Rhode Island 2023 Regular Session

Rhode Island House Bill H5656 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5656
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7	7	LC001215
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO AGRICULTURE AND FORESTRY -- TREE WARDENS
16	16	Introduced By: Representatives Kazarian, Solomon, Potter, Cruz, McNamara, McEntee,
17	17	Casimiro, Dawson, Carson, and Serpa
18	18	Date Introduced: February 17, 2023
19	19	Referred To: House Corporations
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 2-14-5 of the General Laws in Chapter 2-14 entitled "Tree Wardens" 1
24	24	is hereby amended to read as follows: 2
25	25	2-14-5. Trees under control of warden — Entry on private property. 3
26	26	(a) The tree warden in a town or city has the care and control of all trees and shrubs, in 4
27	27	whole or in part within the limits of any public road or grounds and within the limits of his or her 5
28	28	town or city, except those on roads under the control of the department of transportation and those 6
29	29	in public parks or grounds which are under the jurisdiction and control of the department of 7
30	30	environmental management or the park commission of any town or city. The tree warden may 8
31	31	assume the care and control of trees or shrubs in any public park if requested, in writing, by the 9
32	32	department of environmental management or the park commission of any city or town. The care 10
33	33	and control extends to any limbs, roots or parts of trees and shrubs that extend or overhang the 11
34	34	limits or bounds of any public road or grounds, and the tree warden, or his or her agent, or an 12
35	35	authorized agent of the department of transportation, or an authorized agent of the department of 13
36	36	environmental management, or an authorized agent of the park commission of any town or city, 14
37	37	may enter upon private property when necessary to exercise care and control. 15
38	38	(b) Notwithstanding the provisions of subsection (a) of this section, an electric distribution 16
39	39	company acting pursuant to a vegetation management specifications and practices plan approved 17
40	40	by the division of public utilities and carriers under § 39-33-2 shall have the right to carry out the 18
41	41	vegetation management activities set forth in that approved vegetation management specifications 19
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44	44	LC001215 - Page 2 of 7
45	45	and practice plan. 1
46	46	SECTION 2. Section 2-15-8 of the General Laws in Chapter 2-15 entitled "Protection of 2
47	47	Trees and Plants Generally" is hereby amended to read as follows: 3
48	48	2-15-8. Permits for cutting or removal of plants or debris — Replacement of damaged 4
49	49	or removed trees. 5
50	50	(a) Whenever any person, firm or corporation other than a tree warden or his or her deputy, 6
51	51	or an authorized agent of the department of transportation, or an authorized agent of the department 7
52	52	of environmental management, or an authorized agent of the park commission of any town or city, 8
53	53	or an electric distribution company that is effectuating a vegetation management specifications and 9
54	54	practices plan as approved by the division of public utilities and carriers pursuant to § 39-33-2, 10
55	55	desires the cutting or removal, in whole or in part, of any public shrub or ornamental or shade tree, 11
56	56	or the burning of any rubbish or debris upon any public highway or in any park or public grounds, 12
57	57	that person, firm or corporation shall apply in writing to the tree warden or the department of 13
58	58	transportation, the department of environmental management, or the park commission of any town 14
59	59	or city, as the case may be, for permission to do the cutting, removing or burning and shall obtain 15
60	60	a written permit before the cutting, removing or burning shall commence. 16
61	61	(b) When the application is made for the cutting or removal of trees along any public 17
62	62	highway for the purpose of moving, constructing or demolishing any building, the permit shall 18
63	63	contain a provision that the applicant shall replace any trees that are removed or in the opinion of 19
64	64	the issuer are substantially damaged in the process at his or her own expense and file a bond in an 20
65	65	amount and with surety suitable to the issuer of the permit to assure performance of the same. The 21
66	66	sum of the diameter of the replacement trees shall be substantially equivalent to the sum of the 22
67	67	diameters of the trees which were cut or removed, and shall be planted within the immediate 23
68	68	community area. 24
69	69	(c) Any person, firm, corporation or governmental entity that removes or substantially 25
70	70	damages, in whole or in part, any tree on public grounds shall replace the tree with a substantially 26
71	71	equivalent tree or trees, the sum of the diameters of which are equal to twice that removed or 27
72	72	damaged, in the immediate vicinity of the tree removed or damaged. This subsection does not apply 28
73	73	to a public utility or its authorized agent when the work being performed is in accordance with a 29
74	74	written tree trimming and tree replacement program filed with and approved by the tree warden in 30
75	75	the municipality where the work is being done or by the state forester for work to be performed on 31
76	76	state land and in municipalities that do not have functioning tree wardens or in accordance with a 32
77	77	vegetation management specifications and practices plan approved pursuant to § 39-33-2. 33
78	78	SECTION 3. Section 11-35-1 of the General Laws in Chapter 11-35 entitled "Public 34
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82	82	Utilities" is hereby amended to read as follows: 1
83	83	11-35-1. Consent of property owner required for electric lines — Tree-trimming — 2
84	84	Removal on notice. 3
85	85	No Except as provided for in chapter 33 of title 39, no person shall place any electric wire, 4
86	86	apparatus, pole, bracket, insulator, or other device or appliance for the purpose of conducting 5
87	87	currents of electricity upon any private property without the consent of the owners or of the agent 6
88	88	of the owners; nor shall any electric wire, apparatus, pole, bracket, insulator, or other device or 7
89	89	appliance for the purpose of conducting currents of electricity be passed through or affixed to any 8
90	90	tree useful for shade or ornamental purposes, nor shall a tree be cut, trimmed, or interfered with, 9
91	91	except under the direction and immediate supervision of the surveyor of highways in whose district 10
92	92	the tree is located; provided, that any owner or agent may give notice in writing to the person or 11
93	93	corporation owning any electric wire, apparatus, pole, bracket, insulator, or other device or 12
94	94	appliance for the purpose of conducting currents of electricity when it shall have been so placed 13
95	95	with the consent of the owner or agent, to remove it or any of them from any private property within 14
96	96	thirty (30) days after the delivery of the notice, and that, in default of the removal in accordance 15
97	97	with the terms of the notice, the owner or agent may remove them or any of them. 16
98	98	SECTION 4. Section 34-20-1 of the General Laws in Chapter 34-20 entitled "Trespass and 17
99	99	Actions for Possession" is hereby amended to read as follows: 18
100	100	34-20-1. Liability for unauthorized cutting of trees or wood. 19
101	101	Every Except as provided for in chapter 33 of title 39, every person who shall cut, destroy, 20
102	102	or carry away any tree, timber, wood or underwood whatsoever, lying or growing on the land of 21
103	103	any other person, without leave of the owner thereof, shall, for every such trespass, pay the party 22
104	104	injured twice the value of any tree so cut, destroyed, or carried away; and for the wood or 23
105	105	underwood, thrice the value thereof; to be recovered by civil action. 24
106	106	SECTION 5. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND 25
107	107	CARRIERS" is hereby amended by adding thereto the following chapter: 26
108	108	CHAPTER 33 27
109	109	VEGETATION MANAGEMENT FOR ELECTRIC SYSTEM RELIABILITY 28
110	110	39-33-1. Legislative findings. 29
111	111	The general assembly finds and declares: 30
112	112	(1) Global climate change is increasing the frequency and intensity of storm events, and is 31
113	113	increasing the number of harmful pests and fungi that threaten local trees and other vegetation; 32
114	114	(2) Tree-related damage is a leading cause of power outages, and these risks are amplified 33
115	115	during storm events; 34
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119	119	(3) Power restoration efforts are vital; however, these efforts are costly endeavors for local 1
120	120	ratepayers and our economy, and sound vegetation management practices can reduce the likelihood 2
121	121	of outages and mitigate risks to customers; 3
122	122	(4) Electric system reliability is paramount for a modern and vibrant economy, and is 4
123	123	critical to the safety and well-being of all citizens; and 5
124	124	(5) A uniform and streamlined process for authorizing the electric distribution company’s 6
125	125	management of vegetation that encroaches upon or is likely to encroach upon electric distribution 7
126	126	system equipment will help drive system- and cost-efficiencies across the grid and ensure 8
127	127	communities and property owners are treated equitably across the state. 9
128	128	39-33-2. Vegetation management specifications and practices plan. 10
129	129	(a) Each electric distribution company as defined by §39-1-2(a) having greater than one 11
130	130	hundred thousand (100,000) customers shall file with the division of public utilities and carriers a 12
131	131	vegetation management specifications and practices plan for application across its service territory. 13
132	132	(b) The vegetation management specifications and practices plan shall, at a minimum, 14
133	133	include the following: 15
134	134	(1) Specifications, under various design scenarios, for vegetation clearing on and around 16
135	135	utility infrastructure along public and private rights of way; 17
136	136	(2) A notification process for municipalities, state agencies, and/or private property owners 18
137	137	that may be impacted by vegetation management activities. This process shall provide notification 19
138	138	to affected parties at least thirty (30) days in advance of any scheduled vegetation management 20
139	139	activity and allow for exclusions to preserve public safety and/or respond to storm or other 21
140	140	emergency events; 22
141	141	(3) Establishment of a “right tree, right place” program that details the types of trees and 23
142	142	other vegetation that can be safely planted near utility-owned power lines and other electric system 24
143	143	infrastructure, and under what conditions. The electric distribution company may partner with 25
144	144	community or nonprofit organizations in the development and/or communication of this program; 26
145	145	and 27
146	146	(4) A website hosted by the electric distribution utility that includes a copy of the proposed 28
147	147	or approved vegetation management specifications and practices plans, and related reference and 29
148	148	educational materials including those materials developed pursuant to § 39-33-2(b)(3). 30
149	149	(c) Upon receipt, the division of public utilities and carriers shall post the proposed 31
150	150	vegetation management specifications and practices plan on its website and conduct a review of 32
151	151	the proposed plan to ensure it complies with industry standards, accounts for the impacts of a 33
152	152	changing climate, and facilitates the operation of a safe and highly reliable electric distribution 34
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155	155	LC001215 - Page 5 of 7
156	156	system for all ratepayers. 1
157	157	(1) The division of public utilities and carriers shall accept public comment on the proposed 2
158	158	vegetation management specifications and practices plan for at least thirty (30) days prior to 3
159	159	rendering a decision to approve, approve with modifications, or deny the plan, which shall be issued 4
160	160	in writing within ninety (90) days of receipt. 5
161	161	(2) If modifications are specified in the division of public utilities and carriers’ decision, 6
162	162	the electric distribution company may file a revised vegetation management specifications and 7
163	163	practices plan for review and approval within thirty (30) days of receipt of the written decision. 8
164	164	(d)(1) Notwithstanding any other provision of law or ordinance, upon approval by the 9
165	165	division of public utilities and carriers, the electric distribution company shall be authorized to 10
166	166	implement its vegetation management specifications and practices plan across its service territory. 11
167	167	(2) Notwithstanding the notice provisions described in subsection (b)(2) of this section, 12
168	168	state and local permits, licenses, assents, variances, or any other form of authorizations or approvals 13
169	169	shall not be required for vegetation management activities that are part of a vegetation management 14
170	170	specifications and practices plan that has been approved by the division of public utilities and 15
171	171	carriers pursuant to this chapter. 16
172	172	(e) The electric distribution company shall be permitted to seek recovery of all reasonable 17
173	173	costs incurred under this section, inclusive of those reasonable costs incurred by the division of 18
174	174	public utilities and carriers to purchase materials and to employ on a contract or other basis any 19
175	175	utility experts necessary to comply with this section, through filings made pursuant to § 39-1-20
176	176	27.7.1. 21
177	177	(f) The electric distribution company shall file an updated vegetation management 22
178	178	specifications and practices plan with the division of public utilities and carriers at least once every 23
179	179	four (4) years. 24
180	180	39-33-3. Existing rights of electric distribution companies. 25
181	181	Nothing in this chapter shall be interpreted to limit or restrict the rights that electric 26
182	182	distribution companies currently have to conduct vegetation management activities provided by 27
183	183	existing statute or regulation, including, but not limited to, those rights conferred by 650 RICR 20-28
184	184	00-9.6 and 250 RICR 150-15-3.6, as amended. 29
185	185	39-33-4. Liberal construction of chapter required. 30
186	186	This chapter shall be construed liberally in aid of its declared purposes. 31
187	187	39-33-5. Severability. 32
188	188	If any provision of this chapter or the application thereof to any person or circumstances is 33
189	189	held invalid, the invalidity shall not affect other provisions or applications of the chapter that can 34
190	190
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192	192	LC001215 - Page 6 of 7
193	193	be given effect without the invalid provision or application, and to this end the provisions of this 1
194	194	chapter are declared to be severable. 2
195	195	SECTION 6. This act shall take effect upon passage. 3
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202	202	EXPLANATION
203	203	BY THE LEGISLATIVE COUNCIL
204	204	OF
205	205	A N A C T
206	206	RELATING TO AGRICULTURE AND FORES TRY -- TREE WARDENS
207	207	***
208	208	This act would require an electric distribution company to develop and act pursuant to a 1
209	209	vegetation management plan approved by the division of public utilities carriers (DPUC) to carry 2
210	210	out vegetation management activities for vegetation clearing on and around utility infrastructure 3
211	211	along public and private rights of way. 4
212	212	This act would take effect upon passage. 5
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214	214	LC001215
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