Should Electric Utilities be Allowed to Remove Hazardous Trees Near Powerlines on Federal Land to Prevent Fires? (H.R. 1873)

What is H.R. 1873?

(Updated May 25, 2018)

This bill would require that all existing and future Bureau of Land Management (BLM) and Forest Service rights-of-way agreements with electric utilities include plans for controlling vegetation that could interfere with transmission and cause forest fires. Such plans would enable the operator of a facility to keep it in good working order while complying with federal, state, and local requirements without having to get case-by-case or annual approvals for vegetation management activities.

Plans would be developed in consultation with the holder of the right-of-way, and facility owners would have the option of submitting a plan to federal agencies which are to be tasked with developing a process for reviewing and approving the plans. The Depts. of Agriculture (USDA) and Interior, which oversee the BLM and Forest Service, would apply its categorical exclusion process to the vegetation maintenance plans which excludes actions that have no effect on the human environment from requirements to conduct an environmental impact statement.

If vegetation on federal lands within, or hazard trees on federal lands adjacent to, an electrical transmission or distribution right-of-way granted by Interior or USDA has contacted or is imminent danger of contacting transmission or distribution lines the owner:

• May prune or remove the vegetation or hazard tree to avoid disruption of electric service and risk of fire;

• Would notify the local agent of the relevant agency within 24 hours of the removal.

An owner or operator of a transmission or distribution facility wouldn’t be held liable for wildfire damages, loss, or injury, including the cost of fire suppression if Interior or USDA fail to allow it to:

• Operate with an approved vegetation management, facility inspection, operation, and maintenance plan based on relevant electric system reliability and fire safety standards;

• Perform vegetation management activities in response to a hazard tree.

Owners or operators wouldn’t have to submit a vegetation management, facility inspection, operation, and maintenance plan if one has already been approved by Interior or USDA before this bill’s enactment.

Argument in favor

This bipartisan bill would decrease the risk of blackouts, prevent forest fires, and lower costs for electrical utilities and the Forest Service by letting utilities more efficiently remove hazardous trees.

Argument opposed

This bill doesn’t do enough to solve the problem of coordination between electrical utilities and federal land management agencies, shifts responsibility for wildfires from utilities to taxpayers.

Impact

Consumers of electricity and those affected by would-be forest fires; utility companies; the BLM and the Forest Service.

Cost of H.R. 1873

The CBO estimates that enacting this bill would have a negligible impact on the federal budget.

Additional Info

In-Depth: Sponsoring Rep. Doug LaMalfa (R-CA) introduced this bill to make it easier for utility companies to remove hazardous trees and other vegetation near transmission lines to reduce the risk of wildfires:

“This bipartisan legislation is beneficial for everyone involved, decreasing the risk of blackouts, lowering costs for utilities and the Forest Service, and preventing forest fires. A single tree falling on a transmission line can cause blackouts for thousands of homes and spark a fire that devastates a National Forest, but existing red tape can prevent removal of dangerous trees for months. Under this legislation, rural electric co-ops, utilities, and municipal power providers will be able to proactively remove hazardous trees before they become problems, not after they’ve caused a fire.”

Lead cosponsor Rep. Kurt Schrader (D-OR) concurred, adding:

“Properly maintained rights-of-way is essential for public safety and enhancing the reliability of our electrical grid. The LaMalfa-Schrader bill is a no-brainer and this should not be controversial. Preventing forest fires and maintaining a reliable electrical grid should be a priority for everybody. Our utilities need a streamlined and consistent process for being able to get out on the ground and remove hazardous vegetation before it can cause a wildfire. This is exactly what our bill does.”

Some Democratic members of the House Natural Resources Committee offered their dissent to this legislation in the bill’s committee report, arguing it wouldn’t improve coordination between utility companies and federal land management agencies:

“[This bill] would do little to solve the problem of poor coordination because instead of making up-front planning for ROW maintenance a requirement for utilities, H.R. 1873 makes such planning optional, just as it is now. Further, the bill allows states and localities to dictate how U.S. public lands are managed and shifts liability for wildfire damage from utility companies to the taxpayers.”

This legislation passed the House Natural Resources Committee on a 24-14 vote, and has the support of 20 bipartisan cosponsors — including 14 Republicans and six Democrats.

Media:

• Sponsoring Rep. Doug LaMalfa (R-CA) Press Release
  
• CBO Cost Estimate
  
• Republican Policy Committee