Effective - 28 Aug 2018
393.1650. Construction-related services, contractor qualification process — definitions — requirements — report. — 1. For purposes of this section, the following terms shall mean:
(1) "Commission", the Missouri public service commission established under section 386.040;
(2) "Electrical corporation", a corporation with more than one million Missouri retail electric customers in the year in which this section becomes effective and that otherwise meets the definition of electrical corporation in section 386.020.
2. Electrical corporations shall develop a qualification process and make such process open to all contractors seeking to provide construction and construction-related services for projects on the electrical corporation's distribution system. Contractors shall have the opportunity to register on the electrical corporation's vendor registration site and be evaluated for bid opportunities. Under the qualification process, electrical corporations may specify eligibility requirements typically accepted by the industry, including but not limited to, experience, performance criteria, safety policies, and insurance requirements to be met by any contractor seeking to participate in competitive bidding to provide construction and construction-related services for distribution system projects, and the electrical corporation shall not weight any contractor favorably or unfavorably due to affiliation with a labor organization or union, except if the work is being performed pursuant to a union-only project labor agreement which requires that participating contractors use union-represented labor. Contractors that meet the eligibility requirements set by electrical corporations shall be eligible to participate in the competitive bidding process for providing construction and construction-related services for distribution system projects, and the contractor making the lowest and best bid shall be awarded such contract.
3. Within thirty days after August 28, 2018, electrical corporations shall file a verified statement with the commission confirming that they have established a qualification process for the competitive bidding of construction and construction-related services for distribution system projects, and that such process conforms with the requirements of this section. The commission shall have the authority to verify the statement to ensure compliance with this section. Whenever the electrical corporation files a general rate proceeding, it shall submit concurrently with its submission of the rate schedules that initiate such general rate proceeding a verified statement confirming that it is using the qualification process for the competitive bidding of construction and construction-related services for distribution system projects required by this section for no less than ten percent of the combined external installation expenditures made by the electrical corporation's operating units in Missouri for construction and construction-related services for distribution system projects, and that such process conforms with the requirements set forth in this section to ensure compliance with this subsection.
4. Nothing in this section shall be construed as requiring any electrical corporation to use a qualified contractor or competitive bidding process in the case of an emergency project, or to terminate any existing contract with a contractor prior to its expiration, provided that the use of any pre-existing contract for construction or construction-related services for distribution system projects shall not qualify as fulfilling the ten percent requirement set forth in subsection 3 of this section. For contractors not qualifying through the competitive bid process, the electrical corporation, upon request from the contractor, shall provide information from the process in which the contractor can be informed as to how to be better positioned to qualify for such bid opportunities in the future.
5. By December 31, 2020, and annually thereafter, the commission shall submit a report to the general assembly on the effects of this section, including electrical corporation compliance, potential legislative action regarding this section, the costs of constructing distribution system projects prior to the implementation of this section compared to after the implementation of this section, and any other information regarding the processes established under this section that the commission deems necessary.
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(L. 2018 S.B. 564)
CROSS REFERENCE:
Nonseverability clause, 393.1675
Structure Missouri Revised Statutes
Title XXV - Incorporation and Regulation of Certain Utilities and Carriers
Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies
Section 393.010 - Corporations supplying gas, electricity or water — powers.
Section 393.020 - Authorizing laying of underground water mains — power of eminent domain.
Section 393.050 - Court shall appoint three commissioners to assess damages — payment of damages.
Section 393.060 - Number of owners may be joined in one petition.
Section 393.070 - Clerk of court shall give notice of petitions.
Section 393.080 - Cost of proceeding — how paid.
Section 393.090 - Corporation not authorized to enter or appropriate certain buildings.
Section 393.100 - Concerning the appropriation of property held by another corporation.
Section 393.108 - Hot weather rule, discontinuance of service prohibited, when.
Section 393.120 - Definition of terms.
Section 393.135 - Charges based on nonoperational property of electrical corporation prohibited.
Section 393.136 - Retroactive operation prohibited.
Section 393.147 - Loan programs, certain sewer and water corporations — authorized when, how.
Section 393.150 - Commission may fix rates after hearing — stay increase — burden of proof.
Section 393.160 - Inspection of gas, water and electric meters.
Section 393.170 - Approval of incorporation and franchises — certificate.
Section 393.180 - Right to issue stocks, bonds, notes subject to regulation.
Section 393.200 - Approval of issues of stocks, bonds and other forms of indebtedness.
Section 393.210 - Certificate of commission to be recorded — stock dividend prohibited.
Section 393.250 - Reorganizations of gas, electrical, water and sewer corporations.
Section 393.280 - Defense in case of excessive charges for gas, water, electricity or sewer service.
Section 393.291 - Steam heating companies, may file under small company rate procedures, when.
Section 393.292 - Nuclear power plant decommissioning, expense of, rate increase allowed, when, how.
Section 393.297 - Purpose of sections 393.298 to 393.302.
Section 393.298 - Definitions.
Section 393.300 - Customer bills in Braille or bold-faced type on request.
Section 393.302 - Tax on energy consumption, ordinance imposing tax, ballot measure required.
Section 393.356 - No modification or elimination of special rate under section 393.355.
Section 393.410 - Definitions.
Section 393.420 - Acquisition of right to use storage reservoir under publicly owned lands.
Section 393.430 - Gas storage company may exercise eminent domain — purposes — procedure.
Section 393.440 - Powers not to be exercised until approved by public service commission.
Section 393.450 - Buildings not to be condemned.
Section 393.460 - Strata and formations not subject to condemnation.
Section 393.470 - Limitation on condemnation of property held for public uses.
Section 393.480 - Law not to restrict other powers of eminent domain.
Section 393.490 - Rights of owner of land in condemned strata.
Section 393.500 - Gas in underground storage personal property.
Section 393.510 - Limitations to begin, when — cause deemed to accrue, when.
Section 393.550 - Definitions.
Section 393.553 - Written demand, notice, contents, refusal of access deemed denial of access, when.
Section 393.557 - Final order of access, exception — bond, amount — hearing.
Section 393.559 - Access, with sheriff, expenses of sheriff.
Section 393.561 - Damages awarded to utility customer, when — costs, court to determine who pays.
Section 393.563 - Other rights of access, not affected.
Section 393.565 - Appeals, customer must give bond.
Section 393.700 - Short title.
Section 393.705 - Definitions.
Section 393.720 - Commissions to be bodies public and corporate.
Section 393.725 - Bonds issued to be revenue bonds only — form of bonds.
Section 393.730 - Requirements of resolution authorizing bonds.
Section 393.735 - Additional security for bonds issued may be given, how.
Section 393.740 - Certain taxes applicable.
Section 393.745 - Refunding bonds may be issued.
Section 393.750 - Bonds legal investments for enumerated purposes.
Section 393.755 - Bonds may be repurchased.
Section 393.770 - Purchase agreements authorized — terms — not to constitute debt.
Section 393.831 - Articles of incorporation, amendment requirements.
Section 393.833 - Principal office, change of, procedure.
Section 393.837 - Securities law of Missouri not to apply, when.
Section 393.839 - Membership — meetings, annual, special — quorum — voting.
Section 393.841 - Voting districts may be provided, when, procedure.
Section 393.843 - Board of directors, powers and duties.
Section 393.845 - Officers, annual election, removal from office — employees and agents.
Section 393.849 - Excess revenues.
Section 393.851 - Prepayment of debt not prohibited.
Section 393.853 - Voluntary dissolution, articles, contents, submission to secretary of state.
Section 393.855 - Voluntary dissolution, procedure for winding up affairs.
Section 393.857 - Construction of laws relating to nonprofit sewer companies.
Section 393.861 - Private property of members exempt from execution for debts of company.
Section 393.900 - Nonprofit water companies may be organized — articles of incorporation.
Section 393.903 - Corporations may convert to nonprofit water companies, how.
Section 393.906 - Powers and duties.
Section 393.909 - May amend articles of incorporation, how.
Section 393.912 - Change of principal office, how.
Section 393.918 - Securities law not to apply, when.
Section 393.924 - Company territory may be divided into voting districts.
Section 393.927 - Board of directors, powers, duties, number, terms of office, procedure.
Section 393.930 - Officers, qualifications, powers and duties, terms of office.
Section 393.936 - Revenues to be distributed, when.
Section 393.939 - Prepayment of indebtedness permitted.
Section 393.942 - Voluntary dissolution before commencing operations.
Section 393.945 - Voluntary dissolution and windup of affairs after commencing operations.
Section 393.954 - Claims against insured nonprofit water company after dissolution, procedure.
Section 393.1000 - Definitions.
Section 393.1003 - Rate schedules, procedures to establish or change (St. Louis County).
Section 393.1009 - Definitions.
Section 393.1020 - Citation of law.
Section 393.1025 - Definitions.
Section 393.1040 - Encouragement of reduced consumption, objective of act.
Section 393.1045 - Cap on increase in retail charges based on renewable mandates.
Section 393.1150 - Suit or claim brought, measure of damages.
Section 393.1500 - Citation of law.
Section 393.1503 - Definitions.
Section 393.1610 - Small scale and private innovative technology investments — definitions.
Section 393.1640 - Growth project, discounts, when — requirements — discounts expire, when.
Section 393.1655 - Rate modifications, limitations on — definitions.