Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 574
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/15/2018           .                                

       The Committee on Community Affairs (Steube) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 163.3209, Florida Statutes, is amended
    6  to read:
    7         163.3209 Electric transmission and distribution line right
    8  of-way maintenance.—After a right-of-way for any electric
    9  transmission or distribution line has been established and
   10  constructed, no local government shall require or apply any
   11  permits or other approvals or code provisions for or related to
   12  vegetation maintenance and tree pruning or trimming within the
   13  established right-of-way. The term “vegetation maintenance and
   14  tree pruning or trimming” means the mowing of vegetation within
   15  the right-of-way, removal of trees or brush within the right-of
   16  way, and selective removal of tree branches that extend within
   17  the right-of-way. The provisions of this section do not include
   18  the removal of trees outside the right-of-way, which may be
   19  allowed in compliance with applicable local ordinances. Prior to
   20  conducting scheduled routine vegetation maintenance and tree
   21  pruning or trimming activities within an established right-of
   22  way, the utility shall provide the official designated by the
   23  local government with a minimum of 5 business days’ advance
   24  notice. Such advance notice is not required for vegetation
   25  maintenance and tree pruning or trimming required to restore
   26  electric service or to avoid an imminent vegetation-caused
   27  outage or when performed at the request of the property owner
   28  adjacent to the right-of-way, provided that the owner has
   29  approval of the local government, if needed. Upon the request of
   30  the local government, the electric utility shall meet with the
   31  local government to discuss and submit the utility’s vegetation
   32  maintenance plan, including the utility’s trimming
   33  specifications and maintenance practices. Vegetation maintenance
   34  and tree pruning or trimming conducted by utilities shall
   35  conform to ANSI A300 (Part I)—2001 pruning standards and ANSI
   36  Z133.1-2000 Pruning, Repairing, Maintaining, and Removing Trees,
   37  and Cutting Brush—Safety Requirements. Vegetation maintenance
   38  and tree pruning or trimming conducted by utilities must be
   39  supervised by qualified electric utility personnel or licensed
   40  contractors trained to conduct vegetation maintenance and tree
   41  trimming or pruning consistent with this section or by Certified
   42  Arborists certified by the Certification Program of the
   43  International Society of Arboriculture. A local government shall
   44  not adopt an ordinance or land development regulation that
   45  requires the planting of a tree or other vegetation that will
   46  achieve a height greater than 14 feet in an established electric
   47  utility right-of-way or intrude from the side closer than the
   48  clearance distance specified in Table 2 of ANSI Z133.1-2000 for
   49  lines affected by the North American Electric Reliability
   50  Council Standard, FAC 003.1 requirement R1.2. This section does
   51  not supersede or nullify the terms of specific franchise
   52  agreements between an electric utility and a local government
   53  and shall not be construed to limit a local government’s
   54  franchising authority. This section does not supersede local
   55  government ordinances or regulations governing planting,
   56  pruning, trimming, or removal of specimen trees or historical
   57  trees, as defined in a local government’s ordinances or
   58  regulations, or trees within designated canopied protection
   59  areas. This section shall not apply if a local government
   60  develops, with input from the utility, and the local government
   61  adopts, a written plan specifically for vegetation maintenance,
   62  tree pruning, tree removal, and tree trimming by the utility
   63  within the local government’s established rights-of-way and the
   64  plan is not inconsistent with the minimum requirements of the
   65  National Electrical Safety Code as adopted by the Public Service
   66  Commission; provided, however, such a plan shall not require the
   67  planting of a tree or other vegetation that will achieve a
   68  height greater than 14 feet in an established electric right-of
   69  way. Vegetation maintenance costs are shall be considered
   70  recoverable costs.
   71         Section 2. Section 589.37, Florida Statutes, is created to
   72  read:
   73         589.37Regulation of tree, timber, and vegetation trimming
   74  and removal performed by certain governmental entities
   75  prohibited.—
   76         (1)The Legislature finds that uncontrolled growth of trees
   77  or vegetation within rights-of-way owned or managed by the
   78  state, water management districts, water control districts,
   79  neighborhood improvement districts, independent special
   80  districts, or community development districts interferes with
   81  the operation and maintenance of flood protection and drainage
   82  infrastructure, including, but not limited to, canals, which are
   83  critical to the protection of the health, safety, and general
   84  welfare of the public.
   85         (2)Where the state or a water management district, a water
   86  control district created under chapter 298, a neighborhood
   87  improvement district created under chapter 163, an independent
   88  special district, or a community development district created
   89  under chapter 190, has a duty to maintain any rights-of-way, a
   90  municipality, county, or other political subdivision of the
   91  state may not prohibit, restrict, or condition, or require a
   92  permit, fee, or mitigation for, the trimming or removal of
   93  trees, timber, or vegetation.
   94         (3)This section does not prohibit the licensing and
   95  regulation by municipalities or counties of persons engaged in
   96  tree, timber, or vegetation trimming or removal.
   97         Section 3. This act shall take effect July 1, 2018.
   99  ================= T I T L E  A M E N D M E N T ================
  100  And the title is amended as follows:
  101         Delete everything before the enacting clause
  102  and insert:
  103                        A bill to be entitled                      
  104         An act relating to tree, timber, and vegetation
  105         trimming and removal; amending s. 163.3209, F.S.;
  106         revising applicability of a provision relating to
  107         vegetation maintenance and tree pruning or trimming
  108         within an established electric transmission and
  109         distribution line right-of-way; creating s. 589.37,
  110         F.S.; providing legislative findings; prohibiting the
  111         regulation of tree, timber, and vegetation trimming
  112         and removal performed by certain governmental entities
  113         under certain circumstances; providing applicability;
  114         providing an effective date.