HSB 149 (LSB 1623YC (1) 89)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON LUNDGREN)

A BILL FOR

An Act relating to vegetation management by certain electric suppliers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  564.9  Electric suppliers —— vegetation management.
   1.  For purposes of this section:
   a.  “Electric distribution facility” means the facilities and equipment owned and operated by an electric supplier that are used to transmit electricity to ultimate usage points from interchanges with higher voltage transmission networks which transport bulk power over long distances.
   b.  “Electric supplier” means any of the following:
   (1)  A rural electric cooperative subject to chapter 499.
   (2)  A city utility as defined in section 362.2, subject to regulation under section 476.1B.
   (3)  A joint facility or electric power agency subject to chapter 390.
   (4)  A public utility with an assigned area of service pursuant to section 476.25.
   c.  “Vegetation” means any natural growth or vegetation, including but not limited to trees, brush, saplings, and bushes.
   d.  “Vegetation management” means any act to manage vegetation, including but not limited to trimming, removing, spraying, or otherwise controlling the vegetation.
   2.  a.  An electric supplier that maintains or operates electric distribution facilities may engage in vegetation management within the legal description of a recorded easement to ensure the continued safe and reliable operation of the electric distribution facilities. However, if the terms of a recorded easement prescribe limitations on an electric supplier’s ability to engage in vegetation management within the legal description of the recorded easement, the terms of the recorded easement shall control.
   b.  In the absence of a recorded easement, an electric supplier may engage in vegetation management as follows:
   (1)  For electric distribution lines capable of operating at thirty-seven kilovolts or less and located within the limits of a city, within ten feet, plus one-half of the length of any attached cross arm, of either side of the centerline.
   (2)  For electric distribution lines capable of operating at thirty-seven kilovolts or less and located outside the limits of a city, within thirty feet, plus one-half of the length of any attached cross arm, of either side of the centerline.
   c.  Vegetation management undertaken pursuant to paragraph “b” shall be considered reasonable and necessary for the continued safe and reliable operation of the electric supplier’s electric distribution lines and shall create a rebuttable presumption, in claims for property damage, that the electric supplier acted with reasonable care, operated within its rights regarding the maintenance and operation of the electric distribution lines, and did not commit trespass.
   3.  Notwithstanding subsection 2, an electric supplier may engage in vegetation management beyond the activities authorized under subsection 2 in the following circumstances:
   a.  The electric supplier is granted permission from the owner of the real property on which the electric distribution facilities are located to engage in vegetation management beyond the activities authorized under subsection 2. 
   b.  The electric supplier is granted a recorded easement that prescribes greater rights regarding vegetation management beyond those granted in subsection 2.
   c.  The electric supplier deems that vegetation threatens the integrity and safety of the electric supplier’s electric distribution facilities and vegetation management beyond the activities authorized under subsection 2 is necessary to maintain the continued safe and reliable operation of the electric distribution facilities. Prior to undertaking vegetation management pursuant to this paragraph, the electric supplier shall notify the owner of the real property on which the vegetation is located at least fourteen days before the vegetation management occurs, unless the electric supplier deems that immediate action is necessary to ensure the continued safe and reliable operation of the electric distribution facilities, or the action is in response to a major weather event or other emergency situation.
   4.  An electric supplier that engages in vegetation management pursuant to this section shall not be liable for treble damages under section 658.4.
   5.  This section shall not be interpreted to require an electric supplier to exercise any rights provided in this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes new Code section 564.9, relating to the ability of certain electric suppliers to engage in vegetation management under specified circumstances.
    “Electric distribution facility” is defined as the equipment owned and operated by an electric supplier that is used to transmit electricity to ultimate usage points from interchanges with higher voltage transmission networks. “Electric supplier” is defined as a rural electric cooperative, a city utility, a joint facility or electric power agency, or a public utility with an assigned area of service. “Vegetation” is defined as any natural growth or vegetation, including but not limited to trees, brush, saplings, and bushes. “Vegetation management” is defined as any act to manage vegetation, including but not limited to trimming, removing, spraying, and controlling the vegetation.
   The bill provides that an electric supplier that maintains or operates electric distribution facilities may engage in vegetation management within the legal description of a recorded easement to ensure the continued safe operation of the facilities. However, if the recorded easement limits the electric supplier’s ability to do so, the recorded easement controls. 
   The bill allows an electric supplier to engage in vegetation management in the absence of a recorded easement in certain areas and locations, as specified in the bill. The bill provides that such actions shall be considered reasonable and necessary for the continued safe and reliable operation of the electric distribution lines and shall create a rebuttable presumption that the electric supplier acted with reasonable care, operated within its rights, and did not commit trespass.
   The bill provides that an electric supplier may engage in vegetation management beyond the activities authorized under the bill if the electric supplier is granted permission from the landowner on which the electric distribution facilities are located to do so, the electric supplier is granted a recorded easement that prescribes greater rights, or the electric supplier deems that such action is necessary to maintain the continued safe and reliable operation of the electric distribution facilities, provided that the electric supplier notify the landowner at least 14 days in advance, unless the electric supplier deems that immediate action is needed or if the action is in response to a major weather event or other emergency situation.
   The bill provides that an electric supplier that engages in vegetation management pursuant to the bill shall not be liable for treble damages for injury to trees under Code section 658.4.
   The bill provides that it shall not be interpreted to require an electric supplier to exercise any rights provided in the bill.