HOUSE OF REPRESENTATIVES |
H.B. NO. |
2549 |
TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to electrical contractors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 65, Session Laws of Hawaii 2013, established a limited exemption to the licensing requirements for certain individuals in situations when an electric utility must retain qualified individuals to work with high voltage (six hundred volts or higher) who are not licensed in the State but are otherwise deemed qualified by the electric utility. The legislature further finds that Act 65, Session Laws of Hawaii 2013, although effective upon approval, provided that on June 30, 2018, Act 65 would be repealed.
The legislature additionally finds that most in-state electrical workers are experienced in low voltage electrical work, which includes wiring buildings at one hundred twenty/two hundred forty volts. However, there are currently not enough high voltage electricians, splicers, and linemen in the State who are experienced and qualified to work with high voltage and who can perform certain complex maintenance and repair work affecting an electric utility. Further, the legislature finds that these qualified individuals that perform high voltage work, are only permitted to perform this work while employed by a Hawaii licensed electrical contractor.
Furthermore, the limited exemption established by Act 65, Session Laws of Hawaii 2013, does not extend to work of these same individuals when they are retained for utility grade electrical work by a renewable electricity producer or non-public utility. The legislature finds that Act 65, Session Laws of Hawaii 2013, had not anticipated the potential impact on utility grade renewable energy projects in the State. As Hawaii moves toward its renewable energy goals, Hawaii's public utilities will continue to enter into power purchase agreements, where by these renewable energy projects will connect to the public utilities power grid. However, unless these qualified individuals that perform high voltage can be retained by the renewable energy producers, these utility grade projects will be prohibited from retaining these individuals to perform the high voltage work or these projects will be unreasonably costly to Hawaii consumers.
The legislature concludes that there are potential impacts to the construction of renewable energy projects that require high voltage electrical work to be performed, and a specific exception to the licensing requirements for certain qualified individuals is therefore needed. The legislature further concludes that such exception is necessary to reduce the electrical contracting costs that currently exist.
The purpose of this Act is to provide an exemption to the licensing requirements for certain qualified individuals in situations when high voltage (six hundred volts or higher) electrical work is performed while employed by a Hawaii licensed electrical contractor.
SECTION 2. Chapter 448E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§448E- Exemption
for high voltage electrical work. (a) Employees of an electrical contractor duly
licensed under chapter 444 shall be exempt from this chapter; provided that:
(1) The contractor
is retained to perform high voltage (six hundred volts or higher) electrical
work; and
(2) The employee is
deemed qualified to perform high voltage electrical work.
(b) Persons retained pursuant to subsection (a)
shall be exempt from the provisions of section 444-9.5.
(c) For the purpose of this section, "qualified
to perform high voltage electrical work" means a person certified through
an apprenticeship program authorized by the Employment and Training
Administration of the United States Department of Labor or the state department
of labor and industrial relations to perform high voltage electrical work."
SECTION 3. Section 444-9.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A person licensed as an electrical or plumbing contractor under this chapter may enter into contracts to perform electrical or plumbing work, respectively; provided that:
(1) If the contractor's responsible managing employee, which includes a sole proprietor, is not licensed in accordance with chapter 448E, the contractor shall employ individuals licensed in accordance with chapter 448E to actually perform the electrical or plumbing work, respectively, subject to this section; and
(2) Employees of a community
antennae television company and employees of a public utility within the State
that is franchised or chartered by the State and regulated by the public
utilities commission shall be exempt from this section while so employed and
acting within the scope of their employment[.]; or
(3) Employees of an
electrical contractor duly licensed under this chapter that is retained to
perform high voltage (six hundred volts or higher) electrical work shall be
exempt from this section while so employed and acting within the scope of their
employment."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Electrical Contractors; High Voltage Work; Licensing Exemption
Description:
Provides an exemption to the licensing requirements for certain qualified individuals in situations when high voltage (six hundred volts or higher) electrical work is performed while employed by a Hawaii licensed electrical contractor.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.