H.R.1873, Electricity Reliability and Forest Protection Act

Floor Situation

On Wednesday, June 21, 2017, the House will consider H.R.1873, the Electricity Reliability and Forest Protection Act, as amended, under a structured rule. H.R.1873 was introduced on April 4, 2017 by Rep. Doug LaMalfa (R-CA), and was referred to the Committee on Natural Resources. The Committee on Natural Resources ordered the bill reported on April 27, 2017 by a vote of 24-14.

Summary

H.R. 1873 amends the Federal Land Policy and Management Act of 1976 to enhance the reliability of the electricity grid and reduce the threat of wildfires to and from electric transmission and distribution facilities on Federal lands by facilitating vegetation management on such lands. Specifically, the goal of H.R. 1873 is to ensure reliable electricity service and reduce the risk of fires and fire hazards caused by inadequate vegetation management in and adjacent to power line rights-of-way (ROW) on some federally managed lands. H.R. 1873 seeks to reduce such wildfires, in part, by promoting federal consistency, accountability, and timely decision-making as it relates to protecting electricity transmission and distribution lines on some federal lands from hazard trees.[1]

Background

H.R. 1873 deals specifically with electricity ROWs on U.S. Forest Service (Forest Service) and Bureau of Land Management (BLM) lands. Forest Service lands include 3,000 authorized electric transmission and distribution facilities, accounting for nearly 18,000 miles of electric ROWs. BLM has over 71,613 miles of electricity transmission and distribution lines. The costs of operating, maintaining and repairing electricity lines on these ROWs on federal land are borne by utility companies and their electricity ratepayers.[2]

Under current law it can take months for utilities to receive Forest Service approval to remove hazardous trees from transmission lines right of ways, even if trees are already in contact with electric transmission lines. H.R. 1873 provides utilities with the ability to rapidly remove hazardous trees by receiving pre-approval from the Forest Service to manage transmission line right of ways and remove trees that are or could become hazards. Furthermore, if a utility requests authorization to remove a tree and is denied by the Forest Service, the Forest Service is responsible for any firefighting costs that result from the failure to remove the tree.[3]

According to the bill sponsor, “I am very pleased that this bill passed through committee with strong bipartisan support. Rep. Schrader and I have worked together to ensure this legislation moves forward and addresses a real world problem affecting forest health and safety. Our bill removes existing red tape that will allow for more streamlined removal of trees that have potential of falling on a power line and causing blackouts or forest fires. We’ve had strong support from both sides of the aisle along with many local utility companies and power providers located in Northern California and beyond. I’m pleased to see this bill progress through committee quickly and I look forward to a vote on the House floor soon.”[4]

Amendments

1. Rep. Salud Carbajal (D-CA) – This amendment ensures that owners and operators of electric transmission and distribution facilities submit management plans to the Secretary.
2. Rep. Kyrsten Sinema (D-AZ) – This amendment ensures personnel of the Department of the Interior and the Forest Service involved in vegetation management decisions on transmission and distribution rights-of-way receive training on how unmanned technologies can be used to identify vegetation management needs, lower energy costs, and reduce the risk of wildfires.
3. Rep. Don Beyer (D-VA) – This amendment prohibits any loss of funds for wild-fire suppression.

Cost

The Congressional Budget Office (CBO) estimates that implementing the bill would cost $12 million over the 2018-2022 period. H.R. 1873 would affect direct spending by reducing the amount of damages the federal government would collect from private firms in the event of certain fires; therefore, pay-as-you-go procedures apply. However, CBO estimates that any such effects would be negligible. Enacting the bill would not affect revenues. CBO also estimates that enacting H.R. 1873 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028.

Staff Contact

For questions or further information please contact Ryan Hofmann with the House Republican Policy Committee at (202) 225-3021.