Bill Text: IA SSB1088 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to vegetation management by certain electric suppliers.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-01-28 - Subcommittee recommends amendment and passage. [SSB1088 Detail]
Download: Iowa-2021-SSB1088-Introduced.html
Senate
Study
Bill
1088
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
SCHULTZ)
A
BILL
FOR
An
Act
relating
to
vegetation
management
by
certain
electric
1
suppliers.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
564.9
Electric
suppliers
——
1
vegetation
management.
2
1.
For
purposes
of
this
section:
3
a.
“Electric
distribution
facility”
means
the
facilities
4
and
equipment
owned
and
operated
by
an
electric
supplier
that
5
are
used
to
transmit
electricity
to
ultimate
usage
points
from
6
interchanges
with
higher
voltage
transmission
networks
which
7
transport
bulk
power
over
long
distances.
8
b.
“Electric
supplier”
means
any
of
the
following:
9
(1)
A
rural
electric
cooperative
subject
to
chapter
499.
10
(2)
A
city
utility
as
defined
in
section
362.2,
subject
to
11
regulation
under
section
476.1B.
12
(3)
A
joint
facility
or
electric
power
agency
subject
to
13
chapter
390.
14
(4)
A
public
utility
with
an
assigned
area
of
service
15
pursuant
to
section
476.25.
16
c.
“Vegetation”
means
any
natural
growth
or
vegetation,
17
including
but
not
limited
to
trees,
brush,
saplings,
and
18
bushes.
19
d.
“Vegetation
management”
means
any
act
to
manage
20
vegetation,
including
but
not
limited
to
trimming,
removing,
21
spraying,
or
otherwise
controlling
the
vegetation.
22
2.
a.
An
electric
supplier
that
maintains
or
operates
23
electric
distribution
facilities
may
engage
in
vegetation
24
management
within
the
legal
description
of
a
recorded
easement
25
to
ensure
the
continued
safe
and
reliable
operation
of
the
26
electric
distribution
facilities.
However,
if
the
terms
of
27
a
recorded
easement
prescribe
limitations
on
an
electric
28
supplier’s
ability
to
engage
in
vegetation
management
within
29
the
legal
description
of
the
recorded
easement,
the
terms
of
30
the
recorded
easement
shall
control.
31
b.
In
the
absence
of
a
recorded
easement,
an
electric
32
supplier
may
engage
in
vegetation
management
as
follows:
33
(1)
For
electric
distribution
lines
capable
of
operating
at
34
thirty-seven
kilovolts
or
less
and
located
within
the
limits
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of
a
city,
within
ten
feet,
plus
one-half
of
the
length
of
any
1
attached
cross
arm,
of
either
side
of
the
centerline.
2
(2)
For
electric
distribution
lines
capable
of
operating
at
3
thirty-seven
kilovolts
or
less
and
located
outside
the
limits
4
of
a
city,
within
thirty
feet,
plus
one-half
of
the
length
of
5
any
attached
cross
arm,
of
either
side
of
the
centerline.
6
c.
Vegetation
management
undertaken
pursuant
to
paragraph
7
“b”
shall
be
considered
reasonable
and
necessary
for
the
8
continued
safe
and
reliable
operation
of
the
electric
9
supplier’s
electric
distribution
lines
and
shall
create
a
10
rebuttable
presumption,
in
claims
for
property
damage,
that
11
the
electric
supplier
acted
with
reasonable
care,
operated
12
within
its
rights
regarding
the
maintenance
and
operation
of
13
the
electric
distribution
lines,
and
did
not
commit
trespass.
14
3.
Notwithstanding
subsection
2,
an
electric
supplier
15
may
engage
in
vegetation
management
beyond
the
activities
16
authorized
under
subsection
2
in
the
following
circumstances:
17
a.
The
electric
supplier
is
granted
permission
from
the
18
owner
of
the
real
property
on
which
the
electric
distribution
19
facilities
are
located
to
engage
in
vegetation
management
20
beyond
the
activities
authorized
under
subsection
2.
21
b.
The
electric
supplier
is
granted
a
recorded
easement
22
that
prescribes
greater
rights
regarding
vegetation
management
23
beyond
those
granted
in
subsection
2.
24
c.
The
electric
supplier
deems
that
vegetation
threatens
25
the
integrity
and
safety
of
the
electric
supplier’s
electric
26
distribution
facilities
and
vegetation
management
beyond
27
the
activities
authorized
under
subsection
2
is
necessary
28
to
maintain
the
continued
safe
and
reliable
operation
of
29
the
electric
distribution
facilities.
Prior
to
undertaking
30
vegetation
management
pursuant
to
this
paragraph,
the
31
electric
supplier
shall
notify
the
owner
of
the
real
property
32
on
which
the
vegetation
is
located
at
least
fourteen
days
33
before
the
vegetation
management
occurs,
unless
the
electric
34
supplier
deems
that
immediate
action
is
necessary
to
ensure
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the
continued
safe
and
reliable
operation
of
the
electric
1
distribution
facilities,
or
the
action
is
in
response
to
a
2
major
weather
event
or
other
emergency
situation.
3
4.
An
electric
supplier
that
engages
in
vegetation
4
management
pursuant
to
this
section
shall
not
be
liable
for
5
treble
damages
under
section
658.4.
6
5.
This
section
shall
not
be
interpreted
to
require
an
7
electric
supplier
to
exercise
any
rights
provided
in
this
8
section.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
establishes
new
Code
section
564.9,
relating
13
to
the
ability
of
certain
electric
suppliers
to
engage
in
14
vegetation
management
under
specified
circumstances.
15
“Electric
distribution
facility”
is
defined
as
the
16
equipment
owned
and
operated
by
an
electric
supplier
that
17
is
used
to
transmit
electricity
to
ultimate
usage
points
18
from
interchanges
with
higher
voltage
transmission
networks.
19
“Electric
supplier”
is
defined
as
a
rural
electric
cooperative,
20
a
city
utility,
a
joint
facility
or
electric
power
agency,
or
a
21
public
utility
with
an
assigned
area
of
service.
“Vegetation”
22
is
defined
as
any
natural
growth
or
vegetation,
including
but
23
not
limited
to
trees,
brush,
saplings,
and
bushes.
“Vegetation
24
management”
is
defined
as
any
act
to
manage
vegetation,
25
including
but
not
limited
to
trimming,
removing,
spraying,
and
26
controlling
the
vegetation.
27
The
bill
provides
that
an
electric
supplier
that
maintains
28
or
operates
electric
distribution
facilities
may
engage
29
in
vegetation
management
within
the
legal
description
of
a
30
recorded
easement
to
ensure
the
continued
safe
operation
of
31
the
facilities.
However,
if
the
recorded
easement
limits
the
32
electric
supplier’s
ability
to
do
so,
the
recorded
easement
33
controls.
34
The
bill
allows
an
electric
supplier
to
engage
in
vegetation
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management
in
the
absence
of
a
recorded
easement
in
certain
1
areas
and
locations,
as
specified
in
the
bill.
The
bill
2
provides
that
such
actions
shall
be
considered
reasonable
and
3
necessary
for
the
continued
safe
and
reliable
operation
of
4
the
electric
distribution
lines
and
shall
create
a
rebuttable
5
presumption
that
the
electric
supplier
acted
with
reasonable
6
care,
operated
within
its
rights,
and
did
not
commit
trespass.
7
The
bill
provides
that
an
electric
supplier
may
engage
in
8
vegetation
management
beyond
the
activities
authorized
under
9
the
bill
if
the
electric
supplier
is
granted
permission
from
10
the
landowner
on
which
the
electric
distribution
facilities
are
11
located
to
do
so,
the
electric
supplier
is
granted
a
recorded
12
easement
that
prescribes
greater
rights,
or
the
electric
13
supplier
deems
that
such
action
is
necessary
to
maintain
14
the
continued
safe
and
reliable
operation
of
the
electric
15
distribution
facilities,
provided
that
the
electric
supplier
16
notify
the
landowner
at
least
14
days
in
advance,
unless
the
17
electric
supplier
deems
that
immediate
action
is
needed
or
if
18
the
action
is
in
response
to
a
major
weather
event
or
other
19
emergency
situation.
20
The
bill
provides
that
an
electric
supplier
that
engages
in
21
vegetation
management
pursuant
to
the
bill
shall
not
be
liable
22
for
treble
damages
for
injury
to
trees
under
Code
section
23
658.4.
24
The
bill
provides
that
it
shall
not
be
interpreted
to
require
25
an
electric
supplier
to
exercise
any
rights
provided
in
the
26
bill.
27
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