2000 Legislation
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HOUSE BILL NO. 586 – Contractors, near high voltage line

HOUSE BILL NO. 586

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Daily Data Tracking History



H0586...........................................................by BUSINESS
CONTRACTORS - HIGH VOLTAGE LINES - Amends existing law relating to
activities in proximity to high voltage overhead lines to clarify
application to public utility contractors and subcontractors; to require
notification of work in writing; and to clarify time requirements.
                                                                        
02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to Bus
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 64-0-6
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd,
      Kellogg, Kempton, Kendell, Lake, Linford, Loertscher, Mader, Marley,
      McKague, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Sellman, Shepherd,
      Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail,
      Wheeler, Wood, Mr Speaker
      NAYS -- None
      Absent and excused -- Gagner, Jones, Kunz, Meyer, Schaefer,
      Zimmermann
    Floor Sponsor - Black
    Title apvd - to Senate
02/29    Senate intro - 1st rdg - to Com/HuRes
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
04/04    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Walton, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsors - Ipsen, Andreason
    Title apvd - to House
04/05    To enrol - rpt enrol - Sp signed - Pres signed
04/06    To Governor
04/14    Governor signed
         Session Law Chapter 319
         Effective: 07/01/00

Bill Text


 H0586
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 586
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ACTIVITIES IN PROXIMITY TO HIGH VOLTAGE OVERHEAD  LINES;  AMENDING
  3        SECTION 55-2401, IDAHO CODE, TO FURTHER DEFINE TERMS; AND AMENDING SECTION
  4        55-2403,  IDAHO  CODE,  TO  REQUIRE NOTIFICATION IN WRITING AND TO CLARIFY
  5        TIME REQUIREMENTS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 55-2401, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        55-2401.  DEFINITIONS. As used in this chapter:
 10        (1)  "Authorized person" means:
 11        (a)  An  employee of a public utility, or a contractor or subcontractor or
 12        employee of a contractor or subcontractor of a public utility, which  pro-
 13        duces,  transmits  or  delivers electricity, while the employee is working
 14        within the scope of his employment with or for the public utility;
 15        (b)  An employee of a public utility which provides and whose work relates
 16        to communication services or an employee of a state, county  or  municipal
 17        agency  which  has authorized circuit construction on or near the poles or
 18        structures of a public utility, while the employee is working  within  the
 19        scope of his employment;
 20        (c)  An employee of an industrial plant whose work relates to the electri-
 21        cal  system  of the industrial plant, while the employee is working within
 22        the scope of his employment;
 23        (d)  An employee of a cable television or communication  services  company
 24        or an employee of a contractor of a cable television or communication ser-
 25        vices  company,  if  specifically  authorized by the owner of the poles to
 26        make cable television or communication  services  attachments,  while  the
 27        employee is working within the scope of his employment; or
 28        (e)  An employee or agent of a state, county or municipal agency which has
 29        or whose work relates to overhead electrical lines or circuit construction
 30        or  conductors  on  poles or structures of any type, while the employee is
 31        working within the scope of his employment.
 32        (2)  "Contractor" means  any  person,  sole  proprietorship,  partnership,
 33    joint  venture, corporation, or other business entity qualified to doing busi-
 34    ness in the state of Idaho which contracts, subcontracts or  otherwise  agrees
 35    or  undertakes  to  perform  any function or activity upon any land, building,
 36    highway, waterway or other premises.
 37        (3)  "High voltage" means voltage in excess of  six  hundred  (600)  volts
 38    measured between conductors or between a conductor and the ground.
 39        (4)  "Overhead  line"  means  all  electrical  conductors  installed above
 40    ground.
 41        (5)  "Person" means any individual or natural person  business  entity  of
 42    any kind.
 43        (6)  "Public utility" means any publicly, cooperatively or privately owned
                                                                        
                                           2
                                                                        
  1    utility which owns or operates a high voltage overhead line.
                                                                        
  2        SECTION  2.  That  Section 55-2403, Idaho Code, be, and the same is hereby
  3    amended to read as follows:
                                                                        
  4        55-2403.  ACTIVITY IN CLOSE PROXIMITY TO LINES --  CLEARANCE  ARRANGEMENTS
  5    WITH  PUBLIC  UTILITY -- PAYMENT. (1) If any contractor desires to temporarily
  6    carry on any function, activity, work or operation in closer proximity to  any
  7    high  voltage overhead line than permitted in this chapter, or in such proxim-
  8    ity that the function, activity, work or operation could possibly come  within
  9    closer  proximity  than  permitted in this chapter, the contractor responsible
 10    for performing the work shall promptly notify the  public  utility  owning  or
 11    operating  the  high voltage overhead line in writing. The contractor may per-
 12    form the work only after making mutually agreeable arrangements with the  pub-
 13    lic  utility  owning or operating the line, including coordination of work and
 14    construction  schedules.  Arrangements  may  include  placement  of  temporary
 15    mechanical barriers to separate and prevent contact between  material,  equip-
 16    ment  or persons and the high voltage overhead lines, temporary deenergization
 17    and grounding, or temporary relocation or raising of the high voltage overhead
 18    lines. A written agreement identifying the arrangements and the payment to  be
 19    made  therefor, if any, as provided in subsection (2) of this section shall be
 20    executed by the parties.
 21        (2)  The public utility may, in conformance with its  then  current  prac-
 22    tice, require the contractor responsible for performing the work in the vicin-
 23    ity  of the high voltage overhead lines to pay any actual expenses of the pub-
 24    lic utility in providing arrangements for clearances work in  close  proximity
 25    to  the  overhead  lines.  The  public  utility is not required to provide the
 26    arrangements for clearances work in close  proximity  to  the  overhead  lines
 27    until  a  written  agreement for payment has been made. The public utility may
 28    require payment in advance. Any surplus amounts paid to the utility  shall  be
 29    refunded.
 30        (3)  The public utility shall make arrangements for clearances to accommo-
 31    date  activity in proximity to overhead lines in accordance with the agreement
 32    of the parties. Where a date certain for completion of the clearance  arrange-
 33    ments  is  not  otherwise specified in the agreement, the arrangements must be
 34    completed within a reasonable time with consideration to all existing  circum-
 35    stances. However, any delay in completing the arrangement shall not excuse nor
 36    authorize the person, contractor or subcontractor to undertake to perform work
 37    in  closer  proximity  to high voltage overhead lines than is provided herein,
 38    until such time as the arrangements have been completed.
 39        (4)  The public utility may deny any request for clearances which  in  the
 40    judgment of the utility may jeopardize the performance, integrity, reliability
 41    or  stability of the utility's electrical system or any electrical system with
 42    which it is interconnected.

Statement of Purpose / Fiscal Impact


     
                           
                 STATEMENT OF PURPOSE
                       RS 09869 
     
     This bill corrects an oversight in Idaho Code Title 55 Chapter 24 which failed to
     include public utility contractors, subcontractors and their employees as
     "authorized person" under definitions. The bill further defines contractor and  
     "person,"  requires notification in writing, and clarifies timing for work in close
     proximity to high voltage overhead lines. 
     
     
     
                           
                    FISCAL IMPACT 
     
     This bill would have no impact on the state budget. 
     
     
     
     
     
     
     Contact:   Larry Taylor 
               Idaho Power Company 
               (208) 388 -2261 
     
                                        STATEMENT OF PURPOSE/FISCAL NOTE                              H 586