S.F. _____ Section 1. NEW SECTION . 564.9 Electric suppliers —— 1 vegetation management. 2 1. For purposes of this section: 3 a. “Electric supplier” means any of the following: 4 (1) A rural electric cooperative subject to chapter 499. 5 (2) A city utility as defined in section 362.2, subject to 6 regulation under section 476.1B. 7 (3) A joint facility or electric power agency subject to 8 chapter 390. 9 b. “Vegetation” means any natural growth or vegetation, 10 including but not limited to trees. 11 c. “Vegetation management” means any act to manage 12 vegetation, including but not limited to trimming, removing, 13 and controlling the vegetation. 14 2. a. An electric supplier that maintains or operates 15 electric transmission or distribution lines may engage in 16 vegetation management within the legal description of a 17 recorded easement to ensure the continued safe and reliable 18 operation of the electric transmission or distribution lines. 19 However, if the terms of a recorded easement prescribes 20 limitations on an electric supplier’s ability to engage in 21 vegetation management within the legal description of the 22 recorded easement, the terms of the recorded easement shall 23 control. 24 b. In the absence of a recorded easement, an electric 25 supplier may engage in vegetation management as follows: 26 (1) For electric transmission or distribution lines capable 27 of operating at thirty-four and one-half kilovolts or less and 28 located within the limits of a city, within ten feet, plus 29 one-half of the length of any attached cross arm, of either 30 side of the centerline. 31 (2) For electric transmission or distribution lines capable 32 of operating at thirty-four and one-half kilovolts or less and 33 located outside the limits of a city, within thirty feet of 34 either side of the centerline. 35 -1- LSB 1705XC (4) 88 gh/rn 1/ 4

S.F. _____ (3) For electric transmission or distribution lines capable 1 of operating at between thirty-four and one-half kilovolts and 2 one hundred kilovolts regardless of location, within fifty feet 3 of either side of the centerline. 4 (4) For electric transmission or distribution lines capable 5 of operating at more than one hundred kilovolts regardless of 6 location, within the greater of seventy-five feet of either 7 side of the centerline, or any distance requirement adopted 8 by the federal energy regulatory commission or an electric 9 reliability organization authorized under the federal Energy 10 Policy Act of 2005, 16 U.S.C. §824o. 11 c. Vegetation management undertaken pursuant to paragraph 12 “b” shall be considered reasonable and necessary for the 13 continued safe and reliable operation of the electric 14 supplier’s electric transmission or distribution lines and 15 shall create a rebuttable presumption, in claims for property 16 damage, that the electric supplier acted with reasonable care, 17 operated within its rights regarding the maintenance and 18 operation of the electric transmission or distribution lines, 19 and did not commit trespass. 20 3. Notwithstanding subsection 2, an electric supplier 21 may engage in vegetation management beyond the activities 22 authorized under subsection 2 in the following circumstances: 23 a. The electric supplier is granted permission from the 24 owner of the real property on which the electric transmission 25 or distribution lines are located to engage in vegetation 26 management beyond the activities authorized under subsection 2. 27 b. The electric supplier is granted a recorded easement 28 that prescribes greater rights regarding vegetation management 29 beyond those granted in subsection 2. 30 c. The electric supplier deems that vegetation threatens 31 the integrity and safety of the electric supplier’s electric 32 transmission or distribution lines and vegetation management 33 beyond the activities authorized under subsection 2 is 34 necessary to maintain the continued safe and reliable operation 35 -2- LSB 1705XC (4) 88 gh/rn 2/ 4

S.F. _____ of the electric transmission or distribution lines. Prior to 1 undertaking vegetation management pursuant to this paragraph, 2 the electric supplier shall notify the owner of the real 3 property on which the vegetation is located at least fourteen 4 days before the vegetation management occurs, unless the 5 electric supplier deems that immediate action is necessary 6 to ensure the continued safe and reliable operation of the 7 electric transmission or distribution lines, or the action 8 is in response to a major weather event or other emergency 9 situation. 10 4. An electric supplier that engages in vegetation 11 management pursuant to this section shall not be liable for 12 treble damages under section 658.4. 13 5. This section shall not be interpreted to require an 14 electric supplier to exercise any rights provided in this 15 section. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill establishes new Code section 564.9, relating 20 to the ability of certain electric suppliers to engage in 21 vegetation management under specified circumstances. 22 “Electric supplier” is defined as a rural electric 23 cooperative, a city utility, or a joint facility or electric 24 power agency. “Vegetation” is defined as any natural 25 growth or vegetation, including but not limited to trees. 26 “Vegetation management” is defined as any act to manage 27 vegetation, including but not limited to trimming, removing, 28 and controlling the vegetation. 29 The bill provides that an electric supplier that maintains 30 or operates electric transmission or distribution lines may 31 engage in vegetation management within the legal description 32 of a recorded easement to ensure the continued safe operation 33 of the lines. However, if the recorded easement limits the 34 electric supplier’s ability to do so, the recorded easement 35 -3- LSB 1705XC (4) 88 gh/rn 3/ 4

S.F. _____ controls. 1 The bill allows an electric supplier to engage in vegetation 2 management in the absence of a recorded easement in certain 3 areas and locations, as specified in the bill. The bill 4 provides that such actions shall be considered reasonable and 5 necessary for the continued safe and reliable operation of 6 the lines and shall create a rebuttable presumption that the 7 electric supplier acted with reasonable care, operated within 8 its rights, and did not commit trespass. 9 The bill provides that an electric supplier may engage 10 in vegetation management beyond the activities authorized 11 under the bill if the electric supplier is granted permission 12 from the landowner on which the lines are located to do so, 13 the electric supplier is granted a recorded easement that 14 prescribes greater rights, or the electric supplier deems that 15 such action is necessary to maintain the continued safe and 16 reliable operation of the lines, provided that the electric 17 supplier notify the landowner at least 14 days in advance, 18 unless the electric supplier deems that immediate action is 19 needed or if the action is in response to a major weather event 20 or other emergency situation. 21 The bill provides that an electric supplier that engages in 22 vegetation management pursuant to the bill shall not be liable 23 for treble damages for injury to trees under Code section 24 658.4. 25 The bill provides that it shall not be interpreted to require 26 an electric supplier to exercise any rights provided in the 27 bill. 28 -4- LSB 1705XC (4) 88 gh/rn 4/ 4