HSB 149

9, relating to the ability of certain electric suppliers to engage in vegetation management under specified circumstances. “Electric distribution facility” is defined as the equipment owned and operated by an electric supplier that is used to transmit electricity to ultimate usage points from interchanges with higher voltage transmission networks. “Electric supplier” is defined as a rural electric cooperative, a city utility, a joint facility or electric power agency, or a public utility with an assigned area of service. “Vegetation” is defined as any natural growth or vegetation, including but not limited to trees, brush, saplings, and bushes. “Vegetation management” is defined as any act to manage vegetation, including but not limited to trimming, removing, spraying, and controlling the vegetation. The bill provides that an electric supplier that maintains or operates electric distribution facilities may engage in vegetation management within the legal description of a recorded easement to ensure the continued safe operation of the facilities. However, if the recorded easement limits the electric supplier’s ability to do so, the recorded easement controls. _____ management in the absence of a recorded easement in certain areas and locations, as specified in the bill. The bill provides that such actions shall be considered reasonable and necessary for the continued safe and reliable operation of the electric distribution lines and shall create a rebuttable presumption that the electric supplier acted with reasonable care, operated within its rights, and did not commit trespass. The bill provides that an electric supplier may engage in vegetation management beyond the activities authorized under the bill if the electric supplier is granted permission from the landowner on which the electric distribution facilities are located to do so, the electric supplier is granted a recorded easement that prescribes greater rights, or the electric supplier deems that such action is necessary to maintain the continued safe and reliable operation of the electric distribution facilities, provided that the electric supplier notify the landowner at least days in advance, unless the electric supplier deems that immediate action is needed or if the action is in response to a major weather event or other emergency situation.4. The bill provides that it shall not be interpreted to require an electric supplier to exercise any rights provided in the bill.