AB 2371

Bill Subjects

Abstract

Existing law authorizes an owner of real property to install and operate on their property an electrified security fence that has specified technical characteristics and is used to protect and secure commercial, manufacturing, or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial, manufacturing, or industrial purpose. This bill would, until January 1, 2028, instead authorize an owner of real property to install and operate on their property an electrified security fence that is powered by an electrical energizer, driven by solar-charged batteries of no more than 12 volt of direct current, and used to protect and secure manufacturing or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial purpose that stores, parks, services, sells, or rents vehicles and other materials, as specified. Existing law prohibits an owner of real property from installing and operating an electrified security fence if a local ordinance prohibits that installation and operation. Existing law requires, if a local ordinance allows the installation and operation of an electrified security fence, that the installation and operation of the fence meets both the requirements of that ordinance and other specified requirements. This bill would, until January 1, 2028, for manufacturing or industrial property, or property that is legally authorized to be used for specified commercial purposes, that meets specified requirements, instead prohibit a city, county, or city and county from prohibiting the installation and operation of an electrified security fence or requiring a permit or approval that is in addition to an alarm system permit issued by the city, county, or city and county. The bill would, however, authorize a city or county to require an administrative permit confirming the fence meets the statute's requirements, as provided. The bill would, until January 1, 2028, prohibit an owner of real property that is not manufacturing or industrial property, or property that is legally authorized to be used for specified commercial purposes, from installing and operating an electrified security fence if a local ordinance prohibits that installation and operation, and would authorize a local ordinance to prohibit the installation of an electrified security fence if that fence fails to meet specified requirements. Existing law requires an owner of real property who installs and operates an electrified security fence on their property to ensure that, among other things, the fence meets the 2006 international standards and specifications of the International Electrotechnical Commission (IEC) , as specified, and the height of the fence does not exceed 10 feet or 2 feet higher than an existing perimeter fence that is not less than 5 feet in height. This bill would, until January 1, 2028, update the IEC standards and specifications, and provide that the perimeter fence may be a perimeter wall and is nonelectrified. This bill would also require, until January 1, 2028, that the fence include a device that enables first responders to deactivate the fence in response to an emergency, if required by a city, county, or city and county. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. This bill would declare that it is to take effect immediately as an urgency statute.