Researcher: SM Page 1 4/8/24
OLR Bill Analysis
HB 5484
AN ACT CONCERNING TREE AND VEGETATION MANAGEMENT
GUIDELINES BY THE DEPARTMENT OF TRANSPORTATION.
SUMMARY
Existing law requires the Department of Transportation (DOT) to
develop, and revise as necessary, guidelines on tree and vegetation
management, removal, and replacement along state highways for its
employees and contractors to use for maintenance and construction
projects (see BACKGROUND). This bill specifies a new process by
which the guidelines must be submitted to, and approved by, the
Transportation and Environment committees and restricts DOT’s
removal of trees or vegetation until they are approved.
Under current law, the DOT commissioner must submit the
guidelines to the Transportation and Environment committees by
January 1, 2024. The bill delays the submission deadline until 30 days
after its passage. Current law also requires these legislative committees
to hold a joint public hearing on the guidelines and the commissioner to
present them at this hearing; however, it does not specify when the
hearing must occur. The bill requires the hearing to be held within 30
days after the committees receive the guidelines.
The bill additionally requires that the committees (1) meet to approve
the guidelines by an affirmative vote or reject them and (2) notify the
commissioner of their decision. If they do not approve or reject the
guidelines within 30 days after receiving them, the guidelines are
automatically deemed approved. If the committees reject the guidelines,
they must be returned to the commissioner for revisions, and he must
resubmit them for reconsideration within 30 days of the rejection. The
bill requires the committees to act on the resubmitted guidelines in the
same way as the initial submission. 2024HB-05484-R000335-BA.DOCX
Researcher: SM Page 2 4/8/24
The bill prohibits DOT from removing any trees or vegetation while
doing maintenance and construction projects until the guidelines are
approved, whether affirmatively or through the committees’ inaction.
However, it permits the department to remove trees or vegetation
needed to maintain public safety or due to a weather-related civil
preparedness emergency.
EFFECTIVE DATE: Upon passage
BACKGROUND
DOT Vegetation Management Plan Requirements
Existing law requires that the DOT guidelines aim to ensure that
maintenance and construction projects’ impacts on the environment,
landscape, and noise pollution are balanced or outweighed by measures
taken to avoid and minimize them. Additionally, they must address
certain issues (e.g., the safety of the traveling public and visibility
enhancement). The guidelines apply to construction projects financed,
wholly or partially, with federal funds to the extent that they do not
conflict with federal laws and regulations. They do not apply to
removing trees or vegetation necessary to maintain public safety or due
to a weather-related civil preparedness emergency.
Related Bill
SB 289 (§ 3), reported favorably by the Environment Committee,
requires the owner, lessor, or operator of land clearing or grinding
machinery or equipment used for vegetation management or removal
at a DOT maintenance or construction project to get a Certificate of
Limited Effects for Arbor Non-Retainment from DEEP within 30 days
before using the machinery or equipment at the project.
COMMITTEE ACTION
Transportation Committee
Joint Favorable
Yea 35 Nay 0 (03/20/2024)