H.F. _____ 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 1623YC (1) 89 jda/rn 1/ 4

H.F. _____ 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 3. Notwithstanding subsection 2, an electric supplier 15 may engage in vegetation management beyond the activities 16 authorized under subsection 2 in the following circumstances: 17 a. The electric supplier is granted permission from the 18 owner of the real property on which the electric distribution 19 facilities are located to engage in vegetation management 20 beyond the activities authorized under subsection 2. 21 b. The electric supplier is granted a recorded easement 22 that prescribes greater rights regarding vegetation management 23 beyond those granted in subsection 2. 24 c. The electric supplier deems that vegetation threatens 25 the integrity and safety of the electric supplier’s electric 26 distribution facilities and vegetation management beyond 27 the activities authorized under subsection 2 is necessary 28 to maintain the continued safe and reliable operation of 29 the electric distribution facilities. Prior to undertaking 30 vegetation management pursuant to this paragraph, the 31 electric supplier shall notify the owner of the real property 32 on which the vegetation is located at least fourteen days 33 before the vegetation management occurs, unless the electric 34 supplier deems that immediate action is necessary to ensure 35 -2- LSB 1623YC (1) 89 jda/rn 2/ 4

H.F. _____ the continued safe and reliable operation of the electric 1 distribution facilities, or the action is in response to a 2 major weather event or other emergency situation. 3 4. An electric supplier that engages in vegetation 4 management pursuant to this section shall not be liable for 5 treble damages under section 658.4. 6 5. This section shall not be interpreted to require an 7 electric supplier to exercise any rights provided in this 8 section. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill establishes new Code section 564.9, relating 13 to the ability of certain electric suppliers to engage in 14 vegetation management under specified circumstances. 15 “Electric distribution facility” is defined as the 16 equipment owned and operated by an electric supplier that 17 is used to transmit electricity to ultimate usage points 18 from interchanges with higher voltage transmission networks. 19 “Electric supplier” is defined as a rural electric cooperative, 20 a city utility, a joint facility or electric power agency, or a 21 public utility with an assigned area of service. “Vegetation” 22 is defined as any natural growth or vegetation, including but 23 not limited to trees, brush, saplings, and bushes. “Vegetation 24 management” is defined as any act to manage vegetation, 25 including but not limited to trimming, removing, spraying, and 26 controlling the vegetation. 27 The bill provides that an electric supplier that maintains 28 or operates electric distribution facilities may engage 29 in vegetation management within the legal description of a 30 recorded easement to ensure the continued safe operation of 31 the facilities. However, if the recorded easement limits the 32 electric supplier’s ability to do so, the recorded easement 33 controls. 34 The bill allows an electric supplier to engage in vegetation 35 -3- LSB 1623YC (1) 89 jda/rn 3/ 4

H.F. _____ management in the absence of a recorded easement in certain 1 areas and locations, as specified in the bill. The bill 2 provides that such actions shall be considered reasonable and 3 necessary for the continued safe and reliable operation of 4 the electric distribution lines and shall create a rebuttable 5 presumption that the electric supplier acted with reasonable 6 care, operated within its rights, and did not commit trespass. 7 The bill provides that an electric supplier may engage in 8 vegetation management beyond the activities authorized under 9 the bill if the electric supplier is granted permission from 10 the landowner on which the electric distribution facilities are 11 located to do so, the electric supplier is granted a recorded 12 easement that prescribes greater rights, or the electric 13 supplier deems that such action is necessary to maintain 14 the continued safe and reliable operation of the electric 15 distribution facilities, provided that the electric supplier 16 notify the landowner at least 14 days in advance, unless the 17 electric supplier deems that immediate action is needed or if 18 the action is in response to a major weather event or other 19 emergency situation. 20 The bill provides that an electric supplier that engages in 21 vegetation management pursuant to the bill shall not be liable 22 for treble damages for injury to trees under Code section 23 658.4. 24 The bill provides that it shall not be interpreted to require 25 an electric supplier to exercise any rights provided in the 26 bill. 27 -4- LSB 1623YC (1) 89 jda/rn 4/ 4