96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5233

 

Introduced 2/3/2010, by Rep. Patricia R. Bellock

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/8-505.1

    Amends the Public Utilities Act. Provides that an electric public utility shall follow the sensible growth vegetation standards as developed by the Illinois Commerce Commission to replant trees removed by utilities along State, county, and municipally owned recreational trails. Effective immediately.


LRB096 17377 MJR 32729 b

 

 

A BILL FOR

 

HB5233 LRB096 17377 MJR 32729 b

1     AN ACT concerning utilities.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Public Utilities Act is amended by changing
5 Section 8-505.1 as follows:
 
6     (220 ILCS 5/8-505.1)
7     Sec. 8-505.1. Non-emergency vegetation management
8 activities.
9     (a) Except as provided in subsections (b), (c), and (d), in
10 conducting its non-emergency vegetation management activities,
11 an electric public utility shall:
12         (1) Follow the most current tree care and maintenance
13     standard practices set forth in ANSI A300 published by the
14     American National Standards Institute and the most current
15     applicable Occupational Safety and Health Administration
16     regulations regarding worker safety.
17         (2) Provide direct notice of vegetation management
18     activities no less than 21 days nor more than 90 days
19     before the activities begin.
20             (A) If the vegetation management activities will
21         occur in an incorporated municipality, the notice must
22         be given to the mayor or his or her designee.
23             (B) If the vegetation management activities will

 

 

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1         occur in an unincorporated area, the notice must be
2         given to the chairman of the county board or his or her
3         designee.
4             (C) Affected customers shall be notified directly.
5             (D) Affected property owners shall be notified by a
6         published notice in a newspaper or newspapers in
7         general circulation and widely distributed within the
8         entire area in which the vegetation management
9         activities notice will occur.
10             (E) Circuit maps or a description by common address
11         of the area to be affected by vegetation management
12         activities must accompany any notice to a mayor or his
13         or her designee or to a chairman of a county board or
14         his or her designee.
15         (3) The electric public utility giving the direct and
16     published notices required in this subsection (a)(2) shall
17     provide notified customers and property owners with (i) a
18     statement of the vegetation management activities planned,
19     (ii) the address of a website and a toll-free telephone
20     number at which a written disclosure of all dispute
21     resolution opportunities and processes, rights, and
22     remedies provided by the electric public utility may be
23     obtained, (iii) a statement that the customer and the
24     property owner may appeal the planned vegetation
25     management activities through the electric public utility
26     and the Illinois Commerce Commission, (iv) a toll-free

 

 

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1     telephone number through which communication may be had
2     with a representative of the electric public utility
3     regarding the vegetation management activities, and (v)
4     the telephone number of the Consumer Affairs Officer of the
5     Illinois Commerce Commission. The notice shall also
6     include a statement that circuit maps and common addresses
7     of the area to be affected by the vegetation management
8     activities are on file with the office of the mayor of an
9     affected municipality or his or her designee and the office
10     of the county board chairman of an affected county or his
11     or her designee.
12         (3) Follow the sensible growth vegetation standards as
13     developed by the Commission to replant trees removed by
14     utilities along State, county, and municipally owned
15     recreational trails.
16     The Commission shall have sole authority to investigate,
17 issue, and hear complaints against the utility under this
18 subsection (a).
19     (b) A public utility shall not be required to comply with
20 the requirements of subsection (d) or of paragraph paragraphs
21 (2) and (3) of subsection (a) when it is taking actions
22 directly related to an emergency to restore reliable service
23 after interruptions of service.
24     (c) A public utility shall not be required to comply with
25 the requirements of subsection (a) or (d) if there is a
26 franchise, contract, or written agreement between the public

 

 

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1 utility and the municipality or county mandating specific
2 vegetation management practices. If the franchise, contract,
3 or written agreement between the public utility and the
4 municipality or county establishes requirements for notice to
5 the municipality, county, customers, and property owners,
6 those notice requirements shall control over the notice
7 requirements of paragraph paragraphs (2) and (3) of subsection
8 (a). If the franchise, contract, or written agreement between
9 the public utility and the municipality or county does not
10 establish notice requirements, the notice requirements
11 contained in paragraph paragraphs (2) and (3) of subsection (a)
12 shall control.
13     (d) If no franchise, contract, or written agreement between
14 a utility and a municipality mandates a specific vegetation
15 management practice and the municipality enacts an ordinance
16 establishing standards for non-emergency vegetation management
17 practices that are contrary to the standards established by
18 this Section and the vegetation management activities of the
19 electric public utility cost substantially more, as a direct
20 consequence, then the electric public utility may, before
21 vegetation management activities begin, apply to the
22 municipality for an agreement to pay the additional cost. When
23 an application for an agreement is made to the municipality, no
24 vegetation management activities shall begin until the
25 municipality responds to the application by agreement or
26 rejection or dispute resolution proceedings are completed. The

 

 

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1 application shall be supported by a detailed specification of
2 the difference between the standards established by this
3 Section and the contrary standards established by the municipal
4 ordinances and by a good faith bid or proposal obtained from a
5 utility contractor or contractors quantifying the additional
6 cost for performing the specification. When the municipality
7 receives the specification and the utility contractor's bid or
8 proposal, the municipality shall agree, reject, or initiate
9 dispute resolution proceedings regarding the application
10 within 90 days after the application's receipt. If the
11 municipality does not act within 90 days or informs the utility
12 that it will not agree, the electric public utility may proceed
13 and need not comply with the contrary ordinance standard. When
14 there is a dispute regarding (i) the accuracy of the
15 specification, (ii) whether there is a conflict with the
16 standards established by this Section, or (iii) any aspect of
17 the bid or proposal process, the Illinois Commerce Commission
18 shall hear and resolve the disputed matter or matters, with the
19 electric public utility having the burden of proof. A
20 municipality may have a person trained in tree care and
21 maintenance generally monitor and discuss with the vegetation
22 management supervisory personnel of the electric public
23 utility the performance of the public utility's vegetation
24 management activities without any claim for costs hereunder by
25 the public utility arising therefrom.
26     The provisions of this Section shall not in any way

 

 

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1 diminish or replace other civil or administrative remedies
2 available to a customer or class of customers or a property
3 owner or class of property owners under this Act. This Section
4 does not alter the jurisdiction of the Illinois Commerce
5 Commission in any manner except to obligate the Commission to
6 investigate, issue, and hear complaints against an electric
7 public utility as provided in paragraph (2) of subsection (a)
8 (a)(3) and to hear and resolve disputed matters brought to it
9 as provided in this subsection. Vegetation management
10 activities by an electric public utility shall not alter,
11 trespass upon, or limit the rights of any property owner.
12 (Source: P.A. 91-902, eff. 7-6-00; 92-214, eff. 8-2-01.)
 
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.