Amended IN Senate March 14, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 247Introduced by Senator DoddFebruary 11, 2019 An act to add Section 4742 to the Public Resources Code, and to add Section 8386.7 to the Public Utilities Code, relating to wildland fire prevention. LEGISLATIVE COUNSEL'S DIGESTSB 247, as amended, Dodd. Wildland fire prevention: vegetation: management.Pursuant to existing law, the Department of Forestry and Fire Protection is responsible for fire protection in state responsibility areas, as well as the administration of the state's private and public forests, and the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. 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 each electrical corporation to annually prepare a wildfire mitigation plan and to submit its plan to the commission for review and approval, as specified. Existing law requires the commission, at the time it approves each plan, to authorize the utility to establish a memorandum account to track costs incurred to implement the plan. Following approval, the commission is required to oversee compliance with the plans.Existing law requires the commission and the department to enter into a memorandum of understanding to cooperatively develop consistent approaches and share data related to fire prevention, safety, vegetation management, and energy distribution systems and to share results from various fire prevention activities, including relevant inspections and fire ignition data.Beginning January 1, 2021, this bill would require the department to provide a trim list to each electrical corporation identifying all trees and other vegetation in the vicinity of electrical lines or equipment owned by the electrical corporation requiring removal or trimming, including the extent of trimming required. The bill would require the department to provide an updated trim list to the electrical corporation no longer than one week after the identification of additional required vegetation management. The bill would require the electrical corporation to notify the department after it has completed all or a substantial portion of the trimming or removal in the trim list. Upon receiving notice from the electrical corporation, the bill would require the department to promptly audit the work performed by, or on behalf of, the electrical corporation and to specify any failure of the electrical corporation to fully comply with the trim list. The bill would provide that an electrical corporation would have a reasonable time to correct and eliminate any deficiency specified in the audit. The bill would require the department, after the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, to report to the electrical corporation and the commission specifically describing any failure of the electrical corporation to substantially comply with the trim list and to make the report publicly available. The bill would require each electrical corporation to reimburse the department for its cost to carry out these functions with respect to that electrical corporations electrical lines and other exposed energized overhead conductors and equipment.The willful or negligent failure to perform any of these electrical corporation obligations would be a misdemeanor.This bill would require the commission to establish a two-way balancing account for each electrical corporation for all costs incurred by the electrical corporation for vegetation management, prohibit the electrical corporation from diverting any revenue from the account to any activity other than vegetation management, and prohibit the electrical corporation from earning any profit on any revenue from the account. The bill would require the commission to ensure that an electrical corporation fully recovers all costs incurred to comply with the trim list requirements that would be adopted pursuant to the bill and all other reasonable vegetation management activity.Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.Because a violation of an order or decision of the commission implementing its requirements would be a crime, and because a willful or negligent failure to comply with the trim list requirements described above would be a crime, the bill would impose a state-mandated local program by creating new crimes.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.Existing law requires the Department of Forestry and Fire Protection to assist local governments in preventing future wildland fire and vegetation management problems by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible, as provided.This bill would provide that it is the intent of the Legislature to enact legislation that would require the department to identify trees that should be trimmed or removed to protect against contact between trees and electric power lines that could cause a fire.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Wildfire Vegetation Safety and Accountability Act.SEC. 2. Section 4742 is added to the Public Resources Code, to read:4742. (a) (1) The department shall provide a list for each electrical corporation identifying all trees and other vegetation requiring removal or trimming in the vicinity of electrical lines or equipment owned by the electrical corporation, including the extent of trimming required. This list shall be known as the trim list. The trim list shall describe the actions required to do both of the following:(A) Ensure compliance with all rules, decisions, or orders of the Public Utilities Commission and any other legal requirements.(B) Reduce the risk of wildfires resulting from contact with electrical lines or equipment owned by the electrical corporation to a reasonable level.(2) The department shall provide the trim list to the electrical corporation as soon as reasonably practical, but no longer than one week after the identification of trees and other vegetation for removal or trimming. The trim list shall be provided on a rolling basis as the identification is made.(b) (1) An electrical corporation shall notify the department after it has completed all or a substantial portion of the trimming or removal in the trim list. Upon receiving notice from the electrical corporation, the department shall promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the trim list and the department shall provide that specification to the electrical corporation. The electrical corporation shall have a reasonable time to correct and eliminate any deficiency specified in the audit.(2) After the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, the department shall issue a report to the electrical corporation and Public Utilities Commission specifically describing any failure of the electrical corporation to substantially comply with the trim list. The report shall be made publicly available.(c) (1) All electrical line clearance tree trimmers performing work to comply with the trim list shall be qualified line clearance tree trimmers or trainees under the direct supervision and instruction of qualified line clearance tree trimmers as provided in the Department of Industrial Relations High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations).(2) All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.(d) Each electrical corporation shall reimburse the department for its cost to carry out this section with respect to that electrical corporations electrical lines and other exposed energized overhead conductors and equipment.(e) This section shall become operative on January 1, 2021.SEC. 3. Section 8386.7 is added to the Public Utilities Code, to read:8386.7. (a) The commission shall establish a two-way balancing account for each electrical corporation for all costs incurred by the electrical corporation for vegetation management.(b) The commission shall prohibit the electrical corporation from diverting any revenue from the account to any activity other than vegetation management.(c) The commission shall prohibit the electrical corporation from earning any profit on any revenue from the account.(d) The commission shall ensure that an electrical corporation fully recovers all costs incurred to comply with Section 4742 of the Public Resources Code and all other reasonable vegetation management activity.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 4742 is added to the Public Resources Code, immediately following Section 4741, to read:4742.It is the intent of the Legislature to enact legislation that would require the department to identify trees that should be trimmed or removed to protect against contact between trees and electric power lines that could cause a fire.
Amended IN Senate March 14, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 247Introduced by Senator DoddFebruary 11, 2019 An act to add Section 4742 to the Public Resources Code, and to add Section 8386.7 to the Public Utilities Code, relating to wildland fire prevention. LEGISLATIVE COUNSEL'S DIGESTSB 247, as amended, Dodd. Wildland fire prevention: vegetation: management.Pursuant to existing law, the Department of Forestry and Fire Protection is responsible for fire protection in state responsibility areas, as well as the administration of the state's private and public forests, and the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. 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 each electrical corporation to annually prepare a wildfire mitigation plan and to submit its plan to the commission for review and approval, as specified. Existing law requires the commission, at the time it approves each plan, to authorize the utility to establish a memorandum account to track costs incurred to implement the plan. Following approval, the commission is required to oversee compliance with the plans.Existing law requires the commission and the department to enter into a memorandum of understanding to cooperatively develop consistent approaches and share data related to fire prevention, safety, vegetation management, and energy distribution systems and to share results from various fire prevention activities, including relevant inspections and fire ignition data.Beginning January 1, 2021, this bill would require the department to provide a trim list to each electrical corporation identifying all trees and other vegetation in the vicinity of electrical lines or equipment owned by the electrical corporation requiring removal or trimming, including the extent of trimming required. The bill would require the department to provide an updated trim list to the electrical corporation no longer than one week after the identification of additional required vegetation management. The bill would require the electrical corporation to notify the department after it has completed all or a substantial portion of the trimming or removal in the trim list. Upon receiving notice from the electrical corporation, the bill would require the department to promptly audit the work performed by, or on behalf of, the electrical corporation and to specify any failure of the electrical corporation to fully comply with the trim list. The bill would provide that an electrical corporation would have a reasonable time to correct and eliminate any deficiency specified in the audit. The bill would require the department, after the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, to report to the electrical corporation and the commission specifically describing any failure of the electrical corporation to substantially comply with the trim list and to make the report publicly available. The bill would require each electrical corporation to reimburse the department for its cost to carry out these functions with respect to that electrical corporations electrical lines and other exposed energized overhead conductors and equipment.The willful or negligent failure to perform any of these electrical corporation obligations would be a misdemeanor.This bill would require the commission to establish a two-way balancing account for each electrical corporation for all costs incurred by the electrical corporation for vegetation management, prohibit the electrical corporation from diverting any revenue from the account to any activity other than vegetation management, and prohibit the electrical corporation from earning any profit on any revenue from the account. The bill would require the commission to ensure that an electrical corporation fully recovers all costs incurred to comply with the trim list requirements that would be adopted pursuant to the bill and all other reasonable vegetation management activity.Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.Because a violation of an order or decision of the commission implementing its requirements would be a crime, and because a willful or negligent failure to comply with the trim list requirements described above would be a crime, the bill would impose a state-mandated local program by creating new crimes.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.Existing law requires the Department of Forestry and Fire Protection to assist local governments in preventing future wildland fire and vegetation management problems by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible, as provided.This bill would provide that it is the intent of the Legislature to enact legislation that would require the department to identify trees that should be trimmed or removed to protect against contact between trees and electric power lines that could cause a fire.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate March 14, 2019
Amended IN Senate March 14, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 247
Introduced by Senator DoddFebruary 11, 2019
Introduced by Senator Dodd
February 11, 2019
An act to add Section 4742 to the Public Resources Code, and to add Section 8386.7 to the Public Utilities Code, relating to wildland fire prevention.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 247, as amended, Dodd. Wildland fire prevention: vegetation: management.
Pursuant to existing law, the Department of Forestry and Fire Protection is responsible for fire protection in state responsibility areas, as well as the administration of the state's private and public forests, and the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. 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 each electrical corporation to annually prepare a wildfire mitigation plan and to submit its plan to the commission for review and approval, as specified. Existing law requires the commission, at the time it approves each plan, to authorize the utility to establish a memorandum account to track costs incurred to implement the plan. Following approval, the commission is required to oversee compliance with the plans.Existing law requires the commission and the department to enter into a memorandum of understanding to cooperatively develop consistent approaches and share data related to fire prevention, safety, vegetation management, and energy distribution systems and to share results from various fire prevention activities, including relevant inspections and fire ignition data.Beginning January 1, 2021, this bill would require the department to provide a trim list to each electrical corporation identifying all trees and other vegetation in the vicinity of electrical lines or equipment owned by the electrical corporation requiring removal or trimming, including the extent of trimming required. The bill would require the department to provide an updated trim list to the electrical corporation no longer than one week after the identification of additional required vegetation management. The bill would require the electrical corporation to notify the department after it has completed all or a substantial portion of the trimming or removal in the trim list. Upon receiving notice from the electrical corporation, the bill would require the department to promptly audit the work performed by, or on behalf of, the electrical corporation and to specify any failure of the electrical corporation to fully comply with the trim list. The bill would provide that an electrical corporation would have a reasonable time to correct and eliminate any deficiency specified in the audit. The bill would require the department, after the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, to report to the electrical corporation and the commission specifically describing any failure of the electrical corporation to substantially comply with the trim list and to make the report publicly available. The bill would require each electrical corporation to reimburse the department for its cost to carry out these functions with respect to that electrical corporations electrical lines and other exposed energized overhead conductors and equipment.The willful or negligent failure to perform any of these electrical corporation obligations would be a misdemeanor.This bill would require the commission to establish a two-way balancing account for each electrical corporation for all costs incurred by the electrical corporation for vegetation management, prohibit the electrical corporation from diverting any revenue from the account to any activity other than vegetation management, and prohibit the electrical corporation from earning any profit on any revenue from the account. The bill would require the commission to ensure that an electrical corporation fully recovers all costs incurred to comply with the trim list requirements that would be adopted pursuant to the bill and all other reasonable vegetation management activity.Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.Because a violation of an order or decision of the commission implementing its requirements would be a crime, and because a willful or negligent failure to comply with the trim list requirements described above would be a crime, the bill would impose a state-mandated local program by creating new crimes.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.Existing law requires the Department of Forestry and Fire Protection to assist local governments in preventing future wildland fire and vegetation management problems by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible, as provided.This bill would provide that it is the intent of the Legislature to enact legislation that would require the department to identify trees that should be trimmed or removed to protect against contact between trees and electric power lines that could cause a fire.
Pursuant to existing law, the Department of Forestry and Fire Protection is responsible for fire protection in state responsibility areas, as well as the administration of the state's private and public forests, and the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. 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 each electrical corporation to annually prepare a wildfire mitigation plan and to submit its plan to the commission for review and approval, as specified. Existing law requires the commission, at the time it approves each plan, to authorize the utility to establish a memorandum account to track costs incurred to implement the plan. Following approval, the commission is required to oversee compliance with the plans.
Existing law requires the commission and the department to enter into a memorandum of understanding to cooperatively develop consistent approaches and share data related to fire prevention, safety, vegetation management, and energy distribution systems and to share results from various fire prevention activities, including relevant inspections and fire ignition data.
Beginning January 1, 2021, this bill would require the department to provide a trim list to each electrical corporation identifying all trees and other vegetation in the vicinity of electrical lines or equipment owned by the electrical corporation requiring removal or trimming, including the extent of trimming required. The bill would require the department to provide an updated trim list to the electrical corporation no longer than one week after the identification of additional required vegetation management. The bill would require the electrical corporation to notify the department after it has completed all or a substantial portion of the trimming or removal in the trim list. Upon receiving notice from the electrical corporation, the bill would require the department to promptly audit the work performed by, or on behalf of, the electrical corporation and to specify any failure of the electrical corporation to fully comply with the trim list. The bill would provide that an electrical corporation would have a reasonable time to correct and eliminate any deficiency specified in the audit. The bill would require the department, after the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, to report to the electrical corporation and the commission specifically describing any failure of the electrical corporation to substantially comply with the trim list and to make the report publicly available. The bill would require each electrical corporation to reimburse the department for its cost to carry out these functions with respect to that electrical corporations electrical lines and other exposed energized overhead conductors and equipment.
The willful or negligent failure to perform any of these electrical corporation obligations would be a misdemeanor.
This bill would require the commission to establish a two-way balancing account for each electrical corporation for all costs incurred by the electrical corporation for vegetation management, prohibit the electrical corporation from diverting any revenue from the account to any activity other than vegetation management, and prohibit the electrical corporation from earning any profit on any revenue from the account. The bill would require the commission to ensure that an electrical corporation fully recovers all costs incurred to comply with the trim list requirements that would be adopted pursuant to the bill and all other reasonable vegetation management activity.
Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because a violation of an order or decision of the commission implementing its requirements would be a crime, and because a willful or negligent failure to comply with the trim list requirements described above would be a crime, the bill would impose a state-mandated local program by creating new crimes.
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.
Existing law requires the Department of Forestry and Fire Protection to assist local governments in preventing future wildland fire and vegetation management problems by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible, as provided.
This bill would provide that it is the intent of the Legislature to enact legislation that would require the department to identify trees that should be trimmed or removed to protect against contact between trees and electric power lines that could cause a fire.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Wildfire Vegetation Safety and Accountability Act.SEC. 2. Section 4742 is added to the Public Resources Code, to read:4742. (a) (1) The department shall provide a list for each electrical corporation identifying all trees and other vegetation requiring removal or trimming in the vicinity of electrical lines or equipment owned by the electrical corporation, including the extent of trimming required. This list shall be known as the trim list. The trim list shall describe the actions required to do both of the following:(A) Ensure compliance with all rules, decisions, or orders of the Public Utilities Commission and any other legal requirements.(B) Reduce the risk of wildfires resulting from contact with electrical lines or equipment owned by the electrical corporation to a reasonable level.(2) The department shall provide the trim list to the electrical corporation as soon as reasonably practical, but no longer than one week after the identification of trees and other vegetation for removal or trimming. The trim list shall be provided on a rolling basis as the identification is made.(b) (1) An electrical corporation shall notify the department after it has completed all or a substantial portion of the trimming or removal in the trim list. Upon receiving notice from the electrical corporation, the department shall promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the trim list and the department shall provide that specification to the electrical corporation. The electrical corporation shall have a reasonable time to correct and eliminate any deficiency specified in the audit.(2) After the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, the department shall issue a report to the electrical corporation and Public Utilities Commission specifically describing any failure of the electrical corporation to substantially comply with the trim list. The report shall be made publicly available.(c) (1) All electrical line clearance tree trimmers performing work to comply with the trim list shall be qualified line clearance tree trimmers or trainees under the direct supervision and instruction of qualified line clearance tree trimmers as provided in the Department of Industrial Relations High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations).(2) All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.(d) Each electrical corporation shall reimburse the department for its cost to carry out this section with respect to that electrical corporations electrical lines and other exposed energized overhead conductors and equipment.(e) This section shall become operative on January 1, 2021.SEC. 3. Section 8386.7 is added to the Public Utilities Code, to read:8386.7. (a) The commission shall establish a two-way balancing account for each electrical corporation for all costs incurred by the electrical corporation for vegetation management.(b) The commission shall prohibit the electrical corporation from diverting any revenue from the account to any activity other than vegetation management.(c) The commission shall prohibit the electrical corporation from earning any profit on any revenue from the account.(d) The commission shall ensure that an electrical corporation fully recovers all costs incurred to comply with Section 4742 of the Public Resources Code and all other reasonable vegetation management activity.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 4742 is added to the Public Resources Code, immediately following Section 4741, to read:4742.It is the intent of the Legislature to enact legislation that would require the department to identify trees that should be trimmed or removed to protect against contact between trees and electric power lines that could cause a fire.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. This act shall be known, and may be cited, as the Wildfire Vegetation Safety and Accountability Act.
SECTION 1. This act shall be known, and may be cited, as the Wildfire Vegetation Safety and Accountability Act.
SECTION 1. This act shall be known, and may be cited, as the Wildfire Vegetation Safety and Accountability Act.
### SECTION 1.
SEC. 2. Section 4742 is added to the Public Resources Code, to read:4742. (a) (1) The department shall provide a list for each electrical corporation identifying all trees and other vegetation requiring removal or trimming in the vicinity of electrical lines or equipment owned by the electrical corporation, including the extent of trimming required. This list shall be known as the trim list. The trim list shall describe the actions required to do both of the following:(A) Ensure compliance with all rules, decisions, or orders of the Public Utilities Commission and any other legal requirements.(B) Reduce the risk of wildfires resulting from contact with electrical lines or equipment owned by the electrical corporation to a reasonable level.(2) The department shall provide the trim list to the electrical corporation as soon as reasonably practical, but no longer than one week after the identification of trees and other vegetation for removal or trimming. The trim list shall be provided on a rolling basis as the identification is made.(b) (1) An electrical corporation shall notify the department after it has completed all or a substantial portion of the trimming or removal in the trim list. Upon receiving notice from the electrical corporation, the department shall promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the trim list and the department shall provide that specification to the electrical corporation. The electrical corporation shall have a reasonable time to correct and eliminate any deficiency specified in the audit.(2) After the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, the department shall issue a report to the electrical corporation and Public Utilities Commission specifically describing any failure of the electrical corporation to substantially comply with the trim list. The report shall be made publicly available.(c) (1) All electrical line clearance tree trimmers performing work to comply with the trim list shall be qualified line clearance tree trimmers or trainees under the direct supervision and instruction of qualified line clearance tree trimmers as provided in the Department of Industrial Relations High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations).(2) All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.(d) Each electrical corporation shall reimburse the department for its cost to carry out this section with respect to that electrical corporations electrical lines and other exposed energized overhead conductors and equipment.(e) This section shall become operative on January 1, 2021.
SEC. 2. Section 4742 is added to the Public Resources Code, to read:
### SEC. 2.
4742. (a) (1) The department shall provide a list for each electrical corporation identifying all trees and other vegetation requiring removal or trimming in the vicinity of electrical lines or equipment owned by the electrical corporation, including the extent of trimming required. This list shall be known as the trim list. The trim list shall describe the actions required to do both of the following:(A) Ensure compliance with all rules, decisions, or orders of the Public Utilities Commission and any other legal requirements.(B) Reduce the risk of wildfires resulting from contact with electrical lines or equipment owned by the electrical corporation to a reasonable level.(2) The department shall provide the trim list to the electrical corporation as soon as reasonably practical, but no longer than one week after the identification of trees and other vegetation for removal or trimming. The trim list shall be provided on a rolling basis as the identification is made.(b) (1) An electrical corporation shall notify the department after it has completed all or a substantial portion of the trimming or removal in the trim list. Upon receiving notice from the electrical corporation, the department shall promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the trim list and the department shall provide that specification to the electrical corporation. The electrical corporation shall have a reasonable time to correct and eliminate any deficiency specified in the audit.(2) After the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, the department shall issue a report to the electrical corporation and Public Utilities Commission specifically describing any failure of the electrical corporation to substantially comply with the trim list. The report shall be made publicly available.(c) (1) All electrical line clearance tree trimmers performing work to comply with the trim list shall be qualified line clearance tree trimmers or trainees under the direct supervision and instruction of qualified line clearance tree trimmers as provided in the Department of Industrial Relations High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations).(2) All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.(d) Each electrical corporation shall reimburse the department for its cost to carry out this section with respect to that electrical corporations electrical lines and other exposed energized overhead conductors and equipment.(e) This section shall become operative on January 1, 2021.
4742. (a) (1) The department shall provide a list for each electrical corporation identifying all trees and other vegetation requiring removal or trimming in the vicinity of electrical lines or equipment owned by the electrical corporation, including the extent of trimming required. This list shall be known as the trim list. The trim list shall describe the actions required to do both of the following:(A) Ensure compliance with all rules, decisions, or orders of the Public Utilities Commission and any other legal requirements.(B) Reduce the risk of wildfires resulting from contact with electrical lines or equipment owned by the electrical corporation to a reasonable level.(2) The department shall provide the trim list to the electrical corporation as soon as reasonably practical, but no longer than one week after the identification of trees and other vegetation for removal or trimming. The trim list shall be provided on a rolling basis as the identification is made.(b) (1) An electrical corporation shall notify the department after it has completed all or a substantial portion of the trimming or removal in the trim list. Upon receiving notice from the electrical corporation, the department shall promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the trim list and the department shall provide that specification to the electrical corporation. The electrical corporation shall have a reasonable time to correct and eliminate any deficiency specified in the audit.(2) After the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, the department shall issue a report to the electrical corporation and Public Utilities Commission specifically describing any failure of the electrical corporation to substantially comply with the trim list. The report shall be made publicly available.(c) (1) All electrical line clearance tree trimmers performing work to comply with the trim list shall be qualified line clearance tree trimmers or trainees under the direct supervision and instruction of qualified line clearance tree trimmers as provided in the Department of Industrial Relations High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations).(2) All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.(d) Each electrical corporation shall reimburse the department for its cost to carry out this section with respect to that electrical corporations electrical lines and other exposed energized overhead conductors and equipment.(e) This section shall become operative on January 1, 2021.
4742. (a) (1) The department shall provide a list for each electrical corporation identifying all trees and other vegetation requiring removal or trimming in the vicinity of electrical lines or equipment owned by the electrical corporation, including the extent of trimming required. This list shall be known as the trim list. The trim list shall describe the actions required to do both of the following:(A) Ensure compliance with all rules, decisions, or orders of the Public Utilities Commission and any other legal requirements.(B) Reduce the risk of wildfires resulting from contact with electrical lines or equipment owned by the electrical corporation to a reasonable level.(2) The department shall provide the trim list to the electrical corporation as soon as reasonably practical, but no longer than one week after the identification of trees and other vegetation for removal or trimming. The trim list shall be provided on a rolling basis as the identification is made.(b) (1) An electrical corporation shall notify the department after it has completed all or a substantial portion of the trimming or removal in the trim list. Upon receiving notice from the electrical corporation, the department shall promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the trim list and the department shall provide that specification to the electrical corporation. The electrical corporation shall have a reasonable time to correct and eliminate any deficiency specified in the audit.(2) After the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, the department shall issue a report to the electrical corporation and Public Utilities Commission specifically describing any failure of the electrical corporation to substantially comply with the trim list. The report shall be made publicly available.(c) (1) All electrical line clearance tree trimmers performing work to comply with the trim list shall be qualified line clearance tree trimmers or trainees under the direct supervision and instruction of qualified line clearance tree trimmers as provided in the Department of Industrial Relations High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations).(2) All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.(d) Each electrical corporation shall reimburse the department for its cost to carry out this section with respect to that electrical corporations electrical lines and other exposed energized overhead conductors and equipment.(e) This section shall become operative on January 1, 2021.
4742. (a) (1) The department shall provide a list for each electrical corporation identifying all trees and other vegetation requiring removal or trimming in the vicinity of electrical lines or equipment owned by the electrical corporation, including the extent of trimming required. This list shall be known as the trim list. The trim list shall describe the actions required to do both of the following:
(A) Ensure compliance with all rules, decisions, or orders of the Public Utilities Commission and any other legal requirements.
(B) Reduce the risk of wildfires resulting from contact with electrical lines or equipment owned by the electrical corporation to a reasonable level.
(2) The department shall provide the trim list to the electrical corporation as soon as reasonably practical, but no longer than one week after the identification of trees and other vegetation for removal or trimming. The trim list shall be provided on a rolling basis as the identification is made.
(b) (1) An electrical corporation shall notify the department after it has completed all or a substantial portion of the trimming or removal in the trim list. Upon receiving notice from the electrical corporation, the department shall promptly audit the work performed by, or on behalf of, the electrical corporation. The audit shall specify any failure of the electrical corporation to fully comply with the trim list and the department shall provide that specification to the electrical corporation. The electrical corporation shall have a reasonable time to correct and eliminate any deficiency specified in the audit.
(2) After the time to correct and eliminate any deficiency specified in the audit expires, and no less than annually, the department shall issue a report to the electrical corporation and Public Utilities Commission specifically describing any failure of the electrical corporation to substantially comply with the trim list. The report shall be made publicly available.
(c) (1) All electrical line clearance tree trimmers performing work to comply with the trim list shall be qualified line clearance tree trimmers or trainees under the direct supervision and instruction of qualified line clearance tree trimmers as provided in the Department of Industrial Relations High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations).
(2) All qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first period apprentice electrical utility lineman as determined by the Director of Industrial Relations.
(d) Each electrical corporation shall reimburse the department for its cost to carry out this section with respect to that electrical corporations electrical lines and other exposed energized overhead conductors and equipment.
(e) This section shall become operative on January 1, 2021.
SEC. 3. Section 8386.7 is added to the Public Utilities Code, to read:8386.7. (a) The commission shall establish a two-way balancing account for each electrical corporation for all costs incurred by the electrical corporation for vegetation management.(b) The commission shall prohibit the electrical corporation from diverting any revenue from the account to any activity other than vegetation management.(c) The commission shall prohibit the electrical corporation from earning any profit on any revenue from the account.(d) The commission shall ensure that an electrical corporation fully recovers all costs incurred to comply with Section 4742 of the Public Resources Code and all other reasonable vegetation management activity.
SEC. 3. Section 8386.7 is added to the Public Utilities Code, to read:
### SEC. 3.
8386.7. (a) The commission shall establish a two-way balancing account for each electrical corporation for all costs incurred by the electrical corporation for vegetation management.(b) The commission shall prohibit the electrical corporation from diverting any revenue from the account to any activity other than vegetation management.(c) The commission shall prohibit the electrical corporation from earning any profit on any revenue from the account.(d) The commission shall ensure that an electrical corporation fully recovers all costs incurred to comply with Section 4742 of the Public Resources Code and all other reasonable vegetation management activity.
8386.7. (a) The commission shall establish a two-way balancing account for each electrical corporation for all costs incurred by the electrical corporation for vegetation management.(b) The commission shall prohibit the electrical corporation from diverting any revenue from the account to any activity other than vegetation management.(c) The commission shall prohibit the electrical corporation from earning any profit on any revenue from the account.(d) The commission shall ensure that an electrical corporation fully recovers all costs incurred to comply with Section 4742 of the Public Resources Code and all other reasonable vegetation management activity.
8386.7. (a) The commission shall establish a two-way balancing account for each electrical corporation for all costs incurred by the electrical corporation for vegetation management.(b) The commission shall prohibit the electrical corporation from diverting any revenue from the account to any activity other than vegetation management.(c) The commission shall prohibit the electrical corporation from earning any profit on any revenue from the account.(d) The commission shall ensure that an electrical corporation fully recovers all costs incurred to comply with Section 4742 of the Public Resources Code and all other reasonable vegetation management activity.
8386.7. (a) The commission shall establish a two-way balancing account for each electrical corporation for all costs incurred by the electrical corporation for vegetation management.
(b) The commission shall prohibit the electrical corporation from diverting any revenue from the account to any activity other than vegetation management.
(c) The commission shall prohibit the electrical corporation from earning any profit on any revenue from the account.
(d) The commission shall ensure that an electrical corporation fully recovers all costs incurred to comply with Section 4742 of the Public Resources Code and all other reasonable vegetation management activity.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 4.
It is the intent of the Legislature to enact legislation that would require the department to identify trees that should be trimmed or removed to protect against contact between trees and electric power lines that could cause a fire.