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Public Act 92-0214
HB1776 Enrolled LRB9203173JSpcB
AN ACT concerning public utilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by
changing Section 8-505.1 as follows:
(220 ILCS 5/8-505.1)
Sec. 8-505.1. Non-emergency vegetation management
activities.
(a) Except as provided in subsections (b), (c), and (d),
in conducting its non-emergency vegetation management
activities, an electric public utility shall:
(1) Follow the most current tree care and
maintenance standard practices guidelines set forth in
ANSI A300 published by the American National Standards
Institute International Society of Arboriculture and the
most current applicable Occupational Safety and Health
Administration regulations regarding worker safety or
American National Standards Institute standards.
(2) Provide direct notice of vegetation management
activities no less than at least 21 days nor more than 90
days before the activities begin beginning those
activities.
(A) If the vegetation management activities
will occur in an incorporated municipality, the
notice must be given to the mayor or his or her
designee.
(B) If the vegetation management activities
will occur in an unincorporated area, the notice
must be given to the chairman of the county board or
his or her designee.
(C) Affected customers shall be notified
directly.
(D) Affected property owners shall be notified
by a published notice in a newspaper or newspapers
in general circulation and widely distributed within
the entire area in which the vegetation management
activities notice will occur.
(E) Circuit maps or a description by common
address of the area to be affected by vegetation
management activities must accompany any the notice
to a mayor or his or her designee or to a chairman
of a county board or his or her designee.
Notification may be discontinued upon the
request of the governing body of the municipality or
county. Requests for the termination of notices
shall be in writing.
(3) Directly notify affected customers no fewer
than 7 days before the activity is scheduled to begin.
(3) (4) The electric public utility giving the
direct and published notices required in subsection
(a)(2) shall provide notified customers and property
owners with (i) a statement of the vegetation management
activities planned, (ii) the address of a website and a
toll-free telephone number at which a written disclosure
of all dispute resolution opportunities and processes,
rights, and remedies provided by the electric public
utility may be obtained, (iii) a statement that the
customer and the property owner may appeal the planned
vegetation management activities through the electric
public utility and the Illinois Commerce Commission, (iv)
a toll-free telephone number through which communication
may be had with a representative of the electric public
utility to call regarding the vegetation management
activities, and (v) the telephone number of the Consumer
Affairs Officer of the Illinois Commerce Commission. The
notice shall also include a statement that circuit maps
and common addresses of the area to be affected by the
vegetation management activities are on file with the
office of the mayor of an affected municipality or his or
her designee and the office of the county board chairman
of an affected county or his or her designee.
The Commission shall have sole authority to investigate,
and issue, and hear complaints against the utility under this
subsection (a).
(b) A public utility shall not be required to comply
with the requirements of subsection (d) or of paragraphs (2),
and (3), and (4) of subsection (a) when (i) it is taking
actions directly related to an emergency to restore reliable
service after interruptions of service.; (ii)
(c) A public utility shall not be required to comply
with the requirements of subsection (a) or (d) if there is a
franchise, contract, or written agreement between the public
utility and the municipality or county mandating specific
vegetation management practices. If the franchise, contract,
or written agreement between the public utility and the
municipality or county establishes requirements for notice to
the municipality, county, customers, and property owners,
those notice requirements shall control over the notice
requirements of paragraphs (2) and (3) of subsection (a). If
the franchise, contract, or written agreement between the
public utility and the municipality or county does not
establish notice requirements, the notice requirements
contained in paragraphs (2) and (3) of subsection (a) shall
control; or (iii) there is a mutual agreement between the
municipality or county and the public utility to waive the
requirements of paragraph (2), (3), or (4) of subsection (a),
to the extent of the waiver agreement.
(d) (c) If (i) no franchise, contract, or written
agreement between a utility and a municipality mandates a
specific vegetation management practice, (ii) no applicable
tariff governing non-emergency vegetation management
practices has been approved by the Commission, and (iii) the
municipality enacts an ordinance establishing standards for
non-emergency vegetation management practices that are
contrary to more restrictive than the standards established
by this Section and the vegetation management activities of
the electric public utility cost substantially more, as a
direct consequence, then the electric public utility may,
before vegetation management activities begin, apply to the
municipality for an agreement to pay the additional cost
recover from the municipality the difference between the
costs of complying with the standards established under the
municipality's ordinance and the costs of complying with the
standards established by this Section. Before beginning any
non-emergency vegetation management activities in a
municipality that has enacted an ordinance establishing
standards for vegetation management practices that are more
restrictive than the standards established by this Section,
an electric public utility shall provide to the municipality
a good faith estimate of the costs of complying with the more
restrictive municipal standards for vegetation management
practices. When an application for an agreement is made to
the municipality, no vegetation management activities shall
begin until the municipality responds to the application by
agreement or rejection or dispute resolution proceedings are
completed. The application shall be supported by a detailed
specification of the difference between the standards
established by this Section and the contrary standards
established by the municipal ordinances and by a good faith
bid or proposal obtained from a utility contractor or
contractors quantifying the additional cost for performing
the specification. When the municipality receives the
specification and the utility contractor's bid or proposal,
the municipality shall agree, reject, or initiate dispute
resolution proceedings regarding the application within 90
days after the application's receipt. If the municipality
does not act within 90 days or informs the utility that it
will not agree, the electric public utility may proceed and
need not comply with the contrary ordinance standard. When
there is a dispute regarding (i) the accuracy of the
specification, (ii) whether there is a conflict with the
standards established by this Section, or (iii) any aspect of
the bid or proposal process, the Illinois Commerce Commission
shall hear and resolve the disputed matter or matters, with
the electric public utility having the burden of proof. A
municipality may have a person trained in tree care and
maintenance generally monitor and discuss with the vegetation
management supervisory personnel of the electric public
utility the performance of the public utility's vegetation
management activities without any claim for costs hereunder
by the public utility arising therefrom.
The provisions of this Section shall not in any way
diminish or replace other civil or administrative remedies
available to a customer or class of customers or a property
owner or class of property owners under this Act nor
invalidate any tariff approved or rule promulgated by the
Commission. This Section does not alter the jurisdiction of
the Illinois Commerce Commission in any manner except to
obligate the Commission to investigate, issue, and hear
complaints against an electric public utility as provided in
subsection (a)(3) and to hear and resolve disputed matters
brought to it as provided in this subsection. Vegetation
management activities by an electric public utility shall not
alter, trespass upon, or limit the rights of any property
owner.
(Source: P.A. 91-902, eff. 7-6-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 10, 2001.
Approved August 02, 2001.
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