ENROLLED
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Regular Session, 2013
HOUSE CONCURRENT RESOLUTI ON NO. 148
BY REPRESENTATIVE STUART BISHOP
A CONCURRENT RESOLUTI ON
To create and form an Overhead Power Line Identification Work Group, led by the
Department of Transportation and Development, to identify a solution to problems
surrounding the identification of power lines for contractors prior to commencing
work.
WHEREAS, R.S. 45:141 et seq., the Louisiana Overhead Power Line Safety Act,
prohibits any work whatsoever within ten feet of a power line carrying in excess of six
hundred volts and requires a contractor to notify the owner of overhead lines at least forty-
eight hours prior to commencement of work; and
WHEREAS, there is a lack of information available for a contractor to readily
identify a utility company or companies that must be notified of the risk of construction
equipment coming into contact with, or in close enough proximity to cause arcing of
electricity with accompanying injury to construction workers or bystanders; and
WHEREAS, power lines are often in close proximity to construction projects, and
there is no process in place for identification of the operators of such lines nor are there any
laws in place to require overhead power line operators to locate and provide height and
voltage information about power lines; and
WHEREAS, the Louisiana Overhead Power Line Safety Act further requires that the
parties come to a satisfactory and mutual agreement for safety procedures within a certain
time frame; and
WHEREAS, the Louisiana Overhead Power Line Act also prohibits work from being
commenced by contractors until a "satisfactory mutual agreement" is reached; and
WHEREAS, there is no procedure to address circumstances where a "satisfactory
mutual agreement" is not reached and which party is then tasked with producing safety
procedures or paying for the costs of those procedures; and ENROLLEDHCR NO. 148
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WHEREAS, there are often costly delays to the completion of construction projects
due to the lack of the identification of overhead power lines; and
WHEREAS, contractors bear the responsibility and risk for working and operating
cranes and other equipment in the vicinity of overhead power lines; and
WHEREAS, House Bill No. 487 of the 2013 Regular Session of the Legislature by
Representative Stuart Bishop sought to require designers of projects to identify the location,
wattage, and height of power lines; and
WHEREAS, House Bill No. 487 of the 2013 Regular Session of the Legislature
sparked much discussion by contractors, utility companies, and design professionals; and
WHEREAS, all parties decided that the matter of identification of location, wattage,
and height of power lines is a complex issue that will require further formal study and
discussion to formulate an equitable and reasonable solution to a problem that currently has
none.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
authorize and establish the Overhead Power Line Identification Work Group which shall
report its recommendations regarding the identification of ownership, location, wattage, and
height of power lines for contractors and related issues to the House and Senate committees
on transportation, highways, and public works.
BE IT FURTHER RESOLVED that the work group created herein shall consist of
the following members:
(1) The secretary of the Department of Transportation and Development or his
designee.
(2) The director of the office of facility planning and control of the division of
administration or his designee.
(3) The president of the Louisiana Associated General Contractors, Inc. or his
designee.
(4) The vice president of regulatory and governmental affairs of Entergy Louisiana
or his designee.
(5) The senior vice president of commercial operations of Cleco Power LLC
(CLECO) or his designee. ENROLLEDHCR NO. 148
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(6) The vice president of external affairs for Southwestern Electric Power Company
(SWEPCO) or his designee.
(7) One member appointed by The Association of Louisiana Electric Cooperatives,
Inc.
(8) The president of the Police Jury Association of Louisiana, Inc. or his designee.
(9) The president of The Louisiana Municipal Association or his designee.
(10) The president of the American Council of Engineering Companies of Louisiana,
Inc. or his designee.
(11) The president of the Louisiana Society of Professional Surveyors or his
designee.
(12) The president of AIA Louisiana, The Louisiana Architects Association or his
designee.
(13) The general manager of the Louisiana Energy and Power Authority or his
designee.
BE IT FURTHER RESOLVED that the work group shall identify the issues
surrounding the identification of location, wattage, and height of power lines by design
professionals for contractors, as well as related issues, and make specific recommendations
regarding legislation to be introduced to address the issues identified.
BE IT FURTHER RESOLVED that the work group shall convene its first meeting
no later than August 1, 2013.
BE IT FURTHER RESOLVED that the work group shall notify the following
persons of the time, date, and location of each work group meeting: the chairwoman of the
House Committee on Transportation, Highways and Public Works, the chairman of the
Senate Committee on Transportation, Highways and Public Works, the chairman of the
House Committee on Commerce, the chairman of the Senate Committee on Commerce,
Consumer Protection, and International Affairs, the senator representing Senate District
Number 27, and the member of the House of Representatives representing House District
Number 43.
BE IT FURTHER RESOLVED that the work group shall submit a written report of
its findings and recommendations to the House and Senate committees on transportation,
highways, and public works no later than January 1, 2014. ENROLLEDHCR NO. 148
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BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted
to the secretary of the Department of Transportation and Development, the director of the
office of facility planning and control of the division of administration, Louisiana
Associated General Contractors, Inc., Entergy Louisiana, Cleco Power LLC, Southwestern
Electric Power Company, The Association of Louisiana Electric Cooperatives, Inc., Police
Jury Association of Louisiana, Inc., The Louisiana Municipal Association, American
Council of Engineering Companies of Louisiana, Inc., Louisiana Society of Professional
Surveyors, AIA Louisiana, The Louisiana Architects Association, and the Louisiana Energy
and Power Authority.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE