House File 460 - Introduced HOUSE FILE 460 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 149) A BILL FOR An Act relating to vegetation management by certain electric 1 suppliers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1623HV (2) 89 jda/rn

H.F. 460 Section 1. NEW SECTION . 564.9 Electric suppliers —— 1 vegetation management. 2 1. For purposes of this section: 3 a. “Electric distribution facility” means the facilities 4 and equipment owned and operated by an electric supplier that 5 are used to transmit electricity to ultimate usage points from 6 interchanges with higher voltage transmission networks which 7 transport bulk power over long distances. 8 b. “Electric supplier” means any of the following: 9 (1) A rural electric cooperative subject to chapter 499. 10 (2) A city utility as defined in section 362.2, subject to 11 regulation under section 476.1B. 12 (3) A joint facility or electric power agency subject to 13 chapter 390. 14 (4) A public utility with an assigned area of service 15 pursuant to section 476.25. 16 c. “Vegetation” means any natural growth or vegetation, 17 including but not limited to trees, brush, saplings, and 18 bushes. 19 d. “Vegetation management” means any act to manage 20 vegetation, including but not limited to trimming, removing, 21 spraying, or otherwise controlling the vegetation. 22 2. a. An electric supplier that maintains or operates 23 electric distribution facilities may engage in vegetation 24 management within the legal description of a recorded easement 25 to ensure the continued safe and reliable operation of the 26 electric distribution facilities. However, if the terms of 27 a recorded easement prescribe limitations on an electric 28 supplier’s ability to engage in vegetation management within 29 the legal description of the recorded easement, the terms of 30 the recorded easement shall control. 31 b. In the absence of a recorded easement, an electric 32 supplier may engage in vegetation management as follows: 33 (1) For electric distribution lines capable of operating at 34 thirty-seven kilovolts or less and located within the limits 35 -1- LSB 1623HV (2) 89 jda/rn 1/ 5

H.F. 460 of a city, within ten feet, plus one-half of the length of any 1 attached cross arm, of either side of the centerline. 2 (2) For electric distribution lines capable of operating at 3 thirty-seven kilovolts or less and located outside the limits 4 of a city, within thirty feet, plus one-half of the length of 5 any attached cross arm, of either side of the centerline. 6 c. Vegetation management undertaken pursuant to paragraph 7 “b” shall be considered reasonable and necessary for the 8 continued safe and reliable operation of the electric 9 supplier’s electric distribution lines and shall create a 10 rebuttable presumption, in claims for property damage, that 11 the electric supplier acted with reasonable care, operated 12 within its rights regarding the maintenance and operation of 13 the electric distribution lines, and did not commit trespass. 14 d. Prior to undertaking vegetation management pursuant to 15 this subsection, the electric supplier shall use reasonable 16 diligence to notify the owner and person in possession of the 17 real property on which vegetation management will occur of the 18 electric supplier’s intent to undertake vegetation management 19 and the type of vegetation management activity the electric 20 supplier will undertake. 21 3. Notwithstanding subsection 2, an electric supplier 22 may engage in vegetation management beyond the activities 23 authorized under subsection 2 in the following circumstances: 24 a. The electric supplier is granted permission from the 25 owner of the real property on which the electric distribution 26 facilities are located to engage in vegetation management 27 beyond the activities authorized under subsection 2. 28 b. The electric supplier is granted a recorded easement 29 that prescribes greater rights regarding vegetation management 30 beyond those granted in subsection 2. 31 c. The electric supplier deems that vegetation threatens 32 the integrity and safety of the electric supplier’s electric 33 distribution facilities and vegetation management beyond 34 the activities authorized under subsection 2 is necessary 35 -2- LSB 1623HV (2) 89 jda/rn 2/ 5

H.F. 460 to maintain the continued safe and reliable operation of 1 the electric distribution facilities. Prior to undertaking 2 vegetation management pursuant to this paragraph, the 3 electric supplier shall notify the owner of the real property 4 on which the vegetation is located at least fourteen days 5 before the vegetation management occurs, unless the electric 6 supplier deems that immediate action is necessary to ensure 7 the continued safe and reliable operation of the electric 8 distribution facilities, or the action is in response to a 9 major weather event or other emergency situation involving 10 electric service in the area that has been interrupted and 11 needs to be restored. 12 4. An electric supplier that engages in vegetation 13 management pursuant to this section shall not be liable for 14 treble damages under section 658.4. 15 5. This section shall not be interpreted to require an 16 electric supplier to exercise any rights provided in this 17 section. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill establishes new Code section 564.9, relating 22 to the ability of certain electric suppliers to engage in 23 vegetation management under specified circumstances. 24 “Electric distribution facility” is defined as the equipment 25 owned and operated by an electric supplier that is used to 26 transmit electricity to ultimate usage points from interchanges 27 with higher voltage transmission networks. “Electric supplier” 28 is defined as a rural electric cooperative, a city utility, a 29 joint facility or electric power agency, or a public utility 30 with an assigned area of service. “Vegetation” is defined as 31 any natural growth or vegetation, including but not limited to 32 trees, brush, saplings, and bushes. “Vegetation management” 33 is defined as any act to manage vegetation, including but not 34 limited to trimming, removing, spraying, and controlling the 35 -3- LSB 1623HV (2) 89 jda/rn 3/ 5

H.F. 460 vegetation. 1 The bill provides that an electric supplier that maintains 2 or operates electric distribution facilities may engage 3 in vegetation management within the legal description of a 4 recorded easement to ensure the continued safe operation of 5 the facilities. However, if the recorded easement limits the 6 electric supplier’s ability to do so, the recorded easement 7 controls. 8 The bill allows an electric supplier to engage in vegetation 9 management in the absence of a recorded easement in certain 10 areas and locations, as specified in the bill. The bill 11 provides that such actions shall be considered reasonable and 12 necessary for the continued safe and reliable operation of 13 the electric distribution lines and shall create a rebuttable 14 presumption that the electric supplier acted with reasonable 15 care, operated within its rights, and did not commit trespass. 16 The bill requires that, prior to undertaking vegetation 17 management, the electric supplier shall use reasonable 18 diligence to notify the owner and person in possession of the 19 real property on which vegetation management will occur of the 20 electric supplier’s intent to undertake vegetation management. 21 The bill provides that an electric supplier may engage in 22 vegetation management beyond the activities authorized under 23 the bill if the electric supplier is granted permission from 24 the landowner on which the electric distribution facilities are 25 located to do so, the electric supplier is granted a recorded 26 easement that prescribes greater rights, or the electric 27 supplier deems that such action is necessary to maintain 28 the continued safe and reliable operation of the electric 29 distribution facilities, provided that the electric supplier 30 notify the landowner at least 14 days in advance, unless the 31 electric supplier deems that immediate action is needed or if 32 the action is in response to a major weather event or other 33 emergency situation involving electric service in the area that 34 has been interrupted and needs to be restored. 35 -4- LSB 1623HV (2) 89 jda/rn 4/ 5

H.F. 460 The bill provides that an electric supplier that engages in 1 vegetation management pursuant to the bill shall not be liable 2 for treble damages for injury to trees under Code section 3 658.4. 4 The bill provides that it shall not be interpreted to require 5 an electric supplier to exercise any rights provided in the 6 bill. 7 -5- LSB 1623HV (2) 89 jda/rn 5/ 5