Current Legislative Proceedings
The 2021 Connecticut General Assembly legislative session will end on June 9. We received reliable information that Senate Bill No. 950 will not come up for a vote this session, but that legislation is likely to be submitted in the next session regarding three-phase main electric distribution lines and utility tree pruning and removal. We will continue to work to ensure that the authority of tree wardens and rights of abutting property owners provided will be protected.
Senate Bill No. 950
UPDATE, May 10, 2021: We have reliable information that the bill will not come up for a vote this session.
PRIOR UPDATES:
The bill has been voted out of the committee to the floor of the Senate, with its original language. Co-Chair Needleman assured committee members that the bill would be amended and that tree wardens would retain control and that property owners would have some involvement, but the degree of involvement is uncertain. At such time as an amended bill is available, it will be posted here. If an amended bill passes the Senate, it would need to pass the House of Representatives and be signed by the Governor.
At the public hearing on this bill, Co-Chair of the Energy and Technology Committee, Senator Needleman, had indicated that the bill would not go forward as drafted. The March 4 hearing on this and other bills was recorded on CT-N.com.
UPDATE, May 10, 2021: We have reliable information that the bill will not come up for a vote this session.
PRIOR UPDATES:
The bill has been voted out of the committee to the floor of the Senate, with its original language. Co-Chair Needleman assured committee members that the bill would be amended and that tree wardens would retain control and that property owners would have some involvement, but the degree of involvement is uncertain. At such time as an amended bill is available, it will be posted here. If an amended bill passes the Senate, it would need to pass the House of Representatives and be signed by the Governor.
At the public hearing on this bill, Co-Chair of the Energy and Technology Committee, Senator Needleman, had indicated that the bill would not go forward as drafted. The March 4 hearing on this and other bills was recorded on CT-N.com.
Summary of Bill:
As originally drafted, Sections 2 and 3 of the bill amend Section 16-234, C.G.S. to eliminate requirements in the current law to obtain a tree warden permit or notify property owners, to allow them to object or request modification, before pruning or removing a tree in a utility protection zone in which "three phase main" electric distribution wires are located. This would include a substantial portion of all distribution wires within a municipality. It also provides for removal of a tree a utility considers hazardous that could endanger any "three phase main," which could be solely on private property, outside the UPZ and outside of the public right-of-way. Current law requires a tree warden permit and some notice to the private property owner for removal of a hazardous tree that is on private property within the UPZ, but not in the public right-of-way. For trees that are outside the UPZ and solely on private property, the private property owner can refuse pruning and removal and the tree warden has no authority to grant a permit for pruning or removal.
The bill's proposed amendments to Section 16-234, C.G.S.would effectively give utilities unlimited power over these trees in the public right-of-way and trees they deem hazardous outside of the public right-of-way, with no ability of tree wardens or property owners to prevent unnecessary removals, even clear cutting, and to prevent pruning that could be harmful to the health and structural integrity of the trees. The amendments would violate private property rights with regard to trees considered hazardous by a utility that are not in the UPZ or in the public right-of-way.
As originally drafted, Sections 2 and 3 of the bill amend Section 16-234, C.G.S. to eliminate requirements in the current law to obtain a tree warden permit or notify property owners, to allow them to object or request modification, before pruning or removing a tree in a utility protection zone in which "three phase main" electric distribution wires are located. This would include a substantial portion of all distribution wires within a municipality. It also provides for removal of a tree a utility considers hazardous that could endanger any "three phase main," which could be solely on private property, outside the UPZ and outside of the public right-of-way. Current law requires a tree warden permit and some notice to the private property owner for removal of a hazardous tree that is on private property within the UPZ, but not in the public right-of-way. For trees that are outside the UPZ and solely on private property, the private property owner can refuse pruning and removal and the tree warden has no authority to grant a permit for pruning or removal.
The bill's proposed amendments to Section 16-234, C.G.S.would effectively give utilities unlimited power over these trees in the public right-of-way and trees they deem hazardous outside of the public right-of-way, with no ability of tree wardens or property owners to prevent unnecessary removals, even clear cutting, and to prevent pruning that could be harmful to the health and structural integrity of the trees. The amendments would violate private property rights with regard to trees considered hazardous by a utility that are not in the UPZ or in the public right-of-way.
Written Testimony Submitted to the Energy and Technology Committee by GCNH and other organizations
at the March 4, 2021 hearing on SB 950:
at the March 4, 2021 hearing on SB 950:
Subsequent Statements by Other Organizations
CT Tree Protective Association, Inc. (CTPA), April 26, 2021