The Board of Directors of the Cooperative, desiring to create uniform standards for vegetation management performed by the Cooperative hereby establishes the following procedure for notice of vegetation management, emergency or public safety trimming, standards for vegetation management, dispute resolution, member education, tree replacement, and identification of Cooperative representatives.
Definitions
(A) Brush means a perennial woody stem less than four inches in diameter at breast height in an unmaintained or natural area.
(B) Business day means days other than Saturday, Sunday, or a legal holiday observed by the State of Indiana.
(C) Emergency storm event means (i) a condition, danger or hazard to health, life, physical safety, or property that exists or is eminent; (ii) an interruption of utility service; or (iii) the need to immediately repair or clear Cooperative facilities. This phrase includes (i) circumstances that exist that make it impractical or impossible for the Cooperative to comply with the provisions of this Vegetation Management Policy, including, but not limited to (i) floods, ice, snow, storms, tornadoes, winds, and other acts of God; (ii) falling trees; (iii) trees causing outages; and (iv) trees showing evidence of burning or otherwise having been in direct contact with electric conductors.
(D) Implied consent means the property owner or member has not contacted the Cooperative to deny consent within two weeks after receiving notice that tree trimming will occur.
(E) In person means person to person delivery of verbal or written notice by an authorized Cooperative representative to a member or hand delivery of a door hanger or similar document accompanied by an attempt by the authorized Cooperative representative to speak with the resident through actions including knocking on the door or ringing the door bell with delivery documented in writing or computerized entry by the authorized Cooperative representative making the hand delivery.
(F) Member means a member of the Cooperative as set forth in the Bylaws of the Cooperative.
(G) Power line compatible vegetation means a plant that at maturity will not reach a height greater than twelve feet.
(H) Public safety situation means:
(1) The existence of a vegetation condition that could reasonably be expected to cause eminent physical harm to electrical equipment necessary for the provision of electric service, including:
(2) Trees that are unstable to the point of representing a danger to Cooperative equipment, facilities, or personnel in the course of repairs to said equipment or facilities due to disease, damage, or soil erosion. Personnel may include, but are not limited to, safety workers, such as fire, police, emergency medical personnel, utility line crews and repair crews.
(3) Trees that lean to a degree that they can touch power lines.
(4) Trees that have burn marks or other indicators that they have previously touched a power line.
(5) A condition in vegetation unrelated to normal growth that would result in contact with power lines or high voltage equipment and cause imminent physical harm to the public if not immediately mitigated.
(I) Telephone call means making an attempt to contact the member via the telephone number the Cooperative has on file and either making oral telephone contact or leaving a message on voicemail, an answering machine, or an answering service if available. If an attempt is unsuccessful in either making oral telephone contact with the member or leaving a telephonic message as described in herein, a second attempt should be made.
(J) Vegetation management means the cutting or removal of vegetation or the prevention of vegetative growth to accomplish one of the following: the maintenance of safe conditions around Cooperative facilities, ensuring reliable electric service, or preventing hazards caused by the encroachment of vegetation on Cooperative facilities and to provide Cooperative access to facilities.
(K) Written notice means notice sent from the Cooperative or its designee to the member by electronic mail, U.S. mail or another mail delivery system including information included inside a utility bill, or in-person delivery of written notice to the member’s premises by door hanger.
Notice of Vegetation Management
At least two calendar weeks prior to engaging in routine vegetation management, the Cooperative or its designee must provide notice to members whose vegetation will be subject to the vegetation management except under the following circumstances:
(A) There is no residence on a particular property.
(B) The Cooperative has a written easement, governmental permit, contractual agreement, or court order that expressly gives the Cooperative the right to conduct vegetation management activities.
(C) An emergency or storm event occurs.
(D) The Cooperative or its designee shall provide notice to a member in the following manner:
(E) At least one attempt to contact must be in person or via telephone call.
(F) If in-person or telephone contact is not made or not attempted, at least one attempt to contact must include written notice.
(G) Written and in-person notice shall include, at a minimum, the following information:
(H) A heading stating “TREE TRIMMING NOTICE”.
(I) The date the written notice was hand delivered or mailed.
(J) The fact that vegetation management is scheduled to occur.
(K) An explanation of what vegetation management is and why it is necessary for safe and reliable electric service.
(L) The fact that non-property owners living or working on the property who receive the notice are strongly encouraged to notify the property owner as soon as possible that vegetation management is scheduled to occur.
(M) The fact that receipt of this notice by the occupant initiates the 2 week window for calculating implied consent by the property owner or member, providing, however, that consent is not required in certain instances.
(N) The estimated range of dates between which the vegetation management is scheduled to occur.
(O) Contact information, including a telephone number, for an authorized Cooperative representative who is able to answer member inquiries related to vegetation management and who can provide the name of the contractor, if applicable, that will deliver the in person notice or conduct vegetation management.
(P) The Cooperative’s website address.
(Q) A reference to an educational resource for planting around electrical facilities, like the Arbor Day Foundation’s right tree, right place program and the website address, if applicable.
(R) A statement that the Cooperative’s representative or contractor shall carry identification when delivering the in person notice or conducting vegetation management.
Where the Cooperative is changing a distribution or transmission line to a higher voltage level, the Cooperative must give notice at least sixty days prior to the change if the change in the line will change the area in which vegetation management will be necessary as a result of increased safe clearance requirements. Such notice shall otherwise comply with the requirements above but shall contain the following information:
(A) The fact that line upgrades are scheduled to occur.
(B) An explanation of what line upgrades are.
(C) An explanation as to why line upgrades are necessary for safe and reliable electric service.
(D) The fact that non-property owners living or working on the property and receiving the notice are strongly encouraged to notify the property owner as soon as possible that line upgrades are scheduled to occur.
(E) The estimated range of dates within which the line upgrades are expected to occur.
(F) The estimated length of time construction is expected to continue.
(G) New vegetation restrictions on the property as a result of the line upgrades.
(H) Changes to the property owner’s easement or right of way as a result of the line upgrades.
(I) Contract information, including a telephone number for an authorized Cooperative representative who is able to answer member inquiries related to line upgrades.
Emergency or Public Safety Tree Trimming
In cases of emergency or public safety, the Cooperative may, without member consent, remove more than twenty-five percent of a tree or trim beyond existing easement or right-of-way boundaries in order to remedy the emergency or public safety situation.
Standards for Vegetation Management
The Cooperative and its contractor shall perform all work in conformance with Cooperative’s work specifications, OSHA and IOSHA regulations, American National Standards Institute Z133.1 and A300, National Electric Safety Code, Shigo Guide, and the International Society of Arboriculture Standards A300.
Line clearances should take into consideration the characteristics of the locality, the electrical facility, and the health of the tree.
Except in situations of emergency or public safety, if a tree would have more than twenty-five percent of the canopy removed, the Cooperative or its contractor shall do one of the following actions:
(A) If the property owner and Cooperative or its contractor cannot mutually agree on how the tree can be trimmed to provide sufficient clearance in order to maintain reliable electric service, the Cooperative or contractor shall take one of the following actions:
(B) Remove the tree, at the Cooperative’s expense.
(C) Inform the member that the Cooperative will need to make non-ANSI standard cuts in order to provide clearance.
(D) Brush that is under or near the Cooperative’s electrical facilities may be removed by the Cooperative without consent of the member only when its removal is necessary for safe and reliable service.
(E) Debris associated with routine maintenance, in a maintained area, absent intervening inclement weather that may pull crews from maintenance activities, shall be removed within three calendar days or left on the property if agreed to in writing by the owner or member.
(F) The Cooperative and its contractor shall not be required to clear debris caused by storms and other natural occurrences like tree failures.
Dispute Resolution
Member disputes regarding vegetation management shall first be addressed by the on-site supervisor. If that does not resolve the matter, the dispute shall be addressed by the Bartholomew County REMC Operations and Engineering Manager. If that step fails to resolve the matter, the dispute shall be addressed by the Cooperative’s CEO.
Member Education
The Cooperative shall develop and implement an education plan to inform and educate members on the following:
(A) Tree and vegetation selection and placement around electrical facilities.
(B) The public importance of vegetation management to avoid electric interruptions, injuries, and fatalities.
(C) The need for, and benefit of, preventing tree contact with power lines.
(D) The importance of cooperation between members and the cooperative in accomplishing the essential public task of power line maintenance.
(E) The critical importance of the public service of vegetation management to protect electric service reliability, and avoid injuries and fatalities from electrocution.
(F) Trimming cycles the Cooperative chooses to implement, including how the chosen trim cycle impacts a clearance distance and the extent to which a tree’s appearance will be impacted based upon the chosen cycle.
Tree Replacement
Where a tree will be removed, the Cooperative may offer to provide the member with a power line compatible vegetation, other replacement plant, or monetary compensation or credit at an amount agreed to by the parties, provided that the member agrees not to plant a tree that will encroach into the Cooperative’s facilities at a future date and consents to the removal by the Cooperative if that kind of a tree is planted.
Identification of Cooperative Representatives
Employees or contractors performing vegetation management or in person notification of vegetation management on behalf of the Cooperative shall carry identification and provide it for inspection by the member upon request.