State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 002 ]

92_HB1776enr

 
HB1776 Enrolled                               LRB9203173JSpcB

 1        AN ACT concerning public utilities.

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

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

 6        (220 ILCS 5/8-505.1)
 7        Sec.    8-505.1.  Non-emergency   vegetation   management
 8    activities.
 9        (a)  Except as provided in subsections (b), (c), and (d),
10    in  conducting  its   non-emergency   vegetation   management
11    activities, an electric public utility shall:
12             (1)  Follow   the   most   current   tree  care  and
13        maintenance standard practices guidelines  set  forth  in
14        ANSI  A300  published  by the American National Standards
15        Institute International Society of Arboriculture and  the
16        most  current  applicable  Occupational Safety and Health
17        Administration regulations  regarding  worker  safety  or
18        American National Standards Institute standards.
19             (2)  Provide  direct notice of vegetation management
20        activities no less than at least 21 days nor more than 90
21        days  before  the  activities   begin   beginning   those
22        activities.
23                  (A)  If  the  vegetation  management activities
24             will occur  in  an  incorporated  municipality,  the
25             notice  must  be  given  to  the mayor or his or her
26             designee.
27                  (B)  If the  vegetation  management  activities
28             will  occur  in  an  unincorporated area, the notice
29             must be given to the chairman of the county board or
30             his or her designee.
31                  (C)  Affected  customers  shall   be   notified
 
HB1776 Enrolled             -2-               LRB9203173JSpcB
 1             directly.
 2                  (D)  Affected property owners shall be notified
 3             by  a  published notice in a newspaper or newspapers
 4             in general circulation and widely distributed within
 5             the entire area in which the  vegetation  management
 6             activities notice will occur.
 7                  (E)  Circuit  maps  or  a description by common
 8             address of the area to  be  affected  by  vegetation
 9             management  activities must accompany any the notice
10             to a mayor or his or her designee or to  a  chairman
11             of a county board or his or her designee.
12                  Notification   may  be  discontinued  upon  the
13             request of the governing body of the municipality or
14             county.  Requests for  the  termination  of  notices
15             shall be in writing.
16             (3)  Directly  notify  affected  customers  no fewer
17        than 7 days before the activity is scheduled to begin.
18             (3) (4)  The  electric  public  utility  giving  the
19        direct  and  published  notices  required  in  subsection
20        (a)(2)  shall  provide  notified  customers  and property
21        owners with (i) a statement of the vegetation  management
22        activities  planned,  (ii) the address of a website and a
23        toll-free telephone number at which a written  disclosure
24        of  all  dispute  resolution opportunities and processes,
25        rights, and remedies  provided  by  the  electric  public
26        utility  may  be  obtained,  (iii)  a  statement that the
27        customer and the property owner may  appeal  the  planned
28        vegetation  management  activities  through  the electric
29        public utility and the Illinois Commerce Commission, (iv)
30        a toll-free telephone number through which  communication
31        may  be  had with a representative of the electric public
32        utility  to  call  regarding  the  vegetation  management
33        activities, and (v) the telephone number of the  Consumer
34        Affairs Officer of the Illinois Commerce Commission.  The
 
HB1776 Enrolled             -3-               LRB9203173JSpcB
 1        notice  shall  also include a statement that circuit maps
 2        and common addresses of the area to be  affected  by  the
 3        vegetation  management  activities  are  on file with the
 4        office of the mayor of an affected municipality or his or
 5        her designee and the office of the county board  chairman
 6        of an affected county or his or her designee.
 7        The  Commission shall have sole authority to investigate,
 8    and issue, and hear complaints against the utility under this
 9    subsection (a).
10        (b)  A public utility shall not  be  required  to  comply
11    with the requirements of subsection (d) or of paragraphs (2),
12    and  (3),  and  (4)  of  subsection (a) when (i) it is taking
13    actions directly related to an emergency to restore  reliable
14    service after interruptions of service.; (ii)
15        (c)  A  public  utility  shall  not be required to comply
16    with the requirements of subsection (a) or (d) if there is  a
17    franchise,  contract, or written agreement between the public
18    utility and the municipality  or  county  mandating  specific
19    vegetation management practices.  If the franchise, contract,
20    or  written  agreement  between  the  public  utility and the
21    municipality or county establishes requirements for notice to
22    the municipality, county,  customers,  and  property  owners,
23    those  notice  requirements  shall  control  over  the notice
24    requirements of paragraphs (2) and (3) of subsection (a).  If
25    the franchise, contract, or  written  agreement  between  the
26    public  utility  and  the  municipality  or  county  does not
27    establish  notice  requirements,  the   notice   requirements
28    contained  in  paragraphs (2) and (3) of subsection (a) shall
29    control; or (iii) there is a  mutual  agreement  between  the
30    municipality  or  county  and the public utility to waive the
31    requirements of paragraph (2), (3), or (4) of subsection (a),
32    to the extent of the waiver agreement.
33        (d) (c)  If  (i)  no  franchise,  contract,  or   written
34    agreement  between  a  utility  and a municipality mandates a
 
HB1776 Enrolled             -4-               LRB9203173JSpcB
 1    specific vegetation management practice, (ii)  no  applicable
 2    tariff    governing   non-emergency   vegetation   management
 3    practices has been approved by the Commission, and (iii)  the
 4    municipality  enacts  an ordinance establishing standards for
 5    non-emergency  vegetation  management  practices   that   are
 6    contrary  to  more restrictive than the standards established
 7    by this Section and the vegetation management  activities  of
 8    the  electric  public  utility  cost substantially more, as a
 9    direct consequence, then the  electric  public  utility  may,
10    before  vegetation  management activities begin, apply to the
11    municipality for an agreement  to  pay  the  additional  cost
12    recover  from  the  municipality  the  difference between the
13    costs of complying with the standards established  under  the
14    municipality's  ordinance and the costs of complying with the
15    standards established by this Section.  Before beginning  any
16    non-emergency   vegetation   management   activities   in   a
17    municipality  that  has  enacted  an  ordinance  establishing
18    standards  for  vegetation management practices that are more
19    restrictive than the standards established by  this  Section,
20    an  electric public utility shall provide to the municipality
21    a good faith estimate of the costs of complying with the more
22    restrictive municipal  standards  for  vegetation  management
23    practices.   When  an application for an agreement is made to
24    the municipality, no vegetation management  activities  shall
25    begin  until  the municipality responds to the application by
26    agreement or rejection or dispute resolution proceedings  are
27    completed.   The application shall be supported by a detailed
28    specification  of  the  difference  between   the   standards
29    established  by  this  Section  and  the  contrary  standards
30    established  by  the municipal ordinances and by a good faith
31    bid  or  proposal  obtained  from  a  utility  contractor  or
32    contractors quantifying the additional  cost  for  performing
33    the  specification.    When  the  municipality  receives  the
34    specification  and  the utility contractor's bid or proposal,
 
HB1776 Enrolled             -5-               LRB9203173JSpcB
 1    the municipality shall agree,  reject,  or  initiate  dispute
 2    resolution  proceedings  regarding  the application within 90
 3    days after the application's receipt.   If  the  municipality
 4    does  not  act  within 90 days or informs the utility that it
 5    will not agree, the electric public utility may  proceed  and
 6    need  not  comply with the contrary ordinance standard.  When
 7    there  is  a  dispute  regarding  (i)  the  accuracy  of  the
 8    specification, (ii) whether there  is  a  conflict  with  the
 9    standards established by this Section, or (iii) any aspect of
10    the bid or proposal process, the Illinois Commerce Commission
11    shall  hear  and resolve the disputed matter or matters, with
12    the electric public utility having the burden  of  proof.   A
13    municipality  may  have  a  person  trained  in tree care and
14    maintenance generally monitor and discuss with the vegetation
15    management  supervisory  personnel  of  the  electric  public
16    utility the performance of the  public  utility's  vegetation
17    management  activities  without any claim for costs hereunder
18    by the public utility arising therefrom.
19        The provisions of this  Section  shall  not  in  any  way
20    diminish  or  replace  other civil or administrative remedies
21    available to a customer or class of customers or  a  property
22    owner  or  class  of  property  owners  under  this  Act  nor
23    invalidate  any  tariff  approved  or rule promulgated by the
24    Commission.  This Section does not alter the jurisdiction  of
25    the  Illinois  Commerce  Commission  in  any manner except to
26    obligate the  Commission  to  investigate,  issue,  and  hear
27    complaints  against an electric public utility as provided in
28    subsection (a)(3) and to hear and  resolve  disputed  matters
29    brought  to  it  as  provided in this subsection.  Vegetation
30    management activities by an electric public utility shall not
31    alter, trespass upon, or limit the  rights  of  any  property
32    owner.
33    (Source: P.A. 91-902, eff. 7-6-00.)
 
HB1776 Enrolled             -6-               LRB9203173JSpcB
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.

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