the electrical corporation that owns, controls, operates, or maintains an electrical transmission or distribution line, but shall not be less than what is required in Section 4293, and, if applicable, Rule 35 of the Public Utilities Commissions General Order 95. This section shall apply to both high fire threat districts, as determined by the Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.
(b)(1)Trees that are felled, cut, or trimmed pursuant to this section on property where the electrical corporation does not have existing rights or the express permission to do so from the landowner shall remain on the property of the landowner unless, in advance of a date specified in the landowner notice requirement developed pursuant to Section 8386.7 of the Public Utilities Code, the landowner makes a timely request to the electrical corporation to perform a treatment of the wood, including, but not limited to, onsite chipping, chipping or to remove the removal of the wood from the property.
(2)In response to a timely request from a landowner and at no cost to the landowner, the electrical corporation shall treat the wood as in the manner requested, unless the wood is not safely accessible by its vehicles and equipment or other regulations would otherwise prohibit the treatment.
(3)Except where the landowner has requested the woody material to be kept intact, when operating within 150 feet of a structure, public road, or other infrastructure, woody materials trimmed, cut, or felled pursuant to this section shall be treated to achieve a maximum postactivity depth of nine inches. Nothing in this paragraph shall supersede Section 4291. For purposes of this paragraph, the following definitions apply:
(A)Infrastructure includes electrical distribution and transmission facilities, water reservoirs or other conveyances, wastewater facilities or conveyances, communication and data transmission and distribution facilities, or other critical assets or infrastructure at risk.
(B)Structure includes buildings that are designed for human occupancy, or garages, barns, stables, and structures used to enclose fuel tanks.
(c)All actions pursuant to this section that are undertaken by an electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line shall be done in compliance with the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)) and the forest practice rules and regulations adopted by the board pursuant to the Zberg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511)).
(d)Electrical cooperatives, as defined in Section 2776 of the Public Utilities Code, are exempt from this section.
(c)(e)This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, deletes or extends that date.
SEC. 2.SEC. 3.Section 8386.7 is added to the Public Utilities Code, to read:8386.7.(a)On or before January 1, 2025, the commission shall develop, through a public process, standardized content and methods of delivery for a letter, door hanger, or other means of notification reasonably expected to make the landowner aware of the entry and work to be performed that the electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line shall use to satisfy the landowner notice requirement described in Section Sections 4295.5 and 4295.6 of the Public Resources Code when pruning, maintaining clearances, abating, felling, cutting, or trimming trees on property where the electrical corporation does not have existing rights or the express permission to do so. The content shall include a description of the notice that the electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line must provide the landowner to exercise the opportunity to be heard, established in Section 4295.6 of the Public Resources Code, related to the proposed pruning, maintaining clearances, abating, felling, cutting, or trimming of trees on property where the electrical corporation does not have existing rights or the express permission to traverse land from the landowner. The content shall include a definition of a landowners opportunity to be heard and provide the timeline for which a timely request must be made by a landowner pursuant to paragraph (2) of subdivision (b) of Section 4295.6 of the Public Resources Code.
(b)Before the development of the standardized content, content pursuant to subdivision (a), the electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line shall make a good faith effort to communicate the processes established in Section 4295.6 of the Public Resources Code to a landowner before felling, cutting, or trimming trees on property where the electrical corporation does not have existing rights or the express permission to do so from the landowner.
(c)This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, deletes or extends that date.
SEC. 3.SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to establish clear forest management practices for the prevention of, and protection against, wildfires, it is necessary that this act take effect immediately.
(a)Notwithstanding any other law, including Section 4295, an electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to fell, cut, or trim trees to maintain clearances pursuant to Section 4293, or, if applicable, Rule 35 of the Public Utilities Commissions General Order 95, and to abate, by felling, cutting, or trimming, any hazardous, dead, rotten, diseased, leaning, or structurally defective live trees. The felling, cutting, and trimming of these trees, and the clearances obtained when felling, cutting, or trimming of trees, shall be at the full discretion of the electrical corporation that owns, controls, operates, or maintains an electrical transmission or distribution line, but shall not be less than what is required in Section 4293, and, if applicable, Rule 35 of the Public Utilities Commissions General Order 95. This section shall apply to both high fire threat districts, as determined by the Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.
(b)(1)Trees that are felled, cut, or trimmed pursuant to this section on property where the electrical corporation does not have existing rights or the express permission to do so from the landowner shall remain on the property of the landowner unless, in advance of a date specified in the landowner notice requirement developed pursuant to Section 8386.7 of the Public Utilities Code, the landowner makes a timely request to the electrical corporation to perform a treatment of the wood, including, but not limited to, onsite chipping, or to remove the wood from the property.
(2)In response to a timely request from a landowner and at no cost to the landowner, the electrical corporation shall treat the wood as requested, unless the wood is not safely accessible by its vehicles and equipment or other regulations would otherwise prohibit the treatment.
(c)This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, deletes or extends that date.
SEC. 2.Section 8386.7 is added to the Public Utilities Code, to read:8386.7.(a)On or before January 1, 2025, the commission shall develop, through a public process, standardized content for a letter, door hanger, or other means of notification that the electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line shall use to satisfy the landowner notice requirement described in Section 4295.6 of the Public Resources Code when felling, cutting, or trimming trees on property where the electrical corporation does not have existing rights or the express permission to do so. The content shall include a description of the notice that the electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line must provide the landowner to exercise the opportunity to be heard, established in Section 4295.6 of the Public Resources Code, related to the proposed felling, cutting, or trimming of trees on property where the electrical corporation does not have existing rights or the express permission to traverse land from the landowner.
(b)Before the development of the standardized content, the electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line shall make a good faith effort to communicate the processes established in Section 4295.6 of the Public Resources Code to a landowner before felling, cutting, or trimming trees on property where the electrical corporation does not have existing rights or the express permission to do so from the landowner.
(c)This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, deletes or extends that date.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to establish clear forest management practices for the prevention of, and protection against, wildfires, it is necessary that this act take effect immediately.
SECTION 1.Section 15478 is added to the Government Code, to read:15478.(a)On or before January 1, 2024, the office shall develop, through a public process, all of the following:(1)Standardized content for a letter, door hanger, or other means of notification that the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall use to satisfy the landowner notice requirement described in subdivision (a) of Section 4295.5 of the Public Resources Code. The content shall include a description of the process that the person who owns, controls, operates, or maintains an electrical transmission or distribution line must provide the landowner to exercise the opportunity to be heard, established in subdivision (a) of Section 4295.5 of the Public Resources Code, related to the proposed traversal of land and any felling, cutting, or trimming of trees.(2)Standardized content for use by a landowner to request the removal of timber or wood as described in subdivision (b) of Section 4295.5 of the Public Resources Code.(3)Recommendations for the promotion by entities, including, but not limited to, electric utilities, and at locations, including, but not limited to, relevant retail stores, for the planting of appropriate tree and shrub species near electrical infrastructures. Appropriate tree and shrub species shall be tree and shrub species that, if planted in the vicinity of electrical transmission and distribution lines, cannot encroach within the vicinity of overhead conductors such that an electrical utility would need to perform vegetation management to mitigate wildfire risk.(b)Nothing in this section shall require the office to inspect or enforce Section 4292, 4293, or 4295.5 of the Public Resources Code or participate in any opportunity to be heard by request of a landowner.(c)Before the release of the standardized content, the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall make a good faith effort to communicate the processes established in Section 4295.5 of the Public Resources Code to a landowner.SEC. 2.Section 4295.5 of the Public Resources Code is amended to read:4295.5.(a)Notwithstanding any other law, including Section 4295, a person who owns, controls, operates, or maintains an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to fell, cut, or trim trees to maintain clearances pursuant to Section 4293, or, if applicable, Rule 35 of the Public Utilities Commissions General Order 95, and to abate, by felling, cutting, or trimming, any hazardous, dead, rotten, diseased, leaning, or structurally defective live trees. The felling, cutting, and trimming of these trees, and the clearances obtained when felling, cutting, or trimming of trees, shall be at the full discretion of the person that owns, controls, operates, or maintains an electrical transmission or distribution line, but shall not be less than what is required in Section 4293, and, if applicable, Rule 35 of the Public Utilities Commissions General Order 95. This section shall apply to both high fire threat districts, as determined by the Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.(b)Trees that are felled, cut, or trimmed pursuant to this section or Section 4292 or 4293 shall remain on the property of the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall, to the extent feasible, preserve any potential value of the timber or wood left onsite unless the removal of the timber or wood is timely requested by the landowner within a week of felling, cutting, or trimming, in which case the person shall remove the timber or wood at no cost to the landowner. The person may leave slash and woody debris that have been chipped and has, at maximum, a post-harvest depth of 18 inches above the ground, except within 150 feet from an approved and legally permitted structure that complies with the California Building Standards Code. Nothing in this paragraph shall interfere with agreements made between the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line to specify how timber or wood is left or removed and how its value is preserved.(a)On or before July 1, 2022, January 1, 2024, the office shall develop, through a public process, all of the following:
(a)Standardized(1)Standardized content for a letter, door hanger, or other means of notification that the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall use to satisfy the landowner notice requirement described in subdivision (a) of Section 4295.5 of the Public Resources Code. The content shall include a description of the process available for that the person who owns, controls, operates, or maintains an electrical transmission or distribution line must provide the landowner to exercise the opportunity to be heard, established in subdivision (a) of Section 4295.5 of the Public Resources Code, related to the proposed traversal of land and any felling, cutting, or trimming of trees.
(b)(2)Standardized content for use by a landowner to request the removal of timber or wood as described in paragraph (1) of subdivision (c) (b) of Section 4295.5 of the Public Resources Code.
(c)(3)Recommendations for the promotion by entities, including, but not limited to, electric utilities, and at locations, including, but not limited to, relevant retail stores, for the planting of appropriate tree and shrub species near electrical infrastructures. Appropriate tree and shrub species shall be tree and shrub species that, if planted in the vicinity of electrical transmission and distribution lines, cannot encroach within the vicinity of overhead conductors such that an electrical utility would need to perform vegetation management to mitigate wildfire risk.
(b)Nothing in this section shall require the office to inspect or enforce Section 4292, 4293, or 4295.5 of the Public Resources Code or participate in any opportunity to be heard by request of a landowner.
(c)Before the release of the standardized content, the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall make a good faith effort to communicate the processes established in Section 4295.5 of the Public Resources Code to a landowner.
SEC. 2.Section 4295.5 of the Public Resources Code is amended to read:4295.5.(a)Notwithstanding any other law, including Section 4295, a person who owns, controls, operates, or maintains an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to fell, cut, or trim trees to maintain clearances pursuant to Section 4293, or, if applicable, Rule 35 of the Public Utilities Commissions General Order 95, and to abate, by felling, cutting, or trimming, any hazardous, dead, rotten, diseased, leaning, or structurally defective live trees. The felling, cutting, and trimming of these trees, and the clearances obtained when felling, cutting, or trimming of trees, shall be at the full discretion of the person that owns, controls, operates, or maintains an electrical transmission or distribution line, but shall not be less than what is required in Section 4293, and, if applicable, Rule 35 of the Public Utilities Commissions General Order 95. This section shall apply to both high fire threat districts, as determined by the Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.(b)Identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed pursuant to this section or Section 4292 or 4293 shall be accomplished by an arborist certified by the International Society of Arboriculture, or using a tree evaluation tool or method, developed or approved by an arborist certified by the International Society of Arboriculture and included in the wildfire mitigation plan required pursuant to Sections 8386 and 8387 of the Public Utilities Code.(c)(1)Trees that are felled, cut, or trimmed pursuant to this section or Section 4292 or 4293 shall remain on the property of the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall, to the extent feasible, preserve any potential value of the timber or wood left onsite unless the removal of the timber or wood is timely requested by the landowner within a week of felling, cutting, or trimming, in which case the person shall remove the timber or wood at no cost to the landowner. Nothing in this paragraph shall interfere with agreements made between the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line to specify how timber or wood is left or removed and how its value is preserved.(2)The person who owns, controls, operates, or maintains an electrical transmission or distribution line shall comply with all applicable laws and regulations, including the forest practices rules, when removing or leaving timber or wood pursuant to this section or Section 4292 or 4293.SEC. 3.Section 4428 of the Public Resources Code is amended to read:4428.No person, except any member of an emergency crew or except the driver or owner of any service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which is used in the construction, operation, removal, or repair of the property or facilities of the utility when engaged in emergency operations, shall use or operate any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in the amounts, manner, and location prescribed in this section.(a)On any industrial operation, a dedicated set of tools shall be located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain a sufficient number of fire extinguishers, axes, McLeod fire tools, and shovels so that, when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.(b)One or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, a full set of timber-felling tools shall be located in the fire toolbox described in subdivision (a), including one crosscut falling saw six feet in length, one double-bit ax with a 36-inch handle, one sledge hammer or maul with a head weight of six or more pounds and handle length of 32 inches or more, and not less than two falling wedges.(c)Each rail speeder and passenger vehicle used on the operation shall be equipped with one shovel and one ax, and any other vehicle used on the operation shall be equipped with one shovel. Each tractor used on the operation shall be equipped with one shovel.(d)As used in this section:(1)Vehicle means a device by which any person or property may be propelled, moved, or drawn over any land surface, excepting a device moved by human power or used exclusively upon stationary rails or tracks.(2)Passenger vehicle means a vehicle that is self-propelled, designed for carrying not more than 10 persons including the driver, and used or maintained for the transportation of persons, but does not include any motortruck or truck tractor.SEC. 2.Section 4295.5 of the Public Resources Code is amended to read:4295.5.(a)Notwithstanding any other law, including Section 4295, a person who owns, controls, operates, or maintains an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune fell, cut, or trim trees to maintain clearances pursuant to Section 4293, or, if applicable, Rule 35 of the Public Utilities Commissions General Order 95, and to abate, by pruning or removal, felling, cutting, or trimming, any hazardous, dead, rotten, diseased, leaning, or structurally defective live trees. The felling, cutting, and trimming of these trees, and the clearances obtained when the pruning is performed felling, cutting, or trimming of trees, shall be at the full discretion of the person that owns, controls, operates, or maintains any an electrical transmission or distribution line, but shall not be no less than what is required in Section 4293. 4293, and, if applicable, Rule 35 of the Public Utilities Commissions General Order 95. This section shall apply to both high fire threat districts, as determined by the California Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.
(b)Subdivision (a) does not exempt a person who owns, controls, operates, or maintains an electrical transmission or distribution line from liability for damages for the removal of vegetation that is not covered by an easement granted to the person for the electrical transmission or distribution line.(b)Trees that are felled, cut, or trimmed pursuant to this section or Section 4292 or 4293 shall remain on the property of the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall, to the extent feasible, preserve any potential value of the timber or wood left onsite unless the removal of the timber or wood is timely requested by the landowner within a week of felling, cutting, or trimming, in which case the person shall remove the timber or wood at no cost to the landowner. The person may leave slash and woody debris that have been chipped and has, at maximum, a post-harvest depth of 18 inches above the ground, except within 150 feet from an approved and legally permitted structure that complies with the California Building Standards Code. Nothing in this paragraph shall interfere with agreements made between the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line to specify how timber or wood is left or removed and how its value is preserved.
On or before April July 1, 2022, the office shall develop develop, through a public process, all of the following:
(a)Standardized content for a letter letter, door hanger, or other means of notification that the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall use to satisfy the landowner notice requirement described in subdivision (a) of Section 4295.5 of the Public Resources Code. The content shall include a description of the process available for the landowner to exercise the opportunity to be heard, established in subdivision (a) of Section 4295.5 of the Public Resources Code, related to the proposed traversal of land and any felling, cutting, or trimming of trees.
(b)Standardized content for use by a landowner to request the removal of timber or wood as described in paragraph (1) of subdivision (c) of Section 4295.5 of the Public Resources Code, including a time limit for making the request. Code.
(c)A process for a landowner to exercise the opportunity to be heard, established in subdivision (a) of Section 4295.5 of the Public Resources Code, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees.(d)(c)Recommendations to promote for the promotion by entities, including, but not limited to, electric utilities, and at locations, including, but not limited to, relevant retail stores, for the planting of appropriate tree and shrub species near electrical infrastructures. Appropriate tree and shrub species shall be tree and shrub species that, if planted in the vicinity of electrical transmission and distribution lines, cannot encroach within the vicinity of overhead conductors such that an electrical utility would need to perform vegetation management to mitigate wildfire risk.
SEC. 2.Section 4295.5 of the Public Resources Code is amended to read:4295.5.(a)Notwithstanding any other law, including Section 4295, a person who owns, controls, operates, or maintains an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to fell, cut, or trim trees to maintain clearances pursuant to Section 4293, or, if applicable, Rule 35 of the Public Utilities Commissions General Order 95, and to abate, by felling, cutting, or trimming, any hazardous, dead, rotten, diseased, leaning, or structurally defective live trees. The felling, cutting, and trimming of these trees, and the clearances obtained when felling, cutting, or trimming of trees, shall be at the full discretion of the person that owns, controls, operates, or maintains an electrical transmission or distribution line, but shall not be less than what is required in Section 4293, and, if applicable, Rule 35 of the Public Utilities Commissions General Order 95. This section shall apply to both high fire threat districts, as determined by the Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.
(b)Identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed pursuant to this section or Section 4292 or 4293 shall be accomplished by an arborist certified by the International Society of Arboriculture, or using a tree evaluation tool or method, developed or approved by an arborist certified by the International Society of Arboriculture and included in the wildfire mitigation plan required pursuant to Sections 8386 and 8387 of the Public Utilities Code.
(c)(1)Trees that are felled, cut, or trimmed pursuant to this section or Section 4292 or 4293, if they are valuable timber or wood, 4293 shall remain on the property of the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall shall, to the extent feasible, preserve the commercial any potential value of the timber or wood left onsite unless the removal of the timber or wood is timely requested by the landowner, landowner within a week of felling, cutting, or trimming, in which case the person shall remove the timber or wood at no cost to the landowner. Nothing in this paragraph shall interfere with agreements made between the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line to specify how timber or wood is left or removed and how its value is preserved.
(2)If the landowner does not timely convey permission to the person who owns, controls, operates, or maintains an electrical transmission or distribution line to haul the timber or wood from the property once felled, cut, or trimmed, the The person who owns, controls, operates, or maintains an electrical transmission or distribution line shall maintain the timber or wood on the property in a manner that complies comply with all applicable laws and regulations, including the forest practices rules. rules, when removing or leaving timber or wood pursuant to this section or Section 4292 or 4293.
SEC. 3.Section 4428 of the Public Resources Code is amended to read:4428.No person, except any member of an emergency crew or except the driver or owner of any service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which is used in the construction, operation, removal, or repair of the property or facilities of the utility when engaged in emergency operations, shall use or operate any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in the amounts, manner, and location prescribed in this section.
(a)On any industrial operation, a dedicated set of tools shall be located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain a sufficient number of fire extinguishers, axes, McLeod fire tools, and shovels so that, when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.
(b)One or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, a full set of timber-felling tools shall be located in the fire toolbox described in subdivision (a), including one crosscut falling saw six feet in length, one double-bit ax with a 36-inch handle, one sledge hammer or maul with a head weight of six or more pounds and handle length of 32 inches or more, and not less than two falling wedges.
(c)Each rail speeder and passenger vehicle used on the operation shall be equipped with one shovel and one ax, and any other vehicle used on the operation shall be equipped with one shovel. Each tractor used on the operation shall be equipped with one shovel.
(d)As used in this section:
(1)Vehicle means a device by which any person or property may be propelled, moved, or drawn over any land surface, excepting a device moved by human power or used exclusively upon stationary rails or tracks.
(2)Passenger vehicle means a vehicle that is self-propelled, designed for carrying not more than 10 persons including the driver, and used or maintained for the transportation of persons, but does not include any motortruck or truck tractor.
On or before April 1, 2022, the office shall develop all of the following:
(a)Standardized content for a letter that shall satisfy the landowner notice requirement described in subdivision (a) of Section 4295.5 of the Public Resources Code.
(b)Standardized content for use by a landowner to request the removal of timber or wood as described in paragraph (1) of subdivision (c) of Section 4295.5 of the Public Resources Code, including a time limit for making the request.
(c)A process for a landowner to exercise the opportunity to be heard, established in subdivision (a) of Section 4295.5 of the Public Resources Code, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees.
(d)Recommendations to promote by entities, including, but not limited to, electric utilities, and at locations, including, but not limited to, relevant retail stores, the planting of appropriate tree and shrub species near electrical infrastructures. Appropriate tree and shrub species shall be tree and shrub species that, if planted in the vicinity of electrical transmission and distribution lines, cannot encroach within the vicinity of overhead conductors such that an electrical utility would need to perform vegetation management to mitigate wildfire risk.
SEC. 2.Section 4295.5 of the Public Resources Code is amended to read:4295.5.(a)Notwithstanding any other law, including Section 4295, any a person who owns, controls, operates, or maintains any an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune fell, cut, or trim trees to maintain clearances pursuant to Section 4293, or, if applicable, Rule 35 of the Public Utilities Commissions General Order 95, and to abate, by pruning felling, cutting, or removal, trimming, any hazardous, dead, rotten, diseased, leaning, or structurally defective live trees. The felling, cutting, and trimming of these trees, and the clearances obtained when the pruning is performed felling, cutting, or trimming of trees, shall be at the full discretion of the person that owns, controls, operates, or maintains any an electrical transmission or distribution line, but shall not be no less than what is required in Section 4293. 4293, and, if applicable, Rule 35 of the Public Utilities Commissions General Order 95. This section shall apply to both high fire threat districts, as determined by the California Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.
(b)Nothing in subdivision (a) shall exempt any person who owns, controls, operates, or maintains any electrical transmission or distribution line from liability for damages for the removal of vegetation that is not covered by any easement granted to him or her for the electrical transmission or distribution line.(b)Identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed pursuant to this section shall be accomplished by an arborist certified by the International Society of Arboriculture, or using a tree evaluation tool or method, developed or approved by an arborist certified by the International Society of Arboriculture and included in the wildfire mitigation plan required pursuant to Sections 8386 and 8387 of the Public Utilities Code.
(c)(1)Trees that are felled, cut, or trimmed pursuant to this section or Section 4292 or 4293, if they are valuable timber or wood, shall remain the property of the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall preserve the commercial value of the timber or wood unless the removal of the timber or wood is timely requested by the landowner, in which case the person shall remove the timber or wood at no cost to the landowner.
(2)If the landowner does not timely convey permission to the person who owns, controls, operates, or maintains an electrical transmission or distribution line to haul the timber or wood from the property once felled, cut, or trimmed, the person shall maintain the timber or wood on the property in a manner that complies with all applicable laws and regulations, including the forest practices rules.
SECTION 1.SEC. 3.Section 4428 of the Public Resources Code is amended to read:4428.No person, except any member of an emergency crew or except the driver or owner of any service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which is used in the construction, operation, removal, or repair of the property or facilities of the utility when engaged in emergency operations, shall use or operate any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in the amounts, manner, and location prescribed in this section.
(a)On any industrial operation, a dedicated set of tools shall be located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain a sufficient number of fire extinguishers, axes, McLeod fire tools, and shovels so that, when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.
(b)One or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, a full set of timber-felling tools shall be located in the fire toolbox described in subdivision (a), including one crosscut falling saw six feet in length, one double-bit ax with a 36-inch handle, one sledge hammer or maul with a head weight of six or more pounds and handle length of 32 inches or more, and not less than two falling wedges.
(c)Each rail speeder and passenger vehicle used on the operation shall be equipped with one shovel and one ax, and any other vehicle used on the operation shall be equipped with one shovel. Each tractor used on the operation shall be equipped with one shovel.
(d)As used in this section:
(1)Vehicle means a device by which any person or property may be propelled, moved, or drawn over any land surface, excepting a device moved by human power or used exclusively upon stationary rails or tracks.
(2)Passenger vehicle means a vehicle that is self-propelled, designed for carrying not more than 10 persons including the driver, and used or maintained for the transportation of persons, but does not include any motortruck or truck tractor.
No person, except any member of an emergency crew or except the driver or owner of any service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which is used in the construction, operation, removal, or repair of the property or facilities of such the utility when engaged in emergency operations, shall use or operate any vehicle, machine, tool tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, fuels in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in the amounts, manner manner, and location prescribed in this section.
(a)On any such operation industrial operation, a sealed box dedicated set of tools shall be located, located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain: one backpack pump-type contain a sufficient number of fire extinguisher filled with water, two extinguishers, axes, two McLeod fire tools, and a sufficient number of shovels so that that, when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.
(b)One or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, a full set of timber-felling tools shall be located in the fire toolbox described in subdivision (a), including one crosscut falling saw six feet in length, one double-bit ax with a 36-inch handle, one sledge hammer or maul with a head weight of six, six or more, more pounds and handle length of 32 inches, inches or more, and not less than two falling wedges.
(c)Each rail speeder and passenger vehicle, vehicle used on such the operation shall be equipped with one shovel and one ax, and any other vehicle used on the operation shall be equipped with one shovel. Each tractor used in such on the operation shall be equipped with one shovel.
(d)As used in this section:
(1)Vehicle means a device by which any person or property may be propelled, moved, or drawn over any land surface, excepting a device moved by human power or used exclusively upon stationary rails or tracks.
(2)Passenger vehicle means a vehicle which that is self-propelled and which is self-propelled, designed for carrying not more than 10 persons including the driver, and which is used or maintained for the transportation of persons, but does not include any motortruck or truck tractor.
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Date
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Status
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|---|---|
| Aug 31, 2022 | Ordered to inactive file on request of Senator Bradford. |
| Aug 17, 2022 | From committee: That the Assembly amendments be taken up for consideration. (Ayes 8. Noes 3. Page 4853.) |
| Aug 16, 2022 | Set for hearing August 16. |
| Aug 4, 2022 | Re-referred to Com. on RLS pursuant to Senate Rule 29.10(d). |
| Aug 1, 2022 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 1, 2022 | Read third time. Passed. (Ayes 54. Noes 1. Page 5711.) Ordered to the Senate. |
| Jun 30, 2022 | Read third time and amended. |
| Jun 15, 2022 | Read second time. Ordered to third reading. |
| Jun 14, 2022 | Read second time and amended. Ordered to second reading. |
| Jun 13, 2022 | From committee: Do pass as amended. (Ayes 6. Noes 0.) (June 6). |
| May 12, 2022 | Read third time and amended. |
| Jan 11, 2022 | From inactive file. |
| Jan 10, 2022 | Notice of intention to remove from inactive file given by Assembly Member Mayes. |
| Sep 8, 2021 | Ordered to inactive file on request of Assembly Member Mayes. |
| Sep 3, 2021 | Assembly Rule 69(d) suspended. |
| Aug 30, 2021 | Read second time. Ordered to third reading. |
| Aug 26, 2021 | From committee: Do pass. (Ayes 16. Noes 0.) (August 26). |
| Aug 19, 2021 | August 19 set for first hearing. Placed on suspense file. |
| Jul 12, 2021 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 8, 2021 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 7). |
| Jun 30, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES. |
| May 20, 2021 | Referred to Com. on NAT. RES. |
| May 13, 2021 | In Assembly. Read first time. Held at Desk. |
| May 13, 2021 | Read third time. Passed. (Ayes 38. Noes 0. Page 1093.) Ordered to the Assembly. |
| May 11, 2021 | Read second time. Ordered to consent calendar. |
| May 10, 2021 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 30, 2021 | Set for hearing May 10. |
| Apr 19, 2021 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 816.) (April 15). Re-referred to Com. on APPR. |
| Mar 24, 2021 | Set for hearing April 15. |
| Feb 25, 2021 | Referred to Com. on N.R. & W. |
| Feb 22, 2021 | Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.) |
| Feb 12, 2021 | From printer. May be acted upon on or after March 14. |
| Feb 11, 2021 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|
|---|---|---|---|---|
| Aug 1, 2022 | SB 396 Bradford Senate Third Reading By Mayes | Assembly Floor |
Passed |
|
| May 13, 2021 | Consent Calendar SB396 Dahle | Senate Floor |
Passed |
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Positions by individuals are not included.
Bill Co-Author(s):
