"Vegetation Management Response Act"; concerns vegetation management related to electric public utility infrastructure.

A1029

ASSEMBLY, No. 1029

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Co-Sponsored by:

Assemblyman DePhillips, Assemblywomen Murphy and Dunn

SYNOPSIS

���� "Vegetation Management Response Act";
concerns vegetation management related to electric public utility
infrastructure.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning vegetation management related to
electric utility infrastructure
,

supplementing Title 48 of the Revised Statutes, and amending various parts of
the statutory law.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� (New section) This act
shall be known and may be cited as the �Vegetation Management Response Act.�

���� 2.��� (New section)� a.� The
Legislature finds and declares that:

���� (1)� Unprecedented damage was
inflicted on the State and its citizens by Superstorm Sandy, Hurricane Irene,
the June 2012 Derecho, and the October 2011 snow storm.

���� (2)� Estimated damage from
these storms includes approximately 11,400 downed or damaged utility poles,
155,000 downed trees, 60 flooded substations, and six million customer outages.

���� (3)� Superstorm Sandy alone
led to the loss of approximately 116 overhead electric transmission lines and
117,000 trees and damage to over 71 percent of all electric distribution
circuits and approximately 5,000 overhead and pad mounted electric
transformers.� The destruction caused by Superstorm Sandy required assistance
from more than 20,000 out-of-State electric public utility workers.

���� (4)� The March 2018
nor�easters left hundreds of thousands of New Jersey residents and businesses
without power and, as a result, the Board of Public Utilities ordered the
State�s four electric public utilities to undertake additional efforts to
better prepare electric public utilities for any major weather event in the
future.

���� b.��� The Legislature
therefore determines that it is necessary to authorize electric public
utilities to maintain, remove, and replace dangerous vegetation to prevent
power disruptions and preserve the uninterrupted transmission and distribution
of power in this State.

���� 3.��� (New section) As used in
section 1 through 4 and section 10 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill):

���� �ANSI� means the American
National Standards Institute.

���� �Board� means the Board of
Public Utilities.

���� �Dangerous vegetation� means a
tree, shrub, plant, or any other vegetation growing in, near, or adjacent to
the electric public utility�s right of way, and the electric distribution and
transmission system, but not including a service line to an individual
customer, which may electric distribution line, as determined by the electric

public utility or local government
entity having control of the right of way.

���� ��Distribution line� means a
wire, line, pole, and other structure and facility which carries electricity
from an electric public utility substation to customers, but not including a
service line to an individual customer.

���� �Electric public utility� or
�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.

���� �Transmission line� means a
line or cable, including the supporting structures and appurtenant facilities,
which carries electricity from a generating plant to an electric substation.

���� �Vegetation management� means
the clearing, moving, cutting, or destroying to remove, replace as reasonable
and necessary, or maintain dangerous vegetation.

���� 4.��� (New section)� a.�
Notwithstanding the provisions of the �New Jersey Shade Tree and Community
Forestry Assistance Act,� P.L.1996, c.135 (C.13:1L-17.1 et al.) or any other
provision of law, rule, regulation, or order to the contrary, to ensure the
continued reliable supply of electricity in this State, an electric public
utility is authorized to:

���� (1)� utilize all reasonably
available methods according to ANSI A300 tree care standards and pursuant to
board rules and regulations, which may include, but not be limited to,
clearing, moving, cutting, or destroying to remove, replace as reasonable and
necessary, or maintain dangerous vegetation; and

���� (2) establish, upon receipt of
board approval, a program to develop effective strategies to implement the
provisions of this section, as appropriate.

���� b.��� An electric public
utility shall make a diligent attempt to notify all customers, property owners,
and local and other government entities that may be affected by planned
vegetation management activity along the utility's distribution or transmission
system.� This requirement shall be satisfied if the utility provides written
notice to customers and property owners pursuant to paragraphs (1) and (2) of
this subsection, at least seven days, but not more than 45 days, prior to
performing any vegetation management activity, and provides notice to local and
other government entities pursuant to paragraph (3) of this subsection.

���� (1)� For a distribution line,
the electric public utility shall provide notice to the following customers and
property owners by separate direct mailing, door hanger, or any other method
approved by the board:

���� (a)�� a customer of the
utility upon whose property runs any portion of the right-of-way or easement
that will be maintained by the utility; and

���� (b)� a property owner where
there is no customer of the utility located on the property and the property
includes a portion of the right-of-way or easement that will be maintained by
the utility.

���� (2)� For a transmission line,
the electric public utility shall provide notice as follows:

���� (a)�� for persons described in
subparagraphs (a) and (b) of paragraph (1) of this subsection, through a direct
mailing by certified mail, return receipt requested, or by another method
approved by the board; and

���� (b)� by publishing at least
seven days, but not more than 45 days, prior to performing any vegetation
management activity, a notice in two newspapers that serve the area where the
vegetation management activity is to be performed.

���� For the purposes of
subparagraph (a) of this paragraph, a United States Post Office receipt of
mailing shall constitute proof of compliance.

���� (3)� (a)� An electric public
utility shall notify all local and other government entities that may be
affected by vegetation management activity.� For local and other government
entities, a utility shall provide written notice of any pending vegetation
management activity to a primary contact at that entity.� For a municipality,
the mayor, municipal clerk, or other person or position mutually agreed upon by
the utility and the municipality shall be the primary contact.� For other
government entities, the primary contact shall be selected by mutual agreement
in writing between the utility and the other government entity.

���� (b)� The electric public
utility shall provide written notice to the primary contact, designated
pursuant to subparagraph (a) of this paragraph, at least two months in advance
of the planned vegetation management activity.� The notice shall include the
planned dates and locations of the vegetation management activity, and shall be
written in a manner sufficient to explain the utility's procedures and easement
rights.� The utility shall provide a telephone number of its vegetation manager
to provide answers to any questions from the primary contact relating to the
notice.� If a utility provides notice, pursuant to this paragraph, through a
contractor or agent, the notice shall bear the name and logo of the utility
only and not of the contractor or agent.� The utility shall maintain a record
of the dates, locations, and activities contained in notice provided to
municipal and other government entities, pursuant to this paragraph, for a
period of five years after notice is sent.

���� c.��� (1)� An electric public
utility shall conduct an annual public education program to inform its
customers and local and other government entities in the utility's service
territory of the importance of vegetation management and of the utility's role
and responsibility in performing vegetation management near distribution and
transmission lines.� The public education program required pursuant to this
paragraph shall be implemented by direct mail or another method approved by the
board.

���� (2)� An electric public
utility shall post materials of its public education program, developed
pursuant to paragraph (1) of this subsection, on its website.� The posted
materials shall include illustrations of typical configurations of transmission
lines and easements, as necessary to comply with the requirements of this
section, to inform the public regarding the utility's responsibilities in
performing vegetation management pursuant to this section.

���� 5.��� Section 5 of P.L.1996,
c.135 (C.13:1L-17.5) is amended to read as follows:

���� 5.��� a.� There is established
in the department a Community Forestry Council, which shall consist of 20
members, appointed by the State Forester, all of whom shall be citizens with
expertise or interest in trees, forestry, or tree or forest management, maintenance
,

or care.�
Upon the occurrence of a vacancy on the council after the
effective date of P.L.� ��, c.� ��(C.������� ) (pending before the Legislature
as this bill), the State Forester shall appoint a New Jersey electric public
utility employee who is an electric public utility approved forester to
represent the electric public utility on the council until such time as there
are at least two members serving on the council meeting that description.
�
Each of the members appointed shall serve for a term of three years and until a
successor is appointed and qualified, except that of the members first
appointed, seven shall serve terms of one year and seven shall serve terms of
two years.� All vacancies, except those created through the expiration of term,
shall be filled for the unexpired term only, and in the same manner as the
original appointment.� Each member shall be eligible for reappointment, but may
be removed by the commissioner or the State Forester for cause.

���� b.��� A majority of the
membership of the council shall constitute a quorum for the transaction of
council business.� Action may be taken and motions and resolutions adopted by
the council at any meeting thereof by the affirmative vote of a majority of the
full membership of the council.

���� c.��� Members of the council
shall serve without compensation, but may be reimbursed for expenses
necessarily incurred in the discharge of their official duties.

���� d.��� The State Forester shall
appoint a chairperson and vice-chairperson and the council may elect such other
officers as may be necessary.� The council may appoint such staff or hire such
experts as it may require within the limits of appropriations made for these
purposes.

���� e.��� The council may call to
its assistance such employees as are necessary and made available to it from
any agency or department of the State or its political subdivisions.

���� f.���� The council may adopt,
pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), and in consultation with the department, any rules and
regulations necessary to carry out its responsibilities pursuant to P.L.1996,
c.135 (C.13:1L-17.1 et al.).

���� g.��� The council shall advise
the State Forester, the Division of Parks and Forestry
,
and the
department on issues concerning community forestry and assist with such other
functions as may be authorized pursuant to P.L.1996, c.135 (C.13:1L-17.1 et
al.) or any other law.

����
h.��� The council, a shade
tree commission, and any entity empowered pursuant to this chapter, shall not
interfere with or restrict an electric public utility�s removal, replacement,
or maintenance of dangerous vegetation pursuant to the provisions of P.L.� ��,
c.� ��(C.������� ) (pending before the Legislature as this bill).

(cf: P.L.1996, c.135, s.5)

���� 6.��� R.S.40:37-5 is amended
to read as follows:

���� 40:37-5.����� Except as
hereinafter provided
and as provided in subsection h. of section 5 of
P.L.��� c.��� (C.������� ) (pending before the Legislature as this bill)
,
the shade tree commission may exercise exclusive control over the regulation,
planting
,
and care of shade and ornamental trees and shrubbery now
situate or which may hereafter be planted
[
in
]

along

any public
road, street,
highway,
[
park
]
or parkway
or
in any public park
of the county, including:

���� a.��� The planting, trimming,
spraying, care
,
and protection thereof;

���� b.��� The regulation and
control of the use of the ground surrounding the same so far as may be
necessary for their proper growth, care
,
and protection;

���� c.��� The moving or requiring
the removal of any tree or part thereof, dangerous to public safety;

���� d.��� The care and control of
the parks and parkways;
and

���� e.��� The encouragement of
arboriculture.

(cf: P.L.1958, c.41, s.2)

���� 7.��� R.S.40:37-6 is amended
to read as follows:

���� 40:37-6.�����
[
The
]
�
a. �Except
as provided in subsection b. of this section, the
shade tree commission,
with the consent of the board of chosen freeholders
,
may make rules and
regulations for the protection and care of the trees, shrubbery
,
or
ornamental material planted or growing naturally within the highways and parks
under its jurisdiction, as provided in this article; and with the consent of
the board may prescribe a suitable fine for the violation of each rule or
regulation, in an amount not exceeding
[
$200.00
]

$200

for each violation.

����
b.��� Any public utility,
as defined pursuant to R.S.48:2-13, or a cable television company, as defined
pursuant to section 3 of P.L.1972, c.186 (C.48:5A-3), that clears, moves, cuts,
or destroys any trees, shrubs, or plants for the purpose of erecting, installing,
moving, removing, altering, protecting, or maintaining any structures or
fixtures, necessary for the supply of electric light, heat, or power,
communication, or cable television services upon any lands in which it has
acquired an easement or right-of-way or upon a public right-of-way, shall not
be required to receive the permission of a commission to undertake such work or
be subject to any penalty imposed by a shade tree commission pursuant to
subsection a. of this section. This subsection shall not exempt any such public
utility or cable television company from any penalty or replacement assessment
imposed as a result of damage to a tree, shrub, or plant caused by the public
utility�s or cable television company�s non-compliance with any such rule or regulation
of the shade tree commission, provided that such rule or regulation does not
interfere with or restrict any vegetation management work conducted by the
public utility or cable television company to comply with any federal law,
rule, regulation, any vegetation management rule, regulation, or order of the board,
or any national or federal standard applicable to a public utility or cable
television company in this State.� A public utility or cable television
company, that is acting in good faith, with due diligence and reasonable
judgement, in its performance of vegetation management pursuant to the
provisions of P.L.� ��, c.� ��(C.������� ) (pending before the Legislature as
this bill) and any board rules or regulations, shall not be held liable,
penalized, or otherwise subject to undue hardship by a governing body of a
county or a commission.

����
As used in this subsection,
�vegetation management� means to clear, move, cut, or destroy any dangerous
vegetation to erect, install, move, remove, alter, protect, or maintain any
structures or fixtures, necessary for the supply of electric light, heat, power,
or communication, or cable television service.

(cf: P.L.1958, c.41, s.3)

���� 8.��� R.S.40:64-5 is amended
to read as follows:

���� 40:64-5.�����
[
A
]

Except as
provided in subsection h. of section 5 of P.L.��� c.��� (C.������� ) (pending
before the Legislature as this bill) a
shade tree commission organized
under this chapter shall have power to
:

���� a.��� Exercise full and
exclusive control over the regulation, planting, and care of shade and
ornamental trees and shrubbery now located, or which may hereafter be planted
[
in
]

along

any public
road, street,
highway,
[
park
]
or parkway
or
in any public park of the municipality,
except such as are excluded
pursuant to section 40:64-1 of this Title in the municipality for which it was
created, including the planting, trimming, spraying, care
,
and
protection thereof;

���� b.��� Regulate and control the
use of the ground surrounding the same, so far as may be necessary for their
proper growth, care
,
and protection;

���� c.��� Move or require the
removal of any tree, or part thereof, dangerous to public safety;

���� d.��� Care for and control
such parks and parkways; encourage arboriculture; make, alter, amend
,

and repeal, in the manner prescribed for the passage, alteration, amendment
,

and repeal of ordinances by the governing body of the municipality, any and all
ordinances necessary or proper for carrying out the provisions hereof;
and

���� e.��� Administer treatment to,
or remove, any tree situate upon private property which is believed to harbour
a disease or insects readily communicable to neighboring healthy trees in the
care of the municipality and enter upon private property for that purpose, with
the consent of the owner thereof, provided the suspected condition is first
confirmed by certificate issued by or on behalf of the Department of
Agriculture.

(cf: P.L.1958, c.42, s.4)

���� 9.��� R.S.40:64-12 is amended
to read as follows:

���� 40:64-12.��� a.� The
commission may prescribe a fine for the violation of each of its ordinances in
an amount not exceeding
[
$1500.00
]

$1,500

for each violation, and the courts which now or hereafter shall have
jurisdiction over actions for the violation of ordinances of the municipality
in which the commission has been or shall be appointed shall have jurisdiction
in actions for the violation of such ordinances as the commission shall enact.
The ordinances shall be enforced by like proceedings and process and the practice
for the enforcement thereof shall be the same as that provided by law for the
enforcement of the ordinances of the municipality in which the commission
exists. The officers authorized by law to serve and execute process in the
aforementioned courts shall be the officers to serve and execute any process
issued out of any court under this chapter. A copy of any ordinance of the
commission, certified to under the hand of its secretary
[
,
]
or chairman
shall be received in any court of this State as full and legal proof of the
existence of the ordinance, and that all requirements of law in relation to the
ordaining, publishing
,
and making of the same, so as to make it legal
and binding, have been complied with, unless the contrary be shown.

���� b.��� In addition to the
penalties authorized by subsection a. of this section, the commission may
require a person who removes or otherwise destroys a tree in violation of a
municipal ordinance to pay a replacement assessment to the municipality. The
replacement assessment shall be the value of the tree as determined by the
appraisal of a trained forester or Certified Tree Expert retained by the
commission for that purpose. In lieu of an appraisal, the commission may adopt
a formula and schedule based upon the number of square inches contained in a
cross section of the trunk of the tree multiplied by a predetermined value per
square inch, not to exceed
[
$27.00
]

$27

per square inch. The square inch cross section shall be calculated from the
diameter at breast height and, if there is a multiple stem tree, then each
trunk shall be measured and an average shall be determined for the tree. For
the purposes of this section, "diameter at breast height" shall mean
the diameter of the tree taken at a point 4-1/2 feet above ground level. The
commission shall modify the value of the tree based upon its species variety,
location
,
and its condition at the time of removal or destruction.

���� c.��� Any public utility
as
defined pursuant to R.S.48:2-13
or cable television company
as defined
pursuant to section 3 of P.L.1972, c.186 (C.48:5A-3)
that clears, moves,
cuts, or destroys any trees, shrubs, or plants for the purpose of erecting,
installing, moving, removing, altering
, protecting,
or maintaining any
structures or fixtures, necessary for the supply of electric light, heat
,

or power, communication, or cable television services upon any lands in which
it has acquired an easement or right-of-way
or upon a public right-of-way
,
shall not be
required to receive the permission of a commission to undertake
such work or be
subject to any penalty imposed by a commission pursuant to
subsections a. or b. of this section. This subsection shall not exempt any
such

public utility or cable television company from any penalty or replacement
assessment imposed
[
for
negligent actions
]

as result of damage to a tree, shrub, or plant caused by the public utility�
s or cable television company� s non-compliance with any such rule or regulation
of the commission, provided that such rule or regulation does not interfere
with or restrict any vegetation management work conducted by the public utility
or cable television company to comply with any federal law, rule, regulation,
any vegetation management rule, regulation, or order of the board, or any
national or federal standard applicable to a public utility or cable television
company in this State.� A public utility or cable television company, that is
acting in good faith, with due diligence and reasonable judgement, in its
performance of vegetation management pursuant to the provisions of P.L.��� ,
c. (C.������� ) (pending before the Legislature as this
bill) and any board rules or regulations, shall not be held liable, penalized,
or otherwise subject to undue hardship by a governing body of a municipality or
a commission.

�������
As
used in this subsection, � vegetation management�� means to clear, move, cut,
or destroy any dangerous vegetation to erect, install, move, remove, alter,
protect, or maintain any structures or fixtures, necessary for the supply of
electric light, heat, power, or communication, or cable television service
.

(cf: P.L.1991, c.396, s.1)

���� 10.� The board shall adopt
pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), rules and regulations necessary to effectuate the
provisions of P.L. , c. (C. )
(pending before the Legislature as this bill).

���� 11.� This act shall take
effect immediately.

STATEMENT

���� This bill authorizes an
electric public utility (electric utility) to utilize all reasonably available
methods according to ANSI A300 tree care standards and pursuant to Board of
Public Utilities (BPU) rules and regulations, which may include, but not be
limited to, clearing, moving, cutting, or destroying to remove, replace, or
maintain dangerous vegetation and to establish a program to develop effective
strategies to implement the bill�s provisions.� Under the bill, �dangerous
vegetation� is defined as a tree, shrub, plant, or any other vegetation growing
in, near, or adjacent to the electric utility�s right-of-way, and its
distribution and transmission system, but not including a service line to an
individual customer, which may fall into, touch, affect, or otherwise interfere
with a distribution line, as determined by the electric utility or local
government entity having control of the right-of-way.

���� The bill requires an electric
utility to notify all customers, property owners, and local and other
government entities that may be affected by planned vegetation management
activity near the electric utility's distribution or transmission system.� The
bill also requires an electric utility to conduct an annual public education
program to inform its customers and local and other government entities in the
electric utility's service territory of the importance of vegetation management
and of the electric utility's role and responsibility in performing vegetation
management.

���� The bill prohibits the
Community Forestry Council (council) and a county or municipal shade tree
commission (commission) from interfering with or restricting an electric
utility�s removal, replacement, or maintenance of dangerous vegetation.� The
bill provides that, upon there being a vacancy on the council after the
effective date of the bill, the State Forester is to appoint an electric
utility employee who is an approved forester to represent the electric utility
on the council until such time as there are at least two members serving on the
council meeting that description.

���� The bill also provides that,
in order to allow any public utility or cable television company to clear,
move, cut, or destroy dangerous vegetation upon any lands in which it has
acquired an easement or right-of-way or upon any public right-of-way, a public
utility or cable television company is not required to receive the permission
of any commission to undertake that work and is not subject to any penalty
imposed by any commission as provided by law.� Under the bill, a public utility
or cable television company is not exempt from any penalty or replacement
assessment imposed as a result of damage to a tree, shrub, or plant caused by
non-compliance with any rule or regulation of a commission, provided that the
rule or regulation does not interfere with or restrict any vegetation
management work conducted by the public utility or cable television company
from complying with any federal rule, regulation, or law, any vegetation
management rule, regulation, or order of the BPU, or any national or federal
standard applicable to a public utility or cable television company.� The bill
provides that a public utility or cable television company, that is acting in
good faith, with due diligence and reasonable judgment, in its performance of
vegetation management pursuant to the bill�s provisions and any board rules or
regulations, is not to be held liable, penalized, or otherwise subject to undue
hardship by a governing body of a county or municipality or a commission.