California Assembly Bill AB2556 Amended / Bill

 BILL NUMBER: AB 2556AMENDED 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.