§ 17-158.44. Furnishing of retail electricity continued.

Subject to the provisions of the Retail Electric Consumer Cost Reduction, Safety and Service Efficiency Act, any retail electric supplier shall be entitled to continue and extend the furnishing of electricity, including the right to construct, maintain and operate electric transmission and distribution lines and related facilities along, upon, under and across all existing and future public thoroughfares in an area that has been or shall be included, as a result of incorporation or annexation, within the boundaries of a municipality if the retail electric supplier was furnishing electricity or was constructing or operating electric facilities in the area prior to its incorporation or annexation without obtaining the consent, franchise, license, permit or other authority of the municipality, subject, however, to compliance with the lawful safety requirements of the municipality as to the matter of constructing and maintaining facilities along, upon, under and across thoroughfares.  Provided that, if any such retail electric supplier is or has been operating under a franchise granted by the voters of the municipality, upon expiration of such franchise, this section shall not be construed as a grant of a right to continue and extend the furnishing of electricity within the boundaries of the municipality other than as granted with regard to the annexed area referred to in this section.

Added by Laws 2008, c. 263, § 4, eff. Jan. 1, 2009.  Amended by Laws 2009, c. 46, § 1, emerg. eff. April 14, 2009.