Amended IN Assembly June 30, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 396Introduced by Senator Dahle(Principal coauthor: Assembly Member Mayes)February 11, 2021 An act to add Section 15478 to the Government Code, and to amend Section Sections 4295.5 and 4428 of the Public Resources Code, relating to forestry. LEGISLATIVE COUNSEL'S DIGESTSB 396, as amended, Dahle. Forestry: electrical transmission or distribution lines: clearances: notice and opportunity to be heard: internal combustion engines: industrial operations: fire toolbox.Existing law prohibits any person, except as specified, from using or operating any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools, as prescribed. Existing law requires a sealed box of tools to be located within the operating area and accessible in the event of a fire, which fire toolbox shall contain: one backpack pump-type fire extinguisher filled with water, 2 axes, 2 McLeod fire tools, and a sufficient number of shovels so that each employee at the operation can be equipped to fight fire.This bill would require a dedicated set of tools to be located within the operating area and accessible in the event of a fire, which fire toolbox shall contain: a sufficient number of fire extinguishers, axes, 2 McLeod fire tools, and shovels so that, when added to any other tools on the industrial operation, each employee at the operation can be equipped to fight fire. The bill would make other nonsubstantive changes to these provisions.Existing law authorizes any person who owns, controls, operates, or maintains any electrical transmission or distribution line to traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances, as provided, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees. Existing law authorizes this abatement at the full discretion of the person that owns, controls, operates, or maintains the electrical transmission or distribution lines, except for certain applicable minimum clearance requirements for those lines. Under existing law, the Public Utilities Commission, which has regulatory authority over public utilities, including electrical corporations, has established additional vegetation management requirements.This bill would revise and recast those provisions related to electrical lines and abatement activities for a person who owns, controls, operates, or maintains an electrical transmission or distribution line, specifying that abatement activities covered by this law include felling, cutting, or trimming trees. The bill would explicitly require all these line clearance and tree pruning and abatement activities to comply with the commissions vegetation management rules, if applicable. The bill would delete an explicit statement that this electrical line access authorization provides no relief from liability for the removal of vegetation, unless that removal is covered by an applicable easement. The bill would require the identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed to be accomplished by a certified arborist or by using a tree evaluation tool or method, as provided. The bill would make any trees that are felled, cut, or trimmed, if valuable timber or wood, the property of the landowner, unless the landowner timely requests the removal of the timber or wood, in which case, the timber or wood is to be removed at no cost to the landowner. If the landowner does not make a timely request, the bill would require the timber or wood to be maintained on the property in a manner that complies with applicable laws and regulations.The California Energy Infrastructure Safety Act establishes the Office of Energy Infrastructure Safety within the Natural Resources Agency and provides that, on and after July 1, 2021, the office is the successor to, and is vested with, all of the duties, powers, and responsibilities of the Wildfire Safety Division of the commission.This bill would require the office, on or before April 1, 2022, to develop standardized content to be used to satisfy the landowner notice requirement for vegetation abatement and trimming activities and standardized content to be used by a landowner to request the removal of timber or wood, as specified; a process for a landowner to exercise the opportunity to be heard, as specified, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees; and recommendations to promote the planting of appropriate tree and shrub species near electrical infrastructures. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 15478 is added to the Government Code, to read:15478. On or before April 1, 2022, the office shall develop all of the following:(a) Standardized content for a letter that shall satisfy the landowner notice requirement described in subdivision (a) of Section 4295.5 of the Public Resources Code.(b) Standardized content for use by a landowner to request the removal of timber or wood as described in paragraph (1) of subdivision (c) of Section 4295.5 of the Public Resources Code, including a time limit for making the request.(c) A process for a landowner to exercise the opportunity to be heard, established in subdivision (a) of Section 4295.5 of the Public Resources Code, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees.(d) Recommendations to promote by entities, including, but not limited to, electric utilities, and at locations, including, but not limited to, relevant retail stores, the planting of appropriate tree and shrub species near electrical infrastructures. Appropriate tree and shrub species shall be tree and shrub species that, if planted in the vicinity of electrical transmission and distribution lines, cannot encroach within the vicinity of overhead conductors such that an electrical utility would need to perform vegetation management to mitigate wildfire risk.SEC. 2. Section 4295.5 of the Public Resources Code is amended to read:4295.5. (a) Notwithstanding any other law, including Section 4295, any a person who owns, controls, operates, or maintains any an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune fell, cut, or trim trees to maintain clearances pursuant to Section 4293, or, if applicable, Rule 35 of the Public Utilities Commissions General Order 95, and to abate, by pruning felling, cutting, or removal, trimming, any hazardous, dead, rotten, diseased, leaning, or structurally defective live trees. The felling, cutting, and trimming of these trees, and the clearances obtained when the pruning is performed felling, cutting, or trimming of trees, shall be at the full discretion of the person that owns, controls, operates, or maintains any an electrical transmission or distribution line, but shall not be no less than what is required in Section 4293. 4293, and, if applicable, Rule 35 of the Public Utilities Commissions General Order 95. This section shall apply to both high fire threat districts, as determined by the California Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.(b)Nothing in subdivision (a) shall exempt any person who owns, controls, operates, or maintains any electrical transmission or distribution line from liability for damages for the removal of vegetation that is not covered by any easement granted to him or her for the electrical transmission or distribution line.(b) Identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed pursuant to this section shall be accomplished by an arborist certified by the International Society of Arboriculture, or using a tree evaluation tool or method, developed or approved by an arborist certified by the International Society of Arboriculture and included in the wildfire mitigation plan required pursuant to Sections 8386 and 8387 of the Public Utilities Code.(c) (1) Trees that are felled, cut, or trimmed pursuant to this section or Section 4292 or 4293, if they are valuable timber or wood, shall remain the property of the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall preserve the commercial value of the timber or wood unless the removal of the timber or wood is timely requested by the landowner, in which case the person shall remove the timber or wood at no cost to the landowner.(2) If the landowner does not timely convey permission to the person who owns, controls, operates, or maintains an electrical transmission or distribution line to haul the timber or wood from the property once felled, cut, or trimmed, the person shall maintain the timber or wood on the property in a manner that complies with all applicable laws and regulations, including the forest practices rules.SECTION 1.SEC. 3. Section 4428 of the Public Resources Code is amended to read:4428. No person, except any member of an emergency crew or except the driver or owner of any service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which is used in the construction, operation, removal, or repair of the property or facilities of the utility when engaged in emergency operations, shall use or operate any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in the amounts, manner, and location prescribed in this section.(a) On any industrial operation, a dedicated set of tools shall be located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain a sufficient number of fire extinguishers, axes, McLeod fire tools, and shovels so that, when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.(b) One or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, a full set of timber-felling tools shall be located in the fire toolbox described in subdivision (a), including one crosscut falling saw six feet in length, one double-bit ax with a 36-inch handle, one sledge hammer or maul with a head weight of six or more pounds and handle length of 32 inches or more, and not less than two falling wedges.(c) Each rail speeder and passenger vehicle used on the operation shall be equipped with one shovel and one ax, and any other vehicle used on the operation shall be equipped with one shovel. Each tractor used on the operation shall be equipped with one shovel.(d) As used in this section:(1) Vehicle means a device by which any person or property may be propelled, moved, or drawn over any land surface, excepting a device moved by human power or used exclusively upon stationary rails or tracks.(2) Passenger vehicle means a vehicle that is self-propelled, designed for carrying not more than 10 persons including the driver, and used or maintained for the transportation of persons, but does not include any motortruck or truck tractor.
Amended IN Assembly June 30, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 396Introduced by Senator Dahle(Principal coauthor: Assembly Member Mayes)February 11, 2021 An act to add Section 15478 to the Government Code, and to amend Section Sections 4295.5 and 4428 of the Public Resources Code, relating to forestry. LEGISLATIVE COUNSEL'S DIGESTSB 396, as amended, Dahle. Forestry: electrical transmission or distribution lines: clearances: notice and opportunity to be heard: internal combustion engines: industrial operations: fire toolbox.Existing law prohibits any person, except as specified, from using or operating any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools, as prescribed. Existing law requires a sealed box of tools to be located within the operating area and accessible in the event of a fire, which fire toolbox shall contain: one backpack pump-type fire extinguisher filled with water, 2 axes, 2 McLeod fire tools, and a sufficient number of shovels so that each employee at the operation can be equipped to fight fire.This bill would require a dedicated set of tools to be located within the operating area and accessible in the event of a fire, which fire toolbox shall contain: a sufficient number of fire extinguishers, axes, 2 McLeod fire tools, and shovels so that, when added to any other tools on the industrial operation, each employee at the operation can be equipped to fight fire. The bill would make other nonsubstantive changes to these provisions.Existing law authorizes any person who owns, controls, operates, or maintains any electrical transmission or distribution line to traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances, as provided, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees. Existing law authorizes this abatement at the full discretion of the person that owns, controls, operates, or maintains the electrical transmission or distribution lines, except for certain applicable minimum clearance requirements for those lines. Under existing law, the Public Utilities Commission, which has regulatory authority over public utilities, including electrical corporations, has established additional vegetation management requirements.This bill would revise and recast those provisions related to electrical lines and abatement activities for a person who owns, controls, operates, or maintains an electrical transmission or distribution line, specifying that abatement activities covered by this law include felling, cutting, or trimming trees. The bill would explicitly require all these line clearance and tree pruning and abatement activities to comply with the commissions vegetation management rules, if applicable. The bill would delete an explicit statement that this electrical line access authorization provides no relief from liability for the removal of vegetation, unless that removal is covered by an applicable easement. The bill would require the identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed to be accomplished by a certified arborist or by using a tree evaluation tool or method, as provided. The bill would make any trees that are felled, cut, or trimmed, if valuable timber or wood, the property of the landowner, unless the landowner timely requests the removal of the timber or wood, in which case, the timber or wood is to be removed at no cost to the landowner. If the landowner does not make a timely request, the bill would require the timber or wood to be maintained on the property in a manner that complies with applicable laws and regulations.The California Energy Infrastructure Safety Act establishes the Office of Energy Infrastructure Safety within the Natural Resources Agency and provides that, on and after July 1, 2021, the office is the successor to, and is vested with, all of the duties, powers, and responsibilities of the Wildfire Safety Division of the commission.This bill would require the office, on or before April 1, 2022, to develop standardized content to be used to satisfy the landowner notice requirement for vegetation abatement and trimming activities and standardized content to be used by a landowner to request the removal of timber or wood, as specified; a process for a landowner to exercise the opportunity to be heard, as specified, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees; and recommendations to promote the planting of appropriate tree and shrub species near electrical infrastructures. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly June 30, 2021
Amended IN Assembly June 30, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 396
Introduced by Senator Dahle(Principal coauthor: Assembly Member Mayes)February 11, 2021
Introduced by Senator Dahle(Principal coauthor: Assembly Member Mayes)
February 11, 2021
An act to add Section 15478 to the Government Code, and to amend Section Sections 4295.5 and 4428 of the Public Resources Code, relating to forestry.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 396, as amended, Dahle. Forestry: electrical transmission or distribution lines: clearances: notice and opportunity to be heard: internal combustion engines: industrial operations: fire toolbox.
Existing law prohibits any person, except as specified, from using or operating any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools, as prescribed. Existing law requires a sealed box of tools to be located within the operating area and accessible in the event of a fire, which fire toolbox shall contain: one backpack pump-type fire extinguisher filled with water, 2 axes, 2 McLeod fire tools, and a sufficient number of shovels so that each employee at the operation can be equipped to fight fire.This bill would require a dedicated set of tools to be located within the operating area and accessible in the event of a fire, which fire toolbox shall contain: a sufficient number of fire extinguishers, axes, 2 McLeod fire tools, and shovels so that, when added to any other tools on the industrial operation, each employee at the operation can be equipped to fight fire. The bill would make other nonsubstantive changes to these provisions.Existing law authorizes any person who owns, controls, operates, or maintains any electrical transmission or distribution line to traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances, as provided, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees. Existing law authorizes this abatement at the full discretion of the person that owns, controls, operates, or maintains the electrical transmission or distribution lines, except for certain applicable minimum clearance requirements for those lines. Under existing law, the Public Utilities Commission, which has regulatory authority over public utilities, including electrical corporations, has established additional vegetation management requirements.This bill would revise and recast those provisions related to electrical lines and abatement activities for a person who owns, controls, operates, or maintains an electrical transmission or distribution line, specifying that abatement activities covered by this law include felling, cutting, or trimming trees. The bill would explicitly require all these line clearance and tree pruning and abatement activities to comply with the commissions vegetation management rules, if applicable. The bill would delete an explicit statement that this electrical line access authorization provides no relief from liability for the removal of vegetation, unless that removal is covered by an applicable easement. The bill would require the identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed to be accomplished by a certified arborist or by using a tree evaluation tool or method, as provided. The bill would make any trees that are felled, cut, or trimmed, if valuable timber or wood, the property of the landowner, unless the landowner timely requests the removal of the timber or wood, in which case, the timber or wood is to be removed at no cost to the landowner. If the landowner does not make a timely request, the bill would require the timber or wood to be maintained on the property in a manner that complies with applicable laws and regulations.The California Energy Infrastructure Safety Act establishes the Office of Energy Infrastructure Safety within the Natural Resources Agency and provides that, on and after July 1, 2021, the office is the successor to, and is vested with, all of the duties, powers, and responsibilities of the Wildfire Safety Division of the commission.This bill would require the office, on or before April 1, 2022, to develop standardized content to be used to satisfy the landowner notice requirement for vegetation abatement and trimming activities and standardized content to be used by a landowner to request the removal of timber or wood, as specified; a process for a landowner to exercise the opportunity to be heard, as specified, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees; and recommendations to promote the planting of appropriate tree and shrub species near electrical infrastructures.
Existing law prohibits any person, except as specified, from using or operating any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels, in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools, as prescribed. Existing law requires a sealed box of tools to be located within the operating area and accessible in the event of a fire, which fire toolbox shall contain: one backpack pump-type fire extinguisher filled with water, 2 axes, 2 McLeod fire tools, and a sufficient number of shovels so that each employee at the operation can be equipped to fight fire.
This bill would require a dedicated set of tools to be located within the operating area and accessible in the event of a fire, which fire toolbox shall contain: a sufficient number of fire extinguishers, axes, 2 McLeod fire tools, and shovels so that, when added to any other tools on the industrial operation, each employee at the operation can be equipped to fight fire. The bill would make other nonsubstantive changes to these provisions.
Existing law authorizes any person who owns, controls, operates, or maintains any electrical transmission or distribution line to traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances, as provided, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees. Existing law authorizes this abatement at the full discretion of the person that owns, controls, operates, or maintains the electrical transmission or distribution lines, except for certain applicable minimum clearance requirements for those lines.
Under existing law, the Public Utilities Commission, which has regulatory authority over public utilities, including electrical corporations, has established additional vegetation management requirements.
This bill would revise and recast those provisions related to electrical lines and abatement activities for a person who owns, controls, operates, or maintains an electrical transmission or distribution line, specifying that abatement activities covered by this law include felling, cutting, or trimming trees. The bill would explicitly require all these line clearance and tree pruning and abatement activities to comply with the commissions vegetation management rules, if applicable. The bill would delete an explicit statement that this electrical line access authorization provides no relief from liability for the removal of vegetation, unless that removal is covered by an applicable easement. The bill would require the identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed to be accomplished by a certified arborist or by using a tree evaluation tool or method, as provided. The bill would make any trees that are felled, cut, or trimmed, if valuable timber or wood, the property of the landowner, unless the landowner timely requests the removal of the timber or wood, in which case, the timber or wood is to be removed at no cost to the landowner. If the landowner does not make a timely request, the bill would require the timber or wood to be maintained on the property in a manner that complies with applicable laws and regulations.
The California Energy Infrastructure Safety Act establishes the Office of Energy Infrastructure Safety within the Natural Resources Agency and provides that, on and after July 1, 2021, the office is the successor to, and is vested with, all of the duties, powers, and responsibilities of the Wildfire Safety Division of the commission.
This bill would require the office, on or before April 1, 2022, to develop standardized content to be used to satisfy the landowner notice requirement for vegetation abatement and trimming activities and standardized content to be used by a landowner to request the removal of timber or wood, as specified; a process for a landowner to exercise the opportunity to be heard, as specified, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees; and recommendations to promote the planting of appropriate tree and shrub species near electrical infrastructures.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 15478 is added to the Government Code, to read:15478. On or before April 1, 2022, the office shall develop all of the following:(a) Standardized content for a letter that shall satisfy the landowner notice requirement described in subdivision (a) of Section 4295.5 of the Public Resources Code.(b) Standardized content for use by a landowner to request the removal of timber or wood as described in paragraph (1) of subdivision (c) of Section 4295.5 of the Public Resources Code, including a time limit for making the request.(c) A process for a landowner to exercise the opportunity to be heard, established in subdivision (a) of Section 4295.5 of the Public Resources Code, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees.(d) Recommendations to promote by entities, including, but not limited to, electric utilities, and at locations, including, but not limited to, relevant retail stores, the planting of appropriate tree and shrub species near electrical infrastructures. Appropriate tree and shrub species shall be tree and shrub species that, if planted in the vicinity of electrical transmission and distribution lines, cannot encroach within the vicinity of overhead conductors such that an electrical utility would need to perform vegetation management to mitigate wildfire risk.SEC. 2. Section 4295.5 of the Public Resources Code is amended to read:4295.5. (a) Notwithstanding any other law, including Section 4295, any a person who owns, controls, operates, or maintains any an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune fell, cut, or trim trees to maintain clearances pursuant to Section 4293, or, if applicable, Rule 35 of the Public Utilities Commissions General Order 95, and to abate, by pruning felling, cutting, or removal, trimming, any hazardous, dead, rotten, diseased, leaning, or structurally defective live trees. The felling, cutting, and trimming of these trees, and the clearances obtained when the pruning is performed felling, cutting, or trimming of trees, shall be at the full discretion of the person that owns, controls, operates, or maintains any an electrical transmission or distribution line, but shall not be no less than what is required in Section 4293. 4293, and, if applicable, Rule 35 of the Public Utilities Commissions General Order 95. This section shall apply to both high fire threat districts, as determined by the California Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.(b)Nothing in subdivision (a) shall exempt any person who owns, controls, operates, or maintains any electrical transmission or distribution line from liability for damages for the removal of vegetation that is not covered by any easement granted to him or her for the electrical transmission or distribution line.(b) Identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed pursuant to this section shall be accomplished by an arborist certified by the International Society of Arboriculture, or using a tree evaluation tool or method, developed or approved by an arborist certified by the International Society of Arboriculture and included in the wildfire mitigation plan required pursuant to Sections 8386 and 8387 of the Public Utilities Code.(c) (1) Trees that are felled, cut, or trimmed pursuant to this section or Section 4292 or 4293, if they are valuable timber or wood, shall remain the property of the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall preserve the commercial value of the timber or wood unless the removal of the timber or wood is timely requested by the landowner, in which case the person shall remove the timber or wood at no cost to the landowner.(2) If the landowner does not timely convey permission to the person who owns, controls, operates, or maintains an electrical transmission or distribution line to haul the timber or wood from the property once felled, cut, or trimmed, the person shall maintain the timber or wood on the property in a manner that complies with all applicable laws and regulations, including the forest practices rules.SECTION 1.SEC. 3. Section 4428 of the Public Resources Code is amended to read:4428. No person, except any member of an emergency crew or except the driver or owner of any service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which is used in the construction, operation, removal, or repair of the property or facilities of the utility when engaged in emergency operations, shall use or operate any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in the amounts, manner, and location prescribed in this section.(a) On any industrial operation, a dedicated set of tools shall be located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain a sufficient number of fire extinguishers, axes, McLeod fire tools, and shovels so that, when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.(b) One or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, a full set of timber-felling tools shall be located in the fire toolbox described in subdivision (a), including one crosscut falling saw six feet in length, one double-bit ax with a 36-inch handle, one sledge hammer or maul with a head weight of six or more pounds and handle length of 32 inches or more, and not less than two falling wedges.(c) Each rail speeder and passenger vehicle used on the operation shall be equipped with one shovel and one ax, and any other vehicle used on the operation shall be equipped with one shovel. Each tractor used on the operation shall be equipped with one shovel.(d) As used in this section:(1) Vehicle means a device by which any person or property may be propelled, moved, or drawn over any land surface, excepting a device moved by human power or used exclusively upon stationary rails or tracks.(2) Passenger vehicle means a vehicle that is self-propelled, designed for carrying not more than 10 persons including the driver, and used or maintained for the transportation of persons, but does not include any motortruck or truck tractor.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 15478 is added to the Government Code, to read:15478. On or before April 1, 2022, the office shall develop all of the following:(a) Standardized content for a letter that shall satisfy the landowner notice requirement described in subdivision (a) of Section 4295.5 of the Public Resources Code.(b) Standardized content for use by a landowner to request the removal of timber or wood as described in paragraph (1) of subdivision (c) of Section 4295.5 of the Public Resources Code, including a time limit for making the request.(c) A process for a landowner to exercise the opportunity to be heard, established in subdivision (a) of Section 4295.5 of the Public Resources Code, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees.(d) Recommendations to promote by entities, including, but not limited to, electric utilities, and at locations, including, but not limited to, relevant retail stores, the planting of appropriate tree and shrub species near electrical infrastructures. Appropriate tree and shrub species shall be tree and shrub species that, if planted in the vicinity of electrical transmission and distribution lines, cannot encroach within the vicinity of overhead conductors such that an electrical utility would need to perform vegetation management to mitigate wildfire risk.
SECTION 1. Section 15478 is added to the Government Code, to read:
### SECTION 1.
15478. On or before April 1, 2022, the office shall develop all of the following:(a) Standardized content for a letter that shall satisfy the landowner notice requirement described in subdivision (a) of Section 4295.5 of the Public Resources Code.(b) Standardized content for use by a landowner to request the removal of timber or wood as described in paragraph (1) of subdivision (c) of Section 4295.5 of the Public Resources Code, including a time limit for making the request.(c) A process for a landowner to exercise the opportunity to be heard, established in subdivision (a) of Section 4295.5 of the Public Resources Code, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees.(d) Recommendations to promote by entities, including, but not limited to, electric utilities, and at locations, including, but not limited to, relevant retail stores, the planting of appropriate tree and shrub species near electrical infrastructures. Appropriate tree and shrub species shall be tree and shrub species that, if planted in the vicinity of electrical transmission and distribution lines, cannot encroach within the vicinity of overhead conductors such that an electrical utility would need to perform vegetation management to mitigate wildfire risk.
15478. On or before April 1, 2022, the office shall develop all of the following:(a) Standardized content for a letter that shall satisfy the landowner notice requirement described in subdivision (a) of Section 4295.5 of the Public Resources Code.(b) Standardized content for use by a landowner to request the removal of timber or wood as described in paragraph (1) of subdivision (c) of Section 4295.5 of the Public Resources Code, including a time limit for making the request.(c) A process for a landowner to exercise the opportunity to be heard, established in subdivision (a) of Section 4295.5 of the Public Resources Code, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees.(d) Recommendations to promote by entities, including, but not limited to, electric utilities, and at locations, including, but not limited to, relevant retail stores, the planting of appropriate tree and shrub species near electrical infrastructures. Appropriate tree and shrub species shall be tree and shrub species that, if planted in the vicinity of electrical transmission and distribution lines, cannot encroach within the vicinity of overhead conductors such that an electrical utility would need to perform vegetation management to mitigate wildfire risk.
15478. On or before April 1, 2022, the office shall develop all of the following:(a) Standardized content for a letter that shall satisfy the landowner notice requirement described in subdivision (a) of Section 4295.5 of the Public Resources Code.(b) Standardized content for use by a landowner to request the removal of timber or wood as described in paragraph (1) of subdivision (c) of Section 4295.5 of the Public Resources Code, including a time limit for making the request.(c) A process for a landowner to exercise the opportunity to be heard, established in subdivision (a) of Section 4295.5 of the Public Resources Code, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees.(d) Recommendations to promote by entities, including, but not limited to, electric utilities, and at locations, including, but not limited to, relevant retail stores, the planting of appropriate tree and shrub species near electrical infrastructures. Appropriate tree and shrub species shall be tree and shrub species that, if planted in the vicinity of electrical transmission and distribution lines, cannot encroach within the vicinity of overhead conductors such that an electrical utility would need to perform vegetation management to mitigate wildfire risk.
15478. On or before April 1, 2022, the office shall develop all of the following:
(a) Standardized content for a letter that shall satisfy the landowner notice requirement described in subdivision (a) of Section 4295.5 of the Public Resources Code.
(b) Standardized content for use by a landowner to request the removal of timber or wood as described in paragraph (1) of subdivision (c) of Section 4295.5 of the Public Resources Code, including a time limit for making the request.
(c) A process for a landowner to exercise the opportunity to be heard, established in subdivision (a) of Section 4295.5 of the Public Resources Code, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees.
(d) Recommendations to promote by entities, including, but not limited to, electric utilities, and at locations, including, but not limited to, relevant retail stores, the planting of appropriate tree and shrub species near electrical infrastructures. Appropriate tree and shrub species shall be tree and shrub species that, if planted in the vicinity of electrical transmission and distribution lines, cannot encroach within the vicinity of overhead conductors such that an electrical utility would need to perform vegetation management to mitigate wildfire risk.
SEC. 2. Section 4295.5 of the Public Resources Code is amended to read:4295.5. (a) Notwithstanding any other law, including Section 4295, any a person who owns, controls, operates, or maintains any an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune fell, cut, or trim trees to maintain clearances pursuant to Section 4293, or, if applicable, Rule 35 of the Public Utilities Commissions General Order 95, and to abate, by pruning felling, cutting, or removal, trimming, any hazardous, dead, rotten, diseased, leaning, or structurally defective live trees. The felling, cutting, and trimming of these trees, and the clearances obtained when the pruning is performed felling, cutting, or trimming of trees, shall be at the full discretion of the person that owns, controls, operates, or maintains any an electrical transmission or distribution line, but shall not be no less than what is required in Section 4293. 4293, and, if applicable, Rule 35 of the Public Utilities Commissions General Order 95. This section shall apply to both high fire threat districts, as determined by the California Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.(b)Nothing in subdivision (a) shall exempt any person who owns, controls, operates, or maintains any electrical transmission or distribution line from liability for damages for the removal of vegetation that is not covered by any easement granted to him or her for the electrical transmission or distribution line.(b) Identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed pursuant to this section shall be accomplished by an arborist certified by the International Society of Arboriculture, or using a tree evaluation tool or method, developed or approved by an arborist certified by the International Society of Arboriculture and included in the wildfire mitigation plan required pursuant to Sections 8386 and 8387 of the Public Utilities Code.(c) (1) Trees that are felled, cut, or trimmed pursuant to this section or Section 4292 or 4293, if they are valuable timber or wood, shall remain the property of the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall preserve the commercial value of the timber or wood unless the removal of the timber or wood is timely requested by the landowner, in which case the person shall remove the timber or wood at no cost to the landowner.(2) If the landowner does not timely convey permission to the person who owns, controls, operates, or maintains an electrical transmission or distribution line to haul the timber or wood from the property once felled, cut, or trimmed, the person shall maintain the timber or wood on the property in a manner that complies with all applicable laws and regulations, including the forest practices rules.
SEC. 2. Section 4295.5 of the Public Resources Code is amended to read:
### SEC. 2.
4295.5. (a) Notwithstanding any other law, including Section 4295, any a person who owns, controls, operates, or maintains any an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune fell, cut, or trim trees to maintain clearances pursuant to Section 4293, or, if applicable, Rule 35 of the Public Utilities Commissions General Order 95, and to abate, by pruning felling, cutting, or removal, trimming, any hazardous, dead, rotten, diseased, leaning, or structurally defective live trees. The felling, cutting, and trimming of these trees, and the clearances obtained when the pruning is performed felling, cutting, or trimming of trees, shall be at the full discretion of the person that owns, controls, operates, or maintains any an electrical transmission or distribution line, but shall not be no less than what is required in Section 4293. 4293, and, if applicable, Rule 35 of the Public Utilities Commissions General Order 95. This section shall apply to both high fire threat districts, as determined by the California Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.(b)Nothing in subdivision (a) shall exempt any person who owns, controls, operates, or maintains any electrical transmission or distribution line from liability for damages for the removal of vegetation that is not covered by any easement granted to him or her for the electrical transmission or distribution line.(b) Identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed pursuant to this section shall be accomplished by an arborist certified by the International Society of Arboriculture, or using a tree evaluation tool or method, developed or approved by an arborist certified by the International Society of Arboriculture and included in the wildfire mitigation plan required pursuant to Sections 8386 and 8387 of the Public Utilities Code.(c) (1) Trees that are felled, cut, or trimmed pursuant to this section or Section 4292 or 4293, if they are valuable timber or wood, shall remain the property of the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall preserve the commercial value of the timber or wood unless the removal of the timber or wood is timely requested by the landowner, in which case the person shall remove the timber or wood at no cost to the landowner.(2) If the landowner does not timely convey permission to the person who owns, controls, operates, or maintains an electrical transmission or distribution line to haul the timber or wood from the property once felled, cut, or trimmed, the person shall maintain the timber or wood on the property in a manner that complies with all applicable laws and regulations, including the forest practices rules.
4295.5. (a) Notwithstanding any other law, including Section 4295, any a person who owns, controls, operates, or maintains any an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune fell, cut, or trim trees to maintain clearances pursuant to Section 4293, or, if applicable, Rule 35 of the Public Utilities Commissions General Order 95, and to abate, by pruning felling, cutting, or removal, trimming, any hazardous, dead, rotten, diseased, leaning, or structurally defective live trees. The felling, cutting, and trimming of these trees, and the clearances obtained when the pruning is performed felling, cutting, or trimming of trees, shall be at the full discretion of the person that owns, controls, operates, or maintains any an electrical transmission or distribution line, but shall not be no less than what is required in Section 4293. 4293, and, if applicable, Rule 35 of the Public Utilities Commissions General Order 95. This section shall apply to both high fire threat districts, as determined by the California Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.(b)Nothing in subdivision (a) shall exempt any person who owns, controls, operates, or maintains any electrical transmission or distribution line from liability for damages for the removal of vegetation that is not covered by any easement granted to him or her for the electrical transmission or distribution line.(b) Identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed pursuant to this section shall be accomplished by an arborist certified by the International Society of Arboriculture, or using a tree evaluation tool or method, developed or approved by an arborist certified by the International Society of Arboriculture and included in the wildfire mitigation plan required pursuant to Sections 8386 and 8387 of the Public Utilities Code.(c) (1) Trees that are felled, cut, or trimmed pursuant to this section or Section 4292 or 4293, if they are valuable timber or wood, shall remain the property of the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall preserve the commercial value of the timber or wood unless the removal of the timber or wood is timely requested by the landowner, in which case the person shall remove the timber or wood at no cost to the landowner.(2) If the landowner does not timely convey permission to the person who owns, controls, operates, or maintains an electrical transmission or distribution line to haul the timber or wood from the property once felled, cut, or trimmed, the person shall maintain the timber or wood on the property in a manner that complies with all applicable laws and regulations, including the forest practices rules.
4295.5. (a) Notwithstanding any other law, including Section 4295, any a person who owns, controls, operates, or maintains any an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune fell, cut, or trim trees to maintain clearances pursuant to Section 4293, or, if applicable, Rule 35 of the Public Utilities Commissions General Order 95, and to abate, by pruning felling, cutting, or removal, trimming, any hazardous, dead, rotten, diseased, leaning, or structurally defective live trees. The felling, cutting, and trimming of these trees, and the clearances obtained when the pruning is performed felling, cutting, or trimming of trees, shall be at the full discretion of the person that owns, controls, operates, or maintains any an electrical transmission or distribution line, but shall not be no less than what is required in Section 4293. 4293, and, if applicable, Rule 35 of the Public Utilities Commissions General Order 95. This section shall apply to both high fire threat districts, as determined by the California Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.(b)Nothing in subdivision (a) shall exempt any person who owns, controls, operates, or maintains any electrical transmission or distribution line from liability for damages for the removal of vegetation that is not covered by any easement granted to him or her for the electrical transmission or distribution line.(b) Identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed pursuant to this section shall be accomplished by an arborist certified by the International Society of Arboriculture, or using a tree evaluation tool or method, developed or approved by an arborist certified by the International Society of Arboriculture and included in the wildfire mitigation plan required pursuant to Sections 8386 and 8387 of the Public Utilities Code.(c) (1) Trees that are felled, cut, or trimmed pursuant to this section or Section 4292 or 4293, if they are valuable timber or wood, shall remain the property of the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall preserve the commercial value of the timber or wood unless the removal of the timber or wood is timely requested by the landowner, in which case the person shall remove the timber or wood at no cost to the landowner.(2) If the landowner does not timely convey permission to the person who owns, controls, operates, or maintains an electrical transmission or distribution line to haul the timber or wood from the property once felled, cut, or trimmed, the person shall maintain the timber or wood on the property in a manner that complies with all applicable laws and regulations, including the forest practices rules.
4295.5. (a) Notwithstanding any other law, including Section 4295, any a person who owns, controls, operates, or maintains any an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune fell, cut, or trim trees to maintain clearances pursuant to Section 4293, or, if applicable, Rule 35 of the Public Utilities Commissions General Order 95, and to abate, by pruning felling, cutting, or removal, trimming, any hazardous, dead, rotten, diseased, leaning, or structurally defective live trees. The felling, cutting, and trimming of these trees, and the clearances obtained when the pruning is performed felling, cutting, or trimming of trees, shall be at the full discretion of the person that owns, controls, operates, or maintains any an electrical transmission or distribution line, but shall not be no less than what is required in Section 4293. 4293, and, if applicable, Rule 35 of the Public Utilities Commissions General Order 95. This section shall apply to both high fire threat districts, as determined by the California Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas.
(b)Nothing in subdivision (a) shall exempt any person who owns, controls, operates, or maintains any electrical transmission or distribution line from liability for damages for the removal of vegetation that is not covered by any easement granted to him or her for the electrical transmission or distribution line.
(b) Identification of hazardous, dead, rotten, diseased, leaning, or structurally defective live trees that are to be felled, cut, or trimmed pursuant to this section shall be accomplished by an arborist certified by the International Society of Arboriculture, or using a tree evaluation tool or method, developed or approved by an arborist certified by the International Society of Arboriculture and included in the wildfire mitigation plan required pursuant to Sections 8386 and 8387 of the Public Utilities Code.
(c) (1) Trees that are felled, cut, or trimmed pursuant to this section or Section 4292 or 4293, if they are valuable timber or wood, shall remain the property of the landowner and the person who owns, controls, operates, or maintains an electrical transmission or distribution line shall preserve the commercial value of the timber or wood unless the removal of the timber or wood is timely requested by the landowner, in which case the person shall remove the timber or wood at no cost to the landowner.
(2) If the landowner does not timely convey permission to the person who owns, controls, operates, or maintains an electrical transmission or distribution line to haul the timber or wood from the property once felled, cut, or trimmed, the person shall maintain the timber or wood on the property in a manner that complies with all applicable laws and regulations, including the forest practices rules.
SECTION 1.SEC. 3. Section 4428 of the Public Resources Code is amended to read:4428. No person, except any member of an emergency crew or except the driver or owner of any service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which is used in the construction, operation, removal, or repair of the property or facilities of the utility when engaged in emergency operations, shall use or operate any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in the amounts, manner, and location prescribed in this section.(a) On any industrial operation, a dedicated set of tools shall be located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain a sufficient number of fire extinguishers, axes, McLeod fire tools, and shovels so that, when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.(b) One or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, a full set of timber-felling tools shall be located in the fire toolbox described in subdivision (a), including one crosscut falling saw six feet in length, one double-bit ax with a 36-inch handle, one sledge hammer or maul with a head weight of six or more pounds and handle length of 32 inches or more, and not less than two falling wedges.(c) Each rail speeder and passenger vehicle used on the operation shall be equipped with one shovel and one ax, and any other vehicle used on the operation shall be equipped with one shovel. Each tractor used on the operation shall be equipped with one shovel.(d) As used in this section:(1) Vehicle means a device by which any person or property may be propelled, moved, or drawn over any land surface, excepting a device moved by human power or used exclusively upon stationary rails or tracks.(2) Passenger vehicle means a vehicle that is self-propelled, designed for carrying not more than 10 persons including the driver, and used or maintained for the transportation of persons, but does not include any motortruck or truck tractor.
SECTION 1.SEC. 3. Section 4428 of the Public Resources Code is amended to read:
### SECTION 1.SEC. 3.
4428. No person, except any member of an emergency crew or except the driver or owner of any service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which is used in the construction, operation, removal, or repair of the property or facilities of the utility when engaged in emergency operations, shall use or operate any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in the amounts, manner, and location prescribed in this section.(a) On any industrial operation, a dedicated set of tools shall be located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain a sufficient number of fire extinguishers, axes, McLeod fire tools, and shovels so that, when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.(b) One or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, a full set of timber-felling tools shall be located in the fire toolbox described in subdivision (a), including one crosscut falling saw six feet in length, one double-bit ax with a 36-inch handle, one sledge hammer or maul with a head weight of six or more pounds and handle length of 32 inches or more, and not less than two falling wedges.(c) Each rail speeder and passenger vehicle used on the operation shall be equipped with one shovel and one ax, and any other vehicle used on the operation shall be equipped with one shovel. Each tractor used on the operation shall be equipped with one shovel.(d) As used in this section:(1) Vehicle means a device by which any person or property may be propelled, moved, or drawn over any land surface, excepting a device moved by human power or used exclusively upon stationary rails or tracks.(2) Passenger vehicle means a vehicle that is self-propelled, designed for carrying not more than 10 persons including the driver, and used or maintained for the transportation of persons, but does not include any motortruck or truck tractor.
4428. No person, except any member of an emergency crew or except the driver or owner of any service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which is used in the construction, operation, removal, or repair of the property or facilities of the utility when engaged in emergency operations, shall use or operate any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in the amounts, manner, and location prescribed in this section.(a) On any industrial operation, a dedicated set of tools shall be located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain a sufficient number of fire extinguishers, axes, McLeod fire tools, and shovels so that, when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.(b) One or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, a full set of timber-felling tools shall be located in the fire toolbox described in subdivision (a), including one crosscut falling saw six feet in length, one double-bit ax with a 36-inch handle, one sledge hammer or maul with a head weight of six or more pounds and handle length of 32 inches or more, and not less than two falling wedges.(c) Each rail speeder and passenger vehicle used on the operation shall be equipped with one shovel and one ax, and any other vehicle used on the operation shall be equipped with one shovel. Each tractor used on the operation shall be equipped with one shovel.(d) As used in this section:(1) Vehicle means a device by which any person or property may be propelled, moved, or drawn over any land surface, excepting a device moved by human power or used exclusively upon stationary rails or tracks.(2) Passenger vehicle means a vehicle that is self-propelled, designed for carrying not more than 10 persons including the driver, and used or maintained for the transportation of persons, but does not include any motortruck or truck tractor.
4428. No person, except any member of an emergency crew or except the driver or owner of any service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which is used in the construction, operation, removal, or repair of the property or facilities of the utility when engaged in emergency operations, shall use or operate any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in the amounts, manner, and location prescribed in this section.(a) On any industrial operation, a dedicated set of tools shall be located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain a sufficient number of fire extinguishers, axes, McLeod fire tools, and shovels so that, when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.(b) One or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, a full set of timber-felling tools shall be located in the fire toolbox described in subdivision (a), including one crosscut falling saw six feet in length, one double-bit ax with a 36-inch handle, one sledge hammer or maul with a head weight of six or more pounds and handle length of 32 inches or more, and not less than two falling wedges.(c) Each rail speeder and passenger vehicle used on the operation shall be equipped with one shovel and one ax, and any other vehicle used on the operation shall be equipped with one shovel. Each tractor used on the operation shall be equipped with one shovel.(d) As used in this section:(1) Vehicle means a device by which any person or property may be propelled, moved, or drawn over any land surface, excepting a device moved by human power or used exclusively upon stationary rails or tracks.(2) Passenger vehicle means a vehicle that is self-propelled, designed for carrying not more than 10 persons including the driver, and used or maintained for the transportation of persons, but does not include any motortruck or truck tractor.
4428. No person, except any member of an emergency crew or except the driver or owner of any service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which is used in the construction, operation, removal, or repair of the property or facilities of the utility when engaged in emergency operations, shall use or operate any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in the amounts, manner, and location prescribed in this section.
(a) On any industrial operation, a dedicated set of tools shall be located within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain a sufficient number of fire extinguishers, axes, McLeod fire tools, and shovels so that, when added to any other tools on the operation, each employee at the operation can be equipped to fight fire.
(b) One or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, a full set of timber-felling tools shall be located in the fire toolbox described in subdivision (a), including one crosscut falling saw six feet in length, one double-bit ax with a 36-inch handle, one sledge hammer or maul with a head weight of six or more pounds and handle length of 32 inches or more, and not less than two falling wedges.
(c) Each rail speeder and passenger vehicle used on the operation shall be equipped with one shovel and one ax, and any other vehicle used on the operation shall be equipped with one shovel. Each tractor used on the operation shall be equipped with one shovel.
(d) As used in this section:
(1) Vehicle means a device by which any person or property may be propelled, moved, or drawn over any land surface, excepting a device moved by human power or used exclusively upon stationary rails or tracks.
(2) Passenger vehicle means a vehicle that is self-propelled, designed for carrying not more than 10 persons including the driver, and used or maintained for the transportation of persons, but does not include any motortruck or truck tractor.