State of Illinois
91st General Assembly
Legislation

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91_SB1709

 
                                              LRB9110727JSpcA

 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)  Until rules are issued pursuant to  subsection  (c),
11    in   conducting   its   non-emergency  vegetation  management
12    activities in incorporated municipalities an electric  public
13    utility shall:
14             (1)  Follow    guidelines    set    forth   by   the
15        International Society of Arboriculture in effect  January
16        1, 2000 and any applicable Occupational Safety and Health
17        Administration  or  American National Standards Institute
18        standards in effect January 1, 2000.
19             (2)  Provide no fewer than 21  days  notice  to  the
20        municipality  prior  to  vegetation  management  activity
21        beginning  in the municipality.  Maps or a description of
22        the affected area shall be provided to the  municipality.
23        Notification   shall   continue  until  the  municipality
24        requests termination.  Requests by  the  municipality  to
25        terminate notifications shall be in writing.
26             (3)  Notify    affected    customers    within   the
27        municipality no fewer than 7 days before the activity  is
28        scheduled to begin.
29             (4)  Provide  notified  customers  with  a toll-free
30        telephone  number  to  call  regarding   the   vegetation
31        management activities.
 
                           -2-                LRB9110727JSpcA
 1        (b)  A  public  utility  shall  not be required to comply
 2    with the  requirements  of  subsections  (a)(2),  (a)(3),  or
 3    (a)(4)  when  (i)  it  is  taking actions to restore reliable
 4    service after interruptions  of  service;  (ii)  there  is  a
 5    franchise,  contract, or written agreement in effect prior to
 6    January 1, 2000 between a public utility and  a  municipality
 7    mandating  specific vegetation management practices; or (iii)
 8    there is a mutual agreement  between  a  municipality  and  a
 9    public  utility  to  waive the requirements of all or part of
10    subsection (a).  The Commission shall have sole authority  to
11    investigate  and  issue  complaints against the utility under
12    this Section.
13        (c)  By January 1, 2002, the  Commerce  Commission  shall
14    establish  by  rule  statewide  standards  for  tree trimming
15    activities  performed  by  electric  public  utilities.   The
16    standards shall be based upon the guidelines set forth by the
17    International Society of  Arboriculture  and  any  applicable
18    standards  established  by the Occupational Safety and Health
19    Administration and the American National Standards Institute.
20        (d)  Any municipal ordinance that imposes standards equal
21    to  or  more  restrictive  than  the  non-emergency   utility
22    vegetation   management   activities   established   by  this
23    amendatory  Act  of  the  91st  General  Assembly   are   not
24    invalidated  or  affected  by this amendatory Act of the 91st
25    General Assembly.

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