SENATE BILL REPORT

SB 6497

BYSenators Benitz, Madsen and Stratton

Authorizing municipalities and utilities to direct removal or destruction of hazardous vegetation.

Senate Committee on Energy & Utilities

Senate Hearing Date(s):January 22, 1988; January 29, 1988

Majority Report:  That Substitute Senate Bill No. 6497 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Benitz, Chairman; Madsen, Nelson, Owen, Stratton.

Senate Staff:Veronica Lewis (786-7455); Phil Moeller (786-7455)

AS REPORTED BY COMMITTEE ON ENERGY & UTILITIES, JANUARY 29, 1988

BACKGROUND:

Municipalities and utilities experience circumstances in which vegetation (such as overhanging tree branches and underground roots) interferes with and constitutes a hazard to overhead and underground utility lines or related equipment.

RCW 35.21.310 allows municipalities to adopt general ordinances requiring property owners to remove or destroy vegetation which either obstructs sidewalks or streets, constitutes a fire hazard, or is a menace to public safety.  If the property owner does not act after five days' notice, the city or town may provide for removal.  The cost to the municipality may become a charge against the owner of the property and a lien against the property.

There is concern that present statutes are not specific enough to cover the interference with overhead or underground utility lines or related equipment.  Further, counties do not have clear authority to cause the removal of vegetation which interferes with utility lines.

SUMMARY:

The authority of municipalities which allows the adoption of a general ordinance to cause the removal or destruction of hazardous vegetation is extended to vegetation which contacts or otherwise constitutes a hazard to overhead or underground utility lines or related equipment.  The ordinance may provide for direct billing of the owner if the municipality must cause such removal or destruction.

The existing authority which allows municipalities to adopt ordinances relating to hazardous vegetation is extended to counties.  The ordinances may address overhead or underground utility lines or related equipment.  County ordinances must contain procedural and notification requirements now required of municipal ordinances.  Counties may also directly bill owners for causing the removal of hazardous vegetation and these charges may become a lien placed against the property.

EFFECT OF PROPOSED SUBSTITUTE:

Utilities are financially responsible for the removal of hazardous vegetation surrounding utility lines.  The ordinances of cities and counties must provide for a procedure to challenge a utility's decision to remove vegetation.  If the decision of the utility is affirmed, the removal expenses may be billed directly to the owner.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Ron Newbry, Pacific Power; Steve Church, Seattle City Light; Grag Hanon, Tacoma City Light; J. L. Hameline, Tacoma City Light; Randy Scott, Seattle City Light