Bill Text: IN SB0183 | 2011 | Regular Session | Amended
Bill Title: Vegetation management by utilities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-01-25 - Senator Breaux added as first author [SB0183 Detail]
Download: Indiana-2011-SB0183-Amended.html
Citations Affected: IC 8-1; IC 8-20; IC 27-7; noncode.
Synopsis: Vegetation management by utilities. Requires electric
utilities to follow certain guidelines when performing vegetation
management. Requires a title insurance company to disclose to a
purchaser of residential property any restrictions, including easements
or rights-of-way, on the purchaser's use of the property.
Effective: Upon passage; July 1, 2011.
January 5, 2011, read first time and referred to Committee on Rules and Legislative
Procedure.
January 25, 2011, amended; reassigned to Committee on Utilities and Technology.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
(1) extension of service;
(2) extension of credit;
(3) deposits, including interest thereon;
(4) billing procedures;
(5) termination of service;
(6) complaints; and
(7) information and notice to customers of their rights under the rules.
(b) Notwithstanding IC 8-1-2-54, the commission may investigate and enter orders on complaints filed by individual customers arising under this section or IC 8-1-38. The commission may establish an
appeals division to act on its own behalf regarding individual customer
complaints. The decision of the division shall be binding on all parties
to the complaint. The commission shall review decisions of the appeals
division upon timely request by an affected party.
(c) This section does not invalidate any rule or regulation adopted
by the commission before July 1, 1979, to govern the relations between
public utilities and their consumers if the rule or regulation is
consistent with this section.
Chapter 38. Electric Utility Vegetation Management Practices
Sec. 1. (a) As used in this chapter, "affected property owner" means the record owner of real property on which a utility plans to perform vegetation management.
(b) The term does not include a property owner that is a governmental unit.
Sec. 2. As used in this chapter, "utility" refers to any of the following:
(1) A public utility (as defined in IC 8-1-2-1(a)).
(2) A municipally owned utility (as defined in IC 8-1-2-1(h)).
(3) A corporation organized under IC 8-1-13.
(4) A corporation organized under IC 23-17 that:
(A) is an electric cooperative; and
(B) has at least one (1) member that is a corporation organized under IC 8-1-13.
Sec. 3. As used in this chapter, "vegetation management" means:
(1) the trimming or pruning of one (1) or more trees; or
(2) the cutting down and removal of one (1) or more trees.
Sec. 4. In performing any vegetation management, a utility shall follow:
(1) the American National Standards Institute (ANSI) A300 standards for tree care and maintenance; and
(2) the most current applicable worker safety regulations of the United States Occupational Safety and Health Administration.
Sec. 5. (a) Except as provided in section 6 of this chapter, and subject to subsection (d), a utility shall provide direct written notice to the following not more than ninety (90) days before and not less than twenty-one (21) days before performing vegetation management:
(1) If the vegetation management will be performed in a municipality, the executive officer of the municipality.
(2) If the vegetation management will be performed in an unincorporated area, the executive officer of the county in which the unincorporated area is located.
(3) Each affected property owner.
(b) Direct written notice provided under subsection (a) must include the following:
(1) For notice provided under subsection (a)(1) or (a)(2), a topographical map or legal description of the area in which the planned vegetation management will be performed.
(2) For notice provided under subsection (a)(3), a statement that copies of the topographical maps or legal descriptions required under subdivision (1) are on file with the executive officer of the county or municipality, as applicable.
(3) A description of the planned vegetation management.
(4) A web site address and a toll free telephone number at which an affected property owner may obtain a written disclosure of all rights, dispute resolution procedures, and other remedies provided by the utility and related to the planned vegetation management.
(5) A statement that an affected property owner may file a complaint about the planned vegetation management activities with the commission.
(6) A toll free telephone number at which an affected property owner may speak directly with a utility representative about the planned vegetation management activities.
(7) Telephone numbers for the commission and the office of utility consumer counselor.
(c) The utility shall publish notice of planned vegetation management as follows:
(1) For vegetation management that will be performed in a municipality, in a newspaper of general circulation published in the municipality.
(2) For vegetation management that will be performed in an unincorporated area, in a newspaper of general circulation published in the county in which the unincorporated area is located.
(d) A utility is not required to provide notice under this section if:
(1) the utility has entered into a written agreement with a county or municipality, as applicable, concerning standards
for vegetation management performed within the county or
municipality, as applicable; and
(2) the written agreement establishes direct written and
published notice requirements to affected property owners
and the appropriate executive officer.
Sec. 6. (a) For purposes of subsection (b), an emergency includes
the following:
(1) Fallen trees.
(2) Trees causing power outages.
(3) Trees on fire due to contact with overhead lines.
(4) Other hazards with potential to cause damage to or harm
the public or property.
(b) A utility is exempt from the requirements of section 5 of this
chapter if:
(1) in response to an emergency, the commission acts under
IC 8-1-2-113 to temporarily alter, suspend, or amend any
rules adopted by the commission under this chapter; or
(2) the utility determines that an emergency exists that
requires the utility to undertake immediate action that
includes vegetation management in order to:
(A) prevent endangerment to life or property; or
(B) ensure the safety, reliability, or power quality of the
utility's electric distribution system;
subject to verification by the commission.
Sec. 7. (a) As used in this section, "unit" has the meaning set
forth in IC 36-1-2-23.
(b) A unit may:
(1) adopt ordinances that do not conflict with this chapter;
and
(2) establish a board to address, or designate to an existing
board, the issue of vegetation management by utilities within
the unit.
A decision issued by a board described in subdivision (2) is
appealable to the commission and shall be heard under
IC 8-1-2-34.5(b).
(c) If a utility that performs vegetation management incurs costs
in complying with an ordinance adopted by a unit under subsection
(b)(1) that are greater than any costs the utility would have
incurred in complying only with the requirement of this chapter,
the utility may seek to recover the difference in costs from the unit
by filing an application with the unit in the form prescribed by the
unit. The utility may not perform additional nonemergency
vegetation management in the unit until the unit has approved,
modified, or denied the application. The utility may appeal the
modification or denial of an application to the commission. An
appeal under this subsection shall be heard under IC 8-1-2-34.5(b).
Sec. 8. (a) An affected property owner or a utility may file a
complaint with the commission to investigate and resolve a dispute
arising under this chapter, including a dispute related to the
utility's entry onto property to which the utility does not possess an
easement to perform vegetation management. The commission
shall conduct a hearing under IC 8-1-2-34.5(b).
(b) A party may seek review by the commission of a decision
issued by the appeals division under IC 8-1-2-34.5(b) for a
complaint filed under this section. A decision by the commission
under this subsection is final.
(c) If the commission determines that a party has acted in bad
faith or otherwise failed to comply with this chapter, the
commission may do the following:
(1) Fine the party in an amount not to exceed one million
dollars ($1,000,000) per incident.
(2) Award damages to the other party. Damages awarded
under this subdivision for damage to or destruction of
property must be based on the fair market value of the
property.
(d) The commission shall stay any vegetation management that
is the subject of a complaint filed under this section during the
pendency of the complaint.
Sec. 9. The commission may adopt rules under IC 4-22-2 to
implement this chapter.
adjoining land.
(b) The commission may adopt any rules necessary to implement IC 8-1-38, as added by this act, in the same manner as emergency rules are adopted under IC 4-22-2-37.1. Any rules adopted under this SECTION must be adopted not later than September 1, 2010. A rule adopted under this SECTION expires on the earlier of the following:
(1) The date a final rule is adopted by the commission under IC 4-22-2.
(2) January 1, 2013.
(c) This SECTION expires January 1, 2013.