More rules around utility company tree cutting could be coming if this KY bill passes
A bill filed by two Lexington legislators would make it easier for landowners to challenge utility companies over tree cutting policies.
House Bill 485, filed by Rep. Susan Westrom, D-Lexington, and Rep. Killian Timoney, R-Lexington, would require utility companies to file a vegetation management plan with the Public Service Commission, which regulates utility companies. It would also make it easier for landowners to challenge or file complaints against Kentucky Utilities if there was disagreement on tree trimming or cutting.
Westrom and Timoney could not be reached for comment.
The bill comes after a more than two-year battle between the city of Lexington, residents and KU over its tree canopy trimming under large transmission wires. The city and many landowners say KU’s policy of axing trees more than 10 feet under transmission lines and 15 feet under distribution lines, or lines that go to homes, is too aggressive and damaging to the environment
KU has said its axing of trees under power lines is necessary to stop power outages.
A spokesperson for KU said the bill was not needed.
“We feel this bill is unnecessary because utilities such as KU are obligated by statute and regulation to provide safe, reliable electric service to its customers,” said Daniel Lowry, a spokesperson for KU. “It’s important to note that interference from trees accounts for the majority of electric outages.”
Many Lexington residents have complained KU did not give enough notice of tree cutting on their property and found it difficult to contact someone if they had questions or wanted to challenge the cutting of the trees.
The bill would require vegetation management plans be made public and be in compliance with American National Standards Institute. Those vegetation management plans would require utilities to notify land owners two months prior to tree cutting and again two weeks before. The utility would have to provide contact information so customers with questions could call someone.
KU officials said they already provide notification and contact information to affected homeowners four to six weeks prior to when tree cutting is set to begin.
“In that initial communication, customers are provided a dedicated phone number and website through which they can receive more information and get questions answered,” Lowry said. “ Also, in that notice is information regarding our intention to communicate, in person, with every customer along the project’s path, consider their concerns and accommodate them where possible, and return the property around the work to its previous condition.”
Under the proposed bill, if more than 25% of a landowner’s tree canopy was to be cut, the utility would have to get written permission from the landowner.
A landowner could also file a complaint with the Public Service Commission if they believe the company was in violation of its own vegetation management plan. Lexington homeowners have been frustrated that no government agency regulates public utilities vegetation management plan.
The bill also would require public education of a utility’s vegetation management plan, including holding public hearings.
Homeowners could also refuse to allow the utility to cut trees if the tree cutting does not conform to the vegetation maintenance plan, according to the bill.
The bill would also allow homeowners to sue a utility company for unlawful trimming or removal of trees.
The bill has not been assigned to a committee.
It would cover all public utilities not just Kentucky Utilities or power companies.
The city of Lexington filed a complaint with the Public Service Commission in December and also filed a lawsuit in Fayette Circuit Court over KU’s tree cutting policies. The city has halted those legal actions after the two sides agreed to a moratorium on KU cutting trees so the utility giant and the city could continue to negotiate. That moratorium is still in place.
This story was originally published February 17, 2022 at 10:56 AM.
