Illinois General Assembly - Illinois Compiled Statutes

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220 ILCS 5/8-505.1

(220 ILCS 5/8-505.1)

Sec. 8-505.1. Non-emergency vegetation management activities.

(a) Except as provided in subsections (b), (c), and (d), in conducting
its non-emergency vegetation management activities, an electric public utility
shall:

(1) Follow the most current tree care and maintenance

standard practices set forth in ANSI A300 published by the American National Standards Institute and the most current applicable Occupational Safety and Health Administration regulations regarding worker safety.

(2) Provide direct notice of vegetation management

activities no less than 21 days nor more than 90 days before the activities begin.

(A) If the vegetation management activities will

occur in an incorporated municipality, the notice must be given to the mayor or his or her designee.

(B) If the vegetation management activities will

occur in an unincorporated area, the notice must be given to the chairman of the county board or his or her designee.

(C) Affected customers shall be notified directly.

(D) Affected property owners shall be notified by

a published notice in a newspaper or newspapers in general circulation and widely distributed within the entire area in which the vegetation management activities notice will occur.

(E) Circuit maps or a description by common

address of the area to be affected by vegetation management activities must accompany any notice to a mayor or his or her designee or to a chairman of a county board or his or her designee.

The electric public utility giving the direct and

published notices required in this subsection (a)(2) shall provide notified customers and property owners with (i) a statement of the vegetation management activities planned, (ii) the address of a website and a toll-free telephone number at which a written disclosure of all dispute resolution opportunities and processes, rights, and remedies provided by the electric public utility may be obtained, (iii) a statement that the customer and the property owner may appeal the planned vegetation management activities through the electric public utility and the Illinois Commerce Commission, (iv) a toll-free telephone number through which communication may be had with a representative of the electric public utility regarding the vegetation management activities, and (v) the telephone number of the Consumer Affairs Officer of the Illinois Commerce Commission. The notice shall also include a statement that circuit maps and common addresses of the area to be affected by the vegetation management activities are on file with the office of the mayor of an affected municipality or his or her designee and the office of the county board chairman of an affected county or his or her designee.

The Commission shall have sole authority to
investigate, issue,
and hear complaints against the utility under this subsection (a).

(b) A public utility shall not be required to comply with the requirements
of subsection (d) or of paragraph (2) of
subsection (a) when it is taking
actions directly related to an emergency to restore reliable service after
interruptions of
service.

(c) A public utility shall not be required to comply with the requirements
of subsection (a) or (d) if there
is a franchise, contract, or written agreement between the public utility and
the municipality or county mandating specific vegetation management
practices.  If the franchise, contract, or written agreement between the
public utility and the municipality or county establishes requirements for
notice to the municipality, county, customers, and property owners, those
notice requirements shall control over the notice requirements of paragraph
(2) of subsection (a).  If the franchise, contract, or written
agreement between the public utility and the municipality or county does not
establish notice
requirements, the notice requirements contained in paragraph (2) of
subsection (a) shall control.

(d) If no franchise, contract, or written agreement
between a
utility
and a municipality mandates a specific vegetation management practice and the
municipality enacts
an ordinance establishing standards for non-emergency vegetation management
practices that are contrary to the
standards
established by this
Section and the vegetation management activities of the electric public
utility cost substantially more, as a direct consequence,
then the electric public utility may, before vegetation management activities
begin, apply to the municipality for an agreement to pay the additional cost.  When an application for an agreement is made to the
municipality, no vegetation management activities shall begin until the
municipality responds to the application by agreement or rejection or dispute
resolution proceedings are completed.  The application shall be supported by a
detailed specification of the difference between the standards established by
this Section and the contrary standards established by the municipal
ordinances and by a good faith bid or proposal obtained from a utility
contractor or
contractors quantifying the additional cost for performing the specification.
When the municipality receives the specification and the utility contractor's
bid or proposal, the municipality shall agree, reject, or initiate dispute
resolution proceedings regarding the application within 90
days after the application's receipt.  If the municipality does not act within
90
days or informs the utility that it will not agree, the electric public utility
may proceed and need not comply with the contrary ordinance standard.  When
there is a dispute regarding (i) the accuracy of the specification, (ii)
whether there is a conflict with the standards established by this
Section, or (iii) any aspect of the bid or proposal process, the Illinois
Commerce Commission shall hear and resolve the disputed matter or matters, with
the electric public utility having the burden of proof.  A municipality may
have a person trained in tree care and maintenance generally monitor and
discuss with the vegetation management supervisory personnel of the electric
public utility the
performance of the public utility's vegetation management activities without
any
claim for costs hereunder by the public utility arising therefrom.

The provisions of this Section shall not in any way diminish
or replace other civil or administrative remedies available to a customer or
class of customers or a property owner or class of property owners under
this Act.  This Section does not alter the jurisdiction of the Illinois
Commerce Commission in any manner except to obligate the Commission to
investigate, issue, and hear complaints against an electric public utility
as
provided in subsection (a)(2) and to hear and resolve disputed matters brought
to it as provided in this subsection.  Vegetation management activities by an
electric public utility shall not alter, trespass upon, or limit the rights of
any property owner.

(Source: P.A. 97-333, eff. 8-12-11.)