State of Illinois
91st General Assembly
Legislation

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[ House Amendment 003 ][ Senate Amendment 001 ]

91_SB1541enr

 
SB1541 Enrolled                                LRB9110220JSgc

 1        AN  ACT  to  amend  the  Public  Utilities  Act by adding
 2    Section 8-505.1.

 3        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Public Utilities Act is amended by adding
 6    Section 8-505.1 as follows:

 7        (220 ILCS 5/8-505.1 new)
 8        Sec.  8-505.1.    Non-emergency   vegetation   management
 9    activities.
10        (a)  In    conducting    its   non-emergency   vegetation
11    management activities, an electric public utility shall:
12             (1)  Follow the most current guidelines set forth by
13        the International Society of Arboriculture and  the  most
14        current   applicable   Occupational   Safety  and  Health
15        Administration or American National  Standards  Institute
16        standards.
17             (2)  Provide  direct notice of vegetation management
18        activities  at  least  21  days  before  beginning  those
19        activities.  If the vegetation management activities will
20        occur in an incorporated municipality, the notice must be
21        given  to  the  mayor.   If  the  vegetation   management
22        activities  will  occur  in  an  unincorporated area, the
23        notice must be given to the chairman of the county board.
24        Maps or a description of  the  area  to  be  affected  by
25        vegetation   management  activities  must  accompany  the
26        notice.   Notification  may  be  discontinued  upon   the
27        request  of  the  governing  body  of the municipality or
28        county.  Requests for the termination of notices shall be
29        in writing.
30             (3)  Directly notify  affected  customers  no  fewer
31        than 7 days before the activity is scheduled to begin.
 
SB1541 Enrolled            -2-                 LRB9110220JSgc
 1             (4)  Provide  notified  customers  with  a toll-free
 2        telephone  number  to  call  regarding   the   vegetation
 3        management activities.
 4        The  Commission  shall have sole authority to investigate
 5    and  issue  complaints  against  the   utility   under   this
 6    subsection (a).
 7        (b)  A  public  utility  shall  not be required to comply
 8    with the requirements of paragraphs  (2),  (3),  and  (4)  of
 9    subsection  (a)  when  (i)  it  is  taking actions to restore
10    reliable service after interruptions of service;  (ii)  there
11    is  a  franchise,  contract, or written agreement between the
12    public  utility  and  the  municipality  mandating   specific
13    vegetation  management  practices; or (iii) there is a mutual
14    agreement between the municipality or county and  the  public
15    utility  to  waive the requirements of paragraph (2), (3), or
16    (4) of subsection (a), to the extent of the waiver agreement.
17        (c)  If (i) no franchise, contract, or written  agreement
18    between  a  utility  and  a  municipality mandates a specific
19    vegetation management practice,  (ii)  no  applicable  tariff
20    governing  non-emergency  vegetation management practices has
21    been approved by the Commission, and (iii)  the  municipality
22    enacts  an ordinance establishing standards for non-emergency
23    vegetation management practices  that  are  more  restrictive
24    than  the  standards  established  by  this Section, then the
25    electric public utility may recover from the municipality the
26    difference between the costs of complying with the  standards
27    established  under the municipality's ordinance and the costs
28    of complying with the standards established by this  Section.
29    Before  beginning  any  non-emergency  vegetation  management
30    activities  in  a  municipality that has enacted an ordinance
31    establishing standards for  vegetation  management  practices
32    that  are  more restrictive than the standards established by
33    this Section, an electric public utility shall provide to the
34    municipality a good faith estimate of the costs of  complying
 
SB1541 Enrolled            -3-                 LRB9110220JSgc
 1    with  the more restrictive municipal standards for vegetation
 2    management practices.
 3        The provisions of this  Section  shall  not  in  any  way
 4    diminish  or  replace  other civil or administrative remedies
 5    available to a customer or class of customers under this  Act
 6    nor invalidate any tariff approved or rule promulgated by the
 7    Commission.

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

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