Meeting Public Comments

Cody Smith [Center for Rural Affairs]

January 28, 2021Attn: House Study Bill 149Re: Center for Rural Affairs Letter of OppositionSubcommittee: Reps. Deyoe, Fisher, NielsenThe Center for Rural Affairs is opposed to this bill as written. However, we are confident that amendmentscan ensure the reliability of our electric distribution system, protect the rights of private property owners, andleverage our electric distribution infrastructure to promote conservation and rural economic development.As written, this bill gives municipal utilities, rural electric cooperatives, and investorowned utilitieswidespread authority to remove any vegetation within an electric distribution line corridor. Theexpansion of this authority to include ten feet within city limits and thirty feet outside of city limits, plusonehalf of the length of any attached crossarm, enables an unreasonable authority to remove vegetation. Inconjunction with a narrow, easilyavoidable 14day window to notify affected property owners of removal ofvegetation, this authority is a threat to the private property rights of Iowans. In addition, these decisions canbe made immediately, absent landowner input, and with no clear remedial process for affected propertyowners if electric suppliers deem the vegetation "threatens'' the integrity and safety of their distributionfacilities.We encourage changes to the language of this bill to provide a clear process for adjudication ofdisputes for the affected property owners. Such a process may be best placed at the Iowa Utilities Boardor another regulatory body. We also encourage the exploration of other methods of vegetation management,including the consideration of remedial efforts which replace trees, shrubs, and bushes with less intrusivenative perennial vegetation. To illustrate the opportunity presented by the electric distribution system as wellas the opportunities present within high voltage transmission line corridors, I have attached a resource whichhighlights potential opportunities available for electric suppliers and landowners to work together on morebeneficial methods of vegetation management.We agree a reliable network of electric distribution facilities and equipment is crucial and encouragethe authorization of a comprehensive assessment of trees, bushes, shrubs, and other relevantvegetation which may, or may not pose a threat to reliability. If trees, bushes, and shrubs are identified asa widespread threat to the reliability of the electric distribution facilities and equipment in the state, weencourage the creation of a clear and welldefined process for addressing the risks posed to the system asthey relate to vegetation management. This type of review and procedural process could be considered as anexercise of the regulatory authority granted to the Iowa Utilities Board or another regulatory body. Absent itspresence, this legislation defines any existing vegetation within or around an electric distribution corridor asa potential threat, further expanding the unchallenged authority of electric suppliers.We remain committed to working with each of you to strengthen this legislation. I encourage you to reachout if we can be of further assistance with this topic.Respectfully submitted,Cody SmithPolicy Associatecodyscfra.org402.687.2100 ext. 1016