Bill Text: CA AB2556 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 2556	AMENDED
	BILL TEXT

	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  state the intent of the Legislature to
enact subsequent legislation to modify existing requirements followed
by electrical corporations and local publicly owned electric
utilities in the trimming of trees and other vegetation to adequately
protect public safety while implementing good forestry practices,
protecting heritage trees, and respecting community values. 
 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, preserve the
health of mountainous lands, forest-covered lands, 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,
 provide notification on its Internet Web site, and publish
legal notification prior to undertaking tree trimming maintenance or
brush removal. 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:  no
  yes  . State-mandated local program:  no
  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  Section 
 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
person does not have the legal right to maintain such clearing, nor
do such sections require any person to enter upon or to damage
property which 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.  
   (2) Make a good faith effort to implement good forestry practices
and vegetation management practices, preserve the health of
mountainous lands, forest-covered lands, brush-covered lands. 

   (3) Protect the aesthetic, cultural, and property value of the
area.  
   (4) Comply with the requirements of Chapter 6 (commencing with
Section 8390) of Division 4.1 of the Public Utilities Code. 

   (d) For purposes of this section, "electrical corporation" and
"local publicly owned electric utility" have the same meanings,
respectively, as defined in Section 218 and 224.3 of the Public
Utilities Code. 
   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.
   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) 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. 
   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.  
  SECTION 1.    It is the intent of the Legislature
to enact subsequent legislation to modify existing requirements
followed by electrical corporations and local publicly owned electric
utilities in the trimming of trees and other vegetation to
adequately protect public safety while implementing good forestry
practices, protecting heritage trees, and respecting community
values.