California 2021-2022 Regular Session Status: Passed Senate

SB 396 — Forestry: electrical transmission or distribution lines: clearances: notice and opportunity to be heard.

Last action — Ordered to inactive file on request of Senator Bradford.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 Text

Action History

  1. Ordered to inactive file on request of Senator Bradford.

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

  3. Set for hearing August 16.

  4. 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.

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

  6. In Senate. Concurrence in Assembly amendments pending.

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

  8. Ordered to third reading.

  9. Read third time and amended.

  10. Read second time. Ordered to third reading.

  11. Read second time and amended. Ordered to second reading.

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

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

  14. Ordered to third reading.

  15. Read third time and amended.

  16. Ordered to third reading.

  17. From inactive file.

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

  19. Ordered to inactive file on request of Assembly Member Mayes.

  20. Ordered to third reading.

  21. Read third time and amended.

  22. Assembly Rule 69(d) suspended.

  23. Read second time. Ordered to third reading.

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

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

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

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

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

  29. Referred to Com. on NAT. RES.

  30. In Assembly. Read first time. Held at Desk.

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

  32. Read second time. Ordered to consent calendar.

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

  34. Set for hearing May 10.

  35. 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.

  36. Set for hearing April 15.

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

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

  39. (Ayes 32. Noes 4.)

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

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

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

Sponsors

  • Bradford · Primary
  • Mayes · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 4 voted No

Sponsors (1)

  • Bradford

Co-sponsors (1)

  • Mayes

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

That the Assembly amendments be taken up for consideration

Passed 8 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6003
Republican 2000
Democratic 0300
Total 8303
% of votes cast 57%21%0%21%
How each member voted (14)
Member Party Vote
Gonzalez — Yea
Eggman — Yea
Dodd — Yea
Min — Yea
Bradford — Yea
Hueso — Yea
Hertzberg — Not Voting
Rubio — Not Voting
Borgeas — Not Voting
Becker, Josh Democratic Nay
McGuire, Mike Democratic Nay
Stern, Henry I. Democratic Nay
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea

Official roll call →

SB 396 Bradford Senate Third Reading By Mayes

Passed 54 Yea · 1 Nay · 25 Other
Party YeaNayPresentNot Voting
Unaffiliated 30108
Democratic 180014
Republican 6003
Total 541025
% of votes cast 68%1%0%31%
How each member voted (80)
Member Party Vote
Voepel — Yea
Bloom — Yea
Cooley — Yea
Mathis — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Daly — Yea
Medina — Yea
McCarty — Yea
Gray — Yea
Cunningham — Yea
Cooper — Yea
Friedman — Not Voting
Bigelow — Not Voting
Santiago — Not Voting
Kiley — Not Voting
Waldron — Not Voting
Smith — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Nay
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Not Voting
Bennett, Steve Democratic Not Voting
Berman, Marc Democratic Not Voting
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Not Voting
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Not Voting
Lee, Alex Democratic Not Voting
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Not Voting
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Not Voting
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Not Voting
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Not Voting

Official roll call →

Do pass as amended.

Passed 6 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 3002
Democratic 1002
Total 6004
% of votes cast 60%0%0%40%
How each member voted (10)
Member Party Vote
Mathis — Yea
McCarty — Yea
Wood — Yea
Friedman — Not Voting
Mark Stone — Not Voting
Bennett, Steve Democratic Not Voting
Boerner, Tasha Democratic Yea
Muratsuchi, Al Democratic Not Voting
Flora, Heath Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 6000
Republican 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Republican 2000
Democratic 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
McCarty — Yea
Wood — Yea
Friedman — Yea
Mathis — Yea
Chau — Yea
Cristina Garcia — Yea
Luz Rivas — Yea
Mark Stone — Yea
Muratsuchi, Al Democratic Yea
Flora, Heath Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Consent Calendar

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 11002
Unaffiliated 23000
Republican 4000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Eggman — Yea
Leyva — Yea
Melendez — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Dodd — Yea
Bradford — Yea
Wilk — Yea
Rubio — Yea
Glazer — Yea
Pan — Yea
Gonzalez — Yea
Skinner — Yea
Bates — Yea
Hueso — Yea
Wieckowski — Yea
Hertzberg — Yea
Atkins — Yea
Kamlager — Yea
Roth — Yea
Nielsen — Yea
Borgeas — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3000
Democratic 4000
Republican 2000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Eggman — Yea
Hueso — Yea
Hertzberg — Yea
Allen, Benjamin Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
Stern, Henry I. Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety environment energy
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Frequently asked questions

What does SB 396 do?
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.
Who sponsors SB 396?
SB 396 is sponsored by Bradford and Mayes.
What is the current status of SB 396?
This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 396?
Track SB 396 free on One Click Politics — get push/email alerts when it moves.

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