HB2523

SECTION 1. The legislature finds that it is critical to develop a local workforce of properly qualified, trained, and licensed electric utility linemen, which will protect the health and safety of the public and utility workers and improve and maintain Hawaii's electrical infrastructure. Recently, the tragic events on Maui made this need a top priority.

The legislature further finds that Act 183, Session Laws of Hawaii 1971 (Act 183), established the board of electricians and plumbers to oversee the licensing policies of the State's electricians and plumbers and ensure the safety and welfare of the public. Act 183 also exempted employees of a public utility who perform electric utility work from these licensing requirements.

Due to a growing need for electrical utility infrastructure improvements, hardening, expansion, upgrades, repair, maintenance work, and a qualified workforce to perform such work, utilities began contracting out work previously performed by employees of a utility. However, the board of electricians and plumbers has stated that electric utility work contracted out by a utility and performed by contractors falls outside of the exemption provided in Act 183. In response, the legislature passed Act 65, Session Laws of Hawaii 2013 (Act 65), which provided a limited exemption from electrician licensing requirements for certain contractors retained by electric utilities who perform electric utility work. Act 65 recognized the need for experienced and qualified linemen in the State who can perform certain complex maintenance and repair work affecting an electric utility and noted the potential impacts to the health and safety of the State and its residents. Act 65 included a sunset date of June 30, 2018. Industry stakeholders testified in 2013 in support of this sunset date and indicated that, "[l]ocal training to develop a quality Hawaiian workforce would be the best long-term goal for securing a safe and reliable electrical grid for our community."

The legislature further finds that Act 60, Session Laws of Hawaii 2018, extended the sunset date of Act 65 for an additional four years, with the intent to provide the industry with the time needed to develop a local workforce of trained and qualified linemen to address the growing needs of Hawaii's electrical utilities.

Currently, there are established and state-approved electric utility lineman apprenticeship programs available, with others being developed. The National Electrical Safety Code, adopted by the public utility commission, is recognized as the code and standard for training electric utility lineman and covers the purpose and scope of work performed for the generation, transmission, and distribution of electricity and related electric utility facilities, equipment, and infrastructure from the point of generation to the point of service.

The legislature acknowledges the extreme working conditions and inherent dangers of work performed by an electrical utility lineman. Consistent with the Electrical Training Alliance, which is the recognized industry partner by the International Brotherhood of Electrical Workers and the National Electrical Contractors Association, the legislature recognizes the significant and critical differences between an inside wireman electrician trained and licensed under the purpose and scope of the National Electrical Code and an electrical utility lineman trained under the purpose and scope of the National Electrical Safety Code.

Accordingly, the purpose of this Act is to ensure the health and safety of the public and electric utility workers.

SECTION 2. Section 448E-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Journey worker electric utility lineman" means any person who has been licensed by the board in accordance with the National Electrical Safety Code as a journey worker electric utility lineman to perform all electric utility work involving the installation, maintenance, and operation of energized and de-energized equipment and appurtenances associated with the transmission and distribution of electricity from the electricity's original source to the point of service."

SECTION 3. Section 444-9.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) All individuals, employed [~~on a construction job site~~] by an electrical or plumbing contractor, who are licensed in accordance with chapter 448E shall visibly display their license on their person while [~~on the construction job site.~~] performing the work the individuals are licensed to perform pursuant to chapter 448E. Only individuals displaying their license at the time of a site inspection shall be counted as a licensee to determine compliance with this section."

SECTION 4. Section 448E-2, Hawaii Revised Statutes, is amended to read as follows:

"§448E-2 Board; appointment. There is established the board of electricians and plumbers consisting of [~~seven~~] nine members. Two of the members shall be engaged in the electrical trade, two of the members shall be engaged in electric utility work, and two of the members shall be engaged in the plumbing trade. Three of the members shall be private citizens not connected with the industry."

SECTION 5. Section 448E-4, Hawaii Revised Statutes, is amended to read as follows:

"§448E-4 Powers and duties of board. In addition to any other powers and duties authorized by law, the board shall have all the powers and duties necessary or convenient to carry out and effectuate this chapter, including but not limited to the following powers and duties:

(1) To grant licenses, which shall be renewable, for:

(A) Journey worker electricians;

(B) Journey worker electric utility lineman;

[~~(B)~~] (C) Journey worker specialty electricians;

[~~(C)~~] (D) Supervising electricians;

[~~(D)~~] (E) Supervising specialty electricians;

[~~(E)~~] (F) Master plumbers;

[~~(F)~~] (G) Journey worker plumbers;

[~~(G)~~] (H) Maintenance electricians;

[~~(H)~~] (I) Journey worker industrial electricians; and

[~~(I)~~] (J) Supervising industrial electricians;

(2) To adopt, amend, or repeal rules in accordance with chapter 91 as it may deem proper to effectuate this chapter and to [~~insure~~] ensure the safety and welfare of the general public; provided that the rules may forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter;

(3) To enforce this chapter and rules adopted pursuant to this chapter and chapter 91, including the denial, suspension, or revocation of any license; and

(4) To examine all applicants and licensees to determine their qualifications prior to the issuance or renewal of licenses."

SECTION 6. Section 448E-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as otherwise provided in subsection (b), an applicant shall possess the following minimum qualifications:

(1) Journey worker electrician: To be eligible for the journey worker electrician examination, an applicant shall be at least eighteen years of age and shall provide satisfactory evidence of experience in residential or commercial wiring of at least five years full-time or its equivalent, but not less than ten thousand hours, in the trade under the supervision of a journey worker or supervising electrician;

(2) Journey worker electric utility lineman: To be eligible for the journey worker electric utility lineman examination, an applicant shall be at least eighteen years of age and shall provide satisfactory evidence of:

(A) Experience in electric utility lineman work within the purpose and scope of the National Electrical Safety Code and other codes and standards adopted pursuant to chapter 269;

(B) At least three and a half years full-time or its equivalent, but not less than seven thousand hours, performing the work under the supervision of a journey worker electric utility lineman; and

(C) Satisfactory completion, accepted by a University of Hawaii community college or its equivalent offering an appropriate program of study, of four hundred thirty-two hours of electrical academic coursework;

provided that all individuals actively employed by an electric utility incorporated in the State as a journey worker electric utility lineman or individuals actively performing the work of a journey worker electric utility lineman in the State for a minimum of six calendar months prior to January 1, 2027, shall be deemed qualified as a journey worker electric utility lineman for licensing purposes according to this chapter;

[~~(2)~~] (3) Journey worker specialty electrician: To be eligible for the journey worker specialty electrician examination, an applicant shall be at least eighteen years of age and shall provide satisfactory evidence of at least five years' experience in the trade;

[~~(3)~~] (4) Supervising electrician: To be eligible for the supervising electrician examination, an applicant shall have been registered with the board as a journey worker electrician for at least a period of four years or shall have equivalent experience in the trade;

[~~(4)~~] (5) Supervising specialty electrician: To be eligible for the supervising specialty electrician examination, an applicant shall have been registered with the board as a journey worker specialty electrician for at least a period of four years or shall have equivalent experience in the trade;

[~~(5)~~] (6) Journey worker plumber: To be eligible for the journey worker plumber examination, an applicant shall provide satisfactory evidence of experience of at least five years' full-time or its equivalent, but not less than ten thousand hours, as a journey worker's or master plumber's helper;

[~~(6)~~] (7) Master plumber: To be eligible for the master plumber examination, an applicant shall have been registered with the board as a journey worker plumber for at least two years or shall have equivalent experience in the trade;

[~~(7)~~] (8) Maintenance electrician: To be eligible for the maintenance electrician examination, an applicant shall be not less than eighteen years of age and shall provide satisfactory evidence of at least one year of experience in performing electrical maintenance work or two years of schooling in the electrical trade;

[~~(8)~~] (9) Journey worker industrial electrician: To be eligible for the journey worker industrial electrician examination, an applicant shall be at least eighteen years of age and shall provide satisfactory evidence of experience in industrial electrical work of at least five years full-time or its equivalent, but not less than ten thousand hours; or

[~~(9)~~] (10) Supervising industrial electrician: To be eligible for the supervising industrial electrician examination, an applicant shall have been registered with the board as a journey worker industrial electrician for a period of at least four years or shall have equivalent experience in the trade."

SECTION 7. Section 448E-8, Hawaii Revised Statutes, is amended to read as follows:

"§448E-8 Fees; renewals. (a) Renewal fees shall be paid to the board before July 1.

(b) Plumbers shall renew the license every three years effective June 30, 2006, and shall pay all required fees. Prior to the June 30, 2009, renewal of the license, and prior to every license renewal thereafter, the applicant shall:

(1) Pay all required fees; and

(2) Meet the requirements prescribed in section 448E‑8.5.

(c) Electricians shall renew the license every three years effective with the July 1, 1996, renewal; provided that prior to the renewal of the license, the applicant shall:

(1) Pay all required fees; and

(2) Meet the requirements prescribed in section 448E-8.5.

(d) Electric utility linemen shall renew the license every three years; provided that prior to the renewal of the license, the applicant shall:

(1) Pay all required fees; and

(2) Meet the requirements prescribed in section 448E-8.5.

[~~(d)~~] (e) Failure, neglect, or refusal of any licensee to pay the renewal fee or meet the requirements of section 448E-8.5 before the renewal date shall constitute a forfeiture of the license. Any license so forfeited may be restored upon written application within one year from the date of forfeiture, upon payment of the required renewal fee plus penalty fees, and upon meeting the requirements in section 448E-8.5."

SECTION 8. Section 448E-8.5, Hawaii Revised Statutes, is amended to read as follows:

"§448E-8.5 Continued competency; license renewals. (a) Prior to each license renewal, all licensed electricians except maintenance electricians shall:

(1) Furnish the board with proof of attendance at an educational course related to current updates of the National Electrical Code conducted or approved by the community colleges; or

(2) Successfully complete an examination prescribed by the board on current updates to the National Electrical Code. The board shall contract with a professional testing agency to prepare, administer, and grade the examination. [~~Fees~~] A licensee shall pay all fees related to the examination [~~shall be paid by the licensee~~] directly to the professional testing agency.

(b) Prior to each license renewal, all licensed electric utility linemen shall:

(1) Furnish the board with proof of attendance at an educational course related to current updates of the National Electrical Safety Code and other codes and standards adopted pursuant to chapter 269 conducted or approved by the University of Hawaii community colleges or its equivalent; and

(2) Successfully complete an examination prescribed by the board on current updates to the National Electrical Safety Code and other codes and standards adopted pursuant to chapter 269. The board shall contract with a professional testing agency to prepare, administer, and grade the examination. A licensee shall pay all fees related to the examination directly to the professional testing agency.

[~~(b)~~] (c) Prior to each license renewal, all licensed plumbers shall:

(1) Furnish the board with proof of attendance at an educational course related to current updates of the Uniform Plumbing Code conducted or approved by the community colleges; or

(2) Successfully complete an examination prescribed by the board on current updates to the Uniform Plumbing Code. The board shall contract with a professional testing agency to prepare, administer, and grade the examination. A licensee shall pay all fees related to the examination directly to the professional testing agency.

[~~(c)~~] (d) A licensee who has been issued a new license within one year of the renewal date shall not be required to take the course or the examination to renew the licensee's license."

SECTION 9. Section 448E-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person shall act or assume to act as a journey worker electrician, journey worker electric utility lineman, journey worker specialty electrician, supervising electrician, supervising specialty electrician, journey worker plumber, master plumber, maintenance electrician, journey worker industrial electrician, or supervising industrial electrician, or advertise or hold the person's self out as an electrician, electric utility lineman, or plumber, without a license previously obtained in compliance with this chapter and the rules of the board; provided that any person may perform emergency plumbing repair work in the person's principal place of residence when such repairs do not involve or require rearrangement of valves, pipes, or fixtures; provided further that no such emergency repairs may be performed on sewer lines, drains, gas lines, and on fixtures being served with backflow devices [~~which~~] that include heaters, water closets, dishwashers, and garbage disposal units.

For purposes of this subsection:

"Electric utility lineman" means any person who is trained and performs energized and de-energized electric utility lineman work as described in this chapter and within the purpose and scope of the National Electrical Safety Code and other codes and standards adopted pursuant to chapter 269, including but not limited to any person who acts as a journey worker electric utility lineman.

"Electrician" means any person who performs electrical work and includes but is not limited to any person who acts as a journey worker electrician, journey worker specialty electrician, supervising electrician, supervising specialty electrician, maintenance electrician, journey worker industrial electrician, or supervising industrial electrician.

"Plumber" means any person who performs plumbing work and includes but is not limited to any person who acts as a journey worker plumber or master plumber."

SECTION 10. Section 448E-11, Hawaii Revised Statutes, is amended to read as follows:

"§448E-11 Injunction. The board may, in addition to any other remedy available, apply to a circuit court judge for a temporary restraining order or preliminary or permanent injunction restraining any person from acting, or assuming to act, as a journey worker electrician, journey worker electric utility lineman, journey worker specialty electrician, supervising electrician, supervising specialty electrician, maintenance electrician, journey worker industrial electrician, supervising industrial electrician, journey worker plumber, or master plumber without a license previously obtained in compliance with this chapter and the rules of the board, and upon hearing and for cause shown, the judge may grant the temporary restraining order or preliminary or permanent injunction."

SECTION 11. Act 68, Session Laws of Hawaii 2022, is amended by amending section 6 to read as follows:

"SECTION 6. This Act shall take effect on July 1, 2022; provided that[~~, notwithstanding the repeal and reenactment provision in section 4 of Act 65, Session Laws of Hawaii 2013, as amended by section 2 of Act 60, Session Laws of Hawaii 2018, and this Act,~~] subsection (c) of section 448E-13, Hawaii Revised Statutes, as added by section 2 of this Act, shall [~~not~~] be repealed when that section is reenacted on June 30, 2027, pursuant to section 4 of Act 65, Session Laws of Hawaii 2013, as amended by this Act."

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect on July 1, 2024; provided that sections 2 through 10 shall take effect on January 1, 2027.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2523
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII