Bill Text: CA AB2874 | 2021-2022 | Regular Session | Amended

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

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Bill Title: Fire prevention: electrical utility facilities and maintenance: liability of contractors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-06 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2874 Detail]

Download: California-2021-AB2874-Amended.html

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Amended  IN  Assembly  March 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2874

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Introduced by Assembly Member Cooley

February 18, 2022

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An act to add Section 8387.5 to the Public Utilities Code, relating to public resources. wildfire prevention.

LEGISLATIVE COUNSEL'S DIGEST

AB 2874, as amended, Cooley. Wildfire prevention: vegetation management. electrical utility facilities and maintenance: liability of contractors.

Existing law requires each electrical corporation, local publicly owned electric utility, and electrical cooperative to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. Existing law 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 between all vegetation and all conductors that are carrying electrical current, as prescribed.

This bill would provide that a person or entity that performs tree trimming or vegetation maintenance services or specialty electrical contracting services under contract to an electrical utility is not liable for any damage or injury that results from a wildfire ignited by electrical utility facilities, except for damage or injury proximately caused by the contractor’s negligence, gross negligence, or willful misconduct. The bill would limit the liability to the dollar amount of applicable wildfire insurance possessed by the contractor, as provided. The bill would define various terms for purposes of those provisions and would state related findings and declarations of the Legislature.

Existing law declares that the Department of Forestry and Fire Protection has extensive technical expertise in wildland fire prevention and vegetation management on forest, range, and watershed lands. Existing law further declares that because of the scope of the problem of high-intensity wildland fires and the expertise of the department, local governments, including cities, counties, and special districts, need assistance in preventing future problems resulting from inadequate fire prevention planning and vegetation management.

This bill would express the intent of the Legislature to enact subsequent legislation that would address wildfire fuel management goals for the public benefit, including the identification and mitigation of vegetation that creates a fire hazard.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares both of the following:

(a) In order to meet fuel management goals for the public benefit, the state must rely on private entities to engage in vegetation management, including identification and mitigation of vegetation that creates a fire hazard.

(b) In order to meet electrical transmission and distribution infrastructure goals for the public benefit, including ensuring electrical transmission and distribution systems are constructed, maintained, upgraded, hardened, and expanded in a safe and resilient manner in order to reduce wildfire risk and in order to meet increased demand for electric power and increased capacity to provide greater amounts of electrification and renewable power generation and storage, the state must rely upon private entities to provide specialty electrical contracting services.

SEC. 2.

 Section 8387.5 is added to the Public Utilities Code, to read:

8387.5.

 (a) (1) No person or entity that performs tree trimming or vegetation maintenance services under contract to an electrical utility, and no person or entity that performs specialty electrical contracting services under contract to an electrical utility, is liable for any damage or injury that results from a wildfire ignited by electrical utility facilities, except for damage or injury proximately caused by the contractor’s negligence, gross negligence, or willful misconduct.

(2) Notwithstanding any other law, the liability described in paragraph (1) shall not exceed the dollar amount of insurance that provides coverage for wildfires possessed by the contractor.

(b)  For purposes of this section:

(1)  “Electrical utility” means any entity that provides electrical service to the public or any portion thereof, including any public utility, electrical corporation, investor-owned utility, publicly owned electrical utility, electrical cooperative, electric service provider, private company, and county, city, district, public authority, public agency, and any other political subdivision, or public corporation.

(2) “Electrical utility facilities” include:

(A) Electrical distribution or transmission lines, poles, towers and other structures, and any parts, attachments, assemblies, or other facilities connected to or part of the operation of those lines, poles, towers, or other structures.

(B) Any electric power generation, switch yards, substations, battery storage, or other facilities connected to or part of the electrical utility’s electric power infrastructure system.

(3) “Specialty electrical contracting services” includes any work performed relating to the design, engineering, construction, upgrade, repair, maintenance, inspection, shutoff, restoration, or system consulting services for electric utility facilities.

(4) “Tree trimming or vegetation management services” means any work performed to obtain or maintain clearances between trees, brush, or other vegetation and electrical utility facilities, or to remove trees, brush, or other vegetation that may pose a hazard to electrical utility facilities, including:

(A) Trimming, pruning, cutting, or removal of trees, brush, or other vegetation.

(B) Inspections, testing, or treatment of poles or other structures.

(C) Inspection of trees, brush, or other vegetation, audits, supervision, coordination, surveys, or consulting services.

(5)  “Wildfire” means any wildfire, wildland fire, woodland fire, forest fire, brush fire, vegetation fire, grass fire, hill fire, any other uncontrolled fire, or any fire that breaks out from where it was intended to be, and can damage or destroy houses, buildings, or other structures or property, timber, and agricultural or animal resources, and can cause personal injury or death.

SECTION 1.

It is the intent of the Legislature to enact subsequent legislation that would address wildfire fuel management goals for the public benefit, including the identification and mitigation of vegetation that creates a fire hazard.