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