SB 289

Sponsor
Session
Regular Session 2018
Title
Electric lines, high voltage overhead lines, operation of equipment, etc, near prohibited under certain conditions, distance increased, warning signs on certain equipment required, Secs. 37-8-52, 37-8-53 am'd.
Description

Under existing law, it is unlawful to operate tools, machinery, or equipment, or move a building within six feet of a high voltage overhead conductor of electricity unless certain safeguards are in place. In addition, cranes, derricks, power shovels, and similar equipment are required to have a warning sign posted on the equipment concerning the operation within six feet of overhead high voltage lines. Both laws are subject to criminal penalties

This bill would increase the distance under both laws to 10 feet

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Sections 37-8-52 and 37-8-53 of the Code of Alabama 1975, prohibiting the operation of certain equipment within a certain distance from high voltage overhead conductors of electricity and requiring the posting of warning signs on certain equipment concerning the operation of certain equipment near overhead high voltage electric lines and providing criminal penalties; to increase the distance where operation of the equipment is prohibited and to revise the warning signs required on equipment accordingly; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Subjects
Utilities
View Original PDF: SB 289 - Introduced - PDF

Under existing law, it is unlawful to operate tools, machinery, or equipment, or move a building within six feet of a high voltage overhead conductor of electricity unless certain safeguards are in place. In addition, cranes, derricks, power shovels, and similar equipment are required to have a warning sign posted on the equipment concerning the operation within six feet of overhead high voltage lines. Both laws are subject to criminal penalties

This bill would increase the distance under both laws to 10 feet

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Sections 37-8-52 and 37-8-53 of the Code of Alabama 1975, prohibiting the operation of certain equipment within a certain distance from high voltage overhead conductors of electricity and requiring the posting of warning signs on certain equipment concerning the operation of certain equipment near overhead high voltage electric lines and providing criminal penalties; to increase the distance where operation of the equipment is prohibited and to revise the warning signs required on equipment accordingly; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

Sections 37-8-52 and 37-8-53 of the Code of Alabama 1975, are amended to read as follows:

§37-8-52.

(a) No person shall either personally or through an employee or agent, or as an employee or agent of another, use, operate, place, erect, or move any tools, machinery, equipment, apparatus, or material, or move any building or other structure or any part thereof within six 10 feet of a high voltage overhead conductor of electricity except where such the person has arranged effectively to safeguard against danger of accidental contact with such the high voltage overhead conductor of electricity by either any of the following:

(1) The erection of mechanical barriers which shall prevent physical contact with such the high voltage overhead conductor;.

(2) Deenergizing such the high voltage overhead conductor and grounding the same; or.

(3) Temporary or permanent relocation of such the high voltage overhead conductor.

(b) Only in the case of compliance with one or more of the above safety measures, after the negotiation of mutually agreeable arrangements with the owner or operator of such the high voltage overhead conductor, may the six-foot 10-foot clearance requirement be reduced. In no event shall the provisions of this section be construed to permit any contact being made with high voltage overhead conductors and their supports, whether energized or not. The required six-foot 10-foot clearance shall not be provided by impressing strains, by attachment or otherwise, upon the conductors or their supporting structures or upon their appurtenances or associated equipment.

(c) Each person who fails to comply with or who violates the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding $500.00 five hundred dollars ($500) or imprisonment not exceeding 12 months, or both.

(d) For the purposes of this section, the following terms shall have the following meanings:

(1) HIGH VOLTAGE. A voltage in excess of 750 volts, measured between conductors or measured between the conductor and the ground.

(2) OVERHEAD CONDUCTOR. Any electrical conductor, (either bare or covered), installed above the ground, except such conductors as that are enclosed in iron pipe or other metal covering of equal strength.

§37-8-53.

Whoever operates or employs any person to operate any crane, derrick, power shovel, drilling rig, pile driver, or like apparatus, any part of which is capable of vertical, lateral, or swinging motion, without there being posted and maintained in plain view of the operator thereof a durable, weather-resistant warning sign legible at 12 feet, reading

WARNING, unlawful to operate this equipment within six 10 feet of overhead high voltage lines," is guilty of a misdemeanor and, upon conviction, shall be fined not more than $500.00 five hundred dollars ($500) and imprisoned for not more than 12 months, or both fined and imprisoned. Each day's failure to post or maintain such a sign shall constitute a separate offense."

Section 2

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3

This act shall become effective January 1, 2019.

No articles found.
Action Date Chamber Action
March 22, 2018SAssigned Act No. 2018-402.
March 22, 2018HSignature Requested
March 22, 2018SEnrolled
March 21, 2018SPassed Second House
March 21, 2018HMotion to Read a Third Time and Pass adopted Roll Call 962
March 21, 2018HThird Reading Passed
March 15, 2018HRead for the second time and placed on the calendar
March 13, 2018HRead for the first time and referred to the House of Representatives committee on Transportation, Utilities and Infrastructure
March 13, 2018SMotion to Read a Third Time and Pass adopted Roll Call 785
March 13, 2018SThird Reading Passed
February 15, 2018SRead for the second time and placed on the calendar
February 8, 2018SRead for the first time and referred to the Senate committee on Transportation and Energy
2018-03-21
Chamber: House
Result: Passed
2018-03-13
Chamber: Senate
Result: Passed