State of Illinois
91st General Assembly
Legislation

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91_SB1541ham003

 










                                           LRB9110220JSpcam09

 1                    AMENDMENT TO SENATE BILL 1541

 2        AMENDMENT NO.     .  Amend Senate Bill 1541, AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The  Public  Utilities  Act  is  amended  by
 6    adding Section 8-505.1 as follows:

 7        (220 ILCS 5/8-505.1 new)
 8        Sec.   8-505.1.    Non-emergency   vegetation  management
 9    activities.
10        (a)  In   conducting   its    non-emergency    vegetation
11    management activities, an electric public utility shall:
12             (1)  Follow the most current guidelines set forth by
13        the  International  Society of Arboriculture and the most
14        current  applicable  Occupational   Safety   and   Health
15        Administration  or  American National Standards Institute
16        standards.
17             (2)  Provide direct notice of vegetation  management
18        activities  at  least  21  days  before  beginning  those
19        activities.  If the vegetation management activities will
20        occur in an incorporated municipality, the notice must be
21        given   to  the  mayor.   If  the  vegetation  management
22        activities will occur  in  an  unincorporated  area,  the
 
                            -2-            LRB9110220JSpcam09
 1        notice must be given to the chairman of the county board.
 2        Maps  or  a  description  of  the  area to be affected by
 3        vegetation  management  activities  must  accompany   the
 4        notice.    Notification  may  be  discontinued  upon  the
 5        request of the governing  body  of  the  municipality  or
 6        county.  Requests for the termination of notices shall be
 7        in writing.
 8             (3)  Directly  notify  affected  customers  no fewer
 9        than 7 days before the activity is scheduled to begin.
10             (4)  Provide notified  customers  with  a  toll-free
11        telephone   number   to  call  regarding  the  vegetation
12        management activities.
13        The Commission shall have sole authority  to  investigate
14    and   issue   complaints   against  the  utility  under  this
15    subsection (a).
16        (b)  A public utility shall not  be  required  to  comply
17    with  the  requirements  of  paragraphs  (2), (3), and (4) of
18    subsection (a) when (i)  it  is  taking  actions  to  restore
19    reliable  service  after interruptions of service; (ii) there
20    is a franchise, contract, or written  agreement  between  the
21    public   utility  and  the  municipality  mandating  specific
22    vegetation management practices; or (iii) there is  a  mutual
23    agreement  between  the municipality or county and the public
24    utility to waive the requirements of paragraph (2),  (3),  or
25    (4) of subsection (a), to the extent of the waiver agreement.
26        (c)  If  (i) no franchise, contract, or written agreement
27    between a utility and  a  municipality  mandates  a  specific
28    vegetation  management  practice,  (ii)  no applicable tariff
29    governing non-emergency vegetation management  practices  has
30    been  approved  by the Commission, and (iii) the municipality
31    enacts an ordinance establishing standards for  non-emergency
32    vegetation  management  practices  that  are more restrictive
33    than the standards established  by  this  Section,  then  the
34    electric public utility may recover from the municipality the
 
                            -3-            LRB9110220JSpcam09
 1    difference  between the costs of complying with the standards
 2    established under the municipality's ordinance and the  costs
 3    of  complying with the standards established by this Section.
 4    Before  beginning  any  non-emergency  vegetation  management
 5    activities in a municipality that has  enacted  an  ordinance
 6    establishing  standards  for  vegetation management practices
 7    that are more restrictive than the standards  established  by
 8    this Section, an electric public utility shall provide to the
 9    municipality  a good faith estimate of the costs of complying
10    with the more restrictive municipal standards for  vegetation
11    management practices.
12        The  provisions  of  this  Section  shall  not in any way
13    diminish or replace other civil  or  administrative  remedies
14    available  to a customer or class of customers under this Act
15    nor invalidate any tariff approved or rule promulgated by the
16    Commission.

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

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