| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly March | |
| 1 | + | Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2874Introduced by Assembly Member CooleyFebruary 18, 2022 An act to add Section 8387.5 to the Public Utilities Code, relating to public resources. wildfire prevention.LEGISLATIVE COUNSEL'S DIGESTAB 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 contractors 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 Bill TextThe 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 contractors 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 utilitys 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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2874Introduced by Assembly Member CooleyFebruary 18, 2022 An act to add Section 8387.5 to the Public Utilities Code, relating to public resources. wildfire prevention.LEGISLATIVE COUNSEL'S DIGESTAB 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 contractors 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 | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 17, 2022 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly March 28, 2022 | |
| 8 | 7 | Amended IN Assembly March 17, 2022 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 2874 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member CooleyFebruary 18, 2022 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Cooley | |
| 19 | 18 | February 18, 2022 | |
| 20 | 19 | ||
| 21 | - | An act to add Section 8387.5 to the Public Utilities Code, relating to wildfire | |
| 20 | + | An act to add Section 8387.5 to the Public Utilities Code, relating to public resources. wildfire prevention. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 2874, as amended, Cooley. Wildfire | |
| 26 | + | AB 2874, as amended, Cooley. Wildfire prevention: vegetation management. electrical utility facilities and maintenance: liability of contractors. | |
| 28 | 27 | ||
| 29 | - | 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 | |
| 28 | + | 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 contractors 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. | |
| 30 | 29 | ||
| 31 | 30 | 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. | |
| 32 | 31 | ||
| 33 | - | 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 fire ignited by electrical utility facilities, except for damage or injury proximately caused by the contractors negligence, gross negligence, or willful misconduct. The bill would would, for contractors who retain at least $10,000,000 of fire liability insurance, limit the liability to the dollar amount of applicable wildfire fire liability 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. | |
| 32 | + | 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 contractors 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. | |
| 33 | + | ||
| 34 | + | 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. | |
| 35 | + | ||
| 36 | + | ||
| 37 | + | ||
| 38 | + | 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. | |
| 39 | + | ||
| 40 | + | ||
| 34 | 41 | ||
| 35 | 42 | ## Digest Key | |
| 36 | 43 | ||
| 37 | 44 | ## Bill Text | |
| 38 | 45 | ||
| 39 | - | 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 | |
| 46 | + | 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 contractors 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 utilitys 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. | |
| 40 | 47 | ||
| 41 | 48 | The people of the State of California do enact as follows: | |
| 42 | 49 | ||
| 43 | 50 | ## The people of the State of California do enact as follows: | |
| 44 | 51 | ||
| 45 | - | 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 | |
| 52 | + | 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. | |
| 46 | 53 | ||
| 47 | - | 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 | |
| 54 | + | 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. | |
| 48 | 55 | ||
| 49 | 56 | SECTION 1. The Legislature finds and declares both of the following: | |
| 50 | 57 | ||
| 51 | 58 | ### SECTION 1. | |
| 52 | 59 | ||
| 53 | 60 | (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. | |
| 54 | 61 | ||
| 55 | - | (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 | |
| 62 | + | (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. | |
| 56 | 63 | ||
| 57 | - | 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 | |
| 64 | + | 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 contractors 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 utilitys 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. | |
| 58 | 65 | ||
| 59 | 66 | SEC. 2. Section 8387.5 is added to the Public Utilities Code, to read: | |
| 60 | 67 | ||
| 61 | 68 | ### SEC. 2. | |
| 62 | 69 | ||
| 63 | - | 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 | |
| 70 | + | 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 contractors 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 utilitys 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. | |
| 64 | 71 | ||
| 65 | - | 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 | |
| 72 | + | 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 contractors 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 utilitys 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. | |
| 66 | 73 | ||
| 67 | - | 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 | |
| 74 | + | 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 contractors 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 utilitys 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. | |
| 68 | 75 | ||
| 69 | 76 | ||
| 70 | 77 | ||
| 71 | - | 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 | |
| 78 | + | 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 contractors negligence, gross negligence, or willful misconduct. | |
| 72 | 79 | ||
| 73 | - | (2) Notwithstanding any other law, the liability described in paragraph (1) shall not exceed the dollar amount of | |
| 80 | + | (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. | |
| 74 | 81 | ||
| 75 | 82 | (b) For purposes of this section: | |
| 76 | 83 | ||
| 77 | 84 | (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. | |
| 78 | 85 | ||
| 79 | 86 | (2) Electrical utility facilities include: | |
| 80 | 87 | ||
| 81 | - | (A) Electrical distribution or transmission lines, poles, towers | |
| 88 | + | (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. | |
| 82 | 89 | ||
| 83 | 90 | (B) Any electric power generation, switch yards, substations, battery storage, or other facilities connected to or part of the electrical utilitys electric power infrastructure system. | |
| 84 | 91 | ||
| 85 | 92 | (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. | |
| 86 | 93 | ||
| 87 | 94 | (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: | |
| 88 | 95 | ||
| 89 | 96 | (A) Trimming, pruning, cutting, or removal of trees, brush, or other vegetation. | |
| 90 | 97 | ||
| 91 | 98 | (B) Inspections, testing, or treatment of poles or other structures. | |
| 92 | 99 | ||
| 93 | 100 | (C) Inspection of trees, brush, or other vegetation, audits, supervision, coordination, surveys, or consulting services. | |
| 94 | 101 | ||
| 95 | 102 | (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. | |
| 103 | + | ||
| 104 | + | ||
| 105 | + | ||
| 106 | + | 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. |