2023 -- H 5656

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LC001215

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- TREE WARDENS

     Introduced By: Representatives Kazarian, Solomon, Potter, Cruz, McNamara, McEntee,
Casimiro, Dawson, Carson, and Serpa

     Date Introduced: February 17, 2023

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 2-14-5 of the General Laws in Chapter 2-14 entitled "Tree Wardens"

is hereby amended to read as follows:

     2-14-5. Trees under control of warden — Entry on private property.

     (a) The tree warden in a town or city has the care and control of all trees and shrubs, in

whole or in part within the limits of any public road or grounds and within the limits of his or her

town or city, except those on roads under the control of the department of transportation and those

in public parks or grounds which are under the jurisdiction and control of the department of

environmental management or the park commission of any town or city. The tree warden may

assume the care and control of trees or shrubs in any public park if requested, in writing, by the

department of environmental management or the park commission of any city or town. The care

and control extends to any limbs, roots or parts of trees and shrubs that extend or overhang the

limits or bounds of any public road or grounds, and the tree warden, or his or her agent, or an

authorized agent of the department of transportation, or an authorized agent of the department of

environmental management, or an authorized agent of the park commission of any town or city,

may enter upon private property when necessary to exercise care and control.

     (b) Notwithstanding the provisions of subsection (a) of this section, an electric distribution

company acting pursuant to a vegetation management specifications and practices plan approved

by the division of public utilities and carriers under § 39-33-2 shall have the right to carry out the

vegetation management activities set forth in that approved vegetation management specifications

and practice plan.

     SECTION 2. Section 2-15-8 of the General Laws in Chapter 2-15 entitled "Protection of

Trees and Plants Generally" is hereby amended to read as follows:

     2-15-8. Permits for cutting or removal of plants or debris — Replacement of damaged

or removed trees.

     (a) Whenever any person, firm or corporation other than a tree warden or his or her deputy,

or an authorized agent of the department of transportation, or an authorized agent of the department

of environmental management, or an authorized agent of the park commission of any town or city,

or an electric distribution company that is effectuating a vegetation management specifications and

practices plan as approved by the division of public utilities and carriers pursuant to § 39-33-2,

desires the cutting or removal, in whole or in part, of any public shrub or ornamental or shade tree,

or the burning of any rubbish or debris upon any public highway or in any park or public grounds,

that person, firm or corporation shall apply in writing to the tree warden or the department of

transportation, the department of environmental management, or the park commission of any town

or city, as the case may be, for permission to do the cutting, removing or burning and shall obtain

a written permit before the cutting, removing or burning shall commence.

     (b) When the application is made for the cutting or removal of trees along any public

highway for the purpose of moving, constructing or demolishing any building, the permit shall

contain a provision that the applicant shall replace any trees that are removed or in the opinion of

the issuer are substantially damaged in the process at his or her own expense and file a bond in an

amount and with surety suitable to the issuer of the permit to assure performance of the same. The

sum of the diameter of the replacement trees shall be substantially equivalent to the sum of the

diameters of the trees which were cut or removed, and shall be planted within the immediate

community area.

     (c) Any person, firm, corporation or governmental entity that removes or substantially

damages, in whole or in part, any tree on public grounds shall replace the tree with a substantially

equivalent tree or trees, the sum of the diameters of which are equal to twice that removed or

damaged, in the immediate vicinity of the tree removed or damaged. This subsection does not apply

to a public utility or its authorized agent when the work being performed is in accordance with a

written tree trimming and tree replacement program filed with and approved by the tree warden in

the municipality where the work is being done or by the state forester for work to be performed on

state land and in municipalities that do not have functioning tree wardens or in accordance with a

vegetation management specifications and practices plan approved pursuant to § 39-33-2.

     SECTION 3. Section 11-35-1 of the General Laws in Chapter 11-35 entitled "Public

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Utilities" is hereby amended to read as follows:

     11-35-1. Consent of property owner required for electric lines — Tree-trimming —

Removal on notice.

     No Except as provided for in chapter 33 of title 39, no person shall place any electric wire,

apparatus, pole, bracket, insulator, or other device or appliance for the purpose of conducting

currents of electricity upon any private property without the consent of the owners or of the agent

of the owners; nor shall any electric wire, apparatus, pole, bracket, insulator, or other device or

appliance for the purpose of conducting currents of electricity be passed through or affixed to any

tree useful for shade or ornamental purposes, nor shall a tree be cut, trimmed, or interfered with,

except under the direction and immediate supervision of the surveyor of highways in whose district

the tree is located; provided, that any owner or agent may give notice in writing to the person or

corporation owning any electric wire, apparatus, pole, bracket, insulator, or other device or

appliance for the purpose of conducting currents of electricity when it shall have been so placed

with the consent of the owner or agent, to remove it or any of them from any private property within

thirty (30) days after the delivery of the notice, and that, in default of the removal in accordance

with the terms of the notice, the owner or agent may remove them or any of them.

     SECTION 4. Section 34-20-1 of the General Laws in Chapter 34-20 entitled "Trespass and

Actions for Possession" is hereby amended to read as follows:

     34-20-1. Liability for unauthorized cutting of trees or wood.

     Every Except as provided for in chapter 33 of title 39, every person who shall cut, destroy,

or carry away any tree, timber, wood or underwood whatsoever, lying or growing on the land of

any other person, without leave of the owner thereof, shall, for every such trespass, pay the party

injured twice the value of any tree so cut, destroyed, or carried away; and for the wood or

underwood, thrice the value thereof; to be recovered by civil action.

     SECTION 5. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND

CARRIERS" is hereby amended by adding thereto the following chapter:

CHAPTER 33

VEGETATION MANAGEMENT FOR ELECTRIC SYSTEM RELIABILITY

     39-33-1. Legislative findings.

     The general assembly finds and declares:

     (1) Global climate change is increasing the frequency and intensity of storm events, and is

increasing the number of harmful pests and fungi that threaten local trees and other vegetation;

     (2) Tree-related damage is a leading cause of power outages, and these risks are amplified

during storm events;

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     (3) Power restoration efforts are vital; however, these efforts are costly endeavors for local

ratepayers and our economy, and sound vegetation management practices can reduce the likelihood

of outages and mitigate risks to customers;

     (4) Electric system reliability is paramount for a modern and vibrant economy, and is

critical to the safety and well-being of all citizens; and

     (5) A uniform and streamlined process for authorizing the electric distribution company’s

management of vegetation that encroaches upon or is likely to encroach upon electric distribution

system equipment will help drive system- and cost-efficiencies across the grid and ensure

communities and property owners are treated equitably across the state.

     39-33-2. Vegetation management specifications and practices plan.

     (a) Each electric distribution company as defined by §39-1-2(a) having greater than one

hundred thousand (100,000) customers shall file with the division of public utilities and carriers a

vegetation management specifications and practices plan for application across its service territory.

     (b) The vegetation management specifications and practices plan shall, at a minimum,

include the following:

     (1) Specifications, under various design scenarios, for vegetation clearing on and around

utility infrastructure along public and private rights of way;

     (2) A notification process for municipalities, state agencies, and/or private property owners

that may be impacted by vegetation management activities. This process shall provide notification

to affected parties at least thirty (30) days in advance of any scheduled vegetation management

activity and allow for exclusions to preserve public safety and/or respond to storm or other

emergency events;

     (3) Establishment of a “right tree, right place” program that details the types of trees and

other vegetation that can be safely planted near utility-owned power lines and other electric system

infrastructure, and under what conditions. The electric distribution company may partner with

community or nonprofit organizations in the development and/or communication of this program;

and

     (4) A website hosted by the electric distribution utility that includes a copy of the proposed

or approved vegetation management specifications and practices plans, and related reference and

educational materials including those materials developed pursuant to § 39-33-2(b)(3).

     (c) Upon receipt, the division of public utilities and carriers shall post the proposed

vegetation management specifications and practices plan on its website and conduct a review of

the proposed plan to ensure it complies with industry standards, accounts for the impacts of a

changing climate, and facilitates the operation of a safe and highly reliable electric distribution

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system for all ratepayers.

     (1) The division of public utilities and carriers shall accept public comment on the proposed

vegetation management specifications and practices plan for at least thirty (30) days prior to

rendering a decision to approve, approve with modifications, or deny the plan, which shall be issued

in writing within ninety (90) days of receipt.

     (2) If modifications are specified in the division of public utilities and carriers’ decision,

the electric distribution company may file a revised vegetation management specifications and

practices plan for review and approval within thirty (30) days of receipt of the written decision.

     (d)(1) Notwithstanding any other provision of law or ordinance, upon approval by the

division of public utilities and carriers, the electric distribution company shall be authorized to

implement its vegetation management specifications and practices plan across its service territory.

     (2) Notwithstanding the notice provisions described in subsection (b)(2) of this section,

state and local permits, licenses, assents, variances, or any other form of authorizations or approvals

shall not be required for vegetation management activities that are part of a vegetation management

specifications and practices plan that has been approved by the division of public utilities and

carriers pursuant to this chapter.

     (e) The electric distribution company shall be permitted to seek recovery of all reasonable

costs incurred under this section, inclusive of those reasonable costs incurred by the division of

public utilities and carriers to purchase materials and to employ on a contract or other basis any

utility experts necessary to comply with this section, through filings made pursuant to § 39-1-

27.7.1.

     (f) The electric distribution company shall file an updated vegetation management

specifications and practices plan with the division of public utilities and carriers at least once every

four (4) years.

     39-33-3. Existing rights of electric distribution companies.

     Nothing in this chapter shall be interpreted to limit or restrict the rights that electric

distribution companies currently have to conduct vegetation management activities provided by

existing statute or regulation, including, but not limited to, those rights conferred by 650 RICR 20-

00-9.6 and 250 RICR 150-15-3.6, as amended.

     39-33-4. Liberal construction of chapter required.

     This chapter shall be construed liberally in aid of its declared purposes.

     39-33-5. Severability.

     If any provision of this chapter or the application thereof to any person or circumstances is

held invalid, the invalidity shall not affect other provisions or applications of the chapter that can

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be given effect without the invalid provision or application, and to this end the provisions of this

chapter are declared to be severable.

     SECTION 6. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- TREE WARDENS

***

     This act would require an electric distribution company to develop and act pursuant to a

vegetation management plan approved by the division of public utilities carriers (DPUC) to carry

out vegetation management activities for vegetation clearing on and around utility infrastructure

along public and private rights of way.

     This act would take effect upon passage.

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