Bill Text: FL S0574 | 2018 | Regular Session | Comm Sub
Bill Title: Tree and Vegetation Trimming and Removal
Spectrum: Bipartisan Bill
Status: (Failed) 2018-03-10 - Died in Environmental Preservation and Conservation [S0574 Detail]
Download: Florida-2018-S0574-Comm_Sub.html
Florida Senate - 2018 CS for SB 574 By the Committee on Community Affairs; and Senator Steube 578-03174-18 2018574c1 1 A bill to be entitled 2 An act relating to tree and vegetation trimming and 3 removal; amending s. 163.3209, F.S.; providing 4 legislative findings; providing that local governments 5 are liable for electric utility restoration costs 6 under certain conditions; specifying a time limit for 7 an electric utility to invoice a local government for 8 such costs; specifying a burden of proof; deleting a 9 requirement that an electric utility must meet with a 10 local government upon request to discuss and submit 11 the utility’s vegetation maintenance plan; deleting a 12 provision regarding applicability to specimen trees, 13 historical trees, or canopy protection areas; 14 providing applicability when a local government and an 15 electric utility agree on a written plan for certain 16 specified purposes; creating s. 589.37, F.S.; 17 providing legislative findings; prohibiting local 18 governments from requiring permits or other approvals 19 for vegetation maintenance and tree pruning or 20 trimming within an established right-of-way managed by 21 a water management district, water control district, 22 or special district exercising chapter 298 powers; 23 defining the term “vegetation maintenance and tree 24 pruning or trimming”; specifying an exception; 25 requiring water management districts, water control 26 districts, and special districts exercising chapter 27 298 powers to provide certain advance notice before 28 conducting vegetation maintenance under certain 29 conditions; providing applicability; prohibiting the 30 application of certain tree-related local regulations 31 during emergencies; providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Section 163.3209, Florida Statutes, is amended 36 to read: 37 163.3209 Electric transmission and distribution line right 38 of-way maintenance.— 39 (1) The Legislature finds that the uncontrolled growth of 40 trees and vegetation within electric transmission and 41 distribution rights-of-way may compromise the function of 42 electric facilities, leading to extended electrical outages and 43 adversely impacting public health and safety. 44 (2) After a right-of-way for any electric transmission or 45 distribution line has been established and constructed, ano46 local government may notshallrequire or apply any permits or 47 other approvals or code provisions for or related to vegetation 48 maintenance and tree pruning or trimming within the established 49 right-of-way. The term “vegetation maintenance and tree pruning 50 or trimming” means the mowing of vegetation within the right-of 51 way, removal of trees or brush within the right-of-way, and 52 selective removal of tree branches that extend within the right 53 of-way. The requirementsprovisionsof this section do not apply 54 toincludethe removal of trees outside the right-of-way, which 55 may be allowed in compliance with applicable local vegetation 56 plans, ordinances, or practices. However, if an electric utility 57 provides written notice to a local government that its local 58 vegetation management plan, ordinances, or practices may 59 adversely impact electric reliability by allowing trees or other 60 vegetation to be planted where, at mature height or width, the 61 trees or other vegetation may conflict with electric facilities 62 in either normal or inclement weather, the local government is 63 liable to the electric utility for all reasonable restoration 64 costs thereafter incurred by the electric utility attributable 65 to damages or electrical outages caused by such trees or other 66 vegetation. An electric utility must invoice the local 67 government for all such restoration costs within 120 days after 68 any event of loss. In any civil action by an electric utility 69 against a local government to recover such damages, the burden 70 of proof shifts to the local government to demonstrate that the 71 damages are not attributable to the trees or other vegetation or 72 that the damages are otherwise in amounts less than those 73 claimed by the electric utilityordinances. 74 (3) BeforePrior toconducting scheduled routine vegetation 75 maintenance and tree pruning or trimming activities within an 76 established right-of-way, the electric utility mustshall77 provide the official designated by the local government with a 78 minimum of 5 business days’ advance notice. Such advance notice 79 is not required for vegetation maintenance and tree pruning or 80 trimming required to restore electric service or to avoid an 81 imminent vegetation-caused outage or when performed at the 82 request of the property owner adjacent to the right-of-way, 83 provided that the owner has approval of the local government, if 84 needed.Upon the request of the local government, the electric85utility shall meet with the local government to discuss and86submit the utility’s vegetation maintenance plan, including the87utility’s trimming specifications and maintenance practices.88 (4) Vegetation maintenance and tree pruning or trimming 89 conducted by utilities mustshallconform to ANSI A300 (Part I) 90 2001 pruning standards and ANSI Z133.1-2000 Pruning, Repairing, 91 Maintaining, and Removing Trees, and Cutting Brush—Safety 92 Requirements. Vegetation maintenance and tree pruning or 93 trimming conducted by utilities must be supervised by qualified 94 electric utility personnel or licensed contractors trained to 95 conduct vegetation maintenance and tree trimming or pruning 96 consistent with this section or by Certified Arborists certified 97 by the Certification Program of the International Society of 98 Arboriculture. A local government mayshallnot adopt an 99 ordinance or land development regulation that requires the 100 planting of a tree or other vegetation that will achieve a 101 height greater than 14 feet in an established electric utility 102 right-of-way or intrude from the side closer than the clearance 103 distance specified in Table 2 of ANSI Z133.1-2000 for lines 104 affected by the North American Electric Reliability Council 105 Standard, FAC 003.1 requirement R1.2. 106 (5) This section does not supersede or nullify the terms of 107 specific franchise agreements between an electric utility and a 108 local government and mayshallnot be construed to limit a local 109 government’s franchising authority.This section does not110supersede local government ordinances or regulations governing111planting, pruning, trimming, or removal of specimen trees or112historical trees, as defined in a local government’s ordinances113or regulations, or trees within designated canopied protection114areas.115 (6) This section doesshallnot apply if a local government 116 and an electricdevelops, with input from theutility agree on,117and the localgovernment adopts,a written plan specifically for 118 vegetation maintenance, tree pruning, tree removal, and tree 119 trimming by the utility within the local government’s 120 established rights-of-way and the plan is not inconsistent with 121 the minimum requirements of the National Electrical Safety Code 122 as adopted by the Public Service Commission; provided, however, 123 such a plan shall not require the planting of a tree or other 124 vegetation that will achieve a height greater than 14 feet in an 125 established electric right-of-way. Vegetation maintenance costs 126 shall be considered recoverable costs. 127 Section 2. Section 589.37, Florida Statutes, is created to 128 read: 129 589.37 Tree and vegetation maintenance within established 130 flood and drainage rights-of-way.— 131 (1) The legislature finds that water management districts, 132 water control districts, and special districts authorized to 133 exercise powers under chapter 298 establish and manage public 134 rights-of-way for the purpose of flood protection and drainage 135 control. Uncontrolled growth of trees and vegetation within 136 rights-of-way established for these purposes may compromise the 137 function of such rights-of-way and, left unaddressed, may 138 adversely impact public health and safety and may adversely 139 affect other adjacent jurisdictions. 140 (2) After a right-of-way for flood protection or drainage 141 control has been established and constructed by a water 142 management district, a water control district, or a special 143 district authorized to exercise powers under chapter 298, a 144 local government may not require any permits or other approvals 145 for vegetation maintenance and tree pruning or trimming within 146 the established right-of-way. The term “vegetation maintenance 147 and tree pruning or trimming” means the mowing of vegetation 148 within the right-of-way, removal of trees or brush within the 149 right-of-way, and selective removal of tree branches that extend 150 within the right-of-way. The provisions of this section do not 151 include the removal of trees or vegetation outside the right-of 152 way, which may be authorized in accordance with applicable local 153 ordinances. 154 (3) Before conducting scheduled routine vegetation and tree 155 maintenance activities within an established right-of-way, a 156 water management district, water control district, or special 157 district authorized to exercise powers under chapter 298 must 158 provide the official designated by the local government with a 159 minimum of 5 business days’ advance notice. Such advance notice 160 is not required when maintenance is necessary to avoid imminent 161 threat to public safety. 162 (4) This section does not limit the licensing and 163 regulation by local governments of persons engaged in vegetation 164 maintenance and tree pruning or trimming. 165 (5) This section does not prohibit a water management 166 district, water control district, or special district authorized 167 to exercise powers under chapter 298 from entering into 168 agreements with local governments to perform maintenance 169 services for the water management district, water control 170 district, or special district authorized to exercise powers 171 under chapter 298. 172 (6) This section does not prohibit a local government with 173 delegated authority from the Department of Environmental 174 Protection from implementing a mangrove regulatory program 175 pursuant to s. 403.9324. 176 (7) This section does not apply to the exercise of 177 specifically delegated authority for mangrove protection 178 pursuant to ss. 403.9321-403.9333. 179 (8) Local government regulations regarding the maintenance, 180 pruning, or removal of trees or vegetation may not apply to such 181 activities conducted at a single-family home, in an area zoned 182 for residential use, during an emergency declared pursuant to s. 183 252.36. 184 Section 3. This act shall take effect July 1, 2018.