PETITION OF:

SECTION 1.

Whereas, High-voltage transmission lines in the Commonwealth are essential for the safe, reliable and cost-effective transmission of electric power to homes and businesses in Massachusetts, and

Whereas, the uncontrolled growth of trees in the so-called “wire security zone” was responsible for the worst blackout in history, affecting more than 50 million people in August, 2003, and

Whereas, a binational Canadian/US commission found that uncontrolled and unmanaged growth of vegetation was a contributory cause of the blackout, and

Whereas, the Federal Energy Regulatory Commission issued a report on September 7, 2004 describing in detail the need for a range of actions, including but not limited to clarification of the state, federal and local regulatory environment to permit efficient and coordinated control of vegetation along ROWs, and

Whereas, the toxicity of herbicides used for such vegetation control to fish, birds, mammals and, especially amphibians is well-established by a preponderance of scientific evidence, to the extent that the U.S. Fish and Wildlife Service prohibits herbicidal applications during certain periods of the year to protect the environment and endangered species,

Therefore, a commission is formed to study the current industry vegetation control practices in the “wire security zone” and the vegetation control’s impact on animals and humans and alternative vegetation management practices which reduce the need for herbicides.

SECTION 2.

The study commission shall include four members appointed by the Speaker of the House, four members appointed by the Senate President, and eight members appointed by the Governor. These members shall include the chairs of the joint committee on the environment, the chairs of the joint committee on energy, one member of a Massachusetts environmental group, the commissioner of agriculture, one biologist specializing in pesticides and herbicides, the secretary of the department of telecommunications and energy, and two representatives of the electric industry. The committee shall request opinions from UMass Extension, the Massachusetts Geological Information Services, the Massachusetts delegation to the US Congress, the National Council of State Legislators, the North American Electric Reliability Council, the National Association of Regulatory Utility Commissioners, and the United States Fish and Wildlife Service and any other institution or individual which may be affected by vegetation control in electric “wire security zones”

a) The width of ROWs in Massachusetts relative to the voltage carried by the lines and the need, if any, for additional emergency powers for utility line managers to prune, top, or remove individual trees on private or state-owned land outside the ROW that pose a danger of falling or being blown down onto active high-voltage lines , thus interrupting the effective transmission of electrical power through the power grid.

b) Evaluate current industry standards and practices of vegetation management in electric “wire security zones”.

c) Evaluate the impact of vegetation control in electric “wire security zones” on animals, including fish, birds, mammals and amphibians, and on humans.

d) Explore the applicability of vegetation management practices that propagate and encourage the growth of low bushes and shrubs such as Hazelnut (Corylus Americana), Mountain Laurel (Kalmia latifolia), blueberries (Vaccinium corymbosum), and other species that can provide food for animals and humans and beautification as a supplement or alternative to cutting, mowing and the application of poisonous herbicides.

e) Determine the feasibility and costs of mapping of the entire high-voltage electrical grid in Massachusetts highlighting areas of designated wetlands and streams and areas of vernal pools where frogs and amphibians breed.

f) Provide recommendations for legislation or regulation changes for the protection and preservation of species diversity, including but not limited to restrictions on vegetation control methods, rates of herbicide application and timing of vegetation control especially in the spring to accommodate the reproductive cycle of affected amphibians and other species of critical concern.

g) Feasibility of creating a state program to allow municipalities to plant and maintain native bushes and shrubs, including Blueberries, Hazelnut, and Mountain Laurel in electric “wire security zones”, as an alternative to current vegetation management.

h) Recommendations for further study, if necessary, including how and when that further study should take place.

SECTION 3. Within nine months of the commission appointment, a final report shall be filed with the joint committee on energy, the joint committee on the environment, the governor, and shall be made available to the public. The commission shall end three months after the publishing of the final report.