HP0675, LD 915, item 1, An Act To Clarify the Exemption of Lineworkers from Maine Electrician Licensing Laws

An Act To Clarify the Exemption of Lineworkers from Maine Electrician Licensing Laws

Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, in the fall of 2010, the Electricians' Examining Board issued a preliminary determination that would require licensure under the laws governing electrician licensing for lineworkers employed by electricity generators and contractors performing line work on behalf of public utilities and electricity generators; and

Whereas, electrician licensing is intended to cover indoor electrical work governed by the National Electrical Code, whereas outdoor and related line work performed by public utilities, electricity generators and their contractors is governed by the National Electrical Safety Code and is unrelated to electrician licensing; and

Whereas, the actions of the Electricians' Examining Board to require electrician licensure of lineworkers would substantially interfere with the ability of public utilities, electricity generators and their contractors to safely and cost-effectively install electric lines subject to the National Electrical Safety Code, including lines for large transmission and distribution projects currently under construction in this State; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 32 MRSA §1102, sub-§1-A, as amended by PL 1999, c. 657, §13, is repealed and the following enacted in its place:

1-A. Public utility. An entity subject to the jurisdiction of the Public Utilities Commission, the Federal Energy Regulatory Commission or the Federal Communications Commission, including all employees of such an entity, but only to the extent the entity or its employees are making electrical installations in furtherance of providing its authorized service or activities incidental to that authorized service. This exception does not apply to:

A. Installations, other than installation of a meter, inside a customer's building;

B. Installations of mobile home service equipment; and

C. Installations at any business office of a utility corporation that is not physically located adjacent to the utility's generation or transmission and distribution plant;

Sec. 2. 32 MRSA §1102, sub-§1-B is enacted to read:

1-B. Generator. An entity, including all employees of such an entity, that constructs, owns or operates an electricity generation facility, including all ancillary facilities, equipment and generator leads, but only to the extent the entity or its employees are making electrical installations in furtherance of or incidental to the generation of electricity at a facility that is connected to the utility transmission grid by a transmission line that has a capacity rating of 34.5 kilovolts or greater. This exception does not apply to installations at any business office of a generator that is not physically located adjacent to the generator's electricity generation facility;

Sec. 3. 32 MRSA §1102, sub-§1-C is enacted to read:

1-C. Contractor. An entity, including all employees of such an entity, to the extent the entity has contracted with a public utility or generator, as described in this section, to perform services for the public utility or generator, but only to the extent the public utility or generator would be exempt from this chapter if it were performing the services directly through its employees; or

Sec. 4. 32 MRSA §1102, sub-§2, as amended by PL 1999, c. 386, Pt. F, §2, is repealed.

Sec. 5. 32 MRSA §1102-B, sub-§5, ¶B, as enacted by PL 1981, c. 432, §2, is amended to read:

B. The electrical work and equipment employed in connection with the construction, installation, operation, repair or maintenance of any utility by a public utility corporation , or by a contractor working on behalf of a public utility as set forth in section 1102, subsection 1-C, in rendering its authorized service or in any way incidental thereto;

Sec. 6. 32 MRSA §1102-B, sub-§5, ¶B-1 is enacted to read:

B-1. The electrical work and equipment employed in connection with the construction, installation, operation, repair or maintenance of any generating facility by a generator, or by a contractor working on behalf of a generator as set forth in section 1102, subsection 1-C, in rendering its authorized service or in any way incidental thereto;

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This bill clarifies that lineworkers of public utilities and electric generators, including contractors working on their behalf, are exempt from the electrician licensing laws.

HP0675 LD 915	First Regular Session - 125th Maine Legislature		LR 1311 Item 1
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