Senate Bill 396 (Bradford, D-Inglewood) seeks to limit utility liability for entering onto a landowner’s property and performing vegetation management work to reduce the risk of trees coming into contact with power lines. This measure is sponsored by PG&E.
Specifically, the bill exempts utilities from liability for trespass or damages for entering onto private land and felling, cutting, or trimming trees or vegetation as part of its efforts to maintain clearances around power lines, provided the utility first provides the landowner a notice and opportunity to be heard.
Upon timely request by the landowner, the bill requires utilities to chip or remove felled trees, except for those within a utility easement, where the landowner grants express permission, or where the wood is not safely accessible by its vehicles and equipment. In previous filings with the CPUC, PG&E indicated that it has equipment capable of chipping trees up to 28” in diameter. Except within 150’ of a structure, road, or infrastructure, utilities must limit woody material treated to a maximum depth of nine inches.
The bill also requires the CPUC to develop standardized content and methods of delivery for notifications that are reasonable expected to inform landowners of the work to be performed and determine the process for hearing landowner disputes.
Amendments adopted on June 30: 1) change the author from Senator Brian Dahle to Senator Steven Bradford; 2) clarify that the bill is not intended to exempt a utility from liability for personal injury or property damage resulting from the utility’s negligence or recklessness in felling, cutting, or trimming trees or vegetation; 3) remove a provision allowing the landowner to determine whether material is chipped or hauled off-site; and 4) replace a clear prohibition on passing costs onto landowners with legislative intent language that is not binding on the Public Utilities Commission.
RCRC has extensively engaged on this bill and strongly opposed previous versions. While many of RCRC’s suggestions to protect due process rights, avoid increasing wildfire risks, and clarify liability have been incorporated into the bill, significant issues remain. The latest amendments undercut many of those hard-fought changes. RCRC will reevaluate the bill in light of the June 30 amendments, but will likely remain opposed to the measure.
SB 396 sits on the Assembly Floor and awaits consideration when the Legislature reconvenes in August after summer break.
For more information, contact RCRC Policy Advocate John Kennedy.