HP0546, LD 797, item 1, An Act To Ensure Reliable Power Supply to Homes and Businesses

An Act To Ensure Reliable Power Supply to Homes and Businesses

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 35-A MRSA §2522, as amended by PL 2011, c. 623, Pt. B, §12, is further amended to read:

§ 2522. Maintenance of utility facilities

Notwithstanding any other provision of law, a transmission and distribution utility or entity authorized under section 2301 to construct lines may shall trim, cut or remove by cutting trees located within the public right-of-way of a public way and may shall trim or cut portions of trees encroaching upon the public right-of-way when necessary on either side of a line to a minimum of 20 feet from the line or to the edge of the public right-of-way, whichever is less. A transmission and distribution utility or entity authorized under section 2301 to construct lines shall ensure that every 5 years all areas along its lines are trimmed to ensure safe and reliable service if in accordance with the following:

1. Notice to applicable licensing authority. Notice is must be provided by the utility or entity to the applicable licensing authority, as defined in section 2502, at least 30 days before the trimming, cutting or removal of trees;

2. Consultation with applicable licensing authority. Upon request of the applicable licensing authority, the utility or entity consults shall consult with the applicable licensing authority before the trimming, cutting or removal of trees. Notice must be sent to each municipality in which trimming, cutting or removal of trees is to be conducted and the utility or entity shall consult with the applicable municipal licensing authority or, if none, the municipal officers before commencing operations. The municipal licensing authority or, if none, the municipal officers may elect to hold a public hearing on the utility's or entity's proposal and, if so, the utility or entity may not commence operations until after the public hearing has been held;

3. Public notice. Public notice is must be placed in at least 2 newspapers with circulation in the area where trimming, cutting or removal of trees is scheduled to occur at least 30 days before the trimming, cutting or removal of those trees. The notice must state that customers may request to be placed on the list, required under subsection 4, of persons who have requested to be personally consulted before the trimming, cutting or removal of trees;

4. Customer notice list. Before the trimming, cutting or removal of trees, the utility or entity confers shall confer with any person who requests personal consultation concerning the trimming, cutting or removal of trees on property in which the person has a legal interest. The utility or entity shall keep a list of persons who have requested personal consultation under this subsection. The utility or entity shall notify annually, in the form of a bill insert, all of the utility's or entity's customers of the opportunity to be on the list required under this subsection; and

5. Shade and ornamental trees. Before removing a shade or ornamental tree, the utility or entity consults shall consult with the owner of the land upon which the tree is located. For purposes of this subsection, "owner" includes a person who owns the underlying fee interest in land encumbered with a public easement.

This section does not apply to trimming, cutting or removal of trees undertaken in emergency situations.

summary

Under current law, a transmission and distribution utility or other entity authorized to construct lines may trim, cut or remove trees located within the public right-of-way and trim or cut portions of trees encroaching upon the public right-of-way when necessary to ensure safe and reliable service.

This bill instead requires that, to ensure safe and reliable service, a transmission and distribution utility or other entity authorized to construct lines trim, cut or remove trees located within the public right-of-way and trim or cut portions of trees encroaching upon the public right-of-way on either side of a line to a minimum of 20 feet from the line or to the edge of the public right-of-way, whichever is less, and directs that the utility or entity ensure that every 5 years all areas along its lines are trimmed.

HP0546 LD 797	Session - 127th Maine Legislature		LR 1276 Item 1
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