Bill Text: NJ S97 | 2016-2017 | Regular Session | Introduced
Bill Title: Requires electric public utilities to conduct vegetation management adjacent to service lines on certain real properties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-12 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S97 Detail]
Download: New_Jersey-2016-S97-Introduced.html
Sponsored by:
Senator JIM WHELAN
District 2 (Atlantic)
SYNOPSIS
Requires electric public utilities to conduct vegetation management adjacent to service lines on certain real properties.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning certain vegetation management activity and supplementing Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Dangerous vegetation" means a tree, shrub, plant, or any other vegetation growing in, near, or adjacent to a service line of an electric public utility, which may fall into, touch, affect, or otherwise interfere with the service line, as determined by the electric public utility, but shall not include any shade or ornamental tree or shrubbery under the jurisdiction of any county or municipal shade tree commission established pursuant to R.S.40:37-1 et seq. or R.S.40:64-1 et seq., respectively.
"Electric distribution line" means a wire, line, pole, or other structure or facility which carries electricity from an electric public utility substation to end users, but shall not include a service line to an end user.
"Electric public utility" means a public utility, as that term is defined in R.S.48:2-13, that is under the jurisdiction of the Board of Public Utilities, is investor-owned, and transmits and distributes electricity to end users within this State.
"Multiple dwelling" shall have the same meaning as provided in section 3 of P.L.1991, c.441 (C.40A:21-3).
"Operating area" means a defined geographical service territory where an electric public utility distributes electricity to end users as approved by the board.
"Service line" means an electric line, wire, or cable of an electric public utility that connects the electric public utility's electric distribution line to any building or other structure for the purpose of providing electric service to that building or other structure.
2. a. Notwithstanding the provisions of any law, rule, regulation, or order to the contrary, no later than 10 business days after the sale of any real property, the purchaser of that real property shall provide written notice of the address and purchase of the real property, by certified mail, return receipt requested, to the electric public utility whose operating area includes the location of the real property. If the real property involves a multiple dwelling, the notice requirement shall apply only when the ownership of the entire multiple dwelling has been purchased.
b. Within 45 calendar days of the date of notice required under subsection a. of this section, an electric public utility that received notice shall inspect its service line to every building or other structure receiving electric service on the real property for which the notice was received. If, as a result of the inspection required pursuant to this subsection, the electric public utility finds the presence of any dangerous vegetation on the real property, the electric public utility shall, within five business days, notify the property owner, by certified mail, return receipt requested, of the presence of dangerous vegetation.
c. Within 40 calendar days after the notice of the presence of dangerous vegetation required under subsection b. of this section, the electric public utility shall utilize all available methods, including, but not limited to, clearing, moving, cutting, or destroying to remove, or replace maintain dangerous vegetation on the owner's real property in a manner so that the remaining vegetation is not proximate to the service line so as not to fall into, touch, affect, or otherwise interfere with the service line for at least four calendar years from the date of the utility's action taken pursuant to the provisions of this subsection, provided that the electric public utility has not conducted the necessary vegetation management on the real property in the previous four calendar years.
3. This act shall take effect immediately, but shall remain inoperative for 60 days following the date of enactment.
STATEMENT
This bill requires an electric public utility (utility) to conduct vegetation management adjacent to the utility's service line on real property (property) that was recently purchased if the utility finds the presence of dangerous vegetation on the property upon notification of the purchase of the property from the property owner. The requirement to conduct vegetation management is not to apply to any vegetation owned by a county or municipal shade tree commission. The bill defines "dangerous vegetation" as a tree, shrub, plant, or any other vegetation growing in, near, or adjacent to a service line of the utility, which may fall into, touch, affect, or otherwise interfere with the service line, as determined by the utility.
The bill establishes a schedule for the notification and inspection of the property. The property owner is to notify in writing the utility, whose operating area includes the property, of the purchase of the property no later than 10 business days after the date of sale. If the property involves a multiple dwelling, the notice requirement is to apply only when the entire multiple dwelling has been purchased. Within 45 calendar days after the date of notice from the property owner, the utility receiving notice is to inspect its service line to every building or other structure receiving electric service on the property for which the notice was received. If, as a result of the inspection, the utility finds the presence of any dangerous vegetation on the property, the utility shall, within five business days, notify the property owner in writing of the presence of dangerous vegetation. Within 40 calendar days after providing notice to the property owner of the presence of dangerous vegetation, the utility is to utilize all available methods, including, but not limited to, clearing, moving, cutting, or destroying to remove or replace the dangerous vegetation on the owner's property so that the remaining vegetation is not proximate to the service line so as not to fall into, touch, affect, or otherwise interfere with the service line for at least four calendar years from the date of the utility's action, provided that the utility has not conducted this type of vegetation management on the property in the previous four calendar years.
