General Assembly Raised Bill No. 6471
January Session, 2013 LCO No. 3464
*03464_______ET_*
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
(ET)
General Assembly
Raised Bill No. 6471
January Session, 2013
LCO No. 3464
*03464_______ET_*
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
(ET)
AN ACT CONCERNING TREE TRIMMING BY UTILITIES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 16-234 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) As used in this section, "utility clearance zone" means any rectangular area extending horizontally for a distance of ten feet from any outermost electrical conductor and vertically from the ground to the sky, and "hazardous tree" means any tree or part of a tree that is (1) dead, (2) diseased, (3) extensively decayed, or (4) structurally weak which, if it falls, would endanger life or property, including utility infrastructure, facilities or equipment.
(b) No [telegraph,] telephone, [or electric light company or association, nor any company or association engaged in distributing electricity by wires or similar conductors or in using an electric wire or conductor for any purpose,] electric or electric distribution company shall exercise any powers which may have been conferred upon it to change the location of, or to erect or place, wires, conductors, fixtures, structures or apparatus of any kind over, on or under any highway or public ground, without the consent of the adjoining proprietors, or, if such company [or association] is unable to obtain such consent, without the approval of the Public Utilities Regulatory Authority, which shall be given only after a hearing upon notice to such proprietors. [; or to cut or trim any tree on or overhanging any highway or public ground, without the consent of the owner thereof, or, if such company or association is unable to obtain such consent, without the approval of the tree warden or the consent of the authority, which consent shall be given only after a hearing upon notice to such owner; but the authority] The Public Utilities Regulatory Authority may, if it finds that public convenience and necessity require, authorize the changing of the location of, or the erection or placing of, such wires, conductors, fixtures, structures or apparatus over, on or under such highway or public ground. [; and the tree warden in any town or the authority may, if he or it finds that public convenience and necessity require, authorize the cutting and trimming and the keeping trimmed of any brush or tree in such town on or overhanging such highway or public ground, which action shall be taken only after notice and hearing as aforesaid, which hearing shall be held within a reasonable time after the application therefor.]
(c) No telephone, electric or electric distribution company shall exercise any powers which may have been conferred upon it to cut or trim any tree on or overhanging any highway, utility right-of-way, easement, utility clearance zone, public ground or any property on which a tree or part of a tree is located, which may fall onto any utility infrastructure, facilities or equipment as a result of any natural cause, without (1) mailing written notice to the property owner of the proposed area to be cut or trimmed, and (2) providing notice to the Commissioner of Transportation and the tree warden of the municipality in which such tree is located. The property owner where such tree is located may file a written objection with the tree warden of the municipality in which such owner resides not later than ten business days after the mailing date of such notice. The tree warden shall make a written determination as to the disposition of the tree not later than ten business days after the filing date of such written objection. The property owner or company may appeal the tree warden's decision to the Public Utilities Regulatory Authority within ten business days after the tree warden's decision. The authority shall hold a hearing within sixty business days and shall provide notice of such hearing to the property owner and company. If any proposed tree to be cut or trimmed is owned by a municipality, the company shall provide written notice to the tree warden of the municipality in which such tree is located. If any proposed tree to be cut or trimmed is owned by the state, the company shall provide direct written notice to the Commissioner of Transportation. Such tree warden, in the case of a municipally-owned tree, or said commissioner, in the case of a state-owned tree, may file a written objection with the Public Utilities Regulatory Authority not later than ten business days after the mailing date of the notice. If an objection is filed, the Public Utilities Regulatory Authority shall hold a hearing within sixty business days and shall provide notice of such hearing to such tree warden or said commissioner and the company. The Public Utilities Regulatory Authority may, if it finds that public convenience and necessity require, authorize the cutting and trimming of any tree in a municipality, which action shall be taken only after notice and hearing as aforesaid.
(d) No telephone, electric or electric distribution company shall be required to provide notice under subsection (c) of this section if (1) any part of a tree is in direct contact with an energized electrical conductor or has visible signs of burning or if a customer requests the company to cut or trim any tree on the property of such customer that poses a threat to the electrical conductors, or (2) any tree cutting or trimming removes any part of a tree inside the utility clearance zone, provided such tree has a diameter not greater than twelve inches when measured four and one-half feet above the ground. Such company may cut other vegetation in a utility clearance zone.
(e) Each electric distribution company, in cooperation with the municipalities in the service area of such company, shall establish a program to identify hazardous trees. Each municipality shall (1) establish minimum requirements to cut, trim or prune hazardous trees, (2) provide notice to property owners of any existing hazardous trees and any requirements to cut, trim or prune such hazardous trees, and (3) establish enforcement provisions for the cutting, trimming or pruning of any hazardous tree.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2013 16-234
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2013
16-234
Statement of Purpose:
To expand a utility company's ability to cut or trim trees on private, municipal or state property, to eliminate the consent requirement that such company must receive from a property owner to cut or trim trees, to require notification of tree cutting or trimming by such company to a property owner, and to create a process for such owners to file a written objection to such cutting or trimming.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]