71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1843
A-Engrossed
House Bill 2493
Ordered by the House April 5
Including House Amendments dated April 5
Sponsored by Representative SHETTERLY (at the request of
PacifiCorp)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Provides that electric utilities are immune from civil
liability for { - cutting - } { + pruning + } or removing
vegetation under specified circumstances. Exempts electric
utilities from treble-damage actions for injury to or removal of
trees, shrubs or other vegetation when claim arises out of
{ - cutting - } { + pruning + } or removing vegetation near
electric facilities.
{ + Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to civil liability of electric utilities; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + For the purposes of sections 1 to 4 of this
2001 Act:
(1) 'Electric facilities' means lines, conduits, ducts, poles,
wires, pipes, conductors, cables, crossarms, receivers,
transmitters, transformers, instruments, machines, appliances and
all other devices and apparatuses used, operated, owned or
controlled by an electric utility for the purposes of
manufacturing, transforming, transmitting, distributing, selling
or furnishing electricity.
(2) 'Electric utility' has the meaning given that term in ORS
758.505.
(3) 'Vegetation' means trees, shrubs, vines and all other
plants. + }
SECTION 2. { + (1) An electric utility is immune from any
civil liability for pruning or removing vegetation that is
growing on property on which electric facilities are located, or
growing on property that is adjacent to property on which
electric facilities are located, if the pruning or removal is
consistent with policies of the Public Utility Commission
relating to the pruning or removal of vegetation, or is
consistent with a local ordinance or resolution applicable to the
property that relates to the pruning or removal of vegetation,
and:
(a) The vegetation has come in contact with or caused damage to
electric facilities; or
(b) Pruning or removing the vegetation is necessary to protect
life or property or to restore electric service.
(2) ORS 105.810 and 105.815 do not apply to any claim against
an electric utility based on the pruning or removal of vegetation
growing on property on which electric facilities are located, or
growing on property that is adjacent to property on which
electric facilities are located. + }
SECTION 3. { + (1) An electric utility is immune from any
civil liability for pruning or removing vegetation that is
growing on property on which electric facilities are located, or
growing on property that is adjacent to property on which
electric facilities are located, if the pruning or removal is
consistent with policies of the Public Utility Commission
relating to the pruning or removal of vegetation, or is
consistent with a local ordinance or resolution applicable to the
property that relates to the pruning or removal of vegetation,
and any of the following apply:
(a) The vegetation to be pruned or removed is hanging over
electric facilities or growing in such close proximity to
overhead electric facilities that the vegetation constitutes an
electrical hazard under any electrical safety code adopted by the
Public Utility Commission or constitutes a danger under state or
federal health and safety codes to a person working on the
facilities or with access to the facilities.
(b) The vegetation to be removed is diseased, dead or dying or
is close enough to electric facilities that pruning or removal of
the vegetation is necessary to avoid contact between the
vegetation and electric facilities. A determination under this
paragraph must be made by a qualified forester or arborist if a
local ordinance or resolution requires that such determinations
be made by a qualified forester or arborist.
(c) The vegetation is of such size, condition and proximity to
electric facilities that the vegetation can reasonably be
expected to cause damage to electric facilities in the future. A
determination under this paragraph must be made by a qualified
forester or arborist if a local ordinance or resolution requires
that such determinations be made by a qualified forester or
arborist.
(2) The limitation on liability provided by this section does
not apply unless the electric utility has provided notice to
owners of the property where the vegetation is located. Notice
may be provided by posting a flier in a conspicuous location on
the property where the vegetation is located. The flier must:
(a) Indicate that the electric utility intends to prune or
remove vegetation on the property;
(b) Include a brief statement of the nature of the work to be
performed and the reason the work is needed;
(c) Include an estimate of the time period during which the
work will occur; and
(d) Provide information on how the electric utility can be
contacted.
(3) The limitation on liability provided by this section does
not apply unless the pruning or removal complies with the
American National Standard for Tree Care Operations, ANSI
A300-1995, as adopted by the American National Standards
Institute and in effect on the effective date of this 2001
Act. + }
SECTION 4. { + The immunities provided by sections 1 to 3 of
this 2001 Act do not affect any liability that an electric
utility may have for the costs of abating fires under ORS 477.064
to 477.120. + }
SECTION 5. { + Sections 1 to 4 of this 2001 Act apply only
+ } { + to causes of action arising on or after the effective
date of this 2001 Act. + }
SECTION 6. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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