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Regular Session, 2013
HOUSE CONCURRENT RESOLUTI ON NO. 148
BY REPRESENTATIVE STUART BISHOP
PUBLIC CONTRACTS: To create and form an Overhead Power Line Identification Work
Group to study the issues surrounding overhead power lines and construction
projects
A CONCURRENT RESOLUTI ON1
To create and form an Overhead Power Line Identification Work Group, led by the2
Department of Transportation and Development, to identify a solution to problems3
surrounding the identification of power lines for contractors prior to commencing4
work.5
WHEREAS, R.S. 45:141 et seq., the Louisiana Overhead Power Line Safety Act,6
prohibits any work whatsoever within ten feet of a power line carrying in excess of six7
hundred volts and requires a contractor to notify the owner of overhead lines at least forty-8
eight hours prior to commencement of work; and9
WHEREAS, there is a lack of information available for a contractor to readily10
identify a utility company or companies that must be notified of the risk of construction11
equipment coming into contact with, or in close enough proximity to cause arcing of12
electricity with accompanying injury to construction workers or bystanders; and13
WHEREAS, power lines are often in close proximity to construction projects, and14
there is no process in place for identification of the operators of such lines nor are there any15
laws in place to require overhead power line operators to locate and provide height and16
voltage information about power lines; and17
WHEREAS, the Louisiana Overhead Power Line Safety Act further requires that the18
parties come to a satisfactory and mutual agreement for safety procedures within a certain19
time frame; and20 HLS 13RS-3194 ORIGINAL
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WHEREAS, the Louisiana Overhead Power Line Act also prohibits work from being1
commenced by contractors until a "satisfactory mutual agreement" is reached; and2
WHEREAS, there is no procedure to address circumstances where a "satisfactory3
mutual agreement" is not reached and which party is then tasked with producing safety4
procedures or paying for the costs of those procedures; and5
WHEREAS, there are often costly delays to the completion of construction projects6
due to the lack of the identification of overhead power lines; and7
WHEREAS, contractors bear the responsibility and risk for working and operating8
cranes and other equipment in the vicinity of overhead power lines; and9
WHEREAS, House Bill No. 487 of the 2013 Regular Session of the Legislature by10
Representative Stuart Bishop sought to require designers of projects to identify the location,11
wattage, and height of power lines; and12
WHEREAS, House Bill No. 487 of the 2013 Regular Session of the Legislature13
sparked much discussion by contractors, utility companies, and design professionals; and14
WHEREAS, all parties decided that the matter of identification of location, wattage,15
and height of power lines is a complex issue that will require further formal study and16
discussion to formulate an equitable and reasonable solution to a problem that currently has17
none.18
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby19
authorize and establish the Overhead Power Line Identification Work Group which shall20
report its recommendations regarding the identification of ownership, location, wattage, and21
height of power lines for contractors and related issues to the House and Senate committees22
on transportation, highways, and public works.23
BE IT FURTHER RESOLVED that the work group created herein shall consist of24
the following members:25
(1) The secretary of the Department of Transportation and Development or his26
designee.27
(2) The director of the office of facility planning and control or his designee.28
(3) The president of the Louisiana Associated General Contractors or his designee.29 HLS 13RS-3194 ORIGINAL
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(4) The vice president of regulatory and governmental affairs of Entergy Louisiana1
or his designee.2
(5) The senior vice president of commercial operations of Cleco Power, LLC,3
(CLECO) or his designee.4
(6) The vice president of external affairs for Southwestern Electric Power Company5
(SWEPCO) or his designee.6
(7) One member appointed by the Association of Louisiana Electric Cooperatives.7
(8) The president of the Police Jury Association of Louisiana or his designee.8
(9) The president of the Louisiana Municipal Association or his designee.9
(10) The president of the American Council of Engineering Companies of Louisiana10
or his designee.11
(11) The president of the Louisiana Society of Professional Surveyors or his12
designee.13
(12) The president of the Louisiana Architects Association or his designee.14
BE IT FURTHER RESOLVED that the work group shall identify the issues15
surrounding the identification of location, wattage, and height of power lines by design16
professionals for contractors, as well as related issues, and make specific recommendations17
regarding legislation to be introduced to address the issues identified.18
BE IT FURTHER RESOLVED that the work group shall convene its first meeting19
no later than August 1, 2013.20
BE IT FURTHER RESOLVED that the work group shall notify the following21
persons of the time, date, and location of each work group meeting: the chairwoman of the22
House Committee on Transportation, Highways and Public Works, the chairman of the23
Senate Committee on Transportation, Highways and Public Works, the chairman of the24
House Committee on Commerce, the chairman of the Senate Committee on Commerce,25
Consumer Protection, and International Affairs, the senator representing Senate District26
Number 27, and the member of the House of Representatives representing House District27
Number 43.28 HLS 13RS-3194 ORIGINAL
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BE IT FURTHER RESOLVED that the work group shall submit a written report of1
its findings and recommendations to the House and Senate committees on transportation,2
highways, and public works no later than January 1, 2014.3
BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted4
to the secretary of the Department of Transportation and Development, the office of facility5
planning, Louisiana Associated General Contractors, Entergy Louisiana, LLC, Cleco Power,6
LLC, Southwestern Electric Power Company, the Association of Louisiana Electrical7
Cooperatives, the Police Jury Association of Louisiana, the Louisiana Municipal8
Association, the American Council of Engineering Companies of Louisiana, the Louisiana9
Society of Professional Surveyors, and the Louisiana Architects Association.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Stuart Bishop HCR No. 148
Creates and forms the Overhead Power Line Identification Work Group. Requires the work
group to submit a written report of its findings to the House and Senate committees on
transportation, highways, and public works by Jan. 1, 2014.