[Trees-executive] Fwd: Summary of HB1776

[Pauline Bartolone]

>From: "Gretchen E. Knapp" <geknapp at davesworld.net>
>To: geknapp at davesworld.net
>Subject: Summary of HB1776
>Date: Mon, 09 Apr 2001 13:07:58 -0500
>
>Dear Concerned Citizens:
>
>	Here is a link to House Bill 1776 sponsored by Reps. Rutherford,
>Novak, Brady, Hoeft, Berns and Winkel.  It passed the House on Friday
>4/6/01.  Please note that it was amended.  It's now in the Senate.
>
>	Friends, I'm no lawyer, but I don't understand why our Rep. Brady
>couldn't explain some of this bill to us this past Saturday.  Read on.
>It's long, but
>well worth reading.  This is what government is all about.
>
>	Here are the salient points:
>
>	1.  The utilities no longer have to follow the tree-trimming guidelines
>of the International Society of Arboriculture!   They must continue to 
>follow
>ANSI and OSHA guidelines. (American National Standards Institute and
>Occupational Safety and Health Administration).
>
>	2.  Direct notice of tree-trimming activities must be sent to the mayor
>of an incorporated municipality or the chairman of the county board in an
>unincorporated area no less than 21 daysnor more than 90 days before tree-
>trimming begins.
>
>	3.  Affected customers shall be notified directly.  (It doesn't say how
>or by whom or when.)
>
>	4.  Affected property owners shall be notified by a published notice in a
>newspaper or newspapers in general circulation and widely distributed 
>within
>the entire area in which the vegetation management activities noticed will
>occur.
>
>(Yikes!  What happens if you don't subscribe to the newspaper?)
>
>	5.  Circuit maps or a description by common address of the area to be
>affected by vegetation management activities must accompany any notice to a
>mayor
>or a chairman of a county board.  (And then what happens to these maps?)
>
>	6.  The electric public utility giving the direct and published notices 
>shall
>provide notified customers and property owners with a statement of the
>vegetation
>management activites planned, the address of a website and toll-free
>telephone number
>at which a written disclosure of all dispute resolution opportunities and
>processes,
>rights, and remedies provided by the utility may be obtained (why can't
>they send
>this along with the statement of activities?), and a statement that the
>customer AND
>the property owner may appeal the planned activities through the public
>utility and
>the ICC, a toll-free telephone number to a representative of the utility,
>and the telephone
>number of the ICC consumer affairs officer.  The notice will state that the
>circuit maps
>are on file in the mayor's or county board chairman's office.
>
>7.  The ICC will have sole authority to investigate, issue, and hear
>complaints against the utility.
>
>8.  The power comapny doesn't have to do any of the above if it is taking
>actions directly related to an emergency.
>
>9.  The power company isn't required to comply with above if there is a
>franchise, contract, or written agreement between the utility and the city
>or county mandating specific vegetation management practices.
>
>10. If no franchise/contract/written agreement exists between the utility
>and the city/county and the municipality enacts
>an ordinance establishing standards for tree-trimming that are contrary to
>the established standards above, the utility
>may apply to the city for payment of additinal costs before the
>tree-trimming begins.  No tree-trimming will occur until
>the city responds to the application.  If the city doesn't respond in 90
>days, the utility may proceed and trim as it wants to.
>
>11.  Vegetation management activities by an electric public utility shall
>not alter, trespass upon, or limit the rights of any property owner.  (What
>exactly does this mean?  What about easements?)
>
>Here is the link to the legislation:
>  http://www.legis.state.il.us/scripts/imstran.exe?LIBSINCWHB1776

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