BILL ANALYSIS Ó
SB 582
Page 1
Date of Hearing: July 14, 2015
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
SB
582 (Hall) - As Amended May 19, 2015
As Proposed to be Amended
SENATE VOTE: 38-0
SUBJECT: ELECTRIFIED SECURITY FENCES
KEY ISSUE: SHOULD THE STATE ALLOW PROPERTY OWNERS TO INSTALL
AND OPERATE ELECTRIFIED SECURITY FENCES ON REAL PROPERTY IN
NON-RESIDENTIAL ZONES AS LONG AS THE FENCES MEET SPECIFIED
ELECTRICAL STANDARDS, HEIGHT LIMITS, AND WARNING REQUIREMENTS
AND ARE NOT PROHIBITED BY LOCAL ORDINANCE?
SYNOPSIS
This bill, as proposed to be amended, seeks to allow the
installation and operation of electrified security fences in all
non-residential zones of the state, as long as the fences meet
specified electrical standards, height requirements, and are
posted with adequate warning signs and are not prohibited by
local ordinance. Existing law provides that the sale or
installation of electrified fences is prohibited in California,
unless the electrical current is limited and regulated by an
electrical controller that meets or exceed the standards or
specifications for intermittent type electric fence or
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electrified fence controllers of the National Electrical Code of
the National Fire Protection Association, the New Zealand
Standards Institute, the Standards Association of Australia, or
Underwriters Laboratories. There is currently no state law
regarding the specific installation and operation of electrified
security fences. Existing law regarding electrified fences is
in the Food and Agricultural Code and was clearly written to
address electrified fences that are designed to contain
livestock, which use a much higher voltage than what is allowed
for and used by electrified security fences. Furthermore, the
Food and Agricultural Code provisions, last amended in 1979, are
so outdated that two of the four standards in the relevant code
section are no longer in effect, and the remaining standards are
inapplicable to electrified security fences.
Some municipalities have their own zoning and permitting
ordinances that specifically allow electrified security fences,
despite the fact that such ordinances may conflict with the
provisions of the Food and Agricultural Code, but many others do
not. As a result, municipalities across the state are unsure
what state laws, if any, apply to electrified security fences.
This bill establishes standards for the installation and
operation of electrified security fences, which outline the
zoning, voltage, signage warnings, physical barrier clearance,
and access requirements that are appropriate for electrified
security fences. This bill does not impede local jurisdictions'
authority to allow, prohibit or restrict the installation and
operation of electrified security fences within their
boundaries. However, the bill does require that if a local
ordinance allows the installation and operation of an
electrified security fence, the installation and operation must
meet the ordinance requirements, as well as the requirements
contained in this bill. Also, if a jurisdiction does not have
an ordinance in place to prohibit or limit the installation and
operation of an electrified security fence, this bill would
allow for the installation and operation of such a fence. This
bill, which passed the Senate by a vote of 38-0, is sponsored by
a supplier of electrified security fences, supported by several
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large-equipment businesses and freight companies, and has no
opposition.
SUMMARY: Allows a property owner to install an electrified
security fence on his or her real property that is located in a
non-residential zone as long as the fence meets certain
specified requirements. Specifically, this bill:
1)Defines an electrified security fence as any fence, other than
an electrified fence described in Section 17151 of the Food
and Agricultural Code, that is used to protect and secure
commercial property, and is powered by an electrical energizer
with the following output characteristics: (a) the impulse
repetition rate shall not exceed 1 hertz (hz); and (b) the
impulse duration shall not exceed 0.0003 or 0.8 times per
second.
2)Allows an owner of real property to install and operate an
electrified security fence on his or her property as long as
the real property is located in a non-residential zone and the
electrified security fence meets specified requirements.
3)Prohibits an owner of real property from installing and
operating an electrified security fence where a local
ordinance prohibits that installation and operation.
4)Requires an electrified security fence to be identified by
prominently displayed warning signs that are legible from both
sides of the fence, and at a minimum placed at each gate and
access point, and at intervals along the fence not exceeding
30 feet, and adjacent to any other signs on the fence relating
to chemical, radiological, or biological hazards.
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5)Requires, in the event that a local ordinance allows the
installation and operation of an electrified security fence,
an owner of real property with an electrified security fence
to comply with the installation and operation requirements of
that local ordinance, as well as the requirements set forth
above in #1-4.
EXISTING LAW:
1)States that the Legislature finds and declares that improperly
designed and installed electrified fences have caused injuries
and in some instances have resulted in the deaths of persons,
particularly children, coming into contact with the conductive
elements thereof. In order to prevent further such accidents,
it is the intent of the Legislature to provide for the study
and development and enforcement of safety standards for
electrified fences. (Food & Agricultural Code 17150. Unless
stated otherwise, all further statutory references are to that
code.)
2)Provides that, "electrified fence" means any fence and
appurtenant devices, including, but not limited to, fences and
devices used in animal control, and including, but not limited
to, a fence consisting of a single strand of wire supported by
posts or other fixtures, which has an electrical charge or is
connected to a source of electrical current and which is so
designed or placed that a person or animal coming into contact
with the conductive element of the fence receives an
electrical shock. (Section 17151.)
3)Provides that the sale or installation of electrified fences
is prohibited in California, unless the electric current is
limited and regulated by an electrical controller that meets
or exceed the standards or specifications of the National
Electrical Code of the National Fire Protection Association,
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the New Zealand Standards Institute, the Standards Association
of Australia, or the Underwriters Laboratories for
intermittent type electric fence or electrified fence
controllers. (Section 17152.)
4)Provides that state law pertaining to electrified 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 existing state law. (Section 17153.)
5)Provides that local jurisdictions have the authority to make
and enforce ordinances that protect the public health, safety,
morals, and general welfare within its boundaries. (Cal.
Const., art. XI, Section 11.)
FISCAL EFFECT: As currently in print this bill is keyed
non-fiscal.
COMMENTS: Electrified security fences are designed to serve as
a non-lethal security measure for the perimeter of real
property. These fences are generally constructed of metal with
attached wires that run along the width of the fence, carrying
pulses of electric current that provide an unpleasant, yet
non-lethal shock to deter potential trespassers. Most
electrified security fences are rigged with an alarm system that
is setup to signal the property owner or the security company
when the fence is being tampered with. These fences are
designed to provide a physical and psychological deterrent to
potential intruders, and generally have visible warning signs
that provide alerts of existing hazards about which the security
fence owner or property owner are required to warn others.
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Currently, most electrified security fences in the U.S. are used
in industrial and commercial zones to protect property located
within the perimeter of the fence, such as in an equipment yard
or commercial storage facility.
According to the author:
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. The problem stems from the fact that there is no
American standard or guidelines for the installation of
electrified fences specifically directed to municipalities.
Municipalities across the state sometimes default to the
current law regarding electrified fences in the
Agricultural Code and claim that it is not clear that
electrified fences can be installed outside of Agricultural
zones. SB 582 will resolve this issue by providing clear
guidelines for the installation of electric security
fences, based on international standards insuring [their]
safe and reliable installation in non-residential zones.
Zoning Authority Belongs to Local Governments. The California
Constitution grants a local jurisdiction the power to make and
enforce ordinances that affect all local, police, sanitary and
other regulations within its boundaries. (Cal. Const., art. XI,
Section 11.) According to a 1925 California Supreme Court case,
"[A]ny zoning regulation is a valid exercise of the police power
which is necessary to subserve the ends for which the police
power exists, namely, the promotion of the public health,
safety, morals, and general welfare." (Miller v. Board of
Public Works (1925) 195 Cal. 477, 481.)
Municipalities use their zoning power to draft ordinances to
signify what is and is not permissible within their boundaries.
In regards to this bill, if a municipality has an ordinance that
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prohibits the installation and operation of electrified security
fences, the provisions of this bill will not affect that
ordinance. The purpose of this bill is to provide standards for
installation and operation of electrified security fences in
non-residential areas where the municipality lacks an ordinance
but desires to allow these types of fences, and to make sure
that existing ordinances are compatible with state law. If a
jurisdiction does not have an ordinance excluding electrified
security fences, this bill would allow for the installation and
operation of such fences until that jurisdiction establishes an
ordinance to exclude them.
History of Legislative Intervention in Local Control of
Electrified Fencing Standards. The California Constitution
delegates power to the Legislature to make laws. When there is
a threat to the health and safety of persons, the Legislature
can and has stepped in to establish safety standards and
procedures on a statewide basis. It is in the state's interest
to ensure the proper installation and operation of electric
security fences by creating standards that are consistent in
every non-residential zone in California. The entire basis, for
which legislation was initially sought for electrified fences
back in 1976, was to ensure that these fences were installed
properly in order to protect the public from the harms and
injuries that had occurred. In order to ensure the continual
protection of the public, it seems prudent to ensure that when
an electrified security fence is installed, it meets the
requirements of any applicable local ordinance as well as the
requirements of state law. Local ordinances may differ based on
the environment and needs of a particular community. State law
will have a minimum standard that is required for the
installation and operation of such fences statewide, but only in
jurisdictions that allow such installation and operation.
In 1979, in an effort to protect the public, especially
children, from the danger of coming into contact with improperly
designed and installed electrified fences, which had resulted in
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injuries and even deaths; the Legislature usurped local control
and provided statewide safety standards for electrified fences.
That legislation (SB 1726 (Nejedly), Ch. 873, Stats. of 1976)
required a study of electrified fences and the development of a
number of requirements for the standards to be used when
selling, installing, using and connecting an electrified fence.
Those standards developed by subsequent legislation (AB 645
(Chappie), Ch. 89, Stats. of 1979), are the same four standards
that currently exists Section 17152.
However, since the time when the Legislature passed (and the
governor signed) SB 1726 and AB 645, two of the four standards
mentioned in the statutes (the New Zealand Standards Institute
and the Standards Association of Australia) have been combined
into a single standard and updated to conform with the
International Electrotechnical Commission (IEC) standard
60335-2-76, which is the exact standard required by the
provisions of this bill. The two other standards outlined in
the Food and Agricultural Code, the National Electric Code and
Underwriters Laboratories (UL), are limited to the regulation of
higher voltage fencing (50 volts or more) and livestock
containment (UL 69 is specific to electric fence-controllers for
livestock containment only) respectively, and are not applicable
to electrified security fences under this bill's provisions.
The International Electrotechnical Commission Standard for
Electric Fence Energizers. According to their website
(http://www.iec.ch/), the International Electrotechnical
Commission (IEC) is a not-for-profit, non-governmental
organization founded in 1906. The IEC's members are national
committees that appoint experts and delegates from industry,
government bodies, associations, and academia to participate in
the technical and conformity assessment work of the
organization. The work of the Commission is carried out through
technical committees and subcommittees, composed of
representatives of the national committees, and each committee
deals with a particular subject. These committees develop
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international standards for a specific area of electrotechnology
and then publish those standards. The IEC standard relevant to
electrified fencing is entitled, IEC 60335 "Household and
similar electrical appliances-safety," part 2-76, and provides
particular requirements for electric fence energizers.
Zareba Systems' website, which claims to be "the largest
electric fence systems manufacturer in North America," defines
an electric fence energizer as follows:
An electric fence energizer provides the source for the
electric current that flows through the electric fence
wire. They vary by the amount of current they output and
their power source. The size of the required fence
energizer is based upon three main factors: the length of
the fence, number of wires, and the power source.
(http://www.zarebasystems.com)
The IEC standard that is appropriate for an electrified security
fence, is not an appropriate standard for other types of
electrical fencing, such as that used for prisons or nuclear
power plants, because those fences utilize a stronger power
source to generate larger currents of electricity which are
designed to keep detainees inside or intruders outside of the
installed fence. Part 2-76 of the IEC is limited to an
energizer with an impulse repetition rate that does not exceed 1
Hz or one pulse per second.
Non-Lethal Nature of Electrified Security Fences. Unlike other
physical boundaries like barbed wire or razor wire, electrified
security fences generally do not physically harm things that
come into contact with them and do not cause physical harm to
animals or people. The duration of the electric shock delivered
by the fence is very brief, even if the existing conditions are
wet. According to one scholar:
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[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. However, this author
did say, "When our skin is wet, our skin resistance is low
and permits large electric current to flow through the
body", but only when wet skin is exposed for 1 to 3 seconds
and the electrical current is 60 Hz or more. ? (John
Webster, Safety of Electric Security Fences, University of
Wisconsin - Madison, http://intelligentfencing.com )
The energizer power required by the provisions of this bill, as
contained in Part 2-76 of IEC Standard may not exceed 1 Hz per
second.
Delegation of Legislative Authority. It is a general premise
that the Legislature is prohibited from delegating its general
legislative authority to another entity or body, but it may
authorize that things specified by the Legislature be done by
others, especially things that affect local or individual
interest. (5 Cal. Jur. Constitution Law, Section 94.) The
Legislature has the authority to specify the task to be
accomplished, but may leave the actual task of setting
standards, drafting regulations, and other tasks to those who
are more knowledgeable or capable of accomplishing the task. It
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is very common for the Legislature to authorize a study, or to
require the implementation of certain standards, and then to
delegate the authority for providing the study or creating
standards to a body, commission, state department or other body
with the required expertise. The provisions of this bill
propose to have a standard adopted by the IEC be the standard
for electrification of security fences. Based upon the fact
that the IEC is an international commission, comprised of
industry professionals, state government officials, and scholars
in the field of electrotechnology, delegating to the
Commission's standards for electric fence energizers seems an
appropriate delegation of legislative authority. Also, this
bill is not a permanent delegation of authority to the IEC (i.e.
whenever the IEC standard is updated it would become the new law
of the state) because the standard is specified as the IEC
adopted in 2006 and therefore frozen in time.
Author's Amendments. As currently in print, the bill provides
that its provisions apply to electrified fences, but makes no
effort to distinguish them from the electrified fences which are
described in the Food and Agricultural Code. To avoid confusion
regarding various types of electrified fencing that may be
obtained in the market place, the author proposes amendments to
clarify that this bill's provisions are intended to apply to
electrified security fences and provides a definition of such
fences. This will help to distinguish electrified security
fences which are designed for commercial security purposes to
protect items such as large equipment and inventory, from the
electrified fences that are defined in the Food and Agricultural
Code and are designed for animal containment and rural
environments. Also, because electrified security fences have
been determined to be non-lethal under normal, dry conditions,
but, according to a study published by professors at the
University at Wisconsin and mentioned earlier in this analysis,
unsafe when exposed to an electrical current under wet
conditions, the author proposes an amendment to address this
concern by requiring the inclusion of a warning sign or symbol
to this effect on electrified security fences installed in the
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state. Further, based on the advice and warnings of the
American Heart Association for persons with pace makers and the
possible interference of the device's function by close
proximity to an electric fence, the author proposes an amendment
to warn of this possibility by requiring the inclusion of a
warning sign or symbol to this effect on electrified security
fences installed in the state.
ARGUMENTS IN SUPPORT: According to the sponsor, Electric Guard
Dog:
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 by
the local jurisdiction is subject to permitting and
approval.
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.
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REGISTERED SUPPORT / OPPOSITION:
Support
Electric Guard Dog, Inc. (sponsor)
ABF Freight System, Inc.
Copart, Inc.
Old Dominion Freight Line, Inc.
SA Recycling, LLC
SAIA LTL Freight
Westward Liberty
YRC Worldwide, Inc.
Opposition
None on file
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Analysis Prepared by:Khadijah Hargett / JUD. / (916)
319-2334