State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 002 ]


92_HB1776ham001

 










                                           LRB9203173JSfgam01

 1                    AMENDMENT TO HOUSE BILL 1776

 2        AMENDMENT NO.     .  Amend House Bill 1776  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Public  Utilities  Act  is  amended by
 5    changing 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),
10    in   conducting   its   non-emergency  vegetation  management
11    activities, an electric public utility shall:
12             (1)  Follow  the  most   current   tree   care   and
13        maintenance  standard  practices  guidelines set forth in
14        ANSI A300 published by the  American  National  Standards
15        Institute  International Society of Arboriculture and the
16        most current applicable Occupational  Safety  and  Health
17        Administration  regulations  regarding  worker  safety or
18        American National Standards Institute standards.
19             (2)  Provide direct notice of vegetation  management
20        activities no less than at least 21 days nor more than 90
21        days   before   the   activities  begin  beginning  those
22        activities.
 
                            -2-            LRB9203173JSfgam01
 1                  (A)  If the  vegetation  management  activities
 2             will  occur  in  an  incorporated  municipality, the
 3             notice must be given to the  mayor  or  his  or  her
 4             designee.
 5                  (B)  If  the  vegetation  management activities
 6             will occur in an  unincorporated  area,  the  notice
 7             must be given to the chairman of the county board or
 8             his or her designee.
 9                  (C)  Affected   customers   shall  be  notified
10             directly.
11                  (D)  Affected property owners shall be notified
12             by a published notice in a newspaper  or  newspapers
13             in general circulation and widely distributed within
14             the  entire  area in which the vegetation management
15             activities noticed will occur.
16                  (E)  Circuit maps or a  description  by  common
17             address  of  the  area  to be affected by vegetation
18             management activities must accompany any the  notice
19             to  a  mayor or his or her designee or to a chairman
20             of a county board or his or her designee.
21                  Notification  may  be  discontinued  upon   the
22             request of the governing body of the municipality or
23             county.   Requests  for  the  termination of notices
24             shall be in writing.
25             (3)  Directly notify  affected  customers  no  fewer
26        than 7 days before the activity is scheduled to begin.
27             (3)  (4)  The  electric  public  utility  giving the
28        direct  and  published  notices  required  in  subsection
29        (a)(2) shall  provide  notified  customers  and  property
30        owners  with (i) a statement of the vegetation management
31        activities planned, (ii) the address of a website  and  a
32        toll-free  telephone number at which a written disclosure
33        of all dispute resolution  opportunities  and  processes,
34        rights,  and  remedies  provided  by  the electric public
 
                            -3-            LRB9203173JSfgam01
 1        utility may be  obtained,  (iii)  a  statement  that  the
 2        customer  and  the  property owner may appeal the planned
 3        vegetation management  activities  through  the  electric
 4        public utility and the Illinois Commerce Commission, (iv)
 5        a  toll-free telephone number through which communication
 6        may be had with a representative of the  electric  public
 7        utility  to  call  regarding  the  vegetation  management
 8        activities,  and (v) the telephone number of the Consumer
 9        Affairs Officer of the Illinois Commerce Commission.  The
10        notice shall also include a statement that  circuit  maps
11        and  common  addresses  of the area to be affected by the
12        vegetation management activities are  on  file  with  the
13        office of the mayor of an affected municipality or his or
14        her  designee and the office of the county board chairman
15        of an affected county or his or her designee.
16        The Commission shall have sole authority to  investigate,
17    and issue, and hear complaints against the utility under this
18    subsection (a).
19        (b)  A  public  utility  shall  not be required to comply
20    with the requirements of subsection (d) or of paragraphs (2),
21    and (3), and (4) of subsection (a)  when  (i)  it  is  taking
22    actions  directly related to an emergency to restore reliable
23    service after interruptions of service.; (ii)
24        (c)  A public utility shall not  be  required  to  comply
25    with  the  requirements  of  subsection  (d)  if  there  is a
26    franchise, contract, or written agreement between the  public
27    utility  and  the  municipality  or county mandating specific
28    vegetation management practices.  If the franchise, contract,
29    or written agreement  between  the  public  utility  and  the
30    municipality or county establishes requirements for notice to
31    the  municipality,  county,  customers,  and property owners,
32    those notice  requirements  shall  control  over  the  notice
33    requirements of paragraphs (2) and (3) of subsection (a).  If
34    the  franchise,  contract,  or  written agreement between the
 
                            -4-            LRB9203173JSfgam01
 1    public utility  and  the  municipality  or  county  does  not
 2    establish   notice   requirements,  the  notice  requirements
 3    contained in paragraphs (2) and (3) of subsection  (a)  shall
 4    control;  or  (iii)  there  is a mutual agreement between the
 5    municipality or county and the public utility  to  waive  the
 6    requirements of paragraph (2), (3), or (4) of subsection (a),
 7    to the extent of the waiver agreement.
 8        (d) (c)  If   (i)  no  franchise,  contract,  or  written
 9    agreement between a utility and  a  municipality  mandates  a
10    specific  vegetation  management practice, (ii) no applicable
11    tariff   governing   non-emergency   vegetation    management
12    practices  has been approved by the Commission, and (iii) the
13    municipality enacts an ordinance establishing  standards  for
14    non-emergency   vegetation   management  practices  that  are
15    contrary to more restrictive than the  standards  established
16    by  this  Section and the vegetation management activities of
17    the electric public utility cost  substantially  more,  as  a
18    direct  consequence,  then  the  electric public utility may,
19    before vegetation management activities begin, apply  to  the
20    municipality  for  an  agreement  to  pay the additional cost
21    recover from the  municipality  the  difference  between  the
22    costs  of  complying with the standards established under the
23    municipality's ordinance and the costs of complying with  the
24    standards  established by this Section.  Before beginning any
25    non-emergency   vegetation   management   activities   in   a
26    municipality  that  has  enacted  an  ordinance  establishing
27    standards for vegetation management practices that  are  more
28    restrictive  than  the standards established by this Section,
29    an electric public utility shall provide to the  municipality
30    a good faith estimate of the costs of complying with the more
31    restrictive  municipal  standards  for  vegetation management
32    practices.  When an application for an agreement is  made  to
33    the  municipality,  no vegetation management activities shall
34    begin until the municipality responds to the  application  by
 
                            -5-            LRB9203173JSfgam01
 1    agreement  or rejection or dispute resolution proceedings are
 2    completed.  The application shall be supported by a  detailed
 3    specification   of   the  difference  between  the  standards
 4    established  by  this  Section  and  the  contrary  standards
 5    established by the municipal ordinances and by a  good  faith
 6    bid  or  proposal  obtained  from  a  utility  contractor  or
 7    contractors  quantifying  the  additional cost for performing
 8    the  specification.    When  the  municipality  receives  the
 9    specification and the utility contractor's bid  or  proposal,
10    the  municipality  shall  agree,  reject, or initiate dispute
11    resolution proceedings regarding the  application  within  90
12    days  after  the  application's receipt.  If the municipality
13    does not act within 90 days or informs the  utility  that  it
14    will  not  agree, the electric public utility may proceed and
15    need not comply with the contrary ordinance  standard.   When
16    there  is  a  dispute  regarding  (i)  the  accuracy  of  the
17    specification,  (ii)  whether  there  is  a conflict with the
18    standards established by this Section, or (iii) any aspect of
19    the bid or proposal process, the Illinois Commerce Commission
20    shall hear and resolve the disputed matter or  matters,  with
21    the  electric  public  utility having the burden of proof.  A
22    municipality may have a  person  trained  in  tree  care  and
23    maintenance generally monitor and discuss with the vegetation
24    management  supervisory  personnel  of  the  electric  public
25    utility  the  performance  of the public utility's vegetation
26    management activities without any claim for  costs  hereunder
27    by the public utility arising therefrom.
28        The  provisions  of  this  Section  shall  not in any way
29    diminish or replace other civil  or  administrative  remedies
30    available  to  a customer or class of customers or a property
31    owner  or  class  of  property  owners  under  this  Act  nor
32    invalidate any tariff approved or  rule  promulgated  by  the
33    Commission.   This Section does not alter the jurisdiction of
34    the Illinois Commerce Commission  in  any  manner  except  to
 
                            -6-            LRB9203173JSfgam01
 1    obligate  the  Commission  to  investigate,  issue,  and hear
 2    complaints against an electric public utility as provided  in
 3    subsection  (a)(3)  and  to hear and resolve disputed matters
 4    brought to it as provided  in  this  subsection.   Vegetation
 5    management activities by an electric public utility shall not
 6    alter,  trespass  upon,  or  limit the rights of any property
 7    owner.
 8    (Source: P.A. 91-902, eff. 7-6-00.)

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

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