February 16, 2021 – LEGISLATIVE ALERT
The following article is a response by Gil Thompson, Vice President and Legislative Liaison for the Electric League of Maryland. This is his opinion concerning matters affecting the electrical industry.
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I was very surprised on Wednesday afternoon, February 10, 2021, to become aware of two electrical legislative bills (Senate Bill 762 and House Bill 1262) that had been introduced for action in the 2021 Maryland Legislative Session.
Click the following links to read the two bills.
Senate Bill 762 – Legislation – SB0762 (maryland.gov)
http://mgaleg.maryland.gov/2021RS/bills/sb/sb0762f.pdf
House Bill 1262 – Legislation – HB1262 (maryland.gov)
http://mgaleg.maryland.gov/2021RS/bills/hb/hb1262F.pdf
Surprised – because prior to the COVID-19 pandemic, it had been decided by various electrical organizations that any legislative action or procedures to change Maryland‘s electrical laws would be put on hold. This would allow representatives from the various groups to provide their input and to discuss major changes to the present law. Various electrical industry leaders wanted to make sure that it would enhance licensing and code regulations, assure that there would be a skilled workforce performing electrical services, and set standards that would entice future applicants and workers so that we would continue to have a viable industry, always keeping in mind that the main purpose was to protect the general public.
As far I know, some individuals and/or organizations decided to introduce this new (but often discussed) legislation without having the various committees meet and become an integral part of the wording for the changes.
I am going to offer my opinion on Senate Bill 762 by Senator McCray, realizing that House Bill 1262 by Delegate Hornberger is a companion bill and has the same objective: to change the Maryland Electrical Law being used at the present time (2021) unless changed.
Note:
- The new bill will give the State Electrical Board the only or sole regulatory power that will issue electrical licenses.
- Local electrical administrative boards that now issue a license to operate in their jurisdiction will only be allowed to register (not license) those persons doing electrical services.
- The local boards will no longer be allowed to test for Master, Journeyperson, or Apprentices for licensure unless they are given approval by the State Board. At the present time, there are only five local jurisdictions that license journeypersons and their procedures or requirements will probably dry up as journeypersons will be required to mandatorily hold a State License so why would a person pay two fees when one would suffice?
- The 22 local jurisdictions that now issue licenses may have to change their local law to accommodate the new way to register rather than license electricians in their jurisdictions.
- The new law will also require all persons who provides electrical services to be regulated and licensed by the State Board. However, there is a provision that will allow local jurisdictions to regulate those persons who are registered by them. However, the final decision about licenses will be made by the State Electrical Board.
- The local boards will have to provide records and information about any new registrations, reciprocity agreements, violations of their local regulations, and any other information required by the State Board on an annual basis.
- There could be some questions raised about the continuing education provisions. Will the State requirement satisfy any local requirements that are now needed? It has been assumed that the ten hours of State regulations will satisfy the continuing education clause, but it is not written so everyone can understand it.
- There also could be a question about testing of electricians, as the State Board will have the only authority, unless given approval to various boards. (There is no provision of what it takes to be approved.)
- The State Board will seem to use the questions for the exams submitted by MUELEC. There is also a provision that they can appoint a committee to develop test questions.
- There could also be a question raised about the local variances or exceptions to the National Electrical Code. Local variances should be included in Part (3) which will provide a State-wide code within 18 months of adoption by the NFPA (National Fire Protection Association).
- There was to be a provision to license low voltage electricians at the submission of the new change to the law. Discussion on voltage limitations had hopefully been resolved and that industry could be included in the present law to have the same benefits of one insurance policy covering them State-wide and also be able to take advantage of the (“passport provision”) – and reciprocity.
Here is a synopsis, given by the bill writer, and I want you, as a supporter, a member, and reader, to obtain your own copy of the bills and make your own determination. Please note that by July 1, 2021, jurisdictions will no longer be allowed to license Master, Journeypersons, or Apprentices.
“Altering the powers and duties of the State Board of Master Electricians; changing the name of the State Board of Master Electricians to the State Board of Electricians; requiring the Department, by December 1, 2024, to adopt regulations necessary for the regulation and licensing of low-voltage electricians if certain legislation establishing a certain licensing program is not enacted by July 1, 2024; prohibiting, beginning on a certain date, local jurisdictions from issuing certain licenses, etc.”
As the bill is written, it gives the State sole regulatory power of licensing but accomplishes State-wide master, journeyperson, and apprentices licensing and other regulatory powers looked for in the past such as: having a Master or Journeyperson on every job and that proper signs and advertisement be consistent, as well as allowing local jurisdictions to continue to function.
If you, as an electrician or a local jurisdictional authority, are willing to give up licensing for registration, local testing (unless approved), and to take on the red tape and time schedules of the State Board, then you have to make up your mind as to whether you will support or reject these latest bills. Remember – sometimes the State Board does not have enough members to even have a quorum for a meeting and because of other regulatory issues, they even table or postpone some decisions. A question should be raised: Is there enough clerical help to take on six to eight thousand more licenses and the ability to resolve problems that arise in the electrical trade across the State?
The COVID-19 pandemic has shown that sometimes State regulations and oversight are not the most logical answer.
Thank you for your consideration.
Sincerely,
Gilbert L. Thompson
Vice President and Legislative Liaison for the ELM
Phone: 410.592.7676
Email: susanjeanne@verizon.net