Florida Senate - 2018                              CS for SB 574
       
       
        
       By the Committee on Community Affairs; and Senator Steube
       
       
       
       
       
       578-03174-18                                           2018574c1
    1                        A bill to be entitled                      
    2         An act relating to tree and vegetation trimming and
    3         removal; amending s. 163.3209, F.S.; providing
    4         legislative findings; providing that local governments
    5         are liable for electric utility restoration costs
    6         under certain conditions; specifying a time limit for
    7         an electric utility to invoice a local government for
    8         such costs; specifying a burden of proof; deleting a
    9         requirement that an electric utility must meet with a
   10         local government upon request to discuss and submit
   11         the utility’s vegetation maintenance plan; deleting a
   12         provision regarding applicability to specimen trees,
   13         historical trees, or canopy protection areas;
   14         providing applicability when a local government and an
   15         electric utility agree on a written plan for certain
   16         specified purposes; creating s. 589.37, F.S.;
   17         providing legislative findings; prohibiting local
   18         governments from requiring permits or other approvals
   19         for vegetation maintenance and tree pruning or
   20         trimming within an established right-of-way managed by
   21         a water management district, water control district,
   22         or special district exercising chapter 298 powers;
   23         defining the term “vegetation maintenance and tree
   24         pruning or trimming”; specifying an exception;
   25         requiring water management districts, water control
   26         districts, and special districts exercising chapter
   27         298 powers to provide certain advance notice before
   28         conducting vegetation maintenance under certain
   29         conditions; providing applicability; prohibiting the
   30         application of certain tree-related local regulations
   31         during emergencies; providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 163.3209, Florida Statutes, is amended
   36  to read:
   37         163.3209 Electric transmission and distribution line right
   38  of-way maintenance.—
   39         (1)The Legislature finds that the uncontrolled growth of
   40  trees and vegetation within electric transmission and
   41  distribution rights-of-way may compromise the function of
   42  electric facilities, leading to extended electrical outages and
   43  adversely impacting public health and safety.
   44         (2) After a right-of-way for any electric transmission or
   45  distribution line has been established and constructed, a no
   46  local government may not shall require or apply any permits or
   47  other approvals or code provisions for or related to vegetation
   48  maintenance and tree pruning or trimming within the established
   49  right-of-way. The term “vegetation maintenance and tree pruning
   50  or trimming” means the mowing of vegetation within the right-of
   51  way, removal of trees or brush within the right-of-way, and
   52  selective removal of tree branches that extend within the right
   53  of-way. The requirements provisions of this section do not apply
   54  to include the removal of trees outside the right-of-way, which
   55  may be allowed in compliance with applicable local vegetation
   56  plans, ordinances, or practices. However, if an electric utility
   57  provides written notice to a local government that its local
   58  vegetation management plan, ordinances, or practices may
   59  adversely impact electric reliability by allowing trees or other
   60  vegetation to be planted where, at mature height or width, the
   61  trees or other vegetation may conflict with electric facilities
   62  in either normal or inclement weather, the local government is
   63  liable to the electric utility for all reasonable restoration
   64  costs thereafter incurred by the electric utility attributable
   65  to damages or electrical outages caused by such trees or other
   66  vegetation. An electric utility must invoice the local
   67  government for all such restoration costs within 120 days after
   68  any event of loss. In any civil action by an electric utility
   69  against a local government to recover such damages, the burden
   70  of proof shifts to the local government to demonstrate that the
   71  damages are not attributable to the trees or other vegetation or
   72  that the damages are otherwise in amounts less than those
   73  claimed by the electric utility ordinances.
   74         (3)Before Prior to conducting scheduled routine vegetation
   75  maintenance and tree pruning or trimming activities within an
   76  established right-of-way, the electric utility must shall
   77  provide the official designated by the local government with a
   78  minimum of 5 business days’ advance notice. Such advance notice
   79  is not required for vegetation maintenance and tree pruning or
   80  trimming required to restore electric service or to avoid an
   81  imminent vegetation-caused outage or when performed at the
   82  request of the property owner adjacent to the right-of-way,
   83  provided that the owner has approval of the local government, if
   84  needed. Upon the request of the local government, the electric
   85  utility shall meet with the local government to discuss and
   86  submit the utility’s vegetation maintenance plan, including the
   87  utility’s trimming specifications and maintenance practices.
   88         (4) Vegetation maintenance and tree pruning or trimming
   89  conducted by utilities must shall conform to ANSI A300 (Part I)
   90  2001 pruning standards and ANSI Z133.1-2000 Pruning, Repairing,
   91  Maintaining, and Removing Trees, and Cutting Brush—Safety
   92  Requirements. Vegetation maintenance and tree pruning or
   93  trimming conducted by utilities must be supervised by qualified
   94  electric utility personnel or licensed contractors trained to
   95  conduct vegetation maintenance and tree trimming or pruning
   96  consistent with this section or by Certified Arborists certified
   97  by the Certification Program of the International Society of
   98  Arboriculture. A local government may shall not adopt an
   99  ordinance or land development regulation that requires the
  100  planting of a tree or other vegetation that will achieve a
  101  height greater than 14 feet in an established electric utility
  102  right-of-way or intrude from the side closer than the clearance
  103  distance specified in Table 2 of ANSI Z133.1-2000 for lines
  104  affected by the North American Electric Reliability Council
  105  Standard, FAC 003.1 requirement R1.2.
  106         (5) This section does not supersede or nullify the terms of
  107  specific franchise agreements between an electric utility and a
  108  local government and may shall not be construed to limit a local
  109  government’s franchising authority. This section does not
  110  supersede local government ordinances or regulations governing
  111  planting, pruning, trimming, or removal of specimen trees or
  112  historical trees, as defined in a local government’s ordinances
  113  or regulations, or trees within designated canopied protection
  114  areas.
  115         (6) This section does shall not apply if a local government
  116  and an electric develops, with input from the utility agree on,
  117  and the local government adopts, a written plan specifically for
  118  vegetation maintenance, tree pruning, tree removal, and tree
  119  trimming by the utility within the local government’s
  120  established rights-of-way and the plan is not inconsistent with
  121  the minimum requirements of the National Electrical Safety Code
  122  as adopted by the Public Service Commission; provided, however,
  123  such a plan shall not require the planting of a tree or other
  124  vegetation that will achieve a height greater than 14 feet in an
  125  established electric right-of-way. Vegetation maintenance costs
  126  shall be considered recoverable costs.
  127         Section 2. Section 589.37, Florida Statutes, is created to
  128  read:
  129         589.37Tree and vegetation maintenance within established
  130  flood and drainage rights-of-way.—
  131         (1)The legislature finds that water management districts,
  132  water control districts, and special districts authorized to
  133  exercise powers under chapter 298 establish and manage public
  134  rights-of-way for the purpose of flood protection and drainage
  135  control. Uncontrolled growth of trees and vegetation within
  136  rights-of-way established for these purposes may compromise the
  137  function of such rights-of-way and, left unaddressed, may
  138  adversely impact public health and safety and may adversely
  139  affect other adjacent jurisdictions.
  140         (2)After a right-of-way for flood protection or drainage
  141  control has been established and constructed by a water
  142  management district, a water control district, or a special
  143  district authorized to exercise powers under chapter 298, a
  144  local government may not require any permits or other approvals
  145  for vegetation maintenance and tree pruning or trimming within
  146  the established right-of-way. The term “vegetation maintenance
  147  and tree pruning or trimming” means the mowing of vegetation
  148  within the right-of-way, removal of trees or brush within the
  149  right-of-way, and selective removal of tree branches that extend
  150  within the right-of-way. The provisions of this section do not
  151  include the removal of trees or vegetation outside the right-of
  152  way, which may be authorized in accordance with applicable local
  153  ordinances.
  154         (3)Before conducting scheduled routine vegetation and tree
  155  maintenance activities within an established right-of-way, a
  156  water management district, water control district, or special
  157  district authorized to exercise powers under chapter 298 must
  158  provide the official designated by the local government with a
  159  minimum of 5 business days’ advance notice. Such advance notice
  160  is not required when maintenance is necessary to avoid imminent
  161  threat to public safety.
  162         (4)This section does not limit the licensing and
  163  regulation by local governments of persons engaged in vegetation
  164  maintenance and tree pruning or trimming.
  165         (5)This section does not prohibit a water management
  166  district, water control district, or special district authorized
  167  to exercise powers under chapter 298 from entering into
  168  agreements with local governments to perform maintenance
  169  services for the water management district, water control
  170  district, or special district authorized to exercise powers
  171  under chapter 298.
  172         (6)This section does not prohibit a local government with
  173  delegated authority from the Department of Environmental
  174  Protection from implementing a mangrove regulatory program
  175  pursuant to s. 403.9324.
  176         (7)This section does not apply to the exercise of
  177  specifically delegated authority for mangrove protection
  178  pursuant to ss. 403.9321-403.9333.
  179         (8)Local government regulations regarding the maintenance,
  180  pruning, or removal of trees or vegetation may not apply to such
  181  activities conducted at a single-family home, in an area zoned
  182  for residential use, during an emergency declared pursuant to s.
  183  252.36.
  184         Section 3. This act shall take effect July 1, 2018.