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
 
                         House Bill 2493
 
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 as
introduced.
 
  Provides that electric utilities are immune from civil
liability for cutting 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 or removing
vegetation near electric facilities.
 
                        A BILL FOR AN ACT
Relating to civil liability of electric utilities.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + For the purposes of sections 1, 2 and 3 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 cutting 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:
  (a) The vegetation has come in contact with or caused damage to
electric facilities; or
  (b) Cutting 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 cutting 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 cutting 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:
  (a) The vegetation to be cut 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 the electrical specialty codes or a
danger to persons working on electric facilities under state or
federal health and safety codes;
  (b) A qualified forester or arborist has determined that the
vegetation to be removed is diseased, dead or dying and close
enough to electric facilities that trimming or removal of the
vegetation is necessary to avoid contact between the vegetation
and electric facilities; or
  (c) A qualified forester or arborist has determined that 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.
  (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 cut 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. + }
  SECTION 4.  { + Sections 1 to 3 of this 2001 Act apply only to
causes of action arising on or after the effective date of this
2001 Act. + }
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