Bill Text: CA SB396 | 2021-2022 | Regular Session | Amended
Bill Title: Forestry: electrical transmission or distribution lines: clearances: notice and opportunity to be heard.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-08-31 - Ordered to inactive file on request of Senator Bradford. [SB396 Detail]
Download: California-2021-SB396-Amended.html
Amended
IN
Assembly
September 03, 2021 |
Amended
IN
Assembly
July 12, 2021 |
Amended
IN
Assembly
June 30, 2021 |
Introduced by Senator Dahle (Principal coauthor: Assembly Member Mayes) |
February 11, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 15478 is added to the Government Code, to read:15478.
(a) On or before(a)Standardized
(b)
(c)
(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 Commission’s 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 Commission’s 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.
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(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.