(HB 1102)
Revise certain provisions related to utility negligence claims.
Section
1.
That
§
47-21-75
be amended to read as follows:
47-21-75.
Construction of electric lines by a cooperative shall
, as a minimum requirement,
comply with the standards of the National Electrical Safety Code in effect at the time of
such
the
construction
; provided, however, that where Y-connected circuits with neutral conductors
effectively grounded throughout their length are used in the construction or reconstruction of
electrical distribution or transmission lines, minimum vertical clearance of wires or neutral
conductors over ground or rails shall be determined by the voltage between the wires and the
ground, if such voltage does not exceed fifteen thousand volts
.
Proof of compliance with the
requirements of the applicable National Electrical Safety Code establishes due care in the defense
of a negligence claim alleging a violation of that standard.
Section
2.
That
§
31-26-5
be amended to read as follows:
31-26-5.
The grantee under § 31-26-1 shall construct and maintain
said
the grantee's
poles,
wires, or underground cable and line in accordance with the
applicable
National Electrical Safety
Code adopted by the Bureau of Standards of the United States Department of Commerce.
Proof
of compliance with the requirements of the applicable National Electrical Safety Code standard
establishes due care in the defense of a negligence claim alleging a violation of that standard.
Section
3.
That
§
31-26-22
be amended to read as follows:
31-26-22.
The Transportation Commission may
adopt
promulgate
rules and the Department
of Transportation may issue permits
,
to allow electrical lines, pipelines, communication lines and
other utilities, including rural water service pipelines, whether above or below ground, to operate
the facilities over, under
,
or along public grounds, streets, alleys and highways under its
jurisdiction in this state. Any rule
adopted under
promulgated pursuant to
this section shall set
forth application and issuance of permit criteria and installation standards necessary to preserve
a safe traffic environment, the appearance of the highway, and the efficiency and economy of
highway maintenance and shall be
adopted
promulgated
pursuant to chapter 1-26.
Proof of
compliance with the requirements of the applicable National Electrical Safety Code standard
establishes due care in the defense of a negligence claim alleging a violation of that standard.