HB3884 97TH GENERAL ASSEMBLY

LRB097 14621 CEL 59496 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3884

Introduced 11/21/2011, by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

New Act

Creates the Overhead Utility Facilities Damage Prevention Act. Provides that it shall be unlawful for any person to plant restricted vegetation within 20 feet of an electric utility pole or overhead electrical conductor located within the State. Provides that any restricted vegetation planted, whether by a person or by natural means, within 20 feet of an electric utility pole or overhead electrical conductor located within the State shall be subject to removal. Provides that any person who sells restricted vegetation within this State shall affix a label to each piece of restricted vegetation identifying it as restricted vegetation. Permits the Illinois Commerce Commission to adopt rules concerning the removal of restricted vegetation. Provides that it shall be unlawful for any person to interfere with an electric utility while performing vegetation management and removal activities. Also creates provisions concerning findings, definitions, and Commission enforcement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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 sale and planting of 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:

"Commission" means the Illinois Commerce Commission.

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

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

Section 15. Restricted vegetation. It shall be unlawful for any person to plant restricted vegetation within 20 feet of an electric utility pole or overhead electrical conductor located within the State. Any restricted vegetation planted, whether by a person or by natural means, within 20 feet of an electric utility pole or overhead electrical conductor 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. Labeling of restricted vegetation. Any person who sells restricted vegetation within this State shall affix a label to each piece of restricted vegetation that provides the following notice:

"It is unlawful for a person to plant this vegetation within 20 feet of an electric utility pole or overhead electrical conductor located within Illinois. Violators may be subject to the removal of the restricted 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 60 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 restricted 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 restricted vegetation without replacement;

(2) an electric utility's removal of restricted vegetation planted prior to the effective date of this amendatory Act of the 97th General Assembly; and

(3) an electric utility's removal of restricted vegetation planted by natural means both before and after the effective date of this amendatory Act of the 97th General Assembly.

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 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. The Commission may adopt rules and develop enforcement policies in the manner provided by the Public Utilities Act in order to implement compliance with this Act.

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