HB3884ham001 97TH GENERAL ASSEMBLY

Rep. Jack D. Franks

Filed: 2/28/2012

09700HB3884ham001 LRB097 14621 CEL 66298 a

AMENDMENT TO HOUSE BILL 3884

AMENDMENT NO. ______. Amend House Bill 3884 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Overhead Utility Facilities Damage Prevention Act.

Section 5. Findings. The General Assembly recognizes that it is a goal of this State to provide residents with safe and reliable electric service. The General Assembly finds that certain vegetation poses serious hazards to electric utility power lines. Specifically, the General Assembly finds that electric power outages related to the interference of vegetation are often caused by the planting of tall-growing tree species near electric utility power lines. As a result, the General Assembly finds that it is necessary to impose regulations regarding the placement of these trees when planting these trees and to provide procedures for the electric utilities' maintenance and removal of such trees, which will reduce power outages and increase reliability of electric service.

Section 10. Definitions. For the purposes of this Act:

"Approved vegetation" means any tree with a mature height that is less than 25 feet as identified in the most recent version of "Manual of Woody Landscape Plants" by Michael Dirr.

"Commission" means the Illinois Commerce Commission.

"Electric utility" has the same meaning as set forth in Section 16-102 of the Public Utilities Act.

Section 15. Approved vegetation. It shall be lawful for any person to plant approved vegetation within 20 feet of an electric utility pole or overhead electrical conductor with a nominal voltage rating of 100 kilovolts or less, excluding single customer overhead service wires, located within the State. Any vegetation that is not approved vegetation planted, whether by a person or by natural means, within 20 lateral feet of an electric utility pole or overhead electrical conductor with a nominal voltage rating of 100 kilovolts or less, excluding single customer overhead service wires, located within the State shall be subject to the removal procedures established pursuant to the rulemaking proceeding conducted in accordance with Section 25 of this Act.

Section 20. Notice regarding approved vegetation. Each electric utility shall provide on its website educational material that encourages the planting of approved vegetation near utility poles and overhead electrical conductors. Twice a year, in May and September, each electric utility shall include with its billing statements an insert that provides a notice and shall also cause the notice to appear in newspapers of general circulation adequate to cover the utility's service area. The notice shall provide:

"It is only lawful for a person to plant any tree with a mature height that is less than 25 feet within 20 lateral feet of an electric utility pole or overhead electrical conductor with a nominal voltage rating of 100 kilovolts or less, excluding single customer overhead service wires, located within Illinois. Violators may be subject to the removal of the non-approved vegetation pursuant to the removal procedures established under Section 25 of the Overhead Utility Facilities Damage Prevention Act.".

Section 25. Rulemaking to establish removal procedures.

Within 180 days after the effective date of this amendatory Act of the 97th General Assembly, the Commission shall initiate a rulemaking proceeding to establish rules regarding:

(1) an electric utility's removal of non-approved vegetation planted after the effective date of this amendatory Act of the 97th General Assembly, including, but not limited to, permitting the electric utility to remove the non-approved vegetation without replacement;

(2) an electric utility's removal of non-approved vegetation planted prior to the effective date of this amendatory Act of the 97th General Assembly, provided that in the electric utility's judgment the electric utility's standard pruning to ANSI A300 standards does not adequately mitigate the risk that the vegetation poses to reliable electric service;

(3) an electric utility's removal of non-approved vegetation planted by natural means both before and after the effective date of this amendatory Act of the 97th General Assembly, including, but not limited to, permitting the electric utility to remove the non-approved vegetation without replacement; and

(4) an electric utility's removal of non-approved vegetation planted by natural means prior to the effective date of this amendatory Act of the 97th General Assembly, provided that in the electric utility's judgment the electric utility's standard pruning to ANSI A300 standards does not adequately mitigate the risk that the vegetation poses to reliable electric service.

Section 30. Interference with utility maintenance and removal of vegetation. It shall be unlawful for any person to interfere with an electric utility, including, but not limited to, its employees and contractors, while the electric utility is performing vegetation management and removal activities pursuant to this Act or Section 8-505.1 of the Public Utilities Act, including, but not limited to, tree trimming and tree removal activities.

Section 35. Commission enforcement. The Commission shall have the power and jurisdiction to enforce the provisions of this Act by including in the rules adopted under Section 25 of this Act a schedule of charges that an electric utility may assess for the removal of non-approved vegetation planted after the effective date of this Act.

Section 99. Effective date. This Act takes effect upon becoming law.".