BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 582|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 582
Author: Hall (D)
Amended: 5/19/15
Vote: 21
SENATE JUDICIARY COMMITTEE: 7-0, 5/12/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
SUBJECT: Electrified Fences
SOURCE: Electric Guard Dog, Inc.
DIGEST: This bill authorizes an owner of real property to
install and operate an electrified fence on his or her property
if the property is not in a residential zone, the fence meets
specified requirements, and a local ordinance does not prohibit
its installation and operation.
ANALYSIS:
Existing law:
1)Provides that no electrified fences shall be offered for sale,
sold, installed, or used in this state, or otherwise connected
to a source of electrical current, unless the electrical
current is limited and regulated by an electrical controller
which meets or exceeds the standards or specifications of the
SB 582
Page 2
National Electrical Code of the National Fire Protection
Association, the New Zealand Standards Institute, the
Standards Association of Australia, or the Underwriters
Laboratories for intermittent type electric fence or
electrified fence controllers. (Food & Agr. Code Sec. 17152.)
2)Provides that existing provisions of the Food and Agricultural
Code pertaining to electric fences shall not be construed to
preclude regulation of electrified fences by cities and
counties, including, but not limited to, requiring the
installation or use of electrified fences under permit, except
that such regulation shall not permit the installation or use
of electrified fences which do not conform to the requirements
of existing law. (Food & Agr. Code Sec. 17153.)
This bill:
1)Provides that an owner of real property may install and
operate an electrified fence on his or her property consistent
with all of the following:
The property is not located in a residential zone;
The fence meets the requirements specified by the
International Electrotechnical Commission for electric
fence energizers in "International Standard IEC
60335-2-76;" and
The fence is identified by prominently placed warning
signs that are legible from both sides of the fence. At a
minimum, warning signs shall be placed at each gate and
access point, at intervals along the fence not exceeding 10
meters, and adjacent to any other signs relating to
chemical, radiological, or biological hazards.
1)Provides that an owner of real property shall not install and
operate an electric fence where a local ordinance prohibits
that installation and operation. If a local ordinance allows
the installation and operation of an electric fence, the
installation and operation of the electric fence shall meet
the requirements of the ordinance, as well as the requirements
listed above.
SB 582
Page 3
Background
Generally speaking, an electric fence is a fence that has an
electrical charge that is designed or placed so that a person or
animal coming into contact with the fence receives an electric
shock. It operates by sending a high voltage pulse of
electricity at regular intervals through conductive materials in
the fence. Unlike other physical boundaries like barbed wire or
razor wire, commercial electric fences do not physically harm
things that come into contact with them. Electric fences do not
cause physical harm to animals or people because the length of
electric shock delivered by the fence is very brief. According
to one scholar:
"[e]ven when the voltage is high, when the current flows for
only a very short duration we cannot be electrocuted. . . . A
large enough current can cause ventricular fibrillation,"
during which "the pumping action of the heart ceases and death
occurs within minutes unless treated. In the United States,
approximately 1000 deaths per year occur in accidents that
involve cord-connected appliances in kitchens, bathrooms, and
other wet locations . . . shock durations longer than 1 second
are the most dangerous . . . [e]lectric security fences have
taken advantage of this fact by shortening their shock
duration to an even shorter duration of about 0.0003 seconds .
. . electric fences are safe and do not lead to ventricular
fibrillation due to the short 0.0003 second shock duration.
(John Webster, Safety of Electric Security Fences, University
of Wisconsin - Madison,
[as of May 8,
2015].)
The sale of electric fences is currently prohibited in
California unless the electrical current is limited and
regulated by an electrical controller that meets or exceed
specified standards. (Food & Agr. Code Sec. 17152.) This bill
further codifies that a property owner may install and operate
an electrified fence if: (1) the property is not in a
residential zone; (2) the fence meets requirements specified in
designated international standards, and (3) the fence is marked
at regular intervals with warning signs. This bill specifies
that an owner would not be permitted to install and operate an
SB 582
Page 4
electric fence where a local ordinance prohibits its
installation and operation.
Comments
According to the author:
Many California-based companies that are in the cargo
transportation, inventory storage and containment shipping
business have, at any given time, millions of dollars worth of
products and service-related equipment on their premises.
Storage is often held overnight for several days or weeks
awaiting transport. The primary protection of valuable goods
and equipment is a security fence, designed to prevent
criminal trespass and theft. The installation of an electric
security fence in a jurisdiction is subject to permitting and
approval. Current state law on the use and installation of an
electric security fence in non-agricultural zones is vague.
There is no consensus among local jurisdictions whether or not
they can allow the installation of electric security fences.
SB 582 provides clear guidelines for the installation of
electric security fences, based on international standards
ensuring their safe and reliable installation in
non-residential zones. Existing international standards
require the installation of a perimeter fence at least six
feet tall separating the public from the electrified fence.
Additionally, to ensure the safety of the public, warning
signs must be visibly posted in at least two languages
(English and Spanish) and access for emergency responders must
be available. This bill helps the permitting process in local
ordinances by clarifying state law, and regulating the use and
installation of an electric security fence in non-residential
zones.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified5/12/15)
Electric Guard Dog, Inc. (source)
SB 582
Page 5
ABF Freight System, Inc.
Copart, Inc.
Old Dominion Freight Line, Inc.
SA Recycling LLC
Saia LTL Freight
YRC Worldwide, Inc.
OPPOSITION: (Verified5/12/15)
None received
ARGUMENTS IN SUPPORT: Copart, Inc. states that SB 582
clarifies the standards and installation protocols for electric
security fences in California, and provides guidance and clarity
that allows municipalities to permit the installation of
electric security fences within their jurisdictions.
Prepared by:Tobias Halvarson / JUD. / (916) 651-4113
5/19/15 13:09:54
**** END ****