Bill Amendment: FL S0574 | 2018 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Tree and Vegetation Trimming and Removal
Status: 2018-03-10 - Died in Environmental Preservation and Conservation [S0574 Detail]
Download: Florida-2018-S0574-Senate_Committee_Amendment_132156.html
Bill Title: Tree and Vegetation Trimming and Removal
Status: 2018-03-10 - Died in Environmental Preservation and Conservation [S0574 Detail]
Download: Florida-2018-S0574-Senate_Committee_Amendment_132156.html
Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 574 Ì132156#Î132156 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Steube) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 163.3209, Florida Statutes, is amended 6 to read: 7 163.3209 Electric transmission and distribution line right 8 of-way maintenance.—After a right-of-way for any electric 9 transmission or distribution line has been established and 10 constructed, no local government shall require or apply any 11 permits or other approvals or code provisions for or related to 12 vegetation maintenance and tree pruning or trimming within the 13 established right-of-way. The term “vegetation maintenance and 14 tree pruning or trimming” means the mowing of vegetation within 15 the right-of-way, removal of trees or brush within the right-of 16 way, and selective removal of tree branches that extend within 17 the right-of-way. The provisions of this section do not include 18 the removal of trees outside the right-of-way, which may be 19 allowed in compliance with applicable local ordinances. Prior to 20 conducting scheduled routine vegetation maintenance and tree 21 pruning or trimming activities within an established right-of 22 way, the utility shall provide the official designated by the 23 local government with a minimum of 5 business days’ advance 24 notice. Such advance notice is not required for vegetation 25 maintenance and tree pruning or trimming required to restore 26 electric service or to avoid an imminent vegetation-caused 27 outage or when performed at the request of the property owner 28 adjacent to the right-of-way, provided that the owner has 29 approval of the local government, if needed. Upon the request of 30 the local government, the electric utility shall meet with the 31 local government to discuss and submit the utility’s vegetation 32 maintenance plan, including the utility’s trimming 33 specifications and maintenance practices. Vegetation maintenance 34 and tree pruning or trimming conducted by utilities shall 35 conform to ANSI A300 (Part I)—2001 pruning standards and ANSI 36 Z133.1-2000 Pruning, Repairing, Maintaining, and Removing Trees, 37 and Cutting Brush—Safety Requirements. Vegetation maintenance 38 and tree pruning or trimming conducted by utilities must be 39 supervised by qualified electric utility personnel or licensed 40 contractors trained to conduct vegetation maintenance and tree 41 trimming or pruning consistent with this section or by Certified 42 Arborists certified by the Certification Program of the 43 International Society of Arboriculture. A local government shall 44 not adopt an ordinance or land development regulation that 45 requires the planting of a tree or other vegetation that will 46 achieve a height greater than 14 feet in an established electric 47 utility right-of-way or intrude from the side closer than the 48 clearance distance specified in Table 2 of ANSI Z133.1-2000 for 49 lines affected by the North American Electric Reliability 50 Council Standard, FAC 003.1 requirement R1.2. This section does 51 not supersede or nullify the terms of specific franchise 52 agreements between an electric utility and a local government 53 and shall not be construed to limit a local government’s 54 franchising authority.This section does not supersede local55government ordinances or regulations governing planting,56pruning, trimming, or removal of specimen trees or historical57trees, as defined in a local government’s ordinances or58regulations, or trees within designated canopied protection59areas. This section shall not apply if a local government60develops, with input from the utility, and the local government61adopts, a written plan specifically for vegetation maintenance,62tree pruning, tree removal, and tree trimming by the utility63within the local government’s established rights-of-way and the64plan is not inconsistent with the minimum requirements of the65National Electrical Safety Code as adopted by the Public Service66Commission; provided, however, such a plan shall not require the67planting of a tree or other vegetation that will achieve a68height greater than 14 feet in an established electric right-of69way. Vegetation maintenance costs areshall beconsidered 70 recoverable costs. 71 Section 2. Section 589.37, Florida Statutes, is created to 72 read: 73 589.37 Regulation of tree, timber, and vegetation trimming 74 and removal performed by certain governmental entities 75 prohibited.— 76 (1) The Legislature finds that uncontrolled growth of trees 77 or vegetation within rights-of-way owned or managed by the 78 state, water management districts, water control districts, 79 neighborhood improvement districts, independent special 80 districts, or community development districts interferes with 81 the operation and maintenance of flood protection and drainage 82 infrastructure, including, but not limited to, canals, which are 83 critical to the protection of the health, safety, and general 84 welfare of the public. 85 (2) Where the state or a water management district, a water 86 control district created under chapter 298, a neighborhood 87 improvement district created under chapter 163, an independent 88 special district, or a community development district created 89 under chapter 190, has a duty to maintain any rights-of-way, a 90 municipality, county, or other political subdivision of the 91 state may not prohibit, restrict, or condition, or require a 92 permit, fee, or mitigation for, the trimming or removal of 93 trees, timber, or vegetation. 94 (3) This section does not prohibit the licensing and 95 regulation by municipalities or counties of persons engaged in 96 tree, timber, or vegetation trimming or removal. 97 Section 3. This act shall take effect July 1, 2018. 98 99 ================= T I T L E A M E N D M E N T ================ 100 And the title is amended as follows: 101 Delete everything before the enacting clause 102 and insert: 103 A bill to be entitled 104 An act relating to tree, timber, and vegetation 105 trimming and removal; amending s. 163.3209, F.S.; 106 revising applicability of a provision relating to 107 vegetation maintenance and tree pruning or trimming 108 within an established electric transmission and 109 distribution line right-of-way; creating s. 589.37, 110 F.S.; providing legislative findings; prohibiting the 111 regulation of tree, timber, and vegetation trimming 112 and removal performed by certain governmental entities 113 under certain circumstances; providing applicability; 114 providing an effective date.