AN
ACT Relating to limiting the liability of electric utilities for efforts
undertaken to protect their facilities from damage that might be caused by
vegetation; amending RCW 4.24.630; and adding a new section to chapter 64.12
RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 64.12 RCW to read as follows:
(1)
An electric utility is immune from liability under RCW 64.12.030, 64.12.040,
and 4.24.630 and any claims for general or special damages, including claims of
emotional distress, for cutting or removing vegetation located on or
originating from land or property adjacent to electric facilities that:
(a)
Has come in contact with or caused damage to electric facilities;
(b)
Poses an imminent hazard to the general public health, safety, or welfare and
the electric utility provides notice and makes a reasonable effort to obtain an
agreement from the resident or property owner present on the property to trim
or remove such hazard. For purposes of this subsection (1)(b), notice may be
provided by posting a notice or flier in a conspicuous location on the affected
property that gives a good faith estimate of the time frame in which the
electric utility's trimming or removal work must occur, specifies how the
electric utility may be contacted, and explains the responsibility of the
resident or property owner to respond pursuant to the requirements of the
notice. An electric utility may act without agreement if the resident or
property owner fails to respond pursuant to the requirements of the notice. No
notice or agreement is necessary if the electric utility's action is necessary
to protect life, property, or restore electric service; or
(c)
Poses a potential threat to damage electric facilities and the electric utility
attempts written notice by mail to the last known address of record indicating
the intent to act or remove vegetation and secures agreement from the affected
property owner of record for the cutting, removing, and disposition of the
vegetation. Such notice shall include a brief statement of the need and nature
of the work intended that will impact the owner's property or vegetation, a
good faith estimate of the time frame in which such work will occur, and how
the utility can be contacted regarding the cutting or removal of vegetation.
If the affected property owner fails to respond to a notice from the electric
utility within two weeks of the date the electric utility provided notice, the
electric utility may secure agreement from a resident of the affected property
for the cutting, removing, and disposition of vegetation.
(2)(a)
A hazard to the general public health, safety, or welfare is deemed to exist
when:
(i)
Vegetation has encroached upon electric facilities by overhanging or growing in
such close proximity to overhead electric facilities that it constitutes an
electrical hazard under applicable electrical construction codes or state and
federal health and safety regulations governing persons who are employed or
retained by, or on behalf of, an electric utility to construct, maintain,
inspect, and repair electric facilities or to trim or remove vegetation; or
(ii)
Vegetation is visibly diseased, dead, or dying and has been determined by a
qualified forester or certified arborist employed or retained by, or on behalf
of, an electric utility to be of such proximity to electric facilities that
trimming or removal of the vegetation is necessary to avoid contact between the
vegetation and electric facilities.
(b)
The factors to be considered in determining the extent of trimming required to
remove a hazard to the general public health, safety, or welfare may include
normal tree growth, the combined movement of trees and conductors under adverse
weather conditions, voltage, and sagging of conductors at elevated
temperatures.
(3)
A potential threat to damage electric facilities exists when vegetation is of
such size, condition, and proximity to electric facilities that it can be
reasonably expected to cause damage to electric facilities and, based upon this
standard, the vegetation has been determined to pose a potential threat by a
qualified forester or certified arborist employed or retained by or on behalf
of an electric utility.
(4)
For the purposes of this section:
(a)
"Electric facilities" means lines, conduits, ducts, poles, wires,
pipes, conductors, cables, cross-arms, receivers, transmitters, transformers,
instruments, machines, appliances, instrumentalities, and all devices and
apparatus used, operated, owned, or controlled by an electric utility, for the
purposes of manufacturing, transforming, transmitting, distributing, selling,
or furnishing electricity.
(b)
"Electric utility" means an electrical company, as defined under RCW
80.04.010, a municipal electric utility formed under Title 35 RCW, a public
utility district formed under Title 54 RCW, an irrigation district formed under
chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, and a mutual
corporation or association formed under chapter 24.06 RCW, that is engaged in
the business of distributing electricity in the state.
(c)
"Vegetation" means trees, timber, or shrubs.
Sec.
2. RCW
4.24.630 and 1994 c 280 s 1 are each amended to read as follows:
(1)
Every person who goes onto the land of another and who removes timber, crops,
minerals, or other similar valuable property from the land, or wrongfully
causes waste or injury to the land, or wrongfully injures personal property or
improvements to real estate on the land, is liable to the injured party for
treble the amount of the damages caused by the removal, waste, or injury. For
purposes of this section, a person acts "wrongfully" if the person
intentionally and unreasonably commits the act or acts while knowing, or having
reason to know, that he or she lacks authorization to so act. Damages
recoverable under this section include, but are not limited to, damages for the
market value of the property removed or injured, and for injury to the land, including
the costs of restoration. In addition, the person is liable for reimbursing
the injured party for the party's reasonable costs, including but not limited
to investigative costs and reasonable attorneys' fees and other
litigation-related costs.
(2)
This section does not apply in any case where liability for damages is provided
under RCW 64.12.030, 79.01.756, 79.01.760, ((or)) 79.40.070, or where
there is immunity from liability under section 1 of this act.
NEW SECTION. Sec. 3. 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.
