Bill Text: CA AB2556 | 2011-2012 | Regular Session | Amended
Bill Title: Electrical lines: trimming of trees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-05-25 - In committee: Set, second hearing. Held under submission. [AB2556 Detail]
Download: California-2011-AB2556-Amended.html
BILL NUMBER: AB 2556 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 1, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Allen
FEBRUARY 24, 2012
An act to amend Sections 4292 and 4295 of the Public Resources
Code, and to add Chapter 6 (commencing with Section 8390) to Division
4.1 of the Public Utilities Code, relating to electricity.
LEGISLATIVE COUNSEL'S DIGEST
AB 2556, as amended, Allen. Electrical lines: trimming of trees.
Under existing law, the Public Utilities Commission (PUC) has
regulatory authority over public utilities, including electrical
corporations, as defined, while local publicly owned electric
utilities, as defined, are under the direction of their governing
boards. Existing law, except as specified, requires any person that
owns, controls, operates, or maintains any electrical transmission or
distribution line upon any mountainous, forest-covered,
brush-covered, or grass-covered land to maintain a clearance in all
directions between all vegetation and all conductors that are
carrying electric current, as prescribed. Pursuant to its existing
authority, the PUC has adopted rules applicable to electrical
corporations for the construction of electrical lines and the
trimming of trees near electrical lines.
This bill would require each electrical corporation and local
publicly owned electric utility to avoid excessive tree trimming that
threatens the health of a tree, to make a good faith effort to
implement good forestry practices and vegetation management
practices, and to preserve the health of mountainous
lands, forest-covered lands, and brush-covered lands
, and protect the aesthetic, cultural, and property value of
the area . The bill would prohibit removal of trees unless
specified circumstances exist and require the utility to obtain the
written confirmation by an arborist of the need to remove a tree and
to provide specified notice prior to removal of a tree. The bill
would require an electrical corporation or local publicly owned
electric utility to provide notification to a property owner
annually provide a copy of the company's vegetation
management plan to the affected locality , provide
notification publish the plan on its Internet
Web site, and publish legal provide
notification to affected property owners prior to
undertaking tree trimming maintenance or brush removal
conducting vegetation management . By placing requirements
upon local publicly owned electric utilities, the bill would impose
a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4292 of the Public Resources Code is amended to
read:
4292. Except as otherwise provided in Sections 4295 and 4296, any
person that owns, controls, operates, or maintains any electrical
transmission or distribution line upon any mountainous land, or
forest-covered land, brush-covered land, or grass-covered land shall,
during such times and in such areas as are determined to be
necessary by the director or the agency which has primary
responsibility for fire protection of such areas, maintain around and
adjacent to any pole or tower which supports a switch, fuse,
transformer, lightning arrester, line junction, or dead end or corner
pole, a firebreak which consists of a clearing of not less than 10
feet in each direction from the outer circumference of such pole or
tower. This section does not, however, apply to any line which is
used exclusively as telephone, telegraph, telephone or telegraph
messenger call, fire or alarm line, or other line which is classed as
a communication circuit by the Public Utilities Commission. The
director or the agency which has primary fire protection
responsibility for the protection of such areas may permit exceptions
from the requirements of this section which are based upon the
specific circumstances involved.
SEC. 2. Section 4295 of the Public Resources Code is amended to
read:
4295. (a) A person is not required by Section 4292 or 4293 to
maintain any clearing on any land if such the
person does not have the legal right to maintain such
the clearing, nor do such
those sections require any person to enter upon or to
damage property which that is owned by
any other person without the consent of the owner of the property.
(b) In complying with the requirements of Sections 4292 and 4293,
each electrical corporation and local publicly owned electric utility
shall do all of the following:
(1) Avoid excessive tree trimming that threatens the health of a
tree , unless doing so is required by the utility's planned
vegetation management cycle .
(2) Make a good faith effort to implement good forestry practices
and vegetation management practices, and preserve the
health of mountainous lands, forest-covered lands, and
brush-covered lands.
(3) Protect the aesthetic, cultural, and property value of the
area.
(4)
(3) Comply with the requirements of Chapter 6
(commencing with Section 8390) of Division 4.1 of the Public
Utilities Code.
(d)
( c) For purposes of this section,
"electrical corporation" and "local publicly owned electric utility"
have the same meanings, respectively, as defined in Section
Sections 218 and 224.3 of the Public Utilities
Code.
(d) Nothing in this section shall be construed to prevent a
utility from complying with federal or state law.
SEC. 3. Chapter 6 (commencing with Section 8390) is added to
Division 4.1 of the Public Utilities Code, to read:
CHAPTER 6. TREE TRIMMING AND REMOVAL PRACTICES
8390. (a) The requirements of this chapter are applicable to each
local publicly owned electric utility when complying with the
requirements of Chapter 3 (commencing with Section 4291) of Part 2 of
Division 4 of the Public Resources Code.
(b) The requirements of this chapter are applicable to each
electrical corporation when complying with the requirements of
Chapter 3 (commencing with Section 4291) of Part 2 of Division 4 of
the Public Resources Code or any rule or order of the commission,
including Rule 35 of General Order 95.
(c) Nothing in this chapter shall be construed to prevent a
utility from complying with federal or state law.
8392. An electrical corporation or local publicly owned electric
utility shall not remove a tree unless the utility has actual
knowledge, obtained through either normal operating practices or
notification to the utility, that the tree is dead, rotten, or
diseased and one of the following circumstances exists:
(a) Removal of the tree is necessary to maintain responsible fire
protection.
(b) The tree overhangs, or leans toward, a transmission or
distribution line such that there is a reasonable possibility that
the tree may damage the line.
(c) The tree is required to be trimmed so extensively, in order to
comply with the requirements of Chapter 3 (commencing with Section
4291) of Part 2 of Division 4 of the Public Resources Code or, for an
electrical corporation, Rule 35 of General Order 95, that the health
of the tree would be compromised and the tree would ultimately
become dead, rotten, or diseased and need to be removed to maintain
responsible fire protection.
8394. If an electrical corporation or local publicly owned
electric utility determines that a tree should be removed pursuant to
Section 8392, the utility shall do the following:
(a) Obtain written confirmation by an arborist licensed by the
International Society of Arboriculture and registered with the
Contractors' State License Board that the tree is dead, rotten, or
diseased or would likely become dead, rotten, or diseased with the
required extensive trimming.
(b) Provide written notification to the property owner of the
intent to remove the dead, rotten or diseased tree no less than 120
days prior to the scheduled removal of the tree accompanied by the
written confirmation from the licensed arborist obtained pursuant to
subdivision (a). If the owner of the property is a city, county, city
and county or other entity of local government, notice shall be
given to the city council, board of supervisors, or other governing
body. If the owner of the property is the state, notice shall be
given to the state entities that administer and occupy the property
and to the city council or board of supervisors of the city, county,
or city and county where the state property is located.
(c)
(b) Publish legal notification of its intent to remove
a tree at least once in a newspaper of general circulation serving
the area of the proposed tree removal not less than 120 days prior to
the scheduled removal of the tree.
8396. In performing tree trimming maintenance or brush removal,
each electrical corporation and local publicly owned electric utility
shall do all of the following:
(a) Provide written notification to the property owner of the
intent to trim trees or remove brush no less than 120 days prior to
the scheduled tree trimming or brush removal. If the owner of the
property is a city, county, city and county or other entity of local
government, notice shall be given to the city council, board of
supervisors, or other governing body. If the owner of the property is
the state, notice shall be given to the state entities that
administer and occupy the property and to the city council or board
of supervisors of the city, county, or city and county where the
state property is located.
(b) Provide notification on the utility's Internet Web site no
less than 120 days prior to the scheduled tree trimming or bush
removal.
(c) Publish legal notification of the scheduled tree trimming or
brush removal at least once in a newspaper of general circulation
serving the area of the proposed tree trimming or brush removal not
less than 120 days prior to the scheduled tree trimming or brush
removal.
(a) Annually provide a copy of the utility's vegetation management
plan to the city, county, city and county, or other entity of local
government that will be affected by the plan.
(b) Publish the vegetation management plan on the utility's
Internet Web site.
(c) Prior to conducting vegetation
management, a utility shall provide notification to any property
owners that will be affected by the vegetation management. This
notification shall explain that the utility may remove trees that are
unhealthy or too close to power lines. This notification shall
contain the utility's contact information to allow the
property owners to contact the utility in order to obtain more
information or express their concerns regarding the vegetation
management.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
