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92nd General Assembly

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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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