S-3762

AN ACT Relating to vegetation hazards near overhead transmission lines; adding a new section to chapter 80.28 RCW; adding a new section to chapter 54.16 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 4.24 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that maintaining the reliability of the state's electricity system is essential for the public's health and safety, especially during severe winter storms. The legislature further finds that untrimmed trees growing too close to power lines have recently contributed to significant and potentially fatal power outages in the state and that programs are needed to avoid a repeat of these conditions.

NEW SECTION. Sec. 2. A new section is added to chapter 80.28 RCW to read as follows:

By September 1, 1992, the commission shall adopt rules that specify procedures relating to the removal of trees or other vegetation that constitute a hazard to overhead electric lines owned by an electric company. At a minimum, the rules shall require:

(1) Each electric company to conduct an annual visual inspection of all electric lines owned by the company;

(2) Guidelines for determining what constitutes a tree hazard or other vegetation hazard to electric lines;

(3) Electric companies to notify property owners if any trees or other vegetation are determined to be a hazard to electric lines;

(4) A ninety-day period for property owners to remove the hazard to the electric line;

(5) That, if the tree hazard or vegetation hazard has not been removed after the ninety-day period, the electric company must notify property owners that the electric company will remove the hazard and may include the cost of the removal on the electric bill of the property owner; and

(6) Electric companies to annually report to the commission on the status of removing tree hazards or vegetation hazards, any lawsuits that have been filed against the company related to removal of tree hazards or vegetation hazards, and a description of any outages caused by tree hazards or vegetation hazards.

NEW SECTION. Sec. 3. A new section is added to chapter 54.16 RCW to read as follows:

By September 1, 1993, any district distributing electric energy shall by resolution specify procedures relating to the removal of trees or other vegetation that constitute a hazard to overhead electric lines owned by the district. At a minimum, the resolution shall require:

(1) The district to conduct an annual visual inspection of all electric lines owned by the district;

(2) Guidelines for determining what constitutes a tree hazard or other vegetation hazard to electric lines;

(3) The district to notify property owners if any trees or other vegetation are determined to be a hazard to electric lines;

(4) A ninety-day period for property owners to remove the hazard to the electric line;

(5) That, if the tree hazard or vegetation hazard has not been removed after the ninety-day period, the district must notify property owners that the district will remove the hazard and may include the cost of the removal on the electric bill of the property owner; and

(6) The district to annually report to the energy and utilities committees of the legislature on the status of removing tree hazards or vegetation hazards, any lawsuits that have been filed against the district related to removal of tree hazards or vegetation hazards, and a description of any outages caused by tree hazards or vegetation hazards.

NEW SECTION. Sec. 4. A new section is added to chapter 35.21 RCW to read as follows:

By September 1, 1993, any city or town distributing electric energy shall by general ordinance specify procedures relating to the removal of trees or other vegetation that constitute a hazard to overhead electric lines owned by the city or town. At a minimum, the resolution shall require:

(1) The city or town to conduct an annual visual inspection of all electric lines owned by the city or town;

(2) Guidelines for determining what constitutes a tree hazard or other vegetation hazard to electric lines;

(3) The city or town to notify property owners if any trees or other vegetation are determined to be a hazard to electric lines;

(4) A ninety-day period for property owners to remove the hazard to the electric line;

(5) That, if the tree hazard or vegetation hazard has not been removed after the ninety-day period, the city or town must notify property owners that the city or town will remove the hazard and may include the cost of the removal on the electric bill of the property owner; and

(6) The city or town to annually report to the energy and utilities committees of the legislature on the status of removing tree hazards or vegetation hazards, any lawsuits that have been filed against the city or town related to removal of tree hazards or vegetation hazards, and a description of any outages caused by tree hazards or vegetation hazards.

NEW SECTION. Sec. 5. A new section is added to chapter 4.24 RCW to read as follows:

It is a defense in a civil action brought for damages for injury, damage to trees or vegetation, or unintentional damage to other real property when an entity providing electric service removes trees or vegetation and complies with the applicable rules, resolutions, or general ordinances developed under the following:

(1) For electric companies, under section 2 of this act;

(2) For public utility districts, under section 3 of this act; and

(3) For municipalities, under section 4 of this act.

NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.