Bill > S434

Introduced Session

This bill broadens the authority of public utilities, as well as cable television providers, to engage in vegetation management relative to public utility infrastructure. Specifically, the bill authorizes an electric public utility to utilize all available methods per ANSI A300 tree care standards, in accordance with Board of Public Utility ("board") rules and regulations, which may include, but not be limited to, clearing, moving, cutting, or destroying to remove, replace, or maintain dangerous vegetation. The bill permits an electric public utility, upon receipt of board approval, to establish a program to develop effective strategies to effectuate the broadened authority provided under the bill. An electric public utility is required to make a diligent attempt to notify all customers, property owners, and government entities that may be affected by planned vegetation management activity, including, for government entities, providing notice at least two months of the planned dates and locations of the vegetation management activity and written in a manner sufficient to explain the electric public utility's procedures and easement rights. Lastly, an electric public utility is required to conduct an annual public education program to inform its customers and government entities of the importance of vegetation management and of its role and responsibility in performing vegetation management. The term "dangerous vegetation" means a tree, shrub, plant, or any other vegetation growing in, near, or adjacent to the electric public utility's right of way, and the electric distribution and transmission system, but not including a service line to an individual customer, which may fall into, touch, affect, or otherwise interfere with an electrical distribution line, as determined by the electric public utility or local government entity having control of the right-of-way. The Community Forestry Council (the "Council"), as well as a county or municipal shade tree commission, cannot restrict an electric public utility's removal, replacement, or maintenance of dangerous vegetation. In the event of a vacancy on the Council occurring after the date the bill is enacted into law, the State Forester is to appoint a New Jersey electric public utility employee who is an electric public utility-approved forester to represent the electric public utility on the council until such time as there are at least two members serving on the council who meet that criteria. The bill also provides that, in order to allow a public utility or cable television company to clear, move, cut, or destroy dangerous vegetation upon any lands in which it has acquired an easement or right-of-way or upon any public right-of-way, a public utility or cable television company is not required to receive the permission of any county or municipal shade tree commission to undertake that work and is not subject to any penalty imposed by any commission as provided by law. A public utility or cable television company is not exempt from any penalty or replacement assessment imposed as a result of damage to a tree, shrub, or plant caused by non-compliance with any rule or regulation of a county or municipal shade tree commission, provided that the rule or regulation does not interfere with or restrict any vegetation management work conducted by the public utility or cable television company to comply with any federal rule, regulation, or law, any vegetation management rule, regulation, or order of the board, or any national or federal standard applicable to a public utility or cable television company. A public utility or cable television company, acting in good faith with due diligence and reasonable judgment in its performance of vegetation management pursuant to the bill's provisions and BPU's rules and regulations, cannot be held liable, penalized, or otherwise subject to undue hardship by a governing body of a county or municipality or a shade tree commission.

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Steven Oroho (R)*,  Paul Sarlo (D)*, 

Referred to Senate Budget and Appropriations Committee (on 09/21/2020)

Official Document