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Senate Study Bill 1154 - IntroducedA Bill ForAn Act 1relating to vegetation management by certain electric
2suppliers.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 564.9 Electric suppliers —
2vegetation management.
31. For purposes of this section:
4a. “Electric supplier” means any of the following:
5(1) A rural electric cooperative subject to chapter 499.
6(2) A city utility as defined in section 362.2, subject to
7regulation under section 476.1B.
8(3) A joint facility or electric power agency subject to
9chapter 390.
10b. “Vegetation” means any natural growth or vegetation,
11including but not limited to trees.
12c. “Vegetation management” means any act to manage
13vegetation, including but not limited to trimming, removing,
14and controlling the vegetation.
152. a. An electric supplier that maintains or operates
16electric transmission or distribution lines may engage in
17vegetation management within the legal description of a
18recorded easement to ensure the continued safe and reliable
19operation of the electric transmission or distribution lines.
20However, if the terms of a recorded easement prescribes
21limitations on an electric supplier’s ability to engage in
22vegetation management within the legal description of the
23recorded easement, the terms of the recorded easement shall
24control.
25b. In the absence of a recorded easement, an electric
26supplier may engage in vegetation management as follows:
27(1) For electric transmission or distribution lines capable
28of operating at thirty-four and one-half kilovolts or less and
29located within the limits of a city, within ten feet, plus
30one-half of the length of any attached cross arm, of either
31side of the centerline.
32(2) For electric transmission or distribution lines capable
33of operating at thirty-four and one-half kilovolts or less and
34located outside the limits of a city, within thirty feet of
35either side of the centerline.
-1- 1(3) For electric transmission or distribution lines capable
2of operating at between thirty-four and one-half kilovolts and
3one hundred kilovolts regardless of location, within fifty feet
4of either side of the centerline.
5(4) For electric transmission or distribution lines capable
6of operating at more than one hundred kilovolts regardless of
7location, within the greater of seventy-five feet of either
8side of the centerline, or any distance requirement adopted
9by the federal energy regulatory commission or an electric
10reliability organization authorized under the federal Energy
11Policy Act of 2005, 16 U.S.C. §824o.
12c. Vegetation management undertaken pursuant to paragraph
13“b” shall be considered reasonable and necessary for the
14continued safe and reliable operation of the electric
15supplier’s electric transmission or distribution lines and
16shall create a rebuttable presumption, in claims for property
17damage, that the electric supplier acted with reasonable care,
18operated within its rights regarding the maintenance and
19operation of the electric transmission or distribution lines,
20and did not commit trespass.
213. Notwithstanding subsection 2, an electric supplier
22may engage in vegetation management beyond the activities
23authorized under subsection 2 in the following circumstances:
24a. The electric supplier is granted permission from the
25owner of the real property on which the electric transmission
26or distribution lines are located to engage in vegetation
27management beyond the activities authorized under subsection 2.
28b. The electric supplier is granted a recorded easement
29that prescribes greater rights regarding vegetation management
30beyond those granted in subsection 2.
31c. The electric supplier deems that vegetation threatens
32the integrity and safety of the electric supplier’s electric
33transmission or distribution lines and vegetation management
34beyond the activities authorized under subsection 2 is
35necessary to maintain the continued safe and reliable operation
-2-1of the electric transmission or distribution lines. Prior to
2undertaking vegetation management pursuant to this paragraph,
3the electric supplier shall notify the owner of the real
4property on which the vegetation is located at least fourteen
5days before the vegetation management occurs, unless the
6electric supplier deems that immediate action is necessary
7to ensure the continued safe and reliable operation of the
8electric transmission or distribution lines, or the action
9is in response to a major weather event or other emergency
10situation.
114. An electric supplier that engages in vegetation
12management pursuant to this section shall not be liable for
13treble damages under section 658.4.
145. This section shall not be interpreted to require an
15electric supplier to exercise any rights provided in this
16section.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill establishes new Code section 564.9, relating
21to the ability of certain electric suppliers to engage in
22vegetation management under specified circumstances.
23 “Electric supplier” is defined as a rural electric
24cooperative, a city utility, or a joint facility or electric
25power agency. “Vegetation” is defined as any natural
26growth or vegetation, including but not limited to trees.
27“Vegetation management” is defined as any act to manage
28vegetation, including but not limited to trimming, removing,
29and controlling the vegetation.
30The bill provides that an electric supplier that maintains
31or operates electric transmission or distribution lines may
32engage in vegetation management within the legal description
33of a recorded easement to ensure the continued safe operation
34of the lines. However, if the recorded easement limits the
35electric supplier’s ability to do so, the recorded easement
-3-1controls.
2The bill allows an electric supplier to engage in vegetation
3management in the absence of a recorded easement in certain
4areas and locations, as specified in the bill. The bill
5provides that such actions shall be considered reasonable and
6necessary for the continued safe and reliable operation of
7the lines and shall create a rebuttable presumption that the
8electric supplier acted with reasonable care, operated within
9its rights, and did not commit trespass.
10The bill provides that an electric supplier may engage
11in vegetation management beyond the activities authorized
12under the bill if the electric supplier is granted permission
13from the landowner on which the lines are located to do so,
14the electric supplier is granted a recorded easement that
15prescribes greater rights, or the electric supplier deems that
16such action is necessary to maintain the continued safe and
17reliable operation of the lines, provided that the electric
18supplier notify the landowner at least 14 days in advance,
19unless the electric supplier deems that immediate action is
20needed or if the action is in response to a major weather event
21or other emergency situation.
22The bill provides that an electric supplier that engages in
23vegetation management pursuant to the bill shall not be liable
24for treble damages for injury to trees under Code section
25658.4.
26The bill provides that it shall not be interpreted to require
27an electric supplier to exercise any rights provided in the
28bill.
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2suppliers.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 564.9 Electric suppliers —
2vegetation management.
31. For purposes of this section:
4a. “Electric supplier” means any of the following:
5(1) A rural electric cooperative subject to chapter 499.
6(2) A city utility as defined in section 362.2, subject to
7regulation under section 476.1B.
8(3) A joint facility or electric power agency subject to
9chapter 390.
10b. “Vegetation” means any natural growth or vegetation,
11including but not limited to trees.
12c. “Vegetation management” means any act to manage
13vegetation, including but not limited to trimming, removing,
14and controlling the vegetation.
152. a. An electric supplier that maintains or operates
16electric transmission or distribution lines may engage in
17vegetation management within the legal description of a
18recorded easement to ensure the continued safe and reliable
19operation of the electric transmission or distribution lines.
20However, if the terms of a recorded easement prescribes
21limitations on an electric supplier’s ability to engage in
22vegetation management within the legal description of the
23recorded easement, the terms of the recorded easement shall
24control.
25b. In the absence of a recorded easement, an electric
26supplier may engage in vegetation management as follows:
27(1) For electric transmission or distribution lines capable
28of operating at thirty-four and one-half kilovolts or less and
29located within the limits of a city, within ten feet, plus
30one-half of the length of any attached cross arm, of either
31side of the centerline.
32(2) For electric transmission or distribution lines capable
33of operating at thirty-four and one-half kilovolts or less and
34located outside the limits of a city, within thirty feet of
35either side of the centerline.
-1- 1(3) For electric transmission or distribution lines capable
2of operating at between thirty-four and one-half kilovolts and
3one hundred kilovolts regardless of location, within fifty feet
4of either side of the centerline.
5(4) For electric transmission or distribution lines capable
6of operating at more than one hundred kilovolts regardless of
7location, within the greater of seventy-five feet of either
8side of the centerline, or any distance requirement adopted
9by the federal energy regulatory commission or an electric
10reliability organization authorized under the federal Energy
11Policy Act of 2005, 16 U.S.C. §824o.
12c. Vegetation management undertaken pursuant to paragraph
13“b” shall be considered reasonable and necessary for the
14continued safe and reliable operation of the electric
15supplier’s electric transmission or distribution lines and
16shall create a rebuttable presumption, in claims for property
17damage, that the electric supplier acted with reasonable care,
18operated within its rights regarding the maintenance and
19operation of the electric transmission or distribution lines,
20and did not commit trespass.
213. Notwithstanding subsection 2, an electric supplier
22may engage in vegetation management beyond the activities
23authorized under subsection 2 in the following circumstances:
24a. The electric supplier is granted permission from the
25owner of the real property on which the electric transmission
26or distribution lines are located to engage in vegetation
27management beyond the activities authorized under subsection 2.
28b. The electric supplier is granted a recorded easement
29that prescribes greater rights regarding vegetation management
30beyond those granted in subsection 2.
31c. The electric supplier deems that vegetation threatens
32the integrity and safety of the electric supplier’s electric
33transmission or distribution lines and vegetation management
34beyond the activities authorized under subsection 2 is
35necessary to maintain the continued safe and reliable operation
-2-1of the electric transmission or distribution lines. Prior to
2undertaking vegetation management pursuant to this paragraph,
3the electric supplier shall notify the owner of the real
4property on which the vegetation is located at least fourteen
5days before the vegetation management occurs, unless the
6electric supplier deems that immediate action is necessary
7to ensure the continued safe and reliable operation of the
8electric transmission or distribution lines, or the action
9is in response to a major weather event or other emergency
10situation.
114. An electric supplier that engages in vegetation
12management pursuant to this section shall not be liable for
13treble damages under section 658.4.
145. This section shall not be interpreted to require an
15electric supplier to exercise any rights provided in this
16section.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill establishes new Code section 564.9, relating
21to the ability of certain electric suppliers to engage in
22vegetation management under specified circumstances.
23 “Electric supplier” is defined as a rural electric
24cooperative, a city utility, or a joint facility or electric
25power agency. “Vegetation” is defined as any natural
26growth or vegetation, including but not limited to trees.
27“Vegetation management” is defined as any act to manage
28vegetation, including but not limited to trimming, removing,
29and controlling the vegetation.
30The bill provides that an electric supplier that maintains
31or operates electric transmission or distribution lines may
32engage in vegetation management within the legal description
33of a recorded easement to ensure the continued safe operation
34of the lines. However, if the recorded easement limits the
35electric supplier’s ability to do so, the recorded easement
-3-1controls.
2The bill allows an electric supplier to engage in vegetation
3management in the absence of a recorded easement in certain
4areas and locations, as specified in the bill. The bill
5provides that such actions shall be considered reasonable and
6necessary for the continued safe and reliable operation of
7the lines and shall create a rebuttable presumption that the
8electric supplier acted with reasonable care, operated within
9its rights, and did not commit trespass.
10The bill provides that an electric supplier may engage
11in vegetation management beyond the activities authorized
12under the bill if the electric supplier is granted permission
13from the landowner on which the lines are located to do so,
14the electric supplier is granted a recorded easement that
15prescribes greater rights, or the electric supplier deems that
16such action is necessary to maintain the continued safe and
17reliable operation of the lines, provided that the electric
18supplier notify the landowner at least 14 days in advance,
19unless the electric supplier deems that immediate action is
20needed or if the action is in response to a major weather event
21or other emergency situation.
22The bill provides that an electric supplier that engages in
23vegetation management pursuant to the bill shall not be liable
24for treble damages for injury to trees under Code section
25658.4.
26The bill provides that it shall not be interpreted to require
27an electric supplier to exercise any rights provided in the
28bill.
-4-gh/rn