§448E-13 Exemption of public utility and community antennae television company personnel; annual reports.
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§448E-13 Exemption of public utility and community antennae television company personnel ; annual reports. [Repeal and reenactment on June 30, 2027. L 2022, c 68, § 3.]
(a)The following persons shall be exempt from this chapter:
(1)All employees of a public utility within the State under a franchise or charter granted by the State that is regulated by the public utilities commission and community antennae television company, while so employed; and
(2)Employees of an electrical contractor duly licensed under chapter 444; provided that:
(A)The contractor is retained by a public utility within the State under a franchise or charter granted by the State that is regulated by the public utilities commission to perform high voltage electrical work for the public utility;
(B)A fter solicitation of a request for proposal to licensed contractors specifying the high voltage work requested, the public utility certifies to the board that no electricians, including electricians employed by C-62 pole and line or C-63 high voltage electrical contractors, responded to the request for proposal who were:
(i)Sufficiently qualified and licensed in the State; and
(ii)Available and able to perform or timely complete the high voltage electrical work or task,
before the contractor hired by the public utility recruited qualified electricians outside the State; provided further that the public utility shall make its request for proposals available through its website in an electronic format to C-62 pole and line and C-63 high voltage electrical contractors;
(C)The public utility submits an annual report to the board covering the preceding calendar year that identifies, at a minimum:
(i)The number of qualified contractors the public utility employed to perform high voltage electrical work; and
(ii)The number of requests for proposals solicited for high voltage work;
(D)The employees are deemed qualified by the public utility to perform high voltage electrical work; and
(E)The exemption is limited to the use by a public utility for high voltage electrical workers who perform electric transmission and distribution line construction, maintenance, and connection to substation work;
provided further that in no circumstance shall the persons be less qualified than the public utility's own employees who perform high voltage electrical work.
(b)Persons retained by a public utility pursuant to subsection (a)(2) shall be exempt from the provisions of section 444-9.5.
(c)For purposes of this section, "high voltage" means six hundred volts or higher. [L 1971, c 183, §3; am L 1972, c 196, §6; am L 2013, c 65, §§2, 4; am L 2018, c 60, §2; am L 2022, c 68, §2]
Note
The L 2022, c 68 amendment adding subsection
(c)is exempt from the repeal and reenactment condition of L 2013, c 65, §4, as amended by L 2018, c 60, §2 and L 2022, c 68, §3. L 2022, c 68, §6.