Cal. Code Regs. tit. 20 § 3.12

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 3.12 - (Rule 3.12) Exemption from Underground Rules

Applications for exemption from the rules in Decision 80864 (74 CPUC 454) for undergrounding electric and telephone lines shall include the following information:

(a) A statement of facts justifying exemption from undergrounding rules.
(b) The name of the development or subdivision, if any.
(c) A map showing the location of the project and any related development or subdivision.
(d) A legal description, as recorded, of the subdivision or property to which the lines will be extended.
(e) The length of the line extension proposed.
(f) The names of the public utilities that will provide service via the line extension.
(g) Whether the deviation from underground requirements will be permanent or temporary, and, if temporary, the approximate period such facilities will be in place before permanent underground facilities are constructed.
(h) Whether electric or telephone lines can be installed in joint trenches with water, gas, or sewer lines.
(i) Whether a Master Plan, Preliminary Map, or Tentative Map was filed pursuant to the Subdivision Map Act before May 5, 1970, the date of filing, and the agency in which the document was filed.
(j) The minimum parcel size within the subdivision or development.
(k) Whether deed restrictions allow more than one single-family dwelling or accommodation on each parcel or any portions of parcels of less than three acres.
(l) Any unusual environmental circumstances which would cause:
(1) Injury or danger to persons.
(2) Landslides, soil erosion, or exposure of trenches.
(3) Widespread, long-term, or permanent destruction of vegetation.
(4) Serious property damage.
(5) Hindrance to other construction or excessive relocation costs in the case of a temporary deviation.
(m) The identity of scenic highways, state or national parks, or any other areas determined by any governmental agency to be of unusual scenic value to the public within 1,000 feet of the proposed overhead lines; a description of the part of the highway, park, or area within 1,000 feet of the line; and a statement whether the lines will be visible from the highway, park, or area.
(n) Estimates of the costs of undergrounding electric and telephone lines, assuming joint trenching, and of constructing the lines overhead.
(o) Copies of the following documents:
(1) Environmental Impact Statement, Environmental Impact Report, or Negative Declaration prepared by any public agency having permit authority over the project.
(2) Local ordinances requiring undergrounding.
(3) Local ordinances or land use plans permitting parcels of less than 3 acres.
(4) Local ordinances allowing more than one single-family dwelling or accommodation on each parcel or portion of a parcel of less than 3 acres.
(5) Applications to the utilities for service, all correspondence pertaining to those applications, and a statement whether an agreement to provide overhead service was concluded with the utility before May 5, 1972.
(6) A list of other public agencies (federal, state, regional, county, district, or municipal) from which approval either has been obtained or will be required, and a summary of any action taken by those agencies with respect to the project.

Cal. Code Regs. Tit. 20, § 3.12

1. Renumbering of former sections 43.3, 43.4, 43.5, 43.6 and 43.7 to new section 3.12, including amendment of section heading, section and NOTE filed 9-13-2006; operative 9-13-2006 pursuant to Government Code section 11351(a) (Register 2006, No. 37).

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 320, Public Utilities Code.

1. Renumbering of former sections 43.3, 43.4, 43.5, 43.6 and 43.7 to new section 3.12, including amendment of section heading, section and Note filed 9-13-2006; operative 9-13-2006 pursuant to Government Code section 11351(a) (Register 2006, No. 37).