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18 | 17 | | |
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19 | 18 | | AN ACT CONCERNING VEGETATION MANAGEMEN T ALONG STATE |
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20 | 19 | | HIGHWAYS BY THE DEPA RTMENT OF TRANSPORTA TION. |
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21 | 20 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 21 | | Assembly convened: |
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23 | 22 | | |
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24 | 23 | | Section 1. (NEW) (Effective from passage) (a) The Department of 1 |
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25 | 24 | | Transportation shall develop guidelines governing the management of 2 |
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26 | 25 | | vegetation and tree removal along state highways. Such guidelines 3 |
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27 | 26 | | shall include provisions for, but shall not be limited to: (1) Safety of the 4 |
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28 | 27 | | traveling public, (2) general roadside vegetation management activities 5 |
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29 | 28 | | performed by the department, including, but not limited to, mowing, 6 |
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30 | 29 | | herbicide application, grassing, replanting, limb management, tree 7 |
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31 | 30 | | removal and debris removal, (3) beautification and enhancements, (4) 8 |
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32 | 31 | | visibility enhancement, (5) work zone traffic control, and (6) worker 9 |
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33 | 32 | | safety. For vegetation management and tree removal, such guidelines 10 |
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34 | 33 | | shall require the department to consider the environmental impact of 11 |
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35 | 34 | | such work, including, but not limited to: (A) Preventing invasive tree, 12 |
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36 | 35 | | brush or plant species growth and impact; (B) storm water run-off; (C) 13 |
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37 | 36 | | erosion; (D) replanting of vegetation species to expand and improve 14 |
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38 | 37 | | pollinator corridor habitat; (E) reduced mowing; and (F) the effect on 15 |
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39 | 38 | | scenic highways or other similarly designated roadways. 16 |
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47 | 45 | | reviewed and approved by a licensed arborist if the services of such a 18 |
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48 | 46 | | licensed arborist are available from a licensed arborist who is 19 |
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49 | 47 | | employed at either the Department of Energy and Environmental 20 |
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50 | 48 | | Protection or the Department of Transportation. 21 |
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51 | 49 | | (c) The guidelines developed pursuant to this section shall be: (1) 22 |
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52 | 50 | | Posted on the Department of Transportation's Internet web site, (2) 23 |
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53 | 51 | | updated, as necessary, to comply with provisions of federal and state 24 |
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54 | 52 | | law concerning vegetation management on state highways, and (3) 25 |
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55 | 53 | | reviewed by all maintenance and contractor personnel prior to the 26 |
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56 | 54 | | commencement of any vegetation management activity. 27 |
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57 | 55 | | (d) The provisions of this section shall not apply to the removal of 28 |
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58 | 56 | | any trees or vegetation that constitute an immediate public hazard or 29 |
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59 | 57 | | any Department of Transportation construction project that constitutes 30 |
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60 | 58 | | such an immediate public hazard. 31 |
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61 | 59 | | (e) A copy of the guidelines developed in accordance with this 32 |
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62 | 60 | | section shall be provided by the Department of Transportation to the 33 |
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63 | 61 | | joint standing committees of the General Assembly having cognizance 34 |
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64 | 62 | | of matters relating to the environment and transportation. 35 |
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65 | 63 | | Sec. 2. (NEW) (Effective from passage) Not later than May first of each 36 |
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66 | 64 | | year, the Department of Transportation shall report the amount of 37 |
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67 | 65 | | funds the department allocated for vegetation management for the 38 |
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68 | 66 | | remainder of the calendar year to the joint standing committees of the 39 |
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69 | 67 | | General Assembly having cognizance of matters relating to the 40 |
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70 | 68 | | environment and finance. 41 |
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71 | 69 | | This act shall take effect as follows and shall amend the following |
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72 | 70 | | sections: |
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73 | 71 | | |
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74 | 72 | | Section 1 from passage New section |
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75 | 73 | | Sec. 2 from passage New section |
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