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S.B. 754 VETOES
SECRETARY OR SECRETARY'S DESIGNEE WITHIN 4 HOURS AFTER THE UTILITY
COMPANY RESPONDS TO A UTILITY EMERGENCY.
3. AN INCIDENTAL DRIVER SAFETY PLAN MUST INCLUDE
THE PROCEDURES THAT THE UTILITY COMPANY WILL FOLLOW TO ENSURE THAT AN
INCIDENTAL DRIVER WILL NOT DRIVE DURING A UTILITY EMERGENCY IF THE
INCIDENTAL DRIVER HAS NOT HAD SUFFICIENT REST TO ENSURE THAT THE
INCIDENTAL DRIVER MAINTAINS THE ABILITY TO DRIVE SAFELY.
(3) (i) All declarations issued under this [section] SUBSECTION shall
indicate the nature of the utility or transportation emergency, the area or areas
threatened, and the conditions which have brought it about.
(ii) A declaration shall be disseminated by a means calculated to
bring its contents to the attention of the general public, in the areas affected by the
declaration.
(4) Within 10 days of the issuance of any declaration issued under this
[section] SUBSECTION, the Secretary or the Secretary's designee shall notify the
Governor of the nature of the declaration.
(5) A [utility or] transportation emergency declared by the Secretary or
the Secretary's designee may not extend for more than 3 5 days, unless renewed by
the Governor pursuant to § 14-107 of the Public Safety Article.
(k) (1) NOTWITHSTANDING THE PROVISIONS OF § 14-107 OF THE PUBLIC
SAFETY ARTICLE, A UTILITY COMPANY MAY DECLARE A UTILITY EMERGENCY.
(2) (I) BEFORE A UTILITY COMPANY MAY EXERCISE THE AUTHORITY
TO DECLARE A UTILITY EMERGENCY, THE UTILITY COMPANY SHALL FILE A PLAN
WITH THE SECRETARY OR THE SECRETARY'S DESIGNEE.
(II) THE PLAN SHALL ESTABLISH THE PROCEDURES THAT THE
UTILITY COMPANY WILL FOLLOW TO ENSURE THAT AN INCIDENTAL DRIVER WILL
NOT DRIVE DURING A UTILITY EMERGENCY IF THE INCIDENTAL DRIVER HAS NOT
HAD AN AMOUNT OF REST SUFFICIENT TO ENSURE THAT THE DRIVER MAINTAINS
THE ABILITY TO DRIVE SAFELY.
(III) A UTILITY COMPANY IS NOT REQUIRED TO FILE A NEW PLAN
EACH TIME THE UTILITY COMPANY INTENDS TO DECLARE A UTILITY EMERGENCY.
(3) IF A UTILITY COMPANY DECLARES A UTILITY EMERGENCY, THE
UTILITY COMPANY SHALL NOTIFY THE SECRETARY OR THE SECRETARY'S DESIGNEE
OF THE NATURE OF THE DECLARATION WITHIN 24 HOURS OF THE DECLARATION.
(4) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO AN
INCIDENTAL DRIVER DURING A TIME WHEN A UTILITY EMERGENCY IS DECLARED
UNDER THIS SUBSECTION ON NOTIFICATION BY A UTILITY COMPANY THAT IT IS
RESPONDING TO A UTILITY EMERGENCY, THE SECRETARY OR SECRETARY'S
DESIGNEE SHALL:
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- 3848 -
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