Bill > A2558

Introduced Session

This bill authorizes an electric public utility to utilize all available methods including, but not limited to, clearing, moving, cutting, or destroying to remove, replace, or maintain dangerous vegetation and to establish a program with a municipality to develop effective strategies to implement the provisions of this bill. Dangerous vegetation is defined to mean 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 bill provides that the neither the Community Forestry Council nor any county or municipal shade tree commission interfere with or restrict an electric public utility's removal, replacement, or maintenance of dangerous vegetation. The bill also provides that, in order to allow an electric public utility or cable television company to clear, move, cut, or destroy trees, shrubs, or plants for the purpose of erecting, installing, moving, removing, altering, protecting, or maintaining any structures or fixtures necessary for the supply of electric light, heat, power, or communication or cable television services upon any lands in which it has acquired an easement or right-of-way or upon any public right-of-way, an electric public utility or cable television company is not required to receive the permission of any county or municipal shade tree commission to undertake such work and is not subject to any penalty imposed by any commission as provided by law. Under the bill, an electric 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 such rule or regulation of a county or municipal shade tree commission, provided that such rule or regulation does not interfere with or restrict any vegetation management work conducted by the electric 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.

AI Summary

Committee Categories

Wayne DeAngelo (D)*,  Parker Space (R)*,  Harold Wirths (R)*,  BettyLou DeCroce (R),  Chris DePhillips (R),  Carol Murphy (D), 

Received in the Senate without Reference, 2nd Reading (on 01/17/2019)