SB 396

  • California Senate Bill
  • 2021-2022 Regular Session
  • Introduced in Senate Feb 11, 2021
  • Passed Senate May 13, 2021
  • Passed Assembly Aug 01, 2022
  • Governor

Forestry: electrical transmission or distribution lines: clearances: notice and opportunity to be heard.

Abstract

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 subject property access by an electrical corporation for felling, cutting, or trimming trees to provisions similar to those applicable to pruning trees, maintaining clearances, and abating trees around electrical transmission or distribution lines, including provisions requiring notice to the landowner and an opportunity to be heard. The bill would explicitly require tree felling, cutting, and trimming activities to comply with certain commission vegetation management rules, if applicable, and with the California Coastal Act of 1976 and the forest practice rules and regulations adopted by the State Board of Forestry and Fire Protection. The bill would require any trees that are felled, cut, or trimmed, as provided, to remain on the property of the landowner, unless the landowner timely requests the electrical corporation to treat or remove the wood, as specified. The bill would require woody material that was trimmed, cut, or felled to be treated to achieve a maximum postactivity depth of 9 inches when operating within 150 feet of a structure, public road, or other infrastructure, except where the landowner has requested that material to be kept intact. The bill would exempt electrical cooperatives, as defined, from these provisions. The bill would repeal these provisions on January 1, 2028. This bill would require the commission, on or before January 1, 2025, to develop, through a public process, standardized content and methods of delivery to be used to satisfy the landowner notice requirement for both vegetation abatement and felling, cutting, and trimming activities, including, among other things, a description of the process that the electrical corporation must provide for a landowner to exercise the opportunity to be heard regarding the proposed pruning, maintaining clearances, abating, felling, cutting, or trimming of trees on property where the electrical corporation does not have existing rights or express landowner permission to do so. Until the standardized content of the notice is developed, the bill would require an electrical corporation to make a good faith effort to communicate the processes associated with the felling, cutting, and trimming of trees under these provisions to the landowner before felling, cutting, or trimming trees on property where the electrical corporation does not have existing rights or the express permission from the landowner. The bill would repeal these provisions on January 1, 2028.

Bill Sponsors (2)

Votes


Actions


Aug 31, 2022

Senate

Ordered to inactive file on request of Senator Bradford.

Aug 17, 2022

Senate

From committee: That the Assembly amendments be taken up for consideration. (Ayes 8. Noes 3. Page 4853.)

Aug 16, 2022

Senate

Set for hearing August 16.

Aug 04, 2022

Senate

From committee: Be re-referred to Com. on E., U. & C. pursuant to Senate Rule 29.10(d). (Ayes 4. Noes 0. Page 4660.) Re-referred to Com. on E., U. & C.

  • Committee-Passage
  • Referral-Committee
Com. on E., U. & C. pursuant to Senate Rule 29.10(d). (Ayes 4. Noes 0. Page 4660.) Re-referred to Com. on E., U. & C.

Senate

Re-referred to Com. on RLS pursuant to Senate Rule 29.10(d).

  • Referral-Committee
Com. on RLS pursuant to Senate Rule 29.10(d).

Aug 01, 2022

Assembly

Read third time. Passed. (Ayes 54. Noes 1. Page 5711.) Ordered to the Senate.

Senate

In Senate. Concurrence in Assembly amendments pending.

Jun 30, 2022

Assembly

Read third time and amended.

Assembly

Ordered to third reading.

Jun 15, 2022

Assembly

Read second time. Ordered to third reading.

Jun 14, 2022

Assembly

Read second time and amended. Ordered to second reading.

Jun 13, 2022

Assembly

From committee: Do pass as amended. (Ayes 6. Noes 0.) (June 6).

May 12, 2022

Assembly

Ordered to third reading.

Assembly

Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2.

  • Referral-Committee
Com. on NAT. RES. pursuant to Assembly Rule 77.2.

Assembly

Read third time and amended.

Jan 11, 2022

Assembly

Ordered to third reading.

Assembly

From inactive file.

Jan 10, 2022

Assembly

Notice of intention to remove from inactive file given by Assembly Member Mayes.

Sep 08, 2021

Assembly

Ordered to inactive file on request of Assembly Member Mayes.

Sep 03, 2021

Assembly

Read third time and amended.

Assembly

Assembly Rule 69(d) suspended.

Assembly

Ordered to third reading.

Aug 30, 2021

Assembly

Read second time. Ordered to third reading.

Aug 26, 2021

Assembly

From committee: Do pass. (Ayes 16. Noes 0.) (August 26).

Aug 19, 2021

Assembly

August 19 set for first hearing. Placed on suspense file.

Jul 12, 2021

Assembly

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jul 08, 2021

Assembly

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 7).

Jun 30, 2021

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on NAT. RES.

May 20, 2021

Assembly

Referred to Com. on NAT. RES.

  • Referral-Committee
Com. on NAT. RES.

May 13, 2021

Assembly

In Assembly. Read first time. Held at Desk.

Senate

Read third time. Passed. (Ayes 38. Noes 0. Page 1093.) Ordered to the Assembly.

May 11, 2021

Senate

Read second time. Ordered to consent calendar.

May 10, 2021

Senate

From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

Apr 30, 2021

Senate

Set for hearing May 10.

Apr 19, 2021

Senate

From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 816.) (April 15). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Mar 24, 2021

Senate

Set for hearing April 15.

Feb 25, 2021

Senate

Referred to Com. on N.R. & W.

  • Referral-Committee
Com. on N.R. & W.

Feb 22, 2021

Senate

(Ayes 32. Noes 4.)

Senate

Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

Senate

Art. IV. Sec. 8(a) of the Constitution dispensed with.

Feb 12, 2021

Senate

From printer. May be acted upon on or after March 14.

Feb 11, 2021

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB396 HTML
02/11/21 - Introduced PDF
06/30/21 - Amended Assembly PDF
07/12/21 - Amended Assembly PDF
09/03/21 - Amended Assembly PDF
05/12/22 - Amended Assembly PDF
06/14/22 - Amended Assembly PDF
06/30/22 - Amended Assembly PDF

Related Documents

Document Format
04/12/21- Senate Natural Resources and Water PDF
05/12/21- Sen. Floor Analyses PDF
07/05/21- Assembly Natural Resources PDF
08/17/21- Assembly Appropriations PDF
08/31/21- ASSEMBLY FLOOR ANALYSIS PDF
09/03/21- ASSEMBLY FLOOR ANALYSIS PDF
06/03/22- Assembly Natural Resources PDF
06/15/22- ASSEMBLY FLOOR ANALYSIS PDF
07/27/22- ASSEMBLY FLOOR ANALYSIS PDF
08/15/22- Senate Energy, Utilities and Communications PDF
08/22/22- Sen. Floor Analyses PDF

Sources

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